GENERAL TERMS AND CONDITIONS
The present website (hereinafter the “site “) is edited by PAVIQUA Company (hereinafter the “editor”), SAS with capital of EUR 10,000 and registered in the Plan d’Orgon Trade and Companies register under NO. B 53855744800023, which headquarters is located at sis 9A Parc d’activité BEL AIR 84300 Les Taillades, FRANCE
The publishing editor who is in charge of the drafting of this site is Mister Paillet Olivier.
www.fluotechnik.com is access free and free of charge for any web users. Its object is the online sale of fluorescent dyes and specials for leak detection; hydrology; industry and even for aquatic decorative purposes.
Placing an order on the present site implies the acceptance by the web user of these general terms and conditions. The web user by placing an order acknowledges having fully read the general terms and conditions and agrees to waive their right to their own conditions. This acceptance will consist in the action of ticking the box corresponding to the following mention: “I acknowledge that I have read and agree the general conditions of sale and use of this site.’
This act of ticking the box shall be deemed to have the same value as a handwritten signature. The web user acknowledges the value of proof of the automatic registering systems of the editor of the present site and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint.
Acceptance of the present general terms and conditions assumes from web users that they are over 18 years old and are legally adults according to the laws in force in their country; that they enjoy such legal capacity or that they are in possession of a mandate if they act on behalf of a legal person.
The products sold on the present site may be dangerous. They should be used according to their operating manual; the safety data sheet and under the responsibility of a legal adult. The products should not be manipulated, in any case, by minors.
The safety data sheets (SDS) published on the site indicate the composition of products, the recommendations of use and in particular the identification of the dangers and measures to take in case of accident as well as recommendations of handling and storage. The safety data sheets must be read before any use of the products and each time they are used. The risks incurred by the use of these products are mentioned on the packaging of the product and the safety data sheet (SDS). By buying the product, clients declare to be fully informed of all risks, even exceptional ones, related to the use of the product purchased and engage in using these products under their own responsibility with due diligence.
3. Terms and conditions of subscription of order and description of the purchasing order
The availability of products is indicated on the site, in the descriptive sheet of each article. The editor reserves the right not to meet a specific order with a client with whom there would be a litigation regarding the payment of a previous order or if the ordered product cannot be sold to a consumer. In order to place the order, web users will be able to select one or many products and add them to their basket. When their order is completed, they will be able to access their basket by clicking on the button provided for that purpose.
By consulting their basket, web users will have the possibility to check the number as well as the characteristics of the products that they have chosen. They will be able to check their unit price as well as the global price of the order. They will have the possibility to opt out one or many products of their basket.
On the summary page of the order, it will be indicated to the attention of web users their right to cancel their order within the applied deadlines.
If, web users are happy with their order, they will be able to click on the button « validate » to confirm it. Following the confirmation of purchase, web users will then access to a form in which they will be able either to enter their login and password to connect if they already have them; or register on the website by filling in the form available with their personal data.
Once they are connected or after they have fully filled in the form; customers will be invited to check or modify their delivery and invoicing details. Then, they will be invited to make their payment while being redirected for this purpose to a secure payment interface.
Once the payment has been effectively received by the editor of the site; the latter commits to acknowledge receipt of the payment to the client through an email within a reasonable time.
Similarly and within the same period of time, the editor commits in sending to the client an email summarizing the order.
In this email the editor will also confirm the processing of the order with a recap of all the information related to the order; products ordered; their delivery as well as the terms and conditions of the period of withdrawal. In compliance with the applicable legislation; professionals do not enjoy any withdrawal rights.
Delivery costs will be, in any case, indicated to the client before any payment and will only apply to deliveries made in metropolitan France, Corsica included. For any other place of delivery, it will be up to the client to get in touch with the customer service.
5. Reservation of title clause
Products sold remain the property of the seller until the full payment of their prices, in compliance with the present reservation of title clause. The risks are transferred to the professional buyer at the moment the products are handed out to the first haulier and to the consumer buyer from the date of delivery.
6. Payment information
The web user can order on the present site and make his/her payment by bank transfer; French cheque denominated in the order of PAVIQUA, PayPal and credit card via PayPal.
In the case of the payment via a cheque or a bank transfer; the delivery deadline defined in the provision below start to run from the date of cashing of the payment by the editor; the latter being able to prove it by all means.
Orders can be paid in advance. Nevertheless, failure to make a payment to the editor by it due date; will lead to the collection of penalties for late payment equal to three times the legal interest rate. These penalties will be payable from the day following the due date of the outstanding debt without prior formal notice.
Orders are delivered by Exapaq or any haulier appointed by the editor, within a period of time between seven to thirty working days from the full payment of the price corresponding to the order.
Some products or some volumes of orders may justify a longer delivery time. In that case this will be expressly notified to the consumer at the moment of the validation of the order. Any delay in delivery dates will not result in any reparations, refusal of products or any cancellation of the orders from the professional client. Nevertheless, if a month after the initially foreseen date for the delivery, it could not take place for any other reasons than force majeure cases or the client’s doing, the cancellation of the order could be required by the latter.
· Delivery error and apparent flaw
The client commits to check the conformity of the product during the delivery. Any errors of delivery with regards to the order or any apparent flaw shall be the subject of a complaint within a period of time of three clear days from the moment of delivery. After this time, the client will not be able to claim any error of delivery or apparent flaw.
· Damage of partial loss
Products are carried at the professional client’s own risks. In case of delivery of a parcel which is obviously and visibly impaired, it is the consumer client’s responsibility to refuse it so as to benefit from the guarantee provided by the transporter. In addition, the client shall inform with no delays the seller for another parcel to be prepared for him and to be sent upon reception of the returned impaired parcel. In such case, the period of delivery indicated above in the present general terms and conditions will not be applicable any more.
Similarly, the consumer client shall refuse any parcel that is incomplete or has impaired objects. As a matter of fact, in compliance with article L 133-3 of the French Commercial Code, the reception of transported objects shuts down any actions for damage or partial loss against the transporter if within the three days, not including bank holidays, following the day of that reception, the recipient has not notified to the transporter with a registered letter, its justified protest. Unless he/she complies with this formality, the client will not be able to receive compensation.
8. Consumer’s rights provisions
· Customer service
The customer service of this present site is available from Monday to Friday from 9 AM to 5 PM and reachable at the following standard-rate number +33 486696372, by email via email@example.com or by mail at the following address: PAVIQUA 9A Parc d’activité BEL AIR 84300 Les Taillades, FRANCE. In the two latter cases, the editor commits in providing a response within two working days.
In compliance with the current legislation, consumers have a seven day period of time from the date of reception of the parcel to seek exchange or refund. In order to avail themselves of this right, they shall send back ( at their own risks and cost) the parcel to the address of the headquarters of the company - PAVIQUA 9A Parc d’activité BEL AIR 84300 Les Taillades, FRANCE – including a letter requesting either exchange or refund of the purchase. The client shall see to send back the product under the conditions that ensure the utmost safety of shipping providers and of any other person coming to handle the parcel.
Any return shall be done fully (package; user manuals; accessories; copy of the invoice) and returned products shall be in perfect condition for resale: they shall not have been soiled or damaged (due to their use). Hence containers unsealed will not be taken back.
In compliance with article L 121-20-2 from the French Code of Consumption, the client claim any revocation rights for order of goods manufactured under the consumer’s specifications or clearly tailor-made or that, due to their specific nature, cannot be shipped again or are likely to get impaired or expire rapidly.
- Delay of delivery
Any delivery delays of more than seven days can lead to the resolution of the sale at the initiative of the consumer by his written request addressed by registered letter with acknowledgement of reception. The consumer will then be refunded the sums he/she engaged when making his/her order. The current provision is not applicable if the delivery delay is caused by a case of force majeure, outside the control of the editor. In such case, the client commits not to initiate a prosecution against the site or the editor and waives to claim the resolution of the foreseen selling with this Article.
9. Warranty of products bought on this site
All products sold on this present site are marketed in compliance with the current legislative provisions and rules in force and have all the required market authorisations. The mandatory displays (Safety Data Sheet etc.) required by legislative provisions and rules in force will be indicated on this present site and in particular in the descriptive sheet of each article.
In case of a product defect bought on this present site, consumer clients have, in compliance with the Civil Code provisions related to the legal warranty of a latent defect, a two year delay from the date of the discovery of the defect of the said product to ask for exchange or refund. And in compliance with Article L211-5 of the Consumption Code, they will have a two year delay from the reception of the said product to ask for its exchange or refund, in the case the delivered good is not consistent in the sense given to this word by the aforementioned Article. In order to exercise these rights, it is the responsibility of the client to contact the customer service of this present site and to provide evidence of the defect or its non-compliance.
The latent defect being a flaw of the good that, under normal conditions of use, rendering it unfit for its intended use and the obligation of compliance is understood as the delivery of the good that was contractually agreed, the editor of the site is particularly not responsible of the non-compliance of the conditions of use of products or the Safety Data Sheets, of the poor storage conditions provided by the client, of the accidental damages or the ones resulting from abnormal use of the products. In compliance with the legislation in force, the editor excludes any warranty towards professionals by means of the latent defects warranty.
10. Private account
· Personal space creation
The creation of a personal space is an absolute prerequisite for any web users’ order on this present site. To this end, the web user will be invited to provide a number of personal information. The member commits to provide accurate information under penalty of cancellation of the contract on the editor’s initiative and suppression of its client account. Some information will we deemed compulsory to the conclusion of the contract and their collection will be indispensable for the creation of the private account area and the validation of the conclusion of the contract. Refusal by a member to provide the said information will result in the prevention of the creation of the private account as well as, incidentally, the validation of the order.
This exclusion is not exclusive of the possibility, for the editor, to take legal action against the member when justified by the facts.
When creating a personal space, the web user is invited to choose a password. This password forms the guarantee of confidentiality of the information indicated under the heading “my account”. It is forbidden for the web user to share this password with a third party. Failing to abide by these provisions, the site shall not be liable for unauthorised access to a member’s account.
11. Provisions related to the French Law of 6 January 1978 “Loi Informatique et Libertés”
· General considerations – Purpose – Duration
Web users have the free capacity to provide their personal information. The provision of personal information is not indispensable for the navigation on the site. By contrast, registration on the present site implies the collection, by the editor, of a certain number of personal information related to web users. Web users who do not want to provide the necessary information for the creation of a personal space will not be able to place an order on this site.
Data collected will be necessary for the good administration of the services offered on the present site as well as the editor’s compliance with the contractual obligations. These data are kept by the editor in that sole capacity and the editor commits not to use them in another framework either to transmit them to a third-party unless the user has expressly agreed to this or in cases specified by law.
The details of all users registered on the present site will be saved for a maximum duration of six months from the suppression of the member account, reasonable duration for the good administration of the site and a normal use of the data. These data are kept under secured conditions, according to the actual technological means, and in accordance with the provisions of the French Law of 6 January 1978 “Loi Informatique et Libertés”.
· Access right – Rectification – Suppression
In accordance with the latter, they have a right to object, to question, to access and to rectify the data they have provided. To this end, they need to address the request to the editor of the present site using the following email address: firstname.lastname@example.org, or by mail using the address of the headquarters indicated at the beginning of the present general terms and conditions. The collected personal data is handled by computer processing and are exclusively reserved to the editor’s site. The person in charge of the data processing is Mrs Paillet Audrey.
The collected personal data are not subject to any transfer abroad.
In addition, the editor reserves the right to collect the public IP addresses (Internet Protocol) of all web users. The collection of this IP address will be done anonymously; it will be kept for the same duration as the personal data with the sole aim to allow for the good administration of the services offered on the present site. The IP Address relates to a series of numbers separated by dots allowing for the unique identification of a computer on the Internet network.
12. Cookies collection provisions
· General considerations – Purpose – Duration
In order to provide an optimum browsing on the present site as well as a better functioning of the various interfaces and applications, the editor may proceed to the setting up of a cookie on the user’s computer terminal. This cookie allows to store information related to browsing on the site (date, page, hours), as well as the possible data entered by web users during their visit (search, login, email, password). These cookies are to be kept on the computer terminal of the web user for a varying duration going up to one month and may be read and used by the editor during a web user’s visit of the present site at a later stage.
· Right to object the setting up of the cookie
The user has the possibility to block, modify the length of data storage, or suppress that cookie via its browser (usually: tools or options / Confidentiality). In such a case, browsing on the present site will not be optimum. If the systematic deactivation of cookies on the web user’s browser prevents him/her to use some services or functionalities provided by the editor, such malfunction shall not, under any circumstances, constitute damage for the member who may not claim any compensation for it.
· Cookies’ suppression
Web users also have the possibility to suppress cookies previously accumulated on their computer by going on their browser’s menu provided for that purpose (usually: tools or options / confidentiality). Such action has no consequences on the browsing on the present site but results in the loss of all the advantages brought by the cookie. In that case, they will have to indicate once again all their details.
13. Exemption of the editor’s responsibility within the framework of the implementation of present contract
In case of inability to access the site, because of technical issues or of any other nature, the client may not claim damage and shall not claim compensation or damage. The editor shall not, under any circumstance, be liable for the non-enforcement of the present terms or the ill enforcement of the terms that could be directly or indirectly attributable to the client’s face or to a case of force majeure with the meaning given by the jurisdictions of French Law. Unavailability, even a prolonged one and without any limitative duration, of one or various products, cannot be considered as a prejudice for the web users and cannot in any case, give rise to compensation on the part of the site or its editor.
Visual representations of products, published on the present site, are guaranteed by the editor as reflecting closely reality so as to meet to obligation of full information. Nevertheless, at the present level of technology, the picture rendering in terms of colours and forms may distinctly vary from a computer station to another or differ from reality according to the quality of the graphic accessories, the screen or the display resolution. These variations and differences may not be attributed to the editor who, in any case, may not be held accountable for such it.
Products sold on the present site being marketed in compliance with the legal provisions and rules in force in France, the editor may not be held accountable for the non-respect of these legal provisions and rules in force in other countries. The products that need to be used in compliance with their instructions for use and after having read the Safety Data Sheet, will be under the client’s responsibility (or the user’s) who will be accountable for all consequences (injury, pollution etc.).
In case of failure attributable to the editor for the enforcement of these terms and conditions, his responsibility will be limited to direct material damages caused by a professional client except immaterial or indirect damages such as an operating loss, profits’ loss, opportunities’ loo, commercial loss or a shortfall. The editor’s responsibility will be, in theory, limited to the order’s amount. The editor excludes any guarantee for property damages which are not used by the victim primarily for its personal use or consumption.
Hypertext links on the present site may refer to other websites and the editor’s responsibility of the present site shall not be engaged if the content of these websites infringes the legislations in force. Similarly, the editor’s responsibility (of the present site) shall not be engaged if visiting one of these sites would cause a damage to the web user.
For the purposes of the present condition, are recorded the following article 1382, 1383 and 1384 indent 1 of the French Civil Code.
Any act of a person, which causes damage to another, obliges him/her by whose fault the damage occurred to repair it"
Everyone shall be liable for damage he/she has caused not only through his/her own act but also through his/her failure to act or his/her negligence.
A person is liable not only for the damage he/she causes by his/her own acts, but also for that which is factually caused by the persons for whom he/she must answer or by the things that he/she has under his/her custody"
15. Intellectual property rights linked to the elements published on the present site
All the components of the present site belong to the editor and are protected by intellectual property rights.
Web users recognise in consequence that without authorisation, any partial or total copy and any dissemination or operational use of these components, even modified, may give place to legal proceedings against them by the editor or his beneficiaries.
This protection covers all of the textual and graphic contexts of the site but also its structure, its name and its corporate design.
The Security Data Sheets are also protected by intellectual property rights.
16. Changes in the general terms and conditions
The present general terms and conditions may be modified at any time by the editor of the site or his authorised representative. The terms and conditions applying to the web user are those in force on the day of his/her order. Obviously the editor commits to keep all of the former general terms and conditions and provide them to any web user who would request them.
17. Governing law and competent courts
The present general terms and conditions are subject to the application of French Law and of exclusive competence of the French jurisdictions. The contractual language is French. In the event of litigation with a professional client, the exclusive competence shall be granted to the Avignon’s court.
18. Amicable settlements of disputes
Prevented any public policy provisions, any disputes that could happen within the framework of the execution of the present general terms and conditions may prior to any legal actions, be submitted to the editor with a view to an amicable settlement. It is expressly reminded that requests of amicable settlements do not suspend the time limits allowed for instituting legal proceedings.
If one of the provisions of the present general terms and conditions were to be declared void by a court decision, such invalidity shall not entail the nullity of all other clauses, which continue to produce their effect.
20. No Waiver
The editor’s failure to claim any provisions temporarily or permanently of the present general terms and conditions may not constitute, in any case, a waiver to claim the rest of the general terms and conditions.
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