General conditions of sale

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company PISCINES DESJOYAUX SA - RCS SAINT ETIENNE 351 914 379 - located at 42 avenue Benoit Fourneyron 42484 La Fouillouse (hereinafter the "Seller") from October 10, 2017 onwards to non-professional buyers wishing to purchase the products offered for sale by the Seller on its website www.laboutique.desjoyaux.fr, namely :

All products, equipment, accessories, maintenance products, furniture, textiles, ornaments, entertainment games, intended for indoor or outdoor or aquatic use.

These conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are accessible at any time on this website and shall prevail, where applicable, over any other version or contradictory document.

Unless proven otherwise, the data recorded by the company PISCINES DESJOYAUX SA constitutes proof of all transactions.

The products presented on this website are offered for sale in the following territories:
Metropolitan France, Corsica, Monaco, Belgium and Italy.

Product offers are subject to availability. Product availability information is provided on the product pages.

Modifications to these General Terms and Conditions of Sale are binding on users of the site from the date they are posted online and cannot apply to transactions concluded prior to that date.

The validation of the order by the buyer (hereinafter the "Buyer") constitutes unreserved acceptance of these General Terms and Conditions of Sale, the Buyer having declared having read and accepted these General Terms and Conditions of Sale before the final validation of the order.

 

ARTICLE 2 – Orders

It is the Buyer's responsibility to select the products they wish to order from the website, according to the following terms:

The Buyer confirms the products they have selected in their shopping cart (they access their order summary and can modify it), then confirms their order. If they already have a customer account, they enter their delivery and billing information on the next screen; otherwise, they create a customer account. The Buyer then accepts the Terms and Conditions and confirms their order.

Finally, the customer pays for the order by credit card or PayPal, or in installments at no extra cost (3 or 4 installments). Payment in installments at no extra cost is only available by credit card.

Payment in 3 or 4 installments by bank card with our partner Floa.

Our financial partner, Floa, offers payment solutions for your purchases of goods and/or services, in 3 or 4 interest-free installments by bank card. These payment solutions are reserved for individuals (adults) residing in France, holding a Visa or MasterCard bank card with an expiry date corresponding to the repayment period. Floa SA, RCS Bordeaux 434 130 423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300), is subject to the supervision of the Prudential Control and Resolution Authority (ACPR), 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09, and registered with ORIAS under number 07 028 160 ( www.orias.fr ).

Floa reserves the right to accept or refuse your financing request; you have the legal right to withdraw. To learn more, click here .

Please note that if you choose to pay for your order of goods and/or services using these payment methods, your personal data will be transmitted to Floa for the purposes of processing your financing request, managing your credit agreement, and, if necessary, debt collection. For more information, click here .

The sale will only be considered final after the Seller sends the Buyer confirmation of acceptance of the order by email and after the Seller has received full payment.

 

ARTICLE 3 – Prices

The products are supplied at the prices in effect on the website at the time the order is registered by the Seller. Prices are expressed in Euros including VAT.

These prices are fixed and non-negotiable during their validity period, as indicated on the Seller's website. They do not include processing, shipping, transport, and delivery fees, which are charged separately.

The invoice is sent to the Buyer as an attachment to the order confirmation email. In addition, the Seller provides the Buyer with a downloadable invoice available in the "My Account" section of the website www.laboutique.desjoyaux.fr for a minimum period of 10 years.

 

ARTICLE 4 - Payment Terms

The price is payable in full on the day the order is placed by the Buyer, by secure payment, according to the following methods: Visa, Eurocard/Mastercard or PayPal bank cards.

The Buyer may also benefit from payment facilities: payment in three or four installments at no extra charge by credit card. The first payment by the Buyer will be made in cash to PISCINES DESJOYAUX SA. Subsequent payments will be made by direct debit to CETELEM (a partner of PISCINES DESJOYAUX SA). The Buyer must provide the Seller with a copy of their identity card and bank account details (RIB).

The Seller will not be obliged to deliver the products ordered by the Buyer if the Buyer does not pay the full price under the conditions indicated above.

Payments by credit card and PayPal are debited at the time of order payment.

Payments made by the Buyer will only be considered final after the Seller has effectively received the amounts due.

 

ARTICLE 5 – Deliveries

The products purchased by the Buyer will be delivered to mainland France, Corsica and Monaco, Belgium and Italy, within a maximum of 30 days after the conclusion of the contract to the address indicated by the Buyer when placing his order on the website.

Except in special cases or if one or more products are unavailable, the products ordered will be delivered in a single shipment.

Information on delivery methods

Deliveries are handled by independent carriers.

The criteria that influence the delivery method are as follows: delivery postal code, nature of products ordered, weight, size and volume of the order.

If the delivery is handled by the carrier GEODIS, the buyer will receive a notification by email and/or SMS when the package(s) are picked up by the GEODIS network. The buyer must then choose a date and time slot for collection in response to this notification. Scheduling is done via a secure web portal in just three clicks (accessible from computers, smartphones, and tablets). If there is no response within three days, the buyer will receive another notification by email and/or SMS. The buyer can choose between home delivery or collection of the package(s) from one of the 110 GEODIS network branches.

In the event of delivery by the carrier COLISSIMO, the Buyer will be notified by email and/or SMS one day before delivery TO HOME, POST OFFICE or RELAY POINT.
For deliveries to PICK-UP STATION lockers, the buyer will be notified by email and/or SMS on the day the package is available for pickup. A reminder email will be sent to the buyer one day after the package is available. If the package cannot be made available at a PICK-UP STATION locker, it will be left at a nearby collection point.

If the package is delivered by Chronopost, the Buyer will be notified by SMS and email of the delivery date as soon as Chronopost takes charge of the package. The Buyer will be notified by SMS and email in case of delivery delays, and will be notified by SMS and email if the package is not delivered. If the Buyer is absent, the Chronopost package will be left at a Chronopost agency, post office, or Chronopost pickup point, depending on the type of contents of the order (if hazardous contents: at the agency; if standard contents: at the nearest pickup point).

Furthermore, the Buyer will be notified by SMS and email if the package is available at a Chronopost agency. Finally, the Buyer will receive an email from Chronopost if they have not collected their package within four days of it being made available at the Chronopost agency, post office, or collection point.

If the package is delivered by FRANCE EXPRESS, the buyer will receive an email and/or SMS notification when the FRANCE EXPRESS network picks up the package(s). The buyer must be present for the delivery. If the recipient is not present, a further email and/or SMS notification will allow them to schedule a new delivery date. This appointment is scheduled via a secure web portal in just three clicks (accessible from computers, smartphones, and tablets). The buyer can choose between home delivery or collection of the package(s) from one of the 110 FRANCE EXPRESS network locations. The buyer may be charged for the latter option.

In the event of delivery by the carrier GEODIS, the buyer has a period of 14 (fourteen) days to make an appointment.

For deliveries made by the carrier COLISSIMO, the Buyer must collect their package within 15 (fifteen) consecutive days for packages delivered to a POST OFFICE or a RETAILER. For packages delivered to a PICK-UP STATION, the Buyer must collect their package within 3 (three) days.

In the event of delivery by the carrier CHRONOPOST, the Buyer must collect his package within 14 (fourteen) days at the post office, and within 8 (eight) days at relay points.

In the event of delivery by the carrier FRANCE EXPRESS and in the event of the absence of the recipient, the buyer has a period of 10 (ten) days to make an appointment.

If the Buyer does not collect the package within the allotted time and the package is returned to the Seller, the reshipping costs will be borne by the Buyer.

Furthermore, if the Buyer changes the delivery address after placing the order, and if this change of address incurs costs for the Seller, these costs may be charged back to the Buyer.

If the Buyer requests specific packaging or shipping conditions for the ordered products that result in additional costs, the Seller will provide a quote for these additional costs. If the Buyer accepts the quote, these costs will be invoiced to the Buyer.

It is the Buyer's responsibility to inspect shipments upon arrival and to make any reservations or claims that appear justified, or even to refuse the package, if it appears to have been opened or shows obvious signs of damage. The package must be inspected in the presence of the driver.

In the event of a problem with the delivery, the Buyer may:

- Or, refuse the delivery (e.g., packaging is very damaged...)

- Either make very precise written reservations on the delivery note, detailing the anomalies (e.g., broken chair, broken glass, etc.) and/or missing items. A precise description of the condition of the package (open, torn, etc.) should be included.

The Buyer must send a detailed letter outlining their reservations, along with photos of the packaging and the product, by registered mail with return receipt requested within 72 working hours to the addresses indicated below:

In case of delivery by GEODIS, 4 Rue Denise Bastide, BP 200, Cedex 1, 42005 SAINT-ETIENNE.

In case of delivery by CHRONOPOST: Chronopost International Customer Service, 10 Place du Général de Gaulle - 92768 ANTONY CEDEX or by fax at 0825 801 802.

In case of delivery by FRANCE EXPRESS, 4 Rue Denise Bastide, BP 200, Cedex 1, 42005 SAINT-ETIENNE.

In case of delivery by COLISSIMO: send a registered letter to PISCINES DESJOYAUX SA, 42 avenue Benoît Fourneyron, CS 50280, 42484 La Fouillouse, Cedex.

In any event, the Buyer must inform PISCINES DESJOYAUX SA in parallel by email.

The Seller will replace, as soon as possible and at its own expense, any delivered products affected by a lack of conformity or whose apparent defects have been duly proven by the Buyer.

 

ARTICLE 6 - Transfer of Ownership - Transfer of Risk

Ownership of the Seller's products will transfer to the Seller upon acceptance of the order by the Seller, thus formalizing the agreement between the parties on the item and the price.

Risk of loss or damage to the goods passes to the Buyer upon physical delivery. Therefore, the goods travel at the Seller's risk.

 

ARTICLE 7 - Right of withdrawal

In accordance with applicable legal provisions, the Buyer has a 14-day withdrawal period from the date of receipt of the products to return them to the Seller for a refund, provided that the products are returned in their original packaging and in perfect condition. Damaged, soiled, or incomplete items will not be accepted.

The return shipping costs will be borne exclusively by the Buyer.

The return of products must be accompanied by the invoice and the return slip (the return slip can be downloaded from the "My Account" section).

The refund will be carried out within 14 days from the day the Seller became aware of the Buyer's decision to withdraw.

The Buyer has 14 days from the date of notification of their decision to withdraw to return the items to the Seller.

 

ARTICLE 8 - Seller's Liability – Warranty

The products supplied by the Seller benefit, in accordance with legal provisions,

- the legal guarantee of conformity,

- the legal guarantee against hidden defects arising from a flaw in materials, design or manufacturing affecting the delivered products and rendering them unfit for use,

- of the commercial warranty detailed below.

Regardless of the commercial guarantee, the Seller remains liable for defects in conformity of the goods to the contract and for latent defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and the legal guarantee of conformity provided for in Articles L.211-4 to L211-14 of the Consumer Code.

Information on legal guarantees:

The Buyer is informed that in the event of non-conformity of the goods to the contract, the legal guarantee of conformity mentioned in Articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the thing sold, mentioned in Articles 1641 to 1648 of the Civil Code, will apply in accordance with the law, the provisions of which are reproduced below.

It is reminded that: When acting under the legal guarantee of conformity, the consumer has two years from the date of delivery of the goods to take action; they may choose between repair or replacement of the goods, subject to the cost conditions stipulated in Article L217-9 of the French Consumer Code; they are not required to prove the existence of the lack of conformity of the goods during the two years following delivery, except for second-hand goods for which this period is six months. For sales concluded before March 18, 2016, this period is six months for all goods. - The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. - The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code; in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

 

Article L217-4 of the Consumer Code

The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.

 

Article L217-5 of the Consumer Code

The property conforms to the contract:

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

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

- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their 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 purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

 

Article L217-16 of the Consumer Code

When the buyer requests the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, to carry out a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.

This period begins from the date of the buyer's request for intervention or the date the goods in question are made available for repair, if this latter date is later than the request for intervention.

 

Article 1641 of the Civil Code

The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

 

Article 1648, paragraph 1 of the Civil Code

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

The commercial warranty granted by PISCINES DESJOYAUX SA begins from the date of invoice for the designated equipment.

The commercial warranty applies under the conditions of the product's user manual.

The commercial warranty only covers the replacement or repair of the defective part.

The commercial warranty does not apply in cases where:

- the equipment would be installed without respecting the instructions or specifications of PISCINES DESJOYAUX SA,

- in the event of improper use, negligence or lack of maintenance by the Buyer, or in the event of intervention by an unqualified repairer,

- when maintenance operations and, in particular, frost protection, are not carried out in accordance with the user manual provided, or if these operations are carried out using products other than those recommended by the manufacturer PISCINES DESJOYAUX SA.

- the alterations observed concern the appearance of the equipment and in particular, colour, stains of any kind, snags or tears occurring during assembly or during use or unpacking.

Also excluded from the guarantee are damages originating from a cause external to the equipment or accessories such as shocks, fires, vandalism, ground movement, storm, hail, attacks, natural disasters, and more generally any cause of force majeure.

Replacing a product does not affect the original warranty period. Therefore, a replacement does not entitle the customer to a new warranty.

However, if the goods are immobilized for at least seven days following repairs to the sold item, this period of immobilization is added to the remaining warranty period on the date of the consumer's request for intervention, or on the date the goods were made available for repair, if later.

The Buyer has fifteen days from the date of their claim to return the photograph and the defective product to PISCINES DESJOYAUX SA. Otherwise, the commercial warranty cannot be activated.

This commercial warranty applies exclusively and specifically to the products and equipment expressly stated in the product description. PISCINES DESJOYAUX SA reserves the right to determine whether repair or replacement of the defective part is necessary.

Details of the commercial guarantees for each product are available on the product pages of the website www.laboutique.desjoyaux.fr.

The Seller's warranty is limited to the replacement or refund of non-conforming or defective products.

As such, the Seller will replace or repair any products or parts under warranty deemed defective. Products sold on the website comply with current French regulations. The Seller guarantees the products' compliance with French regulations.

The photographs and illustrations accompanying the products on the website have no contractual value and therefore cannot engage the Seller's liability.

The Buyer is solely responsible for the choice of products, their storage and their use.

The Seller shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a force majeure event as commonly recognized by French case law. 

 

ARTICLE 9 - Data Processing and Freedoms

The information requested is intended for the company PISCINES DESJOYAUX SA.

The Seller informs the Buyer that this data will be used by its internal departments to process the Buyer's order and issue invoices. Therefore, responses are mandatory. Failure to answer the questions will prevent the Buyer from receiving their order.

In accordance with the French Data Protection Act of 6 January 1978, as amended in 2004, the Buyer has the right to access, modify, rectify, and delete their personal data. This right can be exercised by contacting: PISCINES DESJOYAUX SA, Hotline Department, 42 avenue Benoît Fourneyron, CS 50280, 42484 La Fouillouse Cedex, France. The Buyer may also, for legitimate reasons, object to the processing of their personal data.

 

ARTICLE 10 - Intellectual Property

The content of the site (images, photographs, text, trademarks, logos, etc.) is the property of the Seller and is protected by French and international laws relating to intellectual property.

Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

Furthermore, the Seller retains ownership of all intellectual property rights to the trademarks and designs. The Buyer is therefore prohibited from reproducing or exploiting said trademarks, designs, models, logos, and brands.

 

ARTICLE 11 - Applicable Law – Language – Handling of Complaints – Mediation

Applicable law and language: By express agreement between the parties, this contract is governed by and subject to French law.

It is written in French. In the event that it is translated into one or more languages, only the French text shall prevail in case of dispute.

 

Handling complaints: For any complaint, you can contact customer service at the following address: Desjoyaux Boutique Customer Service – 42 Avenue Benoît Fourneyron – CS 50280 – 42480 LA FOUILLOUSE – Tel: 04 77 36 34 90

You can also contact customer service by email by clicking here .

 

Consumer Dispute Mediation: In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, PISCINES DESJOYAUX SA adheres to the Consumer Mediation Service offered by AME CONSO, whose contact details are as follows: AME Conso, 11 place Dauphine – 75001 PARIS – https://www.mediationconso-ame.com 

You can use the mediation service for consumer disputes related to an order placed with www.laboutique.desjoyaux.fr on the internet .

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing to Customer Service, whose address is indicated above.

After consumers have first contacted customer service in writing, the Ombudsman's Service can be contacted for any consumer dispute that has not been resolved.

To find out how to contact the Mediator: https://www.mediationconso-ame.com 

 

Online Dispute Resolution Platform: In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent, out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed via the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

 

ARTICLE 12 - Buyer's Acceptance

Placing an order on the Seller's website by a natural person (or legal entity) implies full and complete acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Buyer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.