Information

Editor and director of publication

Company: Profil Piscine

935 Avenue Marcel Pagnol

ZA du Brusquet

84110 VAISON-LA-ROMAINE

Tel: 04 90 41 74 02

Email: profilpiscine@orange.fr

APE code: 4399C

Intra-community VAT

SIRET: 4475894660002

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Preamble

 

These general conditions of sale apply to all sales concluded on the website: Profil Piscine Vaison la Romaine - Wix.com

The website https://www.profilpiscine.com/ is a service of: Click sale and collection of swimming pool items

 

• The sole proprietorship PROFIL PISCINE

• Located at 935 Avenue Marcel Pagnol, ZA du Brusquet 84110 Vaison La Romaine, France

• URL address of the site: https://www.profilpiscine.com/

• E-mail :profilpiscine@orange.fr

• Phone: 0490417402

 

The Profil Piscine Vaison la Romaine - Wix.com website markets the products chosen and distributed by the company PROFIL PISCINE.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

 

Article 1 – Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Profil Piscine Vaison la Romaine - Wix.com website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

These general conditions of sale are valid for the entire duration of the online publication of the products offered by PROFIL PISCINE.

 

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of products offered by the seller to the buyer, from the Profil Piscine Vaison la Romaine - Wix.com website.

These conditions only concern purchases made on the site and distributed by PROFIL PISCINE.

 

Article 3 - Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.

The following information is transmitted to the buyer in a clear and understandable manner:

- the essential characteristics of the products;

- the price of the product and/or the method of calculating the price;

- the date or the deadline on which the seller undertakes to make the product available;

- information relating to the identity of the seller, to his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content.

 

Article 4 - The order

The buyer has the possibility to place his order online, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions, and pay the entire order by the means of payment offered on the site.

The sale will be considered final:

- after payment of the product directly on the site by the buyer;

- after the sending to the buyer of the confirmation of the acceptance of the order, by the seller, by e-mail

 

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

 

For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0490417402 (cost of a local call), on the following days and times: Monday to Friday, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. at 5:00 p.m., or send an email to the seller at the following email address:profilpiscine@orange.fr

 

Article 6 - Order confirmation by the seller

The seller provides the buyer with an order confirmation, by email.

The order is then firm and final, and the customer can withdraw the products under the conditions set during the sale.

It is strongly recommended that the customer keep this e-mail acknowledgment of receipt specifying in particular the reference of the order.

The online store was created on the basis of click&collect, no delivery will be possible. We reserve the right to contact the buyer to inform him and cancel his order if he does not live near the store.

 

Article 7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

The products governed by these general conditions are those which appear on the seller's website. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

 

Article 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

 

Article 10 - Method of payment

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The seller reserves the right to suspend any management of the order and any provision in the event of refusal to authorize payment by credit card from officially accredited bodies or in the event of non-payment when the order is collected from place. 

The payment of the price is made in full during the validation of the basket, according to the following methods:

• Bank card

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Article 11 - Availability of products - Reimbursement - Cancellation

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated in buyer at the time of the sale. 

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.

 

Article 12 - Methods of making products available

The products ordered are available according to the terms and time specified when ordering online.

The products are made available at the address indicated by the seller when ordering. The buyer can, at his request, obtain the sending of an invoice to the billing address or by email.

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Article 13 - Right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of creation of his order, to return any item that does not suit him and request an exchange or refund without penalty. .

Returns must be made directly in store, in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal must be exercised by email to the following address: profilpiscine@orange.fr

It must be unambiguous and express the will to retract, indicating the name of the buyer, the order number and the name of the product concerned. Any other mode of declaration of withdrawal will not be accepted.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed. After the legal deadline, no refund will be accepted.

The exchange (subject to availability), a credit note or the refund will be made upon receipt, by the seller, of the products returned by the buyer under the conditions provided for above.

 

Product warranty

1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-3 and following of the consumer code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from delivery of the goods to act;

- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code;

- the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.

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2 Legal warranty against hidden defects

In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. 

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

 

Article 14 - Intellectual property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

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Article 15 - Computing and Freedoms

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the site "Profil Piscine Vaison la Romaine - Wix.com"

 

Article 16 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

 

Article 17 - Mediation and settlement of disputes

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link:https://webgate.ec.europa.eu/odr/

 

Article 18 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court of law.

This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

 

Article 19 - Protection of personal data

Data collected 

The personal data collected on this site are as follows:

- account opening: when creating the user's account, his surname, first name, email address;

- connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data;

- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;

- communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;

- cookies:   cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

 

Use of personal data 

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

-  access and use of the website by the user;

-  management of the operation and optimization of the website;

-  organization of the conditions of use of Payment Services;

-  verification, identification and authentication of data transmitted by the user;

-  proposal to the user of the possibility of communicating with other users of the website;

-  implementation of user assistance;

-  personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

-  prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;

-  management of any disputes with users;

-  sending commercial and advertising information, based on user preferences.

 

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

-  when the user publishes publicly available information in the free comment areas of the website;

- the user authorizes the website of a third party to access his data;

-   the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. personal ;

-  if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and judicial procedures;

-  if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

 

Security and privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

 

 

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address:profilpiscine@orange.fr

• The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.

• The right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.

• The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

• The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.

• The right to oppose the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

• The right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

 

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.