Last update RGPD: 24/05/2019
• 1 Introduction
•1-1 The General Terms and Conditions of Sale (GTCS) govern the legal relationship between the Luxembourg company ("Company") INTERNATIONAL POOLS Sarl and the customer ("Customer") making purchases through the online shop. The registered office of the Company is located at L-3364 Leudelange Luxembourg, 5 rue du château d'eau. The company in question is registered with the Luxembourg Trade and Companies Register under number B 191.214. Its establishment permit is No. 10057442/0. The website www.c-piscine.com of the online shop through which customers make their purchases is established and administered by the Company. Any acquisition may be made by the Customer himself (i) on the website via the online shop or through the (ii) person in charge of the Company receiving the Customer's telephone orders.
•1.2 The GTCS must be read in advance and accepted by the Customer before any purchase on the online shop via the site. After having read the GTC, each Customer is aware of the rules governing any purchase on the shop via the site. No handwritten signature is required if the Customer prefers to choose an online purchase of the items. The Customer has all rights to publish or save the GTCS. He shall be solely responsible for all decisions and processing related to these GTCS. He must also certify in advance the use he will make of the orders: purchase and personal use and not directly related to his professional function. If the customer makes a purchase directly related to his professional function, he has the duty to report it, like any consumer who buys on the online shop. The GTCS may be subject to correction. Therefore, the Customer must read them regularly to be aware of any changes. The current GTCS will establish the contract and the final clause between the buying customer and the selling company.
•1.3 The online shop under the responsibility of the Company available via the site mentions the following details:
The exact designation of the Company
The presentation of the basic features of the items on sale
The presentation in Euros of the prices of the articles and the shipping costs if necessary
The presentation of the stages payment, shipment and any sales act
Indication of the right of withdrawal
The formalities for cancelling the contract if it is for an indefinite period or for a period exceeding 12 months.
All these details are available in three languages: French, English and German.
The customer certifies by a legal agreement that he fully adheres to these GTCS.
If he has any questions regarding the GTCS, he is invited to send a letter to the Company whose addresses are listed in Article 2 or to send an e-mail to the following e-mail address: email@example.com.
•2 Company contact information
The online shop available via the site is governed by the Luxembourg company INTERNATIONAL POOLS S.A.R.L., subject to limited liability under Luxembourg law and having its registered office at L-3364 Leudelange Luxembourg, 5 rue du château d'eau. The Company is a member of Sociétés de Luxembourg and of the Commercial Register under the reference B 191.214. Its establishment authorisation is no. 10057442/0 and its intra-Community VAT number is LU27591212. For any quick contact, the company offers the telephone number +352 277 203 05 and the e-mail address: firstname.lastname@example.org.
•3 Credibility of the GTC
The GTC relate the commitments of both parties, i.e. the Company and the Customer. The latter is therefore informed of all the rules governing all actions on the site.
•4 Consultation and use of the site
When the Customer consults the site, he submits information or personal data concerning him on the site in question. These details will be handled by the site in accordance with the rules for the processing of personal data that it has previously established, in a legal manner and adapted to the purpose imposed by the Company.
The customer who consults the site agrees to the use of the personal data he will communicate. He must also certify the accuracy of this information.
•5 Reason and access to the Site
The GTCS declare the rights and rules that both parties must accept in the context of online sales. All sales and services of the site are only offered to the following countries: Luxembourg, Metropolitan France, DOM-COM, Corsica, Germany, Belgium, Netherlands and Austria.
•6 Using the Site
If the customer decides to use the site and make an order, he must accepts :
- To make correct and legal purchases via the site.
- To avoid dishonest purchases. If the case arises, the Company will not hesitate to cancel the purchase and contact the authorities responsible for settling the matter.
- To send the Company accurate and truthful contact details (e-mail, port address, etc.). The customer also undertakes that the Company will use these details to contact him/her if necessary.
•7 Purpose of the contract
•7.1 The importance of the GTCS The parties are linked to each other by contractual files containing a purchase order and the GTC. If the two parties disagree, the clauses of the GTCS shall be considered in relation to those of the purchase order.
•7.2 Process of transmission and acceptance of the purchase The details set out in the GTC are not considered a proposal to sell or an invitation to purchase.
Purchase by the Customer
If a customer wishes to make a purchase on the online shop via the site, here are the steps to follow:
- the Customer accesses the Site,
- the Customer makes purchases by filling his shopping cart with products,
- the Customer must create his own account, or identify himself if he already has an account on the site
- the Customer enters personal information: contact, address and place of delivery,
- the Customer receives in return information on the delivery charges and the shipping method of the ordered items.
- the Customer selects his method of payment,
- The Customer presses "Confirm your order" to accept the GTCS and validate his orders. He accepts the purchase made, assumes the resulting compulsory payment, with the related delivery rates as well as the rights that may be applied according to the GTCS imposed.
- The Customer then accesses the payment field to make a payment request. He chooses the secure payment method that suits him: Payzen or Paypal.
- The Customer obtains an e-mail of validation of his purchase from the company. According to article 7.2.2, a clause is agreed between the two parties.
If the Customer proceeds to the purchase through a seller of the Company on the site, here are the steps to follow:
- The Customer goes to the Site and consults the various items for sale
- The Customer gets in touch with the Company's salesman.
- The Company's salesman proceeds to fill the shopping cart of products according to the orders imposed by the customer.
- the Company's salesman is in charge of creating a new Customer account or noting the identities of this customer if he already has an account, according to the information communicated by the customer himself.
- the salesman receives from the customer all the information necessary for the delivery: address, contact, place, ...
- the Company's salesman informs the Customer about the process and shipping costs
- the Customer selects his method of payment,
- the Company's seller sends the customer via e-mail the summary of the purchase made and the relevant GTCS
- the Customer acknowledges the purchase he has just made with the corresponding GTCS.
- The Customer chooses the secure payment method PAYZEN or Paypal through the Company's seller. The latter is responsible for completing the secure payment field with the information provided by the Customer.
- The seller sends an e-mail validating the purchase made by the Customer, which means that a contract is established between the parties according to Article 7.2.2.
•7.2.2 Drawing up the contract
According to the GTCS presented, the contract between the company and the customer is validated following the sending of a validation e-mail of the purchase mandated by the Company. This email means that the Company accepts orders placed directly by the customer or through a salesperson via a phone call.
The validation email sent by the Company will recall the data provided by the customer and the GTC applicable following the purchase. The customer is responsible for the information he has provided, in particular the address where the package will be shipped. He is also the sole guarantor of the registration of the purchase validation email which will be the equivalent of a sales contract between him and the sending Company.
By visiting the site, the Customer will be able to check his purchase in real time thanks to the tab "My Account/Check my orders".
All the pages of the Site allow the Customer to consult the GTCS.
•7.2.3 Electronic signature
The customer can make an electrical signature by making a "double click" when accepting the order form. This electric signature will be the equivalent of his handwritten signature.
By clicking on the "Confirm your order" icon at the end of the order process, the Customer irrevocably declares that he accepts the order placed, accepts the obligation to pay the price that by the delivery costs and the full and unreserved completeness of the GTCS applicable to this order shall be due and payable in full.
•7.2.4 Products not available
If a product of interest to the customer is not available, the Company will notify the customer by e-mail beforehand.
If the hypothesis arises, the Company will try to maintain the order by sending other available items sharing the same qualities and prices as those of the ordered and unavailable products.
If the customer retracts, the cost of returning the product will be borne by the Company.
If the product sent by the Company does not share the same qualities and price with the first product ordered by the customer, the Company undertakes to make a refund to the customer. The sending of the refund amount will not be communicated by the Company. In principle, 30 days must be counted from the day of payment by the customer.
The Company will send the refund to the Client by bank transfer.
•7.2.5 Right of withdrawal and modification
The Company has all rights to modify or remove any product or service, or any item related to a service or product on its site. Such removal and modification may be carried out at any time on the site.
The possible withdrawals or modification of a product or service established by the suppliers are not under the responsibility of the Company.
•8 Declaration of the transaction
All computerised exchanges between the customer and the Company (communication, orders and payments) are saved in the Company's computer system. They are kept securely to demonstrate the legitimacy of the negotiations between the two parties.
Invoices and purchase orders are also concrete proof of the exchanges between the two parties. These details are recorded on a secure and durable system.
•9 Details of products, services and prices
•9.1 Article 111-1 encourages the Company to present on its website all information concerning the products offered for sale. Their characteristics will be seen and studied by the customer via the site, before entering into a contract with the Company.
•9.2 On its Site, the Company must also present the prices of its services and products, which it will formulate in Euros, exclusive of tax and including all taxes. Delivery prices and internet prices (at the Client's expense) will not be indicated.
The site must mention the price of the products and services indicated on the order form before placing an order. These prices correspond to the prices in force and cannot be revised during a period of 30 days after the order is placed. They include the current VAT at the date of placing the order. If the VAT rate changes, the price of the products and services of the online shop via the site will also be modified accordingly.
•10 About payment
The Customer places the order and pays the total purchase price at the same time. No deposit is accepted.
The order form allows the Customer to select the method of payment that suits him.
The customer must prove to the Company that he will use the necessary means to settle the payment according to the chosen method. This payment must be made as soon as the order form is validated.
In the event of non-payment, the Company will take the initiative to stop the preparation and delivery of the order. The Company will proceed to the same sanction if the bodies responsible for accreditation present a possible refusal of payment authorization. No order or delivery will be made if the Company receives proof of disagreement or non-payment with the organizations.
For a secure payment, the Company collaborates with Paypal to detect any fraudulent use of bank details. Paypal will ask the customer to send a copy of a true identity document and a valid certificate of domiciliation. It will be responsible for confirming the purchase once the personal documents have been validated.
The payment must be made within the indicated period. If the customer does not respect this detail, the Company will impose a penal contract on him/her for 10% of the unpaid amount, plus a minimum sum of 20 €.
•11 About delivery
•11.1 Delay :
The maximum delivery time is thirty (30) working days from the conclusion of the contract, i.e. the sending of the order validation email by the Company, unless a specific stipulation is indicated to the Client before the order is placed and prior to the final validation of the order. In this case, the Company shall specify an indicative delivery date.
As soon as the contract is concluded, the Company shall indicate the delivery date of the order within a maximum margin of 30 days. The finality of the contract is reflected in a validation e-mail sent to the customer. If there is a special agreement between the customer and the Company, the delivery date may change. This change of date will always be i The maximum delivery time is thirty (30) working days from the conclusion of the contract, i.e. the sending of the order validation email by the Company, unless a specific stipulation is indicated to the Client before the order is placed and prior to the final validation of the order. In this case, the Company shall specify an indicative delivery date.
As soon as the contract is concluded, the Company shall indicate the delivery date of the order within a maximum margin of 30 days. The finality of the contract is reflected in a validation e-mail sent to the customer. If there is a special agreement between the customer and the Company, the delivery date may change. This change of date will always be indicated by the Company.
This organization does not concern custom-made items.
The delivery time differs according to the orders: if it concerns a large number of products, the total order will be delivered within an indicative period.
The Company shall not be liable for any indemnities or penalties caused by late delivery.
The customer may nevertheless cancel the contract if the delivery takes too long, i.e. if it has not been made more than 7 days after the indicated deadline.
If the contract is cancelled, the Customer must stipulate this by registered letter with acknowledgement of receipt within 60 working days.
This decision is a separate case, which does not apply only in the event of late delivery.
The Client will then be reimbursed by the Company for all sums paid in advance. This refund will be made within a short period of time, or at most 30 days after receipt of the registered letter.
•11.2 Means of delivery and withdrawal
•11.2.1 Common organizations
Delivery is defined as the allocation of items to the customer, to the address provided by the customer during the ordering process. Shipping to various countries and regions is carried out through the following service providers: Colissimo, UPS, DPD, GLS, Chronopost, Geodis, Khuene Nagel, Parcel Relay and TNT. The Customer will receive an email from the service provider indicating the shipment of the order.
The carrier carries out the delivery from Monday to Friday, from 8am to 4pm.
Delivery differs according to the size of the parcel: by a delivery man for a large parcel, and by courier for a medium-sized parcel. The delivery form must be filled in correctly by the customer during the handover, including his contact details and mobile or landline telephone number. If the contact details provided are subject to an error or fault on the part of the customer, the company, the deliveryman or the courier will not be at fault for any inability to deliver. A return of the parcel to the Company would then be possible. In this case, the customer will have to pay a return fee of 50€ for providing false or erroneous contact details.
For large parcels, the delivery will be charged by a delivery man who, for his part, would have already sent an information email or a phone call to the customer to fix the appointment. (hereinafter, the "Appointment"). This contact is important as it will allow the customer to indicate to the delivery person any obstacles that might surprise him during the delivery. (Unless the Customer has already mentioned them in the handover form). It is the Customer's duty to inform the deliveryman of the various constraints on access to the home: ease of passage for a 19 tons, 4.5m high or 3m wide minimum, or if the access will allow the truck to make a U-turn after delivery. The customer will also be in charge of the additional costs of shipping the orders, especially if the deliverer is obliged to use trolleys or transport equipment to facilitate the delivery. These costs are to be paid and validated before the day of delivery.
Delivery by mail concerns parcels with reduced dimensions. A delivery address must be sent beforehand so that the parcel can be collected directly by a natural person on the day of delivery (address of the home, workplace, caretaker, friend or relative for example).
If the Customer is not available during the delivery, the deliveryman must leave him a delivery notice stipulating the address and contact details of the place where the parcel is to be picked up. On his part, the Customer will be obliged to pick up his package at the address indicated in the delivery notice, within a specified period of time.
The Company shall be obliged to impose other additional charges on the Customer if :
- the delivery did not take place on the day of the appointment because of a false address or information given by the client.
- access to the place of delivery was difficult and the customer did not report it
- the commitments agreed upon in the contract are not respected by the customer
- the customer himself cancels the delivery or refuses receipt of the package at the address he has indicated, or at the point indicated in the delivery notice.
The Company will contact the Client to impose the payment of these charges before a new delivery is made. If there is no payment, the Company will make a final decision: either it will propose to the Client to take the product from the warehouses, or it will proceed with the sale by registered letter with acknowledgement of receipt. The customer, for his part, may still request a refund of the fees paid by sending a letter of recommendation with acknowledgement of receipt. All delivery costs will be deducted from this reimbursement sum: in particular shipping costs, return costs (3 €/kg transported) and the administration costs of the order file (35 €). The Company will keep the prices paid by the customer in the case of custom-made products, according to the explanations given by the customer.
•11.2.2 Concerning deliveries in Switzerland and DOM-COM
Delivery will be made to the address indicated by the Customer on the order form. According to Article 11.3.1 of the GTCS, the Customer must check the condition of the packaging of the product during delivery, and note in the delivery note if there was any damage during transport of the package. The Customer must also report any damage to the Company within 7 days from the date of delivery.
If the delivery has not taken place because the customer has not followed the delivery notice or access to the delivery address has been too difficult, the Company will take the decision to charge the customer for the transport costs.
A detailed invoice may be sent to the customer at the billing address provided by the customer to the Company. The customer can validate this invoice request when filling out the purchase order.
Delivery is handled by the following carriers: UPS, DPD, Colissimo, Chronopost, Geodis, GLS, Khuene Nagel, TNT, which also has the role of notifying the Customer by e-mail of the next delivery.
No tax is to be paid. Customs charges for leaving the territory are the responsibility of the Company. On the other hand, the Client will have to pay the entry customs fees, local VAT and other customs duties on delivery.
•11.3 Impact on delivery
•11.3.1 The Customer must necessarily report any incident during delivery: missing product, damage, broken package, etc.. He must do so on the delivery note in the "handwritten reservations" field, which he must sign in the end.
The Customer shall also notify the carrier of any problems related to the delivery, two working days after the delivery date. Complaints should be noted in a registered letter with acknowledgement of receipt.
If no complaint is received, the Customer is considered satisfied with the delivered product. In this case, he will no longer be able to make any request, nor send any possible dispute to the Company or the carrier when he has left, even if the package has not been checked in his presence.
•11.3.2 In the event of delivery errors and conformity
Any report concerning the error of delivery and/or conformity of the products must be indicated by the Client to the Company on the delivery date or one day after this delivery date at the latest. This error may concern the nature or quality of the product, which does not comply with the characteristics indicated on the order form.
The Client may make a complaint to the Company using the "contact us" complaint form on the site, with the order reference number that must be indicated.
When the Company receives the complaint, the Client will receive from the Company a new exchange number for the product(s) concerned. The number is sent by e-mail, fax or telephone. The exchange will take place once the number is received by the Client.
Non-conforming products to be exchanged or returned must be sent to the company SupplyWeb Logistique, accessible via the address: Route de la Sablonnière, 14980 ROTS, France. These products must be returned in their original packaging, with the same quality and quantity, in the form of Colissimo registered letter or equivalent. In order for the return of the product to be validated, the Customer must notify the Company's Customer Service in advance at the following e-mail address: email@example.com.
•12 Transmission of risks
The Customer or the third party who receives the delivered product shall be notified of any loss or damage to the product. This same customer or other natural person may apply the rules governed in chapter 11.2.1 depending on the circumstances of the case.
•13 Product warranties
•13.1 Legal warranty
The established GTCS do not prevent the customer from benefiting from the legal guarantee of the purchase as stipulated in Article L.212-3 of the Consumer Code. The professional seller has a duty to reassure him/her against any intolerable fraud as well as any errors in the conformity of the items purchased. This is what is agreed in the contract and in articles 1641 to 1649 of the Civil Code.
- According to the law of 21 April 1989, the Company selling the products is not necessarily the producer. In this case, the Customer must be advised of this detail stipulating the Company's non-responsibility in case of damaged or non-conforming products. According to Article 2, 2° of the Law of 21 April 1989, the Company is obliged to contact the manufacturer or producer of the product if it is of poor quality or has a defective appearance.
- According to Articles L-212-1 to L-219-9 of the French Consumer Code concerning the legal warranty, all provisions imposed by these laws may be applied.
•13.2 Commercial warranty
- About the conditions and duration of the producer's contractual guarantee period
It should be noted that the commercial warranty does not apply to :
The application of the retractation period;
The delivery of a missed product that has not been reported by the delivery driver.
Changing defective accessories (bags, brushes, tracks, probes...)
Improper handling and improper use of products. The Customer must follow and respect to the letter the instructions in the user manual delivered with the products.
Errors and their impacts caused by the work of an unqualified repairman, errors and their impacts caused by the misuse of a product (collective use, professional use,...), the unsuitability of the product in relation to the Customer's expectations.
Errors and their impacts caused by external factors (shock, lightning, frost, current fluctuation...);
If the use of the product is disrupted by the above-mentioned factors, which are not taken into account by the commercial guarantee, the Company must ask the Client for the transport and repair rates according to the clauses in force during its handling. The Customer must be informed of the GTCS in application via the e-mail address he indicated during the order.
•13.3 Regarding the cost of return shipment
The Company takes care of the shipping costs after the exchange or repair of the product. As for the customer, he will be responsible for the return costs as agreed in the commercial warranty.
Once the Company grants the warranty request by e-mail or telephone, the Customer has the duty to pack the product and provide a copy of the invoice.
The Company will make every effort to send only the damaged part of the product for prompt repair. The change of the damaged product does not involve the borrowing of a new part.
•14 Right of withdrawal
•14.1 Definition of the right of withdrawal
The right of withdrawal can be applied by the Customer without being obliged to provide official reasons for 14 days.
The right of withdrawal is valid for 14 days. From that time, the Customer or another person becomes the owner of the new ordered product. The Company must be notified of any application of the right of withdrawal by the Client, by e-mail: firstname.lastname@example.org, or by postal letter to be sent to the address L-3364 Luxembourg, 5, Rue du Château d'eau. The notification to the Company is presented in the form of a direct declaration without any ambivalence, or via the form available at the bottom of this GTC article.
The withdrawal period will be valid provided that the Client informs the Company of his desire to apply the right of withdrawal before the details indicated. He must define his wish to return the product by mentioning the nature of the product as well as the date during which he ordered it and received it. The sales invoice or order form may also accompany this information.
•14.2 Consequences of the application of the right of withdrawal
If the customer proceeds to the application of his right of withdrawal, the Company shall reimburse him for all sums paid except for delivery and return costs. The Customer benefits from this condition if he tends to respect the 14 days of validation of the right of retraction. Reimbursements by International pools following the use of the right of withdrawal by the Client shall be made as follows:
- Fixed price of 15.99EUR for purchases of a total price or less than or equal to 50€.
- Fixed price of 35.99EUR flat rate for purchases with a total price of more than 50 €.
Refunds are made through the method of payment used by the Customer during the initial purchase, unless the Customer informs the Company of a new method of payment. The Customer will not pay any fees, but the Company has every right to vary the shipment of the refund until the product is returned to the Customer in full. The time limit for the refund may be modified according to the technical aspect of the product and the final date of the product return, in particular if a technical check is required on the returned product (see test and control in advance).
The product to be returned to the company must be returned no later than 14 days from the date the Customer has decided to apply his cancellation of the contract. No undue delay will be tolerated by the Company. The cost of returning the product to the Company shall be borne by the Client. The product itself must be packed in the form of Colissimo registered letter or equivalent.
In accordance with the right of retraction, the Client may request the exchange of the product or the total reimbursement of the price paid. If he chooses the exchange, he will have to pay the cost of reshipping the product. The product to be exchanged must be returned to the Customer in its original condition, i.e. correctly packed in its original package, unsoiled and undamaged. The user manuals and accessories supplied with the product must also be returned.
The Customer is responsible for the original nature and functioning of the product. He will have to demonstrate the operation of the product before a store manager and this, according to the conditions imposed by this manager.
The application of the right of withdrawal by the customer is governed by the processes of Articles L.221-3, L.222-9 and L.222-10 of the Consumer Code.
•14.3 Derogation from the right of retraction
According to Article L.222-9 (7) of the Consumer Code, the customer's right of withdrawal does not apply to custom-made products (tarpaulins, covers, liners, wooden pools, c-spas, custom-made shelters, etc.). They are also not subject to the right of return or exchange.
Right of use
According to the law of 18 April 2001 on copyright, related rights and databases, the Client benefits from the right to use the Company's software for personal, non-exclusive and non-communicable purposes.
However, the Client has the duty to respect the property right imposed by the author of the software on his own work.
•15 In case of force majeure
The Company and the Client are obliged to comply with these contractual provisions except in cases of force majeure that may cause a delay or impediment.
Both parties must do their best to honour these rules unless there have been unavoidable external impediments that they could not manage.
The first party must always inform the second party if the case of force majeure arises. This notification must be made within 10 working days from the day the affected party became aware of the situation. The two parties will meet within one month to study the problem and to agree on the arrangements to be taken to continue the contract. The GTCS will be applied by the affected party if the case of force majeure takes up to three months.
Cases of force majeure or fortuitous events that will not be taken into account by the Luxembourg courts concern in particular: natural disasters (storms, earthquakes, lightning, floods), traffic stoppages, fires and blockages in telecommunications networks.
•16 Independence between the provisions of the GTCS
Even if one or more parts of the GTCS are considered undeclared or invalid by a qualified court of law, all other parts not affected remain valid and applicable.
•17 No waiver
If the GTCS are not respected by either party, each case must be carefully considered. This does not mean, however, that the parties waive their right to comply with the GTCS.
Titles are considered missing if there is a misunderstanding in the application of the GTCS between the two parties.
•19 Data protection
According to the law of 2 August 2002, the Company must respect the personal data of the Customer and protect this person with regard to the use of his data.
The data concerning the Customer are essential for the preparation of purchases. They may be transferred to the Company's contractual service providers for the processing and delivery of orders.
According to the law of 2 August 2002, the Customer has all rights to refuse the processing, use or transfer of his personal data to any company. He may contact the Company to apply his rights of access or rectification to his personal data, available on the Company's files.
•20 Applicable law
The GTCS stipulated in this article are in the French language. They may be applied or expressed according to Luxembourg law.
The Client shall contact the Company directly if a dispute arises between the two parties in order to find an amicable solution.
If the Client does not wish to be in contact with the Company, he may refer the matter to a court in the region where he lived during the drafting of the contract and where the prejudicial situation occurred, in addition to the intervention of the courts territorially competent under the Code of Civil Procedure.
Attached is the model withdrawal form.
(This form will only be useful if the Customer wishes to withdraw from the established contract).
- For the attention of INTERNATIONAL POOLS S.à.r.l,
5 rue du Château d'Eau L-3364 LEUDELANGE, LUXEMBOURG
Phone number *+352 277 203 05
- I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the service (*) below
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)