General Terms and Conditions of Sale

Article 1 – Scope of application

The purpose of these general terms and conditions of sale is to govern the contractual relationship between AQUA NUHA and Customers wishing to purchase products and place orders via its website. 

The operator of the online store AQUA NUHA, accessible via the domain name  www.aquanuha.com is :

      AQUA NUHA SAS
      Registered with the Lille Métropole Trade and Companies Register under number 943 817 817
      Registered office : 251 rue Jean-Baptiste Lebas, 59830 CYSOING – France
      EU VAT number : FR 86 943 817 817
      Email : contact@aquanuha.com

These general terms and conditions of sale are the only applicable terms ; they may be amended or updated. The Customer is required to read them carefully before placing each order. By continuing to make purchases on the website, the Customer acknowledges having read and unreservedly accepted these general terms and conditions of sale.

It is specified that AQUA NUHA does not sell products to minors. Persons under the age of 18 may only place orders on this website under the supervision of a parent or legal guardian.

Finally, in the event of any inconsistency, discrepancy or conflict between the French version of these Conditions of Sale and their translation into another language, the French version shall prevail.

Article 2 – Orders – Product availability

To place an order on the website, the Customer must select each product they wish to purchase, add it to their cart, then confirm the contents of the cart and place the order. 

The Customer is then redirected to a page summarising the details of the ordered products, their price and the delivery options (including applicable delivery costs). 

The Customer must complete the fields identified as mandatory on the electronic form and choose the delivery and payment options.

After the order has been placed, AQUA NUHA sends the Customer an order confirmation message along with an order number. As part of its order control and acceptance procedure, AQUA NUHA reserves the right to request additional supporting documents from the Customer.

 The order will only be validated upon receipt of such documents. Failing this, the order will be cancelled and the Customer notified by email.

This may notably occur in the following cases :

• Orders where the delivery address differs from the billing address
• New customers whose account has never been verified
• Orders placed outside France
• Orders paid with foreign bank cards

Furthermore, the products listed on the website are offered for sale subject to availability. In the event that a product becomes unavailable after an order has been placed, the Customer will be informed by email. The order will then be automatically cancelled and refunded if the Customer’s bank account has been debited. In the event of partial delivery, only the delivered products will be invoiced.

Once payment has been accepted, the order dispatch procedure is initiated. After validation of the order, a detailed invoice is available for consultation and printing by the Customer via the “My Account” section of the website.

The Customer agrees to receive the invoice for their purchases in electronic form.

AQUA NUHA sells its products only in quantities corresponding to the usual average needs of a household. This applies both to the number of products ordered in a single order and to the number of individual orders for the same product that comply with the usual quantity of a normal household.

Article 3 – Prices

All prices are displayed inclusive of all taxes (VAT and other applicable taxes), it being specified that the VAT applied will be that of the country of destination.

Prices are displayed by default including French VAT and will therefore be updated when the Customer specifies a delivery address outside France, according to the VAT rate applicable to the transaction.

When ordered products are to be delivered outside the territory of the European Union, the Customer may be subject to import duties and taxes, which are collected when the package arrives at its destination.

Any additional customs clearance charges shall remain the responsibility of the Customer, who is considered the official importer of the products and must comply with all laws and regulations of the country concerned.

Despite all due care, some products may exceptionally display a material pricing error. AQUA NUHA verifies product prices when processing the order.

In the event of a pricing error, if the actual price is higher than the price displayed on the website, AQUA NUHA will contact the Customer to validate the order at the correct price or cancel it.

Conversely, if the actual price is lower than the price displayed, AQUA NUHA will validate the order and invoice the Customer at the lower price.

Article 4 – Payment – Refunds

The Customer may make payments by credit or debit card or via Apple Pay.

In the case of payment by bank card, in order to combat the risks of card misuse, AQUA NUHA uses a secure payment system compliant with SSL standards. The Customer’s banking details are encrypted directly according to the highest standards authorised by the authorities, without passing through the website. These details are known only to the bank.

Any unpaid amount resulting from the fraudulent use of a bank card will result in the registration of the data relating to the order associated with such unpaid amount in a payment incident file. An irregular declaration or anomaly may also be subject to specific processing. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right at any time to access, rectify and object to the processing of their personal data by writing to AQUA NUHA.

If payment for an order were to be challenged for any reason after shipment of the goods, the Customer would remain liable for the price and undertakes to pay it within three (3) days. Pending such regularisation, AQUA NUHA reserves the right to suspend delivery of current orders.

Any refund made by AQUA NUHA will be credited to the bank account used by the Customer to make the payment. In the event of payment by credit card or other financial instrument, the amount will be refunded to the bank account linked to that payment method.

Article 5 – Right of withdrawal

When purchasing items on the AQUA NUHA website, the Customer benefits from a statutory right of withdrawal allowing them to withdraw from their order, without providing any reason, within fourteen (14) days.

To exercise the right of withdrawal, the Customer must notify their decision to withdraw from the contract in writing, which may be sent electronically or via the contact form on the website.

An acknowledgement of receipt of the withdrawal declaration will be sent.

To exercise the right of withdrawal, the products must not have been used, opened or damaged and must be returned intact and unused in their original packaging. Where applicable, the packaging must retain its original seal.

For any return of goods, the Customer may use the return label generated from their customer account. In case of difficulty, the Customer may contact AQUA NUHA customer service so that a return label can be sent.

Products must be returned in their original packaging, in perfect condition, unopened and accompanied by any accessories.

By way of exception, the statutory right of withdrawal is excluded and may not be exercised for unsealed products which cannot be resold for reasons of health protection or hygiene.

When exercising the right of withdrawal, the Customer is advised to use a delivery method with tracking in order to retain proof of return.

Return shipping costs remain the responsibility of the Customer.

In the event of a valid withdrawal, AQUA NUHA will refund all sums received from the Customer, including delivery costs, without undue delay and no later than fourteen (14) days from the exercise of the right of withdrawal. However, the refund may be deferred until the goods have been returned or proof of shipment has been provided.

The Customer shall bear any loss in value of the returned goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

Article 6 – Delivery

The delivery date indicated at the time of ordering is indicative only ; it takes into account the average delivery times announced by carriers, for which AQUA NUHA cannot be held liable.

AQUA NUHA undertakes to dispatch orders within forty-eight (48) hours (excluding weekends and public holidays) for products indicated as “In Stock”. This period runs from the day following order validation.

Depending on the nature and weight of the package(s), a carrier will deliver the order within standard courier timeframes. The Customer is informed that delivery to difficult-to-access areas (mountains, islands) and to other EU or non-EU countries usually takes longer than delivery within mainland France.

Delivery is made by handing over the product(s) to the Customer at the delivery address provided during the order process.

Deliveries are made at ground-floor level.

In the case of an order comprising several products with different delivery times, the entire order will be delivered based on the longest delivery time.

“Free Delivery” offers apply only to mainland France (excluding Corsica) and to non-professional Customers.

For deliveries to collection points, the parcel is automatically returned after the holding period. If the Customer fails to collect the parcel in time, the order will be automatically refunded upon receipt, less return shipping costs (equal to outbound shipping costs).

Article 7 – Receipt of goods

Upon receipt of the products, the Customer must carefully inspect the package(s) and verify their contents in the presence of the delivery driver before signing the delivery slip.

If the delivered products have been damaged during transport (breakage, impact, deformation, etc.) or do not conform to the specifications indicated on the Customer’s order form (incorrect product, colour, etc.), the Customer must refuse the package(s) and clearly state the reason for refusal on the delivery slip. The package(s) will be returned and the Customer will be re-delivered free of charge.

If quantities are missing, the Customer must clearly and precisely note their reservations on the delivery slip, indicating the number of packages and the description of the missing products before signing.

The Customer must then confirm the missing products to AQUA NUHA via the website contact form, recalling the order references.

Failing express and precise reservations on the delivery slip, the goods shall be deemed compliant in both quantity and quality.

Article 8 – Statutory warranties

Sales concluded with AQUA NUHA are subject to the statutory warranty of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code, as well as the statutory warranty against hidden defects set out in Articles 1641 et seq. of the French Civil Code.

Accordingly, AQUA NUHA is liable for any lack of conformity of the delivered product. Under the statutory warranty of conformity:

• The Customer has a period of two (2) years from delivery of the product to take action.

• The Customer may choose between repair or replacement of the ordered item.       

However, AQUA NUHA may refuse the Customer’s choice if the requested remedy is impossible or entails disproportionate costs in view of the value of the goods, the significance of the defect, and the possibility of opting for the alternative solution without major inconvenience to the Customer.

• The Customer may seek rescission of the contract and reimbursement of the price where AQUA NUHA fails to comply with its conformity obligations or where the lack of conformity is sufficiently serious to justify immediate rescission.

                Where the defect is minor, the Customer may not seek rescission of the contract.

• The Customer may request a price reduction if conformity is achieved after a period of thirty (30) days or if they suffer a major inconvenience.

In addition, the Customer may choose to invoke the warranty against hidden defects pursuant to Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.

Article 9 – Liability

AQUA NUHA undertakes to exercise all due care in the processing of orders and the service provided to the Customer. However, its liability shall not be incurred in the event of delay or failure to perform its contractual obligations where such delay or failure is due to causes beyond its control, such as fortuitous events, force majeure, transport or communication incidents or failures, strikes, lock-outs, export or import bans or embargoes, floods, fires, or interruptions of IT or telecommunications systems.

The liability of AQUA NUHA shall not be engaged in the event of delays caused by stock shortages at the publisher or supplier. Furthermore, AQUA NUHA shall not be held liable for minor differences between product presentation photos and/or texts displayed on the website and the delivered products.

AQUA NUHA makes every effort to provide the services covered by these terms but shall only be liable for direct and foreseeable damages at the time of use of the website or conclusion of the sales contract by the Customer.

In dealings with professionals, AQUA NUHA shall incur no liability for loss of profits, commercial losses, loss of data, loss of opportunity or any indirect damages or damages that were not foreseeable at the time of use of the website or conclusion of the sales contract.

The above limitation of liability shall not apply in cases of fraud or gross negligence by AQUA NUHA, bodily injury, liability for defective products, eviction, or non-conformity (including due to hidden defects).

The photos, texts and illustrations on the website shall not engage the liability of AQUA NUHA, particularly in the event of typographical errors. All texts, images, logos and trademarks displayed on this website are protected by copyright and intellectual property rights, and any reproduction, even partial, is prohibited.

Article 10 – Mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer may submit a request for amicable dispute resolution through mediation within a period of less than one year from their written complaint to the professional.

To refer the matter to the mediator, the consumer must submit their request to the Centre de la Médiation de la Consommation de Conciliateurs de Justice – CM2C:

• By completing the online form entitled “Saisir le médiateur” on the website: https://www.cm2c.net/declarer-un-litige.php
• By post to : 49 rue Ponthieu – 75008 Paris – France
• By email to:  declarer-un-litige@cm2c.net

Regardless of the method used, the request must include :

• The applicant’s postal, telephone and electronic contact details
• The name and address of the professional concerned
• A brief statement of the facts, specifying what the consumer expects from the mediation and why
• A copy of the prior complaint
• All documents enabling the examination of the request (order form, invoice, proof of payment, etc.)

Article 11 – Data protection and privacy

The data communicated by the Customer and website visitors are subject to automated processing by the website. They are used to process Customer requests or orders, to better understand the Customer and to adapt the website’s offers to Customer needs. They are intended for the website and its service providers for the performance of contracts and requests.

If the Customer has given their consent, they may also receive promotional emails from AQUA NUHA partners.

AQUA NUHA ensures that its partners comply with the Customer’s right to object to receiving further communications.

In accordance with French Law No. 78-17 of 6 January 1978, any person has the right to access, modify, rectify and delete their personal data by contacting AQUA NUHA via the website contact form or by post.