These terms of sale govern the relationship between EUROPE HYDRO, a public corporation (Société Anonyme) with capital of €75,000, headquartered at Romainville (93230) and customers who wish to place an order on the www.europehydro.com web site.
They supersede all other terms.
They may be amended at any time by EUROPE HYDRO.
These terms of sale may be completed with terms that are specific to certain products or services. These will be specified when the item is presented.
The fact that a customer has placed an order on the "www.europehydro.com" web site implies unqualified acceptance of these terms of sale.
Should a term be not be complied with, it will be deemed to be governed by applicable practice in the selling industry. Orders will be delivered only to Mainland France, Corsica and Monaco.
1. Orders
Orders can be placed via the web site only by customers resident in Metropolitan France. Customers not resident in Metropolitan France must contact a EUROPE HYDRO sales representative who will handle their request in the shortest possible time. Call +33 (0)1 48 44 28 15 (Mondays to Fridays from 8 am to 12 am and from 2 pm to 6 pm).
Customers place their orders according to the procedure in use on the web site and validate the detailed order summary.
The customer is required to provide all the information necessary for delivery: address, access code, floor, etc. (and for example, in the case of items with special delivery conditions: telephone number where they can be reached during the day to fix an appointment).
During the first order and/or during registration in the "Register" section, customers are required to fill out the fields preceded by the sign" * "as well as their password and ID.
The password and ID are strictly personal.
At each visit, when the customer places an order, he is first identified by his password and ID. Note that this is not used to make payments. The customer will then be able to consult his profile which also displays previous orders and the status of current orders.
The information recorded by the EUROPE HYDRO system is considered as proof of the transactions concluded between EUROPE HYDRO and its customers.
EUROPE HYDRO does not undertake in any way to fulfil orders received in its web site. Items are sold depending on available stocks. Should an item be unavailable, EUROPE HYDRO undertakes to notify the customer of this as soon as possible by all means at its convenience.
EUROPE HYDRO shall not be held liable for the consequences of events beyond its control, in particular, an act of God, that could delay or prevent the placing of the order online.
2. Design and project
EUROPE HYDRO continues to have full ownership of projects, designs and documents of all kinds that it has submitted or sent. They must be returned to us when requested. They are provided free of charge if they are followed by the order for which they are requested. Otherwise, they must be returned to us except if EUROPE HYDRO agrees to the contrary. We shall retain full ownership of the intellectual property of our project, designs and documents, which cannot be disclosed or executed without our written permission.
3. Price
The prices displayed exclude VAT and the shipping charges that have to be paid by the customer.
Prices can be changed at any time.
Should our suppliers change their prices after an order has been accepted, the buyer will be notified of the new applicable price, and unless the buyer expressly disagrees within eight days, he will be deemed to have accepted the change in price.
These prices are applicable within the framework of distance selling.
An invoice is sent with the delivery that serves as the guarantee, if applicable.
4. Delivery costs
All deliveries require participation in shipping costs.
The amount is determined by the total weight of the order for the whole of Metropolitan France and Monaco.
Deliveries to Corsica may entail special terms. The customer will be informed of this either directly on the web site when placing the order or before the parcel is shipped.
The amount of delivery costs is shown in your shopping basket.
Shipping costs are calculated as follows:
5. Confirmation of the order to the customer
EUROPE HYDRO acknowledges receipt of the order by assigning an order number and by sending a confirmation e-mail with this number.
The customer’s order will be deemed to have been accepted only after it has been validated by EUROPE HYDRO. Some orders may require additional requests made to the customer. In this case, the customer is sent e-mail asking for the supporting documents that have to be sent for the final validation of the order. EUROPE HYDRO reserves the right to cancel the order if it does not receive these supporting documents or if it receives documents that it deems to be non-conforming.
EUROPE HYDRO may cancel the order for any reason whatsoever, in particular, if it does not have all the information that it requires to deliver the order. The customer will be notified of this by EUROPE HYDRO.
6. Payment – Securing of payment transactions
The products ordered and the shipping costs must be paid when the order is placed.
You can pay for the order:
· by credit card (Carte Bleue / Visa or Eurocard / Mastercard ),
. American Express card,
· by cheque. In this case, your order will be validated only after your cheque has been received.
Payments are cashed on the day the products are shipped (or the day of the first shipment in the case of multiple shipments) if this is done within seven days after the bank transaction.
Otherwise, the payment is cashed no later than seven days after the order has been placed.
Should EUROPE HYDRO be unable to ship part of the order, the price of the item that has not been shipped and any related shipping costs will be deducted from the customer’s payment.
EUROPE HYDRO uses the most reliable secure payment systems: SSL and SET protocols (for customers with a credit card insertion box connected to their computer), through PAYPAL.
During the payment transaction, the customer is automatically connected to the payment processing centre server.
Bank data are protected by encryption and do not go through by the EUROPE HYDRO systems. They are therefore not kept by EUROPE HYDRO.
7. Delivery
Deliveries are made exclusively to Metropolitan France and the Principality of Monaco Deliveries to Corsica will be subject to special terms. These terms will be sent to the customer either directly on the site when the order is placed or by telephone before we ship the order.
The delivery does not include the activation of machines.
Deliveries are made at the delivery address given by the customer.
If there is a lift on the customer’s premises, the items are delivered to the floor, on condition that they can fit into the lift.
Deliveries will either be by post or by a special carrier. Furthermore, packages delivered by carriers are often packaged in cardboard and delivered on pallets (if necessary).
Details of shipping costs to be paid by the customer are set out in the paragraph concerning these costs.
In any case, delivery deadlines are given for information only and depend on availability.
Should there be a foreseeable delay in shipping the items, EUROPE HYDRO undertakes to notify the customer as soon as possible and by all possible means to enable the customer to choose either to maintain the order or to cancel all or part of it.
The wording "shipped ex warehouse in 48 hours” applies to available products in stock which are prepared, packaged and handed over to the carrier within 48 hours after the order has been validated. This period does not include weekends and holidays, and will depend on available quantities. Deliveries are generally made within five days (excluding weekends and bank holidays) after the order has been validated (except for articles for which extra time has been expressly stipulated at the time of the order). For certain heavy or voluminous items, this 48-hour period corresponds to the call from the carrier to fix an appointment for delivery.
EUROPE HYDRO shall not be held liable for the consequences of any events beyond its control, in particular, an act of God, or a situation that is the fault of the carrier, that could delay or prevent the delivery of the items ordered.
The delivery date or non-performance of the contract may in no way result in the payment of damages to the customer or his service providers.
If the announced delivery date is not complied with, the customer may cancel his order by sending a registered letter with acknowledgement of receipt at the following address:
EUROPE HYDRO , 42 Boulevard Emile Genevoix 93230 ROMAINVILLE
The cancellation will be taken into account by EUROPE HYDRO only if the items have not been shipped or delivered between the sending and receipt of said letter.
The customer will be refunded within 30 days after EUROPE HYDRO has received the registered letter.
The customer undertakes to provide, during the order, all the information required for delivery in order to ensure that the items are delivered correctly (in particular, the phone number at which the carrier may reach the customer during the day).
The customer undertakes, for himself as well as for the recipient of the order, to take delivery of the goods at the address given during the order.
During delivery, the customer or the recipient of the items must be able to prove his identity if requested.
The customer undertakes, after opening and checking the contents of the package(s) in the carrier’s presence, to sign the delivery receipt presented by the delivery agent.
If there is a problem due to transportation (damaged package, missing or degraded products, etc.), the customer must make all the reservations concerning his observations on the consignment note, sign it and have it signed by the delivery agent. The customer must keep a copy of this document.
NB: the reservations must be very precise (what product is concerned by the damage) to be considered for replacement.
If there is any damage in transit, you must refuse the damaged product by writing in the consignment note “Rejected because of damage”. If this is not done, you will not be able to take any action against the delivery company.
If the delivery does not comply with the order in terms of quality or quantity, you must notify EUROPE HYDRO within two business days as from the delivery date, by calling our customer service representatives at +33 01 48 44 28 15 or by e-mail at europehydro@wanadoo.fr.
When you sign the delivery receipt, you acknowledge that the goods received are in a fully satisfactory condition.
Should the items not be delivered through the customer's fault (absence at a delivery appointment, failure to pick up the package after the delivery notice left by the carrier, etc.) the shipping costs paid will be forfeited.
8. Cooling-off period – Return of products after the customer cancels the order
All the items may be replaced or refunded within the legal and contractual deadlines except for those where it has been otherwise stipulated.
Pursuant to article L 121-16 of the consumer code, the customer is entitled to a cooling-off period that ends seven days as from the delivery of the products ordered.
If the customer uses this cooling-off period, the products must be returned in their original packaging, in perfect condition, together with all accessories and user guides and leaflets. The customer must also include the duly filled return coupon.
Returned items that are incomplete, damaged, used or dirty will not be accepted.
The customer will have to pay for the cost of returning the items. EUROPE HYDRO is bound to replace the goods or refund the sums paid by the customer for the items returned with the exception of shipping costs. The customer will receive the refund within thirty days as from the receipt of the returned item.
Refunds may be in the form of a credit on the bank account of the credit card used for the payment or by a cheque written out to the customer.
For returns, you must first contact our team at +33 (0)1 48 44 28 15 (Mondays to Fridays from 8 am -12 am and from 2 pm to 6 pm) or send us e-mail by filling out the forms in the “Contact” section. You will be told which mode of transportation to use, depending on the products, and EUROPE HYDRO will then be able to record your return request. EUROPE HYDRO does not accept returns with collect charges or cash on delivery.
9. Customer service department
For products that are damaged during shipping, see “What do I do if there is a delivery problem?” If the product itself is defective the first time it is used under normal use conditions and within 30 days after delivery, EUROPE HYDRO undertakes to replace the product after it has checked the returned item. EUROPE HYDRO will, in this case, exceptionally refund shipping costs incurred for the return of the product and will also pay for the shipping of the replacement. The defective product must be sent back according to the specified procedure to the address given by our team at +33 (0)1 48 44 28 15 (Mondays to Fridays from 8 am to 12 am and from 2 pm to 6 pm).
Repairs - Guarantee
This concerns defective products after the have been used for the second time or 30 days after delivery and under normal use conditions.
The guarantee is valid for six months against all faults in design, assembly errors (if this is done by EUROPE HYDRO), malfunction or any defective material. Our guarantee is strictly limited to parts recognised as defective, excluding wear parts. It does not include the repair and replacement of all parts as a result of incorrect use or maintenance.
We reserve the right to change the system in place for fulfilling these guarantees or replacing the defective parts.
The parts that are replaced free of charge remain the property of EUROPE HYDRO and must be sent to us on penalty of cancellation of the guarantee. Aside from any penalties that are specified when the order is placed, no other compensation may be demanded as damages for any reason whatsoever.
The repair, change or replacement of parts during the guarantee period will not result in the extension of said period.
It is reminded that the guarantee implies that the customer has honoured his financial commitments to EUROPE HYDRO, that the item is being used normally, i.e. in accordance with the user and maintenance guide and that no third party who has not been approved by EUROPE HYDRO has repaired highly technical machines except in the case of a force majeure or a prolonged default by EUROPE HYDRO.
EUROPE HYDRO will not be held liable for consequences linked to the period of return of the item to the customer.
10. Products
Customers are informed about the main characteristics of products on the web site. They are however asked to read the instruction leaflets or any other information included with the product or written on the product or its packaging (precautions of use, conditions of use, etc.).
Customers are reminded that photographs illustrating the products, used to support text, are not contractually binding. EUROPE HYDRO will therefore not be held liable under any circumstances for any errors included in these photographs.
11. Personal information
EUROPE HYDRO reserves the right to collect data.
The personal data sent by the customer or collected through the functioning of the web site (through cookies or ActiveX) are used to ensure that deliveries are made efficiently, to improve quality of service and to better meet the customer’s expectations.
The customer agrees to the use of these data by EUROPE HYDRO, in particular to send information relating to exceptional or promotional services and offers that could be of interest to the customer.
EUROPE HYDRO reserves the right to disseminate these data outside the company for commercial purposes.
Customers who wish not to be included in this dissemination may do so by sending an explicit message using the form or by contacting our team at +33 (0)1 48 44 28 15.
Pursuant to the provisions of the French Data Protection Act of 6 January 1978, customers may access and modify personal information concerning them.
The customer’s data is kept confidentially by EUROPE HYDRO for a period of two years as from the last visit to the web site.
The customer is notified that this automated processing of data has been declared to the French national commission for data protection and liberties (CNIL).
12. Title retention
The products delivered remain the property of EUROPE HYDRO until full and effective payment of the price by the customer (effective cashing of the payment by EUROPE HYDRO).
13. Customer relations – Customer service representatives
Customers may call our customer service representatives for all questions or difficulties encountered at +33 (0)1 48 44 28 15 (Mondays to Fridays from 8 am to 12 am and from 2 pm to 6 pm).
Customers may, at any time, contact EUROPE HYDRO by filling out the forms available in the “Contact us" section of the web site.
14. Intellectual property
All the elements of the EUROPE HYDRO web site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of EUROPE HYDRO.
Customers who have their own web sites may place a simple link, for personal use, that takes visitors directly to the homepage of the EUROPE HYDRO web site, on condition that they have obtained the prior express authorisation of EUROPE HYDRO.
In this case, it will not be an implicit affiliate agreement.
On the other hand, all hypertext links that refer back to the EUROPE HYDRO web site and that use the framing or deep linking technique are formally prohibited
Whatever the case, all links, even those that have been expressly authorised, must be removed upon a simple request by EUROPE HYDRO.
15. Completeness
Should any of the clauses of this contract become null and void as a result of a change in legislation, regulations or by a court ruling, this will in no way affect the validity and compliance with these terms of sale.
16. Term
These terms shall apply throughout the duration of the placing online of the services proposed by EUROPE HYDRO. They may be amended at any time by EUROPE HYDRO.
17. Governing law and jurisdiction
These terms are subject to French law.
Disputes ensuing from the enforcement of these terms of sale are governed by French law and may be settled only in French courts.
Disputes between EUROPE HYDRO and all professionals fall under the jurisdiction of the nearest Commercial Court, notwithstanding the presence of more than one defendant and / or third-party complaints, even for even for interim measures and expeditious proceedings.
18. Links to other sites
The www.europehydro.com web site may contain links to other web sites.
EUROPE HYDRO is not responsible for the contents and functioning of these web sites as well as for any prejudice or damages (virus, etc.) of any kind whatsoever suffered by the customer after logging on to these sites.
19. Proof
The provision online of the credit card number and the final validation of the order shall be deemed to be proof of the completeness of said order in accordance with the provisions of the law of 13 March 2000 and shall imply that the sums committed in selecting the items on the purchase order are due and payable.
This validation is equivalent to the signature and express acceptance of all the operations carried out on the web site. The computerised registers, stored in EUROPE HYDRO information systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Purchase orders, order confirmations and invoices are archived on a reliable and durable medium that corresponds to a faithful and durable copy in accordance with article 1348 of the Civil Code.
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