Terms and conditions

Online version at 2024, September 1st

The present Terms and Conditions of Sale apply to the sales defined below and made by the company AQUAMAN SA, a company incorporated under French law and registered under the number 429622707 in the Marseille Trade and Companies Register, having its registered office at 34 AVENUE DE BOISBAUDRAN, 13015 Marseille, France (hereinafter ‘AQUAMAN’), via the website https://AQUAMAN-TRIATHLON.COM.

1.  Conditions of application of these General Terms and Conditions of Sale

These Terms and Conditions of Sale apply solely to purchases made via the Online Boutique of the AQUAMAN-TRIATHLON.com website.

The Online Shop may only be used for lawful purposes and in compliance with the law. You agree to comply with all laws, statutes and regulations applicable to the Online Store and to any transaction conducted via the Online Store.

The PRODUCTS are exclusively intended to be sold to end consumers, ( hereinafter CUSTOMER) as defined by the French Consumer Code, natural or legal persons to the exclusion of all resellers or intermediaries acting on behalf of resellers.

Consequently, the CLIENT declares that it is acting as a final consumer and that it has no intention of reselling the PRODUCTS, directly or indirectly, for commercial purposes. AQUAMAN reserves the right not to accept an order from a non-consumer customer.

The CUSTOMER certifies that he/she has the legal capacity to enter into the commitments provided for herein.

AQUAMAN reserves the right to update these General Terms and Conditions of Sale at any time, it being specified that for any order placed before the entry into force of the new Terms and Conditions, the previous Terms and Conditions will remain applicable. Any order placed on the Site will be governed by the Conditions of Sale applicable at the time your order is validated, to the exclusion of all other conditions. You must therefore read our General Terms and Conditions of Sale each time you make a purchase. These can be consulted at any time by going to the ‘General Terms and Conditions of Sale’ section of the site.

Any order for products implies your unreserved acceptance of these General Terms and Conditions of Sale. Each time you make a purchase on the site, you will be asked to confirm your acceptance of the General Terms and Conditions of Sale in force on the date the order is placed.

By purchasing from https://AQUAMAN-TRIATHLON.COM, you enter into a contract of sale with AQUAMAN (this contract creates obligations for both you and AQUAMAN).

If any provision(s) of these Terms of Sale is (are) held to be invalid, unlawful or unenforceable, such provision(s) 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.

2. Description of the products sold on the site

Each product is the subject of a legible and comprehensible description specifying its characteristics.

AQUAMAN may use texts, photos or videos to describe its products. AQUAMAN makes every effort to ensure that the photos and videos are as representative and faithful to the products as possible in order to offer a satisfactory purchasing experience to its customers. While every effort is made to ensure that the colour and details of the PRODUCTS whose photos are displayed on the Site are faithful to the original products, variations may occur, in particular due to the technical limitations of colour rendering on computer equipment.

 Only the information provided on the online shop site should be taken into account when making your purchase. This applies in particular to compatibility with another product or the suitability of the product for your intended use.

3. Product availability

PRODUCT offers are valid within the limits of available stocks, since at the time the order is validated there may be a difference between the stock available electronically and the existing physical stock (e.g. simultaneous orders). The sale is therefore subject to the availability of PRODUCTS in stock.

In the event that a PRODUCT is unavailable after an order has been placed, we will inform you of this by e-mail to the address given at the time of your purchase as soon as possible, offering you either to accept a longer delivery period if possible, or to cancel your order. AQUAMAN accepts no liability in the event of products being out of stock or unavailable.

With the exception of orders already accepted, we reserve the right, without liability and without prior notice, to change, interrupt or discontinue the sale of any Product.

4. Prices-Delivery costs-Accepted means of payment

4-1 Product prices are quoted in Euros, inclusive of all taxes and excluding delivery charges. The PRODUCTS are invoiced on the basis of the prices displayed on the site at the time your order is placed, subject to availability. All orders are payable in Euros and must be paid for at the time your order is placed.

The prices of Products on the site may be revised at any time, and the new prices will apply to orders placed after the change.

4-2: Delivery costs will be automatically communicated to you before your order is validated on the site. If these costs cannot be calculated automatically on the site, we will inform you of the method of calculation via the e-mail address you have provided, before you place any order.

4-3: Payment for your purchase from the online shop may be made by bank card or credit card (Visa , Mastercard, CB) or any other means of payment offered on the site. Credit card payments are authenticated and secure. At the time of payment, the bank asks for personal information in order to verify the identity of the cardholder and validate the transaction. We cannot be held responsible in the event of refusal or error by the bank or credit institution.

4-4: Your order can only be dispatched once your method of payment has been verified and we have received authorisation to debit your card or the agreement of the bank in the case of deferred or staggered payment.

5. Retention of title and transfer of risks

The PRODUCTS ordered remain the sole property of AQUAMAN until full payment of the price and delivery charges has been received by AQUAMAN. The CUSTOMER therefore acquires ownership of the PRODUCTS when payment of the price has been made and collected by AQUAMAN.

The transfer of risks (loss, theft, deterioration) related to the PRODUCT will take place as of the delivery to the address indicated at the time of the order or as of their collection in the event of withdrawal at a delivery point.

The transfer of risks and the transfer of ownership are therefore dissociated.

6.1 Order procedure

 6-1: Product selection

You can add Products to your selection at any time by clicking on add to basket. You can view your selection by clicking on basket.

6-2 : Identification :

 After selecting the Product(s) click on order to start the ordering process. You can place the order as a guest or you can create a customer account:

- If you already have a customer account you will need to identify yourself at this stage by entering your e-mail address and password.

- If you do not yet have an account, you will be asked to create one by confirming your e-mail address and creating a password.

Your login details and passwords are strictly personal, and you therefore undertake to keep them safe and not to pass them on to third parties. In the event of any fraudulent use of your account, you undertake to inform AQUAMAN.

Creating an account allows you to consult the history of your orders, add or modify your delivery and billing addresses, and manage your newsletter subscriptions.

Unless the CUSTOMER provides proof to the contrary, the data recorded by the Site constitutes proof of the nature, content and date of all transactions. You may deactivate your account at any time by sending an e-mail to the customer service department.

6-3 Validation of the delivery method

You must validate your delivery method and complete and check the information required for the correct dispatch of your order.

6-4: Validating payment for the order

You are invited to select your method of payment: credit card, Paypal, or any other payment method offered on the site. At the end of the order process described above, and after having accepted all of these general terms and conditions of sale and use of the Site, click on the ‘Pay’ button. All payments will be subject to security checks.

Consequently, our services may contact you in order to confirm your order information and order data such as proof of your address, proof of address in the name of the person indicated for the delivery address, etc.

6-5: Order confirmation by e-mail

After receiving your order, we will send you an order confirmation by e-mail containing your order number and details of the Product(s) you have ordered. AQUAMAN reserves the right not to accept an order if the CUSTOMER has breached these general terms and conditions of sale or has engaged in fraudulent activity or for any other legitimate reason.

The order confirmation e-mail constitutes proof of your purchase, so please keep it.

6-6 : Your invoice will be sent by e-mail . We do our utmost to ensure that our communications arrive in good time.  You can also download your invoices from the orders section of your personal account.

7. Delivery

When placing an order, the CUSTOMER chooses the place to which he/she would like the Products ordered to be delivered. Delivery is made to the address indicated by the customer when placing the order, whether this is a personal or business address or a relay point, depending on the options offered on the Online Boutique.

If we are prevented from meeting the deadlines by a case of force majeure or a fortuitous event as defined by French case law or by a foreign cause, in particular a fault attributable to you, the delivery deadline is automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and end of such impediments. If the impediment lasts for more than four (4) weeks, you may cancel the order automatically, without this giving you the right to payment of compensation.

7.1. Home delivery

The Products are delivered to the address indicated by you during the order process, within the time indicated on the payment page before validation of the order and in the order confirmation email. Delivery times vary according to the delivery method chosen and are given for information only. The delivery period runs from receipt of your payment. The maximum delivery time will be 30 days if the delivery time was not indicated when the order was placed, as defined in the French Consumer Code.

In the event of a delay in delivery, you will be informed by our Customer Service department, which will inform you of the new planned delivery date. Under no circumstances will we be held responsible for delays in delivery caused by you providing an incorrect or incomplete address or by the customer being unavailable.

In the event of delivery by a carrier requiring an appointment, the carrier will contact you as soon as possible to arrange a delivery date. The delivery period may not exceed thirty (30) days from the date of validation of the order.

Delivery is made when the order is received at the address you indicated when you placed the order.

You must notify the carrier of any reservations about the Product delivered (for example: damaged package or product, already opened, etc.). These reservations must be expressly indicated on the delivery note.

If after 30 days your parcel has not been delivered, you may cancel your order and request a full refund free of charge. To do this, please contact us by telephone on 04.91.09.81.29 or by e-mail at client@aquaman-swimming.com.

7.2. Point-relais delivery

When this delivery method is selected, the Products are delivered to the Delivery Point whose contact details and opening hours are given in the order confirmation email within the time period indicated on the order summary.

In order to collect your Product, you must go to this Delivery Point and provide proof of identity and the order confirmation email.

Delivery takes place when you receive the order at the Point-Relais.

The Product is kept by the Point-relais for a period which varies according to the Point-relais chosen and which is indicated on the email confirming delivery to the Point-relais. We would therefore like to draw our customers' attention to these time limits, as at the end of this period, if you have not taken possession of the Product, the sale will be cancelled and we will send you an email to inform you of this. In this case, we undertake to reimburse you for the sums paid within fourteen (14) days of sending you this email.

You must notify the Point-Relais of any reservations you have about the Product delivered (for example: damaged package, already opened, etc.). Any reservations must be expressly indicated on the delivery note.

If we are prevented from meeting the deadlines by a case of force majeure or an act of God as defined by French case law or by an external cause, in particular a fault attributable to you, the delivery deadline will be automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and end of such impediments. If the impediment lasts for more than four (4) weeks, you may cancel the order automatically, without this giving you the right to payment of compensation.

With the exception of orders already accepted, we reserve the right, without incurring any liability and without prior notification, to change, interrupt or stop the sale of any Product.

8 . Defects, late delivery and damage on delivery.

Any defect or delay in delivery in excess of the time limits mentioned must be reported to our customer service department as soon as possible.

You must check the conformity of the PRODUCTS at the time of delivery and indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomalies noted (open package, damaged product, etc.). If you note at the time of delivery that the product has been damaged, we advise you to refuse delivery (whether in a relay point or at home) and to notify us in writing of the reasons for your refusal. You must then send a detailed e-mail (photos, method of delivery, problem found) as soon as possible to the AQUAMAN customer service department to inform them of your refusal to accept delivery.

If you notice that the goods are damaged and after having made reservations on the delivery note and having nevertheless accepted the delivery, you must send a registered letter to the carrier within three days confirming your reservations. If the carrier has not given you the opportunity to check the condition of the parcel (letterbox, garden, etc.), you then have 10 days in which to inform the carrier by registered letter of the defects found (Art L 224-65 of the Consumer Code).

If you do not comply with this formality (sending a registered letter within 3 or 10 days), action against the carrier is no longer possible. (Art L 133-3 of the French Commercial Code).

9. Transfer of ownership / Transfer of risks

The transfer of ownership of the Vendor's products to the Buyer will only take place after full payment of the price by the Buyer, regardless of the date of delivery of the said products.

‘Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter or a third party designated by the latter takes physical possession of the goods’ (Article L216-2 of the French Consumer Code). As soon as the delivery has been made, whether by collection from a parcel point, personal delivery or delivery to a letterbox, the risks of loss or damage are borne by the CUSTOMER.

10. Right of withdrawal

We would like to draw your attention to the fact that we will only process returns and refunds for Product(s) purchased via our online shop (website https://www.aquaman-triathlon.com).

10-1 Right of withdrawal and withdrawal period:

In accordance with the provisions of articles L.221-18 et seq. of the French Consumer Code, you have the right to withdraw from the contract without giving any reason, within a period of (14) days from receipt of the Product(s) ordered. Exercising this right will automatically result in the cancellation of your order.

10-2 Restrictions on the right of withdrawal

The Customer is expressly informed and accepts that, pursuant to article L 221-28 5 of the French Consumer Code, he/she may not exercise any right of withdrawal for the purchase of the following goods :

- goods made to the consumer's specifications or clearly personalised ;

- goods likely to deteriorate or expire rapidly;

- goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- goods which, after delivery and by their nature, are indissociably mixed with other items;

10-3: How to exercise your right of withdrawal:

To exercise your right of withdrawal, you must notify us of your decision either from your customer account, or by completing the withdrawal form available below or by expressing on plain paper your unambiguous wish to withdraw and send it by e-mail to the following address: client@aquaman-swimming.com or by post to the following address: AQUAMAN Service boutique en ligne, 34 Avenue Boisbaudran 13015 Marseille.

You then have a maximum of fourteen days, following communication of your decision to withdraw, to send us the product(s) in accordance with Article L. 221-21 of the French Consumer Code.

Products must be returned to us in new condition (unused, unworn, unwashed, etc.) with their labels and in their original packaging with all documents such as instructions. They must be accompanied by a copy of the corresponding purchase invoice. The Products must not have been used and must not be Products excluded from the right of withdrawal in accordance with the provisions of the Consumer Code. The Customer is deemed to be responsible in the event of deterioration or loss of the Products when they are returned and AQUAMAN cannot be held responsible in the event of loss, theft, damage or delivery to the wrong address. We strongly advise you to take out the insurance offered by the carrier for your return.

10-4: Consequences of the right of withdrawal: When exercising the right of withdrawal or in the event of non-conformity of the Product, you may return the Products purchased and request reimbursement.

Pursuant to Article L221-24 of the French Consumer Code, once you have exercised your right to cancel, you will be reimbursed for the full amount of the price paid for the Product returned, as well as the delivery costs, excluding the return costs, which remain at your expense (packaging, postage). The refund will be made using the same method of payment that you used to make the purchase, unless you agree to be refunded by another method of payment that does not incur any additional costs for you.

Please note that we are not obliged to refund any additional costs if you have chosen a delivery method that is more expensive than the standard delivery method offered.

The refund will be deferred until the Customer has received the Product(s) returned to AQUAMAN. The refund can only be requested by the person who placed the order. Please note that your bank may take up to 10 working days to issue a refund to your card.

No penalty will be applied. You will only be responsible for the direct cost of returning the unused and undamaged Products.

11. Legal Guarantees

The Products sold by AQUAMAN are subject to the general conditions of the legal warranties set out in articles L211-4 to L211-13, L217-4 to L217-14 of the French Consumer Code and articles 1641 to 1648 of the French Civil Code, to the exclusion of any other warranty.

11-1 Legal guarantee of conformity (L 217-4 to L 217-14 , L 211-4 to L211-13 of the French Consumer Code)

AQUAMAN shall deliver to you a Product in conformity with the contract and free from defects in conformity at the time of delivery of said Product, in the sense that the Product shall be fit for the use usually expected of a similar good and that it shall have the characteristics described at the time of sale. AQUAMAN shall therefore be liable for any lack of conformity resulting from the packaging, the assembly instructions and the Product, in accordance with the provisions of the French Consumer Code.  This guarantee may only be invoked within two years of delivery of the Product. You may choose between repairing or replacing the Product unless one of these options is impossible (product no longer on the market, repair at a manifestly disproportionate cost). Repairs entail an additional 6-month warranty extension for the benefit of our Customer.

This guarantee of conformity cannot be implemented if the original Product has been modified by the Customer, has been repaired previously by non-approved centres and/or with spare parts that are not AQUAMAN brand. In general, any modification of the Product, any abnormal use of the Product, any failure to maintain and check the Product will have the effect of excluding the guarantee of conformity. See article 11-3 below.

 Extracts from the French Consumer Code

Art. L. 211-4. ‘The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.

Art. L. 211-12. ‘Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods’.

Art. 211-5 ‘To conform to the contract, the goods must :

1. Be fit for the purpose normally expected of similar goods and, where applicable :

-correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

-have the qualities that a purchaser may legitimately expect having regard to the 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 attention of the seller and accepted by the latter’.

Article L217-4 of the French Consumer Code

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the French Consumer Code

Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the The goods conform to the contract:

1° If it is fit for the purpose normally expected of similar goods and, where applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 Consumer Code

Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

We draw your attention to the need to comply with the recommendations given in the Product's instructions for use. This applies in particular to conditions of storage, maintenance and exposure to UV rays, failure to observe which could lead to deterioration of the Products.

11-2 Guarantee against hidden defects (articles 1641 to 1648 of the French Civil Code)

AQUAMAN shall deliver to you a Product free from hidden defects that would make it unfit for the use for which it was intended, or that would so diminish this use that you would not have acquired it or would have given a lesser price for it. You are therefore entitled to a guarantee against hidden defects, which can only be invoked within two years of the discovery of the defect and within a maximum period of 5 years from the date of purchase.

In the event of a hidden defect, you will have the choice of being reimbursed for the product and the costs incurred (shipping) or keeping the Product and having part of the price returned to you. In all cases, it will be up to you to prove the existence of the defect at the time of sale.

Extract from the Consumer Code and the Civil Code

Art. 1641. ‘The seller is liable for any latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

-Art. 1648 - paragraph 1. CC‘ The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.

-Article 1641 CC

The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

-Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

We would draw your attention to the need to comply with the recommendations given in the Product's instructions for use. In particular with regard to storage conditions, maintenance and exposure to UV rays, failure to comply with which could lead to deterioration of the Products.

11.3 Warranty exclusions

Damage resulting from the following is excluded from these warranties:

- failure to comply with the instructions for installation, use and maintenance of the Products,

- use of the Products for purposes other than those for which they were intended,

- deterioration and normal wear and tear of the Products,

- modification of the Products, or impact by twisting, compression, dropping or abnormal impact of the Product,

- replaceable batteries

- wearing parts

11.4 Implementation of warranties

Under the warranties from which you benefit, we undertake to :

- repair the Product where this is possible and return it to you at the address indicated by you.

- refund you in full for the Product (with return of the Product) or issue a credit note to be used on a future order on our Site corresponding to the amount of the new Product initially purchased,

 In the event of a lack of conformity or hidden defects, you must contact AQUAMAN's customer service department before returning the Products, at the following e-mail address: client@aquaman-swimming.com, who will tell you what procedure to follow.

12 After-sales service and availability of spare parts

Any Product that is technically repairable benefits from an after-sales service. For any repairs, please contact our customer service department or any authorised AQUAMAN retailer.

In accordance with article L111 al 1 of the French Consumer Code, AQUAMAN informs you that it cannot guarantee the availability of spare parts for all Products. AQUAMAN will do its utmost to satisfy its customers in the event of a request for one or more spare parts.

13. Liability

In no event shall AQUAMAN be liable for any damages that are not the result of a breach by AQUAMAN of any of its obligations set forth in these Terms and Conditions of Sale.

These Terms and Conditions of Sale set out all of our obligations and liabilities in relation to the supply of the Product(s). To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, and all conditions or stipulations other than those expressly stated in these Terms of Sale. More specifically, we are not responsible for the suitability of the Products for the purposes for which you intend them to be used (if these are different from ‘normal’ uses and/or purposes) unless you have informed us of such purposes at the time of concluding the sales contract and we have accepted them.

Although we will use reasonable endeavours to check the accuracy of the information we publish on the Online Shop, we do not warrant that the Online Shop will meet all your requirements or that it will be uninterrupted, slow or error-free, or that any defects will be corrected, or that the site or server that makes it available will be free of viruses or bugs or that the Online Shop will be fully functional, accurate and/or reliable. We shall not be liable for any loss of content or material downloaded or transmitted via the Online Shop.

We shall not be liable, whether in contract, tort or otherwise, for any loss of revenue, loss of profits, loss of contracts, business or anticipated savings, loss of data, loss of goodwill or reputation or any other type of indirect or consequential damages or for any damages whatsoever. However, nothing in this Section shall affect your rights and nothing in these Terms of Sale shall exclude or limit any liability which cannot be limited or excluded under applicable law.

 THESE TERMS OF SALE DO NOT AFFECT YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR CONTRACTUALLY LIMITED.

14. Consumer Customer Service

Our Consumer Service will assist you with any questions relating to orders on our Online Shop. You can contact our Consumer Service by e-mail at the following address client@aquaman-swimming.com or by telephone on +33( 0)4.91.09.81.29.

15. Applicable law - Disputes - Mediation

These conditions are subject to French law.  In the event of a dispute, AQUAMAN and the Customer shall attempt to resolve it amicably.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, AQUAMAN subscribes to the FEVAD (Fédération du e-commerce et de la vente à distance) Consumer Mediation Service, whose contact details are as follows:   Médiateur de la consommation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - http://www.mediateurfevad.fr. After the CUSTOMER has first contacted AQUAMAN in writing, the Mediation Service may be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediation Service, click here.

Recourse to mediation is an alternative mechanism which is not a prerequisite for recourse to the courts.