General conditions of use and sale

Updated date: 03/04/2024

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 years, non-commercial and acting for their personal needs.

Before using the Site, it is recommended to 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.

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

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

Article 1. Account creation

Creating an account gives you the following possibilities:

Track your current orders and view your past purchases

Make a return request directly via your account, without having to communicate your request to us by telephone or e-mail

Place an order with ease, with all billing and delivery information saved

Subscribe to the Acquaverde newsletter to be informed of new arrivals, not miss any of our editorial content and be informed of upcoming sales

By creating their account, the Customer accepts our Data Protection Policy and declares that all the information provided is true and accurate.

How to create an account?

Visit www.acquaverde.com

Click on the “My Account” tab at the top right of your screen then on “Create an Account”

Enter your email address and click on “Validate”

A confirmation email will be sent to you. To confirm your information and continue your registration, click on the link in the body of the email.

Complete all mandatory fields, indicated by an asterisk.

Click on “Create my Account”

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 and password

Click “Continue”

Forgot your password :

Click on “Forgot your password?” » in the “I already have an account” section

Enter your email, validate and you will receive a password reset link in your email box

How do I change my password?

Log in to your account

Once identified, click in your account on “Account details”

Enter your old password then the new password, confirm it again and validate.

The Customer is informed that his username and password are personal and confidential and as such, he undertakes to keep his password secret and not to disclose it to a third party, for any reason whatsoever.

Article 2. Order

2.1. Ordering

The order process includes the following steps that the Customer is invited to follow by providing and verifying the information required for 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 checking its contents;
• Access by the Customer to his account by indicating his identifier and the associated password 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 required information during the process. It is also possible, if the customer wishes, to place their 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 Customer's final agreement is therefore materialized by the validation of his bank details, namely the bank card number, the expiration 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 constitutes your invoice and includes your order number and any other relevant information.

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

2.3. Order processing

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

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

2.4. Changing or canceling your order

You have the option to modify or cancel your order until it has been packaged and shipped.

To modify or cancel your order:

Please contact the customer service team. The latter is available and will happily help you make your changes before your order is shipped.

The team can be reached 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 accessible online at the following address:

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

2.5. Tracking your order

To find out 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 packaged and prepared for shipping.
• “Shipped”: We have packaged your order and assigned it a tracking number. You are now able to follow the journey of your package until its delivery.

2.6. Product Characteristics

In accordance with article L.111-1 of the Consumer Code, the Customer can, prior to ordering, read on the Site the essential characteristics of the Products he wishes to order presented in each of the product sheets.

2.7. Product availability

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 absence of availability of one or more Product(s) after placing the order, the Company undertakes to inform the Customer by email or telephone as soon as possible of the deadlines 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 abandons the purchase, the order for the product concerned will be automatically canceled 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 exclude delivery costs.

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

Delivery rates are calculated automatically at checkout.

The Company reserves the right to modify prices at any time, without however such modification being able to affect 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 follow the delivery steps.

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

Place of delivery

The Products are shipped to the delivery address provided by the Customer during the order 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. Initial shipping charges, if applicable, are non-refundable. Likewise, you will be charged new shipping costs.

Delivery rates are calculated automatically at checkout.

Article 4. Payment

4.1. Payment methods available

The Customer can make payment for his order using the following means:

• By 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 appearing on the back of the card) will be encrypted by our service provider, who transmits these payment data to the bank, in complete confidence. confidentiality and makes them inaccessible to a third party.

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

The Customer has the possibility, if he accepts it, to save his banking data on his account which remains encrypted and not accessible. In accordance with applicable regulations, the Company does not retain the cryptogram of the Customer's bank card in any way.

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 of deleting pre-registered bank cards in the “Payment Methods” section in his Account, or of adding other bank cards on the payment page during his purchase.

• PayPal

Possible for all orders.

Which will automatically be subject to the Paypal Service conditions of use as well as Paypal's privacy regulations.

• ShopPay

Possible for all orders.

Which will automatically be subject to the Shop Pay Terms of Use, as well as the Shop Pay 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 conditions 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 by copyright and by intellectual property. 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 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 give reasons. her decision.

If the last day falls on a Saturday, Sunday or public holiday, the deadline is extended until the first following 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 respected:

• The return must be made 14 days after receipt of the package – at the end of 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 adopt a careful approach with the item ordered in order to avoid any damage to it such as wearing jewelry which could tear it.
• Must be in its original packaging
• 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 clothing
• 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* concern underwear and care products.

Returns:

To initiate a return, please submit a return authorization request through your Acquaverde account. You also have the option to contact our customer service for assistance with the returns process (contact details for the Customer Service team are available in section 11).

Orders placed as a guest: If you placed an order as a guest, you must create an Acquaverde account to request and manage the return yourself. If you prefer not to create an account, you can also contact our customer service, who will happily help you return the product(s) in question.

France :

Returns are billed to customers, for an amount of 6.50 euros in France, Monaco and Andorra.

Please follow the following procedure to make a return request:

• Log in to your Acquaverde account and navigate to the “Orders” page.
• Request a return label.
• Pay the amount regarding the return.
• Your label and return instructions will be sent to the email address associated with your order.
• Print the label and follow the instructions carefully.

International Returns:

Customers not residing in France must assume the costs associated with returning packages and organize the return with their local post office.

Please follow the following procedure to obtain a return authorization:

• Log in to your Acquaverde account and navigate to the “Orders” page
• Request a return authorization
• A return authorization number and return instructions will be sent to the email address associated with your order.
• Follow the instructions and arrange the return with your post office

Please return international packages by standard shipping via the local carrier in your country/region. For added security, please insure all your packages and obtain a tracking number.

We are not responsible for loss or damage caused during return.

Trades :

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 carry out an exchange it must be carried out in 2 stages:

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

Refunds:

After quality control 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 your 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 can be found in section 11). , who will be happy to help you solve the problem.

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 Consumer Code). 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 as well as the criteria set out in article L. 217-5.

He is responsible for defects in 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 less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for lack of conformity of this digital content or this digital service which appears within two years from the delivery of the good;

2° When the contract provides for the continuous supply of digital content or a digital service for a period greater than two years, the seller is responsible for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided 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 also responds, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility 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 prescription of the consumer's action is the day the latter becomes aware of the lack of conformity. »

Article L. 271-4 of the Consumer Code:

“The property complies 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 supplied 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 usually expected of a good of the same type, taking into account, where applicable, any provision 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 has 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 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 labeling.

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 the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or

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

III.-The consumer cannot 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, deviation to which he has expressly and separately agreed upon upon conclusion of the contract. »

Article L. 217-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.

For second-hand goods, this period is set at twelve months.

When the sales contract for a good comprising digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:

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

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply 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 has the right to bring the goods 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 reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known 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 reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »

Article 1643 of the Civil Code:

“He is liable for hidden defects, even if he is 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 against hidden defects:

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

The Customer has the choice between two options:

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

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

9.3. Exclusion of guarantees

Excluded from guarantees are products modified, repaired or used by the Customer.

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

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 legal guarantees.

It is specified for all practical 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 non-compliant use or use. and/or unsuitable for the characteristics of the product.

Likewise, this article does not apply if the products have not been purchased on the Site, to the extent that the legal guarantees are owed by the Site from which the products were purchased.

These provisions do not exclude 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 Client with all necessary information on how their 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 can be reached Monday to Friday from 10 a.m. to 1 p.m. and 2 p.m. to 6 p.m. at:

• +33 1 49 15 95 21

You can contact us by email at:

• hello@acquaverde.com

Or via the form accessible 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 free recourse to a consumer mediator with a view to amicably resolving any dispute relating to these Conditions which cannot be resolved. resolved by the Company's Customer Service, entered 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 amicable settlement, disputes fall under the exclusive jurisdiction of the competent French courts, notwithstanding plurality of defendants and/or warranty claims, even for emergency procedures or precautionary proceedings in summary proceedings or by request.

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 of placing the order on the Site.