This site is operated by the Company SARL NUANCIER PISCINE with a capital of 10 000 euros whose the headqueaters is at 1 AVENUE DU GENERAL DE LERY- 77410, registered with the Trade and Companies Register of Meaux.
SIREN/SIRET : 520 971 961 00021
RCS 520 971 961 MEAUX
Email : email@example.com
Phone : 01.64.77.55.21 fax : 01.60.36.12.65
Publication Director : Éric DOUZENEL
Logistics : NUANCIER FRANCE- 1 rue du Général de Lery - 77410 Annet sur Marne.
Web : www.frise-piscine.com
Web provider : 1and1
Headquarters: 7, place de la Gare - 57200 SARREGUEMINES Limited responsibility company with a capital of 100 000 euros, registered with the Trade and Companies Register SARREGUEMINES under the numb. 431 303 775
Design and production: This online store was created using PrestaShop software. Go to PrestaShop's e-commerce blog to keep up-to-date with the latest news and advice on the online sale and management of an e-commerce site.
Article 1: Entirety
The present terms and conditions deal with the entirety of the obligations of the parties. In that sense, the buyer accepts without hesitation the entirety of what is stated in these terms and conditions. No general or specific condition stated in the documents sent or given by the buyer can be included in these terms and conditions if those documents are incompatible with the present conditions.
Article 2: Object
The present general terms and conditions aim to define the rights and duties of the parties concerning the online selling of goods and services proposed by frise-piscine.com to the buyer.
Article 3: Contractual documents
The present contract is made of the following contractual documents, presented from the top down by hierarchical order: the present general terms and conditions and the online purchase order. In case of contradiction between the measures contained in documents of different rank, the measures in the highest rank document will prevail.
Article 4: Coming into force – duration
The present general terms and conditions come into force at the date of the online order’s shipment. The present general terms and conditions are concluded for the necessary duration needed to ship the goods and services bought, until the end of the guarantees due by frise-piscine.com.
Article 5: Electronic signature
The "click" of the buyer for the purchase order constitutes an electronic signature that has, between the parties, the same value as a written signature.
Article 6: Order confirmation
The contractual information will be subject to a confirmation by e-mail at the latest upon delivery or at the address indicated by the buyer on the purchase order.
Article 7: Transaction proof
The computerised files, kept in the servers of frise-piscine.com in reasonable safety conditions, will be considered proofs of communications, of orders and of payments made between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as a proof.
Article 8: Products / stock information
8-a: NUANCIER PISCINES presents products for sale on its website with necessary information that allow the potential buyer to know, before the definitive order, the essential caracteristics of the products to buy.
8-b: The offers of frise-piscine.com are subject to availability. frise-piscine.com cannot be held responsible for a product that is not deliverable or out of stock.
8-c: frise-piscine.com reserves the right to modify and replace products according to the catalogues of its suppliers.
8-d: the pictures on the website are not contractual.
Article 9: Price
The prices are in euros and are only valid until the day of the order by the buyer. They do not take into account the shipping prices, separately charged and indicated before validation of the order. Any change to that situation will be automatically reverberated on the prices of the products on the website of NUANCIER PISCINES.
The whole price must be paid upon order and in any case before the expedition of the ordered articles. Never can the sums paid be considered as deposits or down payments.
Article 10: Payment method
To pay the articles, the buyer has a choice among several payment methods proposed on the online purchase order.
The buyer guarantees NUANCIER PISCINES that he has the necessary authorisations tu use the payment method he has chosen when confirming the purchase order. NUANCIER PISCINES reserves the right to adjourn any order or delivery in case of any refusal of authorisation of payment by credit card from officially authorised organisations or in case of non-payment of the order. NUANCIER PISCINES reserves the right to refuse to make a delivery or to proceed with an order from a buyer that has not totally paid the order or with whom a dispute has been engaged. NUANCIER PISCINES created an order control procedure in order to make sure that no one uses the bank details of another person against their will. NUANCIER PISCINES reserves the right to use this procedure in case of a doubt on the legitimacy of the client. As part of this control, the client will be asked to send, by fax to NUANCIER PISCINES a copy of his ID with a proof of address. The order will be confirmed only after the documents are received and checked by our services.
Article 11: Availability of the products
The order will be teasted at the latest in a period of 48 hours from the day after the order was placed. In case the ordered product is unavailable, especially because of our suppliers, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will be able to ask the reimbursement of what he paid in a period of 8 days from the date of payment at the latest or to ask for the exchange of the product.
Article 12: Delivery terms
The goods are delivered at the address provided by the buyer on the purchase order. The buyer commits to check the state of the marchandise received upon delivery. He will inform frise-piscine.com by e-mail of any defect in a period of 24 hours after the delivery.
Article 13: Problems of delivery because of the haulier
Any anomaly concerning the delivery (damage, product missing according to the delivery note, damaged package, broken product…) has to be indicated on the delivery note as "written comments", along with the client’s signature. The buyer will also have to confirm this anomaly by sending the transporter the complaints by recorded letter in a period of 24 hours after the delivery date. The buyer will have to send a copy of this letter to "NUANCIER PISCINES - 1 rue du Général de Lery - 77410 Annet sur Marne".
Article 14: Delivery mistake
14-a: The buyer has to formulate any complaint, delivery or non-compliance mistake of products concerning their nature or their quantity using the indications on the purchase order in a period of 48 hours after the delivery. Any complaint after this period will be ignored. To benefit from the right of return after a delivery mistake, the article will have to be packed, closed and unused.
14-b: This complaint for NUANCIER PISCINES will have to be made only by post.
14-c: Any complaint not made according to the above-mentionned rules and in the given period will not be taken into account and NUANCIER PISCINES will not be responsible towards the consumer.
Article 15: Guarantee of the products
These terms and conditions cannot deprive the buyer of the legal guarantee that protects the professional buyer against all consequences of the sold product.
Article 16: Force majeure
Both parties will respect their contractual obligations if the latter are delayed, or prevented by a fortuitous case or a force majeure. What will be considered as such are irresistible circumstances, beyond the control of the parties, unpredictible, inevitable and that cannot be avoided by the latter, despite all the efforts reasonably possible. The party affected by such circumstances will inform the other in a period of 48 hours after the moment this party has knowledge of the problem. Both parties will then collaborate in a period of 48 hours except in case of impossibility due to a case of force majeure, in order to examine the incidence of the event and to agree on the conditions in which the execution of the contract will be carried on. If the case of force majeure lasts more than 8 days, the present terms and conditions can be cancelled by the prejudiced party. In short, cases of force majeure or fortuitous cases, except those usually considered by case law, are: the blockage of means of transport or of supply, earthquakes, fires, storms, floods, lightning, the stopping of networks of telecommunication or difficulties proper to those networks not linked to clients.
Article 17: Partial non-validation
If one or more stipulations of the present general terms and conditions are considered non-valid or made such by a law, a regulation or following a definitive decision of a jurisdiction, the other stipulations will still be valid and able to come into force.
Article 18: Applicable law
The present general terms and conditions are subject to French law and particularly to the Code des Obligations, which rules the aspects not mentionned by the present general terms and conditions. It is that way for substance and form rules. In case of dispute or complaint, the buyer will address NUANCIER first to obtain an amicable solution. On the other hand and in case of plea, the buyer can submit a complaint to Meaux’s court.
Article 19: Computer technology and Freedom
The information asked to the buyer are necessary to process with the order and can be communicated to the contractual partners of NUANCIER PISCINES intervening in the processing of the order. The buyer can write to NUANCIER to benefit from his rights of access, of rectification concerning the information about himself stored in the files of NUANCIER PISCINES.
The present general terms and conditions are written in English. The buyer confirms having the legal capacity allowing him to engage himself for these general terms and conditions.