General Terms and Conditions of Sale for Consumers and Professionals
Preamble
These general terms and conditions of sale apply to all orders placed on the website 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
SIRET: 539 926 238 00103
Products concerned: devices against humidity and limescale.
Any validation of an order constitutes acceptance of these General Terms and Conditions of Sale.
Mandatory technical recommendations – ATE / ATG products
Installation
The devices must be installed in accordance with the technical instructions provided by HUMIDISTOP FRANCE. Compliance with the installation instructions is necessary for the proper operation of the devices and for the optimisation of the expected results.
The customer acknowledges having been informed that the effectiveness of the device depends in particular on the correct choice of model, its location, the configuration of the building, the actual origin of the humidity and compliance with the technical recommendations.
Stripping of walls
It is recommended to strip the base of the walls approximately 10 cm above the damaged area in order to allow better evaporation of residual moisture and promote the breathability of the surfaces.
This recommendation may be important when the walls are covered with blocking materials, unsuitable coatings, waterproof paints or coverings that prevent natural evaporation.
Ventilation
Suitable ventilation is necessary to promote the evacuation of ambient humidity and support the gradual drying of the walls.
It is recommended in particular to provide:
1.5 cm of clearance under doors in dry rooms;
2 cm of clearance under doors in damp rooms;
ventilation compliant with current standards and adapted to the configuration of the dwelling.
Insufficient ventilation may slow down the results and promote the persistence of excessive ambient humidity, independently of the operation of the installed device.
Restoration of walls
Once the walls are sufficiently dry, it is recommended to brush off any hygroscopic salts present, then redo the plaster or coating with suitable materials, in particular lime-based materials and, if necessary, with an anti-salt additive.
Finishing work carried out too early, on a surface that is still damp or loaded with salts, may lead to aesthetic or technical deterioration, without necessarily calling into question the operation of the device.
Drainage
In the event of lateral infiltration, external water pressure, waterproofing defects or the arrival of groundwater, drainage or an appropriate treatment may be necessary in order to evacuate the water before it reaches the foundations or buried walls.
ATE / ATG devices are not intended to treat infiltrations, flooding, direct water ingress or structural waterproofing defects.
Responsibilities and warranties related to technical recommendations
Important information – Please read carefully
The drying speed of the walls and the results observed may vary depending on several factors, including:
the thickness of the wall;
its composition;
its age;
the initial humidity level;
the actual origin of the humidity;
the coating applied;
the ventilation of the dwelling;
the possible presence of infiltrations;
and compliance with the technical recommendations provided by HUMIDISTOP FRANCE.
The customer acknowledges that strict compliance with the technical recommendations is necessary for the proper operation of the device and for the optimisation of the results.
Failure to comply with the instructions, installation guidelines or technical recommendations may limit the effectiveness of the product and may be taken into account when analysing any claim.
In the event of incorrect installation, improper use, incorrect choice of location, modification of the product, impact, deterioration or clear failure to comply with the technical recommendations, the commercial warranty may be excluded or limited, without prejudice to the legal warranties applicable to the consumer.
HUMIDISTOP FRANCE products are sold without any guarantee of results regarding the complete drying of walls or the overall treatment of humidity in the building. Results depend on many factors specific to the dwelling, its environment and the actual origin of the humidity.
This absence of a guarantee of results does not affect the legal warranties applicable to the product, in particular the legal guarantee of conformity and the warranty against hidden defects, where applicable.
Limits of the process
ATE / ATG devices are intended to assist in the treatment of humidity problems linked to rising damp, within the limits of their field of application and subject to compliance with the technical recommendations.
This process does not treat:
lateral or vertical infiltrations;
direct water ingress;
flooding;
waterproofing defects;
pipe leaks;
condensation problems linked to insufficient ventilation;
mould already present;
existing deterioration of plaster, paint or wall coverings.
These situations must be dealt with separately through works, treatments or interventions adapted to their origin.
The installation of an ATE / ATG device does not exempt the customer from identifying and treating other possible causes of humidity where they exist.
General recommendations
To ensure optimal use of the device, it is recommended:
to carefully read the technical instructions before installation;
to choose a model suited to the configuration of the building;
to install the device in the recommended location;
to carefully follow the recommendations provided;
to check that the dwelling has sufficient ventilation;
to treat infiltrations, leaks, waterproofing defects or condensation problems separately where they exist;
to contact HUMIDISTOP FRANCE customer service in case of doubt regarding the choice of model, location or conditions of use.
Failure to comply with these recommendations may reduce the expected effectiveness of the device and may be taken into account when analysing any claim, without prejudice to the legal warranties applicable to the consumer.
Customer contact: humidistop@gmail.com – 09.73.53.77.55
Article 1 – Principles
These general terms and conditions express the entirety of the obligations of the parties. In this respect, the buyer is deemed to accept them without reservation upon validation of the order.
These general terms and conditions of sale apply to the exclusion of any other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the HUMIDISTOP FRANCE website and shall prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship.
The seller reserves the right to modify its general terms and conditions from time to time. The applicable General Terms and Conditions of Sale are those in force on the date the order is validated by the buyer. Subsequent modifications do not apply to orders already validated, unless expressly agreed by the parties or required by mandatory legal provisions.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with their registered office in France.
These General Terms and Conditions of Sale come into force on the date of validation of the order and remain in force for the duration necessary for the supply of the goods, until the expiry of the warranties and obligations owed by the seller.
Article 2 – Content
The purpose of these general terms and 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 through the HUMIDISTOP FRANCE website.
These conditions apply to purchases made on the HUMIDISTOP FRANCE website and delivered to the areas offered when placing the order. For any delivery to French overseas territories or abroad, the delivery terms may be specified on a case-by-case basis by HUMIDISTOP FRANCE.
These purchases concern the following products: products against humidity and limescale.
Article 3 – Pre-contractual information
The buyer acknowledges having received, prior to placing the order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in Article L.221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
the essential characteristics of the goods;
the price of the goods and/or the method for calculating the price;
where applicable, all additional transport, delivery or postage costs and any other possible charges payable;
in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of their price;
information relating to the identity of the seller, its postal, telephone and electronic contact details, its activities, legal warranties, and the existence and implementation methods of warranties and other contractual conditions.
Article 4 – The order
The buyer may place an order online from the online catalogue and using the form provided, for any product, subject to stock availability.
The buyer will be informed of any unavailability of the product or goods ordered.
For the order to be validated, the buyer must accept these general terms and conditions by clicking in the indicated place. The buyer must also choose the delivery address, the proposed delivery method and validate the payment method.
The sale shall be considered final:
after the seller has sent the buyer confirmation of acceptance of the order by email;
and after the seller has received payment of the full price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point shall be dealt with within the framework of the legal warranties, the right of withdrawal where applicable, or the provisions set out in these General Terms and Conditions of Sale.
In certain cases, in particular non-payment, incorrect address or any other issue relating to the buyer’s account, the seller reserves the right to block the order until the issue is resolved.
For any question relating to order tracking, the buyer may call the following telephone number: 09.73.53.77.55, on the following days and times: Monday to Friday, from 9:30 a.m. to 5:30 p.m., or send an email to the seller at the following address: humidistop@gmail.com.
Article 5 – Electronic signature
The online provision of the buyer’s bank card number and final validation of the order shall constitute proof of the buyer’s agreement:
the sums due under the order become payable;
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 such use is detected, 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 email.
Article 7 – Proof of the transaction
Computerised records, kept in the seller’s computer systems under reasonable security conditions, shall be considered 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 may be produced as evidence.
Article 8 – Product information
The products governed by these general terms and conditions are those appearing on the seller’s website and indicated as sold and shipped by the seller. They are offered subject to stock availability.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, they may be corrected by HUMIDISTOP FRANCE as soon as possible.
Product photographs are not contractual.
Information relating to performance, expected results or conditions of use of the products must be assessed in light of the instructions, technical recommendations, limits of the process and conditions specific to the building concerned, without prejudice to the applicable legal warranties.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition where applicable and indicated before validation of the order.
Prices include the VAT applicable on the day of the order. Any change in the applicable VAT rate shall automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental taxes, 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 the order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller’s website.
The buyer guarantees the seller that they have the authorisations that may be necessary to use the chosen payment method when validating the order.
The seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorisation by bank card by officially accredited organisations, rejected payment, non-payment or suspected fraud.
The seller also reserves the right to refuse to make a delivery or honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
Payment of the price is made in full on the day of the order, according to the methods offered on the website, in particular:
bank card;
PayPal;
cheque;
bank transfer.
When payment in instalments is offered and expressly accepted by HUMIDISTOP FRANCE, it may be made according to a schedule defined between the seller and the buyer on a case-by-case basis.
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 website, shipping times are indicated to the customer when placing the order, subject to stock availability.
Shipping times run from the final validation of the order and the effective receipt of payment.
For deliveries in mainland France and Corsica, the usual delivery time is 15 days from the day following validation of the order, according to the delivery methods offered at the time of purchase. In any event, unless a specific time limit is accepted by the buyer, delivery shall take place no later than 30 days after conclusion of the contract.
For deliveries to French overseas territories or abroad, the delivery methods and times may be specified to the buyer on a case-by-case basis, depending on the destination, the available carrier and any customs constraints.
In the event of non-compliance with the announced delivery date or time limit, the consumer buyer may request that HUMIDISTOP FRANCE make the delivery within an additional reasonable period.
If delivery is not made within this additional period, the consumer buyer may terminate the contract in writing, in particular by email or post, unless HUMIDISTOP FRANCE has performed in the meantime.
The consumer buyer may, however, terminate the contract immediately when the delivery time was an essential condition of the purchase, expressly brought to the attention of HUMIDISTOP FRANCE before the order, or when HUMIDISTOP FRANCE refuses to deliver the product.
In the event of valid termination of the contract for failure to deliver under the conditions provided by law, HUMIDISTOP FRANCE shall refund the consumer buyer all sums paid, no later than 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. The buyer may then, at their choice, accept an additional period, accept an equivalent product proposed by HUMIDISTOP FRANCE, or request cancellation of the order and reimbursement of the sums paid.
As part of our online transactions, HUMIDISTOP FRANCE reminds customers that its products are technical devices intended to assist in the treatment of certain humidity problems, according to the conditions of use, installation and implementation set out in the instructions and technical recommendations.
The products are sold without any guarantee of results regarding the drying of walls or the overall treatment of humidity in the building. Results may vary depending on many factors independent of the product, in particular the actual origin of the humidity, the thickness and composition of the walls, existing coverings, ventilation, the existence of lateral or vertical infiltrations, the general condition of the building and compliance with the technical recommendations provided by HUMIDISTOP FRANCE.
The buyer acknowledges that the installation and use of the devices are their responsibility, except in the case of an intervention expressly provided for and carried out by HUMIDISTOP FRANCE or by a professional appointed by it. Failure to comply with the instructions, installation guidelines or technical recommendations may limit the effectiveness of the product and may be taken into account when analysing any claim.
This no-guarantee-of-result clause does not prevent the application of the legal warranties, in particular the legal guarantee of conformity and the warranty against hidden defects, where applicable.
Beyond the legal withdrawal period provided for in Article 15 of these General Terms and Conditions of Sale, no refund shall be granted for mere dissatisfaction linked to the expected result, except where a legal warranty applies, in the event of an error attributable to HUMIDISTOP FRANCE, or with the express commercial agreement of the company.
HUMIDISTOP FRANCE invites the buyer to carefully read the instructions, technical recommendations and limits of use of the products before any installation, and to contact customer service in case of doubt regarding the choice of model, installation or conditions of use.
Article 12 – Terms of delivery
Delivery means the transfer to the buyer of the physical possession or control of the goods.
The products ordered are delivered to the address indicated by the buyer when placing the order. The buyer must ensure the accuracy and completeness of the information provided. In the event of an incorrect, incomplete address or an address preventing proper delivery of the parcel, reshipping costs may be charged to the buyer.
In the event of absence at the time of delivery, the carrier may leave a delivery notice or make the parcel available according to its own delivery terms.
Upon receipt of the parcel, the buyer is invited to check the apparent condition of the packaging and the product. In the event of a damaged, opened, torn, wet parcel or one showing a visible anomaly, the buyer is strongly advised:
to refuse the parcel if the damage appears significant;
or to make precise and detailed reservations with the carrier;
to take photographs of the parcel and the product;
to keep the original packaging;
to inform HUMIDISTOP FRANCE as soon as possible by email at humidistop@gmail.com.
This verification facilitates the handling of a claim with the carrier and customer service. The absence of reservations at the time of delivery does not deprive the consumer buyer of their legal rights, in particular under the legal guarantee of conformity, where applicable.
When the buyer is a professional acting for the purposes of their business activity, any apparent anomaly linked to transport must be reported to HUMIDISTOP FRANCE within a reasonable period and, as far as possible, within 3 working days of receipt, with any useful evidence enabling the condition of the parcel and product to be established.
Any product return must be subject to a prior request to HUMIDISTOP FRANCE. The product must be returned complete, with its accessories, instructions and, as far as possible, in its original packaging or in suitable packaging guaranteeing its protection during transport.
Article 13 – Delivery errors
In the event of a delivery error, missing product, product received different from the one ordered or apparent non-conformity, the buyer must contact HUMIDISTOP FRANCE as soon as possible to allow the request to be processed quickly.
The claim may be sent:
by telephone at 09.73.53.77.55;
by email to the following address: humidistop@gmail.com.
In order to allow the request to be analysed, the buyer must provide the following information:
the order number;
a precise description of the error or anomaly observed;
photographs of the parcel, the shipping label, the product received and its packaging;
any useful document enabling the claim to be verified.
After examining the request, HUMIDISTOP FRANCE will inform the buyer of the procedure to follow. In the event of a delivery error attributable to HUMIDISTOP FRANCE or a product not conforming to the order, the product concerned may be exchanged, replaced or refunded in accordance with the applicable legal provisions.
No return may be made without the prior agreement of HUMIDISTOP FRANCE. The product must be returned complete, with its accessories, instructions and, as far as possible, in its original packaging or in packaging providing sufficient protection.
When the delivery error or non-conformity is attributable to HUMIDISTOP FRANCE, return costs will be borne by the seller according to the terms communicated to the customer.
For professional buyers acting for the purposes of their business activity, claims relating to a delivery error or apparent non-conformity must be made within a reasonable period from receipt of the product. A late claim may be refused when it no longer enables the origin, reality or extent of the reported error to be verified.
These provisions do not prevent the legal rights enjoyed by the consumer buyer, in particular under the legal guarantee of conformity and the warranty against hidden defects where applicable.
Article 14 – Product warranties
14-1 Legal guarantee of conformity
When the buyer acts as a consumer, the seller is bound by the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code.
As such, the consumer buyer has a period of two years from delivery of the goods to act in the event of a product non-conformity.
In the event of proven non-conformity, the consumer buyer may request that the goods be brought into conformity by repair or replacement, according to the conditions provided for by the French Consumer Code. Failing possible conformity or in the cases provided for by law, the consumer buyer may request a price reduction or termination of the sale.
The legal guarantee of conformity concerns the conformity of the product sold. It does not constitute a guarantee of results regarding the drying of walls, which depends in particular on the nature of the building, the actual origin of the humidity, the thickness of the walls, the coverings present, ventilation, the possible presence of infiltrations and compliance with the technical recommendations provided.
The legal guarantee of conformity does not cover defects resulting from incorrect installation, improper use, modification of the product, impact, voluntary or accidental deterioration, or failure to comply with the instructions and technical recommendations, unless otherwise provided by law.
14-2 Legal warranty against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is bound by the warranty against hidden defects that may affect the goods sold, when the defect renders the product unfit for its intended use or diminishes its use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of it.
It is for the buyer to prove the existence of the hidden defect, its prior existence at the time of sale and its impact on the use of the product. The action resulting from hidden defects must be brought within two years from the discovery of the defect.
The buyer may choose between termination of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
14-3 Commercial warranty
When the product benefits from a commercial warranty indicated on its product page, it applies under the conditions specified at the time of sale.
The commercial warranty covers only product operating defects in the context of normal use and in compliance with the instructions provided. It does not cover damage related to incorrect installation, misuse, impact, fall, unauthorised intervention, modification of the product, lack of maintenance when required, or failure to comply with the technical recommendations.
The commercial warranty does not constitute a guarantee of results regarding the treatment of humidity, as results depend on many factors specific to the building and its environment.
Any commercial warranties granted apply without prejudice to the legal warranties enjoyed by the consumer buyer.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the consumer buyer has a period of 14 days from the date of receipt of the order to notify HUMIDISTOP FRANCE of their wish to withdraw, without having to give reasons for the decision.
The right of withdrawal may be exercised by email at the following address: humidistop@gmail.com, or by any other written statement clearly and unambiguously expressing the wish to withdraw.
The mere return of the product, without a clear prior declaration of withdrawal, is not sufficient to validly exercise the right of withdrawal.
Return of the product
After notification of withdrawal, the consumer buyer must return the product to HUMIDISTOP FRANCE within 14 days from sending the withdrawal request.
The direct return costs remain borne by the buyer, except in the event of an error attributable to HUMIDISTOP FRANCE or express agreement to the contrary.
Returns must be made in the original condition of the product, with all accessories, instructions, documents and items provided at the time of delivery, accompanied by the purchase invoice or order number.
The product must be returned clean, complete and properly protected. The buyer is responsible for packaging the product during return transport. When the original packaging is no longer available, the buyer must use suitable packaging to properly protect the product.
It is recommended to use a tracked shipping method in order to keep proof of shipment of the returned product.
Condition of the returned product
The consumer buyer is authorised to handle the product only to the extent necessary to establish its nature, characteristics and proper functioning.
HUMIDISTOP FRANCE reserves the right to apply a deduction from the refund in the event of depreciation of the product resulting from excessive handling, abnormal use, deterioration, incomplete return, or a product that is soiled, damaged or no longer suitable for normal resale.
This deduction will be assessed according to the actual condition of the returned product, within the limits provided for by the applicable regulations.
Refund
In accordance with the legislation in force, the refund will be made within a maximum period of 14 days from the date on which HUMIDISTOP FRANCE is informed of the consumer buyer’s decision to withdraw.
HUMIDISTOP FRANCE may, however, defer the refund until actual recovery of the returned product or until receipt of proof of shipment of the product by the buyer, whichever occurs first.
The refund will be made using the same means of payment as that used at the time of the order, unless the buyer expressly agrees to another means of refund.
Any standard delivery costs paid at the time of the order will be refunded in accordance with legal provisions. Additional costs resulting from the buyer’s choice of a more expensive delivery method than the standard delivery method offered will not be refunded.
Exchange
An exchange of a product may be offered on a commercial basis, subject to the prior agreement of HUMIDISTOP FRANCE, availability of the requested product and return of the initial product under the conditions provided for in these General Terms and Conditions of Sale.
Professional buyers
The right of withdrawal provided for by the French Consumer Code does not apply to professional buyers acting for the purposes of their professional activity, unless otherwise required by mandatory legal provisions or expressly agreed in writing by HUMIDISTOP FRANCE.
For professional buyers, any validated order is firm and final after acceptance of these General Terms and Conditions of Sale and receipt of payment, without prejudice to the applicable legal or contractual warranties.
Exceptions
The right of withdrawal cannot be exercised in the cases provided for by Article L.221-28 of the French Consumer Code, in particular for goods made to the buyer’s specifications or clearly personalised, as well as in all other cases legally provided for.
Article 16 – Fortuitous event or Force majeure
All circumstances beyond the control of the parties preventing the normal performance of their obligations shall be considered causes of exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
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, shall be considered force majeure.
Expressly, in addition to those usually recognised by the case law of French courts and tribunals, the following are considered cases of force majeure or fortuitous events: blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks.
The parties shall meet to examine the impact of the event and agree on the conditions under which performance of the contract may continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.
Buyers undertake not to make any unauthorised use of this content. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 18 – Data processing and liberties
The personal data provided by the buyer is necessary for processing the order, issuing invoices, delivering products, monitoring the customer relationship and, where applicable, managing after-sales service.
This data may be communicated to service providers and partners strictly necessary for the execution of the order, in particular payment service providers, carriers, delivery services, IT, accounting or administrative service providers, within the limits necessary for the performance of their tasks.
HUMIDISTOP FRANCE undertakes to process personal data in accordance with the applicable regulations on data protection, in particular the General Data Protection Regulation, known as GDPR, and the French Data Protection Act.
The rights of buyers and users concerning their personal data are detailed in Article 25 of these General Terms and Conditions of Sale.
Article 19 – Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.
Article 20 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 – Titles
In the event of difficulty in interpreting any of the titles appearing at the head of the clauses and any of the clauses, the content of the clause shall prevail over its title.
Article 22 – Language of the contract
These General Terms and Conditions of Sale are drafted in French. This English version is provided to facilitate the customer’s understanding. If these conditions are translated into one or more foreign languages, only the French text shall prevail in the event of divergence, difficulty of interpretation or dispute.
Article 23 – Mediation and dispute resolution
In the event of a claim, the buyer is invited to contact HUMIDISTOP FRANCE customer service as a priority in order to seek an amicable solution.
The claim may be sent by email to the following address: humidistop@gmail.com, or by post to the following address: HUMIDISTOP FRANCE, 57 Avenue Gambetta, 82000 Montauban, France.
In accordance with the provisions of the French Consumer Code, the consumer buyer may use a consumer mediator free of charge for the amicable resolution of a dispute with HUMIDISTOP FRANCE, provided that a written complaint has first been sent to HUMIDISTOP FRANCE and that no satisfactory response has been obtained.
The designated consumer mediator is:
Médiation Professionnelle – Médiateur de la Consommation
Alteritae
5 rue Salvaing
12000 Rodez
Website: https://www.mediateur-consommation-smp.fr
The request for mediation must be submitted under the conditions provided for by the applicable regulations. In particular, it may not be examined if the buyer does not prove that they have first attempted to resolve the dispute directly with HUMIDISTOP FRANCE by means of a written complaint.
Mediation may not be initiated if the dispute has already been examined or is being examined by another mediator or by a court.
Consumer mediation applies only to disputes between HUMIDISTOP FRANCE and a consumer buyer. It does not apply to disputes between professionals.
Article 24 – Applicable law and competent jurisdiction
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the buyer shall first contact HUMIDISTOP FRANCE in order to seek an amicable solution.
For consumer buyers, any dispute relating to the validity, interpretation, performance, non-performance or termination of these General Terms and Conditions of Sale shall be submitted to the competent courts in accordance with the applicable legal rules.
For professional buyers acting for the purposes of their professional activity, and unless otherwise required by mandatory legal provisions, any dispute relating to the validity, interpretation, performance, non-performance or termination of these General Terms and Conditions of Sale shall fall within the exclusive jurisdiction of the competent commercial court within the jurisdiction of the registered office of HUMIDISTOP FRANCE.
This jurisdiction applies even in the event of multiple defendants, third-party proceedings, incidental claims, summary proceedings or interim measures.
Article 25 – Protection of personal data
Data collected
In the context of the use of the website and the processing of orders, HUMIDISTOP FRANCE may collect personal data strictly necessary for the management of the commercial relationship.
The data likely to be collected includes in particular:
the buyer’s first and last name;
email address;
telephone number;
billing address;
delivery address;
information relating to the order;
information necessary for payment;
exchanges with customer service;
connection and browsing data strictly necessary for the proper functioning of the website, subject to the choices expressed by the user regarding cookies.
Purposes of processing
The personal data collected is used only for determined, legitimate and necessary purposes, in particular:
processing, validation and tracking of orders;
issuing invoices;
delivery of products;
management of customer service and after-sales service;
management of requests, claims, returns and warranties;
fraud prevention and payment security;
compliance with legal, accounting and tax obligations;
improvement of the functioning of the website;
sending commercial information when the user has consented to it or when the regulations allow it.
HUMIDISTOP FRANCE collects only the data necessary for the purposes pursued and undertakes not to use personal data for purposes incompatible with those indicated in these conditions.
Legal basis for processing
The processing of personal data may be based, depending on the case, on:
the performance of the contract concluded with the buyer, in particular for order processing, delivery and after-sales service;
compliance with legal obligations, in particular accounting, tax and administrative obligations;
the legitimate interest of HUMIDISTOP FRANCE, in particular for managing the customer relationship, preventing fraud, defending its rights and improving its services;
the user’s consent, in particular for certain cookies or commercial communications where such consent is required.
Sharing of personal data with third parties
Personal data may be communicated to third parties only when this is necessary for the performance of the order, the functioning of the website, compliance with a legal obligation or the defence of the rights of HUMIDISTOP FRANCE.
The recipients may include in particular:
payment service providers;
carriers and delivery services;
IT and hosting service providers;
accounting, administrative or legal service providers;
administrative or judicial authorities when required by law.
Service providers having access to personal data undertake to process it only for the needs of their mission and in accordance with the applicable regulations on personal data protection.
Retention period
Personal data is retained for the period strictly necessary for the purposes for which it was collected.
Data relating to orders, invoices and accounting obligations may be retained for the applicable legal period.
Data used for commercial prospecting purposes is retained for the period authorised by the applicable regulations, unless the user objects or withdraws consent where such consent is required.
Security and confidentiality
HUMIDISTOP FRANCE implements reasonable technical and organisational measures to protect personal data against unauthorised access, loss, alteration, disclosure or destruction.
However, the user acknowledges that the internet cannot guarantee absolute security. HUMIDISTOP FRANCE nevertheless undertakes to take all reasonable measures to ensure the protection of personal data processed in the context of its activity.
User rights
In accordance with the applicable regulations, the user has the following rights over their personal data:
right of access;
right to rectification;
right to erasure;
right to object;
right to restriction of processing;
right to data portability, where this right is applicable;
right to withdraw consent at any time where processing is based on consent.
These rights may be exercised by sending a request to HUMIDISTOP FRANCE by email at the following address: humidistop@gmail.com.
For security reasons, HUMIDISTOP FRANCE may request proof of identity in the event of reasonable doubt as to the identity of the requester.
HUMIDISTOP FRANCE will respond to requests within the time limits provided for by the applicable regulations.
Cookies
The website may use cookies or similar technologies necessary for its proper functioning, audience measurement, improvement of the user experience or, where applicable, commercial purposes.
The user may manage their cookie preferences according to the terms provided on the website.
Complaint to the CNIL
In the event of difficulty relating to the processing of personal data, the user is invited to contact HUMIDISTOP FRANCE as a priority at the following address: humidistop@gmail.com.
If the user considers, after contacting HUMIDISTOP FRANCE, that their rights are not respected, they may lodge a complaint with the Commission Nationale de l’Informatique et des Libertés, the CNIL.
Modification of this clause
HUMIDISTOP FRANCE reserves the right to modify this clause relating to the protection of personal data in order to take account of legal, regulatory, technical or organisational developments.
The applicable version is the version in force on the day of consultation of the website or the order.
