GENERAL CONDITIONS OF SALE

The online store http://www.la-boutique-des-animaux.fr is developed by the company Aquariosud.
Registration on the company's website constitutes unrestricted acceptance of these general conditions.
Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document.
He also acknowledges having read the "delivery and return" conditions.

The online store set up by the company AquarioSud, within the framework of the website, mentions the following information:

• Legal notice allowing precise identification of the company AquarioSud.
• Presentation of the main characteristics of the goods offered.
• Indication of the sales price including VAT, any ecotax and delivery costs in Euros.
• Indication of payment and delivery terms.
• The existence of a right of withdrawal.
• All of this information is presented in French. The consumer declares that he/she has full legal capacity to enter into a commitment under these general conditions.

Article 1: Purpose

These general terms and conditions of sale apply to all orders placed on the website www.la-boutique-des-animaux.fr
AquarioSud reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of a modification, the general terms and conditions of sale in effect on the day the order is placed will apply.

Article 2: Entry into force - duration

These general conditions come into force on the date the order is placed by the consumer and are concluded for the duration necessary for the supply of the goods subscribed to, until the expiration of the guarantees owed by the company AquarioSud.

Placing an order on the website http://www.la-boutique-des-animaux.fr of the company AquarioSud, regardless of the amount, payment method or delivery method, constitutes acceptance of all of these general terms and conditions of sale.
Furthermore, when registering - mandatory to place an order on the site - the consumer acknowledges having read the general conditions of sale of the company AquarioSud.

Article 3: Electronic signature

The process of placing an order carried out by the consumer constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

Article 4: Order confirmation and invoicing

Contractual information will be confirmed by email at the latest at the time of delivery or, failing that, to the address indicated by the consumer in the order.
The invoice for each order shipped is available and printable from the customer's personal account.

Article 5: Proof of the transaction

The computerized records, stored in the AquarioSud company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments 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 6: Product Information

The company AquarioSud presents, on its website, the products for sale with the necessary characteristics which allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to purchase.
As products are constantly evolving, it is possible that some photos do not exactly represent the latest evolution of the product, hence the notion of "non-contractual photo".

The offers presented by the company AquarioSud are only valid within the limits of their display on the online store.

Article 7: Price

All our prices are indicated on the site in euros and are inclusive of all taxes (TTC). Prices take into account the mandatory eco-participation. They are only valid on the date the order is placed by the consumer. They do not take into account delivery and packaging costs, invoiced in addition, and indicated before validation of the order. Payment of the full price must be made at the time of ordering. At no time can the amounts paid be considered as a deposit or down payment.
Aquariosud reserves the right to modify its prices at any time.

Article 8: Payment method and security

To pay for their order, the consumer has the choice of all the payment methods mentioned in the ordering process. Orders are processed in the order in which payments are received. If the latter is "by check", the order will be processed upon receipt of the latter. It may happen that in the meantime, other orders for the same products are placed by other customers. In this case, it may happen that products are no longer available upon receipt of the check. Aquariosud cannot be held responsible for a longer processing time due to a product shortage.
The consumer guarantees AquarioSud that he/she has the necessary authorizations to use the payment method chosen by him/her, when validating the order form. AquarioSud reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by the financial institutions concerned or in the event of non-payment. AquarioSud reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully paid for a previous order or with whom a payment dispute is currently being administered.

- Payment methods by credit card:
1/ Payment is made online by credit card (Carte Bleue, Visa, and MasterCard). Payment is made on the secure banking server of our partner Société Générale. This means that no banking information is transmitted via the website www.la-boutique-des-animaux.fr. Payment by credit card is therefore completely secure. The order will be recorded and validated as soon as the payment is accepted by the buyer's bank.*

- Security:
Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. Aquariosud has no access to these details and does not store them on its servers. This is why they are requested again for each new transaction on our site.

- Retention of title clause:
The products remain the property of Aquariosud until full payment of the order by the customer.

- Default of Payment:
Aquariosud reserves the right to refuse to make a delivery or to honor an order from a consumer with whom a payment dispute is currently being administered.

- Anti-fraud controls:
Aquariosud monitors all orders placed on its website. These checks are designed to protect Aquariosud from fraudulent practices. Payments made by credit card holders are limited to three orders per 24-hour period.

As part of these procedures, our services may ask you for all the documents necessary to release your order: proof of address and debit in your name, etc. These requests are made by email, then by registered mail. The information provided in the order form is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat credit card fraud. Failure to transmit the data from your order form prevents the completion and analysis of your transaction. The occurrence of an unpaid amount due to fraudulent use of a credit card will result in the registration of the details of the order form associated with this unpaid amount in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose all of your personal data at any time by writing, by post and providing proof of your identity, to Aquariosud – Data Protection Department – 11 rue Notre Dame des Dunes – 85220 LA CHAIZE GIRAUD

Article 9: Availability of products

The availability of products offered for sale on the online store is indicated on each description sheet and given for information purposes only. It is possible that a stock error (human error, damaged or expired product) may result in incorrect information.
In order to be transparent with our customers, information is available in the "technical sheet" tab of each product.

The indicated supply time does not take into account the delivery time applied by our partners to the end consumer, nor any unforeseeable and exceptional delays by suppliers. It is indicated in working days, i.e. from Monday to Friday and public holidays are not taken into account.
This period may be extended during holiday periods or summer vacations when suppliers are staffed with reduced staff or closed, such as the period between Christmas and New Year's Day.

Due to holiday periods, some of our suppliers are closed. The availability period indicated may be extended by 4 weeks (August, in general) and 2 weeks for the Christmas and New Year period.

Products marked "in stock" are considered available and shipped within 48 working hours maximum, provided that all products in the order are kept in stock and in sufficient quantity.
The mention "in stock" stipulates that a quantity, generally less than 5 (five) is kept in our stock and this, for any product less than 5 euros.

It may happen that a product said to be "in stock" is not available in the quantity requested by the customer.
It is then indicated on the product sheet, "in stock", "out of stock" or any information stipulating that the requested quantity is not available.
Therefore, the company AquarioSud cannot be held responsible for supply times sometimes exceeding 3 (three) weeks for orders with a quantity greater than 5 (five) identical products.

The availability of a product, as indicated (e.g.: availability within 3 days) is only applicable for small quantities (less than five times the same reference). For quantities greater than 5, a specific order is generated with one of our suppliers and will therefore not be covered by article 16 of these general terms and conditions of sale (GTC).
We strongly advise you to contact us as soon as you wish to order a product (same reference) in a quantity greater than 5 times (five).

When a product is out of stock, the supplier will provide us with a provisional availability date. This date is for informational purposes only and cannot be used to determine when it will be available in our stock.
The date may be modified according to information provided by the supplier or manufacturer.

EHEIM MP brand aquariums are generally made to order and have delivery times ranging from 3 to 6 weeks. Stock management for the EHEIM MP range is therefore not applicable.

AquarioSud cannot be considered to have failed in its obligations under the sales contract if a permanent stock shortage or one without a reasonable replenishment period occurs at one of its suppliers for any reason. A substitute product of equivalent value will then be offered to the customer.

After the legal period of 14 days granted, if on an order of several products, one of them is not available quickly, or even stopped, the customer will be applied a total refund of the order according to the conditions of article 17.

Article 10: Delivery terms

At the beginning of the ordering process, the consumer has the choice of carriers offered by the company, taking into account the shipping constraints of the products: weight, size and fragility. Packages shipped by AquarioSud are automatically insured against theft and breakage.

The selected carrier is given for information purposes only and may be changed without prior notice to the customer. However, the delivery conditions remain unchanged (for example: a customer chooses home delivery; the delivery will be made to the customer's home, unless otherwise notified).

It is imperative that you correctly and accurately fill in all fields relating to your address and personal contact details (name, delivery address, telephone number, email). The customer is responsible for the information provided.

If there is an error or omission in the delivery address, making it impossible to deliver your order, you will be held responsible and no refund will be issued. You will also be responsible for the cost of returning your order.

Aquariosud cannot be held responsible for loss or non-delivery of goods, often due to incorrect delivery information. The consumer will have to pay the delivery costs again if the ordered goods have to be shipped a second time due to their return to our premises.

In the event of non-receipt of the goods , despite the conformity of the delivery information indicated when placing the order, the consumer must notify Aquariosud no later than 30 working days after the date of dispatch of the order.
However, Aquariosud cannot be held responsible for late delivery (lost parcel, delivered to the wrong relay point) and no refund will be made while a dispute procedure with the carrier concerned is in progress (delay varies from 1 to 2 months).

If the customer, after having been informed by a delivery notice or by electronic means (Mail or SMS) and depending on the carrier's conditions available --> here , the package(s) will be automatically returned to our premises.
In this specific case, administration fees, with a minimum amount of €10 including tax or 10% of the order amount including tax, as well as return costs will be charged to the refundable amount of the order, without the customer being able to reserve a right of withdrawal, in accordance with the provisions of article L121-20-2 of the consumer code.

Pandemic - COVID-19

In accordance with the various decisions taken by the government and to comply with public health resolutions, the company will process orders but no packages will leave our premises, for deliveries to closed relay points.
Unless there are last-minute changes or technical problems, home deliveries will continue, subject to the availability of all products in the order being in stock.
In order for this solution to work and strengthen your security and that of the delivery people, it is imperative that you provide your email address and mobile number.
This information will facilitate contactless delivery and optimize alerts and information via SMS and email.
We are waiting for a return to normal decided by our political power in place.

Article 11: Free postage

The term " Free shipping " is applicable for certain products and under certain conditions, for an order:
- Some products benefit from free delivery, without the conditions defined below.
- For purchases over 69 euros including tax for a parcel weighing less than 4 kg ((Chronopost Relais Pickup - Delivery to a relay point)
- For purchases over 180 euros including tax for a package not exceeding 3 kg (La Poste - Colissimo at home)

Fragile or heavy products such as lighting strips, neon lights, sand, sea salt, stones, tanks, furniture and aquariums will incur special pricing, depending on their weight and destination.

Article 12: Delay in delivery

When your order is shipped, you will receive a shipping confirmation email within a maximum of 48 hours after it leaves our warehouse.
The delivery times provided are the average times observed by carriers. We cannot be held responsible for any delays in delivery.

Article 13: Dispute upon delivery

In the case of delivery by La Poste / Colissimo or Mondial Relay , the consumer must have a "Damage Report" drawn up if the package is received in a visibly unreasonable condition (impact, crushed or folded cardboard).
The consumer will then send Aquariosud a copy of the document obtained in order to replace the damaged goods.

If one (or more) product(s) is received damaged, the consumer must notify Aquariosud by email on the same day as receipt of the goods, and before midnight.
Our company will ensure replacement after the return (at the customer's expense) of the products concerned or after simple receipt of proof of deterioration, as indicated below.

Procedure to follow:
The customer or the recipient of his order must send the complaint to the sender (Aquariosud / La Boutique Des Animaux), on the same day of delivery, before midnight, including:
• The description of the problem encountered on the product received, directly by email to this address: sav@la-boutique-des-animaux.fr
• The same day before midnight.

Evidence to provide:
• Photos of the delivered goods,
• Photos of the damage,
• Photos of the packaging,
• Photos of the transport label
• Proof of reporting receipt of a damaged package to the carrier

In the case of delivery by a carrier (Aquarium, furniture, lighting, heavy and/or fragile products), any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature.

The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within three working days of the delivery date, setting out the said complaints. The consumer must send a copy of this letter by E-MAIL or by regular mail to AquarioSud.

Any damage not reported on the delivery slip, when collecting a parcel from a relay point (Colissimo or Mondial Relay) or during delivery by carrier, cannot be the subject of any claim by the consumer.

Article 14: Delivery error

The consumer must submit to AquarioSud on the same day of delivery or at the latest on the first working day following delivery any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information appearing on the order form accompanying the goods. Any claim submitted after this deadline will be rejected.
This complaint must be made to AquarioSud by email.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the company AquarioSud from any liability towards the consumer.

Upon receipt of the complaint, AquarioSud will send the consumer a prepaid return slip by email, which the consumer will affix to the returned package, packaged in such a way that the products are fully protected given their specific characteristics. It is imperative to return the entire product, including instructions and accessories. No returns will be accepted without prior notification to AquarioSud.

Shipping costs are borne by AquarioSud, except in the case where it turns out that the returned product does not correspond to the original declaration made by the consumer in the return slip.

Article 15: Product warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. The consumer is expressly informed that the company AquarioSud is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer of the product may be sought by the consumer, on the basis of the information appearing on the packaging of said product. The conditions and duration of the producer's guarantee are indicated on the product sheets or, where applicable, on the packaging or instructions for use of the product.

Any defective equipment, during its warranty period, must be returned to us at a specified address after we have responded to your request for replacement under warranty, using the form available by clicking " here " .
It is "imperative" to have our agreement for any return because most often the fault can be resolved by telephone.
Any material returned without contacting us will not be accepted and may be refused.

In the event of a return of functional equipment, a flat-rate charge of €19.90 including VAT is invoiced to the Customer. The consumer is therefore invited to check carefully before any return that the problem is not the result of incorrect installation or handling.

Article 16: Right of withdrawal

In accordance with the provisions of Article L121-20-2 of the French Consumer Code, the consumer has 14 days to return, at their own expense, products that do not suit them. This period begins on the day the consumer's order is delivered. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

Any cancellation of an order or return of a product must be reported in advance to AquarioSud's Customer Service by e-mail, via the " contact us" section or by clicking " here " then on " Order withdrawal form ".
The product must be returned to the company within 15 days of its receipt date by tracked or registered parcel, accompanied by a "return agreement" drawn up by our sales department.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, used or whose original packaging has been damaged, will not be refunded or exchanged. This right does not apply to aquariums and furniture, due to their specific packaging.

In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid (excluding delivery costs) or an exchange of the product. In the case of an exchange, reshipping will be at the consumer's expense.

In the event of exercising the right of withdrawal, for an order not shipped and not having resulted in a "specific" order, the customer must make the request using the withdrawal form.

AquarioSud will make every effort to refund the consumer within 14 days. However, given the technical nature of the products sold, this period may be extended to 20 days, particularly when the product requires technical verification.
The consumer will then be reimbursed for the amount of their returned purchase, excluding delivery costs and management fees, by the payment method used, namely transfer to their bank account (secure transaction), payment by credit card, by bank check or by purchase voucher if they wish.

In accordance with the provisions of Article L121-20-2 of the Consumer Code, consumers may not under any circumstances claim to exercise any right of withdrawal for orders of:
- all products clearly personalized or made according to their specifications or clearly personalized;
- all products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly;
- audio or video recordings or computer software when they have been unsealed by the consumer;
- newspapers, periodicals or magazines;
- all products ordered and resulting in a specific order because they are not available in the requested quantity

Article 17: Fees for withdrawal by PAYPAL or Bank Card payment (ALMA payment included)

Selling on the internet is considered to be distance selling under Article L.212-16 of the Consumer Code.
Cancellation by the customer of an undelivered order, within a period of less than 30 days after full payment, whatever the reason, will result in management fees (order management, order cancellation, bank or Paypal commission fees).
- A management fee corresponding to 10% (ten percent) of the total amount including all taxes of the order (amount including tax) will be charged for each refund, with a minimum of 10 euros.
- For any payment in several installments (ALMA Payment Method), the administration fees (Difference between the customer's payment and the payment made by ALMA) remain the responsibility of the customer.

Refunds can only be made after full payment of the order. They will be made by a refund to your payment method used (Bank Card, PayPal) or by bank transfer (RIB to be attached with the refund request).

Article 18: Duration of a credit note issued by our company

When a customer contacts us to return one or more products within a period exceeding 14 days (Art. L121-20-2 of the Consumer Code), we reserve the right to take back one or more items.
Return costs remain the responsibility of the customer and the package must be sent with acknowledgment of receipt.
We issue, within 2 to 3 working days, a credit note for the amount predefined by the company Aquariosud / Lbda, upon receipt of the goods.

This amount must be used within 6 (six) months, from the date of issue and in full when placing a new order, excluding delivery costs.
We do not accept partial use of credit.
In the event of non-use within the period indicated, the customer will not be able to request a refund or another credit of the same amount and no recourse will be possible according to Art. L 110-4 of the Commercial Code).

Article 19: Transfer of ownership

The products offered and sold by the company AquarioSud remain its sole property until full payment of the goods by the consumer.

Article 20: Force majeure

Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten working days of becoming aware of them. The two parties shall then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue.
If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 21: Partial non-validation

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 22: Applicable law

These general conditions are subject to French law. This applies to both substantive and formal rules.
In the event of a dispute or complaint, the consumer will first contact AquarioSud to obtain an amicable solution.

For reasons beyond our control, a computer error (price, delivery charges not applied) may occur when placing your order.
As selling at a loss is prohibited, we will be obliged to cancel your order and issue a full refund.

Article 23: Information Technology and Freedoms

The information requested from the consumer is necessary for processing his order and may be communicated to the contractual partners of the company AquarioSud involved in the execution of this order. In accordance with the Data Protection Act (article 34) of January 6, 1978, the consumer has the right to access, modify, rectify and delete his personal data.

Article 24: Price alignment - "We're aligning" offer

Below are the conditions for price matching with a competitor's store. To benefit from the "Let's align" offer, you must contact us via this form BEFORE placing an order. Any price matching request after placing an order will not be considered. The conditions for one of our prices to be aligned with the price of the same product from a competitor are as follows:

- the competing product must be on sale in a French online store, whose head office is in France.
- the price of the competing product must not be on promotion, on sale or sold at a loss.
- the product must be strictly identical to ours (same manufacturer, same model).
- the competing product must be sold new and in its original packaging.
- the competing product must be offered under the same terms and delivery time.