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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. Price terms and conditions
Article 6. Delivery: rates and conditions
Article 7. Terms and conditions of order
Article 8. Methods of payment
Article 9. Security of electronic fund transfers
Article 10. Right of renunciation
Article 11. Warranties and after-sales service
Article 12. Liability
Article 13. Copyright
Article 14. Integrity
Article 15. Duration
Article 16. Evidence
Article 17. Preservation 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 at the Crossroads Bank of Enterprises of Belgium under the number 0730.872.036 and located at 1495 Sart-Dames-Avelines | 35 Rue du Try, hereinafter referred to as "AquaBota" and, on the other hand, the persons wishing to make a purchase via the AquaBota website https://www.aquabota.com, hereinafter referred to as "the user".
Identification
Natural person:
Mr. Simon Kevin
Rue du Try 35
1495 Sart-Dames-Avelines
Belgium
0032 497 61 16 16
Registration at the ECB of Belgium under the BN: 0730.872.036
VAT BE 0730.872.036
Commercial sign: AquaBota
Name: AquaBota.com
Websites: www.aquabota.com
E-mail: sales@aquabota.com
General
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site.
If a condition should be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in Belgium.
The non-application of one or more provisions of these conditions can never be considered by the client/buyer as a renunciation of these conditions.
The present conditions are intended 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 steps necessary to place the order and ensure the follow-up of this order between the contracting parties.
Any user of the site who does not hold a customer account will have to follow a registration procedure allowing him/her to obtain, subsequently, his/her customer account.
In all cases, the final validation of the order implies the acceptance of the order, in its entirety and at the price indicated, by the user.
This validation is equivalent to signature and express acceptance of all operations carried out on the site.
Article 2. Terminology.
The services offered by AquaBota on its website, namely the sale of products for pets, will hereinafter be referred to as the "AquaBota services", each person who wishes to use AquaBota's services and who has complied with the general conditions of sale will hereinafter be referred to as a "customer", each company that has appointed AquaBota to sell a product belonging to it on its website will hereinafter be referred to as a "supplier", each order made by a customer under the conditions provided will hereinafter be referred to as "the order".
Article 3. Registration of personal data.
Any natural or legal person, who registers during a visit to the website "www.aquabota.com" as a potential contracting party of AquaBota, communicates by his registration his personal data to AquaBota.
Registration implies explicit consent that his or her identification data can be processed in AquaBota's data file. Only legal entities or natural persons with full legal capacity and the ability to act may register.
During the registration process, the natural or legal person receives an identification number and chooses a password. This information is confirmed by AquaBota automatically sending a summary email to the customer.
The customer is responsible for the confidentiality, security and actual use of his or her login and password.
Any use of a certain customer's login and password is assumed to have been made by that customer.
AquaBota may make it impossible to use the username and password either temporarily or permanently if it appears that the customer is in breach of one or more of the provisions of these general terms and conditions.
The person responsible for the processing of the customer's personal data is: "AquaBota" sales@AquaBota.com.
The processing of these personal data in the AquaBota data file takes place for the purposes of customer administration, order management, deliveries, invoicing of material and immaterial services, solvency monitoring, advertising by means of the profile, 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 website is carried out without having to provide personal data, such as name, postal address, e-mail address, etc.
Exceptionally, in order to obtain additional services (request for information, reservation, member area, subscription to a newsletter, etc.) it is possible that personal information, mainly 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 concrete terms, this means in particular that:
Your personal data may only be collected and processed in accordance with the purposes stated 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 to it, in order to verify its accuracy and to have any errors corrected. To do so, please send us an e-mail to sales@aquabota.comen specifying your contact details.
Use for statistical purposes of information relating to navigation.
When you access the site, the servers consulted automatically collect the following data:
- The IP address that is 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 the operating system installed on the PC;
- the search engine as well as the keywords used to find the site.
This information is kept for the sole purpose of measuring the number of visitors to the various sections of the site and to make improvements.
Use of cookies. In order to facilitate your navigation on the site as well as to optimise technical management, AquaBota may occasionally use "cookies".
A "cookie" is a small piece of information stored by a website in the Internet browser of your computer. 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 to, for example, record your preferences for certain types of information, so that you do not have to repeat the same keystrokes each time you visit our site.
Most "cookies" only work for the duration of a session or visit. None of them contain information that would make it possible for 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 it from being saved.
Article 5. Terms and conditions of prices.
All the information relating to the products as well as the prices are included in the corresponding descriptive sheet of each product.
The selling price of each product presented on the AquaBota website is expressed in Euros. It is a price that includes VAT (when applicable). Possible delivery costs (see ART.6 of the sales conditions) and additional warranty costs are not included in the basic price.
Sales without VAT to persons not subject to VAT 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 stated as such when the order is placed.
If the customer has any questions about the price terms and conditions, it is sufficient to send an e-mail to sales@AquaBota.com.
Article 6. Delivery.
Your purchases are packed with the utmost care, using protective materials. The attention we pay to the packaging allows us to offer a delivery in the best conditions. The products shipped are insured free of charge against damage and theft throughout the transport. You must therefore make sure of the integrity of your order and all the items that make it up upon receipt of the package and in the presence of the person making the delivery in order to make a reservation if necessary. In the event that you have any doubt about the condition or content of the order, you are required to refuse the goods on receipt of the order. Any refused product will have to be handed over 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 one shipment (the time taken is that of the longest item). In case of a longer delay, AquaBota will contact the customer directly to inform him/her about the status of his/her order.
Refusal of reception of a package containing living matter (plants) by the customer : any refusal of reception of a package by a customer, without having first had the agreement of the company AquaBota, cuts off any recourse to the after-sales service to deal with a problem on an order.
No credit note, refund or commercial gesture can be demanded on an order that includes living goods.
Possible loss of package :
Despite the computer tracking of our shipments, it is very exceptionally possible that a package may be lost. In this case, we invite you to contact our customer service by Email : sales@aquabota.com.
The following cases of force majeure in particular release AquaBota from its obligation to deliver: war, revolt, fire, strikes, accidents and the impossibility of being supplied by normal suppliers or carriers.
AquaBota may temporarily suspend delivery in the following cases in particular: internal network faults, telephone faults, (problematic) Internet access faults and similar. The performance of the contract is then suspended until the fault is rectified and/or Internet access is restored without the purchaser being able to claim dissolution of the contract and/or damages.
If you have any questions regarding delivery, please send us an e-mail to sales@AquaBota.com.
Article 7. Terms and conditions of order.
The order is placed by the customer to AquaBota via the website. The order can only be registered on the site if the user has clearly identified himself either :
- by entering his customer identifier which is strictly personal to him.
- or by completing the registration form enabling him to obtain the allocation of a customer identifier which will be sent to him 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 online order, the customer explicitly indicates that he wants to conclude a sales contract with AquaBota and that he agrees with these general 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 fulfil orders received on the website only within the limits of the available stocks of products. If the product is not available, AquaBota undertakes to inform the customer as soon as possible. In case of restocking, AquaBota has a period of 7 working days to be restocked, but this period is given for information purposes only.
The contract of sale between AquaBota on the one hand and the customer on the other hand, therefore, comes into existence at the moment of acceptance of the order by AquaBota.
If the customer has any questions about the order process, he can send an e-mail to sales@AquaBota.com.
Article 8. Terms of payment.
In order to process orders in the shortest possible time and to offer the best service, AquaBota invites the customer to pay the purchase price at the time of placing the order. If the order is waived (see ART.10 of the sales conditions), AquaBota is obliged to reimburse the sums paid by the customer, without compensation. The cost of returning the package is the responsibility of the customer (see ART.10 of the sales conditions). The purchase price is paid at the time of the order via the Mollie server (See ART.9 of the sales conditions), which AquaBota uses to encrypt the customer's bank details and transmit them securely:
- Either by indicating the type of payment card (Visa, Eurocard, Mastercard), the number of the payment card, its expiry date and its possible visual cryptogram by the explicit order to debit the account of the holder of the payment card;
- Or by Home Banking (ING Home'Pay, Belfius NetBanking and Belfius Direct Net, KBC Online and CBC Online).
- Or by Bancontact / Mistercash for customers of the banks BNPPARIBAS, BELFIUS, ING.
- 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...).
Authorization: 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 authorization 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, please send an e-mail to sales@aquabota.com.
Article 9. Security of electronic fund transfers.
The transaction procedures on the AquaBota merchant site are carried out with the highly secure payment service provider Mollie.
As experts in payment security, Mollie guarantees that sensitive data is transmitted and stored according to the highest standards of security and quality.
Operation :
1. The customer connects to the AquaBota website, selects items that he places in his "shopping cart" and expresses his willingness to place the order.
2. The customer, after registering, enters his delivery and invoicing details. The total amount of the order including all taxes and shipping costs are indicated to him.
3. After receiving a complete summary of his order, the customer confirms his willingness to proceed to the payment stage.
4. The customer is redirected in a transparent way to the Mollie site, where he enters his payment parameters (payment method, home banking, credit card number ...).
5. Payment shall be requested from the financial body concerned.
6. The customer receives the result of the transaction, which he can print and keep as authentic proof.
7. AquaBota carries out the automated after-sales processing and sends the package to the customer.
When it is time to enter the payment parameters, the customer is automatically redirected to the Mollie site. The exchange of sensitive information - such as credit card number - is therefore between the customer and the Mollie site; AquaBota has no knowledge of it. Not only does this mechanism preserve the confidentiality of the information vis-à-vis AquaBota, but it also makes it possible to incorporate new payment methods without having 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 he can carry out the "after-sales" processing of his choice (stock update, possibility of downloading an intangible good, 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 is transmitted unencrypted over the network.
- Ensuring the confidentiality of payment data (including credit card numbers).
- The merchant or applications on the merchant's site are not aware of the buyer's credit card number.
- All communication between the customer's browser and Mollie is done using 128-bit SSL encryption techniques. It is not possible for the customer to use a browser that does not support this encryption technique. Mollie are 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 renounces the purchase without paying a fine and without giving any reason within 14 working days from the day after delivery of the order.
receipt of package(s)
Excluded from the coverage are "consumable" products such as food, live animals, plants, algae and perishable products.
Our company cannot be held liable for any immaterial loss.
However, we will intervene in the event of abnormally high loss due to transport, if and only if remarks are stipulated on the receipt form.
In this case you must send us photos of the losses within 24 hours.
The recipient is requested to check the external condition of the packages upon receipt, in the presence of the carrier. For living 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 parcel, breakage, damage, etc.), must give rise to a handwritten mention on the delivery note, precise and signed reservations, confirmed by registered letter sent to the carrier at the latest within 72 hours following delivery. A copy of this letter should also be sent to AquaBota - 35 Rue du Try, 1495 Sart-Dames-Avelines, Belgium OR sales@aquabota.com within the same time frame.
It is the responsibility of the recipient to make the usual reservations within 48 hours with the carrier. Under the terms of the general conditions of the transport insurance policies, the equipment remains insured for a maximum period of 15 days after the carrier has sent the consignee a notice of arrival. It is the buyer's responsibility to carry out customs clearance operations during this period. Beyond that, the equipment is no longer insured and no refund could be made, particularly in the event of breakage, missing or damaged equipment.
In the event of damage or missing information, oral reservations, even confirmed by letter, as well as the words "sub-reserve of unpacking" are without legal value.
It is MANDATORY to perform the following two operations in succession:
1) Record the PRECISE RESERVES on the discharge document in the presence of the deliverer.
2) Send us pictures of the damaged product(s) to the email address: sales@aquabota.com.
The right of return may not be exercised for items that are personalized or made to order and according to the customer's specifications (e. g. custom aquarium), unless the reason for the return is based on an error on our part or a defect in the item. In accordance with Article VI.53 CDE of the Consumer Code, the right of withdrawal may not be exercised for orders of live animals, corals, plants, algae, frozen products, invertebrates, fish and perishable products.
To make it easier for you when you return an item, AquaBota offers to reimburse you by transfer to your bank account. To take advantage of this convenient, safe and fast service, simply fill in your bank account number on the packing slip that accompanies the returned items. We will make the transfer as soon as possible (maximum 30 days) after AquaBota has become aware of your intention to renounce and after the products have been returned to AquaBota. The cost of sending the package will not be refunded.
In case of abusive returns, AquaBota reserves the right to refuse a subsequent order.
If the customer has any questions regarding the terms and conditions of the waiver, simply send an email to sales@aquabota.com.
Article 11. Warranties and after-sales service.
The items sold benefit from the 2-year legal warranty for electronic devices, as described in the law of September 1st 2004, law on the protection of consumers in the event of the sale of consumer goods.
In the case of an exchanged order or a return, the shipping costs of the article(s) are the responsibility of the customer and will not be borne by our company.
Whatever the problem concerning your article, it is imperative to join with the defective device a copy of the invoice, the warranty card of this one (present in the box) and the return form.
Attention, the guarantee does not apply to the repair of damage resulting from a cause external to the device (for example, accident, shock, lightning, current fluctuation, replacement of consumables such as batteries, bulbs, fuses, ...). Or a fault of the customer resulting for example from a use or an installation not conforming to the manufacturer's specifications, from a use harmful to the good conservation of the device, from a commercial or collective use, from the 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 have hidden defects, they will be replaced or reimbursed depending on the availability of similar products and the customer's wishes. Items benefiting from a guarantee will only be taken back 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 used in the AquaBota shop.
Also excluded from warranty are products that have been modified, repaired, integrated or added by the customer or any other person not authorized by the Supplier. The warranty shall not apply to apparent defects. The warranty will not cover products damaged by improper use.
All returns must be authorized in advance by AquaBota with the allocation of a return number. The customer must therefore make a request to sales@aquabota.com, after written acceptance by AquaBota.
Article 12. Liability.
The company AquaBota, under the commercial name AquaBota, has, for all stages of access to the site, the order process, delivery or subsequent services, only an obligation of means.
AquaBota cannot 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 any fact qualified as force majeure, in accordance with jurisprudence.
AquaBota cannot be held responsible for any damage of any kind, whether material, immaterial or corporal, that may result from the malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from suppliers. The responsibility of AquaBota will, in any case, be limited to the amount of the order and will not be held responsible for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products.
AquaBota shall not be liable to any customer or third party for any consequential damages, business interruption, loss of business, profit or turnover arising in any way whatsoever.
Without limiting the foregoing, AquaBota's liability under these terms and conditions shall not exceed an amount equal to the amounts paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action.
AquaBota shall not be held liable for breach of contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire.
AquaBota undertakes not to disclose to third parties the information communicated by customers on the site. This information is confidential. It will only be used by its internal departments for the processing of your order and to strengthen and personalise communication, in particular through newsletters/e-mails, as well as to personalise the site according to users' preferences. AquaBota may provide consolidated statistics relating to its customers, sales, trade patterns and site information to trusted third parties, but these statistics will not contain any personal data.
AquaBota does not sell, trade, or rent customer information to third parties.
Article 13. Copyright.
Legal information - Terms of use of the site
The use of the AquaBota site is subject to compliance with the terms and 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 hyperlinks on the AquaBota portal site directing users to other websites do not engage the liability of AquaBota for the content of these sites. The customer will comply with their terms of use.
Intellectual property rights
The texts, layouts, illustrations and other elements making up 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 but only if the source is mentioned and only for non-commercial or advertising purposes. On the other hand, any reproduction of a commercial or advertising nature of this information, as well as any form of use and reproduction of the other constituent elements of 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 AquaBota management ( sales@aquabota.com ).
Creation of hyperlinks to the site
AquaBota authorises the creation without prior request of surface links (surface linking) that refer to the home page of the portal site or to any other page in its entirety. On the other hand, the use of any technique 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 could lead to confusion as to the origin of the information, such as framing or in-lining, requires the written permission of AquaBota. Any such requests should be addressed to the AquaBota management ( sales@aquabota.com ).
Transmitted information
Do not transmit any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or blasphemous information, or any other information that could give rise to civil or criminal liability under the law of the Territory to which this site refers.
Article 14. Entirety.
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
Article 15. Duration.
The present conditions apply for the entire duration of the services offered by AquaBota.
Article 16. Proof.
The computerized registers, kept in the computer systems of AquaBota and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
The items sold by AquaBota are as described and presented in the catalogue. Despite all our precautions, errors may have crept into this catalogue. In no case can we be held liable for these errors.
Article 17. Preservation and archiving of transactions.
The archiving of purchase orders and invoices is carried out on a reliable and durable support, so as to correspond to a faithful and durable copy. All our data is hosted on a shared server in Switzerland.
Article 18. Applicable law and jurisdiction.
The present conditions are subject to Belgian law. In the event of a dispute, the customer will address by priority to AquaBota to obtain an amicable solution. Failing this, only the courts of the judicial district of Charleroi are competent, 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 give you the validity date and batch number of each product.
Terms and Conditions of Sale dated July 1, 2020.