General Terms of Sale

1. Technical Information

The online sales site www.aquazolla.com is a service offered and published by:
Abricéa Nature SAS
5 Le Pré Caillé
86800 TERCÉ (FRANCE)
E-mail: aquazolla.nature@gmail.com
Tel: 0745026959

Abricéa Nature is a SAS, SIREN: 934721804 (R.C.S. Poitiers)

The sites and domain names are hosted on Shopify servers.

AQUAZOLLA is a registered trademark with the INPI under national number 174392572.

The use, commercial or not, of photographs from the www.aquazolla.com site is strictly prohibited without written agreement.
The photos on the website are for indicative purposes only and are in no way contractual.
Under no circumstances can the Seller be held responsible towards the Buyer if the live invertebrates or plants sold do not have the exact color or appearance of the illustrative photographs, in quality or quantity.
The invertebrates and plants presented, by their nature, cannot obviously be invariably similar.
Aquazolla undertakes not to disclose to third parties for commercial purposes the information the Buyer provides.
This data remains confidential and is only used for processing their order and relations with Aquazolla.
In accordance with the Data Protection Act of January 6, 1978, the Buyer has the right to access, rectify, and object to personal data concerning them.
To do so, simply request it online or by mail to the Seller by providing the Buyer's first name, last name, email address, and postal address.
Any order placed on the Site implies full, unconditional, and unconditional acceptance of the General Terms and Conditions of Sale in force on the day of the said order.


2. Scope of Application

These General Terms and Conditions of Sale (hereinafter "GTC") apply to all electronic orders placed by individuals acting personally as consumers with the Seller, directly on their website accessible at the following address: www.aquazolla.com (or .fr).
Professionals wishing to order from the Seller are invited to contact them directly by email to receive the applicable prices and sales conditions.
These GTC may be modified at any time by the Seller. It is the customer's responsibility to consult and formally accept them before any order.
The applicable GTC are those displayed on the site on the day of your order.


3. Product and Service Prices

Product and service offers are valid as long as they are visible on the site.
Prices indicated on the site are in Euros (even if converted on the site into another currency), all taxes included, excluding delivery fees. These prices may be changed at any time by the Seller. The displayed prices are only valid on the day of the order and have no effect for the future.
The amount of the contribution to delivery and packaging costs is indicated to the Buyer before finalizing the order. This amount varies depending on the destination (mainland France or abroad) and the chosen shipping method, if applicable.

4. Orders

Product availability is indicated on the site, on each product page.
In the event that, after your order, a product or service becomes totally or partially unavailable, the Seller will inform you by email of this unavailability and offer you the possibility:
- or to be delivered a product or service of equivalent quality and price to the one ordered;
- or to receive a credit note for the amount of the missing product;
- either to be refunded the price of the ordered product or service.

4.1 Order Placement Procedures
When placing your order, you must confirm it using the so-called double-click technique.
That is, after selecting products added to your cart, you must check and possibly correct the contents of your cart.
Specifically, including: identification and quantity of selected products, corresponding prices, delivery terms and fees, before validating it and accepting these GTC.
Next, you will confirm the payment of the order to fully and unconditionally accept your order.

4.2 Product Selection
The Buyer, after reviewing the products described and sold by the Seller, makes their product choices under their own responsibility and based on their needs as they have determined them, for the products subject to their order.
The Seller cannot be held responsible for misuse of a product or misunderstanding of its description; the Buyer must follow the usage instructions provided by the Seller.
Furthermore, the Buyer, being the only one familiar with the other equipment, fish, plants, invertebrates, and other animals they use, is solely responsible for the compatibility and suitability of the ordered products.
The Buyer, if they do not consider themselves sufficiently competent, must seek external technical assistance.
The Seller can provide an analysis and advice service regarding the Buyer's needs in relation to the desired outcome as part of a specific service expressly ordered in writing by the Buyer.
In the absence of such an analysis and technical assistance contract, the Buyer, by placing an order, considers themselves sufficiently competent to make the choice independently.
Furthermore, absolutely no product sold by the Seller is consumable by a human being.
Regarding live products (plants, live food, invertebrates, etc.), the Seller can only guarantee a scientific genus or a family of species. It is reminded that the scientific identification of certain species is uncertain and requires resources that the Seller cannot provide.
4.3 Order Recording
Following your order, the Seller will acknowledge receipt by sending you an Order Confirmation email including a summary of your order, its number, and these Terms and Conditions of Sale.

The Seller reserves the right not to validate or to cancel your order for any legitimate reason, particularly in the event that:
- it does not comply with these Terms and Conditions of Sale;
- one of your previous orders was not fully paid by the due date;
- a dispute related to the payment of one of your previous orders is being processed;
- a previous order involved an attempted fraud;
- the delivery address is outside mainland France, Switzerland, Monaco, Belgium, Luxembourg, Spain, Italy, Germany, the Netherlands, Ireland, or Portugal;
- one or more serious and consistent elements would raise suspicion of fraud on your order.
For example, a serious issue raising suspicion of fraud on the order is an unfavorable opinion issued by our payment providers (Paypal or Shopify Payments).

Emails are sent to the email address you use to log into your Customer Area.
Note: if you do not receive the order confirmation emails, we recommend contacting our Customer Service (aquazolla.nature@gmail.com) after checking that they have not been directed to your spam folder, as the seller has no way to influence the classification of their emails as spam by your email provider.

5. Payment Terms

The payment methods listed below may be offered by the Seller.
- Credit card;
- Paypal;
- Google Pay;
- Apple Pay;
- etc.

6. Payment Security

Online payments on the Site to the Seller are made via a secure payment platform through various providers recognized for their reliability and security (Paypal and Shopify Payments).

7. Shipping and delivery

7.1 Delivery method
Aquazolla only delivers to Metropolitan France (including Corsica), Belgium, Monaco, Luxembourg, Switzerland, the Netherlands, Germany, Italy, Spain, Denmark, Ireland, and Portugal, as most of our items consist of live invertebrates and plants, which are particularly perishable.
Transport is generally provided by La Poste services (in France) or Chronopost (France and abroad).
The delivery methods offered by the Seller may be modified, replaced, or suspended at the Seller's sole discretion. In such cases, the Seller commits to shipping with a transport method having delivery times identical to those of the Buyer who already placed an order.
7.2 Delivery date
All orders are planned to be shipped in a single shipment.
For safety reasons, to avoid exposing live products, shipments to France take place exclusively from Monday to Wednesday noon (Monday to Tuesday for international shipments). Shipments may be suspended in case of severe frost, heat waves, a public holiday midweek, or any other event that would expose the items to risks (strikes, etc.).
Tracking and delivery dates indicated on the La Poste or carrier website are authoritative.
7.3 Delivery delay
Carrier delivery times are only indicative; delays compared to these non-contractual times are always possible.
In case of delay in the delivery of ordered products, the Seller will inform you if notified by the carrier.
You can also report the delivery delay yourself by contacting us by email at aquazolla.nature@gmail.com.
The Seller commits to taking the necessary steps to determine the cause of the delay and find an appropriate solution to ensure the effective delivery of the ordered products as soon as possible.
Any delivery delay of more than seven days in France may result in the cancellation of the sale at the consumer's initiative, upon simple written request sent by registered letter with acknowledgment of receipt.
The consumer will then be refunded the amounts paid at the time of the order.
This clause does not apply if the delivery delay is due to the customer or a force majeure event beyond the publisher's control.
In such a case, the customer agrees not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.

7.4 Address error
It is essential that the customer is very careful when entering their postal address and email address. Indeed, the Seller cannot be held responsible for non-receipt of emails in case of an incorrect email address. Likewise, the Seller cannot be held responsible for non-delivery or the order in case of an incorrect, incomplete, or unrecognized postal address by the carrier due to improper formatting. No compensation will then be possible. If a partial or total reshipment is considered (at the sole discretion of the Seller), the customer will in any case at least be required to pay again the shipping costs as specified on the site depending on the destination.

8. Receipt of products by the customer

8.1 Delivery error, apparent defect, damage
The customer agrees to verify the conformity of all products against their order upon delivery.
Any delivery error compared to the order or apparent defect must be reported within 24 hours of delivery by email to aquazolla.nature@gmail.com.
After this period, the customer can no longer claim a delivery error or an apparent defect.
This concerns losses of live plants or invertebrates, breakage of product(s), or missing product(s) in your order, and the procedure to be strictly followed is as follows:
- write precise and justified reservations on the delivery note (the mention "under reservation" will not be accepted).
- specify the name and reference of the broken or missing product(s) or damaged plants or invertebrates.
- send us a complaint email at: aquazolla.nature@gmail.com
- attach to this email explicit photos or videos of the spoiled plants or invertebrates still in their sealed double plastic packaging or of the broken product(s) in question or a photo of all the unopened products received, in case of missing product(s).
We will thus be able to prepare a claim file.
Without clear and conclusive photos and without precise and concrete reservations on the delivery note, no compensation will be possible.
Compensation will be provided in the form of a credit note.
The warranty conditions for live and perishable products are indicated in point 10.2 of these General Terms and Conditions of Sale.

In the event that shipped products are missing upon arrival, the weight indicated at departure for postage being authoritative, a theft complaint will systematically be filed by the Seller with the competent prosecutor's office. The client's testimony in a legally admissible format (Cerfa form provided by the Seller) will then be absolutely necessary to support these proceedings. The possibility of becoming a civil party in these criminal proceedings will also be offered to the client.
No claim will be accepted unless this procedure is fully completed, particularly by providing proper testimony.

8.2 Damage and partial loss
In the event of delivery of a package that is clearly and visibly damaged, the client must refuse it in order to benefit from the guarantee offered by the carrier. The client must also inform the seller without delay so that a new package can be prepared and shipped upon receipt of the returned damaged package.
In such cases, the delivery times indicated above in these general conditions will no longer apply.
Similarly, the client must refuse any incomplete package or one containing damaged items.
Indeed, in accordance with article L 133-3 of the Commercial Code, receipt of transported goods extinguishes any action against the carrier for damage or partial loss if within three days, excluding public holidays, following the day of receipt, the recipient has not notified the carrier by registered letter of their motivated protest. Failure to complete this formality will result in the client not being compensated.

9. Consumer rights

9.1 Customer service
The Site's customer service is accessible:
- by email to the address: aquazolla.nature@gmail.com
- by postal mail to the following address: AQUAZOLLA - 5 Le Pré Caillé - 86800 TERCÉ - FRANCE

9.2 Right of withdrawal
In accordance with current legislation, consumers have a period of 14 days from the date of receipt of the package to request a refund.
To exercise this right, they must return (at their own expense) the package to the following address: AQUAZOLLA - Return Service – 5 Le Pré Caillé - 86800 TERCÉ, accompanied by a letter requesting either a refund or the issuance of a credit note.
All returns must be made complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect resale condition, meaning they must not be soiled or damaged (due to their use).
In accordance with the provisions of article L121-20-2 of the Consumer Code, consumers may in no case claim to exercise any right of withdrawal for orders of:
- all clearly personalized products or made according to their specifications or clearly personalized;
- all products which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly;
- audio or video recordings or computer software when unsealed by the consumer;
- newspapers, periodicals, or magazines;

DUE TO THEIR NATURE, ANIMALS, INVERTEBRATES, OR PLANTS CANNOT BE SUBJECT TO ANY RIGHT OF WITHDRAWAL.

Regarding digital content (videos):

In accordance with article L.221-28 12° of the Consumer Code, the right of withdrawal does not apply to digital content not supplied on a physical medium whose execution has begun with the consumer's prior express consent and express waiver of their right of withdrawal.

By purchasing access to video content on aquazolla.com, the buyer expressly acknowledges having consented to the immediate activation of access by checking the box provided for this purpose when adding to the cart, and consequently waives their right of withdrawal once access is opened. No refund can be granted once access is activated.

Following your withdrawal request, the Seller, in accordance with legal provisions, will refund you within 14 days following the notification of your withdrawal request.
If we do not receive your product or proof of shipment of your product within this period, the Seller reserves the right to postpone your refund until the day the product is received.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from your order.
This notification must be made in writing, by any means.

10. Warranties

10.1 Manufacturer's Warranty 
Some products sold on the site may benefit from a contractual warranty called "Manufacturer's Warranty" granted by the Supplier or Manufacturer of the product, to which the Seller is not a party.
To benefit from your Manufacturer's Warranty, you must keep your purchase invoice for the product and note the serial number of the device found on the product.
If these documents and information are not presented, the Supplier or Manufacturer of the product may refuse to implement its warranty.
To invoke your Manufacturer's Warranty, you must consult the terms of application of the Manufacturer's Warranty generally found in the box containing the product.
It is reminded that the benefit of the manufacturer's warranty does not prevent the application of the legal provisions relating to the legal warranty of conformity as mentioned in articles L211-4 to L211-13 of the Consumer Code and the warranty against hidden defects as mentioned in articles 1641 to 1648 of the Civil Code as well as article 2232 of the same code (hereinafter legal warranties).
10.2 Warranties for living and perishable products
Living and perishable products cannot be guaranteed due to their particular nature.
A commercial gesture may nevertheless be offered by the Seller to the Client in case of a problem during delivery in Metropolitan France.

This possible commercial gesture is subject to the following conditions:

- contact customer service within 24 hours of receiving the package, at the address: aquazolla.nature@gmail.com;
- attach to this email clear photos and videos of the damaged plants and invertebrates still in their unopened double plastic packaging.
We will thus be able to prepare a claim file.

10.3 Legal warranties

Article L211-4 of the Consumer Code
The Seller is obliged to deliver a good that conforms to the contract and is responsible for defects of non-conformity existing at the time of delivery.
It also covers defects of non-conformity resulting from packaging, assembly instructions, or installation when this has been charged by the contract or carried out under its responsibility.
 
Article L211-5 of the Consumer Code
To be compliant with the contract, the good must:
1. To be suitable for the usual use expected of a similar good and, where applicable:
To correspond to the description given by the Seller and possess the qualities that the Seller presented to the Buyer in the form of a sample or model;
To have the qualities that a Buyer can legitimately expect in view of public statements made by the Seller, the producer, or their representative, notably in advertising or labeling;
2. Or to have the characteristics defined by mutual agreement between the parties or to be suitable for any special use sought by the Buyer, brought to the Seller's attention and accepted by the latter.

Article L211-12 of the Consumer Code
The action resulting from non-conformity is subject to a limitation period of 2 years from the delivery of the good.

Article L211-16 of the Consumer Code
When the Buyer requests the Seller, during the commercial warranty granted at the time of acquisition or repair of a movable good, to restore it under warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period starts from the Buyer's request for intervention or from the availability of the item for repair, if this availability is after the intervention request.
Article 1641 of the Civil Code
The Seller is liable for the warranty due to hidden defects of the sold item that make it unfit for the intended use, or that so diminish this use that the Buyer would not have acquired it, or would have paid a lower price, if they had known about them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from hidden defects must be brought by the buyer within 2 years from the discovery of the defect.
To benefit from the legal warranty of conformity or the warranty against hidden defects, contact our Customer Service:
By email: aquazolla.nature@gmail.com
By mail: AQUAZOLLA – 5 Le Pré Caillé - 86800 TERCÉ (France)
The terms of coverage may vary depending on the agreements concluded between the Seller and the manufacturers.


11. Force majeure

The Seller cannot be held responsible for the non-performance of any of its obligations arising from the sales contract if such non-performance is due to the occurrence of a force majeure event.


12. Data Protection Act of January 6, 1978

12.1 General – Purpose – Duration
Internet users have the free choice to provide personal information about themselves. Providing personal information is not essential for browsing the site.
However, registration on this site requires the collection by the publisher of certain personal information concerning internet users.
Internet users who do not wish to provide the information necessary to create a personal account will not be able to place orders on the Seller's site.
The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to fulfill its contractual obligations.
This data is retained by the publisher solely in this capacity, and the publisher commits not to use it in any other context, nor to transmit it to third parties, except with the express consent of users or as provided by law.

The contact details of all users registered on this site are saved for a maximum duration of one year from the deletion of the personal space, a reasonable time necessary for the proper administration of the site and normal use of the data. This data is kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
 
12.2 Right of access, rectification, and opposition
In accordance with the Data Protection Act of January 6, 1978, all users registered on this site have the right to object, inquire, access, and rectify the data they have provided.
To do this, they just need to make a request to the publisher of this site, by sending it to the following email address: aquazolla.nature@gmail.com, or by postal mail to the Seller's headquarters address mentioned at the beginning of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the site publisher. The collected personal data is not transferred abroad.
12.3 IP Address
Furthermore, the Seller reserves the right to collect the public IP (Internet Protocol) address of all internet users.
The collection of this IP address will be done anonymously and it will be kept for the same duration as personal information. It will only be intended to allow proper administration of the services offered on this site.
The IP address is a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.

The publisher must communicate all personal data relating to an internet user to the Police (upon judicial request) or to any person (by court order).
The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (internet service provider).

13. Exemption of the Seller's liability under this contract

In case of impossibility to access the site due to technical or any other problems, the Buyer cannot claim any damage or compensation.

The Seller can in no case be held responsible for the non-performance or poor performance of the contract that may be directly or indirectly attributable to the Buyer or to a force majeure event, as defined by French law courts.
The unavailability, even prolonged and without any time limit, of one or more products cannot constitute damage for internet users and cannot in any way give rise to the granting of damages by the Seller.

The visual representations of products published on this site are provided for purely illustrative and informational purposes. They do not constitute a contractual representation of the products. In particular, for living organisms (invertebrates, plants, aquatic organisms), variations in color, shape, size, or appearance compared to photographs are inherent to their nature and do not constitute a defect of conformity. Additionally, color rendering may vary depending on the client's screen display settings.
These variations and differences cannot be attributed to the Seller, who cannot be held liable as a result.

Hyperlinks on this site may lead to other websites, and the Seller cannot be held responsible if the content of these sites violates applicable laws.
Similarly, the Seller cannot be held liable if the user's visit to one of these sites causes them harm.

14. Intellectual property rights of elements published on the site

All elements constituting this site belong to the Seller or their rights have been assigned to the Seller by third parties and are therefore protected by intellectual property law.
Internet users acknowledge that without authorization, any total or partial copying, distribution, or exploitation of one or more of these elements, even if modified, may lead to legal action against them by the publisher or its rights holders.

This protection covers all textual and graphic content of the site, as well as its structure, name, and graphic charter.

15. Amicable dispute resolution

Any disputes arising from the execution of these GTC may, before any legal action, be submitted to the Seller for amicable resolution.
It is reminded that requests for amicable settlement do not suspend the deadlines for initiating legal actions.

16. Applicable law and competent jurisdictions

These GTC are subject to French law and fall under the exclusive jurisdiction of French courts. The language of the contract is French.
 
17. Severability

If any clause of these GTC is declared null by a court decision, this nullity shall not affect the validity of the other clauses, which shall continue to have effect.

18. No waiver

The Seller's failure to invoke one or more clauses of these GTC temporarily or permanently shall in no way constitute a waiver of the right to invoke the rest of the GTC.