This website, accessible at the URL https://www.aquagenius.eu (the “Site”), is published by SAS AQUAGENISHOP, a company with a capital of 1000 euros, registered with the R.C.S. of Paris under the number 927611228, whose head office is located at 122 rue Amelot, 75011 Paris (France), represented by Antoine Branco, duly authorized (hereinafter referred to as the “Operator”). The Operator’s individual VAT number is FR 17927611228.
The Site is hosted by Hostinger International Ltd, located at 61 Lordou Vironos Street, 6023 Larnaca (Cyprus), Contact: https://www.hostinger.fr/contact.
The Site’s publication director is Antoine Branco.
The Operator can be reached at the following email address: contact@aquagenius.eu.
The General Terms and Conditions of Sale (the “Terms and Conditions of Sale”, or the “T&Cs”) apply exclusively to the online sale of products offered by the Operator on the Website.
The T&Cs are made available to customers on the Website where they can be directly consulted and can also be communicated to them upon simple request by any means.
The T&Cs are binding on the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the buyer of the T&Cs in effect on the day of the order, the conservation, and reproduction of which are ensured by the Operator.
The Site is an online sales site for smart water bottles (hereinafter the “Product(s)”), open to any individual or legal entity using the Site (the “Customer”).
The Products presented on the Site each have a description mentioning their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The Product user manual is provided upon delivery. The Products comply with the requirements of current French law.
The Customer remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at their charge. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration they use is secure and in working order.
To place an order on the Site, the Customer must first create their personal client area. Once created, to access it, the Customer must identify themselves using their identifier and secret, personal, and confidential password. It is the Customer’s responsibility not to disclose their identifier and password in accordance with the provisions of the PERSONAL DATA article of these Terms and Conditions. Each Customer agrees to keep strict confidentiality of their data, particularly their identifier and password, allowing them to access their client area, acknowledging that they are solely responsible for access to the Service through their identifier and password, except in the case of proven fraud. Each Customer also agrees to inform the Operator without delay in the event of loss, misappropriation, or fraudulent use of their identifier and/or password.
After creating their personal client area, the Customer will receive an email confirming the creation of their client area.
The Customer agrees, when registering, to:
The Customer also agrees not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at their sole fault.
The Operator strives to ensure optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator’s best efforts, a Product is found to be unavailable after the Customer’s order, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between:
It is agreed that, apart from the refund of the price of the unavailable Product if this option is requested by the Customer, the Operator is not required to pay any cancellation compensation unless the non-performance of the contract is personally attributable to them.
Except as otherwise stated in these Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer’s orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their cart by indicating the selected Products and the desired quantities. The Customer has the opportunity to check the details of their order and its total price and to return to previous pages to possibly correct the contents of their cart before validating it.
The Client agrees to read the Terms and Conditions in effect at the time before accepting them and confirming the terms and any delivery and withdrawal fees before paying for their order. The confirmation of the order implies acceptance of the T&Cs and forms the contract.
Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and no later than at the time of delivery. The Operator strongly advises the Client to print and/or archive on a reliable and durable medium this order confirmation as proof. A digital invoice will be sent to the Client by email after payment and validation of their order. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Client as part of an order will be sent to the email address used by the Client to identify themselves in their client area.
The Operator reserves the right not to validate the Client’s order for any legitimate reason, particularly in the event that:
The Operator archives the sales contracts of Products in accordance with applicable legislation. By making a request to the following address contact@aquagenius.eu, the Operator will provide the Client with a copy of the requested contract.
Any modification of the order by the Client after confirmation of their order is subject to the agreement of the Operator.
The information provided by the Client when placing the order (notably name and delivery address) is binding. Therefore, the Operator cannot be held liable in any way if an error during the order process prevents or delays delivery.
The Client declares having full legal capacity to commit to these Terms and Conditions.
Registration is open to capable adults and minors provided they act under the supervision of a parent or guardian holding parental authority. In no case is registration allowed on behalf of third parties unless duly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Client.
In case of breach by the Client of any provisions herein, the Operator reserves the right to terminate the account of the said Client without notice.
The Client expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price in exchange for the provision of the ordered Product.
In any event, the Operator reserves the right to verify the validity of the payment, before dispatching the order, by any necessary means.
The Operator uses the online payment solutions Stripe and Paypal.
Orders can be paid using one of the following payment methods:
If applicable, the order validated by the Client will only be considered effective when the secure banking payment center has given its approval for the transaction.
As part of control procedures, the Operator may request the Client to provide any necessary documents to finalize their order. These documents will not be used for any purposes other than these.
The price of the Products in effect at the time of the order is indicated in euros, including all taxes (TTC), excluding delivery and transportation costs. In the case of a promotion, the Operator agrees to apply the promotional price to any order placed during the period of the promotion’s advertisement.
The price is payable exclusively in euros (€). The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
If delivery or transportation fees apply, they will be added to the price of the Products and indicated separately before the Client’s order validation. The total amount due by the Client and its details are indicated on the order confirmation page.
The contract between the Operator and the Client is formed when the Client sends the order confirmation.
The Client’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Client places an order, they must confirm it using the “double-click” technique, which means that after selecting Products added to the cart, the Client must check and, if necessary, correct the contents of their cart (identification, quantity of selected products, price, delivery terms, and fees) before validating it by clicking on “I confirm my delivery.” Then, they acknowledge acceptance of these T&Cs before clicking on the “I pay” button, and finally, they validate their order after entering their banking details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Client.
The archiving of communications, order forms, and invoices is carried out by the Operator on a reliable and durable medium to provide a faithful and durable copy. These communications, order forms, and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone constitutes proof of all transactions between the Operator and its Clients.
The order can be canceled by the Client by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
The order can be canceled by the Operator in the event of:
The Operator remains the exclusive owner of the Products ordered on the website until full payment is received, including any shipping fees.
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries within these same geographical areas.
Delivery means the transfer to the Client of the physical possession or control of the Product.
The Operator offers different delivery methods depending on the nature of the product:
Home Delivery
Pickup
The shipping fees are those specified when finalizing the order and are accepted upon validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are stated in business days on the Site at the time of ordering. These times include the preparation and shipment of the order as well as the time provided by the carrier.
The Operator undertakes to ship the Products in accordance with the times announced on each Product sheet and at the cart level, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email to the Client indicating the new delivery date.
The Products will be delivered to the address indicated by the Client at the time of their order. It is therefore the Client’s responsibility to ensure that this address does not contain any errors. The Operator cannot be held responsible if the address provided by the Client is incorrect, thus preventing or delaying delivery.
Upon delivery, a receipt may be required to be signed.
No delivery will be made to a PO box. Upon delivery, it is the Client’s responsibility to verify that the delivered Products are in conformity with their order and that the package is sealed and undamaged. If this is not the case, the Client must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.
If a delivered Product does not fully satisfy the Client, the Client may return it to the Operator. The Client will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Client is invited to fill out the standard withdrawal form by clicking on the following link.
The Operator will send an acknowledgment of receipt of the Client’s withdrawal request by email.
The Client can exercise their right of withdrawal by notifying the Operator of the following information:
Return costs are borne by the Client unless the item cannot normally be returned by post, in which case the Operator will retrieve the Product at their expense.
The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all potential accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, surname, address) of the Client, the order number, and the original purchase invoice.
The Operator will refund the Client the amount of the Product within fourteen (14) days from the receipt of the Product and all elements required for the implementation of the Client’s refund. This refund may be made using the same payment method used by the Client. In this regard, the Client who paid for their order in the form of credits/gift vouchers may be refunded by credits/gift vouchers according to the Operator’s discretion.
By accepting these Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal terms.
The Client can contact the Operator:
The Operator is the sole owner of all elements present on the Site, including but not limited to all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, the structure of the Site, and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) that are protected by French and international laws and regulations relating, in particular, to intellectual property.
As a result, none of the Elements of the Site may be, in whole or in part, modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or otherwise exploited, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express and written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator is not the owner of the content posted online by Clients, for which they remain fully responsible and indemnify the Company against any claims in this regard. Clients grant the Operator a non-exclusive, transferable, sublicensable, free, worldwide license to use the intellectual property content they publish on the Site, for the entire duration of the protection of these contents.
The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.
The Operator cannot be held responsible for the non-fulfillment of the contract due to the Client or due to an event considered a force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to these terms.
The Operator cannot be held responsible for the information imported, stored, and/or published on the Site by Clients. The Operator cannot be held responsible for any information published by a Client on the Site and for the direct or indirect damages that such use could cause to a third party, with the Client who posted the information being solely responsible in this regard.
The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change their content and/or presentation.
The Operator cannot be held responsible for the use of the Site and its services by Clients in violation of these General Conditions and for the direct or indirect damages that this use could cause to a Client or a third party. In particular, the Operator cannot be held responsible for false statements made by a Client and their behavior towards third parties. In the event that the Operator’s liability is sought due to such behavior by one of its Clients, the latter agrees to indemnify the Operator against any judgment pronounced against it, as well as to reimburse the Operator for all expenses, including attorney fees, incurred for its defense.
The Client is solely responsible for all content they post on the Site, which they expressly declare they hold all rights to, and guarantee to the Operator that they do not post content that infringes on third-party rights, particularly intellectual property rights, or constitutes an infringement on individuals (including defamation, insults, abuse, etc.), respect for privacy, public order, and decency (including the advocacy of crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of an infringement of applicable laws, decency, or these General Conditions, the Operator may rightfully exclude Clients who have committed such violations and remove information and references to these contentious contents. The Operator is considered a host with respect to the content posted online by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator’s liability is sought due to content posted online by the Client, the latter agrees to indemnify the Operator against any judgment pronounced against it, as well as to reimburse the Operator for all expenses, including attorney fees, incurred for its defense.
Independently of any additional contractual guarantee (commercial warranty) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (notably L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
When acting under the legal guarantee of conformity:
You can decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, and L. 217-12 of the Consumer Code, Article 1641, 1644, and the first paragraph of Article 1648 of the Civil Code, as in effect on the date of these General Conditions:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the contract places this at their charge or has been carried out under their responsibility.”
“The goods conform to the contract:
“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
“In case of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate compared to the other method, considering the value of the goods or the significance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer.”
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
“The seller is bound to a warranty against hidden defects in the item sold that render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price, if they had known them.”
“In the cases of Articles 1641 and 1643, the buyer has the choice of returning the item and getting a refund of the price, or keeping the item and getting a part of the price returned, as assessed by experts.”
“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
It is recalled that the search for amicable solutions prior to any possible legal action does not interrupt the periods of action for legal guarantees nor the duration of any possible contractual warranty.
Claims made under the warranties should be addressed to the after-sales service at the following contact details:
Products covered by the warranties must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service (check our Refund and Exchange Policy : https://aquagenius.eu/refunds-exchange-policy/.
For more information regarding the use of personal data by the Operator, please carefully read the Privacy Policy (the “Policy”). You can consult this Policy on the Site at any time.
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the Client’s convenience, to facilitate the use of the resources available on the Internet. If the Client uses these links, they will leave the Site and accept to use the third-party sites at their own risk or, where applicable, in accordance with the terms that govern them.
The Client acknowledges that the Operator does not control or contribute in any way to the creation of the terms of use and/or content applicable to or appearing on these third-party sites.
As a result, the Operator cannot be held responsible in any way for these hypertext links.
Moreover, the Client acknowledges that the Operator does not endorse, guarantee, or take responsibility for any part of the terms of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or banner advertisements referring to third-party sites not published by the Operator.
The Operator invites the Client to report any hypertext link on the Site that allows access to a third-party site providing content that is contrary to laws and/or good morals.
The Client may not use and/or insert any hypertext link pointing to the Site without the prior written consent of the Operator on a case-by-case basis.
The Client authorizes the Operator to mention the Client’s name and logo as a reference in its communication materials (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator regarding their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void pursuant to a law, regulation, or a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any provision of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.
The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice and/or to temporarily or permanently cease to operate all or part of the Site.
Furthermore, the Operator reserves the right to modify the location of the Site on the Internet and these General Terms and Conditions at any time and without notice. Therefore, the Client is required to refer to these General Terms and Conditions before each use of the Site.
The Client acknowledges that the Operator cannot be held responsible in any way to them or any third party for these modifications, suspensions, or cessations.
The Operator advises the Client to save and/or print these General Terms and Conditions for safe and durable preservation and to be able to refer to them at any time during the performance of the contract if necessary.
In case of a dispute, you must first contact the company’s customer service at the following email address: contact@aquagenius.eu.
If the claim request to customer service fails or if there is no response from this service within ten (10) days, the Client may submit the dispute relating to the order form or these General Terms and Conditions to the following mediator: [mediator’s identity and contact information].
The mediator will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.
The Client acknowledges having read these General Terms and Conditions carefully.
By registering on the Site, the Client confirms having read and accepted the General Terms and Conditions, thus contractually binding themselves by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Client are those available on the date of the order, a dated copy of which can be provided to the Client upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed prior to the modification, unless expressly agreed by the Client who placed the order.
