Legal Notice

General conditions of use, general conditions of sale.

Article 1 - Scope

Article 2 - Identity of the company Naïades SRL

Article 3 - Presentation of the site bassin-baignade.eu

Article 4 - Hypertext links

Article 6 - Information on the goods offered on the site bassin-baignade.eu

Article 7 - Guarantee

Article 8 - Cookies

Article 9 - Privacy policy - processing of personal data.

Article 10 - Prices

Article 11 - Order

Article 12 - Order process

Article 13 - Transport costs

Article 14 - Delivery

Article 15 - Right of withdrawal

Article 16 - Jurisdictional provisions

Article 17 - Intellectual property

Annex

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Article 1 - Scope

1.1 The scope of application of the general conditions of sale presented below concerns distance contracts (art 2.7 directive 2011/83) whose definition is as follows:

Any contract concluded between the company “Naïades SRL” and the customer, as part of an organized distance selling system, without the simultaneous physical presence of the company and the customer, through the exclusive use of one or more sales techniques. remote communication, until the moment, and including the moment, when the contract is concluded" (Art I.8.15° CDE).

1.2 This definition also covers situations where the customer visits the commercial establishment only to collect information about the goods and then negotiates and concludes the contract remotely. But, a contract which is negotiated in the commercial establishment of the company and which is finally concluded using a distance communication technique is not considered a distance contract. Likewise, a contract which is drafted using a distance communication technique, but which is finally concluded in the commercial establishment of the company, must also not be considered as a distance contract.

Article 2 - Identity of the company Naïades SRL

The Naïades company is an SRL whose store is located at the following address:

2B, rue des Ardennes

B- 6780 Wolkrange

Telephone: 0032/63229079 (10 a.m. – 5:30 p.m.)

Contact: lesnaiades@skynet.be

VAT: BE 0839.009.814

Article 3 - Presentation of the site bassin-baignade.eu

3.1 Online sales site for pond equipment, offering in particular fish feed products, ornamental pond construction equipment, koi ponds, swimming ponds, filtration, pumps, care products, swimming pool products sealing, spare parts etc.

3.2 Responsible editor of the site: Francis Reis.

For all questions relating to the site, or any reports of illegal content or activities, contact the editor at lesnaiades@skynet.be

3.3 The publisher makes every effort to allow access to the site 24 hours a day, 7 days a week. However, on certain occasions, the publisher may at any time interrupt or limit access to all or part of the site , this in order to carry out updates or certain modifications. The main language used on the site is French and secondarily English.

Article 4 - Hypertext links

The site bassin-baignade.eu contains hypertext links pointing to websites over which no control is possible. This mainly concerns sites of builders or manufacturers of pond equipment. Despite regular checks carried out by the publisher, Naïades SRL declines all responsibility for the content that can be found on these sites.

Article 5 - General conditions of use

5.1 Access and use of the site bassin-baignade.eu of the company Naïades are subject to acceptance and compliance with these General Conditions of Use. The sales contract is born by acceptance of the order placed by the customer. This means that as soon as the customer clicks on the "I confirm my order" button, the customer implicitly acknowledges that he must pay for the order. This is what European rules stipulate and what the European Court of Justice recalled in its judgment of April 7, 2022.

5.2 Before confirming the order, the customer acknowledges having read the general conditions of use and sale, and declares to accept them without reservation by clicking on the “I accept” button. Therefore, in the event of disagreement with the general conditions, no use of the site can be made by the user.

Article 6 - Information on the goods offered on the site bassin-baignade.eu

6.1 The items offered are described at least by one or more photos as well as a description and a list of the main technical characteristics. Representations or photos of item models as well as dimensions and weights are not contractual and do not engage the responsibility of Naïades. The characteristics indicated are those provided by the suppliers. In the event of an error or omission, Naïades cannot be held responsible.

6.2 In the majority of cases the photo of the article corresponds to reality. However, in certain cases this is not possible and a generic photo is inserted in the description (for example, lamps, quartz tubes, PVC fittings, etc.)

6.3 Minimal differences never harm the customer because the reference of the brand and model of the item is always respected. It is therefore the exact model that the customer receives even if the photo or representation is sometimes slightly different.

Article 7 - Guarantee

7.1 The legal guarantee provides for a two-year guarantee period for any defect in a good purchased by an individual (therefore B2C).

7.2 Professionals are not entitled to the legal guarantee for purchases made within the framework of their profession (B2B). To distinguish the purchase of a professional customer on a private basis or, for his professional activity, the presence of the VAT number on the invoice (indicated by the customer himself) attests to a purchase intended for his professional activity.

7.3 All references offered on the site are guaranteed for two years. Some items benefit from a commercial guarantee with a longer period. This information is then mentioned in the description of the item concerned and the customer is required to follow the instructions indicated in the documents provided with the item to obtain the commercial guarantee provided by the manufacturer. (Example: some manufacturers require product registration on their sites). If the product is not correctly registered, the warranty remains fixed at 2 years, the invoice date being taken as proof.

7.4 The Naïades company is bound by the 2-year legal guarantee, if the goods fail to comply with the contract at the time of delivery. In addition, the defect must appear within 2 years of delivery. To assess conformity, the following criteria indicate the condition of the purchased good which must:

7.4.1 conform to the description visible on the sales site (therefore not visible elsewhere).

7.4.2 be suitable for the intended use

7.4.3 delivered with all accessories as indicated in the description

7.4.4 receive possible updates as described in the property description

7.4.5 be delivered with packaging and a user manual that can reasonably be expected. Excluded are PVC parts and similar accessories sold in bulk which are normally purchased by a customer with a minimum of experience in installing these accessories.

7.4.6 have the quantity and possess the qualities and other characteristics in terms of durability, functionality, compatibility and safety which are normal for the same type of goods and which can reasonably be expected.

7.5 The customer cannot invoke the legal guarantee in the event of a lack of conformity if, at the time of purchase, he was aware of this defect or could not reasonably have been unaware of it.

7.6 The customer cannot invoke the legal guarantee in the event of a defect following improper handling and/or non-compliance with the assembly or use instructions.

7.7 The law makes a difference depending on when the defect appears.

7.7.1 If the defect appears 6 months after purchase (invoicing date), Naïades must automatically apply the 2-year legal guarantee free of charge unless it is proven that the customer is the cause of the defect.

7.7.2 If the defect appears AFTER the first 6 months, Naïades is not required to provide repairs free of charge; it is up to the customer to prove that the defect already existed at the time the product was delivered to them. The client may need to call on an expert to demonstrate this. If the consumer is unable to provide this proof, Naïades is not required to repair or replace the defective device free of charge. In this case, Naïades sprl is fully entitled to invoice the repair and/or transport costs.

7.8 In the event of an exchange, the 2-year period is only suspended for the time necessary for the repair or replacement of the item.

7.9 The customer is required to inform Naïades of the existence of a lack of conformity within two months from the day on which he noticed the defect. The customer is advised to react as soon as possible after noticing a defect.

7.10 In the majority of cases, Naïades provides after-sales service for the goods acquired. A few rare exceptions (indicated in the property description) mean that a builder can intervene directly himself, with the aim of efficiency and speed. For example, a pump will be replaced within 48 hours directly by the manufacturer, but only if the contract provides for it, and if the customer has registered the item with the manufacturer as required.

Article 8 - Cookies

8.1 A cookie is a file that is transferred to the customer's computer, smartphone or tablet via their Internet browser. Cookies are transferred to the hard drive of their terminal when the customer visits the site and allow their system to recognize them during successive visits to the bassin-baignade.eu site. This improves the use of the site.

8.2 Cookies may be temporary or permanent. Temporary files are active for the duration of the visit only and are deleted when the browser is closed. Permanent cookies remain on the customer's hard drive until they are deleted (or their browser, after a certain period of time).

8.3 Session cookies are used to improve the customer's visit. A third party (Google Analytics) is also authorized to use cookies for statistical purposes. The customer obviously has the right to refuse the collection of data and the tracking of his visit but to guarantee the highest level of functionality of the site, it is recommended to accept these cookies.

8.4 If the customer wishes, he can modify these parameters in the preferences setting of his browser. If the customer wishes to deactivate Google Analytics cookies he can go to the Google site page and click on the “deactivate” button. If the customer wishes to neutralize cookies, he simply has to configure his browser but in this case, certain functionalities of the site will not be available, which will limit the use of the site.

Article 9 - Privacy policy - processing of personal data.

9.1 The customer has the right to know what happens to the data concerning him. Registration on the site gives rise to a collection of information concerning him (surname, first name, address, telephone numbers, email address and possibly the date of birth and gender, and for professionals, the VAT number and the company name)

9.2 An order results in registration, therefore necessarily the processing of personal data listed above. These data are processed in accordance with the law: they are recorded and processed exclusively by Naïades.

9.3 At any time, the customer has the possibility of accessing an account to modify his data. The customer has the right to obtain a copy of the data processed and any information available on his account, as long as he can prove his identity. A response is provided within 45 days.

9.4 Use of personal data: the data that the customer provides is used only for the processing of their orders. Naïades may use this data in the context of direct marketing (newsletter) if the customer has given his consent. It is always possible to unsubscribe from the newsletter without justification.

The data allowing the identification of the customer are kept for a maximum of 2 years after their last order. Beyond this period, the customer will have to open a new account because all the data will have been purely and simply deleted.

Article 10 - Prices

10.1 The prices of the items are indicated in Euros, all taxes included. The prices do not take into account delivery costs, which allows fairness for customers buying directly from the store located in Wolkrange and who consult the prices on the site.

10.2 Shipping costs are indicated before validation of the order, moreover the price can be consulted on the page dedicated to this subject from the home page.

10.3 The total amount of the order, all taxes included, shipping costs included (*), is indicated before final validation of the order. Full payment of the price must be made when ordering, after clicking on the “I confirm the order” button.

(*) Shipping costs included for equipment shipped by parcel only. Special provisions concerning the shipping costs of articles classified as "heavy and/or bulky" or dangerous transported only on pallets are provided and are the subject of article 13.

10.4 Naïades reserves the right to modify its prices at any time. This modification does not concern the price of items contained in a basket and for which the order has been accepted. An exception concerns editing errors: if a price should be obviously incorrect, Naïades reserves the right to modify the price, even if the item is contained in the basket of an order already accepted. In this case, the customer has the right to cancel this order and Naïades will refund the entire order.

10.5 A reduction or promotion applied to a reference - therefore clearly displayed on the site - is only valid for a purchase on the sales site only. This promotion is therefore not (necessarily) valid in our establishment located in Wolkrange. The price to pay at the physical store is that displayed on the label placed at the store. Please note that - apart from these promotions - the sales prices displayed on the site are identical to the prices displayed in the physical store.

Article 11 - Order

11.1 The customer has the possibility to fill a basket which indicates the reference, the price and the quantity. Before confirming the order, the customer must also accept the general conditions of sale by clicking on the “I accept” button. The customer therefore undertakes either to read the general conditions of sale before validating his order, or to stop the order process in the event of disagreement.

11.2 The customer must ensure that they provide accurate information when registering. Naïades reserves the right to delay sending an order in the event of non-payment, or in the event of error in information relating to the delivery or billing address.

11.3 Naïades cannot be held responsible for possible entry errors (wrong, incomplete address, no telephone number, etc.), nor for the consequences in terms of delay or delivery error. In this case, all actual costs incurred for reshipping the order to an exact address are entirely the responsibility of the customer.

11.4 Any order validated on the site bassin-baignade.eu implies full payment: the customer who validated his order by clicking on the “I confirm my order” button implies an obligation to pay. In the event of payment “by transfer”, payment must be made maximum 7 days after the date of the order. After this period, Naïades may request compensation.

Article 12 - Order process

12.1 Reading the site is free and open to all, without opening an account. But to place an order, you must open a user account.

12.2 The different stages of the order process are as follows. This starts by entering an email address and a password which constitute a login. The login allows the customer to connect and disconnect from the site. He then has access to his account from which he can manage his orders, view orders, modify or add addresses, request quotes, modify his login, etc.

12.3.1 The individual customer must then indicate their contact details (identity, address and other information useful for invoicing and delivery).

12.3.2 The professional customer must do the same and also indicate the name of his company and the intra-community VAT number.

12.4 The customer chooses the items he puts in his basket: he has the choice of quantities, the choice of various variations via drop-down menu (color, diameter, power, etc.) and he is responsible for his choices. Each time an item is added to the cart, a window opens to confirm this addition to the cart.

12.5 When the customer has finished filling his basket, the next step consists of displaying the contents of his basket called "Shopping-Cart summary". This window allows the customer to check their order using the following elements: the product description, a photo, the quantity ordered, the price of each item, the delivery price, the total price excluding taxes and the total price including taxes . The page also indicates the delivery address and billing address.

12.6 The site program is capable of detecting certain input errors: the customer must, however, take care to identify and correct any possible errors. If the customer makes an error in his order or in his contact details, he cannot hold Naïades responsible.

12.7 During the order process a “free shipping” indication appears when the total amount of the order exceeds 400 Euros including tax. This indication is only effective provided that all the items in the basket can be shipped by parcel (i.e. one or more boxes but not heavy equipment transported on a pallet).

12.8 If one or more items are too heavy or if their dimensions do not allow shipment by parcel, an exact calculation of the shipping costs is subsequently submitted to the customer to carry out transport on a pallet. The customer can cancel his order if he finds the transport costs excessive. This calculation can only be done by knowing the location of the delivery and the exact content of the order: the customer can request a quote before placing the order.

This calculation is carried out by Naïades on a case-by-case basis, and the details of the possibilities are mentioned in article 13 of these general conditions of sale, as well as on a special information page accessible from the home page. The fact that these shipping costs, which cannot reasonably be calculated in advance, are indicated in the description of all the items concerned. By reading the description of a heavy item that requires transport on a pallet, the customer knows in advance that he will – possibly – have to bear costs calculated on a case-by-case basis depending on numerous variables. He may cancel his order if he considers the transport costs excessive. If the order is large and Naïades considers it possible to make a commercial gesture, the shipping costs may be reduced or even free.

12.9 The customer continues the order process by clicking on the “checkout” button and a new window opens. The customer can also choose a delivery/billing address stored in their account, add a new address or add a specific comment for the attention of Naïades.

12.10 The customer continues the order process by still clicking on the "checkout" button, and he still has a final choice to have the order delivered to the previously selected address, or to take the order to the store.

12.11 Before clicking on the button "I agree to the terms of service and will adhere to them unconditionally. (Read the conditions of use) "The customer undertakes to read the conditions of use and the general conditions of sale. It is impossible to continue the ordering process if the button is not clicked. To this end, the following message appears: “You must accept the conditions of use before continuing”.

12.12 The customer continues the order process by always clicking on the "checkout" button, a page summarizing the items ordered appears and the customer has the choice of payment method depending on their location. The three payment methods are bank transfer, check, or online payment by card on a secure payment site like Ingenico.

12.13 In the event of a bank transfer, the customer has the choice between a bank located in Belgium, or a second located in France. The contact details of these banks appear on a special page accessible from the home page.

12.14 The customer chooses one of the three payment methods and must then click on the “I confirm my order” button. From this moment the order is deemed valid and the contract between the customer and Naiades is concluded, which means that the customer has the obligation to pay for his order.

12.15 The customer then makes the payment by clicking on the buttons corresponding to the selected payment method. As soon as the purchase and payment are validated by the customer, the latter receives a detailed order confirmation in their email. The customer can print an invoice that they can read from their account on the bassin-baignade.eu website. Please note that the credit card used for payment is immediately debited at the time of the transaction.

12.16 Naïades then packs the goods and ships them as quickly as possible. The customer can know the progress of the process by consulting their account. The customer also receives an email during each operation (order preparation, order shipped, etc.) as well as the package numbers to follow the delivery.

Article 13 - Transport costs

13.1 Transport costs are the responsibility of the customer. The program on the site bassin-baignade.eu calculates and indicates the price of transport based on weight, volume and the location of the customer.

13.2 During the order process, the customer knows the transport price of his order, if the latter only includes items transportable in packages (in a box).

13.3 To know in advance the price of shipping costs for packages, a price list can be consulted on the site: the price varies depending on the location, weight and volume of the order. This price list is only valid for items on the site shipped by parcel (in cardboard boxes). The weight of each box cannot exceed 20 or 30 kg depending on the type of carrier.

13.4 This is not the case for equipment transported on pallets: this equipment is clearly identified and readable on the site, in the description. The price of transport then depends on other variables that the program is not able to calculate. The customer has the choice to place an order and an email is subsequently sent to him with the exact transport amount. At this time, if the customer finds the price excessive, he can cancel and Naïades will reimburse the costs incurred. The customer can also contact Naïades to request a quote BEFORE placing an order.

13.5 An indivisible item weighing more than 30 kg including packaging cannot be sent by parcel. Example: a large pump or bucket of water treatment product weighing 31 kg. This item can therefore only be shipped on a pallet, by carrier.

Likewise, if an object exceeds the dimensions accepted by parcel transport companies, this item must also be shipped on a pallet. Example: a pond filter 2 meters long. These two types of items are qualified as “heavy and/or bulky items”. A third category of products cannot be shipped by parcel: these are dangerous products or flammable products. These products are always shipped on a pallet provided for this purpose.

13.5.1 Furthermore, Naïades considers that it should be possible to grant a discount to a customer who purchases equipment for a large amount or to grant a discount to another because he purchases equipment very regularly. However, if an order includes at least one "heavy and/or bulky" item, it is impossible to program the software to obtain a satisfactory and fair result.

13.5.2 For logistical or economic reasons, it will sometimes be possible to ship the material of an order by both types of shipment (shipping by parcel combined with shipping on a pallet). In this case, a proposal will be made to the customer as to the price of both types of shipping.

If the customer agrees, they will be sent a link for online payment: they can also, if they prefer, pay the transport costs by transfer or check.

If the customer considers that the costs are higher than he thought, he will have the choice of modifying his order, or simply canceling it. Naïades will refund the full amount of their order immediately.

13.6 Free shipping costs. The program generates the cancellation of transport costs and therefore makes transport free when the customer purchases items on the site for an amount greater than 400 Euros. This offer only applies to orders that only include items shipped by parcel. The cancellation of shipping costs therefore does not concern the transport on pallets of products classified as "heavy and/or bulky" nor products deemed dangerous or flammable.

13.7 The total weight of an order per package (therefore of all the boxes in an order) must not exceed 100 kg. This exception is negotiable and necessary to avoid abuse.

Example, a customer orders 30 bags of zeolite: even if a bag only weighs 10 kg, and it can be transported by parcel, the order weighs as a whole more than 300 kg. Naïades may consider this transaction as a “loss sale” and in this case ask the customer to pay the transport costs. In this particular case, the customer can cancel his order and Naïades reimburses the amount of the order placed on the site.

To summarize: if the amount of the order exceeds 400 Euros AND the total weight of the order does not exceed 100 Kg, shipping is free: this ONLY applies to PARCEL shipments, therefore not transport on pallets.

13.7.1 This offer cannot be offered to customers who reside in distant countries: the program is nevertheless able to make the distinction and informs the customer when they benefit from free transport. In addition, the customer can consult the price list to find out the amount allowing free shipping, as well as the countries concerned by this possibility.

13.8 Concerning the French Overseas Territories: the equipment is sent by plane or cargo, the calculation of transport costs is based on the volumetric weight. Therefore, a prior estimate of the transport price is essential. This offer is transmitted to the customer who is free to accept or not.

Article 14 - Delivery

14.1 Delivery is only made after full payment of the order.

14.2 Parcel orders are usually dispatched within 1 - 5 working days with the exception of certain goods executed in numerous variations. Most common items are in stock or available within 48 hours.

14.3 Orders delivered on pallets sometimes require a little more time: this mainly only concerns large filtration equipment which we know is sometimes produced on demand or modified according to the customer's wishes. The manufacturing and/or delivery time is indicated to the customer by email.

14.4 The delivery time also depends on the carrier: it must be taken into account that carriers do not collect packages on weekends, and that an order delivered on a pallet in a distant geographical area will be delivered later than one order delivered in parcel. The average time for delivery by parcel is D+1 to D+3, and delivery on pallet is D+1 to D+5 depending on the customer's location except overseas territories and remote countries (Spain, Portugal, etc.). ) which require a longer period.

14.5 In the event of late delivery, Naïades sprl cannot be held liable and no compensation can be claimed. According to the legislation, the maximum legal delivery time is 30 days: after this time, the customer has the right to cancel the order.

14.6 The risk of loss or damage to the goods is transferred to the customer when the latter, or a third party designated by him, and other than the carrier, takes physical possession of these goods, that is to say, upon delivery . If a customer prefers to designate a carrier of his choice, and this carrier has not been proposed by Naïades, in this case, the risk is transferred to the consumer upon delivery of the goods to the carrier, without prejudice to the rights the consumer has access to his carrier.

14.7 Naïades is responsible for any damage caused to the goods during transport, even if the carrier is the author. The customer relieves Naïades of this responsibility by receiving the order. When the customer accepts the item, he agrees to its condition: if damage is noted after receipt, no refund can be required. Naïades therefore recommends checking the package and especially its contents in the presence of the delivery person. This essential check includes checking the condition of the devices in the boxes.

14.8.1 The transfer of risk passes from Naïades to the customer when he receives his order from the carrier or when he collects his package from the relay point. If the customer subsequently notices damage, no claim can be entertained.

On the other hand, if the customer notices, after receipt of the package, that a product does not correspond to the order (size error, reference error) the customer must simply report this error to Naïades who will send the correct desired reference and indicate to the customer the procedure for returning the non-compliant product. The shipping costs for this exchange are therefore the responsibility of Naïades.

If replacement of the good is impossible due to a stock shortage or within a reasonable time, the customer has the right to obtain a refund for the product concerned.

14.9 It may happen that the container of a package is damaged, but not its contents: this is why checking the contents is essential in order to avoid the unnecessary return of goods that are ultimately in good condition. In this case, Naïades reserves the right to charge the actual shipping costs to return the package initially refused.

14.10 In the event of actual damage to the contents of a package, the customer must refuse it, he must note the reason for refusal (damaged packaging and contents of the package) on the carrier's delivery slip and immediately notify Naïades in writing (by email or letter only). Photos of the contents and container can facilitate a favorable response.

14.11 To be valid, the reason for refusal must be written and formulated at the time of delivery. It must be precise and describe the delivery anomalies AND the damage suffered to the goods (and not exclusively the packaging) with the reference or name of the parts concerned. Observations must be complete because only the damage mentioned will be retained as existing at the time of delivery. Refusal to receive an order can therefore only be valid if there is obvious damage.

14.12 These conditions, imposed by carriers, must be met by the customer who is the sole judge at the time of delivery. This is essential to attempt a reimbursement request from the carrier's insurance. If these conditions are not met, Naïades sprl cannot be held responsible for the damage and no claim can be entertained.

14.13 Depending on the country and the carrier, the package is presented one or more times to the customer. In the event of absence, a delivery notice on paper or by SMS or email invites the customer to collect the order from the place indicated, generally La Poste, or a relay point, or even a specific depot. The package can remain there for between 7 and 14 days depending on the carrier, after which it will be returned to the store. In this case, Naïades reserves the right to charge the actual shipping costs to return the item. In certain cases, depending on the carrier, the customer has the possibility of modifying the route or the date of delivery.

14.14 The customer is asked for a MINIMUM of attention to follow the delivery of his goods and for this, a parcel number is sent to him in order to ensure regular delivery.

14.15 One week after the date of delivery to the relay point, or attempted delivery to the address indicated by the customer, Naïades cannot be held responsible for the non-receipt of an order or its loss, due to the negligence of the customer who did not provide the necessary attention to collect their order. Naïades relies exclusively on carrier tracking information to confirm or not the delivery of a good. As a recipient, the customer can check the exact status of the order: he must therefore act within a reasonable time to receive his goods.

14.16 In a non-delivery process, if a package has not been received due to the fault and/or negligence of the customer for whatever reason, the package remains in storage for 1 or two weeks (at the post office, or a relay point or other depending on the carrier). Then the package is sent back to Naïades (the sender).

14.17 If a package returns to the store due to non-delivery following an incorrect address indicated by the customer, or non-delivery caused by the customer (absence and/or failure to find the package at the post office or at the point relay) or, following the recipient's refusal to receive it, the package may be sent a second time, but at the actual price of the service and not at the price indicated on the site which is a commercial rate. In addition, return costs will always be invoiced at the price actually paid by Naïades.

Since the package must return to the store through the sole fault or negligence of the customer, the material which returns to the sender, therefore Naïades, is under the EXCLUSIVE responsibility of the customer. If the material were to return damaged to the store, Naïades cannot be held responsible for either the damage or the possible loss of part or all of the order, whether contained in a single or several packages, or even for material delivered on pallets. Under these conditions, no complaints are possible.

14.18 One month after the supposed delivery date (indicated on the package tracking), a package not received by the customer is considered lost and Naïades cannot be held responsible for the non-delivery of a package, nor for its loss , nor its possible damage. This even if the package was delivered by mistake to another address. Tracking and signature for receipt constitutes indisputable proof.

The burden of proof lies with the customer who should normally exercise a minimum of care during a planned, assumed or expected shipment. After this period of 1 month, we note obvious negligence on the part of the customer and the Naïades company cannot therefore be held responsible for the customer's lack of attention to their order.

The examination of a complaint does not imply recognition of its merits by Naïades. In the event that a complaint is declared founded, Naïades' liability is limited only to the repair or replacement of defective goods, excluding shipping costs. Naïades' liability does not under any circumstances include labor costs, travel costs, compensation for loss of profit or shortfall or any other indirect loss.

Article 15 - Right of withdrawal

15.1 The individual customer (i.e. not the professional who buys for his business or company) has the right to withdraw from the sales contract without giving reason within fourteen days. The withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the goods.

15.2 If multiple goods are ordered at once by the customer, but delivered separately, or in several lots or pieces, the withdrawal period expires at the end of a period of fourteen calendar days from the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last good, lot or part.

15.3 To exercise the right of withdrawal, the customer MUST notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post or email). The customer can also use the model withdrawal form proposed at the bottom of the page and send his decision to the address: Naïades, 2B rue des Ardennes in B- 6780 Wolkrange, telephone 063/229079, email address: lesnaiades@skynet.be

15.4 The customer who exercises this right of withdrawal has the obligation to - under his responsibility and at his own expense - return the goods in their original packaging to the Naïades address given above.

The item in its original packaging must be accompanied by the purchase invoice and a copy of the withdrawal form (available below).

The item must be returned within fourteen days of sending the withdrawal form. The customer must therefore pay the costs of returning the order, whether by parcel or on a pallet. The average price for making the return is available on the website of most carriers... The customer decides for himself which carrier is right for him to return a product he no longer wants.

15.5 In the event of exercising the right of withdrawal, Naïades reimburses the customer the sum paid for the goods ordered under the conditions set out above, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. been exercised.

Shipping costs relating to delivery to the recipient (the customer) are also reimbursed unless the customer has opted for a more expensive means of transport than that offered by Naïades. Example: delivery to an address is more expensive than delivery to a relay point offered by Naïades... Delivery to an address is therefore not reimbursed but delivery to a relay point is.

15.6 In the absence of a return under the conditions set out above, no reimbursement is due from Naïades. The customer cannot therefore return a package on their own without following the procedure in place.

15.7 If a product returns damaged upon return - following the customer's decision to use their right of withdrawal and therefore to return the product - the product in question is not refunded and returned to the customer. Transport is the responsibility of the customer even if their carrier is the cause of the breakage. In the event of minor damage, Naïades may invoice or deduct from the refundable amount a compensatory sum for goods returned damaged.

15.8 A package refused by the customer upon delivery for whatever reason is not subject to the conditions of the right of withdrawal: the right of withdrawal presupposes first receipt of the goods, then the decision to use this right, and not the other way around. The withdrawal period begins the day following the acquisition of the goods by the customer.

15.9 Naïades reimburses the goods using the same means of payment as that used for the initial transaction, unless the customer expressly agrees to a different means.

15.10 The customer is liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this goods. The law clearly provides that the customer can check and examine the good as he could have done in store, no more, no less.

The customer can examine a device, measure it, weigh it, check its functionality but not test it if its use inevitably leaves traces. In the case of a pump for example, it is not allowed to immerse it in water...

15.10.1 The customer who uses the goods to an extent which exceeds what is necessary is responsible for any depreciation of the goods and Naïades may therefore invoice or deduct from the refundable amount a compensatory sum for goods returned damaged, containing traces of assembly or mishandling, or for restoration of the property.

15.10.2 The same applies to the repair or replacement of particular packaging or device specially designed for the good: if the customer damages or destroys packaging or protection specially designed for the good, he is responsible. .

15.11 The burden of proof regarding the exercise of the right of withdrawal rests with the customer.

15.12 The right of withdrawal is not an unlimited right, it does not apply to the following goods:

15.12.1 Goods whose price depends on fluctuations on the financial market beyond the control of Naïades and likely to occur during the withdrawal period.

15.12.2 Goods made, cut, or personalized according to customer specifications, such as EPDM membranes, 3D EPDM membranes, tinted polyester resins, pipe cuts, rolls of Ecolat cut to allow shipment, pond filters offered in several personalized versions…

15.12.3 Equipment including sealed computer software which was unsealed after delivery such as pump with electronic controller…

15.12.4 UVC lamps, LED lamps protected or not by blister pack.

15.12.5 Treatment or care products, water tests, sealant or food, etc.

15.12.6 A good whose blister-type packaging and/or protective film has been torn or removed. Example: a care product or food from which the protective film has been removed…

15.12.7 Goods whose vacuum packaging has been torn or removed, such as a bag of air pump membranes, etc.

15.12.8 Goods likely to deteriorate or expire quickly, examples: EPDM or polyester sealing products, etc.

15.12.9 Products on order: a purchasing service for numerous spare parts is offered (more than 4000 references) and given the diversity of references the majority of parts are ordered expressly from suppliers for the customer. Given the very low probability of resale of any of these items, the right of withdrawal does not apply to these goods.

15.12.10 Goods which have been the subject of a prior estimate at the customer's request. In this case, after acceptance of the quote, the withdrawal period does not apply.

The individual consumer is expected to read the general conditions of sale before placing his order and implicitly accepts these conditions. The buyer who is a professional does not benefit from any right of withdrawal. To clarify, if the invoice is issued for a company with VAT number, the right of withdrawal does NOT apply.

Article 16 - Jurisdictional provisions

The site and its content are governed by Belgian law, and any possible dispute relating thereto will be subject to the jurisdiction of the Belgian courts.

Article 17 - Intellectual property

It is strictly prohibited to reproduce any content or element from the bassin-baignade.eu site without having first obtained the express written authorization of Naïades.

All elements such as texts, photos, videos, images, diagrams and other data appearing on the site are protected by intellectual rights belonging to Naïades.

Without the prior written consent of Naïades, it is prohibited to reproduce, modify, publish, distribute, send or sell any of these elements. In the event of an infraction, Naïades always initiates civil or criminal proceedings as appropriate.
Annex

Model withdrawal form (copy/paste and send to us in the event of withdrawal)

Please complete and return this form only if you wish to withdraw from the contract.

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To the attention of Naïades SRL 2B rue des Ardennes B- 6780 Wolkrange Belgium

I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/for the service (*) below:

Order no......................................................

Invoice no. (copy to attach) ..........................

Ordered on the website on.............................

Order received on ......../.............../...............

Name of customer(s) ...................................


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Full address of customer(s)............................

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Date ...........................................................

Signature of the client(s)
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* Delete unnecessary mentions