Terms and Conditions of Sale

Preamble

Site ownership: the website lovee-aquabike.com is the exclusive property of GARDENPARTY GROUP SAS, including all associated rights. Any reproduction, in whole or in part, is prohibited without 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 and expressly accepted these general terms and conditions of sale prior to placing an order. These terms govern the contractual relationship between Gardenparty Group SAS and its customer. They take precedence over any other terms in any other document, except where otherwise expressly agreed in writing by Gardenparty Group SAS.

These general terms and conditions of sale may be amended at any time by lovee-aquabike.com, without prior notice. The applicable terms will be those in effect on the website at the time the order is confirmed.

2. Order

Automatic recording systems are considered valid 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 is considered final once lovee-aquabike.com has validated payment for the order, meaning the date of payment validation for online card payments, or the date of receipt for bank transfer or cheque payments. lovee-aquabike.com may refuse or cancel an order for legitimate reasons (e.g. suspected fraud, non-payment, obvious pricing error, unresolved stock shortage), after informing the customer and, where applicable, providing a full refund of any amounts paid. These provisions do not affect the consumer’s legal rights to cancel in the event of a breach by the seller.

3. Price and Payment

The price is stated in Euros, inclusive of 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 covers the cost of the products, handling, packaging and storage fees, as well as transport, insurance, and commissioning costs.

Payment is due in full on the day the order is confirmed. Delivery charges and any additional costs (e.g. for hard-to-access areas) are specified before you confirm your order. Applicable taxes and eco-contributions are detailed where relevant.

Payment can be made:

By credit card with the CB logo, online. E-transactions allows you to pay via Crédit Agricole's secure banking server. Your card number is sent directly to the bank's servers, and your payment is processed securely without passing through the shop's server, ensuring that your card details 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 centres refuse to authorise payment. 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. This procedure, which is not a guarantee against fraudulent card use and does not engage the responsibility of lovee-aquabike.com, may delay payment validation until the verification process is complete. It may also result in the cancellation of the order.

By cheque: Cheques should be made payable to GARDENPARTY GROUP SAS and sent to the following address:

Lovee Aquabike at GARDENPARTY GROUP SAS

7 rue des Platriers 69009 LYON FRANCE

Payments made cannot be considered as deposits.

4. Retention of title clause

By express agreement, and in accordance with articles L.216-1 et seq. and L.221-15 of the French Consumer Code, products ordered remain the property of GARDENPARTY GROUP SAS until full payment has been received from the customer. If the customer fails to fulfil their obligations, for any reason, GARDENPARTY GROUP SAS reserves the right to demand the immediate return of the products at the customer's expense, risk, and responsibility.

5. Product availability and shipping

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

Product availability: the "in stock" indication reflects the stock status at lovee-aquabike.com at the time of your order.
Availability period: the availability period corresponds to the time required for lovee-aquabike.com to restock the item.

In general, orders are processed after payment has been validated 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 times may vary between the date of the order and, as the case may be, the date of payment validation by credit card/Paypal or the date of receipt of the transfer or cheque. Availability times 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 14 days, in accordance with articles L.216-1 et seq. and L.221-15 of the French 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 their order with the new delivery timeframe, modify it, or cancel it. In the latter case, lovee-aquabike.com undertakes to refund the missing items without delay and no later than 14 days, in accordance with articles L.216-1 et seq. and L.221-15 of the French Consumer Code. Shipments to French overseas territories are subject to acceptance of the parcel in the aircraft hold.

6. Delivery

Orders are delivered by independent service providers, not by lovee-aquabike.com, and within the timeframes announced by these providers. These timeframes are typically 24-48 hours for GLS and 3-4 days for DB SCHENKER.

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 is responsible for paying all import taxes, 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 in part or in full. lovee-aquabike.com cannot be held liable for any failure by the customer to pay the taxes for which they are responsible.

In mainland France, delivery will be carried out by GLS or Schenker with a parcel tracking link.

Regardless of the delivery location, delivery will take place within the time slot agreed with the customer, either by handing the product directly to the named recipient or, in their absence, to another person authorised by the customer. If no recipient is available, 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 clearly state their reservations on the delivery note. Upon delivery, we invite you to check the parcel and, if necessary, make any reservations with the carrier. Not making reservations does not affect your legal rights under the two-year conformity guarantee. Please notify us of any defect within a reasonable period after discovery.

lovee-aquabike.com will, in any case, be released from its delivery obligation in the event of:

In the event of force majeure preventing delivery, either party may request termination of the contract; the customer will be refunded any amounts paid.

Failure by the customer to fulfil any of their obligations (payment, accuracy of information provided such as delivery address, etc.)

7. Warranty

In addition to legal guarantees (see “Legal Guarantees” section), certain products benefit from a commercial warranty from the manufacturer/GARDENPARTY GROUP SAS (duration specified on the product page). This commercial warranty is in addition to your legal rights and does not restrict them in any way.

All returns must be authorised in advance by lovee-aquabike.com and assigned a return number. Returns must be sent exclusively to:

LDPI Logistique for Lovee Aquabike 5 Chemin de Malatrait 38290 LA VERPILLIERE FRANCE

If there is no prior agreement, no return number assigned, or if the item is sent to any address other than that provided by lovee-aquabike.com, the goods will be returned to the customer at their own expense. To minimise risk, we recommend using suitable packaging (ideally the original packaging). The absence of original packaging does not affect your legal rights.

In any case, the customer benefits from the legal guarantee against hidden defects (Art. 1626 et seq. of the Civil Code). Provided the buyer proves 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 all warranties:

Use 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 incorrect handling, connection (whether with original accessories or others 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.
Damage caused by external events (lightning, water damage, etc.).
Any intervention on the device by a person not authorised by the After-Sales Service, as well as any malfunctions or damage resulting from such intervention.

Statutory guarantees (independent of any commercial warranty)

Legal guarantee of conformity (Consumer Code art. L.217-3 to L.217-32): – You have two years from delivery of the product to exercise your legal guarantee of conformity if a defect appears. – During this period, you only need to prove the existence of the defect. – You are entitled to repair or replacement of the product within 30 days, free of charge and without major inconvenience. – If repaired, the guarantee is extended by 6 months; if you requested repair but the seller imposes replacement, the guarantee is renewed for 2 years from the date of replacement. – You may obtain a price reduction or cancellation of the contract in cases provided by law. – Any period during which the product is unusable suspends the remaining guarantee. Guarantee against hidden defects (Civil Code art. 1641 to 1649): you may act within 2 years from discovery of the defect to obtain a refund or price reduction.

8. Limitation of liability

We take the utmost care in publishing product information and descriptions (texts, photographs, prices). Despite our vigilance, minor errors may occur.
Any such variations do not affect the essential characteristics of the products.

In any case, nothing in these terms shall exclude or limit your statutory rights, nor our liability:

in the event of non-conformity or hidden defect of the product,
in the event of gross negligence or wilful misconduct on our part,
or in the event of bodily injury caused by a defective product.

9. Withdrawal

In accordance with Articles L.221-18 to L.221-28, you have a period of 14 days from receipt to exercise your right of withdrawal, without having to justify your decision.
To exercise this right: contact us (details below) or use the standard withdrawal form (see the end of the Terms and Conditions).
You must return the products within 14 days of notifying us of your withdrawal. Return shipping costs may remain at your expense, unless otherwise indicated.
You are only liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
We will refund all payments received, including standard delivery charges, no later than 14 days from your notification, and may withhold the refund until we have received the goods or proof of shipment. The refund will be made using the same payment method as the original transaction.
Exceptions: cases strictly provided for in Article L.221-28.

Return address:
Lovee Aquabike
7 rue des Plâtriers
69009 Lyon
FRANCE

10. Legal information

The personal information collected as part of your orders is necessary for their processing and follow-up, as well as for issuing invoices and warranties.

Your data is processed by GARDENPARTY GROUP SAS in accordance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 of 6 January 1978 as amended, relating to data processing, files, and freedoms.

You have the following rights regarding your personal data at any time:

the right of access,
the right to rectification,
the right to erasure,
the right to object to and restrict processing,
the right to data portability,
the right to define instructions regarding the fate of your data after your death.

You may exercise these rights by contacting us at the following address: happy@lovee-aquabike.com or by post at
GARDENPARTY GROUP SAS – 7 rue des Platriers, 69009 Lyon, France.

For more information on how your data is managed, you can consult our Privacy Policy available on the website.

You also have the right to lodge a complaint with the CNIL

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 into the French Intellectual Property Code regarding the legal protection of databases, 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 aforementioned law of 1 July 1998, undertakes not to extract, reuse, store, reproduce, represent, or retain, directly or indirectly, on any 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 French Consumer Code regarding “the consumer dispute mediation process”, after contacting us and if you are not satisfied with our response, you may 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 product / 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: ………………………………

(*) Delete as appropriate.