Terms and Conditions

1.Context

The present document is a translation of the French version of the general terms and conditions of sale concerning Abatik Piscines et Spas.
The governing law concerning transactions between Abatik Piscines et Spas and their Clients is French.

The site www.swimming-pool-online.com is the property of the company Abatik Piscines et Spas, single-shareholder limited liability company, registered with the Chamber of Commerce, Romans sur Isere, 26100 France. ID n° 502 322 076. Capital is 300 000 euros. Head office, ZA les Moriettes 26760 Beaumont les Valence, France (e mail: contact@piscines-online.com), telephone: +33 (0)4 75 80 29 62 - fax: +33 (0)4 75 81 03 96, intra community VAT ID: FR42 502 322 076.

Abatik Piscines et Spas conducts its main professional activity in the supply of equipment for the construction, repair and maintenance of swimming pools and spas, water treatment, outdoor furnishings and outdoor living.
The Company also deals in the supply of fitness, solarium and paramedical equipment.

In this context, Abatik Piscines et Spas, uses the following websites :
www.swimming-pool-online.com, www.piscines-online.com, www.piscinas-online.com, www.piscina-online.com, www.ameublement-exterieur.com, www.traitement-h2o.com, www.ultra-soins.com, www.fitness-online.fr and www.solarium-pro.com

The present general terms and conditions apply to the sale of products via the site www.swimming-pool-online.com

2. Introduction

The main role of the site www.swimming-pool-online.com is the commercialisation of material and accessories for swimming pools and spas to Clients considered to be consumers.

Certain available products are « made to measure ». In this case, the Client is required to contact Abatik Piscines et Spas either by telephone (on one of the available free phone numbers) or by completing the « ask for your free quote » section, available on the aforementioned web site. Certain products may be subject to a quotation before ordering. In this case, the quotation is obtained by following the same process before ordering. Once the Client has received their quote via e-mail, the order can be completed by using the corresponding code given in the aforementioned quote, in the specified zone, when placing the order in question.

All commercial operations of products proposed on the aforementioned website suppose the consultation, comprehension and acceptation of the present general terms and conditions by the Client.


The Client accepts :
- To have the technical competence required to use the web site in question;
- To be fully informed that the Client's accord concerns the present general terms and conditions without the requirement of a physical signature or electronic signature of the document in question. The Client’s acceptance of the present general terms and conditions of sales and the Client’s basket order is implemented by a positive double click.
The Client can save or print the present general terms and conditions by using the standard tools available via their computer or web browser.

The majority of information which is available on the site www.swimming-pool-online.com is available in English language. It is possible at present; some information may still be presented in French language, due to the construction of the site and present transition period. Abatik is striving to present the totally of information in English language as soon as possible.

The Client declares to be of adult age and in full legal capacity to engage and respect the present general terms and conditions of sales.

The Client confirms to have obtained the necessary information concerning the use of the aforementioned website and the characteristics concerning the quantitative and qualitative aspect of products proposed for sale on the aforementioned website.

3. Definition

- « Client »: A person or Company, holding the status of consumer that buys from the aforementioned site;
- « Consumer »: A person or Company that buys a product or products from the aforementioned site;
- «positive click »: The electronic formulation to confirm «yes» or acceptance;
- «page»: Definition of the presentation of the product proposed to be sold online by the site www.swimming-pool-online.com ;
- «basket »: Definition of the page showing the recapitulation of the products chosen by the Client during their session on the site, in the optic of a possible order;
- « party »: Defines in the singular Abatik Piscines et Spas or the Client and in plural form, Abatik Piscines et Spas and the Client together;
- « product »: Definition of all products available for sale on the aforementioned site on which their characteristics are presented;
- « site»: Definition of the website edited by Abatik Piscines et Spas which can be accessed online at the following URL address: www.swimming-pool-online.com;
- « user »: Definition of any person who uses the aforementioned site in the capacity of a browser or Client.

4. Objet

The object of the present general terms and conditions of sale is to define the context of the terms and conditions of sale of the products available to buy online by Abatik Piscines et Spas via the site. They govern all of the steps necessary concerning the placing of an order and the follow-up of the order between the two contractual parties.

4. Opposability of the general terms and conditions of sales

Abatik Piscines et Spas reserve the right to adapt or modify the present general terms and conditions of sales at any point in time. Modified terms and conditions would, in this case, apply to subsequent orders following the publication online of modified terms and conditions.

In any case, the version of general terms and conditions of sales which is opposable by the Client is the version which the Client accepts at the moment of the validation of the specific order in question.

The general terms and conditions of sales are available permanently on the site in the section « general terms and conditions of sales ». The Client can equally access archived versions of the document by e-mail request at the following address: contact@piscines-online.com

The version of published terms and conditions accepted when the Clients order is confirmed prevails over all other pre-dated documents.

6. Conditions of access to the site

An online order imposes the Client to use an internet connection to access the site. Access to the site is free of charge and does not require any financial charge from any user that has access to an internet connection. Any financial charge linked the cost of material, programs or access to the internet is at the sole charge of the user. The user has the sole responsibility for the correct operation of their computing / IT equipment and internet access.

The site is accessible 24h/24 and 7/7.

Because of the nature and complexity of the internet network, particularly concerning technical performance and the time required to consult, question or transfer data, Abatik Piscines et Spas strives to conform to actual guidelines, to permit access and use of the site, but cannot guarantee the absolute accessibility or availability of the site.

Abatik Piscines et Spas reserves the right, without notice or indemnity to temporarily or permanently close the site or the access to one or several services available by distance. Notably, but not limited to: the case of a data/program update, maintenance operation, modification or change of operational methods, servers, and available times of access or any other situation that may require this action.

Abatik Piscines et Spas declines responsibility for any loss or damage that is the result of modification and/or temporary or permanent non-availability, or furthermore, the definitive partial or total closing of the site or associated services.

Abatik Piscines et Spas reserves the right to modify or complete, at any moment in time, the available sites and services available incumbent to the evolution of technology.

It is the user’s sole responsibility to be aware of the possibility of the technological evolution of information technology and communication methods and that the user’s equipment can adapt to the evolution of the site.

7. Product information

Great care is taken to ensure relative product information is published online, notably concerning: the essential characteristics of a product sold via the site, the price of products sold via the site, guarantees and after sales service, modes of payment and delivery, delivery restrictions, prior to the order of a product.

The photographs and other graphic illustrations presented on the pages of the site are a simple indication and are in no way contractual. The Client is fully informed and accepts that all photos, images and colours of products available for sale may not correspond to real colours due to the effect of the browser or screen used.

8. Order

8.1. Identification and acceptation of general terms and conditions

Each order supposes the consultation, comprehension and acceptation of the present general terms and conditions materialised by the following procedure:
- The Client reads the general terms and conditions;
- The Client accepts the general terms and conditions by ticking the box « I accept the general terms and conditions of sale».
The Client wishes to order via the site and engages to communicate beforehand all of the required information by means of the available online formulas for this purpose.
The Client engages to provide truthful and exact information when completing the available forms.
The procedure of establishing the contract between the parties is fulfilled by the completion of the following steps:
- Step 1: Product choice, placing the product in the basket page;
- Step 2: Access to the detail of the order in the basket;
- Step 3: Choice of mode of payment;
- Step 4: Full completion of Client details (choice of delivery and invoicing address and precision of complementary information);
- Step 5: Accepting the present general terms and conditions of sale;
- Step 6: Recapitulation of the order. During this step, the Client has the possibility to check the detail of the order in question and correct, modify or cancel the order;
- Step 7: Payment of the order.
Abatik Piscines et Spas confirms reception of the Clients order immediately by sending an e-mail.

8.2. Product choice

The Client selects from the products presented on the site www.swimming-pool-online.com, in real time, the day of the order.

At each step of the order process, the Client is informed of the possibility offered to contact the customer care line for all information relative to the characteristics of the product and/or information relative to the order procedure.

In consequence, the Client acknowledges being aware of the nature, description and method of use of the product available online for sale and to have asked for or obtained the necessary or complementary information needed for the Client to place the order in full knowledge.

The Client has the sole responsibility of the choice of product and its adequacy to meet requirements to meet the Clients needs. In this context, Abatik Piscines et Spas does not assume any responsibility concerning the Clients choice or adequacy of product.
The total or partial impossibility to use a product, notably because of incompatibility is in no way compensated, reimbursed, or questioned to be the responsibility of Abatik Piscines et Spas, excepting the case of legal obligation.

8.3. Delivery

The Clients order will be delivered at the date, or the delay indicated to the client or in the delay of thirty (30) days, counted from the date when the Client placed the order with Abatik Piscines et Spas.
For a delivery delay greater than thirty (30) days a specific accord will be requested to the Client.

Delivery delays are specified to the Client when the order is placed, depending on the mode of delivery, and the chosen delivery address.

The products are delivered to the address indicated by the Client to the address specified via the internet order interface of the site.

The delivery of products representing a large volume benefits from "pavement delivery" (delivered on the ground floor of buildings or in front of the gate of the delivery address).

Delivery entails the transfer of a product to the Client, or a third party designated by the Client, to the physical possession or control of the ordered product.

Various delivery modes and costs are presented on the site.

All responsibility of risk of loss or damage of the product is transferred to the Client from the moment when the products are transferred to the Client or a third party chosen by the Client or another transporter other than that proposed by Abatik Piscines et Spas, physically take possession of the product.

If the Client chooses to use the services of another transporter other than that proposed by Abatik Piscines et Spas, the Client is responsible for the risk of loss or damage of the product from the moment the product is physically transferred to the transporter.

If the initial delivery date or period is not adhered to or the period of thirty days expires following the conclusion of the contract (excepting the case of a specific accord with the Client for a longer delay), the Client is informed of the possibility to cancel the contract in writing by registered post, only after they have, following the same procedure, requested Abatik Piscines et Spas to effectuate the delivery in a reasonable period of time. If Abatik Piscines et Spas has not ensured delivery in the agreed period of time, the order may then be cancelled.

In these circumstances, the contract is considered terminated on reception of the written confirmation of the Clients wish to terminate the contract by Abatik Piscines et Spas, if the contract has not been terminated prior to reception.

The Client is informed that it is possible to immediately terminate the contract if Abatik Piscines et Spas refuses to deliver the product or does not execute their obligation to deliver the product within the defined period. Delivery within the defined date or period could represent a quintessential condition of the contract for the Client. This could result in circumstances that could be the object of the termination of the contract or a precise request from the Client.

In the case of the termination of the contract, Abatik Piscines et Spas will proceed to the reimbursement of the Client the totality of the sum paid, at the latest, fourteen days following the termination of the contract.

8.4 Conservation of information and archives

Conform to the French legislation L. 134-2 of the Consumer’s guide, Abatik Piscines et Spas ensures the conservation of written documents in relation to the Clients order for a sum greater or equal to one hundred and twenty (120) euros for a period of ten (10) years, dating from the delivery of the product that was the object of the order in question, guaranteeing access to records at any time during the indicated period.

The contracts are archived using the following method: The contracts are archived using a dependable and sustainable digital support. Abatik Piscines et Spas guarantees access to archives on the Clients written request by registered post to the following address: ABATIK Piscines et Spas - 14, allée des Moriettes - CS 82632 - 26761 BEAUMONT-LÈS-VALENCE Cedex - France

9. International orders and import

In the case of international orders, the documentation relative to certain products (including users guides and security manuals), may (except in the case of contrary legal obligations) not be available in the Clients language. In this context, it is the Clients responsibility when ordering, to ensure their capacity to understand the language of the provided documentation that is included with the product.

Furthermore, The Client engages to respect the local applicable laws and legislation in the Country of the products final destination. In this context, it is the Clients responsibility to ensure the importation of ordered products is authorised in the Country of delivery. Abatik Piscines et Spas does not assume responsibility for loss or damage or responsibility suffered as a consequence.

10. Price

The prices referent to the products ordered are indicated on the site on the product page which presents and in the recapitulative of the order.

The prices are shown in euros, including French VAT rate (contact us for export conditions) and are valid for the period indicated for which they are accessible via the site, in real time for the concerned product proposed for online purchase.

The published price can evolve depending on several criteria’s, notably, commercial operations.

The sum of the transaction refers to the published price at the date and time of the order placed by the Client. Both parties acknowledge and have no possible appeal in the case of a higher or lower price following the establishment of the order.

All orders, regardless of their origin, are paid for in Euro.

The published prices reflect the applicable VAT rate If there is a change in the VAT rate the day of the order, the applicable VAT rate will be imputed to the price of the products proposed for purchase.

Abatik Piscines et Spas, will, before the confirmation of order, indicate the total amount of the order to be paid by the Client (including VAT + delivery charges) in euros.

If the order is subject to an eco-tax, the amount will be indicated.

«Delivery costs »
Delivery costs include participation towards the costs of preparation and packing, postal costs and delivery. Delivery costs are composed of a fixed sum and a variable sum, depending on the weight of ordered products. The delivery zone chosen by the Client will also vary the delivery costs. Delivery costs are free of charge in Continental France for orders over 762 euros incl VAT (unless otherwise indicated on the site). Abatik Piscines et Spas informs the Client of the positive aspect of regrouping all products in one sole order. Separate orders cannot be regrouped, and delivery charges will apply to each, individual order.

11. Payment

To pay the order, the Client has a choice of payment modes, detailed on the order page on the site.

The accepted payment methods are:
- Credit card: Visa, MasterCard, CB, American Express;
- PayPal;
- International bank transfer;
In addition, for French mainland residents :
- Cheque from French Continental bank
- French postal order
- x 3 fractioned payments by credit card

For certain products, only certain payment modes are accepted. If this is the case, the applicable modes of payment are published on the product page.

For certain modes of payment, it is necessary to correspond with our customer care service. If this is the case, the relative information will be published on the product page.

In principle, the order is definitive only once confirmation of payment by the Client has been confirmed. However, each payment by credit card generates a systematic authorisation request of debit and all refused transactions, for whatever reason, implicate the abandon of the order in question the result of which is the product is not delivered. The Client will be informed. All cheques are cashed on reception.
Residents in continental France can benefit from a payment that can be fractioned or paid for in several instalments.
Information concerning a 3x credit card payment is the object of automatic processing of data managed by FIA-NET S.A. The finalisation of the data processing is the determination of an assurance level for the transaction in question and to assist in fraud prevention of payment methods, particularly in the domain of credit card fraud.
FIA-NET S.A. and the merchant from whom you have effectuated your transaction are those who will receive the data related to your order. The non-transmission of this data will hinder the processing and analyse of your transaction.
The supervision of a non-payment or fraudulent use of a credit card or other payment method will result in the relative data being listed in a national database created by FIA-NET S.A. An irregularity or abnormality can equally be the object of specific processing and treatment.
Conform to the French legislation relating to data information and freedom of information, dated the 6 January 1978 you may, at any time, access, request rectification or the deletion of recorded, personal data held by FIA-NET in writing, by post, including proof of identity to FIA-NET – Service Informatique et Libertés – Traitements n°773061 et n°1080905 - 3/5 Rue Saint Georges, 75009 PARIS, France.

12. Customer care

A customer care line is available and allows a Client to effectuate the following operations independently:
- Consult the order progress or request information relative to the order;
- Claims relative to the order;
- Requests concerning the «after sales service »;
- General information requests including all information relative to the characteristics of a product, and/or the procedure to follow when ordering.
The Client can equally contact the customer care line by calling one of the hotline numbers published on the site or the international number + 33 475 802 962. The line is open Monday to Friday, 9h to 19h and Saturday 10h to 18h.

13. Retraction

13.1. Timescale and context

The Client has a legal withdrawal period of fourteen (14) full days to declare the wish to return the product that is unsuitable without having to justify this decision.

This short withdrawal period begins on the date which the Client (or the named third party who is not the transporter) has (or the third party in question) physically taken possession of the product or products.

For orders which include several elements delivered separately, or an order which contains multiple parts for which the delivery will be fractioned within a defined period, the withdrawal period commences from the moment the last part or product is received by the Client.

If the last day of the withdrawal period is a Saturday, Sunday, bank or public holiday, the withdrawal period will be prolonged till the next working day.

The withdrawal period can be exercised without penalty with the exception of return postal charges, which are the Clients responsibility.
The withdrawal period is not applicable to the following products:
- Products which have been made to the Clients specifications and are made to measure or highly personalised;
- Products which have been delivered and which, due to their nature, have been mixed with other products and are no longer identifiable;

If an order cannot benefit from the withdrawal period, this will be noted on the site at the stage of order recapitulation.

13.2. How to exercise the withdrawal period

To exercise the withdrawal period, the Client must notify Abatik Piscines et Spas of their decision in writing, clearly stating the Clients decision, by post, fax or e-mail to the following address
- By post : ABATIK Piscines et Spas - 14, allée des Moriettes - CS 82632 - 26761 BEAUMONT-LÈS-VALENCE Cedex – France ;
- By e-mail : contact@piscines-online.com
- By fax : +33 (0)4 75 81 03 96

The Client equally has the possibility but not the obligation, to use the available withdrawal form, and send to the aforementioned address.

The Client can also communicate online, via the site the withdrawal form or clear, written statement. If the Client uses this method, the Client will receive a written acknowledgement
from Abatik Piscines et Spas via e-mail.

For the withdrawal period to be respected, the client should communicate their request before the withdrawal period expires in the time scale mentioned above.

13.3. Reimbursements and returns

To effectuate the return of a product, the Client can send the product in question to Abatik Piscines et Spas without delay, and at the latest fourteen days following the Clients written communication to Abatik Piscines et Spas expressing their wish to withdraw: ABATIK Piscines et Spas - 14, allée des Moriettes - CS 82632 - 26761 BEAUMONT-LÈS-VALENCE Cedex – France.
By e-mail : contact@piscines-online.com
By fax : +33 (0)4 75 81 03 96

The delay is deemed to be respected if the product is sent before the end of the period of fourteen (14) days.

Transport costs for returned products and the relative risks is the total responsibility of the Client. The Client is informed that they are responsible for all costs concerning the return of a product which may vary depending on the chosen mode of return. If, because of the nature of a product, cannot be sent by regular post, the Client will pay directly all costs linked to the products return by a professional transporter.
The below table shows 6 examples of products of the range available on the site www.swimming-pool-online.com, with a price range for transport costs in Continental France.

Produits	Filtration pump	Sand filters	Heat pumps	Dehumidifiers	Solar showers	Bubble cover reels
transport costs	60€ to 80€	60 to 110 €	90€ to 250€	90€ to 125€	50€ to 65€	50€ to 80€

The Client is informed that their responsibility is engaged towards Abatik Piscines et Spas in the case of damage or depreciation of the product resulting from manipulation other than those necessary to establish the nature, characteristics and good working order of the products.
The Client is informed that the returned product must be:
- In new condition, in original wrapping and packaging;
- With the return slip, established by our after-sales service;
- Undamaged and complete;
- Undamaged and unstained, showing only signs of a test run;
- Without stains, perforations, ripping, burn marks, discolouring, deformation;

- All elements representing the brand name and model such as the logo, outer brand ticket (...) must be intact
In the case that the Client exercises their right to withdrawal, Abatik Piscines et Spas will reimburse the sum paid by the Client including transport costs (excluding supplementary costs resulting from the Clients choice of transporter who proves to be more expensive than that proposed by Abatik Piscines et Spas), without excessive delay and at the latest fourteen (14) days from the day Abatik Piscines et Spas is informed in writing of the Clients decision to exercise Withdrawal.

Abatik Piscines et Spas reserves the possibility to differ the Clients reimbursement till the reception of products or the Client provides tangible proof of the products shipping, showing the proof of the products shipping date. The reference date is the inital reception date of Abatik Piscines et Spas. It is the Clients responsibility to keep all documents related to the products shipping.
The reimbursement will be effectuated using the same mode of payment as used by the Client to purchase the product, except if another mode of payment is specifically accepted by the Client. In any case, the Client will not suffer banking charges.

14. Guarantees

[titre214.1. Commercial guarantee]
Information concerning eventual commercial guarantees relative to a product proposed for purchase (including the context of the guarantee, the modalities for its implementation, price, duration, its territorial limits and the name and address of the guarantor) are supplied to the Client via the product page published on the site.

In general, the commercial guarantee does not cover consumables, abnormal or non-conform use, (the instructions for use should be systematically consulted by the Client). Dysfunction linked to accessories (for example, power cables), defaults and consequences due to the intervention of a technician who has not been approved by the manufacturer, defaults and consequences due to unadapted use of the product, or use which does not correspond to the products original intention. The guarantee is not applicable if the storage, installation, use and maintenance conditions are disrespected.
In the context of the commercial guarantee, the Client is exclusively responsible for the transport costs relating to the products return. No material will be lent to replace a defective product.

[titre214.2. Legal guarantee]
Independently from the aforementioned guarantee, Abatik Piscines et Spas shall remain liable for defaults relating to the conformity of the product relative to article L.211-4 following the French Consumer Code, or hidden vices of the product, in the context listed in articles 1641 and those which follow in the French Consumer Code and article 2232 of the French Consumer Code. These guarantees are exercised by Abatik Piscines et Spas at the following address: ABATIK Piscines et Spas - 14, allée des Moriettes - CS 82632 - 26761 BEAUMONT-LÈS-VALENCE Cedex – France.

REMINDER OF APPLICABLE LEGISLATION
In the context of the contract, applicable legislation is French

The following translation of text has the following source and can be consulted via the following link: www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations
Article L.211-4 French Consumer Code

« The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility. »

Article L.211-5 French Consumer Code

« To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to».

Article L.211-12 French Consumer Code
« Action resulting from lack of conformity lapses two years after delivery of the product. »

Article L.211-16 French Consumer Code
When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.

Article 1641 of French Civil Code
« The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. »

Article 1648 of French Civil Code
« An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity.»


APPLICATION IN PRACTICE
If the Client actions their rights in the context of the legal guarantee, conforming to the expression of the guidelines contained in the French Consumer Code, the Client:

- Benefits from a period of two years beginning on the date of reception of the product to react;

- Can choose between the replacement or repair of a product, staying within the financial reservations outlined in the article L. 211-9 of the French Consumer Code;

- Is not required to prove the existence of a default relative to the conformity of the product within the twenty-four months following the reception of the product.

In any case, the legal guarantee of conformity under French legislation remains and is applied independently to the commercial guarantee, which may be granted by Abatik Piscines et Spas concerning the ordered products.
If, however, the Client decides to follow the guarantee relative to hidden defaults of the purchased article in the context of the article 1641 of the French Civil Code: “the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him, as decided by experts”.

14.3. Complementary precisions

The Client is fully informed and aware that Abatik Piscines et Spas is not the manufacturer of the products presented for sale on the site in the context of article 1386-1 of the French Civil Code. In consequence, in the case of corporal or material damages caused resulting from a defective product, it is the full responsibility of the manufacturer or provider of the aforementioned product that will be engaged upon by the Client. The identification of the manufacturer or provider of the product is noted on the product’s packaging. In the case that the responsibility of Abatik Piscines et Spas, in the quality of professional distributor is engaged as the result of damages caused by a product, in the context of article 1386-6 of the Civil Code, Abatik Piscines et Spas reserves the right to call upon the manufacturer or provider that guarantees the product.

15. Ownership

All products remain to be the property of Abatik Piscines et Spas till the completion of payment by the Client. Until this date or point in time, if the material is physically in the possession of the Client, it is considered to still to be the property of Abatik Piscines et Spas. In this context, the Client fully accepts the risk and assumes responsibility for damages that the material could suffer or cause. If the Client does not respect the established calendar of payment, Abatik Piscines et Spas, can obtain, after written notice, the restitution of the aforementioned material at the Clients full financial charge, without affecting statutory rights till the Client has fully paid all sums due.

16. Responsibility

The products proposed for purchase conform to applicable French legislation and norms applicable in French territory.

Excepting legal mentions, the total or partial impossibility to use a product because of incompatibility of material can in no way be the object of compensation or reimbursement or engage the responsibility of Abatik Piscines et Spas.

Abatik Piscines et Spas is fully responsible towards the Client in their role of Consumer concerning the respect of stipulated guidelines. However, Abatik Piscines et Spas are exempted from their responsibilities in the case force majeure (in the case of but not limited to total or partial strike or disturbance, notably in the case of postal services or transport and communication services).

Abatik Piscines et Spas will not be held responsible for reasons of poor execution or non-execution of contract for an unpredictable and insurmountable reason caused by a third party or Client.

17. Context of agreement

These Terms and Conditions shall not entail a possible assignment of any kind concerning the rights of intellectual property or any other element belonging to Abatik Piscines et Spas to the Clients benefit.

The contents of the site, its general structure including, but not limited to, its brands, drawings, models, animated or unanimated images, texts, photographs, logos, photographs, graphic charts, programs, search motors, databases, sounds, videos, domain names, design and experience of Abatik Piscines et Spas and all other elements that compose the site and its contained information without limit remains the exclusive property of Abatik Piscines et Spas, partners or third party licensors who are protected, particularly concerning intellectual property rights which may be recognised following currently enforced laws.

Any partial or total reproduction of these elements without express authorisation of Abatik Piscines et Spas is forbidden and constitutes but is not limited to forgery and counterfeiting sanctioned by the dispositions outlined in the French INTELLECTUAL PROPERTY CODE (source https://www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations)

This is equally applicable to brands, distinctive signs, implantation schemas, studies, projects, instructions for use, photographs, technical documents, commercial documents and models presented by Abatik Piscines et Spas in connection, particularly but not limited to, products sold via the site including all software, application software, codes and linked information remain the exclusive property of Abatik Piscines et Spas.

In consequence, the Client forbids all actions or acts susceptible to directly or indirectly to diminish or harm directly or indirectly the ownership rights of Abatik Piscines et Spas.

The Client engages to respect all licensing contract by the final user of the product ordered.

The Client equally forbids the erasing, removal or concealment in any way of the brand that is the property of Abatik Piscines et Spas or applicable licensors, on products or furthermore, show the brand names that are the property of Abatik Piscines et Spas on copies of the aforementioned products.

This article is continuous, in all contexts, till its specific object has been attained.

18. Personal data

When the site is used or an order is placed by the Client, information collected using questionnaires, forms or other means could be collected.

Conforming to French law dated 6 January 1978 in relation to data, databases and modified liberty of information, the Client is equally informed that Abatik Piscines et Spas is responsible for the processing of this information, will put into practice the processing of data with the following final purposes in mind :
- Management and monitoring of Clients orders and enquiries;
- Management and monitoring of orders, payments, deliveries, shipments, returned articles, and Customer care;
- Business management and marketing;
- Commercial prospection.

The sections of forms which contain obliged information are indicated by an asterisk. If this information is withheld, orders or other demands could be affected or made impossible.
This information is addressed to Abatik Piscines et Spas, their contractual and commercial partners and eventual sub-contractors for the above-listed reasons.

Certain data can be communicated to commercial and contractual partners for reasons relating to prospection except in the case of opposition.
The Client is informed of their right to access, interrogate, and rectify which allow the rectification, completion, actualisation, blocking or deletion of data which is inexact, incomplete, equivocal or out of date or of which the collection, use, communication or conservation is forbidden.
The Client can equally oppose the treatment of personal data for legitimate reasons as well as opposing to commercial prospection.
All these rights can be exercised by post or e-mail with a signed copy of identification to the following address: ABATIK Piscines et Spas - 14, allée des Moriettes - CS 82632 - 26761 BEAUMONT-LÈS-VALENCE Cedex - France or contact@piscines-online.com.

The Client has the quality of consumer in the present context and if the Client does not wish to be the object of commercial prospection by telephone and is informed via the present general conditions of their right to register free of charge to a list of opposition to solicitation by telephone.

If the Client accepts special offers and e-mails informing of new or exclusive products or offers could be sent to the Clients attention.
The Client can request to no longer receive e-mails by clicking on the link provided for this purpose and inserted at the foot of the page of any e-mail received or by sending a request by e-mail contact@piscines-online.com

19. General stipulations

19.1. Good faith

The parties agree to completely execute their obligations in total good faith.

19.2. Sincerity

The parties declare perfect sincerity in regard to the present engagement.
In this context, they declare to have no knowledge or any element which, if had been communicated, would have had an effect on the agreement of the other party.

19.3. Force majeure

In the immediate, the situation of force majeure suspends the execution of general terms and conditions.

If the force majeure has a duration of more than two (2) months, the present general conditions are immediately and automatically cancelled except in the case of a contrary accord between the two parties.

Explicitly, are considered as force majeure or fortuitous events, in addition to those usually
retained by the decisions of French courts and French legislation are :

- War, riots, fire, internal or external strikes, lockout, occupation of Abatik Piscines et Spas offices or warehouses, extreme weather conditions, floods, water damage, legal or governmental restrictions, modification of legal practice or legislation related to commercial practice, all nature of accident, epidemic or pandemic, an illness impacting more than 10% of the population of Abatik Piscines et Spas in a two-month consecutive period, the absence of power supply, partial or total interruption of internet connection and in a more general manner, the network of private or public telecommunications, roadblocks, the impossibility to provision supplies and equipment and all other situation independent of the parties will to execute in the present convention in its context.

19.4. Integrality

The present article expresses the integrality of the parties’ obligations.
No general or specific condition of either party can be integrated to the present contractual document.

19.5. Interpretation of title

In case of difficulty of interpretation resulting from a contradiction between one of the titles appearing at the head of clauses and one of the clauses, the titles will be declared non-existent.

19.6. Nullity

If one or several stipulations of the present terms and conditions are found to be not valid or declared not valid because of the application of a law or legislation, or following a forced decision by a French judge or recognised competent French jurisdiction body. Non-relative stipulations continue to remain in force to their full extent.

19.7. Tolerance

The two parties mutually agree that in the case that one party tolerates a specific situation, this does not indicate they grant any related rights to that situation to the opposing party.

Furthermore, tolerance in this context, should not be interpreted as a renunciation of rights following the present terms and conditions.

19.8. Contract release

The Client accepts that the present rights and obligations in the present context can be yielded by Abatik Piscines et Spas in the case of fusion or sale.

19.9. Sub-contracting

The Client authorises Abatik Piscines et Spas to sub-contractor of their choice in the context of the present contract. In this case, the Client accepts that Abatik Piscines et Spas divulges to the chosen sub-contractor the information necessary to the execution of the present contract.

20. Proof and agreement of proof

The acceptation of terms and conditions in electronic form between the two parties holds the same legal value as a paper edition.

The registers and data conserved in Abatik Piscines et Spas database will be conserved using reasonable security systems and are considered as proof of communication, orders and transactions conducted between the parties.

They are considered proof until contrary evidence is provided.
Archiving of contractual documents, orders and invoices is effectuated on a dependable and sustainable support and can be produced as evidence.

21. Resolution or termination

In the case that one of the parties does not fulfil their obligations in the present context, and does not resolve the situation in fifteen days (15) counting from the day when written notification, noting the complaint in cause, has been given by registered post: Resolution or termination can be requested without prejudice to damages, interests and costs of which may be claimed hereunder.

22. Environment

The Client is invited to fully understand and be conscient of information contained on the site concerning specific data relative to equipment electric or electronic, in particular, that which concerns recycling and disposal of such products.

23. Applicable law

The present terms and conditions are governed by French law. This is also the case in regard to fundamental rules or to rules pertaining to form, notwithstanding, the place of execution of the substantial or accessory obligations. With reserve for the imperative dispositions, that has a reason for existence, in the application of the Clients quality of consumer.

24. Language

The original language of the present general terms and conditions is French. If the present terms and conditions are the object of a translation into another language (in the present case, English) the French edition will prevail over all other translations in the case of litigation, contestation, a difficulty of interpretation or execution of present conditions and in a more general manner concerning relations between Abatik Piscines et Spas and the Client.

25. Settlement

The Client is informed by Abatik Piscines et Spas of the possibility in the case of dispute and/or contestation to the present terms and conditions to use the conventional mediation procedure or another alternative mode of settlement on which both parties agree.

26. Relevant Jurisdiction

In the case of dispute resulting from the interpretation or execution of the present general terms and conditions, the relevant French jurisdiction is the applicable legislation, fully accounting for the relationship between a consumer and professional.

Last update 19/09/2017.