Terms and Conditions of Sale

Preamble

Site ownership: the website lovee-aquabike.com is the property of GARDENPARTY GROUP SAS in its entirety, as well as all associated rights. Any reproduction, in whole or in part, is prohibited except with the express prior authorisation of lovee-aquabike.com.
Lovee Aquabike registered office at GARDENPARTY GROUP SAS: 7 rue des Platriers 69009 Lyon FRANCE
Lovee Aquabike establishment at GARDENPARTY GROUP SAS: 7 rue des Platriers 69009 Lyon FRANCE
Lovee Aquabike logistics at LDPI: 5 Chem. de Malatrait, 38290 La Verpillière FRANCE

1. Acceptance of the general terms and conditions of sale

The customer acknowledges having read, prior to placing the order, the general terms and conditions of sale set out on this screen and expressly declares acceptance without reservation. These general terms and conditions of sale govern the contractual relationship between GARDENPARTY GROUP SAS and its customer. They shall prevail over any other conditions appearing in any other document, except in the case of prior, express, and written exemption from GARDENPARTY GROUP SAS.
These general terms and conditions of sale may be modified at any time by lovee-aquabike.com, without prior notice. The applicable conditions will be those in effect on the site at the time the order is confirmed.

2. Order

Automatic recording systems are considered as proof of the nature and content of the order. lovee-aquabike.com confirms acceptance of the order to the customer at the email address provided. The sale will be concluded once lovee-aquabike.com has validated payment for the order, meaning the date of payment validation for orders paid online by credit card, or the date of receipt of payment by bank transfer or cheque. lovee-aquabike.com reserves the right, in any case, to refuse or cancel any order from a customer with whom there is an existing dispute.

3. Price and payment

The price is stated in Euros and includes all taxes.
The price indicated in the order confirmation is the final price, inclusive of all taxes and including VAT for France and EU countries. This price includes the cost of the products, handling, packaging and storage fees, transport, insurance, and commissioning costs.

The price is payable in full on the day the order is confirmed.
Payment is made as follows:

By credit card bearing the CB logo, online. E-transactions allows you to pay via a Crédit Agricole bank server in a secure environment. Your credit card number is therefore directed to the bank’s servers, and your payment is made directly to a bank in a secure environment without passing through the shop’s server, which is an important guarantee as your card numbers are known only to our banking partner (Crédit Agricole).
The order will be automatically cancelled and the customer notified by email if the relevant banking payment centres refuse to give their approval. lovee-aquabike.com has implemented a verification procedure and may request additional information from the customer to ensure that the cardholder is the legitimate user. The implementation of this procedure, which cannot be considered a guarantee against any fraudulent use of a bank card nor incur the liability of verycook.com, delays payment validation until the verification process is complete. It may result in the cancellation of the order.
By cheque: Cheques should be made payable to GARDENPARTY GROUP SAS and sent to the following address: GARDENPARTY GROUP SAS 6 rue du Béal 69009 LYON FRANCE.
Payments made cannot be considered as deposits.

4. Retention of title clause

By express agreement, and in accordance with the provisions of the law of 12 May 1980, the products ordered remain the property of GARDENPARTY GROUP SAS until full payment of their price by the customer. If the customer fails to fulfil their obligations, for any reason, GARDENPARTY GROUP SAS is entitled to demand the immediate return of the products at the customer’s expense, risk, and peril.

5. Product availability and shipping

All lead times shown on lovee-aquabike.com are in business days (excluding Saturdays, Sundays, and public holidays).
Each product page indicates:

Either the product’s availability in stock: the “in stock” indication reflects the stock status at lovee-aquabike.com at the time of ordering.
Either an availability period: the availability period corresponds to the time needed to restock at lovee-aquabike.com. In general, orders are processed after payment is confirmed when paid online by credit card or via Paypal, or upon receipt of payment by lovee-aquabike.com when the customer has chosen to pay by bank transfer or cheque. The indications "in stock" and availability periods may vary between the date of the order and, as the case may be, the date of payment confirmation by credit card / Paypal or the date of receipt of the transfer or cheque. Availability periods may also be changed at the initiative of the supplier and/or manufacturer.
In the event of product unavailability:
Permanent unavailability: lovee-aquabike.com undertakes to offer the customer replacement products or to refund the missing items, without delay and no later than 5 days, in accordance with Article L121-20-3 of the Consumer Code.
Temporary unavailability: lovee-aquabike.com will inform the customer of the date when the product will be available again. The customer may then choose to keep the order with the new delivery time, modify it, or cancel it. In the latter case, lovee-aquabike.com undertakes to refund the missing items without delay and no later than 5 days, in accordance with Article L121-20-3 of the Consumer Code. Shipments to French overseas departments and territories are subject to acceptance of the parcel in the hold.

6. Delivery

Order deliveries are handled by independent service providers of lovee-aquabike.com and within the timeframes announced by these providers. The usual delivery times are 24-48 hours for TNT and 3-4 days for GLS.
To report any delivery issues to lovee-aquabike.com, customers have access to free online order tracking, available via the order details.
For deliveries outside mainland France, the customer agrees to pay all taxes due on the import of products, including customs duties, value added tax, and any other taxes required by the laws of the country where the order is received. All orders placed on lovee-aquabike.com are intended for the personal use of customers; customers or recipients of the products are strictly prohibited from reselling the products, either partially or in full. lovee-aquabike.com cannot be held responsible for any failure to pay taxes for which the customer is liable.
In mainland France, delivery will be carried out by TNT or GLS with tracked shipping.
Regardless of the place of delivery, it is carried out within the time slot agreed with the customer by direct handover of the product to the designated recipient, or, in case of absence, to another person authorised by the customer. If no recipient is present, the carrier and/or lovee-aquabike.com will make contact within 24 hours. The customer must check the condition of the products upon receipt. In case of damage, they must specify their reservations in detail on the delivery note. They must also inform lovee-aquabike.com by registered letter with acknowledgement of receipt of any damage due to transport within eight (8) days of receipt. No claim will be accepted if these procedures are not followed.
lovee-aquabike.com will, in any case, be released from its obligation to deliver in the event of:

Occurrence of a force majeure event such as war, riot, fire, strikes, accidents, or inability to obtain supplies,
Failure by the customer to fulfil any of their obligations (payment of the price, accuracy of information provided by the customer such as the delivery address, etc.)

7. Warranty

All technical items benefit from a minimum one-year contractual warranty from the manufacturer. Some are covered for 2 years, 5 years, or 20 years depending on the product (see the description of each item).
All returns must be preceded by prior agreement from lovee-aquabike.com and the assignment of a return number. Returns must be sent to:
LOVEE AQUABIKE at LDPI 5 Chem. de Malatrait, 38290 La Verpillière FRANCE
Without prior agreement, assignment of a return number, or in the event of shipment to any other address than lovee-aquabike.com, the goods will be returned to the customer with shipping costs due. Returned products must be accompanied by their original packaging.
In any case, the customer benefits from the legal warranty against hidden defects (Art.1626 et seq. of the Civil Code). Provided the buyer can prove the hidden defect, the seller is legally required to remedy all its consequences (Art.1641 et seq. of the Civil Code).
The following are excluded from any warranty:

Uses and maintenance not in accordance with the instructions provided with the product, as well as faults resulting from improper use or maintenance.
Damage resulting from handling errors, incorrect connections (whether made with original accessories or with other accessories substituted by the customer), improper or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes.
Spare parts or accessories whose replacement is due to normal wear and tear, or routine maintenance operations: bulbs, batteries, seals, etc.
Damage caused by external events (lightning, water damage, etc.).
Any interventions carried out on the device by anyone not authorised by the After-Sales Service, as well as any malfunctions or damage resulting from such intervention.

8. Limitation of liability

The information provided on the site, including photographs, product sheets, and prices, is for guidance only. lovee-aquabike.com strives to ensure the accuracy of the information presented on the site. Any errors that may have occurred are unintentional and are corrected as soon as possible. lovee-aquabike.com cannot be held liable for simple errors or omissions that may have remained despite all precautions taken in presenting the products. The same applies to any changes to products decided by the manufacturers.
In accordance with current regulations, lovee-aquabike.com cannot be held responsible for non-performance or improper performance of the contract attributable either to the consumer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

9. Withdrawal

In accordance with articles L.121-20 and following of the Consumer Code, the customer has 30 days from the delivery date to return the product in its original packaging for replacement or refund. Returns will only be accepted if the product has not been unpacked or used. Products sold in blister packs or with a warranty label must be returned in their original condition.
All returns must first be assigned a withdrawal number, which can be obtained by calling 04 82 53 76 16, and must be sent to the following address:
LOVEE AQUABIKE at LDPI
5 Chem. de Malatrait
38290 La Verpillière
FRANCE
Otherwise, the parcel will be refused. The refund will be processed within 5 days following the date on which the customer exercised their right of withdrawal (article L121-20-1 of the Consumer Code).

10. Legal information

Personal data relating to the customer is essential for processing and delivering orders, as well as for issuing invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the "Informatique et Libertés" law, the processing of personal data relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The client has (Article 34 of the law of 6 January 1978) the right to access, modify, rectify and delete data concerning them, which they may exercise with lovee-aquabike.com.

11. Data protection commitment

In accordance with the provisions of Law No. 98-536 of 1 July 1998, transposing Directive 96/9/EC of 11 March 1996 on the legal protection of databases into the Intellectual Property Code, lovee-aquabike.com is the producer and owner of all or part of the databases comprising this site. By accessing this site, the client acknowledges that the data it contains are legally protected and, in accordance with the provisions of the aforementioned law of 1 July 1998, in particular undertakes not to extract, reuse, store, reproduce, represent or retain, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases on the site accessed.

12. Applicable law

This contract is governed by French law.

13. Consumer mediation

In accordance with Article L.612-1 of the Consumer Code regarding “the mediation process for consumer disputes”, after contacting us and if you do not receive a satisfactory response, you have the option to use a free consumer mediation procedure with:

CM2C
49 rue de Ponthieu
75008 PARIS
France

Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

The consumer may also use the European online dispute resolution (ODR) platform available at the following address: https://ec.europa.eu/consumers/odr/

Standard withdrawal form

(To be completed and returned only if you wish to withdraw from the contract)

For the attention of:
GARDENPARTY GROUP SAS – Customer Service
7 rue des Platriers – 69009 Lyon – France
Email: happy@lovee-aquabike.com

I hereby notify you of my withdrawal from the contract for the sale of the goods / for the provision of the service below:

Ordered on () / received on (): ………………………………
Name of the consumer(s): ………………………………
Address of the consumer(s): ………………………………
Signature of the consumer(s) (only if this form is submitted on paper): ………………………………
Date: ………………………………

(*) Cross out the unnecessary mention.