General Conditions of Use and Sale

Update date: 07/11/2024

The Acquaverde brand (hereinafter referred to as “the Company”) has an e-commerce website, accessible at the address www.acquaverde.com (hereinafter referred to as “the Site”).

This document governs the general conditions of use of the Site as well as the general conditions of sale (together referred to as the "Conditions") between the Company, and any natural person using the Site (hereinafter referred to as the "User") or making a purchase on the Site (hereinafter referred to as the "Customer"). The Conditions are exclusively applicable to any natural person aged at least 18, non-commercial and acting for their personal needs.

Before using the Site, it is recommended that you read these Conditions, as well as our Personal Data Protection Policy (hereinafter referred to as the “Data Protection Policy”) accessible in Article 10– of these Conditions.

Use of the Site or placing an order on it constitutes acceptance of these Conditions.

The Company offers for sale ready-to-wear and accessory items (“the Products”).

Article 1. Account Creation

By purchasing on Acquaverde.com or creating an account on the site, the Customer accepts our Data Protection Policy and declares that all information provided is true and accurate.

How do I log in to my account?

• Visit www.acquaverde.com
• Click on the “my account” tab at the top right of your screen
• Fill in your email address
• Enter the code you will receive by email
• Click “Continue”

Article 2. Order

2.1. Placing an order

The ordering process includes the following steps which the Customer is invited to follow by providing and verifying the information required in each of them:

• Addition by the Customer of the selected Product(s) to their basket, access to the basket being possible at any time for modification or validation;
• Validation of the basket after verification of its contents;
• Access by the Customer to his account, in order to confirm, modify or complete the contact details necessary for delivery; in the event that the Customer does not already have an account on the Site: creation of his customer account by filling in the information required during the process. It is also possible, if the customer wishes, to place his order as a guest, without creating an account.
• Choice of delivery method
• Choice of payment method and express acceptance of the Site Conditions by means of a corresponding checkbox;
• Redirection of the Customer to the secure online payment site for payment validation.

The Client's final agreement is therefore materialized by the validation of their banking details, namely the bank card number, the expiry date and the cryptogram.

2.2. Order confirmation

Once you have placed your order, an order confirmation will be sent to the email address you provided at checkout. The order confirmation is your invoice and includes your order number and any other relevant information. You can, however, download your invoice from your customer area.

If you have received your order confirmation and are concerned about something, please do not hesitate to contact us. We will be happy to help you make your changes.

2.3. Order processing

Once your order is placed, please allow a standard processing time of up to 2 business days before shipping.

Orders placed after 1pm may be processed the next business day and orders placed on weekends and holidays are processed the next business day.

2.4. Modification or cancellation of your order

You have the option to modify or cancel your order as long as it has not been packed and shipped.

To modify or cancel your order:

Please contact our Customer Service team who are available and will be happy to assist you with your changes before your order is shipped.

The team can be reached from Monday to Friday from 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. by telephone:

• +33 1 49 15 95 21

By email:

• hello@acquaverde.com

Or via the form available online at the following address:

• https://acquaverde.com/pages/contact

2.5. Tracking your order

To know the status of an order:

• Log in to your Acquaverde account
• Click on the “Orders” tab
• The “Status” column indicates the status of your order: “Received”, “Processing” or “Shipped”
• Please note that your order status will be updated as it is processed.

Below is the definition of each step:

• “Received”: Your order has been taken into account and will be processed soon.
• “Processing”: The payment method you used has been approved. Your order will soon be packed and prepared for shipment.
• “Shipped”: We have packaged your order and assigned it a tracking number. You are now able to track your package until it is delivered.

2.6. Product characteristics

In accordance with Article L.111-1 of the Consumer Code, the Customer may, prior to placing an order, view on the Site the essential characteristics of the Products that he wishes to order presented in each of the product sheets.

2.7. Availability of products

The order constitutes acceptance of the prices and description of the Products available for sale. The Company undertakes to honor orders for Products within the limits of available stocks.

In the event of the unavailability of one or more Products after the order has been placed, the Company undertakes to inform the Customer by email or telephone as soon as possible of the timeframe within which the Product will be available again or, where applicable, of its unavailability. In the event of unavailability of Products or if the Customer cancels the purchase, the order for the product concerned will be automatically cancelled and the corresponding amount will be refunded using the same means of payment as that used for the order.

2.8. Price and currency

Prices on the Site are originally expressed in euros and can be displayed in other local currencies by selecting from the menu at the top right. These prices include the VAT applicable on the day of the order but are exclusive of delivery costs.

For international orders where customs fees are required, prices include these taxes.

Shipping rates are calculated automatically at checkout.

The Company reserves the right to modify prices at any time, without such modification affecting an order which has already been validated.

Article 3. Shipments

Tracking information

After your order has been shipped, you will receive information by email allowing you to track the delivery stages.

To obtain details and tracking of your order, you are also invited to go to the “Orders” section of your account.

Delivery location

The Products are shipped to the delivery address provided by the Customer during the ordering process.

The Customer is informed that the Company cannot be held responsible for the impossibility of delivering the order in the event of incorrect information when the Customer enters their delivery details.

Packages returned to sender

If your package is not delivered to you and is returned to Acquaverde, we will contact you to offer you the option of reshipping your merchandise. The initial shipping costs, if any, are not refundable. Likewise, you will be charged a new shipping fee.

Shipping rates are calculated automatically at checkout.

Article 4. Payment

4.1. Available payment methods

The Customer can pay for his order using the following methods:

• By the following bank cards: Visa, Mastercard, American Express

Transactions carried out on the Site are entrusted to a secure online payment platform.

The payment data of the Customer's bank card (namely: card number, expiry date and visual cryptogram on the back of the card) will be encrypted by our service provider, which transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.

By clicking on “Authorize payment”, the Customer confirms that the credit card belongs to him.

The Customer has the option, if he accepts, to save his bank details on his account, which remain encrypted and inaccessible. In accordance with the applicable regulations, the Company does not store the cryptogram of the Customer's bank card.

Each time one of the pre-registered cards is used, the Customer must re-enter their account password and complete the cryptogram. The pre-registered card will only be offered if the same delivery address is used by the Customer for any subsequent order. The Customer has the option to delete pre-registered bank cards in the "Payment Methods" section of their Account, or to add other bank cards on the payment page when making a purchase.

• PayPal

Possible for all orders.

Which will automatically be subject to the Paypal Service Terms of Use as well as Paypal's Privacy Policy.

• Shop Pay

Possible for all orders.

Which will automatically be subject to Shop Pay's Terms of Use, as well as Shop Pay's Privacy Policy.

• Payment in 2, 3 or 4 installments free of charge with Alma*

Possible for all orders ranging from €150 to €2,000.

Which will automatically be subject to the Alma service terms of use.

*Available in Spain, Germany, Italy, Belgium and France.

Article 5. Reservation of ownership

The Company retains ownership of the Products until full payment of the order, i.e. receipt by the Company of the full price and associated costs.

Article 6. Copyright and Intellectual Property

All texts, comments, photos, brands, illustrations and images reproduced on the Site are protected both under copyright and intellectual property law. These elements are and remain the exclusive property of the Company or the holder of the intellectual property rights concerned.

Any total or partial reproduction of the Site or of any of its elements, on any medium whatsoever and for any reason whatsoever, is strictly prohibited.

Article 7. Right of withdrawal

Withdrawal period

In accordance with article L 221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from the date of receipt of his order to exercise his right of withdrawal, without having to justify his decision.

If the last day falls on a Saturday, Sunday or public holiday, the deadline is extended until the next working day.

The Customer exercises his right of withdrawal in accordance with the details indicated in article 8 of these Conditions.

Article 8. Return, exchange and refund

To make a return the following conditions must be met:

• The return must be made within 14 days of receipt of the package – after this period you will no longer be able to return the items.
• The item must be in its original condition, therefore unused and unaltered, must not have been washed. The Customer therefore undertakes to take careful care of the item ordered in order to avoid any damage to it, such as wearing jewelry that could tear it.
• Must be in its original packaging and wrapping
• Please note that items purchased on final sale* cannot be returned.
• We are not responsible for loss or damage caused during return.
• All original tags must still be attached to the garments
• No trace, stain or any other mark of use which would make the product unfit for sale must be found on the item.

Final sales* are for underwear and personal care products.

Returns:

Returns to France:

Returns for France are charged 6.50 euros. This amount will be deducted from your refund.

To make a return:

1. Download your return label from your customer area.
   To log in to your customer area, go to our website and look for the "account" button at the top right of the page. Enter your email address and we will send you a login code. You will then be able to find your orders and download a return label for the order in question.

2. Close your package and stick the indicated part of the return label on your shipment.
   
   
3. Drop off your package at the post office.
   
   
4. Keep your proof of deposit - No action can be taken in case of loss without proof of deposit -.

International Returns:

Customers who are not residents of France are responsible for the cost of returning packages and arranging the return with their local post office.

To make a return:

1. Please confirm that all return conditions are met.

2. Request a return authorization in your customer area.
   To log in to your customer area, go to our website and look for the "account" button at the top right of the page. Enter your email address and we will send you a login code. You will then be able to make your return request for the order in question.

3. Arrange the return with your post office.
   Send the package to the following address 100 Avenue du General Leclerc, Lot 14 WALCOTT. 93500, Pantin, France. Additional information to add to your shipment: Telephone: +33 1 49 15 95 21. Email: hello@acquaverde.com.

4. Please return international packages by standard mail via your country/region's local carrier. For added security, please insure all packages, obtain a tracking number, and retain your proof of postage.
   We are not responsible for any loss or damage occurring during return.

For assistance, you can contact us directly using the contact details provided in Article 11 of these General Terms and Conditions of Sale.

Exchanges:

Acquaverde does not offer direct exchanges. Please return the affected merchandise for a full refund and then order the product(s) of your choice as soon as possible.

To make an exchange, this must be done in two stages:

• Follow the return procedure above
• Then place a new order with the desired product.

Refunds:

After a quality check and approval of the returned merchandise, Acquaverde will issue a refund to your original payment method and send you a confirmation email. Please note that the refund may take up to 14 business days to process.

Please note that shipping costs will not be refunded.

Damaged or defective items:

If you believe an item is faulty or damaged, please contact our Customer Service Team (contact details are in section 11) who will be happy to help you sort out the issue.

Article 9. Guarantees

9.1. Legal guarantees

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-3 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code).

The Customer wishes to implement these guarantees and undertakes to do so in accordance with the legal and regulatory provisions applicable to the guarantee in question and according to the terms described in article 9.2.

9.2. Reminder of guarantees

9.2.1. Reminder of the provisions relating to the legal guarantee of conformity

Article L. 271-3 of the Consumer Code:

“The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5.

It is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same time periods, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

Article L. 271-4 of the Consumer Code:

“The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L. 217-5 of the Consumer Code:

“I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of conclusion of the contract, the public statements had been rectified in conditions comparable to the initial statements; or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article L. 217-7 of the Consumer Code:

“Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect alleged.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period in which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

Article L. 217-7 of the Consumer Code

Formatting the legal guarantee of conformity:

The Customer has a period of 2 years from delivery of the Product to implement the legal guarantee of conformity.

In the event of a lack of conformity, the Customer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract.

The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

9.2.2. Reminder of the provisions relating to the guarantee of hidden defects

Article 1640 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1641 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1643 of the Civil Code:

"He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee."

Implementation of the guarantee of hidden defects:

The Customer has a period of 2 years from the discovery of the defect to implement the legal guarantee of hidden defects with the seller.

The Customer has the choice between two options:

• Keep the product and ask for a price reduction
• Return the product and request a refund of the price paid.

If the Customer provides proof that the seller was aware of the defect, he may request additional compensation.

9.3. Exclusion of warranties

Products modified, repaired or used by the Customer are excluded from the guarantee.

The warranty will not cover Products damaged during transport or due to improper use.

If the Products returned by the Customer do not correspond to the products ordered or are not in their original condition, the Site will not be bound by the legal guarantees.

It is specified for all useful purposes that the legal guarantees do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault of the Customer resulting from use or use that is not compliant and/or unsuitable for the characteristics of the product.

Similarly, this article does not apply if the products were not purchased on the Site, to the extent that the legal guarantees are due by the Site from which the products were purchased.

These provisions are not exclusive of the right of withdrawal enjoyed by the Customer as defined in article 7 of these Conditions.

Article 10. Data protection policy

The Company undertakes to be as open and transparent as possible and to provide the Customer with all necessary information on how his Personal Data (as this term is defined in our Data Protection Policy) is collected, used and protected when using the Site and when placing an order.

For more information, we invite you to read our Data Protection Policy accessible via the following link: https://acquaverde.com/pages/politique-de-confidentialite

Article 11. Customer Service

Please call us to receive immediate answers to all your questions regarding orders and delivery, we are available Monday to Friday from 10am to 1pm and 2pm to 6pm at:

• +33 1 49 15 95 21

You can contact us by email at:

• hello@acquaverde.com

Or via the form available online at the following address:

• https://acquaverde.com/pages/contact

Article 12. Mediation

In accordance with Article L. 612-1 of the Consumer Code, the Customer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute relating to these Conditions which could not be resolved by the Company's Customer Service, notified in writing by the Customer at the contact details indicated in Article 11 of these Conditions.

Article 13. Applicable law and competent jurisdiction

These Conditions are subject to French law. In the absence of an amicable settlement, disputes shall be under the exclusive jurisdiction of the competent French courts, notwithstanding multiple defendants and/or third-party claims, even for emergency procedures or interim relief proceedings by summary proceedings or by petition.

Article 14 – Modification of the Conditions

The Company reserves the right to modify these Conditions at any time.

The User or Customer will be informed of any new updates to these Conditions in order to accept them.

The Conditions applicable to the User or the Customer are those in force at the time of use of the Site or placing of the order on the Site.