Terms of Sales

ARTICLE 1 : SCOPE

The company AQUATECH66 SAS, whose head office is located at 15 RUE CAMILLE ALIES 66200 ELNE (hereinafter, “AQUATECH66”), registered with the RCS of Perpignan under SIRET number 98224724900013 and whose VAT number is FR02982247249, publishes and operates the following websites selling products online to individuals (hereinafter, depending on the case, the “Site” or “Sites concerned”): Aquanautique.com, Aquatech66.fr, Aquabase.store, , radeaudesurvie.com, , Nautique-prive.com & Confort-Nautique.com

These general conditions of sale (hereinafter “CGV”) govern the contractual relations applicable between AQUATECH66 and any non-professional (individual) buyer (hereinafter, the “Customer”) for any remote order of products carried out on the one of the Sites designated above (hereinafter, “Order” as this term is specified in article 5 of the General Terms and Conditions). AQUATECH66 and the Client are hereinafter referred to as the “Party” or “Parties” as the case may be.

Any Order placed on one of the Sites is governed exclusively by the General Terms and Conditions. Before validating an Order, the Customer must read the T&Cs and check the corresponding box by which he expressly acknowledges having read and accepted the T&Cs. The General Terms and Conditions are dated. AQUATECH66 reserves the right to modify them at any time. The version applicable to the Order is that online on the date the Order is placed by the Customer.

ARTICLE 2 : PRODUCT FEATURES

The products offered for sale by AQUATECH66 are those presented and described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks (hereinafter the “Products”). The characteristics of the Products offered for sale are presented in the Product sheets accessible on the Site. In accordance with article L111-1 of the Consumer Code, the Customer can, prior to his Order, read on the Site the essential characteristics of the Products he wishes to Order.

The illustrative photos included in the Product sheets, which are given as an example, may differ from the Product ordered (in particular in terms of size, color, model or any other specific attribute) and are, therefore, non-contractual.
AQUATECH66 takes the greatest care in the presentation and description of the Products on the Site. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
AQUATECH66 may modify at any time the assortment of Products offered for sale on its Site according to the constraints imposed by its suppliers, without prejudice to Orders placed by the Customer.

ARTICLE 3 : PRODUCT AVAILABILITY

3.1. Inventory management.

On the Site, AQUATECH66 offers for sale Products available “IN STOCK” or “AVAILABLE WITHIN X DAYS” or even “SHIPPABLE WITHIN X DAYS” depending on our suppliers. The Customer is informed for information purposes of Product availability on the relevant Product sheets, and at the time of placing the Order.
This information comes directly from AQUATECH66 suppliers, errors or modifications may occur.
AQUATECH66 reserves the right to limit the number of Orders per account for the same Product.

3.2. Product unavailability.

Upon receipt of the Order, AQUATECH66 checks the availability of the Product(s) ordered. In the event that an ordered Product is no longer available after the date of the Order, AQUATECH66 will notify the Customer by email as soon as the information of unavailability has been transmitted to it by its supplier. In this case, AQUATECH66 can either offer a similar Product available in its stock at a similar price to the Customer, or reimburse the Customer in the event of failure of the supplier(s).

In the event of an exceptional temporary out of stock on one of the Products in the Order, AQUATECH66 may, after informing the Customer, ship the available Products first and then the rest in a second step. No compensation (apart from full reimbursement of the Order) will be due to the Customer in the event of unavailability of the Products discovered after the date of the Order.

3.3. Pre-order.

Pre-ordering gives the Customer the opportunity to purchase and therefore reserve a Product in advance. The Customer can thus have the Product as soon as it becomes available.
AQUATECH66 suppliers may at any time modify the availability date of a Product offered for pre-order.
Products offered for pre-order are shipped automatically upon receipt. AQUATECH66 will inform the Customer by email as soon as their Order is sent.
If the Customer orders other items at the same time as items offered for pre-order, all items will be delivered on the same date.

ARTICLE 4 : USER AREA

4.1. Creation User space To place an order, the user must create an account or continue purchasing. The user will have to provide several personal information before being able to validate their Order. When the user wishes to create an account, his refusal to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the Order.

4.1. Functioning.

If the user has created an account, his user space will allow him to consult the history of his Orders placed on the Site, and to follow the delivery of the Products ordered.

4.2. Password.

If the user chooses to create an account, they will be prompted to create a password. This password guarantees the confidentiality of the information contained in their account and the user undertakes to keep it secret and not to transmit or communicate it to any third party. Any connection to the user's user space using their identifiers is deemed to have been made by the user themselves. Failing that,AQUATECH66 cannot be held responsible for unauthorized access to a user's account. In the event of fraudulent use by a third party of their username and password, the user must notify them immediately.AQUATECH66 using the contact page. The user remains solely responsible for the use made of his account by a third party as long as he has not expressly notifiedAQUATECH66 the loss, fraudulent use or disclosure of your password to a third party.

ARTICLE 5 : ORDER TERMS

The Customer can order the Products remotely via the internet directly via the Sites concerned.

5.1. Validation of his Order by the Customer on the Site.

Any Order placed on the Site by the Customer involves the following steps:
Adding the Products to the cart.
Entering contact details and invoicing and delivery terms.
Order summary. At this stage, the Customer has the possibility to check the details of his Order, the total price and to correct any errors before validating his Order.
Validation of the Order by the Customer. Any validation of an Order implies acceptance by the Customer of the General Terms and Conditions, the Products purchased, their price as well as the associated costs.
Payment of the Order using the payment method selected by the Customer.

An Order will be considered valid when all these steps have been completed.
The Customer must verify the completeness and conformity of the information he provides to AQUATECH66. In the event of an error on the shipping address, the shipping costs for a new shipment will be the responsibility of the Customer. AQUATECH66 recommends that the Customer keep a paper or reliable electronic record of the data relating to their Order.

5.2. Order Confirmation by AQUATECH66.

AQUATECH66 will acknowledge electronic receipt of the Customer’s Order without undue delay.
The Customer is informed that certain Orders must be checked by the verification service. In this case, the Customer will be notified by email of the supporting documents to be sent in order to obtain final validation of their Order. AQUATECH66 reserves the right to cancel the Order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.
The Order, the Order confirmation and the acknowledgment of receipt of the Order are considered received by each Party when the Party to which they are addressed can have access to them.

5.3. Refusal to process an Order.

AQUATECH66 reserves the right to refuse or cancel an Order from a Customer in the following cases:
The Customer has not fully or partially paid for a previous Order, or
The Customer has a payment dispute currently being administered, or
The Customer has not complied with the General Terms and Conditions, or there is suspicion of fraud.

5.4. Tracking control.

Order and delivery tracking is available in the customer area on the Site. The Customer can follow the status of his Order throughout its processing as follows:
Log in to your account on the Site.
View the status of your Order in your order history.
If the Order has been shipped, you will see an Order tracking number appear.
Click on the number to go to the carrier's website and continue tracking your Order.
Customers who have placed an Order without creating a user account will not be able to access the tracking of their Order on the Site.

ARTICLE 6 : PRICES AND PAYMENT TERMS

6.1. General.

The prices are indicated on each Product sheet on the Site. The Customer must read it before placing an Order. AQUATECH66 reserves the right to modify its prices at any time but undertakes to apply the prices in force which will have been indicated to the Customer at the time of their Order, subject to availability on that date.
Prices are in Euros, VAT included, but excluding delivery costs, customs and other taxes. Prices displayed in currencies other than the Euro are for informational purposes only.
An invoice will be sent to the Customer when their Order is sent.

In the event of delivery outside the European Union and outside mainland France, the Customer is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of AQUATECH66 and will in any event be the responsibility of the Customer. It is therefore the responsibility of the latter to verify all this data as well as the possibilities of importing the Product with the competent authorities of the country of delivery, before any Order on the Site.

The shopping cart will automatically calculate whether or not the delivery country is subject to French VAT. AQUATECH66 can also ship to France including tax and provide a tax refund slip (subsequent VAT refund) for people residing outside the European Union (overseas departments, Monaco are excluded).
Security: The Customer's credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. The Site does not under any circumstances retain these bank details after the transaction.
Anti-fraud controls: AQUATECH66, in collaboration with 3D SECURE, controls all Orders placed on the Site for the purposes of protection against abusive practices carried out by fraudsters. As part of these procedures, AQUATECH66 may be required to ask the Customer for all the documents necessary to release their Order (example: proof of address and debit). These requests are made by email. The information provided in the Purchase Order is subject to automated data processing, the data controller of which is 3D Secure.

6.2. Payment by credit card in 1 installment.

To pay by bank card in one go, the Customer must indicate the number, expiry date and control number of their bank card. Authorization servers are consulted in order to verify this data and avoid abuse and fraud. No Customer data passes unencrypted on the sites ofAQUATECH66. .
Payment by credit card is made through secure transactions by AQUATECH66 service providers.

6.3. Payment by bank transfer.

The Customer can pay by transfer with no minimum purchase. An Order form containing the details of the Order, the Order number and the bank identity statement of AQUATECH66 is sent to the Customer by email. The Customer must indicate his Order number when making the transfer.

In the event of payment by transfer, the Order is reserved for 5 days after validation of the Order by the Customer. If after the 5 day period AQUATECH66 has not received the transfer from the Customer, the Order will be automatically canceled and the Customer will be informed by email. Orders paid by transfer will only be processed upon receipt of the transfer and after validation by AQUATECH66. Any applicable transfer fees remain the responsibility of the Customer. AQUATECH66 cannot guarantee the availability of Products paid for by transfer.

6.4. Payment by PayPal.

AQUATECH66 is not able to automate the monitoring of payments by PayPal. Processing an Order paid by Paypal may in some cases take an additional 24 hours.

ARTICLE 7 : PROMOTIONS, PROMO CODES AND VOUCHERS

Most current promotional offers on the Sites concerned are applied directly to the original price of the Products and immediately visible in the Customer's basket. Other promotions are based on a promotional code which is specified on the Site concerned or by email sent to the Customer. The Customer must enter this code when validating their basket in the “Promo code” box intended for this purpose. The reduction or the Product offered will then be applied automatically. If the code does not work, this means that it has expired or that the section and/or brand of the Product chosen by the Customer are excluded from the operation.

Vouchers have a limited validity period. The Customer can find their vouchers at any time in their personal space on the Site, with their amount and their validity date.
Each voucher is for single use, however a reduction code can be for single use if it is issued by name for a particular customer or be for multiple use because it is intended for several customers and/or during promotional operations specific.

ARTICLE 8 : EXPORT AND SALE EXCL. VAT

8.1. Delivery to France and the European Union with tax relief.

According to the tax law in force, the tax refund applies to travelers habitually residing in a non-member state of the European Union or in a third state. VAT can be deducted from the price of goods purchased in France in the same store, on the same day and must be greater than 175 euros. The Customer's purchases delivered within the customs territory of the EU subject to VAT are invoiced including VAT.

The following 4 conditions are necessary to be eligible for VAT reimbursement:
Have their habitual residence in a non-member state of the European Union or in a third country (the billing address must be the address of residence abroad).
Make a purchase over €175 including tax (excluding shipping and service costs)
Get delivered to France.
Leave the European Union via a customs office (the passage through France must have lasted less than 6 months).

Countries outside mainland France (Guyana, Martinique, Guadeloupe, Réunion, Mayotte, etc.) are excluded from the tax refund slip system.
Customs may cancel a tax refund slip at any time if one of these conditions is not met. In this caseAQUATECH66 will not be able to make a refund.

8.2. International sales and shipping.

Invoicing will be excluding tax in DAP. The billing and delivery address MUST be in a country outside the European Union or in an overseas territory.

ARTICLE 9 : DELIVERY TERMS

The Products are delivered to the address indicated by the Customer when placing the Order. The Customer will be notified by email of the dispatch of their Order.

9.1. Delivery to mainland France and Corsica.

Shipping costs: Shipping costs will be calculated automatically in the basket and depend on the Products ordered and the carrier selected.
Preparation and processing times for Products for shipment by AQUATECH66: All Express Delivery Orders with items in stock are shipped in principle within 24 working hours from validation of the Order. Delivery times for Products by carriers: The Customer chooses their delivery method when validating the Order. With regard to large Products, the mode of transport (postal circuit or independent carrier) is automatically determined based on the weight, volume and value of the Products ordered.

Orders are delivered within a maximum period of 20 working days from the date of shipment of the Products, unless mention of a longer period expressly made known to the Customer when placing the Order and/or on the data sheets. Products. This 20-day period may exceptionally be increased by 10 working days in the event of a large volume of Orders, particularly during sales periods and during the end-of-year holidays.

The Customer will be informed of the progress of the transport of their Order directly by the carrier (via email or text message) and will also be able to consult the tracking of their Order on the Site via their user space. For more information, the Customer can refer to the website of the carrier concerned.

9.2. Delivery outside mainland France and internationally.

Delivery conditions for bulky products and associated costs may differ depending on the area (for example overseas military bases) or the country of destination.
Thus, AQUATECH66 cannot deliver Orders to bases or other premises of the Armed Forces outside mainland France.
Outside mainland France, certain bulky Products cannot be purchased directly on the Sites. In this case and for any shipment outside mainland France, the Customer can send a quote request to AQUATECH66, which will be responsible for finding the most suitable and least expensive means of transport to send the Order as quickly as possible.

Transport costs are calculated automatically (based on the weight or volume of the package) at the basket stage when the Customer selects their country of delivery. If the Customer benefits from tax-free billing, the basket will automatically take this into account except for certain bulky Products.
If the Order is destined for countries outside mainland France, outside the EEC or outside the European tax zone (Canary Islands, Malta), AQUATECH66 informs the Customer that:
- Invoicing of the Order will not be subject to French VAT;
- The Order may be subject to import duties and taxes which will be applied upon delivery. AQUATECH66 has no control over these charges and cannot predict their amount. Payment of these import duties and taxes is the responsibility of the Customer. The Customer can contact the local customs office for more information before placing the Order;
- AQUATECH66 cannot be held responsible if the Customer does not pay these import duties or taxes; in such a case, the package may be returned to the premises of AQUATECH66 or destroyed;
- The Customer must comply with all laws and regulations in force in the country of destination of the Products. AQUATECH66 cannot be held responsible if the Customer violates these laws;
- If the Customer returns Products from an address outside mainland France or outside the European taxable zone (Canary Islands, Malta), he must check that it is clearly written on the package “Return to supplier” or a similar expression.

9.3. Receipt of the Products by the Customer and delivery problems caused by the carrier.

Upon receipt of his Order, the Customer must check the conformity of the Products delivered before signing the carrier's delivery note.

Any anomaly concerning delivery (damage, Product missing from the delivery note, damaged packages, broken Products, cardboard repackaged by the carrier using its own tape, etc.) must be indicated on the delivery note in the form of “reservations handwritten” accompanied by the Client’s signature. The Customer is responsible for the correct drafting of these reservations which condition the opening of the dispute and the reimbursement. Any complaint not following this procedure will be rejected.
AQUATECH66 may request a sworn declaration concerning a transport problem (in particular an undelivered item). This document must be accompanied by a copy of the identity card.

The Customer must also report anomalies by registered mail and confirm his reservations to the carrier no later than 3 working days following receipt of the item(s). In the case of a shipment made by La Poste, if the package arrives open or damaged, it is essential that the Customer has a “spoliation report” established by the delivery person (report 170) so that AQUATECH66 can open a investigation and compensation procedure. The Customer must simultaneously send a copy of this letter (with the original of the “spoliation report” if applicable) by simple mail to the AQUATECH66 Customer Dispute Department (see our contact details in article 17).
If the Products require a return, they must be the subject of a return request to AQUATECH66 Customer Service within 7 days of delivery. Any complaint made outside this deadline cannot be accepted.

9.4. Late delivery.

In the event of a delivery delay of more than three days from the date indicated in the shipping email, the Customer must check with the carrier that the package is not pending, then, if necessary, report this delay to AQUATECH66 by telephone or email. AQUATECH66 will then contact the carrier to start an investigation.

ARTICLE 10 : RIGHT OF WITHDRAWAL, RETURN AND REFUND

10.1. Deadline and terms for exercising the right of withdrawal.

In accordance with article L221-18 of the Consumer Code, the consumer has a period of 14 days from the day after the delivery date of his Order to return any Product that does not suit him, without having to specify the reason, and request reimbursement without penalty. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple pieces whose delivery is spread over a defined period, the withdrawal period runs from receipt of the last Product or batch or the last part.
After this period of 14 days, AQUATECH66 reserves the right to take back one or more items on a commercial basis at a price identical to or lower than the initial purchase price.

Any request for withdrawal must be notified in writing to AQUATECH66. To do this, the Customer can complete the return form on the Site.
In this case, AQUATECH66 will immediately send the Customer an acknowledgment of receipt of the withdrawal by email.
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following Products:
- Products containing audio or video recordings or computer software if they have been unsealed by the Customer after delivery (CD, DVD, navigation SD cards)
- Products made according to the Customer's specifications or clearly personalized (rope)
- Opened and non-returnable products for reasons of hygiene or health protection
- Products which, after having been delivered and due to their nature, are mixed inseparably with other goods of the Customer
- Products whose price depends on fluctuations on the financial market beyond the control of AQUATECH66 and likely to occur during the withdrawal period.

10.2. Conditions for returning Products within the framework of the right of withdrawal.

If the Customer exercises his right of withdrawal, he must return the Product no later than 14 days following communication of his decision to withdraw to AQUATECH66. The Customer must return the Product(s) concerned to the AQUATECH66 Returns Department.
The Products must be returned in their packaging and in their original condition, accompanied by all their accessories and instructions and unused. Any Product which has been damaged, incomplete, or whose original packaging has been damaged cannot be refunded. The Customer's liability is only incurred with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this good.

Return costs are the responsibility of the Customer. Products returned carriage collect or cash on delivery will be systematically refused by AQUATECH66 and returned to their sender. To return so-called “oversized” Products, the Customer may use their own means or use the service of a carrier. The Customer is informed that for Products with a length of more than 1.50 meters and/or a weight of more than 15kg (such as SUP boards, surf boards, paddles or others), the shipping costs Returns may cost more than €80 depending on the carrier chosen.

AQUATECH66 recommends choosing an insured mode of transport (carrier, or registered with acknowledgment of receipt). Any loss or damage or any delay of return packages remains the responsibility of the Customer until receipt of the return package by AQUATECH66.

10.3. Reimbursement, credit and exchange within the framework of the right of withdrawal.

As part of the exercise of his right of withdrawal and in accordance with the provisions of article L. 221-24 of the Consumer Code, the Customer may request a refund of the Product.
Reimbursement: AQUATECH66 will reimburse the Customer for all amounts actually paid for the Product(s) concerned, including the delivery costs of the order. The reimbursement of delivery costs for the Order will be based on the cost of the least expensive standard delivery offered on the Site regardless of the amount of delivery costs paid during the Order. The difference in cost between standard delivery and another non-standard delivery method which would have been chosen by the Customer when placing the Order (example: express delivery) will therefore remain the responsibility of the Customer.

AQUATECH66 will reimburse the Customer no later than 14 days from the date on which it is informed of the Customer's decision to withdraw. AQUATECH66 may, however, defer reimbursement until recovery of the returned Product(s) or until the Customer has provided proof of shipment of the Product, the date chosen being that of the first of these events. AQUATECH66 makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless otherwise agreed by the Customer. If this payment method has expired, the Customer must contact AQUATECH66 to modify the reimbursement method.

Good buy : The refund of an Order paid with a voucher, a gift card or a credit will automatically be made as a credit. The credit will be valid for 1 year and its amount cannot under any circumstances be refunded if the validity period expires.

Product Exchange: AQUATECH66 does not accept exchange requests. If the Customer wishes to exchange the Product, he must first exercise his right of withdrawal and return the Product if it has been received then place the Order again.

10.4. Repayment Terms.

Once the package is delivered to us, it will be processed within 2 to 4 days (an e-mail will be sent to you as soon as the package is being processed).
We will refund the products to you at their purchase price, including shipping costs.