Preamble
These general terms and conditions of sale apply to all orders placed on the site https://www.humidistop-france.fr, operated by:
HUMIDISTOP FRANCE
57 Avenue Gambetta, 82000 Montauban, France
Email: humidistop@gmail.com
Telephone: 09.73.53.77.55
Products concerned: devices against humidity and limescale.
Any validation of an order constitutes acceptance of these CGV.
1. Mandatory technical recommendations – ATE (STOP ONE) / ATG (GEOSTOP) products
Installation
The devices must be installed in accordance with the technical instructions provided. Compliance with the instructions is essential to ensure the effectiveness of the treatment.
Stripping of walls
It is recommended to strip the base of the walls about 10 cm above the degradation fringe to allow the walls to breathe.
Ventilation
Good ventilation is essential:
1.5 cm of undercut under doors in dry rooms
2 cm in damp rooms
Ventilation compliant with the standards in force
Restoration of walls
Once the walls are dry, the hygroscopic salts must be brushed, then the coatings must be redone with lime and an anti-salt additive.
Drainage
In the event of lateral infiltration, drainage is recommended to evacuate groundwater before it reaches the foundations.
2. Responsibilities and warranties
Important information – To be read carefully
The drying speed of the walls depends on several factors:
the thickness of the wall,
its composition,
the coating applied,
and the strict compliance with the technical recommendations provided by Humidistop France.
The customer acknowledges that strict adherence to the recommendations is mandatory to guarantee the effectiveness of the products.
Any non-compliance may result in the loss of warranty.
Our products are sold with a no-guarantee-of-result clause: although we offer high-quality devices, results may vary depending on environmental conditions and the proper use of the device.
In the event of incorrect installation or use, responsibility lies entirely with the customer.
3. Limits of the process
This process does not treat:
lateral or vertical infiltrations
floods
mould already present
These situations must be handled separately.
4. Refund policy
In accordance with the law, the customer has a withdrawal period of 14 days after receipt.
During this period:
Return is accepted without justification
The product must be returned in good condition
Beyond this period:
No refund will be possible.
5. General recommendations
To ensure optimal use, it is recommended:
to read the technical instructions carefully
to scrupulously follow the recommendations
to contact our customer service in case of doubt
Customer contact: humidistop@gmail.com – 09.73.53.77.55
Article 1 – Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in store or by means of other distribution and marketing channels.
They are accessible on the HUMIDISTOP FRANCE website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector where the companies have their registered office in France.
These CGV come into force on the date of Validation of the Order, they have the duration necessary for the supply of the goods, until the extinction of the guarantees and obligations due by the Seller.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the HUMIDISTOP FRANCE website.
These conditions concern only purchases made on the HUMIDISTOP FRANCE site and delivered exclusively in mainland France or Corsica. For any delivery to the DOM-TOM or abroad, a message should be sent to the following e-mail address: humidistop@gmail.com.
These purchases concern the following products: Products against humidity.
Article 3 – Pre-contractual information
The buyer acknowledges having been provided, prior to placing the order and concluding the contract, in a readable and understandable manner, with these general terms and conditions of sale and with all the information listed in Article L. 221-5 of the Consumer Code.
The following information is transmitted to the buyer, in a clear and understandable manner:
the essential characteristics of the good;
the price of the good and/or the method of calculating the price;
where applicable, all additional costs of transport, delivery or postage and any other possible fees payable;
in the absence of immediate performance of the contract, the date or the period on which the seller undertakes to deliver the good, whatever its price;
information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility of placing his order online, from the online catalogue and by means of the form that appears therein, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking at the indicated place, these general conditions. He must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
after the seller sends the buyer confirmation of acceptance of the order by e-mail;
and after collection by the seller of the full price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the tracking of an order, the buyer can call the following telephone number: 09.73.53.77.55 (cost of a local call), on the following days and times: from Monday to Friday, from 9:30 a.m. to 5:30 p.m., or send an email to the seller at the following email address: humidistop@gmail.com.
Article 5 – Electronic signature
The online provision of the buyer’s bank card number and the final validation of the order will constitute proof of the buyer’s agreement:
payability of the sums due under the order form;
signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 09.73.53.77.55.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation, by electronic messaging.
Article 7 – Proof of the transaction
The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 – Information on products
The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller’s liability could not be engaged.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental ones, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the products.
Article 10 – Method of payment
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the means of payment made available by the seller and listed on the seller’s site. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following methods:
bank card
paypal
cheque
transfer
Payment of the price may be made according to a schedule, with an amount and payments staggered over a period determined between the seller and the buyer on a case-by-case basis, according to the following methods:
payment card
paypal
cheque
transfer
Article 11 – Availability of products – Refund – Termination
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limit of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France and Corsica, the period is 15 days from the day after the buyer placed his order, according to the following methods: Colissimo. At the latest, the period will be 30 working days after the conclusion of the contract.
For deliveries to the DOM-TOM or another country, the delivery methods will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or period, the buyer must, before breaking the contract, enjoin the seller to perform within an additional reasonable period.
In the absence of performance at the expiration of this new period, the buyer may freely break the contract.
The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
However, the buyer may immediately terminate the contract if the dates or periods seen above constitute an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
As part of our online transactions, we wish to remind our customers of certain important aspects concerning our products and our refund policy. Our commitment to transparency and respect for consumer rights is at the heart of our commercial approach.
It is crucial to emphasize that our products are sold with a no-guarantee-of-result clause. Although we do everything possible to provide high-quality products that meet your needs, it is important to recognize that results may vary depending on different factors, such as environmental conditions or incorrect use of the device.
In addition, we wish to remind our customers that the installation of our devices is their responsibility. We provide detailed instructions to facilitate the installation process, but it is the customer’s responsibility to ensure that the installation is carried out correctly and safely.
However, beyond this legal withdrawal period, we do not offer a refund for returned products. We remind our customers of the importance of carefully following our mandatory recommendations to optimize the use of our products and minimize the risk of dissatisfaction.
We encourage our customers to take note of the instructions for use and the technical recommendations provided with our products, as well as to contact our customer service in case of questions or concerns.
Article 12 – Terms of delivery
Delivery means the transfer to the consumer of the physical possession or control of the good. The products ordered are delivered according to the methods and the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and within the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged) on pain of forfeiture of his rights of complaint.
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery slip, damaged parcel, broken products…).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm by registered letter these reservations to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple letter to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions…).
Article 13 – Delivery errors
The buyer must submit to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality compared to the indications appearing on the order form. Any claim made beyond this period will be rejected.
The claim may be made, at the buyer’s choice:
by telephone at the following number: 09.73.53.77.55;
by e-mail to the following address: infos@humidistop.fr.
Any claim not made in accordance with the rules defined above and within the allotted time cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address:
HUMIDISTOP FRANCE
57 AVENUE GAMBETTA
82000 MONTAUBAN
Return costs are the responsibility of the seller.
Article 14 – Product warranties
14-1 Legal guarantee of conformity
The seller is liable for the conformity of the good sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
the buyer has a period of 2 years from the delivery of the good to act;
the buyer may choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-17 of the Consumer Code;
the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the good sold. It will be up to the buyer to prove that the defects existed at the sale of the good and are of a nature to render the good unfit for the use for which it is intended. This guarantee must be implemented within a period of two years from the discovery of the defect.
The buyer may choose between the termination of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Commercial guarantee
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request an exchange or a refund without penalty, with the exception of the return costs which remain at the buyer’s expense.
Returns must be made in their original condition and complete (packaging, accessories, instructions…) allowing them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal may be exercised online, by email at humidistop@gmail.com. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
Return costs are the responsibility of the buyer.
Exchange
The exchange of a product is possible within 15 days from receipt, subject to availability. The products must be returned in their original condition, under the conditions provided for in our CGV.
Refund
In accordance with the legislation in force, the refund will be made by cheque to the buyer’s address, within a maximum period of 14 days from receipt, by the seller, of the products returned under the conditions provided.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
for the supply of goods whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
for the supply of goods made to the consumer’s specifications or clearly personalized;
for the supply of goods likely to deteriorate or expire rapidly;
for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
for maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of the spare parts and work strictly necessary to respond to the emergency;
for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
for the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.
Article 16 – Fortuitous event or Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered causes of exoneration of the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration greater than three months, these general conditions may be terminated by the aggrieved party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, sole holder of the intellectual property rights on this content.
Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
Article 18 – Data processing and Liberties
The personal data provided by the buyer are necessary for the processing of his order and for the establishment of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the HUMIDISTOP FRANCE website has been the subject of a declaration to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the methods defined on the HUMIDISTOP FRANCE site.
Article 19 – Partial invalidation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 – Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general terms and conditions of sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 23 – Mediation and settlement of disputes
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any alternative mode of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is the commercial court (of Montauban or Toulouse). This applies to substantive rules as well as to formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
These general conditions are subject to the application of French law. The competent court is the judicial court.
This applies to substantive rules as well as to formal rules. In the event of a dispute or claim, the buyer will contact the seller as a priority to obtain an amicable solution.
Article 25 – Protection of personal data
Data collected
The personal data that are collected on this site are the following:
account opening: when creating the user’s account, his surname; first name; email address; telephone number; postal address;
connection: when the user connects to the website, it records, in particular, his surname, first name, connection data, usage data, location data and his data relating to payment;
profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
payment: within the framework of the payment of the products and services offered on the website, it records financial data relating to the user’s bank account or credit card;
communication: when the website is used to communicate with other members, the data concerning the user’s communications are subject to temporary storage;
cookies: cookies are used in the context of the use of the site. The user has the possibility of disabling cookies from his settings
Use of personal data
The personal data collected from users are intended to make available the services of the website, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
access and use of the website by the user;
management of the operation and optimization of the website;
organization of the conditions of use of the payment Services;
verification, identification and authentication of the data transmitted by the user;
proposal to the user of the possibility of communicating with other users of the website;
implementation of user assistance;
personalization of the services by displaying advertisements according to the user’s browsing history, according to his preferences;
prevention and detection of fraud, malwares (malicious softwares or malicious software) and management of security incidents;
management of any disputes with users;
sending commercial and advertising information, according to the user’s preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies, in the following cases:
when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has concluded contracts;
when the user publishes, in the free comment areas of the website, information accessible to the public;
when the user authorizes the website of a third party to access his data;
when the website uses the services of providers to provide user assistance, advertising and services of These providers have limited access to the user’s data, within the framework of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
if the law requires it, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;
if the website is involved in a merger, acquisition, asset transfer or judicial reorganization proceedings, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data are transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of users’ rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at the following address: humidistop@gmail.com.
the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
the right of rectification: if the personal data held by the website are inaccurate, they can request the updating of the information.
the right to erasure of data: users can request the deletion of their personal data, in accordance with the applicable laws on data protection.
the right to restriction of processing: users may request the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.
the right to object to the processing of data: users may object to their data being processed in accordance with the hypotheses provided for by the GDPR.
the right to portability: they can request that the website give them the personal data they have provided in order to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.
