Conditions d’utilisation

Preamble

These general terms and conditions of sale apply to all sales concluded on the website https://dela-water.com.

The company's contact details are as follows:

● Website link: https://dela-water.com
● Company name: Narcisse MEDADJE
● Mailing address: 1 rue de la Méditerranée, 92160 ANTONY, Ile-de-France, France 
● Telephone number: +33662078237
● Email address: info@dela-water.com
● Company number: 833058472

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented in the Seller's catalogs. The photographs and graphics displayed are not contractual and shall not engage the Seller's liability. The Client is required to refer to the description of each Product in order to know its properties and essential features. Product offers are subject to availability.

The client declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Therefore, the validation of the order implies acceptance of the general terms and conditions of sale.

Article 1 - Principles

These general terms and conditions express the entirety of the parties' obligations. In this sense, the client is deemed to accept them without reservation. These general terms and conditions of sale apply exclusively, to the exclusion of all other conditions, particularly those applicable to in-store sales or marketing through other distribution channels. They are accessible on the website https://dela-water.com and shall prevail, where applicable, over any other version or contradictory document. The buyer and seller agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time, which will be applicable upon their posting online. If a sales condition is found to be missing, it shall be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France.

Article 2 - Content

Purpose. These general terms and conditions are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer, from the website https://dela-water.com.

Capacity. The use of the site to place an order assumes the knowledge and acceptance of all terms of these general conditions. The Client declares to be of legal age and having the capacity to contract under the law of their country or declares to represent, under a valid mandate, the person for whom they place the order.

Acceptance of GTC. The Client declares having read the general terms and conditions and having accepted them prior to any purchase, which implies unreserved adherence to these general terms and conditions of sale. By accepting, the client acknowledges that they have received sufficient information and advice from the company before placing an order, allowing them to ensure that the content of their order meets their needs. These general terms and conditions constitute the entirety of the parties' rights and obligations within the framework of their contractual relationship. Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance, and transactions. These general terms and conditions are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer, from the website https://dela-water.com.

Article 3 - The Order

The buyer has the possibility to place their order online, from the online catalog and using the form provided, for any product, subject to stock availability. The buyer will be informed of any unavailability of the product or good ordered. For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the address and delivery method, and finally validate the payment method. The sale will be considered final:

• after sending the buyer the confirmation of acceptance of the order by the seller by email;
• and after receipt by the seller of the full price. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below. In certain cases, such as non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: info@dela-water.com . Call the following phone number: +33662078237 on the following days and times: Monday to Saturday, from 9 a.m. to 8 p.m. Digitized records, stored in the company's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

The transfer of ownership of the Seller's Products, for the benefit of the Client, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products.

The transfer of risks takes place from the seller to the client at the moment of physical possession of the goods by the client; however, if the client selects the carrier themselves, in this case, the transfer of risks takes place when the seller hands over the goods subject to the order to the carrier selected by the client. The Client, therefore, acknowledges that it is the carrier's responsibility to deliver and has no recourse in warranty against the Seller in case of failure to deliver the transported goods.

Article 4 - Pre-contractual Information

The Client acknowledges having been informed by the Seller in a legible and understandable manner, through the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or placing of the order and in accordance with the provisions of Article L 221-5 of the French Consumer Code:

• on the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, allowing them to purchase the Products with full knowledge of their conditions of use. The photographs and graphics presented are not contractual and cannot engage the Seller's responsibility. The Client must refer to the description of each Product to know its properties and essential characteristics.
• on the price of the Products and the application of a personalized price based on automated decision-making and ancillary fees or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
• on the terms of payment, delivery, and execution of the sales contract;
• in the absence of immediate execution of the sale, on the delivery times of the ordered Products;
• on the identity of the Seller and all its contact details;
• on the existence and implementation of warranties (legal warranty of conformity, warranty for hidden defects, possible commercial warranties) and, where applicable, on after-sales service;
• on the possibility of resorting to a consumer mediator, whose contact details are included in these General Terms and Conditions of Sale, under the conditions provided for in the Consumer Code;
• on the right of withdrawal (existence, conditions, deadline, methods of exercising this right, and standard withdrawal form), the termination methods, handling of claims and other important contractual conditions, and, where applicable, on the costs of using the distance communication technique, the existence of codes of good conduct, and financial guarantees and bonds;
• on the accepted means of payment.

The act of a Client ordering on the website "https://dela-water.com" implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

Article 5 - Electronic Signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

• the enforceability of the amounts due under the order;
• signature and express acceptance of all operations carried out. In case of fraudulent use of the credit card, the buyer is invited, upon noticing this use, to contact the seller at the following email address: info@dela-water.com Or at the following phone number: +33662078237.

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation by email once the payment has been made.

Article 7 - Proof of Transaction

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

Article 8 - Product Information

The main features of the Products, including all substantial information required by the applicable regulations and, in particular, the specifications, illustrations, and indications of dimensions or capacities of the Products, are presented on the "https://dela-water.com" website in the Seller's product sheets and catalog. The Client is required to review this information before placing an order. The choice and purchase of a Product are the sole responsibility of the Client. The photographs and graphics presented on the "https://dela-water.com" website are not contractual and shall not engage the Seller's responsibility. The Client is required to refer to the description of each Product to learn about its properties, essential features, delivery times, and, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract. Contractual information is presented in French and will be confirmed no later than the moment the Client validates the order.

Product offers are subject to available stocks, as specified when placing the order.

Article 9 - Pricing Conditions

The seller reserves the right to modify its prices at any time but commits to applying the prices in effect at the time of the order, subject to availability on that date. Prices are indicated in euros. The client purchasing a product sold including all taxes (TTC) will see a price taking into account the VAT applicable on the day of the product's purchase. Any change in the applicable VAT rate will affect the prices of the products. If the company benefits from a VAT exemption, it may legitimately invoice its products excluding tax (HT). In the event that a client located in a European Union country is required to pay VAT to receive their order, they must inform the seller before paying the amounts claimed by the carrier or customs administration so that the seller can legitimately resolve the situation for the client. If the client has nevertheless paid fees related to customs clearance, such as VAT, customs duties, or other administrative fees, the client may request a refund of the VAT and customs duties only, provided that the client submits acceptable proof of the payment made.

Article 10 - Payment Method

This is an order with an obligation to pay, which means that placing the order implies payment from the buyer. To pay for their order, the buyer can choose from all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have any necessary authorizations to use the payment method chosen by them during the validation of the order form. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller particularly reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being handled. The payment of the full price is made on the day of the order, according to the following methods:

• PayPal
• Credit card (Visa, Mastercard, etc.)

Special offers and discount vouchers. The company reserves the right to offer limited-time launch offers, promotional offers, or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided by law. The applicable rates are those in effect at the time of the product's purchase by the client, who cannot claim other rates, before or after their purchase. Discount vouchers may be subject to specific conditions and remain strictly personal to their beneficiary and usable only once.

In case of payment incident and/or fraud. The company reserves the right to suspend any order processing and delivery in case of non-payment or refusal of payment authorization by credit card from officially accredited organizations. The company particularly reserves the right to refuse to honor an order from a client who has not fully or partially paid a previous order or with whom a payment dispute is in progress. The company may contact the client to request additional documents to execute the payment of the order. The company can rely on the information provided by the order analysis system. The provision of the requested documents is necessary for the company to confirm the order. To combat credit card fraud, a visual verification of payment methods may be carried out by the company before delivering the product. In case of fraudulent use of their credit card, the client is invited, upon becoming aware of this use, to contact the company, without prejudice to the steps the client must take with their bank. Default or late payment. Interest and penalties provided by law apply in case of default or late payment by the consumer or professional client.

The payment of the entire package price in several installments offered by the company to the client is not a non-binding payment or a monthly subscription. It is a payment schedule for the product's price. The price corresponding to the sum of the staggered payments is due, regardless of the number of payments planned and the price of the product. Any staggered payment scheduled at the time of the order does not constitute credit or microcredit. When a payment in several installments is offered, the first installment is paid on the day of the order and the following installments with a one-month interval (unless otherwise stated). Thus, the client guarantees the validity of the bank information provided until the last scheduled payment date. The company reserves the right to refuse an order with payment in several installments if the credit card expires before the last scheduled payment or if the secure payment service provider opposes it.

Article 11 - Product Availability - Refund - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the website, the shipping times will be, subject to available stock, those indicated below. Shipping times start from the date of order registration indicated in the order confirmation email. Delivery terms will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed date or delivery deadline, the buyer must, before terminating the contract, require the seller to fulfill it within a reasonable additional period. If the contract is not executed upon the expiration of this new deadline, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime. However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above are an essential condition of the contract for them. In this case, when the contract is terminated, the seller is required to refund the buyer the full amount paid, no later than 14 days following the date on which the contract was denounced. In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 14 days at the latest from their payment or an exchange of the product.

Article 12 - Delivery Terms

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The ordered products are delivered to the buyer by the seller's supplier according to the terms and deadlines specified above. Products are delivered to the address provided by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer can receive an invoice sent to the billing address and not the delivery address by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, allowing the package to be collected at the specified location and time. If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (parcel refused because it is open or damaged). The buyer must indicate on the delivery slip any anomalies concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...) in the form of handwritten reservations accompanied by their signature. This verification is considered completed when the buyer or a person authorized by them has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered mail within two working days following the receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notice of the website. If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days of delivery. Any claim made beyond this period cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions...). Products must be returned to the following address:

• 1 rue de la Méditerranée 92160 Antony, Ile-de-France, France

The product will be delivered within a maximum of 22 days.

Products are offered for sale and delivered subject to available stock. In the event of unavailability of the ordered product, the customer will be immediately informed by the company, which may offer a product of equivalent quality and price or, alternatively, refund the order if the customer is a consumer. Apart from refunding the price of the unavailable product, the company is not liable for any cancellation compensation unless the non-performance of the contract is personally attributable to it.

Return costs are the responsibility of the customer.

Article 13 - Delivery Errors

The buyer must submit any claim of delivery error to the seller during the legal withdrawal period mentioned in these general terms and conditions of sale, or, if applicable, in accordance with the contractually determined deadline under a commercial warranty provided for in these GTC. Any claim made beyond this period will be rejected. The claim can be made : 

• by email at the following address: sales@dela-water.com Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the concerned product(s) and communicate it to the buyer by email. The exchange of a product can only take place after the assignment of the exchange number.

 

Article 14 - Product Warranty

14-1 Legal Guarantee of Conformity

The Seller undertakes to deliver a product in conformity with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code. The Seller is responsible for any non-conformity defects that exist at the time of delivery of the Products and that appear within two years of said delivery.

This warranty period applies without prejudice to Articles 2224 and following of the French Civil Code, with the statute of limitations beginning to run from the day the Client becomes aware of the non-conformity defect.

Non-conformity defects that appear within twenty-four months or within twelve months for used goods from the delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.

In the event of a non-conformity defect, the Client may demand that the delivered Products be brought into conformity by repair or replacement, or, if not possible, a reduction in price or termination of the sale, under legal conditions.

The Client may also suspend payment of all or part of the price or the benefit provided for in the contract until the Seller has fulfilled its obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the French Civil Code.

It is the responsibility of the Client to request from the Seller the conformity of the Products, by choosing between repair and replacement. The conformity of the product will take place within a period not exceeding thirty days following the Client's request.

The repair or replacement of the non-conforming Product includes, if applicable, the removal and return of the product, as well as the installation of the conforming Product or the replacement.

Any Product brought into conformity under the legal guarantee of conformity benefits from a six-month extension of this warranty. In the event of replacement of the non-conforming Product when, despite the Client's choice, conformity has not been achieved by the Seller, the replacement triggers a new legal guarantee of conformity period for the Client, starting from the delivery of the replaced Product.

If the conformity requested is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the French Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the French Consumer Code are not met, the Client may, after formal notice, pursue the forced execution in kind of the initially requested solution, in accordance with Articles 1221 and following of the French Civil Code.

The Client may finally demand a reduction in price or termination of the sale (unless the non-conformity defect is minor) in the cases provided for in Article L 217-14 of the French Consumer Code.

When the non-conformity defect is so severe that it justifies a reduction in price or immediate termination of the sale, the Client is not required to first request the repair or replacement of the non-conforming Product.

The reduction in price is proportional to the difference between the value of the delivered Product and the value of the product in the absence of the non-conformity defect.

In case of termination of the sale, the Client is refunded the price paid against the return of the non-conforming Products to the Seller, at the Seller's expense. The refund is made upon receipt of the non-conforming Product or proof of its return by the Client, and no later than fourteen days after, using the same payment method used by the Client during payment, unless expressly agreed by the latter and in any event without additional charges.

The foregoing provisions are without prejudice to the possible allocation of damages to the Client, due to the damage suffered by the latter due to the non-conformity defect.

14-2 Legal warranty for hidden defects

In accordance with Articles 1641 and following of the French Civil Code, the seller is responsible for hidden defects that may affect the item sold. It is up to the buyer to prove that the defects existed at the time of sale and render the item unfit for its intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between the cancellation of the sale or a reduction in price in accordance with Article 1644 of the French Civil Code.

 

Article 15 - Right of withdrawal

Application of the right of withdrawal

The buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return shipping costs, which remain the buyer's responsibility.

The Withdrawal Form can be downloaded here : https://drive.google.com/file/d/1vXWyzPg4dRC5BY508kwiUpOd_Kdn7bhv/view?usp=share_link

Returns must be made in their original and complete condition (packaging, accessories, instructions) allowing their resale in new condition, accompanied by the purchase invoice.

Damaged, dirty, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

In case of exercising the right of withdrawal within the aforementioned period, the customer must notify their right of withdrawal

by email at the following address: sales@dela-water.com

The price of the purchased product(s) and the delivery fees will be refunded.

The return shipping costs are the buyer's responsibility.

The exchange (subject to availability) or refund will be made no later than 15 days from the receipt, by the seller, of the products returned by the buyer under the conditions mentioned above.

Exceptions

According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• for the supply of goods made to the consumer's specifications or clearly personalized;
• for the supply of goods likely to deteriorate or expire rapidly;
• for the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after being delivered and by their nature, are inextricably mixed with other items;
• for the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• for the supply of digital content not provided on a material medium whose execution has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.

The company is not required to reimburse additional fees if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.

Article 16 - Force Majeure and Unforeseen Circumstances

All circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered as causes for exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence and disappearance.

Force majeure events are considered as all facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonably possible efforts. Expressly, cases of force majeure or fortuitous events include, in addition to those usually accepted by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the interruption of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.

If the force majeure event, preventing one of the two parties from fulfilling its contractual obligations, lasts longer than 90 days, the injured party may unilaterally terminate the contract that binds it to the other party.

Beyond cases of force majeure, which may affect the execution of contracts by one or both parties to the sales contract, the hypothesis of unforeseen circumstances takes into account the increase in the price of any raw material or any goods or services necessary for the production, preparation, availability, dispatch, of goods sold by the seller, making it impossible in reasonable conditions for the seller to continue offering these goods for sale or to execute its contractual obligations. In such a case, the seller cannot be considered as being responsible for a breach of its contractual obligations, and the customer cannot unilaterally terminate the contract without first, in good faith, attempting to find an amicable solution or renegotiating the contract concluded with the seller. In any case, in the event of unforeseen circumstances, the seller cannot be held responsible for any inconveniences, disadvantages, loss of opportunities, suffered by the customer.