General conditions of sale
1.1 The general conditions of sale (hereinafter referred to as “General Conditions of Sale”) govern the legal relationship under Luxembourg law between the limited liability company INTERNATIONAL POOLS S.à.r.l, with its registered office based at L-1885 Luxembourg, 37A Avenue JF Kennedy, entered into the Commercial Register and Companies Register under number B 191.214, with a registered VAT No. LU27591212 and as holder of residence permit number 10057442/0 (hereinafter referred to as the “Company”) and the customer (hereinafter referred to as the “Customer”) in connection with any purchase made via the online store by an intermediary and via the website which can be accessed at the following address: www.c-piscine.com, (hereinafter referred to as the “Site”), a website which has been published and managed by the Company. The purchase can only be made via the online store which can be accessed by an intermediary, when (i) an order is placed in full by the Customer via the website, but also by (ii) a vendor from the Company following instructions issued by the Customer over the telephone.
1.2 Every order of one or several product(s) on display which can be accessed via the online store requires prior consultation and acceptance of these General Conditions of Sale on behalf of the Customer.
Consequently, the Customer is fully aware of the fact that his/her agreement regarding the content of these General Conditions of Sale does not require a handwritten signature of this document to the extent that the Customer wishes to order product(s) explicitly online, which are displayed as part of the online store, and which can be accessed via the website.
The Customer has the option to save or publish these General Conditions of Sale, provided that saving and editing this document remains his/her sole responsibility. The Customer shall state prior to his/her order that the acquisition of this/these product(s) is not linked directly to his/her professional activity, and that their acquisition is being reserved for personal use on his/her behalf. The Customer has specific rights as a consumer which would be called into question in the event that any product(s) or service(s) acquired as part of the online store which can be accessed via the site would actually have related to his/her professional trading activity.
These General Conditions of Sale may be modified. It is the responsibility of the Customer to consult these periodically, and to consult the General Conditions of Sale in force at the time the agreement has been entered into which govern the relationship between the parties.
All of this information is provided in French.
The Client states that he/she has full legal capacity to commit to the existing General Conditions of Sale.
For any questions regarding these General Conditions of Sale, the Client may contact the Company via the following e-mail address email@example.com or by writing to the Company whose details are provided in Article 2.
•2 Company details
The sale of products and services available via the online store which can be accessed via the site is guaranteed by the limited liability company INTERNATIONAL POOLS S.à.r.l, with its registered office based at L-1885 Luxembourg, 37A Avenue JF Kennedy, entered into the Commercial Register and Companies Register under number B 191.214, with a registered VAT No. LU27591212, as holder of residence permit number 10057442/0, whose e-mail address is firstname.lastname@example.org, whose telephone number is +352 27 33 53 80, and whose fax number is +352 27 33 53 81
•3 Scope of General Conditions of Sale
These General Conditions of Sale express all of the obligations among the parties. The Customer is then assumed to have accepted all of the provisions specified in these General Conditions of Sale without reservation.
4 • Visit and use of the Site
Any information or personal details given by the Client when visiting and using the Site shall be processed in accordance with personal data processing policies introduced by the Company, and in a manner which is both fair and proportionate to the intended objective of the Company.
By using the Site, the Customer shall give his/her consent to processing information and personal data which may announce and confirm that this information and this personal data which may be communicated in the future is both true and reflects reality.
• 5 Purpose of the Site and Site accessibility
These General Conditions of Sale are intended to define the rights and obligations of the parties as part of the online sale of products and services offered by the Company to the Customer within the framework of the online store which can be accessed via the website. The sale of these products and services via the Site can only be accessed by the Customer from the following countries: Luxembourg, France, French overseas territories, Germany, Belgium, The Netherlands, Austria and Switzerland.
4 • Use of the Site
When using the Site and whenever the Customer places an order, the latter shall agree:
• 7 Conclusion of contract
•7.1 Prevailing General Conditions of Sale
The contractual documents which connect the parties consist of these General Conditions of Sale and a purchase order. If we assume that there is conflict between their respective provisions, then the provisions specified in the General Conditions of Sale shall prevail over those stated in the purchase order.
•7.2 Procurement methods and order verification
The provisions included in the General Conditions of Sale do not themselves represent an offer to sell, nor an invitation to process.
• Customer order
Any orders placed exclusively by the Customer by the intermediary of the
online store which can be accessed on the Site shall be completed over the following stages:
• the Customer visits the Site,
• the Customer fills his/her shopping cart with products,
• the Customer creates his/her account or signs in if he/she has already created an account beforehand,
• the Customer provides information regarding his/her delivery details,
• the Customer is informed about the delivery method and about the amount of delivery charges,
• the Customer chooses his/her payment method,
• the Customer validates the General Conditions of Sale and his/her order. The Customer irrevocably agrees to accept the order which has been placed by clicking on the button “Confirm your order” at the end of the order process, and also accepts the subsequent obligation which follows, namely to pay for delivery charges which relate thereto, as well as accepting the General Conditions of Sale which apply to this order both in full and without reservation.
• the Customer will be redirected to the secure payment platform and will submit his/her payment request in accordance with the following secure payment options: Saferpay and PayPal
• finally, the Customer will receive an e-mail from the Company confirming the order. The agreement will be entered into between the parties pursuant to Article 7.2.2.
• any orders placed by the Company vendor via an intermediary
• the Customer connects to the Site and becomes of aware of the products on offer,
• the Customer makes telephone contact with the Company vendor,
• the Company vendor fills the shopping cart with products following telephone instructions he/she has been issued with by the Customer,
• the Company vendor creates a Customer account or he/she signs in if an account has already been created on the basis of the information which has been provided,
• the Customer provides the Company vendor with information regarding his/her delivery details,
• the Company vendor informs the Customer about the delivery method and about the amount of delivery charges,
• the Customer chooses his/her payment method,
• the Company vendor sends the Customer the order summary and any applicable General Conditions of Sale by e-mail,
• the Customer validates the General Conditions of Sale and his/her order,
• the Company vendor will be redirected to the secure payment platform and will submit the payment request from the Customer in accordance with the following secure payment options: Saferpay or PayPal, based on the information provided by the Customer,
• finally, the Customer will receive an e-mail validating his/her order. The agreement will be entered into between the parties pursuant to Article 7.2.2.
• 7.2.2 Formation of agreement
The order confirmation sent by the Company implies that the latter has accepted (i) the order placed in full by the Customer via the Site and (ii) the order placed by the Company via the Site following telephone instructions issued by the Customer, and which therefore forms a sales contract between the parties as specified by the provisions quoted in the General Conditions of Sale.
The information provided by the Customer and the General Conditions of Sale which form the agreement will be reiterated in the order confirmation e-mail sent by the Company. The truthfulness of this information, in particular the delivery address, remains exclusively the responsibility of the Customer. The Customer is also responsible for retaining the order confirmation e-mail sent by the Company which includes a copy of the sales agreement.
The Customer will be able to access his/her order at any time by visiting the Site and accessing the tab “My Account/Check my orders”.
You can be directed to the General Conditions of Sale from any page of the Site.
•7.2.3 Electronic signature
The "double click" from the Customer while validating the order constitutes an electronic signature which has the same value as a handwritten signature between the parties.
The Customer irrevocably agrees to accept the order which has been placed by clicking on the icon “Confirm your order” at the end of the order process, and also accepts the subsequent obligation which follows, namely to pay for delivery charges which relate thereto, as well as accepting the General Conditions of Sale which apply to this order both in full and without reservation.
•7.2.4 Unavailability of goods
The Customer will be informed by the Company as soon as possible by e-mail should a product which has been ordered be unavailable.
Under these circumstances, the Company reserves the right to split the order by delivering the products which are available and by replacing the item which is unavailable with one of an equivalent quality and price.
In the latter case, any returns costs associated with action taken by the Customer with regards to his/her right of cancellation of this product resulting in a replacement of an equivalent quality or price, shall be charged to the Company.
In the event that the Company should fail to provide goods of an equivalent or price, then it shall agree to reimburse the Customer for the corresponding amount without delay, and shall do so no later than within thirty (30) days after payment of this amount has been made by the Customer.
The refund will be processed by the Company by bank transfer to his/her designated bank account.
•7.2.5 Right of withdrawal and amendment
The Company reserves the right to withdraw a product or service from its Site at any time, or to withdraw or modify the content relative to a product or a service.
The Company cannot be held liable for any potential withdrawal of a product or service on behalf of the suppliers.
•8 Proof of transaction
Computerised records stored in the Company's computer systems under reasonable security conditions will be considered as proof of communication, orders and payments between the parties.
Purchase orders and invoices are archived on reliable and durable media which can be presented as evidence.
•9 Information about products, services, and their prices
•9.1 The Customer will be informed by the Company via its Site that all of the product features required for them to be put on sale in view of compliance with Article 111-1 of the Luxembourg Consumer Code mean that the Customer has an obligation to provide information prior to the conclusion of the contract.
•9.2 On its Site, the Company also provides an accurate indication of the price of its products and services. The prices are quoted in Euros, both with and without VAT, and are exclusive of delivery costs which are invoiced additionally, and which are quoted prior to the order confirmation. Any potential Internet charges are excluded and shall be borne by the Customer.
The price of products and services quoted on the purchase order correspond to the tariffs which are effective on the Site at the time of placing the order. These tariffs are valid, fixed, and are not subject to being adjusted for a period of thirty (30) days after the order has been placed by the Customer. The prices include the rate of VAT applicable on the day the order has been placed and any change in the VAT rate will automatically be reflected in the price of products or services from the online store which can be accessed via the Site.
Payment of the price in full must be made when ordering. At no time can payments made be considered as a deposit.
In order to do this, the Customer has the option of choosing various payment methods which are highlighted on the purchase order.
The Customer will assure the Company that he/she has the authorisation he/she may need to use the payment method they select when validating the order.
The Company reserves the right to suspend all order management and all deliveries in the event of non-payment, however it may also do so in the event of payment authorisation being declined by officially accredited bodies. By the same token, the Company reserves the right to refuse to make a delivery or refuse to honour an order as a result of the Customer being in default due to full or partial non-payment of a previous order, or if proceedings concerning a previous dispute are being instigated.
With regards to fraudulent use of bank details, the Company has set up a procedure for verifying orders in conjunction with PayPal to ensure that nobody is able to use the bank details of another party without his/her knowledge. As part of this verification, the Customer will be asked to provide PayPal with a copy of one form of valid identity, along with proof of address. The order confirmation will be subject to receipt and an analysis of the documents by the said company.
Failure to make payment within the time limit will by right, and without formal
notice result in a penalty invoice being raised to the sum of 10% (ten percent)
of the outstanding amount, with a minimum of € 20.
The maximum delivery time is thirty (30) working days after the agreement has been entered into, namely the order confirmation e-mail being sent by the Company, unless the Customer has been informed otherwise prior to placing the order, as well as a final confirmation thereof having been issued. Under these circumstances, the Company will specify an indicative delivery date.
Customised products are excluded from this provision.
Where separate products are delivered at one time, the longest delivery time is that which will apply to the entire order. The delivery time is indicative.
Delays to delivery cannot result in any financial penalties or compensation whatsoever which are to the detriment of the Company.
It is possible however for the Customer to terminate the agreement if the delivery has not taken place within seven (7) days after the delivery deadline quoted.
Any such termination must be activated by sending a letter via registered mail with proof of postage sent within sixty (60) days from the date specified for delivery of the product.
This provision does not apply in the event of a delay which can be attributed to an incident of Force Majeure.
The Company will refund the Client all of the amounts which have been paid as soon as possible, and shall do so no later than thirty (30) days following receipt of the letter sent by registered post.
•11.2 Delivery methods and recalls
•11.2.1 Common provisions
•11.2.2 Specific delivery provisions in Switzerland and overseas departments
•11.3 Impact on delivery
•11.3.1 Any issues with delivery caused by the carrier, and any defects attributed to the delivery (damage, a missing product when matched against the delivery note, damaged package, broken products) must emphatically be noted down on the delivery note under the section “handwritten reservations” and must be accompanied by a Customer signature.
The Customer must at the same time confirm this defect by informing the carrier thereof within two (2) working days from the delivery date by sending a letter by recorded mail with proof of postage, outlining details of various complaints.
If the Customer does not have any reservations, then the product will be delivered and deemed to be to his/her satisfaction, and it may not be subject to any further dispute as such. Under these circumstances, the Customer may not give any reservations, nor make any complaints about the Company or carrier after they have left, even if the package has not been opened in the presence of the latter.
•11.3.2 Delivery and compliance errors
•12 Transfer of risk
The risk of loss or damage to the product is transferred to the Customer at the moment, or at any time when a third party other than the carrier has been appointed by him/her or has taken physical possession. The Customer or the designated third party shall take possession of the delivery, as specified in section 11.2.1.
•13 Product warranties
•13.1 Legal warranty
• Pursuant to Article L.212-3 of the Luxembourg Consumer Code, any provisions specified in the General Conditions of Sale may not deprive the Customer of his/her legal warranty, which requires the professional vendor to safeguard against non-compliance of the product associated with the agreement, as well as against any latent defects of the item which has been sold under the conditions specified in Articles 1641 to 1649 of the Luxembourg Civil Code.
• the Customer will be explicitly informed that the Company is not the manufacturer of
products featured on the Site within the context of the law dated 21st April 1989 in relation to any liability for defective products. In the event where the Company as a professional vendor would be held liable for any damage resulting from a product, pursuant to Article 2, para 2. of the law dated 21st April 1989 in relation to the liability of defective products, the Company reserves the right to name the producer or the manufacturer under warranty of this product.
• All of the provisions specified in Articles L-212-1 to L-219-9 of the Luxembourg Consumer Code relative to a legal warranty shall apply.
•13.2 Commercial warranty
• the conditions and the producer’s contractual warranty periods are:
Please note that the commercial warranty does not cover:
In the event that the malfunction has been caused by a series of elements which are not covered under the commercial warranty, the Company shall be entitled to ask the Customer to settle any costs for transportation and labour according to his/her conditions in force at the time of his/her intervention. The Customer will be informed of the General Conditions of Sale which are in force at that moment in time in advance by an e-mail sent to the address specified when ordering.
•13.3 Return charges
Any return charges associated with validating the commercial warranty and any shipping costs after repair work or the replacement of items shall be borne by the Company.
The Customer will have to package the product carefully after having accepted the warranty claim (activated by telephone or by e-mail).
A partner carrier will handle the package free of charge, and it will only be collected at the delivery address stated in the order (with the exception of any exceptional Company after-sales service agreement).
The Company will endeavour to ship the defective part with the sole purpose of rectifying any malfunction as soon as is possible. No hire equipment shall be provided for replacing a defective product.
•14 Right of withdrawal
•14.1 Definition of right of withdrawal
The Customer has the right to withdraw from the contract by giving a notice period of
fourteen (14) calendar days.
The withdrawal period ends fourteen (14) days after the day on which the Customer, or a third party other than the carrier appointed by him/her, acquires physical possession of the products. In order to exercise the right of withdrawal, the Customer must notify the Company or must send a letter to the following address: L-1885 Luxembourg, 37A, Avenue JF Kennedy, or by sending an e-mail to: email@example.com, giving notification of his/her decision to withdraw by providing a statement devoid of any ambiguity.
The Customer may also use the form provided at the bottom of these General Conditions of Sale. In order to honour the withdrawal period, it will be sufficient for the Customer to submit any correspondence relating to exercising his/her right to withdrawal prior to the withdrawal period expiring, by stating his/her wish to return the product under his/her right of withdrawal, and also by specifying the type of product, the order date, and the date of receipt. The Customer may also attach his/her sales invoice or order form.
•14.1 Impact on using the right of withdrawal
•14.3 Exception to the right of withdrawal
Pursuant to Article L.222-9 (7) of the Luxembourg Consumer Code, any custom products (tarpaulins, blankets, liners,...) manufactured according to Customer specifications, or which have been clearly customised, do not remain subject to a right of withdrawal, and can neither be returned nor exchanged.
• Usage rights
The right to use Company software is granted to the Customer under a non-exclusive, personal, and non-transferrable title in compliance with the law dated 18th April 2001 regarding copyright, related rights and databases.
In any event, the software author retains the right to ownership of his/her work, which the Customer agrees to respect.
•15 Force majeure
Neither party will have breached its contractual obligations, insofar as their fulfilment is delayed, hindered or prevented by an uncontrollable event or an incident of force majeure.
Fortuitous incidents or incidents of force majeure will be considered outside of the Parties, and those which are unpredictable, unpreventable, independent of the will of the Parties, and which cannot be prevented by them despite all reasonable possible efforts having been made.
The party affected by any such circumstances shall notify the other party within ten (10) working days following the date on which he/she has become aware thereof. Both parties will then, within a period of one (1) month, except where this is not possible due to an incident of force majeure, investigate the impact of the event and agree the conditions under which the contract may be continued. Should the incident of force majeure last for more than three months, then these General Conditions of Sale may be terminated by the party which has been affected.
More explicitly, as an incident of force majeure or any unforeseeable circumstances beyond those usually accepted under the jurisprudence of Luxembourg courts and tribunals: obstructing means of transport or supplies, earthquakes, fires, storms, flooding, lightning; shutting down telecommunication networks, or genuine issues with external Customer telecommunication networks.
•16 Independence between General Conditions of Sale conditions.
Even if one or more provisions of these General Conditions of Sale are declared invalid under any law, regulation, or after a final verdict having been returned by a competent court, then the remaining provisions shall retain their full force and scope.
The failure of either of the parties to instigate a breach by the other Party for any of these obligations targeted by these general terms and conditions shall not be construed in the future as a waiver of the obligation in question.
The titles will be deemed to be non-existent in the event of difficulty in interpreting any of the titles specified at the top of the clauses, and any of the actual clauses themselves.
•19 Data protection
The Company remains subject to compliance with the law dated 2nd August 2002 in relation to the protection of individuals concerning the processing of personal information.
The information which is requested from the Customer is required for processing his/her order, and this may be communicated to the Company’s contractual partners acting within the framework of this order.
The Customer may contact the Company to oppose any such communication, or to exercise his/her access rights, or his/her right to rectification with regards to information concerning and included in Company files, and as provided for under law dated 2nd August 2002.
•20 Applicable law
The General Conditions of Sale in French will be executed and interpreted according to Luxembourg law.
In the event of a dispute, the Customer will contact the Company initially in order to seek an amicable solution.
Otherwise, the Customer can make a choice in addition to that from a competent court within the territory under the Code of Civil Procedure, or via the court of the area where he/she is registered at the time the agreement was entered into, or may do so should any damaging event have taken place. Version effective as of **
Cancellation form model
(Please complete and return this form only if you wish to cancel the contract).
– For the attention of INTERNATIONAL POOLS S.à.r.l,
37A Avenue JF Kennedy
Tel. no. *+352 27 33 53 80*
Fax. no. *+352 27 33 53 81*.
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item (*)/for the service (*) indicated below:
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only in the event of this notification being provided in paper form)