General Terms and Conditions of Sale & Legal Notice

 

General terms and conditions of sale

The HydroFLOWHome.com website is published by the BrandUp Group company.
Head Office : 85 Avenue des Vosges
67000 STRASBOURG
RCS STRASBOURG B 811 649 482

Contact - E-mail: contact@hydroflowhome.com

We welcome you to www.hydroflowhome.com ("the Site").

We invite you to read carefully the present general terms and conditions of sale which govern the navigation on this Site as well as our relations if you order Products and services on this Site.

Any order of a Product offered on the Site implies the consultation and express acceptance of the GCS, without however this acceptance being conditioned by a handwritten signature on your part.

In accordance with the applicable legislative and regulatory provisions relating to electronic signatures, it is recalled that the validation of the order form as specified in these Terms and Conditions of Sale constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the due date of the sums due in execution of the said order.

In the context of these GTC, it is agreed that "The following is agreed to You "or" The buyer means the person browsing the Site and/or ordering Products on the Site;" " means the person browsing the Site and/or ordering Products on the Site;" " means the person ordering the Products on the Site. We "or" The seller means the company identified in the legal notices above; Buyer and Seller shall be collectively referred to as the "". Parties "and individually named" Part ».

The Products and services that We offer on the Site are reserved for persons (i) of full age (or minors holding an authorisation from their legal representative allowing them to place an order on the Site) and (ii) having full legal capacity to place orders on the Site. We reserve the right at any time to ask You for proof of identity attesting to your age and/or the authorisation of the aforementioned legal representative. We reserve the right not to respond to an order and/or to exclude from our customer/prospects database a Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.

It is specified that the Products are intended for the personal use of the Buyer, without any direct connection with the Buyer's professional activity. In this respect, the attention of the Buyer is particularly drawn to the fact that the amount of his orders shall not exceed the sum of 3000 (three thousand) euros per order. Furthermore, it is specified that a single Buyer may only order a maximum of 9 (nine) Products of the same reference per order.

Finally, the same Buyer may only place one order per day. In the event of an order exceeding the aforementioned amount and/or the aforementioned number, the order will be considered null and void.

a. Products

The products offered for sale on the Site as well as any ancillary services that may be attached to them (the "..."). Products ") are those appearing on the Site, on the day the Purchaser consults the Site and within the limits of available stocks.

In case of unavailability of a Product, you are informed of this unavailability:

• or, when the order is placed: a message is displayed indicating that the desired Product is temporarily unavailable,
• or, following validation of the order and before delivery, by e-mail.

If the order is validated by the Buyer, he is then informed of the choice available to him, namely (i) to be delivered of a partial order or (ii) to cancel his entire order.

The Buyer then has 48 hours (forty-eight hours) working days (excluding weekends and holidays) from receipt of the information e-mail sent by the Seller to confirm via the procedure proposed by the Seller:

• cancellation of the entire order,
• or the dispatch of the partial order under special delivery conditions specified by the Seller.

After this 48 (forty-eight) hour period, and if no request from the Buyer has been sent to the Seller via the procedure specified by the Seller, the partial order is shipped to the Buyer and delivered to the Buyer at the standard delivery rate indicated in the table under the Article "Price" below. The portion of the price corresponding to the unavailable Products is then refunded to the Buyer within a maximum of fourteen (14) days from the notification of unavailability sent to the Buyer according to the method of payment used by the Buyer.

In the event that the Buyer requests the cancellation of his entire order, the Seller undertakes to reimburse the Buyer for the sums paid by the latter within a maximum period of fourteen (14) days from the date of receipt of its request, depending on the method of payment used by the Buyer.

Photographs and texts illustrating the Products do not fall within the scope of the contract. If these photographs and/or texts are erroneous, the Seller shall not be held liable on this basis.

b. Awards

Prices are indicated in Euros (€) and are valid in all Countries where delivery is authorized by the Seller. They take into account possible reductions as well as the VAT, applicable on the day of the order except for important modifications of the charges and in particular the VAT.

The prices indicated on the Site are guaranteed until the expiry date indicated in the offer and within the limit of available stocks.

The prices indicated do not take into account the costs of processing and delivery, postage and packaging which will be charged in addition and amount per order to the amount indicated below:

SHIPPING OPTION	ORDER PRICE	SHIPPING TIME
Standard	Delivery offered	4 to 5 working days
Premium Express	17.99€ Insurance Included	48 hours worked

It is specified that any promotions granted in the form of discount vouchers are only valid for a single order per household and over a given period of validity and cannot be combined with other discount offers.

The Seller reserves the right to modify its prices at any time, but the Products shall be invoiced on the basis of the prices in force at the time the order is recorded, subject nevertheless to the availability of the said Products.

c. User ratings and comments

You have the opportunity to give your opinion and recommend each Product. You also have the possibility to consult the opinions and recommendations of other Internet users. The opinions and recommendations expressed for each Product correspond to the average of the scores and recommendations of the Internet users who answered each question.

The stars appearing on the Site next to the Products represent the average of the ratings, at a given time, left by people who have expressed themselves on our Site about that Product. They are therefore likely to change every day.

a. Terms and conditions of the order

To enter an order, the Buyer must first log on to the Site.

The Buyer then has the possibility to take note of the various Products offered for sale on the day of consultation of the Site and to choose his Products by (i) navigating in the various categories of Products or (ii) by directly entering the name of the Product in the search engine or (iii) by clicking on one of the pages in the site map present at the bottom of each page, and thus accessing the entire range of Products.

While browsing the Site, the Purchaser wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart.

As soon as this operation has been carried out, the Buyer will see the number of Products in his basket. We draw the Buyer's attention to the fact that the contents of the basket may be subject to an expiry date.

The Buyer may then continue his visit or click on his shopping basket to see the contents of his basket displayed on the screen, including all the elements of the order and in particular the essential characteristics of the Products, the total amount of the order, the invoicing and delivery details, the delivery times, costs and possible delivery restrictions as well as the legal rights and guarantees available to the Buyer.

The Buyer can come back on this order, complete it, modify it, cancel it as long as he has not validated it. If the Purchaser wishes to choose other Products, he can continue his navigation on the Site, being assured that the Product(s) he has just selected is/are well preserved in his shopping cart.

The Buyer has the possibility, at any time during the order process - i.e. until the effective payment of the order under the conditions provided for in these GCS - to come back to this order, complete it, modify it, cancel it and this, as long as he has not definitively validated it.

Once the selection of Products is complete, the Buyer can order them by validating the order via the button provided for this purpose. A new page will then open inviting the Buyer to either :

• fill in his/her login (e-mail address) and password if the Buyer is already registered on the Site,
• Accurately fill out a personal data collection form by filling in the mandatory fields, in particular Last Name, First Name, E-mail Address, Invoice Postal Address, Delivery Postal Address (address to which delivery can be made during business hours from Monday to Friday in France).

The Buyer undertakes to complete in good faith the form made available to him/her. The Buyer acknowledges that the data he communicates to the Seller and which are stored in the information systems of the Seller and/or its subcontractors are accurate and are proof of his identity. The Buyer is reminded that this personal data is governed by the Personal Data Policy.

By validating his or her details, the Buyer is informed of the amount of the delivery charges.

After confirmation, an order summary will include all the information relating to this order, in particular the nature, quantity and price of the Products, the total amount (including transport costs) of the order, the billing and delivery details, the delivery address and the billing address.

After having taken note of the state of his order, the Buyer is invited :

• or to click on the button allowing access to the payment of his order, under the conditions described in these GCS,
• or to click on the button allowing him to modify his basket and/or the information relating to his personal details.

By clicking on the button giving access to the payment of the order, the Buyer must firstly take note of these GCS, then secondly, confirm his agreement to all the GCS by implementing an action of confirmation of acceptance required on the Site (such as, for example, by ticking a box).

As soon as the Buyer confirms his acceptance of the GTC, an Internet page dedicated to the payment of the order opens.

The Buyer must then proceed to the payment of his order under the conditions described in these GCS.

It is specified that by choosing immediate payment by credit card, as provided in Article 4 below, the Purchaser will then be automatically switched to the payment service provider's electronic payment server. The payment service provider's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect all data related to the means of payment as effectively as possible, and that at no time will the Buyer's banking data transit on the Vendor's computer system. Its responsibility is therefore released.

The data recorded by the Seller constitutes proof of all transactions between the Seller and the Buyer.

b. Confirmation of the order

Once the order has been confirmed and payment has been validated according to the terms and conditions set out below, a printable and recordable summary of the Buyer's order will be displayed and will mention the order references.

An order confirmation email is sent as soon as possible by the Seller to the email address provided by the Buyer and includes the following information:

• the identity of the Seller as well as his contact information,
• the reference of the order recorded at the time of placing the order
• the summary of the order and the essential characteristics of the products,
• delivery times, costs and possible delivery restrictions,
• the total amount of the order, all taxes included,
• the legal rights and guarantees available to the Buyer,
• confirmation of payment.

The Seller retains ownership of the Product(s) ordered until full payment of the price and its accessories including shipping costs by the Seller. In the event of a payment incident, the Buyer undertakes to return the products received to the Seller on the first request.

In order to protect the Seller from abusive practices operated by fraudsters, and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, they reserve the right to ask the Buyer (prior to processing the order) for additional documents (in particular proof of address and debit in the Buyer's name, photocopy of the Buyer's identity card, photocopy of the Buyer's bank card) in order to verify the non-fraudulent nature of the order.

In the absence of a response from the Buyer within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be cancelled and the Seller will proceed within fourteen (14) days following the expiration of the aforementioned period to refund the order according to the method of payment used by the Buyer.

c. Proof of order

It is expressly agreed between the Seller and the Buyer that e-mails are authentic between the Parties as well as the automatic registration systems used on the Site, in particular with regard to the nature and date of the order.

The Buyer may access, where appropriate in accordance with the rules of ordinary law, the electronic contract concluded between the Buyer and the Seller. To do so, he shall contact the Customer Service Department, to which he shall provide all the necessary information, in particular the order number and his contact details.

The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the web page dedicated to this purpose and then transmitted by e-mail by the Seller to the Buyer.

The Buyer has the choice during the validation of his order as specified above, between different methods of payment.

Payment can be made immediately by internet via PayPal or by Credit Card (Blue, Visa, Eurocard/Mastercard).

The order is validated by the Seller only after acceptance of the GTC and verification and confirmation of the validity of payment.

In any event, the Seller reserves the right to refuse any order or delivery in the event of (i) exceeding the limits indicated in the "Terms of Purchase" section hereof, (ii) a dispute with the Buyer, (iii) total non-payment of a previous order by the Buyer, (iv) refusal to authorise payment by credit card by the banking organisations or (v) non-payment.

a. Terms and conditions of delivery

Delivery rates are subject to change if you have a particular offer. For all other questions, you can contact customer service at contact@hydroflowhome.com.

Once the order has been prepared, it is sent to the postal address provided by the Buyer when placing the order.

The products are shipped from France.

The Products are delivered by the postal services or by a specialized service provider (as the case may be and/or the delivery options selected) (hereinafter the "Products"). Carrier "»). In the event of the Buyer's absence, the Transmission Provider shall leave a calling card in the Buyer's mailbox. The Purchaser must then contact the Carrier to agree on a new delivery date. It is nevertheless specified that if the Purchaser does not contact the Carrier again, the Carrier shall make two new delivery attempts, the date and time of which shall be determined at the Carrier's discretion.

The Buyer is informed that the package is kept by the Deliveryman for a period of ten (10) days after the first presentation.

Any customs duties claimed in addition in the country of reception are exclusively the responsibility of the customer and are not taken into account in the delivery package displayed on the site at the time of the order, nor in the overall price of the order.

b. Deadlines

Orders paid by credit card are processed within a maximum of three (3) working days.

It is reminded that an order is only dispatched once it has been processed.

Sundays and public holidays are not considered working days.

In any event, the order is executed within a maximum period of thirty (30) days from the day following that on which the Buyer has validated his order, subject to full payment of the price and compliance with the conditions of purchase defined in the article "Conditions of Purchase" of these GCS.

In the event of non-delivery at the end of this period, the Buyer has the possibility of cancelling his order under the conditions set out in the article "Late Delivery" below.

c. Late delivery

If the maximum delivery time of thirty (30) days is exceeded, the Buyer may exercise his right to cancel the order with Customer Service.

As of the exercise of the right of cancellation, the Seller shall refund the totality of the sums paid by the Buyer (including delivery costs), according to the method of payment used, within a maximum period of fourteen (14) days from receipt of the cancellation, to the exclusion of any other compensation.

In case of partial delivery, the delivery can be made in several times, and this right only concerns the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Buyer by e-mail, so that the Seller can have an inquiry made with the Carrier. The Buyer is informed that the time required to carry out a survey is random and may be relatively long, as the Seller has no control over its completion.

If during this investigation the order is found, it is immediately re-routed to the place of delivery designated in the order.

If at the end of this investigation the loss of the order is confirmed, the Seller shall, at its own expense, reship the Product(s) to the Buyer or, in the event of definitive unavailability, reimburse the Buyer for the sums collected to the bank account or Paypal account debited at the time of the order.

d. Reception

Each delivery is deemed to be made as soon as the Product(s) are made available to the Buyer by the Carrier.

It is up to the Buyer to check immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped.

Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be fully and accurately reported by the Buyer on the receipt given by the Carrier when the Products are made available and/or confirmed by registered letter to the Carrier within three (3) days following receipt of the order.

Any such reservation must be notified in parallel and as soon as possible to the Seller's Customer Service Department. A copy of the complaint addressed to the Carrier must be attached.

In accordance with articles L 211-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the order placed by the Buyer and must be held responsible for any defects in conformity existing at the time of delivery.

As such, in order to be in conformity with the contract, the property must:

1° Be fit for the use usually expected of a similar good and, where appropriate :

• correspond to the description given by the Seller and possess the qualities that the Seller has presented to the Buyer in the form of a sample or model;
• present the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labelling ;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the knowledge of the Seller and accepted by the latter.

Likewise, in accordance with article 1641 of the Civil Code, the Seller is bound by the guarantee for hidden defects in the item sold that make it unfit for the use for which it is intended, or that so diminish this use that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.

If the Products delivered are not in conformity with the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an e-mail to the Seller's Customer Service Department to notify it of the non-conformity or hidden defects of its Product(s) as soon as possible. The Seller's Customer Service department will acknowledge receipt of the Buyer's request and confirm the procedure to be followed. Upon receipt of the instructions from the Seller's Customer Service Department, the Buyer shall return the non-conforming or defective Products to the Seller at the following address

HydroFlow Home by BrandUp Group - 85 Avenue des Vosges, 67000 STRASBOURG or by e-mail to contact@hydroflowhome.com. Any claim made after this deadline will be rejected and the Seller will be released from any liability.

The Product(s) must imperatively be (i) returned complete, unused, in its (their) original packaging intact and (ii) accompanied by its (their) original packaging and the return form provided by the Seller's customer service and the invoice.

Moreover, the Seller does not accept parcels sent postage due. Any risk related to the return of the Product(s) is the responsibility of the Buyer.

Upon receipt of the Product(s) presumed to be non-compliant or affected by a latent defect, the Seller shall inspect the Product(s) to determine whether or not the said Product(s) are compliant. Similarly, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the returned Product(s) are indeed original Product(s). It is understood that these checks are carried out as soon as possible and within a maximum period of one (1) month.

If the nonconformity of the Product(s) is confirmed, the Seller will then proceed, at the Buyer's option:

• either to the reimbursement of the Product(s) that is (are) non-conforming or affected by a defect, as well as the shipping costs, to the bank account debited at the time of the order or by sending a bank cheque, within thirty (30) days after receipt of the non-conforming Product(s),
• or to exchange the Product(s) that does (do) not conform or is (are) affected by a defect at the request of the Buyer. The shipment of the Product(s) to the Buyer is made at the expense of the Seller and according to the terms of these GCS.

The Buyer has a period of reflection of fourteen (14) days, from the day of delivery of the order, to return the Product(s) ordered, without having to justify the reasons or pay any penalties, except for the return costs which are at his expense.

The Buyer must fill in the standard withdrawal form for this purpose. downloadable here and send it to the following address by registered mail with acknowledgement of receipt:
HydroFlow Home by BrandUp Group - 85 Avenue des Vosges, 67000 STRASBOURG

Upon receipt, the Seller acknowledges receipt of this request by sending an e-mail or letter.

The Buyer then has a period of 14 days in which to return the goods to HydroFlow Home by BrandUp Group -85 Avenue des Vosges, 67000 STRASBOURG, the complete product(s), unused, in (i) its (their) original packaging intact and (ii) accompanied by (their) original packaging and the return slip and invoice. If the products are not returned within the time limit, the order is deemed final and no refund will be made, except in the cases provided for in these GCS.

The Seller undertakes to reimburse the Buyer for all sums paid. Reimbursement shall be made according to the method of payment used by the Buyer, within a maximum period of fourteen (14) days after the exercise of the right of withdrawal by the Buyer, subject to compliance with the above-mentioned conditions.

The refund of this sum will be deferred until the returned goods are collected.

However, the costs of returning the goods remain the responsibility of the Buyer.

a. Nominative information

The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential and is only used by the Seller or its subcontractors, subject to the same obligations, for the processing of orders placed only and in accordance with the Personal Data Policy accessible.

It is reminded that the Buyer has the right to access, modify, rectify and delete personal information collected about him/her.

To exercise this right, the Buyer may send a message to the Seller's Consumer Service at the following address: contact@hydroflowhome.com.

The Buyer may receive e-mails from the Seller with information about the Seller's products and activities, if the Buyer has given its prior consent. The Buyer retains the right to refuse such communication either a priori by not giving its consent at the time of validation of the order, or a posteriori by expressing its refusal by e-mail.

In the case of an order by phone, the data can be processed in Tunisia for the management of your call (as well as for any other type of call).

b. Cookies

The Site uses cookies. Cookies are computer files, stored on the hard disk of the Buyer's computer.

a. Force majeure

Neither Party shall be liable for the total or partial non-execution of its obligations under this contract, if such non-execution is caused by an event constituting force majeure.

Are considered as cases of force majeure the events meeting the criteria set by the jurisprudence of the Court of Cassation and the legislation.

The Party invoking an event constituting force majeure shall notify the other Party within five (5) working days following the occurrence or threat of such event.

The Parties agree that they must consult each other as soon as possible in order to determine together the terms and conditions for the execution of the order during the period of the force majeure.

Beyond a delay of one (1) month of interruption due to force majeure, the Seller may not honour the order, at its expense to reimburse the Buyer if necessary.

b. Partial invalidity

If one or more stipulations of these GTC are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

c. Entire contract

These GCS and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.

In case of contradiction between these documents, the GTC shall prevail.

d. Amendment of the GTCs

It is specified that the Buyer may save or print these GTC, provided that they are not modified.

The current GTC can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all the pages of the Site.

The Seller may at any time update these GTC. Such an update is subject to prior and specific notification on the Site.

e. Applicable law

These GTC and the contractual relations between the Buyer and the Seller are subject to French law.

Legal Notice