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General Terms and Conditions of Sale: www.aquabota.com
Article 1. Preamble
Article 2. Terminology
Article 3. Registration of personal data
Article 4. Protection of privacy
Article 5. Pricing
Article 6. Delivery: rates and conditions
Article 7. How to order
Article 8. Terms of payment
Article 8 bis - Payment in 3 or 4 instalments with Oney Bank
Article 9. Security of electronic funds transfers (EFT)
Article 10. Right of renunciation
Article 11. Guarantees and after-sales service
Article 12. Liability
Article 13. Copyright
Article 14. Completeness
Article 15. Duration
Article 16. Proof
Article 17. Conservation and archiving of transactions
Article 18. Applicable law and jurisdiction
Article 19. Product information
Article 1. Preamble.
The present conditions are concluded between, on the one hand, the company AquaBota as a natural person registered with the Banque Carrefour des Entreprises de Belgique under the number 0730.872.036 and located at 5140 Sombreffe | 18 Chaussée de bruxelles, hereinafter referred to under the trade name "AquaBota" and, on the other hand, persons wishing to make a purchase via the AquaBota website https://www.aquabota.com hereinafter referred to as the "user".
Identification
Physical person:
Mr Simon Kévin
Chaussée de Bruxelles 18
5140 Sombreffe
Belgium
0032 497 61 16 16
Registered with the BCE of Belgium under NE : 0730.872.036
VAT BE 0730.872.036
Trading name: AquaBota
Company name: AquaBota.com
Websites: www.aquabota.com
E-mail: sales@aquabota.com
General
The parties agree that their relations shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the site.
If a condition is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in Belgium.
The non-application of one or more provisions of these conditions may never be considered by the customer/buyer as a waiver of these conditions.
The purpose of these conditions is to define the terms and conditions of sale between AquaBota and the user, from the order to the services, including payment and delivery.
They regulate all the stages necessary for placing the order and ensure the follow-up of this order between the contracting parties.
Any user of the site who does not have a customer account must follow a registration procedure to obtain a customer account.
In all cases, final validation of the order implies acceptance of the order, in its entirety and at the price indicated, by the user.
This validation implies signature and express acceptance of all operations carried out on the site.
Article 2. Terminology.
The services offered by AquaBota on its Internet site, namely the sale of products for animals, shall hereinafter be referred to as the "AquaBota services", each person wishing to benefit from AquaBota's services and having satisfied the general conditions of sale shall hereinafter be referred to as a "customer", each company having mandated AquaBota to sell a product belonging to it on its site shall be referred to as a "supplier", each order placed by a customer under the conditions provided for shall hereinafter be referred to as "the order".
Article 3. Registration of personal data.
Any natural person or legal entity who registers during a visit to the "www.aquabota.com" website as a potential contracting party of AquaBota communicates their personal data to AquaBota by registering.
Registration implies explicit consent that their identification data may be processed in the AquaBota data file. Only legal entities or natural persons with full legal capacity may register.
During the registration process, the natural or legal person receives an ID number and chooses a password. This information is confirmed by the automatic sending of a summary email by AquaBota to the customer.
The customer is responsible for the confidentiality, security and proper use of their login and password.
Any use of a certain customer's login and password is assumed to have been made by that customer.
AquaBota may temporarily or permanently make it impossible to use the user name and password if it appears that the customer is in breach of one or more of the provisions of these general terms and conditions.
The party responsible for processing the customer's personal data is: "AquaBota" sales@AquaBota.com
This personal data is processed in AquaBota's data file for the purposes of customer administration, managing orders, deliveries, invoicing material and immaterial services, monitoring solvency, profile advertising, personalised processing and marketing.
Article 4. Protection of privacy.
Principles relating to the collection of personal data.
In principle, access to the information available on or via the AquaBota site takes place without having to provide personal data, such as surname, first names, postal address, e-mail address, etc.
Exceptionally, in order to obtain additional services (information request, reservation, member area, subscription to a newsletter, etc.) it is possible that personal information, essentially contact details, may be requested from the user. In this case, the user is notified in advance and the data is processed in accordance with the provisions of Directive 2002/58/EC on the processing of personal data. In practical terms, this means in particular that
Your personal data may only be collected and processed in accordance with the purposes indicated at the time of collection.
You have the right to access and rectify this data at any time, as well as the right to object, in order to check its accuracy and correct any errors it may contain. To do so, please send us an e-mail to sales@aquabota.com - clearly stating your contact details.
Use of browsing information for statistical purposes.
When you access the site, the servers consulted automatically collect the following data:
- the IP address assigned to you when you connect;
- the date and time of access to the site;
- the pages consulted
- the type of browser used;
- the platform and/or operating system installed on the PC;
- the search engine and keywords used to find the site.
This information is kept solely for the purpose of measuring the number of visitors to the various sections of the site and making improvements.
Use of cookies. AquaBota may occasionally use "cookies" to make it easier for you to navigate the site and to optimise technical management.
A "cookie" is a small piece of information saved by a website in your computer's Internet browser. This cookie can be retrieved during a subsequent visit to the same site. The cookie cannot be read by a website other than the one that created it. The site uses cookies for administrative purposes, for example to record your preferences for certain types of information, which will save you having to repeat the same keystrokes each time you visit our site.
Most cookies only function for the duration of a session or visit. None of them contain any information that could enable you to be contacted by telephone, e-mail or post. You can also configure your browser to inform you each time a "cookie" is created or to prevent them from being saved.
Article 5. Pricing terms and conditions.
All information relating to products, such as prices, is given on the corresponding description sheet for each product.
The sale price of each product presented on the AquaBota site is expressed in euros. This price includes VAT (where applicable). Any costs, delivery costs (see ART. 6 of the conditions of sale) and additional guarantee costs are not included in the basic price.
Sales without VAT to non-VAT payers are only possible if supporting documents are produced in advance.
The price paid by the purchaser, hereinafter referred to as the total price, is also explicitly indicated as such when the order is placed.
If you have any questions about the pricing terms and conditions, simply send an e-mail to sales@AquaBota.com.
Article 6. Delivery
Your purchases are packaged with the greatest care, using protective materials. The attention we pay to packaging enables us to offer delivery in the best possible conditions. Shipped products are insured free of charge against damage and theft for the duration of transport. You must therefore check the integrity of your order and all the items in it when you receive the parcel, in the presence of the person making the delivery, in order to make any necessary reservations. If you have any doubts about the condition or content of the order, you must refuse the goods on receipt. Any product refused must be returned to the carrier in its entirety and in its original packaging.
If you have chosen several items with a different stock status (in stock, out of stock, etc.) by default, all your items will be sent and delivered in a single shipment (the delivery time used is that of the longest item). In the event of a longer delay, AquaBota will contact the customer directly to inform them of the status of their order.
Refusal by the customer to take delivery of a package containing living matter (plants): any refusal by a customer to take delivery of a package, without prior agreement from AquaBota, precludes any recourse to after-sales service to deal with a problem with an order.
No credit note, refund or commercial gesture may be demanded on an order containing live matter.
Possible loss of parcel:
Despite the computerised tracking of our shipments, it may very exceptionally happen that a parcel is lost. In this case, please contact our customer service department by email: sales@aquabota.com
The following cases of force majeure in particular release AquaBota from its obligation to deliver: war, uprising, fire, strikes, bad weather, any other exceptional circumstance, accident and the impossibility of being supplied itself by suppliers or normal carriers.
In the following cases in particular, AquaBota may temporarily suspend delivery: disruptions to the internal network, disruptions to telephony, disruptions to (problematic) Internet access and the like. In such cases, performance of the contract will be suspended until the fault has been rectified and/or Internet access has been restored, without the purchaser being able to invoke dissolution of the contract and/or claim damages.
If you have any questions about delivery, please email us at sales@AquaBota.com.
Article 7. How to order.
The order is placed by the customer with AquaBota via the website. The order can only be registered on the site if the user has clearly identified himself either :
- by entering their customer ID, which is strictly personal to them.
- or by completing the registration form to obtain a customer ID, which will be sent to the user by e-mail confirmation.
Any order implies acceptance of the prices and description of the products available for sale. (See ART.5 of the conditions of sale). By placing an order online, the customer explicitly states that he/she wishes to enter into a sales contract with AquaBota and agrees to these general terms and conditions. The customer is informed of the confirmation of this order by e-mail, hereinafter referred to as the confirmation e-mail, which summarises the terms of the order. AquaBota undertakes to honour orders received on the website only within the limits of available stocks of products. If a product is not available, AquaBota undertakes to inform the customer as soon as possible. In the event of restocking, AquaBota has a period of 7 working days to be restocked, but this period is given for information purposes only.
The sales contract between AquaBota, on the one hand, and the customer, on the other, therefore comes into being when AquaBota accepts the order.
If the customer has any questions about the ordering process, they should send an email to sales@AquaBota.com.
Article 8. Terms of payment.
In order to process orders as quickly as possible and to offer the best possible service, AquaBota invites the customer to pay the purchase price when the order is placed. In the event that the order is cancelled (see ART.10 of the conditions of sale), AquaBota is obliged to reimburse the sums paid by the customer, without compensation. The cost of returning the parcel shall be borne by the customer (see ART.10 of the conditions of sale). The purchase price is paid when the order is placed via the Mollie server (See ART.9 of the conditions of sale), which AquaBota uses to ensure that the customer's bank details are encrypted and then transmitted securely:
- Either by indicating the type of payment card (Visa, Eurocard, Mastercard), the number of the payment card, its expiry date and any visual cryptogram by explicitly instructing the payment card holder's account to be debited;
- By Home Banking (ING Home'Pay, Belfius NetBanking and Belfius Direct Net, KBC Online and CBC Online).
- Or by Bancontact / Mistercash for customers of BNP Parisbas, Belfius and ING banks.
- Or by transfer / national or international bank transfer with any type of PC or Home Banking account (Belfius, ING, CBC/ KBC, BNP Paribas, Axa, La Poste, Rabobank, international accounts, etc.).
Authorisation: the money is reserved-blocked on the buyer's account, waiting to be either transferred to the merchant's account in a second step (data capture) or to be released when the authorisation is cancelled. NB: Deferred payment and authorisation followed by "data capture" are only possible for credit card payments.
If you have any questions about payment methods, simply send an e-mail to sales@aquabota.com.
Article 8 bis - Payment in 3 or 4 instalments with Oney Bank
Payment in 3 or 4 instalments by bank card is offered by our partner
Oney Bank, for purchases between €100 and €3,000.
This financing solution is reserved for private individuals (over 18 years of age)
residing in France and holding a Visa or MasterCard bank card with a validity date
is longer than the term of the loan.
Systematic authorisation cards (Electron, Maestro, Nickel, etc.), e-cards,
Indigo and American Express cards are not accepted.
How to subscribe :
After validating the order, the customer selects payment in 3x or 4x Oney.
They are then redirected to the secure Oney Bank page displaying the order summary
and the personalised finance application.
The customer takes note of the general terms and conditions of payment provided in PDF format,
which they can read, save and print before accepting.
Electronic acceptance by double-clicking constitutes irrevocable and unconditional consent.
Oney Bank reserves the right to accept or refuse the financing request.
The customer has a legal period of 14 days to exercise his right of withdrawal.
How payment works :
- A compulsory deposit is debited on the day of dispatch confirmation.
- The balance is debited in 2 or 3 monthly instalments at 30, 60 and 90 days.
- Charges may apply:
- 1.67% of the total amount for payment in 3 instalments (maximum €30)
- 2.50% for payment in 4 instalments (maximum €60)
Examples:
Payment in 3 instalments for a purchase of €150:
deposit of €52.51, then 2 monthly payments of €50
2-month loan at a fixed APR of 22.59
Cost of finance: €2.51 (maximum €30).
Payment in 4 instalments for a purchase of €400:
deposit of €110, then 3 monthly payments of €100
3-month loan at a fixed APR of 22.63%.
Cost of finance: €10 (maximum €60).
Finance offer without insurance, valid until 13/11/2024, subject to revision.
For more information, visit www.oney.fr.
Oney Bank - SA with capital of €71,801,205
34 avenue de Flandre, 59170 Croix, France
RCS Lille Métropole 546 380 197 - ORIAS No. 07 023 261
General Terms and Conditions of Sale in force on 1 November 2024.
Article 9. Security of electronic fund transfers.
Transaction procedures on the AquaBota merchant site are carried out with the highly secure payment service provider Mollie.
As experts in payment security, Mollie guarantee that sensitive data is transmitted and stored in accordance with the highest security and quality standards.
How does it work?
1. The customer logs on to the AquaBota website, selects items which he places in his "shopping basket" and expresses his wish to place the order.
2. After registering, the customer enters their delivery and invoicing details. The total amount of the order including all taxes and delivery charges is indicated.
3. After receiving a complete summary of their order, customers confirm that they wish to proceed to the payment stage.
4. The customer is redirected transparently to the Mollie website, where they enter their payment parameters (payment method, home banking, credit card number, etc.).
5. Payment is requested from the financial institution concerned.
6. The customer receives the result of the transaction, which can be printed and kept as proof.
7. AquaBota carries out the automated post-sales processing and sends the package to the customer.
When the time comes to enter the payment parameters, the customer is automatically redirected to the Mollie site. The exchange of sensitive information - such as the credit card number - therefore takes place between the customer and the Mollie site; AquaBota has no knowledge of this. Not only does this mechanism preserve the confidentiality of the information vis-à-vis AquaBota, but it also allows new payment methods to be incorporated without any need to modify the programming of the merchant's site.
In addition, all transaction costs (commissions from the various financial institutions) are fully covered by AquaBota.
At the end of the payment process, the hand is returned to the merchant's site so that it can carry out the 'after-sales' processing of its choice (stock update, possibility of downloading an intangible item, etc.).
This system therefore offers all the advantages for payments on the AquaBota merchant site:
- Confidential information is protected using SSL or SET technology. No information of this type passes unencrypted over the network.
- Ensuring the confidentiality of payment data (particularly credit card numbers).
- The merchant or applications on the merchant's site have no knowledge of the purchaser's credit card number.
- All communication between the customer's browser and Mollie uses 128-bit SSL encryption techniques. It is not possible for the customer to use a browser that does not support this encryption technique. Mollie is protected by various firewall systems and protocol conversions to prevent access to data or payment processors by unwanted visitors.
Article 10. Right of renunciation.
The buyer has the right to notify AquaBota that he/she renounces the purchase without paying a fine and without giving a reason within 14 working days from the day after delivery of the order.
Acceptance of goods
The guarantee does not cover "consumable" products such as food, live animals, plants, algae and perishable products.
Our company cannot be held responsible in the event of insignificant loss.
However, we will intervene in the event of abnormally high losses due to transport, if and only if remarks are stipulated on the delivery note.
In this case, photos of the losses must be sent to us within 24 hours.
The recipient is requested to check the external condition of the packages on receipt, in the presence of the carrier. For live or preserved biological materials, the contents of the package must be checked immediately in the presence of the carrier.
Any anomaly noted at the time of delivery (damaged or missing package, breakage, damage, etc.), must give rise to handwritten mention on the delivery note of precise and signed reservations, confirmed by registered letter addressed to the carrier at the latest within 24 hours of delivery. A copy of this letter must also be sent to AquaBota - 18 Chaussée de Bruxelles, 5140 Sombreffe, Belgium OR sales@aquabota.com within the same timeframe .
It is the responsibility of the recipient to make the usual reservations with the carrier within 48 hours. Under the terms of the general conditions of transport insurance policies, equipment remains insured only for a maximum period of 14 days after notification of arrival sent to the recipient by the carrier. It is the buyer's responsibility to clear the goods through customs during this period. After this period, the equipment is no longer insured and no reimbursement can be made, particularly in the event of breakage, missing items or damage.
In the event of damage or shortage, oral reservations, even if confirmed by letter, and the words "subject to unpacking" have no legal value.
It is ESSENTIAL to carry out the following two operations successively:
1) Write the SPECIFIC RESERVATIONS on the unloading document in the presence of the delivery person.
2) Send us photos of the damaged product(s) to the following e-mail address: sales@aquabota.com
The right of return cannot be exercised for personalised items or items made to the customer's request and specifications (e.g. made-to-measure aquariums), unless the reason for the return is based on an error on our part or a defect in the item. In application of article VI.53 CDE of the French Consumer Code, the right of withdrawal cannot be exercised for orders for live animals, corals, plants, algae, frozen products, invertebrates, fish and perishable products.
The buyer must be notified by e-mail (sales@aquabota.com). On this occasion, and as soon as the buyer has complied with the deadline described in the paragraph above, he/she will be given a returns authorisation number. In the event of the return of a parcel and after having notified AquaBota by e-mail within the time limits described above, the cost of returning the parcel is always payable by the customer. The customer is also advised to work with the Post Office services, for a secure and guaranteed delivery. The customer will be asked to protect the returned items with the utmost care.
To make life easier for you when you return an item, AquaBota offers to refund you by transfer to your bank account. To take advantage of this practical, secure and fast service, simply enter your bank account number on the packing slip enclosed with the returned items. We will make the transfer as soon as possible (maximum 30 days) after AquaBota becomes aware of your wish to cancel and after the products have been returned to AquaBota. The cost of sending the parcel will not be reimbursed.
In the event of improper returns, AquaBota reserves the right to refuse a subsequent order.
If you have any questions about the cancellation procedure, simply send an email to sales@aquabota.com.
Article 11. Guarantees and after-sales service (SAV).
Items sold benefit from the 2-year legal guarantee for electronic devices, as described in the law of 1st September 2004, the law relating to consumer protection in the event of the sale of consumer goods.
In the case of an exchanged order or a return, the cost of sending the item(s) will be borne by the customer and will not be covered by our company.
In the event of failure to collect an item from a collection point, resulting in an automatic return, the cost of returning the item will be deducted from the refund.
Whatever the problem with your item, it is essential that you enclose a copy of the invoice, the warranty card (included in the box) and the returns slip with the faulty appliance.
Please note that the guarantee does not apply to the repair of damage resulting from a cause external to the appliance (e.g. accident, shock, lightning, power fluctuation, replacement of consumables such as batteries, bulbs, fuses, etc.). Or a fault on the part of the customer resulting, for example, from use or installation that does not comply with the manufacturer's specifications, use that is detrimental to the good preservation of the appliance, commercial or collective use, use of unsuitable peripherals, accessories or consumables.... In this respect, we invite you to carefully consult the instructions for use supplied with the products.
In the event of products that do not comply with the information given when the products are presented on the site or that have hidden defects, they will be replaced or reimbursed depending on the availability of similar products and the customer's wishes. Items covered by a guarantee will only be returned if accompanied by the delivery note. If the product cannot be replaced due to lack of stock, you will receive a gift voucher for the value of your purchase price to be redeemed in the AquaBota shop.
Products that have been modified, repaired, integrated or added by the customer or any other person not authorised by the Supplier are also excluded from the guarantee. The guarantee shall not apply to apparent defects. The guarantee will not cover products damaged by misuse.
All returns must be authorised in advance by AquaBota with the allocation of a returns number. The customer must therefore send a request to sales@aquabota.com, after written acceptance by AquaBota.
Article 12. Liability.
The company AquaBota, under the trade name AquaBota, only has a best endeavours obligation for all stages of access to the site, the ordering process, delivery or subsequent services.
AquaBota may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with case law.
AquaBota may not be held liable for damage of any kind, whether material, immaterial or physical, which may result from the malfunction or misuse of the products marketed. The same applies to any product modifications resulting from suppliers.
AquaBota's liability shall in any event be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have occurred despite all the precautions taken in the presentation of the products.
AquaBota may not be held liable to a customer or a third party for any indirect damage, loss of operation, profit or turnover, arising in any way whatsoever.
Without limiting the preceding paragraphs, AquaBota's liability under these general terms and conditions may not exceed a sum equal to the sums paid or payable at the time of the transaction giving rise to said liability, whatever the cause or form of the action concerned.
AquaBota may not be held liable for non-performance of the contract entered into in the event of the product being out of stock or unavailable, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding or fire.
AquaBota undertakes not to divulge to third parties any information communicated by customers on the site. This information is confidential. It will only be used by its internal services to process your order and to strengthen and personalise communication, in particular by means of information letters/emails, as well as in the context of personalising the site according to the preferences noted by users. AquaBota may provide consolidated statistics relating to its customers, sales, trade structures and information on the site to trusted third parties, but these statistics will not contain any personal data.
AquaBota therefore does not sell, market or rent information concerning its customers to third parties.
Article 13. Copyright.
Legal information - Conditions of use of the site
Use of the AquaBota site is subject to compliance with the general conditions described above. By accessing this site, you declare that you have read and accepted, without the slightest reservation, these general conditions of use.
Quality of information and service, limitation of liability
The hypertext links present on the AquaBota portal site and directing users to other Internet sites do not engage the responsibility of AquaBota with regard to the content of these sites. The customer shall comply with their conditions of use.
Intellectual property rights
The texts, layouts, illustrations and other constituent elements of the site are protected by copyright or, in the case of databases, by a specific right. All these elements are the property of AquaBota or, where applicable, of a third party from whom AquaBota has obtained the necessary authorisations.
Unless otherwise stipulated, the textual or numerical information appearing on the site may be used free of charge, provided that the source is acknowledged and solely for non-commercial or advertising purposes. On the other hand, any commercial or advertising reproduction of this information, as well as any form of use or reproduction of the other elements making up the site, such as the graphic line, images, sounds or computer applications, is strictly forbidden without prior authorisation. Any such request should be addressed to the management of AquaBota (sales@aquabota.com).
Creation of hyperlinks to the site
AquaBota authorises the creation, without prior request, of surface linking to the home page of the portal site or to any other page in its entirety. On the other hand, the use of any techniques aimed at including all or part of the portal site in an Internet site by masking, even partially, the exact origin of the information or which may lead to confusion as to the origin of the information, such as framing or in-lining, requires the written authorisation of AquaBota. Any such request should be addressed to the AquaBota management (sales@aquabota.com).
Information transmitted
Do not transmit any information that is illegal, threatening, defamatory, obscene, scandalous, provocative, pornographic or blasphemous, or any other information that may give rise to civil or criminal liability, in accordance with the law of the Territory to which this site refers.
Article 14. Completeness.
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with these general terms and conditions of sale.
Article 15. Duration.
These terms and conditions shall apply for the entire time that the services offered by AquaBota are online.
Article 16. Proof.
The computerised registers, kept in the computer systems of AquaBota and its partners under reasonable conditions of security, shall be considered as proof of the communications, orders and payments that have taken place between the parties.
The items sold by AquaBota conform to the description and presentation given in the catalogue. Despite all our precautions, errors may have crept into this catalogue. Under no circumstances may we be held liable for such errors.
Article 17. Preservation and archiving of transactions.
Order forms and invoices are archived on a reliable and durable medium, so as to correspond to a faithful and durable copy. All our data is hosted on a server in France.
Article 18. Applicable law and jurisdiction.
These conditions are subject to Belgian law. In the event of a dispute, the customer shall first contact AquaBota to obtain an amicable solution. Failing this, only the courts of the judicial district of Charleroi shall have jurisdiction, regardless of the place of delivery and the methods of payment accepted.
Article 19. Product information
On simple request by e-mail to sales@aquabota.com, we can provide you with the validity date and batch number of each product.
General Terms and Conditions of Sale dated 1st November 2024.