ARTICLE 1 - GENERAL
The general conditions of sale described below define and delimit the rights and obligations of the parties in the context of the sale of products on the website shop.lhydroptere.com (hereinafter referred to as “the Website) by the company L HYDROPTERE 2.0 (hereinafter referred to as “the seller” or “L’HYDROPTERE 2.0”). L'HYDROPTERE 2.0 carries out a distance selling activity for clothing, accessories and models. Purchasers of the Website declare that they have read these general conditions of sale prior to placing any order. If applicable, the buyer downloads the general conditions of sale. By validating his order, the buyer adheres to and accepts without reservation these general conditions of sale. All products offered by shop.lhydroptere.com on its Website are hereinafter referred to as “the product”. Any order placed on the Website is governed by these conditions.
ARTICLE 2 - THE COMPANY
L'HYDROPTERE 2.0 is a SAS created in April 2021 with a share capital of €10,000 and registered in the Nantes (France) Trade and Companies Register (RCS) under number 898 362 900.
VAT NO.: FR69898362900
Registered office: TECHNOCAMPUS COMPOSITES, ALL DU CHAFFAULT, 44340 BOUGUENAIS
Publication manager: Gabriel Terrasse - serviceclient@lhydroptere.com
The publication manager is an individual or a legal entity.
Webmaster: Antonin Verdon - serviceclient@lhydroptere.com
Host : OVH
SAS with capital of €10,174,560 RCS Lille Métropole 424 761 419 00045 Code APE 2620Z N° TVA : FR 22 424 761 419 Siège social : 2 rue Kellermann - 59100 Roubaix - France OVH SAS is a subsidiary of OVH Groupe SA, a company registered with the RCS of Lille under number 537 407 926 at 2, rue Kellermann, 59100 Roubaix.
Data protection delegate: serviceclient@lhydroptere.com
Customer relations contact details:
Our advisors are available Monday to Friday, 9:30am to 12:00pm and 2:30pm to 6:00pm.
- E-mail: serviceclient@shop.lhydroptere.com
ARTICLE 3 - ORDER TERMS AND PRICES
3.1. Orders are placed on the Website at shop.lhydroptere.com.
3.2. All orders are made according to the following methods:
The buyer consults before placing any order:
- These downloadable general conditions of sale mentioning information relating to the identity, postal, telephone and electronic contact details of L'HYDROPTERE 2.0 and its activity,
- the product description sheet summarizing the essential characteristics of the good; The price, the date or the deadline at which L'HYDROPTERE 2.0 undertakes to deliver the goods etc.
If necessary, the buyer downloads the product sheet.
The buyer places the products of his choice in his “basket”, indicating the desired quantity. By clicking on the “order” button, the buyer checks the details of their order, and in particular:
- the products put in the “basket”;
- payment method ;
-the delivery date and time;
- delivery terms and costs;
- transportation costs ;
- the total price, all taxes included, of the products placed in your basket.
The buyer possibly modifies the content of his order by adding or removing one or more products from his “basket”. After confirming the content of his order, the buyer definitively validates his order by payment. The seller systematically confirms each buyer's order, then its shipment, by email. The order is final upon payment of the price or, in the case of installment payment, upon receipt of the first deposit.
3.3. The price including taxes of each product is indicated in the corresponding product sheet. The delivery date and time, transport and delivery costs of the products are indicated to the buyer before the final validation of their order. L'HYDROPTERE 2.0 will apply the provisions provided for by the general tax code relating to VAT for deliveries of goods outside mainland France. Prices are subject to change at any time but L'HYDROPTERE 2.0 undertakes to apply the current prices which will have been indicated on the site at the time of the order.
3.4. The buyer completes the identification form online on which he indicates all the contact details necessary for his identification and delivery of the good. When placing a subsequent order, the buyer will be able to access their account and modify or complete the information indicated. The buyer validates their billing address and the delivery address of the order. The information and information communicated by the buyer when ordering is binding on the buyer.
In the event of an error or omission by the buyer, L'HYDROPTERE 2.0 cannot be held responsible for failure to deliver the order to the correct address. In this case, all costs incurred by L'HYDROPTERE 2.0 for returning the product to the warehouse and reshipping the order will be entirely the responsibility of the buyer.
ARTICLE 4 - PAYMENT
4.1. The price is due in full from the date of confirmation of the order.
In the event of payment spread over three months, the sums paid from the order until payment of the balance of the price are considered as a deposit.
4.2. The buyer can pay for their order on the Website according to the following terms:
- By credit card directly on the Website;
4.3. The price of the order will be debited according to the following terms:
Payment is debited immediately upon ordering by credit card, bank transfer and PayPal transfer.
Payment is debited immediately according to the following terms:
4.4. The buyer declares and guarantees that he is fully authorized to use the payment card, bank account or Paypal account for the payment of his order and that these means of payment are sufficiently credited to cover all costs resulting from the order of the products on website.
In accordance with current regulations and to ensure the security and confidentiality of their information, L'HYDROPTERE 2.0 does not store buyers' banking details.
It is therefore up to the buyer to save and print their payment certificate if they wish to keep track of the banking information relating to the order.
ARTICLE 5 - CONCLUSION OF THE CONTRACT
The contract is concluded upon payment of the price or, in the case of installment payment, upon receipt of the first deposit.
ARTICLE 6 - DELIVERY TERMS
When the order is shipped, L'HYDROPTERE 2.0 notifies the buyer of the departure of their order by sending them an email to the email address indicated in their “contact details” file. The products are sent to the address indicated by the buyer within the deadlines indicated at the time of the order. The delivery times indicated exclude weekends and public holidays. The delivery time starts from the days following receipt of payment. In the event of absence during delivery to the address indicated by the buyer, a delivery notice is left in his mailbox. The package can be collected from the post office indicated in the notice within 10 days following the posting of the notice. If the package is delivered by an independent carrier, a notice left under the same conditions in the mailbox of the address indicated by the buyer. In this case, it will be up to the buyer to contact the carrier to agree on a new delivery date. Beyond this 10-day period, the package will be returned to the Website. It will be up to the buyer to contact the Website to agree on a new delivery method at the buyer's expense. Deliveries are only made in mainland France and Belgium. All deliveries outside these territories must receive the prior agreement of L'HYDROPTERE 2.0 and must be subject to special conditions of sale depending on the items ordered. L'HYDROPTERE 2.0 makes every effort to respect the delivery times mentioned on the site. However, L'HYDROPTERE 2.0 cannot be held responsible for the consequences due to a delay in delivery or loss of packages caused by a third party other than the carrier it has chosen or by the buyer (e.g. wrong address ) or due to an unforeseeable and insurmountable cause constituting a case of force majeure. On the day of delivery, the buyer is required to carefully check the package and verify its contents in the presence of the delivery person before signing the delivery slip. If the products delivered have suffered damage (breakage, impact, deformation, etc.) during transport or do not conform to the specifications indicated on the order form (product error, color, etc.), the buyer has the option of refusing the package by legibly writing the reason for its refusal on the delivery slip. The package will then be returned to L'HYDROPTERE 2.0. Signing the delivery note without reservation will constitute acceptance of the products as is.
Under the conditions of article 7 set out below, the buyer will then have the choice between:
either be delivered a product identical to that ordered within the limits of available stocks,
or be refunded the price within 30 days of the buyer's request.
In the event that the package is incomplete, the buyer completes the delivery slip by indicating his reservations precisely and in detail and the missing products.
These observations must be confirmed by the buyer by email to the address serviceclient@shop.lhydroptere.com, recalling the order references.
ARTICLE 7 - CONFORMITY AND AVAILABILITY OF PRODUCTS
L'HYDROPTERE 2.0 undertakes to ensure that the photographic representation of the products on the Website is as faithful as possible. However, the buyer will note that current techniques for editing photographs on the Internet do not allow the identical perception of the products offered for sale. In the event of non-conformity of the delivered product, the buyer may return it to the company L'HYDROPTERE 2.0 for reimbursement.
purchase or exchange for the same product while stocks last. In the event of unavailability of the product, the buyer is informed by email of the partial delivery or unavailability of the ordered product.
In the event of non-compliance and/or unavailability of the products ordered, the buyer will have the choice between these 3 possibilities:
- be delivered with a product identical to that ordered within the limits of available stocks
- or be delivered with the product ordered by a product of equivalent price
- or be reimbursed for the ordered price within 30 days of the buyer's request.
The costs of returning the ordered product and the possible delivery of another product will be borne by L'HYDROPTERE 2.0.
To benefit from the above conditions, the buyer must return the product to the L’HYDROPTERE 2.0 customer relations department at the following address:
7 Imp. du Belem, 44100 Nantes
ARTICLE 8- WITHDRAWAL
8.1. In application of the provisions of article L. 121-21 of the Consumer Code, and apart from the legal exceptions recalled in article 8.2 hereof, the buyer has a withdrawal period of fourteen clear days from delivery of the order to return the products for exchange purposes within the limits of available stocks or reimbursement within fourteen days from receipt by L'HYDROPTERE 2.0 of the exercise of the right of withdrawal of the buyer, at the buyer's choice and free of charge with the exception of return costs.
8.2. Certain products defined in article L121-21-8 of the Consumer Code cannot be subject to a right of withdrawal on the part of the buyer. The products concerned are designated as such to buyers before the conclusion of the sales contract and as part of the product technical sheet.
These include:
- products which, given their nature, cannot be returned or deteriorate or expire quickly;
- products made or personalized according to the buyer's instructions.
8.3. Conditions for exercising the right of withdrawal:
The buyer may, within fourteen days following delivery of the order and concerning products subject to the right of withdrawal, exercise this right by sending an email to: serviceclient@shop.lhydroptere.com
Our advisors are available to you from Monday to Friday from 9:30 a.m. to 12:00 p.m. and from 2:30 p.m. to 6:00 p.m.
To exercise his right of withdrawal and prior to any return of a product, the buyer must choose:
- complete the withdrawal form accompanying the order form and indicate the products subject to withdrawal.
- or express your intention to return the products by:
By email to SAV@shop.lhydroptere.com specifying “withdrawal” in the subject of the email
Or by mail to the following address:
L’HYDROPTERE 2.0, 7 Imp. du Belem, 44100 Nantes
8.4. The buyer has the obligation to return the product(s) by their own means to the following postal address: L'HYDROPTERE 2.0, 7 Imp. du Belem, 44100 Nantes within fourteen days of exercising your right of withdrawal.
8.5. Only products in new and complete condition (instructions, accessories), returned in their original packaging will be accepted.
Any product which has been damaged, or whose original packaging has been damaged in conditions beyond simple opening, will not be taken back or refunded. The return of the product made under the conditions set out above will be subject to a refund equal to the purchase price of the product. The delivery costs of the order remain the responsibility of the buyer as well as the costs of returning the products.
8.6. L'HYDROPTERE 2.0 sends the buyer a refund of the amount indicated above within fourteen days of receipt of the voucher, the letter or the withdrawal email or, where applicable, the telephone call. L'HYDROPTERE 2.0 will have the option of deferring reimbursement until recovery of the products or until the buyer has provided proof of shipment of these goods, the date chosen being that of the first of these facts. The refund will be made to the billing address recorded in the customer identification form mentioned in article 3.4 hereof.
ARTICLE 9 – GUARANTEES
9.1- Legal guarantees
- All products sold on the Website by L'HYDROPTERE 2.0 are subject to a legal guarantee of conformity and a guarantee against hidden defects.
- In these hypotheses, L'HYDROPTERE 2.0 undertakes alternatively and at the buyer's choice:
- either to reimburse the buyer for the price of the product
- either to exchange the product with an identical product depending on available stocks,
- or to exchange the product ordered with a product of equivalent price.
In cases of lack of conformity and/or hidden defect, the buyer is invited to followe the procedure described in articles 6 and 7 hereof.
These provisions are not exclusive of the right of withdrawal defined in article 8 hereof.
Article 1641 of the Civil Code provides that:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduces this use to such an extent that the buyer would not have acquired it or would not have acquired it. would have given only a lower price, if he had known them before.”
Article 1648 al 1st Civil Code provides that:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L211-4 of the Consumer Code states that:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code states that:
“To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code states that:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods”.
9.2- Contractual guarantee
Certain products may give rise to a contractual guarantee. The existence and warranty conditions of the products are specified on each product sheet on the Website. Where applicable, the commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The warranty runs from the date of delivery. The buyer is invited to keep the purchase invoice sent by L'HYDROPTERE 2.0 and to contact the customer relations department who will inform them of the procedure to follow. Excluded from the warranty are products modified, repaired, altered by adding or subtracting elements or by any means whatsoever due to the buyer. The warranty does not apply to apparent defects.
ARTICLE 10 - AFTER-SALES SERVICE (After-sales service)
After-sales service only takes into account products under warranty. The buyer contacts L'HYDROPTERE 2.0 after-sales service by email at the following address SAV@shop.lhydroptere.com. A return slip will be sent to him. Transport costs will be covered by L'HYDROPTERE 2.0 Once the repairs have been carried out, L'HYDROPTERE 2.0 will return the product to the buyer, at its own expense. However, if the warranty is not applicable, L'HYDROPTERE 2.0 will send a quote to the buyer. Upon receipt of the buyer's agreement, L'HYDROPTERE 2.0 will carry out the repairs. The costs of shipping the product to and from the after-sales service will, in the latter case, be re-invoiced to the buyer.
ARTICLE 11 - SECURE PAYMENT
The Website is subject to one of the most efficient security systems currently available. It benefits from the “Secure Socket Layer” encryption system which allows the encryption of the buyer’s bank details during their transmission over the network. L'HYDROPTERE 2.0 therefore never has access to buyers' confidential information regarding their means of payment.
ARTICLE 12 - COMMENTARY, CRITICISM, COMMUNICATION
All reviews posted by L'HYDROPTERE 2.0 users are monitored and moderated by the marketing team. As soon as the comments violate the law and ethics, L'HYDROPTERE 2.0 reserves the right to delete or modify the opinion concerned.
ARTICLE 13 - INTELLECTUAL PROPERTY
All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks and patents. These include, without this list being exhaustive, these general conditions of sale, the technology underlying the creation and publishing of the Website, the name and logo of the Website, the or the brands, designs and models appearing on the Website, its color code, its slogan, the soundtrack of the Website, etc. None of the documents or software coming from the L'HYDROPTERE 2.0 site can be copied
ied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for the downloading and printing of these general conditions of sale and solely by the buyer. Apart from this exception, any use of elements of the Website constitutes an infringement of intellectual property rights. Any simple or hypertext link Any hypertext link to the L'HYDROPTERE 2.0 site and using the "framing" or "in-line linking" technique is strictly prohibited without the express written consent of L'HYDROPTERE 2.0.
ARTICLE 14 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
L'HYDROPTERE 2.0 may be required to unilaterally modify these general conditions of sale.
L'HYDROPTERE 2.0 invites its buyers to carefully read or reread it before each purchase. The buyer who does not wish contractual relations to be governed by the new general conditions of sale applicable to any new order must, from the date on which the new version takes effect, cease using the Website and cease buy L’HYDROPTERE 2.0 products.
ARTICLE 15 – PERSONAL DATA
L'HYDROPTERE 2.0 undertakes not to disclose the personal data communicated by the buyer on the Website and to process them in accordance with the requirements of the Data Protection Act of January 6, 1978. L'HYDROPTERE 2.0 informs the buyer that this data will be used by its internal services, by the services of its parent company and/or those of the group to which L'HYDROPTERE 2.0 belongs for the processing of the buyer's order. Your contact details and personal data are kept by our services for a maximum of one year after your last order. L'HYDROPTERE 2.0 informs the buyer that L'HYDROPTERE 2.0 will be required to communicate their personal data to ensure the delivery of orders by its service providers and to ensure its after-sales service mission. In accordance with the Data Protection Act of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004, the buyer may at any time exercise his right of access to the file, his right of opposition and his right to rectification or deletion of their personal data by sending their request indicating their last name, first name and postal address:
- By email to serviceclient@shop.lhydroptere.com
- By post to the following address:
THE HYDROPTER 2.0
7 Imp. du Belem, 44100 Nantes
ARTICLE 16 – SIGNATURE AND PROOF
All the data provided and the buyer's confirmation will constitute proof of the transaction.
The buyer's confirmation will constitute signature and acceptance of the operations carried out.
ARTICLE 17 - LAW AND COMPETENT COURT
These general conditions of sale are governed for all of their stipulations by French law.
In the event of a dispute, the buyer and L'HYDROPTERE 2.0 undertake to seek an amicable solution.
Failing this, the French courts have jurisdiction.