Terms and conditions
These Terms and Conditions establishes the conditions for the sales made between any individual wishing to make a purchase of Aquaman products (“Products“) from https://www.aquaman-triathlon.com website (the “Online Store”) and AQUAMAN S.A.R.L a French company registered under number 429 622 707, having its main office at 34th AVENUE DE BOISBAUDRAN, 13015 Marseulle, France ("Aquaman", "we" or "us" as the context may require).
1. About These Terms and Conditions
We may change these Terms and Conditions from time to time. Any changes to the Terms and Conditions will apply to orders placed on or after the effective date. Any order placed before a change of Terms and conditions is subject to the terms and conditions at the moment of the order.
BY PLACING AN ORDER FOR PRODUCT(S) YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS.
2. Placing an Order
Please note that orders can only be placed by non-trading individuals. Therefore, we will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.
To be able to buy Product(s) you have to :
- provide your name and address, phone number, email address, payment details and other required information;
- be at least 16 years of age;
In case you created an account with a personal user identification and password, keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.
3. Order Processing and Contract conclusion
You agree that your order is an offer to buy the Product(s) listed in your order under these Terms and Conditions. All orders must then be accepted by us.
We may choose not to accept orders in our sole discretion and notably abnormal orders, orders which we suspect are not placed in good faith or orders which have not been placed by individuals. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion.
After having received your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Product(s) you have ordered and the Terms and Conditions. Conclusion of the contract will take place the moment you receive the order confirmation email.
The order confirmation email is your proof of purchase, please store it as we will not archive your contract.
4. Prices, Shipping and Handling charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.
We may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process and, in any case, on the Order confirmation email.
In case certain costs cannot be reasonably calculated before the conclusion of the contract, you will be informed about the manner in which the total price will be calculated.
When registering their order, the User chooses the place to which they wish to have the ordered Products delivered. Delivery is made to the address indicated by the User when placing the order.
The delivery costs vary according to the place of delivery.
Delivery means the transfer of physical possession or control of the Product to the User. If the delivery is not made to a relay point and that the User is unable to receive the delivery during the delivery driver’s first visit, they shall undertake to collect the Products from the place where they are kept, within a maximum period of 15 days from the first visit. After this period, AQUAMAN may consider the User to have definitively renounced the order. The User will be refunded the amount of the price, less delivery costs if applicable. If the User has opted for a more expensive shipping method (e.g. express shipping), AQUAMAN is not obliged to refund the additional cost for the more expensive shipping method.
In the absence of any precise indication in the Product sheet, AQUAMAN shall endeavour to deliver the Products no later than 15 days from the date of the order, unless a different deadline is indicated by AQUAMAN in the order. In the event of AQUAMAN failing to fulfil its obligation to deliver the Product within the period indicated or, failing this, no later than 15 days after the conclusion of the contract, the User may cancel the order, by email, if, after having instructed AQUAMAN to make the delivery within a reasonable additional period on the same terms, Aquaman has not made the delivery within this period. The contract shall be deemed to be cancelled when AQUAMAN receives the email or a written note informing it of this cancellation, unless AQUAMAN has made the delivery in the meantime. The costs of preparation and delivery of the order are communicated in the order summary before confirmation so that the User can fully understand the price they will have to pay. No delivery charges will be applied in the case of an order amount greater than seventy-five (75) euros (including tax) for standard home delivery or access point delivery.
6. Product(s) Availability
We do not guarantee the availability of any Product(s) in the Online Store.
Unless we accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).
7. Compatibility, Product Information
Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.
Payment can be made by credit card (Visa, Mastercard) or Paypal.
All payments will be subject to security checks. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.
9. Transfer of ownership / Transfer of risk
The transfer of ownership of the Seller's products, in favor of the Buyer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said products.
On the other hand, the transfer of the risks of loss and deterioration of the Seller's products will be carried out upon delivery and receipt of said products by the Buyer.
10. Return and refund
Please note that we will only process returns and refunds for Product(s) bought in the Online Store.
Cancellation right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided that you complete the return procedure on our online platform under the my account menu within 15 days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right will expire within 15 days after the date on which you receive the last Product.
In order to exercise your cancellation right and return the products, please refer to the return form on our online platform. Alternatively, you can contact our [Customer Service].
You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) you bought.
Once we have received your online statement to cancel the contract, we will send you a confirmation email.
The products must be returned to AQUAMAN in the original packaging, together with any accessories, instruction booklets, certificates of authenticity, etc., in a saleable condition, at the latest 30 (thirty days) after the date of receipt thereof. For boots and socks in particular, we highly recommend that you try your shoes on a clean floor which would not alter the sole, such as a carpeted surface. Returns of swimwear may be accepted if they have been tried on over underwear. For hygiene reasons, the return may be denied and the item returned to the Purchaser if adhesive protection has been removed or if the article is stained. Products returned after this deadline will not be accepted.
You will bear the direct costs for returning the Product(s).
You must return the Product(s) in their original package. You must include all accessories, user manuals and any free gifts that came in the same package. Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. To ensure fast and secure return we encourage you to follow the given return instructions.
We will refund the price you paid for the Product(s). The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction. The refund can only be requested by the person who placed the order and will be made using the original means of payment. It will be processed (excluding management and shipping costs) within 14 days of receipt of the product (working days) by the Company. This period varies depending on the card issuer and we are unfortunately not able to influence this period
If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), or, 3) with Product(s) missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.
Other return cases: If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer service either via email or by phone for assistance.
11. Warranties and Statutory Rights
11.1 Legal Warranty
Irrespective of any commercial guarantee that may be granted to you, we shall remain liable for defects in conformity of the Product(s) sold by us to you in accordance with the law in force at the place of the order.
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility.
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
In order to be in conformity with the contract, the goods must :
1. be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2. Present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
11.2 Commercial warranty
You benefit from the application of the legal guarantee of conformity of the Products as well as the legal guarantee of hidden defects for a period of two (2) years from the date of their delivery
11.3 Exclusion of warranty
Excluded from these guarantees are damages resulting from the following elements:
- failure to comply with the installation, use and maintenance instructions for the Products,
- use of the Products not in accordance with their intended purpose,
- the deterioration and normal wear and tear of the Products,
- the modification of the Products, or an impact by torsion, compression, fall or abnormal impact of the Product.
- replaceable cells and batteries
- wear parts
11.4 Implementation of guarantees
As part of the guarantees that you benefit from, we commit ourselves according to your choice to :
- to reimburse you in full for the Product (with return of the Product according to the same terms and conditions as in article 5) or to issue a credit note to be used on a future order on our Site corresponding to the amount of the new Product initially purchased,
- repair the Product where possible and send it back to you at the address indicated by you.
If you believe you are entitled to warranty services, please contact our Customer Service Department.
12. Personal Data
On the basis of the execution of the sale contract and our legitimate interest to implement our activities, we inform you that we collect and process your personal for the needs of the management of your order and more generally for the needs of customer relationship management: account creation, order taking, delivery, delivery tracking, payment, management and tracking right of withdrawal, exchange request or return, service request. This personal data is: surname, first name, address, telephone number, e-mail address. This data can be transmitted to the companies that contribute to our relations, particularly the advice shop (for in-store delivery) or other companies in charge of the execution of certain services on our behalf (you will be informed in this case).
In accordance with the law 'Informatique et Libertés' of 6 January 1978 and the General Data Protection Regulation of 27 April 2016, you have the right to access, rectify, erase or limit or oppose the processing of your data, you have the right of portability on your personal data. You may exercise these rights by writing directly to the address indicated below. You also have the right to define general and specific guidelines defining the manner in which you intend to exercise these rights after your death. Finally, you have the right to lodge a complaint with the competent authority.
Your data is kept as long as your customer account is active on the Site. Your data will be erased after 3 years of inactivity unless otherwise prescribed by law. You may request the deletion of your account or some of your data at any time in accordance with the procedure described herein. You can also change your account information directly on the Site. Any account deletion must be made by email to our Consumer Services.
You can exercise your rights by contacting our Consumer Services:
- at the following adress : https://www.aquaman-triathlon.com contact us.
- by mail : Aquaman Service Consommateur- 34 Avenue de Boisbaudran CS 60270- 13344 Marseille cedex 15- France.
Some data is mandatory (indicated by a * in the forms) and you are informed that in their absence, we will not be able to process your requests or orders.
13. Our Liability
We shall perform our obligations under these Terms and Conditions with reasonable care and skill.
There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. As stated above in section 10, you have certain rights as a consumer, including legal rights relating to faulty or misdescribed Product(s). Nothing in these Terms and Conditions will affect these legal rights.
We are responsible only for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control.
You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s)(including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.
We shall not be liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.
We shall use our reasonable endeavours to verify the accuracy of information that is used on the Online Store but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our Online Store as soon as possible after becoming aware of them.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS DO NOT AFFECT (AND SHOULD NOT BE READ TO AFFECT) YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR LIMITED BY CONTRACT.
The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.
We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
In relation to purchases from the Online Store, we will communicate electronically by sending email or otherwise posting electronically.
15. Customer Service
Our Customer Service will assist you with any Online Store order related questions. You can contact us either via email : firstname.lastname@example.org
16. Governing law – Disputes – Mediation
These Terms and Conditions shall be governed and construed in accordance with the laws of the country where the order is made.
The contract between AQUAMAN and the Customer is governed by the laws of France.
In case of a complaint concerning an order or, more generally, in the event of a dispute with Aquaman, the Customer may submit a complaint to Customer Service.
Pursuant to the provisions of the French Consumer Code concerning the amicable settlement of disputes, Aquaman is a member of the FEVAD (Federation of e-commerce and distance selling) e-commerce mediation service, which can be contacted at: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr. Once customers have made a prior written complaint to the Aquaman Customer Service department, the Mediator may be contacted for any consumer dispute that has not been settled successfully.
Click here to learn more about how to contact the mediator: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/.42