GENERAL TERMS AND CONDITIONS OF SALE
HAPY SARL
1. SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company “HAPY SARL”, a limited liability company whose registered office is located at Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS, RCS Montpellier no. 409 301 082 (hereinafter the “Seller”) with professional and private buyers (hereinafter the “Clients” or the “Client”), wishing to purchase the products offered for sale by the Seller (hereinafter the “Products”) and as referred to in the Appendix.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Clients.
The General Terms and Conditions of Sale may be supplemented by specific conditions or a quotation or purchase order submitted to the Client for acceptance before any transaction with them.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or through other distribution and marketing channels.
As the General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client’s purchase is the one in force on the date the order is placed / the date of signature of the quotation/purchase order or specific contract by the Client.
2. PRODUCTS OFFERED FOR SALE
The Products offered for sale are those identified in the current catalogue or on the website www.aquavie.fr http://www.aquavie.fr. This list is subject to change and may be updated depending on the Products offered and available stocks.
The main characteristics of the Products, including specifications, illustrations and information on the dimensions or capacity of the Products, are presented in the current catalogue or on the website www.aquavie.fr http://www.aquavie.fr.
The Client is required to read them before placing any order and before signing any quotation/purchase order or specific contract.
The choice and purchase of a Product is the sole responsibility of the Client.
The photographs and graphics presented, whether in the current catalogue or on the website [www.aquavie.fr](http://www.aquavie.fr), are not contractual and shall not incur the liability of the Seller.
The Client must refer to the descriptions and instructions of each product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed no later than at the time the order is validated by the Client.
The Products are offered for sale through an order process without geographical limitation.
In the event of an order to a country other than mainland France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and the French overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Client.
3. VALIDITY PERIOD OF THE PRODUCT OFFER
Product offers are valid within the limits of available stocks. By countersigning or validating the purchase order/specific contract by email, the Seller nevertheless guarantees the Client the availability of the Product they are ordering.
4. SELLER’S CONTACT DETAILS
The Seller’s contact details are as follows:
SARL “HAPY”
SIREN: 409301082
Registered office: Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS
Email address: contact@aquavie.fr](mailto:contact@aquavie.fr
In accordance with the French Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the client has, at any time, as indicated below, a right of access, rectification, objection, erasure and portability of all their personal data by writing, by post and providing proof of identity, to the address of the Seller mentioned above.
It is specified that a minor may give consent alone for the processing of personal data from the age of fifteen.
For minors under the age of fifteen, double consent is required: that of the minor and that of the guardian holding parental authority.
The placing of the order by the Client, materialized by the signature of the quotation/purchase order or specific contract, constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the capacity required to contract and to acquire the Products from the Seller.
5. ORDERS
5.1 Placing the order
Product sales shall only be deemed final after the client has signed the quotation/purchase order or specific contract proposed by the seller.
For orders placed exclusively by e-mail, the client’s signature of the quotation/purchase order shall constitute acceptance of these General Terms and Conditions, which will also be attached to the email sent to the Client.
For orders placed on the seller’s website, acceptance of the order will be preceded by acceptance of the specific General Terms and Conditions of Sale and Use of the site, which are submitted to the client for acceptance on the site before placing the order.
5.2 Modification of the order
Any requested modifications to the order by the Client will only be taken into account, within the limits of the Seller’s possibilities, if they are notified in writing (letter, e-mail, etc.) at least SEVEN (7) calendar days before the scheduled delivery date of the ordered Products. In any case, modifying the order will require the Provider’s approval and the Client’s signature of a specific purchase order/quotation with a possible price adjustment. The Seller therefore always reserves the right to refuse modification of an order accepted by the Client.
5.3 Refusal of the order
The Client’s order may be cancelled by the Seller, for any reason whatsoever, for example due to a lack of information necessary for delivery, or a supply difficulty for a product, or an order placed by an insolvent client or a client who has had a dispute in connection with a previous order. The Client shall be informed of this by the Seller.
5.4 Deposits
The purchase order/quotation or specific contract may provide, depending on the nature and quantity of orders and the negotiations between the Parties, for a deposit to be paid under the conditions set out in the quotation / purchase order / specific contract submitted for the Client’s signature. The final invoice will mention the deposits already paid.
In the event of termination of the order/contract, the deposit will only be retained by the Seller if such termination results from a fault on the part of the Client.
6. PRICES
Orders are placed on the basis of the Seller’s prices in force on the day the order is placed, according to the scale/price provided in the quotation/purchase order previously submitted for the Client’s acceptance, as indicated in the “Orders” article above, or according to the price indicated in the Specific Terms and Conditions of Sale or within a specific Contract.
The Seller specifies that the prices of the Products indicated in the Appendix are those in force on 1 January 2025 and that prices may change on 1 January of each calendar year. The Client therefore declares that they acknowledge and accept that the applicable prices will be those stated on the quotation/purchase order at the time the order is placed. Indeed, the prices in the Appendix may change in particular to take into account the evolution of the cost of raw materials, the cost of the Seller’s suppliers, etc. The Client may request the new price appendix before 1 January of each year in order to know the prices for the following year. In any case, the new prices will be indicated on the quotation/purchase order. The Client who refuses the price change may choose not to place an order. Prices are understood to be net and inclusive of all taxes.
An invoice is issued by the Seller and given to the Client for each order, unless the Specific Terms, a Contract or a specific quotation provide otherwise.
7. TERMS OF PAYMENT
7.1 Payment deadlines
Unless otherwise specified in the Specific Terms, the signed quotation or purchase order, or in a specific Contract, the price is payable at the time the order is placed, in full, by bank transfer, credit card, or within THIRTY (30) calendar days (if granted by the Seller) at the latest after the invoice is issued, which will be issued upon delivery of the order.
In the event of a deposit paid when placing the order, this deposit is payable at the time the order is placed and the balance is payable within THIRTY (30) calendar days (if granted by the Seller) at the latest after issuance of the final invoice. The deposit paid will be deducted from the final invoice.
The Seller shall not be required to deliver the Products ordered by the Client if the latter has not paid the deposit provided for in the quotation/purchase order or specific contract.
The Seller undertakes to provide the Client with its bank details and any changes to said details for the payment of orders.
Any form of payment other than a bank transfer must be the subject of a special agreement approved by one of the managers of the company HAPY.
7.2 Late payment penalties
In the event of late payment and failure by the Client to pay the amounts due (late payment of the deposit from the signature of the quotation/purchase order or late payment of amounts still due beyond the payment period indicated on the invoice sent to the Client), a late payment penalty equal to 10% of the pre-tax amount of the sums due shall apply for each month of delay. This penalty shall automatically and by operation of law accrue to the Seller, without any formality or prior notice. A fixed indemnity of €40 for recovery costs will be added.
Late payment shall also result in the immediate payment of all sums owed to the Seller by the Client, without prejudice to any other action the Seller may be entitled to bring in this respect against the Client.
In the event of non-compliance with the payment conditions set out above, the Seller further reserves the right to terminate the sale and/or suspend and/or cancel the delivery of the Products ordered by the Client and/or cancel any commercial discounts, reductions or rebates granted to the latter.
Any unjustified payment rejection following a transfer, the presentation of a cheque or a bill of exchange (in the event that HAPY has accepted in writing the latter two payment methods) shall result in a re-invoicing to the Client of €40 excluding tax corresponding to banking and processing fees.
HAPY does not accept deductions on payments that are not supported by an existing credit note. In the event of a voluntary deduction from a payment without the corresponding accounting document, an administrative management fee of €15 excluding tax per file will be invoiced to the Client.
In the absence of a written agreement in force between the two Parties for the current calendar year, HAPY does not grant discounts for early payment or payment upon receipt of invoice.
A credit note issued has a maximum validity period of 12 months from its date of issue as stated on the document.
7.3 Absence of set-off
Unless expressly agreed in advance and in writing by the Seller, and provided that the reciprocal claims and debts are certain, liquid and due, no set-off of any kind whatsoever may be validly carried out between the reciprocal claims and debts of the Seller and the Client, and in particular between any penalties for late delivery of the ordered Products or non-conformity with the order, on the one hand, and the sums owed by the Client to the Seller for the purchase of said Products, on the other hand.
8. DELIVERIES
8.1 General rules
The Products ordered by the Client will be delivered in mainland France, including Corsica.
Outside mainland France, the Client is invited to contact the Company to determine whether it delivers to the destination address. If so, the delivery terms will be indicated in the purchase order / quotation or specific contract to be signed. By default (and unless otherwise stated in the purchase order / quotation or specific contract), transport costs are not included in the sale price for goods delivered outside mainland France (no free delivery). All prices are ex-works France or France border. For delivery to destination countries outside the European Union, transport is managed by the Client with a freight forwarder.
The delivery times are indicated on the quotation / purchase order or specific contract submitted for the Client’s acceptance.
The Client is informed that the delivery time indicated on the quotation/purchase order/specific contract is given for information purposes only and is in no way guaranteed; the Seller undertakes to contact the Client to inform them of any delay and to agree on a new delivery date.
Consequently, and unless otherwise provided by law, any reasonable delay in the delivery of the Products shall not give rise for the buyer to:
• the awarding of damages;
• the cancellation or termination of the order.
The Seller’s liability may not be incurred if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure (in this respect, force majeure is understood as any event that is external, unforeseeable and irresistible within the meaning of Article 1148 of the French Civil Code) or from the carrier, or from an error by the Client in the information provided when placing the order.
The Seller undertakes to make its best efforts to ensure delivery of the Products ordered by the Client within the indicated timeframes.
If the indicative date agreed is exceeded by more than SEVEN (7) days, and excluding cases of force majeure or circumstances attributable to the Client, the Client may terminate the order in accordance with legal procedures, after having unsuccessfully requested the Seller to fulfil its obligation within an additional reasonable period, by registered letter with acknowledgement of receipt.
Deliveries are made to the delivery address indicated by the Client on the purchase order/contract or by email sent to the Seller.
In France, if no one is available at the Client’s address to receive the delivery despite delivery attempts, the carrier will leave a delivery notice in the mailbox inviting the Client to contact them to set a new delivery date. In this case, the Client waives any penalties or actions against the Company.
Abroad, if no one is available to receive the delivery, the Client will collect the delivery from the agency in charge of transport. Depending on the country, the carrier will leave a delivery notice in the mailbox so that the Client may call back to agree on a new delivery date.
If delivery cannot be made to the Client due to the Client’s own actions (absence, failure to collect the parcel after a delivery notice, etc.), the Client will lose their contribution to the shipping costs, and the return costs will be deducted from the refund of the item. If the Client wishes a new delivery, new delivery charges will need to be paid.
Unless otherwise stated in the quotation/purchase order or specific contract, the Seller undertakes to ship the Product within SIX (6) working days from the order and in any case after receipt of payment of the deposit (if a deposit is provided).
In the event of a pre-order for an unavailable Product, delivery will take place as soon as the Product becomes available.
It is further indicated that certain deliveries will be subject to specific conditions depending on the geographical zones, which will be communicated to the Client by any means at the time the order is placed.
Unless a particular case or unavailability of one or more Products occurs, the Products ordered will be delivered in a single shipment.
Delivery, consisting of the transfer to the Client of physical possession or control of the Product, does not include commissioning of the Products.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or refund the Client, as indicated in the article “Seller’s Liability – Warranty” below.
The Seller bears the risks of transport and must reimburse the Client in the event of damage caused during transport, provided that such damage is correctly recorded on the carrier’s signed delivery note and reported in accordance with Article 9 below.
8.2 Shipping – Delivery
Shipping costs are borne by the client and will be invoiced as follows:
0kg ≤ Total weight of the order ≤ 30kg: €25 excluding tax for transport costs
30kg ≤ Total weight of the order ≤ 60kg: €45 excluding tax for transport costs
60kg ≤ Total weight of the order ≤ 100kg: €60 excluding tax for transport costs
100kg ≤ Total weight of the order: €80 excluding tax for transport costs
For any order placed on the website [www.aquavie.fr](http://www.aquavie.fr), the client is clearly informed of the transport costs according to their choice of transport service before validating their order.
9. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the Products from the Seller to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
The goods travel at the Client’s risk; it is the Client’s responsibility to check the condition and quantity of the goods received on the day of delivery in the presence of the delivery person, ESPECIALLY FOR DELIVERIES OF GLASS PRODUCTS. In case of damage, the Client (or the designated recipient of the parcel) must record it on the carrier’s delivery note. It is mandatory to note the references of the broken items and indicate the quantities. WARNING: the mention “SUBJECT TO CHECKING AND BREAKAGE ON UNPACKING” will have no value.
The Client (or recipient of the parcel if different from the Client) is invited to indicate the following comments: “Broken, unsellable”; “Crushed, damaged”; “Open pallet”. In case of missing items upon delivery, you must report it by email to contact@aquavie.fr / mailto:contact@aquavie.fr within a maximum of 24 hours after the delivery day, failing which no adjustment will be possible.
10. SELLER’S LIABILITY – WARRANTY
The Products sold comply with the regulations in force in France.
The Products supplied by the Seller benefit as of right and without additional payment, in accordance with legal provisions:
- the legal warranty of conformity, for Products that are apparently defective or do not correspond to the order, subject to the Client providing proof that the item does not comply with the contractual stipulations / does not conform to the order,
- the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,
In order to assert their rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum period of SEVEN (7) days from the delivery of the Products or from the discovery of hidden defects within the time limits referred to above, and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of proof.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than THIRTY (30) days following the Seller’s acknowledgement of the lack of conformity or hidden defect.
The refund will be made by credit to the Client’s bank account or by cheque sent to the Client.
The Seller’s liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Client’s responsibility to verify,
- in case of misuse, negligence or lack of maintenance by the Client, as well as normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant Products or Products affected by a defect.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
To exercise these legal warranties, the Client must contact Customer Service:
By email: contact@aquavie.fr
Or by post: “HAPY SARL”, Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT-JEAN-DE-VEDAS.
11. AFTER-SALES SERVICE – RETURN OF GOODS
Any item subject to a warranty claim (in accordance with the statutory warranties set out in the previous article or in accordance with any commercial/contractual warranty (that may be granted to the Client by HAPY)) must be returned with its till receipt or purchase invoice or warranty card with stamp and purchase date, at the Client’s expense. In the event that a credit note or exchange is to be issued, this will only be done after receipt of the item concerned or after the brand’s approval for the after-sales service. The exchange or return under after-sales service of the item is carried out when placing an order and to the Client’s address. Case of return of goods or claim due to expiry date: Any item delivered with a use-by date (DLC) of less than 1 month must be reported within 7 days following delivery for a full return; failing this, the item will not be refunded.
ATTENTION: any claim concerning items sold on promotion due to a short use-by date (mentioned on the line of the delivery note) or items sold as clearance will not be taken back.
Case of claim for broken item(s): Any item in this case that is the subject of a claim is only accepted if it was reported (quantity and reference) on the carrier’s signed delivery note; failing this, the claim will not be taken into account.
Any after-sales service request or claim must be made by email to contact@aquavie.fr
Any request made in another way or to another address may not be taken into account.
12. TERMINATION – TERMINATION CLAUSE
Each sales contract resulting from the acceptance of these General Terms and Conditions, and which will be concluded between the Seller and the Client under the Specific Terms and Conditions of Sale or via a specific Contract or via a specific purchase order or quotation, may be terminated early by either Party if the other fails to meet its obligations as defined in these General Terms and Conditions.
In such a case, the Party claiming a breach by the other Party must, by registered letter with acknowledgement of receipt expressing its intention to invoke this clause, formally request the other Party to fulfil its obligations and grant it a period of THIRTY (30) days to comply.
If the breach is not remedied within this period, this termination clause shall apply automatically and the service contract concerned shall be terminated at the end of the aforementioned period.
The defaulting Party may be required to compensate the other Party for the damage suffered by the latter.
13. INTELLECTUAL PROPERTY RIGHTS
The Seller remains the owner of all intellectual property rights over the Aquavie logo/brand and/or any distinctive signs belonging to the Seller and appearing on the Products it sells. The Client is therefore prohibited from reproducing or using said rights and the media on which they appear without the express, written and prior authorization of the Seller, who may make such authorization subject to financial compensation.
Furthermore, the Seller shall remain the sole owner of the elements present on its website or related to its Products (notably texts, images, Aquavie logo…), which are protected by French and international laws relating to intellectual property.
The Client is therefore prohibited from copying, reproducing, or distributing all or part of the intellectual property rights belonging to the Seller, in any form whatsoever, unless express prior authorization has been granted by the Seller.
The Seller reminds that any infringement of its intellectual property rights may incur the liability of the infringer and may result in legal action.
14. PERSONAL DATA
14.1 Processing of personal data
The sale of the Seller’s Products involves the collection and processing of the Client’s personal data.
The Seller specifies that the Client’s personal data (notably names, delivery addresses, email, telephone, etc.) will be stored under the conditions specified below.
Based on the applicable regulations, the Seller informs the Client that their data will be recorded and processed in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978.
The Client is therefore informed that their data will be subject to processing allowing, in general, the provision of the Seller’s Services within the framework of Product sales.
That being stated, the processing of the Client’s personal data carried out by the Seller (collection, storage, archiving, mailing, commercial correspondence, etc.) must comply with the provisions of Regulation (EU) 2016/679 – the “GDPR”, as well as any other law or regulation applicable to the processing of personal data.
To this end, the Seller undertakes to:
- Collect and process personal data with the Client’s prior authorization and prior information on the use of such data;
- Collect and process personal data solely for the purposes of storage, archiving, commercial emails, etc.;
- Implement all technical and organizational measures, including measures adapted to the nature of the personal data collected and processed and to the risks presented by the processing. This will notably involve, insofar as possible:
• The confidentiality of the data;
• The restoration of the availability of the data and access to it within appropriate timeframes in the event of a physical or technical incident and insofar as this is materially and legally possible,
• The protection of the data against any accidental or unlawful destruction, accidental loss, alteration, disclosure or unauthorized access, particularly when data processing involves transmission over a network, as well as against any form of unlawful processing or communication to unauthorized persons.
- To subcontract, where applicable, all or part of the personal data to reliable service providers;
- To process personal data, insofar as possible, only within the European Union;
- To ensure that their employees, agents, representatives and authorized subcontractors or any person acting on their behalf who have access to the personal data comply with the obligations set out herein;
- To implement without delay any request from the Parties concerning the rights of the data subjects with regard to the processed personal data (right to modification, correction or deletion, right of objection, etc.);
- To retain personal data after the end of each service/sale only for a legitimate period and/or as required by regulations. The personal data collected may not be used by the Seller for any purpose other than to fulfil the purposes described above. They may not be disclosed, transferred, rented out or in any way assigned.
In the event of a change in applicable regulations, the Seller and the Client undertake to make the necessary adjustments to comply with the new applicable provisions.
In the event of an actual or suspected personal data breach, the Seller and the Client undertake to keep each other informed as soon as possible following the discovery of this breach or suspected breach.
The Seller and the Client may be compelled to disclose personal data at the request of a court, an administrative agency, a government authority, or pursuant to a law, regulation, subpoena, request, or any other applicable administrative or legal process, including any formal or informal investigation by a governmental agency or authority. In such a case, the concerned Party undertakes to inform the other Party as soon as possible.
14.2 Exercise of rights related to personal data
The Client (or their legal successors) has a right of access, objection and rectification regarding the data concerning them, in accordance with Articles 32 et seq. of Law no. 78-17 of 6 January 1978 known as the “Informatique et Libertés” law.
These rights may be exercised by the Client by sending a request either by postal mail to the Seller’s registered office located at Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT-JEAN-DE-VEDAS; or by email: contact@aquavie.fr.
This request must be accompanied by a copy of an identity document bearing the applicant’s signature and must specify the address to which a response may be sent to the Client.
15. APPLICABLE LAW – LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in case of a dispute.
16. JURISDICTION CLAUSE
All disputes to which the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which cannot be resolved between the Seller and the Client, shall fall under the exclusive jurisdiction of the Commercial Court of Montpellier.
17. ASSISTANCE – CONTACT
The Seller provides the Client with a customer support service for any request relating to the Products. In this regard, the Client may send an email to the following address: contact@aquavie.fr
More generally, any request concerning these General Terms and Conditions, including requests relating to the Client’s Personal Data and their right to rectification or deletion, must be addressed to the Seller, at the Client’s choice:
- By email: contact@aquavie.fr.
- By postal mail: SARL “HAPY”, Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT-JEAN-DE-VEDAS.