APPLICATION FIELDS AND PRIVATE SALE
The hereby general sales conditions apply to all the orders placed on the
POOL ZEN SPA’s website. They detail the rights and duties of the client and the company POOL ZEN SPA, both parties accept them without reservation. POOL ZEN SPA reserves the right to modify the hereby conditions at anytime without previous notice. The applicable conditions are those on line when the client places his/her order.
The calling of POOL ZEN SPA is to sell to private individuals ant not to professionals. However, if a professional client is interested in products presented on the POOL ZEN SPA’s website, is the responsibility of the client to make sure that the products distributed by POOL ZEN SPA are compatible with the needed uses. Under no circumstances, POOL ZEN SPA could be held liable of any loss, whatever it is, that are the results of a professional use of its products.
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PRICES AND VAT
POOL ZEN SPA reserves the right to modify its prices at any time. The price in force is the price on line when the client places his/her order.
The prices indicated on the explanatory product sheets of each item presented on the POOL ZEN SPA’s website are Net, all taxes included and without the shipping cost. In order to know the shipping cost, the client shall click on “my basket” then on “I like to know the shipping cost before placing my order”.
In case of price indication on the POOL ZEN SPA’s website in another part than the explanatory product sheets of each item and if it differs from the price of the explanatory product sheet, the price indicated in the explanatory product sheet will be evidence.
Despite the care POOL ZEN SPA exercises, a mistake could happen in the prices indicated. In case of an order from a client with an erroneous price, POOL ZEN SPA will indicate to the client the correct price that will be the basis for the invoice and the payment. However, if the client refuses the indicated price, the client will be free to cancel his/her order and POOL ZEN SPA will reimburse the amounts which would have been collected corresponding to the so-called order.
The possible exemptions from VAT could only be applied in accordance with the Tax General Code.
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ORDERS
When the client validates his/her order, he/she declares he/she read and accepts the hereby general sales conditions.
As the order is placed on line, the agreement of the client doesn’t need a handwritten signature. The fact of placing the order on line has the effect of an electronic signature, which has the same value than a handwritten signature and also has the effect of a conclusion of contract between the client and POOL ZEN SPA. After the validation of his/her order, the client will receive a confirmation of the order by email and POOL ZEN SPA recommends keeping it.
As the details of the client are essential for the handling of his/her order, the no indication of these details would lead to the no validation of the client’s order. Moreover, when the client indicates his/her details, the client commits regarding their veracity.
The orders will be delivered at the address indicated by the client when he/she creates his/her POOL ZEN SPA account and that appears on the order form.
It is incumbent upon the client to control the exactness of the information indicated to POOL ZEN SPA. POOL ZEN SPA could not be held liable for eventual consequences in case of erroneous typing of the client’s detail (delivery delays, delivery mistakes…).
In case of typing mistakes from the client that would cause problems in the delivery, the charges engaged for the new shipment of the order would be payable by the client.
DELIVERIES
The client can check the evolution of his/her order on the POOL ZEN SPA’s website, in the rubric “my account”.
The delivery times indicated in the explanatory product sheets are dependent on the transport. So, they are indicated for information only and POOL ZEN SPA could not be held liable for longer delivery times than those indicated in its website and eventual consequences due to these delays in deliveries.
The delivery will be done at the bottom of the building o at the door of the client’s house.
The delivery of the parcel will be handed personally. If the client is away when the carrier comes, the carrier will leave a delivery notice in the client’s letterbox. Then, it will fall to the client to get in touch with the carrier to fix a new delivery date. During this new delivery, the client commits to being present in the day and in the time slots indicated by the carrier. If the client is away when the carrier comes, any new delivery charges would be borne by the client who would not have respect the appointment fixed with the carrier.
Attention : if the client confides the receipt of his/her order to a neighbour or a close relation, they will receipt the goods in his/her name and on behalf of him/her. So, the client must ask him/her to be particularly vigilant concerning the condition and the composition of the order (number of parcels) he/she receives.
When the client receives the goods, it is absolutely essential that he/she controls the parcel’s state in the presence of the carrier. In case of damaged parcel, the client must indicate reservations on the consignment note. These reservations must be precise and detailed; the mention “subject to unpacking” for instance has no legal value. The client must precisely indicate on the consignment note any problem connected with the delivery (for example: missing product, opened parcel, parcel damaged, received one parcel instead of 2…).
The client must also confirm these reservations by recorded delivery with acknowledge of receipt, within the 48 hours following the receipt of the goods. This confirmation by recorded delivery shall be sent to the addresser or to the carrier. POOL ZEN SPA will be able to invoke its guarantees to the carrier only if this procedure has been respected. If one of both actions would not been respected by the client (precise indications on the consignment note and confirmation by recorded delivery within 48 hours), POOL ZEN SPA could not open a dispute dossier with the carrier concerned and could not be held liable for the occurred problems. Moreover, POOL ZEN SPA deeply recommends to its clients to get in touch with the customer hotline of POOL ZEN SPA for any delivery problems in order that POOL ZEN SPA could resolve this problem as soon as possible. In case of problem in the delivery and if the client accepted the delivery, it is absolutely essential that the client keep the parcels in their original condition. In case of opened parcel or damaged parcel, the client can also choose to refuse the delivery. So, the client will have to indicate on the consignment note the motive for this refusal. Finally, in case the client would receive a delivery which would not be for him/her, he/she can refuse the delivery or accept it and in this case, keep the parcels in their original condition and immediately inform the customer department of POOL ZEN SPA.
Concerning the shipments by post and in case there would be delay in the delivery, an investigation is opened by the post office which can last until 21 days. POOL ZEN SPA will decide to replace or reimburse the product, if it is no more available, only at the end of this investigation. If the product is found during the investigation period by the post office, it will be dispatched to the client.
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AVAILABILITY OF THE PRODUCTS
Normally, the products on the POOL ZEN SPA’s website are available at its providers, while stocks last. As the delivery times mentioned by POOL ZEN SPA have been indicated by its providers, POOL ZEN SPA could not be held liable for eventual mistakes or changes that could have occurred. The un-availability of a product could not give rise to any proceedings against POOL ZEN SPA or to any right to damages.
At receipt of the client’s order, POOL ZEN SPA controls the availability of the items and informs the client as soon as possible in case of un-availability. In case of partial un-availability of the client’s order, POOL ZEN SPA will make a first shipment with the available items.
According to the delivery time of the momentarily un-available product, POOL ZEN SPA can propose to its clients the shipment of an equivalent product with a more or less equivalent price or the reimburse of the un-available product. This reimburse could be done through re-credit of the client’s account or through cheque, according to POOL ZEN SPA preference. In case of reimburse, POOL ZEN SPA will done everything possible to make it within 15 days from the date when the client would have informed POOL ZEN SPA that he/she choose the reimburse. However, POOL ZEN SPA could not be prosecuted by the client or by a third party in case of any longer delivery time.
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PAYMENT
The client can choose to pay his/her order either by:
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Bank transfer before shipment: For this, the client shall contact POOL ZEN SPA to know its bank information. In this case, the whole order must be paid before shipment. The order will be handled at receipt of the bank transfer and the delivery times concerning the availability of the goods are taken at receipt of the bank transfer.
When he pays with a credit card online, the client guarantees that he/she is totally empowered to use this credit card and that this card gives access to sufficient funds to pay the whole order. The validity of the order occurs after the agreement of the payment centre.
Any other payment mode than the payment by credit card on the POOL ZEN SPA’s website or the bank transfer won’t be accepted.
The products remain the property of POOL ZEN SPA until their complete payment. Anyway, from the receipt of the goods by the client, risks are transferred to him/her. So, it is incumbent on the client to keep the goods in good condition. POOL ZEN SPA should take back goods at the client’s house that he/her would not have totally paid. In case of payment by instalments, as soon as a payment will provoke a non-payment, the outstanding balance would be immediately payable.
POOL ZEN SPA reserves the right to refuse to consider an order from a client who would not have paid all of one of his/her previous orders o for whom there would still be a dispute in hand.
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RESPONSIBILITIES
Products presented on POOL ZEN SPA’s website comply with the legislation and norms in force applicable in Europe. POOL ZEN SPA is free from taking away from its website any product when it is necessary and, under no circumstances, this will give rise to legal proceedings in favour of the client.
The client is responsible for the installation of the products purchased on the POOL ZEN SPA’s website. Indeed, the delivery doesn’t include the installation or the brought into service of the products purchased on the POOL ZEN SPA’s website. The client recognizes that the installation procedures for the products purchased on the POOL ZEN SPA’s website are his/her responsibility, whatever they are done by him/her or by third parties.
POOL ZEN SPA could not be held liable in case of damages, whatever they are, that could result from a bad use or a bad functioning of the items sold on the POOL ZEN SPA’s website.
In case of importation in a country subjected to customs duties and taxes, it is incumbent upon the client to ask information about their implementation on the concerned products. The client will also have to make sure of the implementation of the producer’s guarantee conditions in the concerned country as, in this case, he/she is the importer. POOL ZEN SPA could no be held liable if the entry conditions in the country of the concerned products are not observed.
From the POOL ZEN SPA’s website, the client can have access to other websites through links. POOL ZEN SPA is not responsible for these websites and could not be held liable if these websites do not observe the legal clauses or regulations in force.
POOL ZEN SPA could not be held liable for the nonfulfilment of the contract concluded between POOL ZEN SPA and its client as result of a case of absolute necessity such as strikes, natural disasters, fires, attacks, demonstrations (non exhaustive list). In these cases, no appeal could be brought against POOL ZEN SPA by its clients o by third parties for eventual damages, whatever could be the motives put forward (loss of turnover, loss…)
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TERMS OF RETURN – CANCELLATION OF ORDERS – RIGHT OF RETRACTION
In accordance with the article L121-16 of the consumption code, the client has the right to return any product purchased within a time limit of 7 (seven) clear days, from the receipt of the goods by the client. After this time limit, the client can not enjoy anymore this right of retraction. The return must be paid by the client.
Under no circumstances, POOL ZEN SPA will accept return goods in postage due.
Attention: for any return, whatever the cause is (within the context of the right of retraction or not), the client must absolutely ask for a return permission and the address to send the return before making his/her return. In case of allocation of a return number by POOL ZEN SPA, the client must indicate it in the outside part of the parcel (on the package of the parcel). Without any agreement from POOL ZEN SPA and without indication of the return number on the package (if need be), POOL ZEN SPA will be able to refuse the return of the client. From the transmission of the agreement, if need be of the return number, and the address for the return, the client has a delivery time of 15 business days to make his/her return (except for a return according to the right of retraction, as, in this case, the delivery time is 7 days). Beyond that, the return could be refused. Specially in case of return according to the right of retraction, the parcels must be complete, including particularly the instructions, technical information…and the products must be in perfect working order and do not have signs of any use.
In case of errors of POOL ZEN SPA (erroneous consignee or delivered reference…), POOL ZEN SPA will take back the parcels at the client’s home at its own expenses.
For all the returns (including the right of retraction), POOL ZEN SPA will reimburse the value of the goods except the shipping cost. Any credit note and reimburse in relation with a return will be done after the control of the goods and there could be eventual discounts according to the state of the return goods. The credit note and reimburse will be done as soon as possible by POOL ZEN SPA.
Any return charges, whatever the cause is, are at the client’s expenses and the client must attend to insure the goods during the transport as it is his/her responsibility.
For any cancelled order, POOL ZEN SPA will make a credit note if the invoice have already been made out and will reimburse the value of the goods. The shipping costs won’t be reimbursed except in case the order would not have been sent.
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GUARANTEE AND AFTER SALES SERVICE
The products sold by POOL ZEN SPA have the guarantee of the producer. This guarantee is indicated in the explanatory product sheets of each item. The client can get in touch with the customer hotline of POOL ZEN SPA to have more information concerning the application of the guarantees of the producers.
The guarantee of the producer will not be applied in case of damages or deteriorations caused by an inappropriate use of the product from the client.
In order that the guarantee could be applied and before any return of goods, the client must get in touch with the customer department of POOL ZEN SPA to ask for a return agreement (refer to paragraph 8 here above).
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WEEE (Waste Electrical and Electronic Equipment)
The decree n° 2005-829 dated 20 July 2005 clarifies the duties of everyone in the scope of the collection and elimination of the electrical and electronic equipments.
In order to protect our environment, it has been decided that it is duty of everyone use the systems of collection put at everyone’s disposal and no more savagely get rid of these products.
Besides the different existing systems of collection such as the waste collection centres, the municipal collections… POOL ZEN SPA is able to collect the old product of its client in order that it could follow the recycling way.
In this perspective, the return of an old product must be done carriage paid by the client and only after having received an agreement, possibly a return number and the address to return this product from the company POOL ZEN SPA. Without this agreement from POOL ZEN SPA, the return of an old product from the client could be refused.
This measure applies to the “one for one” rule, that means that POOL ZEN SPA commits to take back an old product for a new similar product purchased on its website (for instance : an old filtration for a new filtration, an old heating pump for a new heating pump…). Any desire of return of a product in the scope of the WEEE must be indicated when the client places his/her order. After this delivery time, POOL ZEN SPA will be able to refuse the request of the client.
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INTELLECTUAL PROPERTY
The texts and photos presented on POOL ZEN SPA’s website are not contractual. They are reproduced with the agreement of the providers of POOL ZEN SPA. POOL ZEN SPA endeavours to best detail the characteristics of the products, which have been sent by its providers, anyway, POOL ZEN SPA could not be held liable of eventual mistakes which could have slipped into the explanatory product sheets or into the photos. The texts and photos are property of POOL ZEN SPA for the whole word. Therefore, any partial or total reproduction is strictly forbidden.
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APPLICABLE LAW IN CASE OF LAWSUITS
The hereby contract comes under French law. Any contesting which could occur regarding its interpretation, its validity or its execution will be subjected to the competence of the commercial court of Antibes. Anyway, POOL ZEN SPA reserves the right to submit the case to any other jurisdiction which would be competent. If one or several indications of the hereby contract would be declared no valid consequently to a final decision of a competent jurisdiction or according to a law or a decree, the validity of the other indications would not be called into question.
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COMPUTER FILES AND FREEDOM LAW
According to the computer files and freedom law dated 6 January 1978, the client has the right to access, to modify, to correct and delete the data he/she would have indicated within this context.
To exercise this right, the client can contact the customer hotline of POOL ZEN SPA, dialling number +33(0)4.93.330.380 or through the page contact on the POOL ZEN SPA’s website.
The order placed by the client entitles him/her to receive the “flash info” report to inform him/her concerning the new products of POOL ZEN SPA. This service is free and can be cancelled at any time.
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CONTACT US
Different ways are at the client’s disposal to contact the customer department of POOL ZEN SPA :
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dialling number +33(0)4.93.330.380
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through the page contact on the POOL ZEN SPA’s website
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by post at the following address :
POOL ZEN SPA
175 ALLEE DE BELLEVUE
LES TERRIERS NORD
06600 ANTIBES
France
POOL ZEN SPA is a limited liability company, which capital is 7500, 00 EUROS.
POOL ZEN SPA is registered in the trade register of Antibes under R.C.S. number 449 332 667.
Its intra-community VAT number is FR 71 449 332 667 and its SIRET is 449 332 667 000 20.
