General Terms and Conditions of Sale of Products Online to Private Consumers

Preamble

These general terms and conditions of sale apply to all sales made on the HUMIDISTOP FRANCE website.

The website https://www.humidistop.fr is a service of:

Individual Company HUMIDISTOP FRANCE

Located at 7 AVENUE DIDIER DAURAT 31700 BLAGNAC, FRANCE

Website URL: https://www.humidistop.france.fr

Email: humidistop@gmail.com

The HUMIDISTOP FRANCE website sells the following products: Products against humidity, limescale, and wave products.

The customer declares to have read and accepted the general terms and conditions of sale before placing an order. Order confirmation implies acceptance of the general terms and conditions of sale.

Mandatory Technical Recommendations

1 – Recommendations for IPE STOP-ONE and ATE STOP LC30 products:

INSTALLATION OF THE ELECTROMAGNETIC POLARITY INVERTER IPE STOP ONE OR ATE LC30:

The device must be positioned at a minimum distance of 1.50 meters from any power source (except sockets).

The installation height must be at least 25 cm to 1 meter above floor level.

The device must be hung on the wall like a picture.

The device should not be moved.

The device must be placed directly on a load-bearing wall or partition (never on plasterboard).

You need to know the dimensions of the house (especially the largest diagonal) to determine if the effective diameter of an IPE STOP ONE or ATE LC30 covers the entire building.

The electromagnetic polarity inverter IPE STOP-ONE or ATE LC30 must be connected permanently, but its consumption is extremely low (only 0.75 W, which is a cost of about €15/year).

REMOVAL OF RENDERINGS OR FILM COATINGS:

It is recommended to remove the lower part of the walls during the drying period to a height of about 10 cm above the degradation area so that the walls can breathe.

VENTILATION OF THE HOUSE:

Good air circulation is necessary as drying occurs in part through evaporation. Ventilation is therefore essential.

Install adequate ventilation in your home.

Ensure that doors and windows comply with regulations (doors cleared at least 1.5 cm in dry rooms and 2 cm in wet rooms).

Install ventilation ducts at windows.

RENOVATION OF RENDERINGS AND PAINTINGS:

Once the walls have dried, hygroscopic salts that attract moisture have moved to the surface, and it is essential to brush them off to remove most of them. To achieve perfect drying of the walls, not only must the walls be dry and healthy, but it is absolutely necessary to prevent mineral salts from rising in the plaster. It is recommended to redo the external renderings with lime containing an additive against hygroscopic salts.

INSTALLATION OF DRAINAGE:

It is recommended to carry out drainage in case of lateral infiltrations. Drainage is designed to collect groundwater and evacuate it before it reaches the foundations.

IMPORTANT INFORMATION:

Factors affecting the speed of wall drying include their thickness, composition, and coating, as well as compliance with our recommendations.

This type of process does not address infiltrations, flooding problems, and mold in your home, which will need to be treated separately.

The Customer acknowledges and accepts that compliance with the recommendations and instructions provided by Humidistop France is mandatory to ensure the effectiveness and safety of the products and services provided. Failure to comply with these recommendations may result in the loss of warranty and Humidistop France’s liability in case of damage or malfunctions.

Article 1 – Principles

These general conditions express the entire agreement between the parties. In this sense, the purchaser is deemed to accept them without reservation.

These general terms and conditions of sale apply exclusively, excluding any other conditions, especially those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the HUMIDISTOP FRANCE website and will prevail, if necessary, over any other version or document in conflict.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its general conditions. They will be applicable as soon as they are published online.

If a sales condition is missing, it will be considered regulated by the practices in the sector of distance sales by companies based in France.

These General Conditions of Sale come into effect on the date of Order Confirmation and have the duration necessary for the supply of the goods, until the expiry of the guarantees and obligations due by the Seller.

Article 2 – Content

These general terms and conditions aim 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 only apply to purchases made on the HUMIDISTOP FRANCE website and delivered exclusively in metropolitan France or Corsica. For any delivery to the DOM-TOM or abroad, please send a message to the following email address: humidistop@gmail.com.

These purchases concern the following products: Products against humidity.

Article 3 – Pre-contractual Information

The buyer acknowledges that, before placing an order and concluding the contract, they have received, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The buyer is provided with the following information in a clear and understandable manner:

  • The essential characteristics of the goods.
  • The price of the goods and/or the method of calculating the price.
  • If applicable, all additional costs for transportation, delivery, or postage, as well as any other possible charges.
  • In the case of non-immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of its price.
  • Information about the seller’s identity, postal, telephone, and electronic contact details, and activities, as well as legal guarantees, the features of digital content, and, if applicable, its interoperability, the existence and methods of implementing guarantees, and other contractual conditions.

Article 4 – The Order

The buyer has the option to place an order online, from the online catalog, using the form provided, for any product, subject to available stock.

The buyer will be informed of any unavailability of the ordered product or item.

For the order to be valid, the buyer must accept these general terms by clicking in the designated area. They must also select the delivery address and method, and finally confirm the payment method.

The sale will be considered final:

  • After the seller has sent the buyer an email confirming the order’s acceptance, and
  • After the seller has received full payment from the buyer.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be addressed within the context of a possible exchange and the warranties mentioned below.

In some cases, especially in the event of non-payment, an incorrect address, or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved.

For any questions regarding the follow-up of an order, the buyer can 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 credit card number and the final order validation shall constitute proof of the buyer’s agreement:

  • The demand for the sums due under the order form.
  • Signature and explicit acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as such use is detected, to contact the seller via email at humidistop@gmail.com.

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation through electronic message.

Article 7 – Proof of Transaction

Computer records stored in the seller’s computer systems under reasonable security conditions shall be deemed as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium that can be produced as evidence.

Article 8 – Product Information

The products subject to these general terms and conditions are those available on the seller’s website and indicated as sold and dispatched by the seller. They are offered within the limits of available stock.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions occur in the presentation, the seller’s liability cannot be engaged.

Product photos are not contractually binding.

Article 9 – Prices

The seller reserves the right to change prices at any time, but undertakes to apply the rates in effect as indicated at the time of the order, subject to availability at that date.

Prices are in euros. They do not include shipping costs, which will be charged in addition and indicated before order confirmation. Prices take into account the applicable VAT at the time of the order, and any change in the applicable VAT rate will be automatically reflected in the product prices in the online store.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, up or down, such changes may be reflected in the selling prices of the products.

Article 10 – Payment Methods

This is an order with an obligation to pay, meaning that placing an order requires payment by the buyer.

To make payment for their order, the buyer has at their disposal, at their discretion, all payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method at the time of order confirmation. The seller reserves the right to suspend any order management and any delivery in the event of the refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller particularly reserves the right to refuse delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Payment of the price is made in full at the time of the order, using the following methods:

  • Credit card
  • PayPal
  • Check
  • Bank transfer

Payment of the price can be made according to a payment plan, with an amount and installment payments over a specific period, negotiated between the seller and the buyer on a case-by-case basis, using the following methods:

  • Credit card payment
  • PayPal
  • Check
  • Bank transfer

Article 11 – Product Availability – Refund – Resolution

Except in cases of force majeure or during periods of online store closure, which will be clearly announced on the website’s homepage, delivery times will be, within the limits of available stock, as indicated below. Delivery times begin from the date of order registration as indicated in the order confirmation email.

For deliveries in Metropolitan France and Corsica, the timeframe is 15 days from the day following the date on which the buyer placed the order, using the following methods: Colissimo. In any case, the timeframe will be 30 working days from the conclusion of the contract.

For deliveries to the overseas departments and territories (DOM-TOM) or to another country, the delivery methods will be specified on a case-by-case basis to the buyer.

In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, invite the seller to perform it within a reasonable additional period.

In case of non-performance by the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these subsequent formalities by registered letter with acknowledgment of receipt or with a document on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or document informing them of the termination, unless the professional has performed in the meantime.

However, the buyer may immediately terminate the contract if the above-mentioned dates or deadlines constitute an essential condition of the contract.

In this case, when the contract is terminated, the seller is obligated to refund the buyer for the full amount paid, no later than 14 days from the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the option to request a refund of the amounts paid within 14 days from the date of payment or the replacement of the product.

Article 12 – Delivery Methods

Delivery is understood as the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the methods and times specified below.

The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure that the address is correct. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer also has the option, upon request, to receive the invoice at the billing address rather than the delivery address, by selecting the appropriate option on the order form.

If the buyer is not present on the day of delivery, the courier will leave a delivery notice in the mailbox, indicating where and when the package can be collected.

If at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must categorically refuse the package and make a note of the reservation on the delivery document (specifying that the package was refused because it was open or damaged) or they will lose the right to make a claim.

The buyer must indicate on the delivery document and in the form of handwritten reservations, accompanied by their signature, any anomalies related to the delivery (damage, missing products compared to the order, damaged package, broken products, etc.). This check is considered to be carried out when the buyer or a person authorized by them signs the delivery document.

The buyer must then confirm these reservations with the carrier within two working days of receiving the product(s) and send a copy of this letter, fax, or simple letter to the seller at the address indicated in the legal information on the website.

If the products need to be returned to the seller, the buyer must request the return within 14 days from the date of delivery. Any claims made after this period will not be accepted. The return of the product will be possible only if the products are in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery Errors

The buyer must report any delivery errors or non-conformity of the products with the order on the same day of delivery or no later than the first working day following the delivery. Any claims made beyond this deadline will be rejected.

The buyer can make the report:

Claims not made in accordance with the specified methods and timeframes will release the seller from any liability towards the buyer.

Upon receiving the claim, the seller will assign an exchange number for the product(s) in question and communicate it to the buyer via email. Replacement of a product can only take place after the assignment of this number. In case of a delivery error or replacement, the product must be returned in its entirety to the seller, in its original packaging, and sent via Colissimo Registered Mail to the following address: 7 AVENUE DIDIER DAURAT, 31700 BLAGNAC.

Return costs are the responsibility of the seller.

Article 14 – Product Warranty

14-1 Legal Conformity Warranty

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim based on the legal conformity warranty provided for in articles L. 217-4 and following of the Consumer Code.

In the event of the application of the legal conformity warranty, please note that:

  • The buyer has a period of 2 years from the delivery of the goods to take action.
  • The buyer can choose between repairing or replacing the goods, provided that the cost conditions specified in article L. 217-17 of the Consumer Code are met.
  • The buyer is not required to provide proof of the non-conformity of the goods within the first 24 months for new goods (6 months for used goods) from the date of delivery.

14-2 Legal Warranty for Hidden Defects

In accordance with articles 1641 and following of the Civil Code, the seller guarantees against hidden defects that may affect the goods sold. It is the buyer’s responsibility to demonstrate that the defects existed at the time of sale of the goods and that they render it unsuitable for the use for which it is intended. This warranty must be exercised within two years of the discovery of the defect.

The buyer can choose between canceling the contract or reducing the price in accordance with article 1644 of the Civil Code.

Commercial Warranty

Article 15 – Right of Withdrawal

Exercise 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 their order to return any item that does not suit them and request a replacement or refund without penalties, except for return costs borne by the buyer.

Returns must be made in their original and complete condition (with packaging, accessories, instructions, etc.), allowing their resale as new, accompanied by the purchase invoice.

Damaged, dirty, or incomplete products will not be accepted.

The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, the buyer will immediately receive a receipt on durable media. Other methods of withdrawal declaration are also accepted, provided they are clear and express the intention to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) will be refunded, and the delivery costs will also be reimbursed.

Return costs are the responsibility of the buyer.

Replacement (subject to availability) or a refund will be made within 48 hours and, in any case, within 14 days of receipt by the seller of the products returned by the buyer in the aforementioned conditions.

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 control of the professional and which may occur during the withdrawal period.
  • For the supply of goods made to the consumer’s specifications or clearly personalized.
  • For the supply of goods liable to deteriorate or expire rapidly.
  • For the supply of goods sealed for health or hygiene reasons that have been opened by the consumer after delivery.
  • For the supply of goods that, after being delivered, and by their nature, are inseparably mixed with other items.
  • For the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the contract, the delivery of which can only be made after thirty days, and the actual value of which depends on fluctuations in the market beyond the control of the professional.
  • For urgent maintenance or repair work to be carried out at the consumer’s residence and expressly requested by the consumer, limited to spare parts and work strictly necessary to address the urgency.
  • For the supply of sealed audio or video recordings or computer software by the consumer after delivery.
  • For the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts for such publications.
  • For the supply of digital content not provided on tangible media, the execution of which has begun after the consumer’s express agreement and with the consumer’s acknowledgment of losing the right of withdrawal.

Article 16 – Force Majeure or Act of God

All circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered grounds for exemption from the parties’ obligations and entail their suspension.

The party invoking the above circumstances must immediately inform the other party of their occurrence, as well as their disappearance.

Force majeure cases will include all irresistible, external circumstances, unforeseeable, unavoidable, beyond the parties’ control, and that cannot be avoided by them, despite all reasonably possible efforts. Explicitly, force majeure or acts of God shall include, in addition to those generally accepted by French court jurisprudence: transportation or supply blockades, earthquakes, fires, storms, floods, lightning, telecommunication network disruption, or difficulties related to telecommunication networks.

The parties will consult to examine the impact of the event and agree on the conditions under which the contract’s performance will be continued. 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 intellectual property rights to such content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

Article 18 – Protection of Personal Data

The personal data provided by the buyer is necessary for the processing of their order and for billing purposes.

They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.

The processing of information provided through the HUMIDISTOP FRANCE website has been the subject of a declaration to the CNIL.

The buyer has the permanent right of access, modification, rectification, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the methods defined on the HUMIDISTOP FRANCE website.

Article 19 – Partial Invalidity

If one or more provisions of these general terms and conditions are considered invalid or declared as such in accordance with a law, regulation, or as a result of a final decision by a competent court, the other provisions shall remain in full force and validity.

Article 20 – Non-Waiver

The fact that one of the parties does not enforce a violation by the other party of any of the obligations provided for in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 21 – Title

In the event of any difficulty in interpretation between any of the titles placed at the beginning of the clauses and any of the clauses themselves, the titles shall be deemed nonexistent.

Article 22 – Contract Language

These general terms and conditions of sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be valid in the event of a dispute.

Article 23 – Mediation and Dispute Resolution

The buyer may resort to conventional mediation, in particular through the Consumer Mediation Commission or through existing sectoral mediation bodies, or any other alternative means 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 website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, which facilitates the extrajudicial resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These general terms and conditions are subject to the application of French law. The competent court is the commercial court (Montauban or Toulouse). This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer must first contact the seller to seek an amicable solution.

These general terms and conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer must first contact the seller to seek an amicable solution.

Article 25 – Protection of Personal Data

Data Collected

The personal data collected on this website includes:

  • Account Opening: When creating a user account, the following information is collected: the user’s first name, last name, email address, phone number, and postal address.
  • Connection: When the user logs into the website, various data is recorded, including their first name, last name, connection data, usage data, location data, and payment-related data.
  • Profile: Using the services provided on the website allows users to create a profile, which may include an address and phone number.
  • Payment: When making payments for products and services offered on the website, financial data related to the user’s bank account or credit card is recorded.
  • Communication: When the website is used to communicate with other members, data related to the user’s communications is temporarily stored.
  • Cookies: Cookies are used when using the website. Users have the option to disable cookies through their computer settings.

Use of Personal Data

The personal data collected from users is used to provide website services, improve them, and maintain a secure environment. Specifically, the uses include:

  • Access and use of the website by the user.
  • Management of the website’s operation and optimization.
  • Organization of the terms of use of payment services.
  • Verification, identification, and authentication of data transmitted by the user.
  • Providing users with the ability to communicate with other website users.
  • Providing user assistance.
  • Personalizing services by displaying advertisements based on the user’s browsing history and preferences.
  • Preventing and detecting fraud, malware (harmful software or malicious programs), and managing security incidents.
  • Managing any disputes with users.
  • Sending commercial information and advertising based on user 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 payment services, the website is in contact with third-party banking and financial companies with which it has contracts for the provision of such services.
  • When the user publishes publicly accessible information in the free comment areas of the website.
  • When the user authorizes a third-party website to access their data.
  • When the website uses service providers to provide user assistance, advertising, and services. These providers have limited access to user data for the purpose of performing their services and are contractually obligated to use it in accordance with applicable data protection regulations.
  • If required by law, the website may transmit data to respond to complaints filed against it and to comply with administrative and judicial procedures.
  • In the event of a merger, acquisition, transfer of assets, or insolvency proceedings involving the website, all or part of the assets, including personal data, may be transferred. In such cases, users will be informed in advance of the transfer of personal data to third parties.

Security and Confidentiality

The website implements organizational, technical, software, and physical security measures to protect personal data from alteration, destruction, and unauthorized access. However, it is important to note that the Internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored on the Internet.

Exercise of User Rights

In accordance with applicable data protection regulations, users have the following rights, which they can exercise by sending a request to the following email address: humidistop@gmail.com:

  • The right of access: Users can exercise their right to access to know the personal data concerning them. In this case, before exercising this right, the website may request proof of the user’s identity to verify its accuracy.
  • The right to rectification: If the personal data held by the website is inaccurate, users 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 applicable data protection laws.
  • The right to restrict data processing: Users can request that the website restrict the processing of personal data in accordance with the scenarios provided by the GDPR (General Data Protection Regulation).
  • The right to object to data processing: Users can object to the processing of their data in accordance with the scenarios provided by the GDPR.
  • The right to data portability: Users can request that the website provide them with the personal data they have provided to transfer it to a new website.

Modification of this Clause

The website reserves the right to make changes to this clause on the protection of personal data at any time. In the event of a change, the website agrees to post the new version on its website. The website will also inform users of the change via email at least 15 days before the effective date. If the user disagrees with the terms of the new version of the personal data protection clause, they have the option to delete their account.