Terms of Sales

1. Technical information

The online sales site www.aquazolla.com is a service offered and published by:
Abricéa Nature SAS
5 The Curd Meadow
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's servers.

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

The use, for commercial or non-commercial purposes, of photographs from the site www.aquazolla.com is strictly prohibited, unless written agreement is obtained.
The photos on the website are for informational purposes only and are in no way contractual.
Under no circumstances shall the Seller be held liable to the Buyer if the live invertebrates or plants sold do not have the exact color or appearance as shown in the illustrative photographs, in quality as well as in quantity.
The invertebrates and plants presented, by their nature, cannot obviously be invariably similar.
Aquazolla is committed to not disclosing to third parties for commercial purposes the information that the Buyer communicates to it.
These remain confidential and are used only for processing his 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 the personal data concerning them.
To do this, simply make the request online or by mail to the Seller, providing the name, first name, email address, and postal address of the Buyer.
Any order placed on the Site implies full, unconditional acceptance of the General Terms and Conditions of Sale in effect on the day of said order.


2. Scope of application

These General Terms and Conditions of Sale (hereinafter "GTC") apply to all electronic orders placed by individuals acting in a personal capacity as consumers with the Seller, directly on its 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 General Terms and Conditions may be modified at any time by the Seller. It is the customer's responsibility to consult them and formally accept them before placing any order.
The applicable terms and conditions are those listed on the site on the day of your order.


3. Price of products and services

The product and service offers are valid as long as they are visible on the site.
The prices indicated on the site are understood in Euros (even if they are converted on the site into another currency), all taxes included, excluding delivery charges. These prices may be modified 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 the order is finalized. This amount varies depending on the destination (mainland France or abroad) and the chosen shipping method, if applicable.

4. Orders

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

4.1. Ordering Procedures
When placing your order, you must confirm it using the technique known as double-clicking.
That is to say, after selecting products added to your cart, you need to check and possibly correct the contents of your cart.
Namely, in particular: identification and quantity of the selected products, corresponding prices, delivery terms and fees, before validating it and accepting these General Terms and Conditions.
Then, you will validate the payment of the order to confirm the full and complete acceptance of your order.

4.2 Product Selection
The Buyer, after having become acquainted with the products described and marketed by the Seller, makes his choice of the products that are the subject of his order under his own responsibility and according to his needs as he has determined them.
The Seller cannot be held responsible for improper use of a product or a misunderstanding of its description, the Buyer must adhere to the usage instructions provided by the Seller.
Furthermore, the Buyer, being the only one aware of the other equipment, fish, plants, invertebrates, and other animals they use, is solely responsible for the compatibility and relevance of the ordered products.
The Buyer, if he does not consider himself sufficiently competent, must seek external technical assistance.
The Seller can provide an analysis and advisory service regarding the needs of the Buyer in relation to the desired outcome within the framework of a specific service ordered expressly in writing by the Buyer.
"In the absence of a conclusion of such an analysis and technical assistance contract, the Buyer, by placing an order, considers himself sufficiently competent to proceed with the choice made by himself."
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 determination of certain species is uncertain and requires means that the Seller cannot implement.
4.3 Order Recording
Following the placement of your order, the Seller will acknowledge receipt by sending you a Confirmation Email including a summary of your order, its number, as well as these General Terms and Conditions.

The Seller reserves the right not to validate or to cancel your order for any legitimate reason, particularly in the event that:
- it would not comply with these GTC;
- one of your previous orders may not have been fully paid by the due date;
- a dispute regarding the payment of one of your previous orders is being processed;
- a previous order would have led to an attempted fraud;
- the delivery address would be outside of metropolitan France, Switzerland, Monaco, Belgium, Luxembourg, Spain, Italy, Germany, the Netherlands, Ireland, or Portugal;
- one or more serious and consistent elements would cast a suspicion of fraud on your order.
For example, a negative opinion issued by our payment providers (Paypal or Shopify Payments) is considered a serious element that raises a suspicion of fraud on the order.

Emails are sent to the email address you use to log in to your Client Area.
Note: If you do not receive the order confirmation email, we recommend that you contact 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.
- Bank card;
- Paypal ;
- Google Pay ;
- Apple Pay ;
- etc.

6. Payment Security

Online payments on the Site to the Seller are made on 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 in Metropolitan France (including Corsica), Belgium, Monaco, Luxembourg, Switzerland, the Netherlands, Germany, Italy, Spain, Ireland, and Portugal, the majority of our items consisting of live invertebrates and plants, and therefore particularly perishable.
Delivery is generally provided by the services of La Poste (in France) or Chronopost (France and abroad).
The delivery methods offered by the Seller are subject to change, replacement, or suspension at the sole discretion of the Seller. In this case, the Seller agrees to ship using a mode of transport with delivery characteristics identical to those of the Buyer who has already placed an order.
7.2 Delivery date
All orders are scheduled to be shipped in one single shipment.
For safety reasons, to avoid exposing live products, shipments take place exclusively from Monday to Wednesday noon. Shipments may be suspended in case of severe frost, heat spikes, or the presence of a public holiday in the middle of the week, or any other event that would expose your items to risks.
"The tracking and delivery dates indicated on the La Poste or carrier's website are authoritative."
7.3 Delivery delay
In case of delay in the delivery of the ordered products, the Seller will make an effort to inform you if they have been notified by the carrier.
You can also report the delivery delay yourself by contacting us via email at aquazolla.nature@gmail.com.
The Seller undertakes to take the necessary steps to determine the cause of the delay and find an adequate solution with a view to 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 from them, sent by registered letter with acknowledgment of receipt.
The consumer will then be reimbursed for the amounts incurred by him during the order.
This clause is not intended to apply if the delay in delivery is due to the client's actions or to a case of force majeure, independent of the publisher's will.
In such cases, the client agrees not to take legal action against the site and its publisher and waives the right to invoke the resolution of the sale provided for in this article.

7.4 Address Error
It is important for the customer to be very attentive when entering their postal address and email address. Indeed, the Seller cannot be held responsible for the non-receipt of emails in case of an incorrect email address. Similarly, the Seller cannot be held responsible for the non-delivery of the order in case of an incorrect, incomplete, or unrecognized postal address by the carrier due to improper wording. No compensation will then be possible. If a partial or total return were to be considered (left to the sole discretion of the Seller), the customer would in any case a minima be required to pay the shipping costs again as specified on the site depending on the destination.


8. Receipt of products by the customer

8.1 Delivery error and apparent defect
The client agrees to verify the compliance of all products with respect to their order upon delivery.
Any delivery error regarding the order or apparent defect must be the subject of a complaint within 24 hours from the delivery by email to the address aquazolla.nature@gmail.com.
After this deadline, the client will no longer be able to claim a delivery error or an apparent defect.
This concerns losses on living plants or invertebrates, breakage of the product(s) or missing product(s) in your order, and the procedure to be strictly followed is as follows:
- write on the delivery slip, specific and justified reservations (the mention "under reservation" will not be accepted).
- specify the name and reference of the broken or missing or damaged product(s) for plants or invertebrates.
- send us a complaint email to the address: aquazolla.nature@gmail.com
- attach to this email explicit photos or videos of the damaged plants or invertebrates still in their double sealed plastic packaging or of the broken product(s) in question or a photo of all the received products, unopened, in case of missing product(s).
We will thus be able to prepare a claim file.
"Without compliant and conclusive photos and without precise and concrete reservations on the delivery slip, no acceptance will be possible."
The reimbursement will be made in the form of a credit.
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 will be considered valid, and a theft complaint will be systematically filed by the Seller with the competent prosecutor's office. The customer's testimony in a format admissible in court will then be absolutely necessary (Cerfa form provided by the Seller) to support these actions. The possibility of joining as a civil party in these criminal proceedings will also be offered to the customer.
"No claim will be admissible unless this procedure can be fully completed, particularly by the production of properly executed testimony."

8.2 Damage and partial loss
In the event of delivery of a package that is clearly and visibly damaged, it is the customer's responsibility to refuse it in order to benefit from the warranty offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared for them and then shipped upon receipt of the damaged package in return.
In such cases, the delivery times indicated above in these general conditions will no longer apply.
Similarly, the customer must refuse any incomplete package or one containing damaged items.
Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three days, excluding public holidays, following the date of this receipt, the recipient has not notified the carrier, by registered letter, of their reasoned protest. Failing to carry out this formality, the client will not be able to receive compensation.

9. Consumer Rights

9.1 Customer Service
The customer service of the Site is accessible:
- by email at 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 the legislation in force, consumers have a period of 14 days from the date of receipt of the package to request a refund.
In order to exercise this right, it is their responsibility to return (at their own expense) the package to the following address: AQUAZOLLA - Returns 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, therefore 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 shall not in any case claim the exercise of any right of withdrawal for orders of:
- all products that are clearly customized or made according to their specifications or clearly personalized;
- all products that, by their nature, cannot be returned or are likely to deteriorate or expire quickly;
- of audio or video recordings or computer software when they have been unsealed by the consumer;
- of newspapers, periodicals, or magazines;

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

Following your request for withdrawal, the Seller, in accordance with legal provisions, will proceed with your refund within 14 days following the notification of your withdrawal request.
In the absence of receiving your product or proof of shipment of your product within this timeframe, the Seller reserves the right to postpone your refund until the day of receipt of your product.
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. Guarantees

10.1 Manufacturer's Warranty 
Some products for sale on the site may benefit from a contractual warranty known as "Manufacturer's Warranty" granted by the Supplier or the 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.
"In the absence of presenting these documents and information, the Supplier or the Manufacturer of the product may refuse to implement its warranty."
To activate your Manufacturer's Warranty, it is your responsibility to 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 preclude 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 for hidden defects as mentioned in articles 1641 to 1648 of the Civil Code as well as in article 2232 of the same code (hereinafter legal warranties).
10.2 Guarantees for live and perishable products
"Living and perishable products cannot be guaranteed due to their particular nature."
A commercial gesture may, however, be offered by the Seller to the Client in case of a problem during delivery in mainland France.

This 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 explicit photos and videos of 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 liable for any existing conformity defects at the time of delivery.
"He is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when it has been charged by the contract or has been carried out under his responsibility."
 
Article L211-5 of the Consumer Code
To comply with the contract, the property must:
1. Be suitable for the usual expected use of a similar good and, if applicable:
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;
Present the qualities that a Buyer can legitimately expect in light of the public statements made by the Seller, by the producer or by its representative, particularly in advertising or labeling;
2. Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.

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

Article L211-16 of the Consumer Code
When the Buyer requests the Seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days will be added to the duration of the warranty that remained in effect. This period runs from the Buyer's request for intervention or from the availability of the good for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the intended use, or that diminish this use to such an extent that the Buyer would not have purchased it, or would have only paid a lower price, had they known of them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from hidden defects must be brought by the buyer within a period of 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 made between the Seller and the manufacturers.


11. Force majeure

The Seller shall not be held liable for the non-performance of any of its obligations arising from the sales contract as long as this non-performance is related to the occurrence of a force majeure event.


12. Data Protection Act of January 6, 1978

12.1 General Provisions – Purpose – Duration
Users have the free choice to provide personal information about themselves. Providing personal information is not essential for browsing the site.
On the other hand, registration on this site requires the collection, by the publisher, of a certain number of personal information concerning internet users.
Users who do not wish to provide the necessary information to create a personal account will not be able to place an order on the Seller's website.
The data collected are necessary for the proper administration of the services offered on this site as well as for the publisher's compliance with its contractual obligations.
These data are retained by the publisher in this unique capacity, and the publisher agrees not to use them in any other context, nor to transmit them to third parties, except with the express consent of the users or in cases provided for by law.

The contact details of all users registered on this site are stored for a maximum period of one year from the deletion of the personal space, a reasonable duration necessary for the proper administration of the site and for 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 simply 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 address of the Seller mentioned at the top of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site. The personal data collected is not subject to any transfer abroad.
12.3 IP address
Furthermore, the Seller reserves the right to collect the public IP address (Internet Protocol) of all internet users.
The collection of this IP address will be carried out anonymously and will be kept for the same duration as personal information. It will only be intended to allow for the proper administration of the services offered on this site.
The IP address corresponds to a series of numbers separated by dots that allows for 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 requisition) or to any person (upon 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 from the Seller's liability under this contract

In case of inability to access the site due to technical problems or of any kind, the Buyer cannot claim any damages and cannot seek any compensation.

The Seller shall not be held liable in any case for the non-performance or improper performance of the contract that may be directly or indirectly attributable to the actions of the Buyer or to a case of force majeure, as defined by the courts of French law.
The unavailability, even prolonged and without any limiting duration, of one or more products, cannot constitute a prejudice for internet users and cannot in any way give rise to the granting of damages by the Seller.

The visual representations of the products published on this site are guaranteed by the Seller to be true to reality, in order to fulfill its obligation of perfect information, within the limits of the provisions set out in point 1 of these General Terms and Conditions.
However, in the current state of technology, the rendering of these representations, particularly in terms of colors or shapes, can vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the display resolution.
These variations and differences cannot be attributed to the Seller, who cannot in any case be held liable for this.

The hyperlinks present on this site may lead to other websites, and the Seller's liability cannot be engaged if the content of these sites contravenes the applicable laws.
Similarly, the Seller's liability cannot be engaged if the visit by the internet user to one of these sites causes them harm.

14. Intellectual property rights of the elements published on the site

All elements constituting this site belong to the Seller or their rights are assigned by Third Parties to the Seller and are thus protected by intellectual property legislation.
Internet users therefore acknowledge that in the absence of authorization, any total or partial copying and any 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, but also its structure, its name, and its graphic charter.

15. Amicable settlement of disputes

Any disputes that may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the Seller for the purpose of an amicable settlement.
It is reminded that requests for amicable settlement do not suspend the deadlines for initiating legal actions.

16. Applicable law and competent jurisdictions

These General Terms and Conditions are subject to the application of French law and are under the exclusive jurisdiction of the French courts. The language of the contract is French.
 
17. Severability

If any of the clauses of these General Terms and Conditions were to be declared null by a court decision, this nullity would not affect the validity of the other clauses, which would continue to have effect.

18. Non-waiver

The Seller's failure to temporarily or permanently invoke one or more clauses of these General Terms and Conditions shall in no case constitute a waiver of the right to invoke the remainder of the General Terms and Conditions.