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WIPOOL TERMS OF SALE

Version GENERAL in force on 01/01/2020

 

These General Terms and Conditions of Sale (also referred to hereinafter as the "GTC") are concluded:

BETWEEN:

 

The company WIPOOL, a simplified joint stock company with a capital of 160,650 euros, registered with the Marseille Trade and Companies Register under the number 833 811 714, having its registered office at 120 Rue Emilien Gautier, ZA de l'enfant, Les milles, 13090 Aix en Provence, represented by its Chairman, Mr Antoine DEBOIS FROGE, duly authorised for the purpose hereof, hereinafter referred to as "WIPOOL " or "Seller",

 

AND:

 

Any individual or non-professional legal entity, who has, after having carefully consulted and accepted these General Terms and Conditions of Sale, decides to buy a movable floor, hereinafter referred to as the "Customer",

 

Hereinafter referred to individually as the "Party" or collectively as the "Parties".

 

ARTICLE 1. PRE-CONTRACTUAL INFORMATION OF THE CUSTOMER

 

The Customer acknowledges having received, prior to the Order from movable floor, in a legible and comprehensible manner, these GCS and all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information, whether or not included in the GCS :

 

  • The essential features of movable floor (Including instruction leaflet) ;
  • The price of movable floor ;
  • The date or the deadline to which WIPOOL commits itself to deliver the movable floor ;
  • The information relating to WIPOOL, its postal, telephone and electronic contact details, and its activities of WIPOOL ;
  • Information relating to legal and contractual guarantees and the way in which they are implemented; Information relating, where applicable, to the right of withdrawal (existence, conditions, time limit, manner of exercising this right), the terms of cancellation and other important contractual conditions;
  • The possibility of having recourse to a consumer ombudsman ;
  • Accepted means of payment ;

 

ARTICLE 2. DEFINITIONS

 

The following terms, whether used herein in the singular or plural, shall always have the following definition:

 

  1. Application: means the mobile application that can be downloaded from Google Play, Apple Store or any other platform and that allows access to basic or advanced functionalities of use of movable floor ;
  2. Order : designates any placing of an order from movable floor made under the conditions provided in the Contract by the Customer to WIPOOL, specifying the nature, the price and his specific needs;
  3. Contract : means the present General Terms and Conditions of Sale (hereinafter referred to as the "GCS") to which the Quotation and any annexes are added;
  4. Quote: designates any document written and given to the Client by WIPOOL, which contains the needs expressed by the latter, a description of movable floor and technical specifications, the Price and the possible modalities of installation and maintenance;
  5. Maintenance: refers to the maintenance of movable floor in order to check the status of movable floor at defined intervals and to provide any care necessary for the proper functioning and safety of movable floor ;
  6. Maintenance: refers to the maintenance services of movable floor aiming, within the framework of the guarantee or not, to correct the technical or material defects of movable floor or of the Application.
  7. Installation: refers to the installation of movable floor by an approved Installer or directly by the Customer under his sole responsibility.
  8. Installer: designates a professional approved by WIPOOL to carry out the Installation of movable floor and, if necessary, the Maintenance and Service of movable floor.
  9. Price: refers to the price of movable floor in Euros all taxes included and excluding Installation, Maintenance and Service charges. They take into account the VAT and any reductions applicable on the day of the Order. Where applicable, the quotation may exclude the cost of delivery.

  10. movable floor : designates the set of equipment composing the movable floor which can be adapted to the existing swimming pools or those under construction, allowing the depth of the pool to be modulated, sold by WIPOOL as described in the Instruction Manual and the commercial documentation, designated in the Quotation with the dimensions specific to the Customer, and called "IVY".
  11. Site: refers to the website https://www.wi-pool.com/ where movable floor is presented.

 

 

ARTICLE 1. SUBJECT MATTER - SCOPE OF APPLICATION

 

The purpose of these GTC is to define the legal and financial conditions under which :

  • The Customer orders a movable floor from WIPOOL and pays the price;
  • WIPOOL commits itself to deliver movable floor to the Client;
  • WIPOOL accompanies and advises the Customer on the installation of movable floor and the choice of the Installer;

 

These GTC are applicable to any Order from the Customer. As these GCS may be subject to later modifications, the version applicable to an Order made by a Client is the one communicated by WIPOOL with the Quotation or the latest updated version available on the Site.

 

These GTC take precedence over any terms and conditions of purchase or any other document issued by the Customer.

 

 

ARTICLE 2. ACCEPTANCE

 

The signature of the Quotation and the fact that the Customer ticks the box "I acknowledge that I have read and accept the attached GCS" or signs these GCS constitutes express and unreserved acceptance by the Customer of the Contract in force on the day the Quotation is signed by the Customer and his commitment to respect its content, in particular his payment obligation.

 

The Client acknowledges having read the Contract and having fully understood its terms prior to signing the Quotation.

 

ARTICLE 3. DESCRIPTION OF THE MOVABLE FLOOR

 

The main characteristics of movable floor and in particular the specifications, illustrations and indications of dimensions or capacity of movable floor, are presented in the catalogues of WIPOOL, in particular on its Site. The photographs and graphics presented are not contractual and could not engage the responsibility of WIPOOL. The Customer is held to refer to the description of movable floor in order to know the properties and the essential characteristics.

 

For your information, IVY is a high-end and technological product. Designed from proven materials made in France, it will provide you with a high level of safety and multiply the use of your pool. The aesthetics of your pool will be preserved in all seasons and in all configurations.

 

The use of movable floor, in particular via the Application, is explained in the technical documentation. Use of the Application is subject to the Customer's acceptance of the General Terms and Conditions of Use (GCU).

 

ARTICLE 4. ORDER

 

4.1. Order

The Client can make a request for a Quote directly in the Agency or go to the WIPOOL Internet Site and fill in the form provided for this purpose so that WIPOOL can prepare a Quote in accordance with the specificities of the Client's swimming pool.

 

WIPOOL issues a Quotation on the basis of the information provided by the Client, if necessary, the Parties may adjust the Quotation according to the Client's needs.

 

The Customer also has the possibility to contact WIPOOL to request that the Installers come and take the precise measurements of the pool in order to establish the Quotation. This Service is invoiced by the Installer according to a fixed price indicated on the Site or the commercial documentation.

 

The signature of the Quotation by the Customer carries his acceptance of the order from movable floor is considered as firm and definitively accepted by WIPOOL and the Customer.

 

When signing the quotation the customer will have the possibility to choose an option to cancel the order up to 2 months before the delivery date stated in the quotation. He will then have to pay a deposit of 500 € when signing the quote, which will be fully refunded in case of cancellation within the above time limits.

 

The Order relates only to movable floor, and the Quotation does not include the Installation or Maintenance of movable floor. These services will be the subject of separate quotations.

 

4.2 Completion of the movable floor

The movable floor is made to measure on the basis of the elements provided by the Customer when requesting a Quotation or on the basis of the audit and measurements ordered by the Customer from an Installer.

 

The Customer will be able to carry out his measurement himself by following the instructions communicated by WIPOOL. The Customer shall check that there are no material incompatibilities as described in the measuring instructions.

 

WIPOOL cannot be held responsible for any incompatibility resulting from incorrect measurements and errors in the description of the reception basin provided. or

 

4.3 Installation

Although some parts can be pre-assembled by WIPOOL, the installation of movable floor is carried out by an approved and independent Installer. WIPOOL provides the list of Installers to the Customer on French territory. The Customer has the possibility to contact directly one of the Installers on the list or to give a mandate to WIPOOL to manage the relationship with the Installer by filling in the mandate model annexed to the GCS.

 

Consequently, WIPOOL cannot under any circumstances be held responsible for any fault on the part of the Installer, in particular for a non-compliant installation.

 

4.4 Maintenance

The services of Care and Maintenance are not included in the selling price of movable floor.

The Customer is invited to contact an Installer to obtain an estimate and to contract directly with him.

 

ARTICLE 5. FINANCIAL CONDITIONS

5.1 Prices

The price of sale or measurement service is indicated on the Quotation signed by the Customer as well as on the invoices. The price indicated is exclusive of taxes and all taxes included after application of the VAT rate in force. 

 

The Price does not include Installation or Maintenance of movable floor.

 

If necessary, the quotation may exclude the cost of delivery.

 

5.2 Terms of payment

The signature of the contract marks the firm and definitive validation of the Order, the Customer having thus to pay the price in its entirety and WIPOOL having to deliver the movable floor.

 

As a deposit in the sense of article L.214-1 of the Consumer Code, a first payment to reserve our products will be requested upon signature of the Quotation. This amount of 500 € including all taxes will be refundable until the payment of the second deposit or a maximum of 2 months before the delivery date provided for in the contract if the customer wishes to cancel his order.

 

The cancellation of the order will be made in RAR within the time limits above and will lead to the refund of the first deposit of 500 € TTC.

 

If the customer does not pay the first deposit within one week of signing the commercial proposal, the contract will become final and the customer will no longer have the option of cancelling his order.

 

A second deposit corresponding to 30% of the total price of movable floor ordered is required at the latest 2 months before the delivery date without being able to exceed 12 months after the date of signature of the contract. Failing this, beyond 12 months, WIPOOL reserves the right to apply the new tariffs in force and to deduct or claim payment of this second instalment.

 

The production of movable floor can only be started after the payment of the deposit of about 30%.

 

The Vendor shall not be obliged to deliver the movable floor ordered by the Customer if the Customer does not pay the Price in full.

 

The Customer may pay by bank transfer, electronic payment or credit card to the bank details attached to the Quotation and indicating the reference number specified in the Quotation.

 

The payments made by the Customer will be considered as final only after effective collection of the sums due, by WIPOOL.

 

ARTICLE 6. RETRACTION

Concerning movable floor, in accordance with Article L. 221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.

 

Each movable floor is made to measure by WIPOOL to adapt to the Customer's pool. Consequently, the Customer does not benefit from a right of retraction on the Order placed.

 

ARTICLE 7. DELIVERY

7.1 Time limits

 

The delivery time of movable floor is indicated in the Quotation and depends on the date of payment of the full price.

 

Any event, likely to have an influence on the delivery of the Order, will be immediately brought to the attention of the Client by WIPOOL, who will then propose a new delivery date.

 

7.2 Place of delivery

movable floor is sent to the delivery address provided by the Customer when placing the Order. WIPOOL could not be held responsible for the impossibility to deliver the movable floor in case of erroneous information at the time of the seizure by the Customer of his coordinates of delivery.

 

WIPOOL can ensure the delivery of the Orders in Metropolitan France (including Corsica). Any delivery outside of France will be the subject of a specific estimate or will be taken care of by the Customer.

 

The Customer will have to indicate the conditions of access to the site of delivery, WIPOOL not being able to be held responsible for any impossibility of access because of causes not announced before the forwarding of movable floor by the Customer to WIPOOL.

 

7.3 Transfer of Risk - Ownership

The risk of loss or damage of movable floor is transferred to the Customer at the time of delivery of the movable floor concerned against delivery of the delivery note.

 

The transfer of property is carried out at the time of the delivery of movable floor subject to the complete payment of the Price by the Customer.

 

7.4 Apparent Package Defect

The Customer is required to check the apparent condition of the package upon delivery.

 

At the time of delivery of the package, if the Customer notes that the package containing the movable floor delivered is damaged or open, the Customer will have the right :

  • to refuse the package and will notify the deliverer of this refusal;
  • to make an observation to the delivery man.

 

If, on opening the package, the Customer notes a defect, he may make a written complaint to the carrier within fourteen (14) days of receipt of the (hereinafter the "Claim Period").

 

In the absence of a reservation made at the time of delivery or within the Claim Period, movable floor can no longer be the subject of the procedure for claiming to the carrier, as described above, and will then be considered accepted without reservation by the Customer.

 

7.5 Apparent Failure of the movable floor

In the hypothesis where the Customer would note a defect of quality and/or conformity of the movable floor delivered by WIPOOL compared to the Order, he will have to refer to the conditions of guarantee envisaged in article 7.  

 

ARTICLE 8. GUARANTEE

All Mobile Funds benefit from the legal guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) allowing the Customer to return defective or non-compliant products delivered free of charge.

 

It is specified that the legal or commercial guarantees specified here relate only to movable floor and not to its Installation, the guarantees of which are governed by the contract concluded with the Installer.

 

8.1 Legal guarantee of conformity

Article L 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility".

 

Article L 217-5 of the Consumer Code: "The goods are in conformity with the contract: 

(1) Whether it is fit for the use ordinarily expected of a similar property and, if so :

o If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;

o If it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling ; 

2) Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter". 

 

Article L 217-12 of the French Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods". 

When acting as a legal guarantee of conformity, the Customer :

  • has two years from the date of issue of movable floor to act;
  • can choose between repairing or replacing movable floor, subject to the cost conditions provided by article L. 211-9 of the French Consumer Code ; 
  • is exempted from furnishing proof of the existence of the lack of conformity of movable floor during the 2 years following the issue of movable floor.

 

If the repair and replacement of the property is not possibleIn the event of a dispute, the buyer may return the property and receive a refund of the price or keep the property and receive a part of the price.

 

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

 

8.2 Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".

 

Article 1648 paragraph1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".

 

The Customer may implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

 

8.3 Warranty Implementation - Warranty Exclusions

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the aforementioned time limits and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).

 

The Seller shall reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents.

 

Refunds of Products judged to be nonconforming or defective will be made as soon as possible and at the latest within 14 days following the observation by WIPOOL of the lack of conformity or the hidden defect.

 

Reimbursement will be made by crediting the Customer's bank account.

 

The Seller shall not be liable in the following cases:

  • Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
  • In the event of misuse as defined in the Instruction Manual, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure,
  • In case of failure to respect the maintenance rules defined in the Instruction Manual or any other technical documentation made available by WIPOOL.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

 

ARTICLE 9. RESPONSIBILITY

WIPOOL is responsible by right towards the Customer for the good execution of its obligations.

WIPOOL cannot be held responsible for damages attributable to the Client himself, or to a case of force majeure.

 

ARTICLE 10. MAJOR FORCE

WIPOOL will not be held responsible towards the Client for the non-execution or delays in the execution of an obligation of the present Contract which would be due to the occurrence of a case of force majeure.

 

ARTICLE 11. NOTIFICATIONS

Exchanges between the Parties may take place by any means, in particular by electronic mail.

Printing an e-mail on paper is a valid way of proving the content of the exchanges.

 

ARTICLE 12. INTELLECTUAL PROPERTY

The documents, proposals, studies cannot be distributed, duplicated or lent without the express authorisation of the Company, which retains the intellectual property rights.

 

The Company may use visuals: photos, diagrams, videos, of the installation or creation of movable floor for the purpose of training or sales assistance.

 

ARTICLE 13. GENERAL PROVISIONS

It is formally agreed that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for in this Agreement, regardless of the frequency and duration thereof, shall not be deemed to constitute an amendment to this Agreement, nor shall it give rise to any right whatsoever.

 

The present stipulations constitute the entire Contract of the Parties and reproduce in all points the agreements, letters of intent, correspondence and previous proposals between them, whatever their form or name and relating to the same subject matter, with the exception of those listed herein.

 

If any of the provisions of the Contract are cancelled in whole or in part, the validity of the remaining provisions of the Contract shall not be affected. In this case, the Parties shall, if possible, replace the cancelled provision with a valid provision that corresponds to the spirit and purpose of the Contract.

 

ARTICLE 14. APPLICABLE LAW - SETTLEMENT OF DISPUTES

14.1 Application law - jurisdiction

This Agreement is subject to French law.

 

Failing amicable resolution, all disputes relating to this Contract will be brought to the attention of the competent courts.

 

14.2 Mediation


In accordance with the provisions of Article L.616-1 of the French Consumer Code, the Customer is informed of his right to resort to mediation to settle by amicable means the dispute opposing them to a professional.

 

14.2.1 Prior Claim


The CUSTOMER must send his claim by registered mail with acknowledgement of receipt to the following postal address: 120 Rue Emilien Gautier, ZA de l'Enfant, Les Milles, 13090 Aix En Provence or by e-mail to the following address .

 

14.2.2 Request for Mediation


In the event that the complaint would not be followed by effect or that the solution proposed by WIPOOL would not satisfy the Customer within a period of 2 months, the Customer will be able to submit the dispute to a mediator who will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution.

 

To submit his request for mediation, the Customer has a complaint form available on the mediator's website.

 

The parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

The mediator will be the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) by accessing the online form at the following address

https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx

                                            


For the Company WIPOOL :

Signature-WIPOOL