Definitions of the terms

These General Terms and Conditions of Sale (hereinafter referred to as the “GTCs”) are offered by iopool SA, a company registered with the ECB (Belgium) under number 0711904972, whose registered office is located at 16 Avenue du Pré-Aily, 4031 Angleur (hereinafter referred to as “iopool”).

We will then designate:

  • “Site”: the https://www.iopool.com site and all its pages.
  • “Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Site.
  • “Seller”: iopool, a legal or physical person, offering its Products or Services on the Site.
  • “Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
  • “Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”.

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these General Terms and Conditions carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Client acknowledges having read the T&Cs and accepts them in full and without reservation.

Article 1 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The GTCs applicable to the Customer are those in force on the day of his order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of Connected Objects in the field of water quality analysis and treatment, in particular for swimming pools and spas; in combination, or not, with a mobile application and cleaning products.

The Site is freely accessible to any Client. The acquisition of a Product or Service implies the Customer’s acceptance of all of these GTCs, which he/she acknowledges having read them in full. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the acceptance sentence of these GTCs, with the words “I acknowledge having read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature from the Client.

The acceptance of these GTCs presupposes that the Customers have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, a curator or his/her legal representative.

The Customer acknowledges the evidential value of the Seller’s automatic registration systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

The Publisher makes available to the Client, on its Site, a confidentiality charter specifying all the information relating to the use of the Client’s personal data collected by the Publisher and the rights that the Client has with regard to these personal data. The data privacy policy is part of the GTC. Acceptance of these GTC therefore implies acceptance of the data privacy policy.

Article 2 – Creation of a customer account

The creation of a “customer account” is an essential prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as first and last name, email address, postal address and telephone number, this list is not exhaustive. As such, the Client undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller immediately in the event of a change. The Client is solely responsible for the veracity, accuracy and relevance of the data provided.

The Customer registered on the Site has the possibility to access it by logging in using his login details (e-mail address defined at registration and password) or possibly by using systems such as third-party social network login buttons. The Customer is fully responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. In the event of a forgotten password, the Customer has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in his “my account” section and the Client is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Seller shall not be held liable for unauthorized access to a Customer’s account.

The customer account allows the Customer to consult all his orders placed on the Site. If the data contained in the customer account section were to disappear as a result of a technical breakdown or a case of force majeure, the Seller could not be held liable, as this information has no probative value but only an informative character. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only informative in nature intended to ensure the efficient management of its orders or contributions by the Customer.

Each Customer is free to close his account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has violated these GTCs (in particular and without this example being exhaustive in any way, when the Customer has knowingly provided incorrect information, when registering and setting up his personal space) or any account that has not been active for at least one year. Such deletion shall not be likely to constitute damage to the Customer, who shall not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer when the facts so require.

Article 3 – Subscription procedure for orders and description of the purchase process

The Products and Services offered are those listed in the catalogue published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller on the basis of the descriptions provided by the supplier.

The photographs of the Products in the catalogue reflect a true and fair view of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the Physical Products.

We will define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket” whose content can be modified at any time.

As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page where he/she will have to fill in the order form fields. In the latter case, he will have to provide a certain number of personal data concerning him, necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions or cancel the order until it is validated.

Once the Customer has completed the form, he will then be asked to make his payment using the payment methods listed in the payment section of these GTCs. After a few moments, the Customer will receive an e-mail confirming the order, reminding him of the content of the order and its price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 – Prices and payment terms

Unless otherwise stated, the prices in the catalogue are prices in US Dollars inclusive of all taxes (including VAT), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

iopool reserves the right at any time to modify its prices and to reflect, if applicable, any change in the current VAT rate on the price of the Products or Services offered on the Site. Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by credit card using secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer’s means of payment. Payment is made directly into the hands of the bank or payment service provider receiving the Customer’s payment. In the event of payment by cheque or bank transfer, the delivery periods defined in the “Delivery” article of these GTCs shall only start to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

iopool will archive purchase orders and invoices on a reliable and durable medium that constitutes a true copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 – Deliveries

The delivery costs will be indicated to the Customer before any payment and only concern deliveries made in USA. For any other place of delivery, it is the Customer’s responsibility to contact customer service.

In the event of delivery of a Product outside the USA, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may not be able to provide him with exact information on the total amount of customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise indicated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products…); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise its right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these requirements, he will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise his right of refusal.

If the Customer’s package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask him to follow up on his order. If the Customer has mistakenly refused the package, he may request its return by paying the postal charges for the new shipment in advance. Postage will have to be paid even for orders for which the shipping costs were offered at the time of the order.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows the withdrawal, in accordance with Article L.221-18 et seq. of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in full and in perfect condition. Any defect resulting from a clumsiness or misuse by the Customer may not be attributed to the Seller.

Any delay in delivery in relation to the date or time indicated to the Consumer Customer when placing the order or, in the absence of a date or time indication when placing the order, more than thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the Consumer Customer’s initiative, upon written request by registered letter with acknowledgement of receipt, if after having instructed the Seller to make the delivery he has not fulfilled his obligations. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Article 6 – Right of withdrawal and withdrawal form

In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to retract. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days of iopool’s receipt of the refund request.

The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to iopool. It is understood that the Customer will bear the costs of returning the Product in the event of retraction, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by the Post Office.

If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his own expense.

It is recommended to the Customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch a survey with the postal services to ask them to locate the latter.

The refund will be made using the same method of payment as the one chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for the Seller to use another method of payment, and to the extent that the refund does not entail any costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

The Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of iopool SA, 16 Avenue du Pré-Aily, 4031, Angleur

I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of the Client(s):

Address of the Customer(s):

Signature of the Client(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Article 7 – Product Warranty

Garantie prise du site https://eu.ring.com/pages/warranty

This is a “Limited Warranty” which gives the customer specific legal rights. The customer may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion under this Limited Warranty may not apply to the customer. The customer must keep its dated sales receipt; it is required for all warranty requests. 

1. WHAT THE WARRANTY COVERS

For a period of one (1) year from the date of purchase of iopool product, or one (1) year from the date of receipt of the replacement iopool product, iopool will, at its sole option, repair or replace any iopool products that malfunction due to defective parts or workmanship no charge to the customer. This warranty is not transferrable and applies only to the original consumer purchaser. iopool may, in its sole discretion, make any repair or replacement with new or refurbished product or components. If the product or component requiring repair or replacement is no longer available, iopool may, in its sole discretion, replace such product with a similar product of similar function.

2. WHAT THE WARRANTY DOES NOT COVER

Repair service, damage due to misuse, abuse, negligence or casualty (e.g., fire), acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), and consumable parts (including batteries and probes) are not covered by this warranty. Damage from unauthorized service or modification of the product or of any furnished component will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this warranty does not cover any losses, injuries to persons, loss of property or general damages. This warranty, our theft protection, and community support services do not apply to any products purchased from third party sellers on amazon, and other online marketplaces. iopool strongly suggests that the customer does not buy iopool products from any unauthorized sellers, as such products may be used, defective, counterfeit or may not be designed for use in the customer’s country. This warranty covers only iopool products and is not extended to other equipment, components, or devices that a customer uses in conjunction with iopool products. iopool’s maximum liability under this warranty is limited to the original purchase price of the iopool product in question. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF IOPOOL SA CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REPAIR OR REPLACEMENT SHALL BE THE SOLE REMEDY OF THE CUSTOMER AND THERE SHALL BE NO LIABILITY ON THE PART OF IOPOOL SA FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

This limited warranty gives the customer specific rights. The customer may have additional rights under applicable law, and this limited warranty does not affect such rights.

Article 8 – Customer Service

Customer service on this Site is available by e-mail at the following address: hello@iopool.com or by post at the address indicated in the legal notices.

Article 9 – Liability

The iopool Seller shall not be held liable for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With respect to the Products purchased, the Seller shall not be liable for any indirect damages hereunder, operating loss, loss of profit, damage or costs, which may arise.

The choice and purchase of a Product or Service is the sole responsibility of the Customer. The total or partial inability to use the Products, in particular because of the incompatibility of the equipment, may not give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i. e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal.

The Customer expressly acknowledges that he/she uses the Site at his/her own risk and under his/her sole responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, iopool can under no circumstances be held responsible:

  • any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the Site, or, on the contrary, the impossibility of its use;
  • a malfunction, unavailability of access, misuse, improper configuration of the Customer’s computer, or the use of a browser not commonly used by the Customer;
  • the content of advertisements and other external links or sources accessible by Customers from the Site.

The photographs and visuals of the Products presented on the Site are not contractual in nature, the Seller’s liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.

Article 10 – Intellectual property rights

All elements of this Site are the property of the Seller or a third party agent, or are used by the Seller with the permission of their owners.

Any reproduction, representation, adaptation of logos, textual content, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.

Any Customer who is guilty of counterfeiting may have his account deleted without notice or compensation and without this deletion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Seller or his agent.

The brands and logos contained in the Site may be registered by iopool, or possibly by one of its partners. Any person making their representations, reproductions, interweaving, diffusions and reruns shall be liable to the penalties provided for in Articles L. 713-2 et seq. of the Intellectual Property Code.

Article 11 – Independence of clauses

If any provision of the T&Cs is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all previous or contemporaneous written or oral agreements. The T&Cs are not transferable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these GTCs must be written in the French language.

Article 12 – Applicable law and mediation

These GTC are governed by and subject to American law.

Unless otherwise provided by public policy, any disputes that may arise in connection with the execution of these General Terms and Conditions may, before any legal action is taken, be submitted to the Site Publisher for assessment with a view to amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings. Unless otherwise provided by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the jurisdiction of the place where the defendant is domiciled.

Mediation of consumption

According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the trader shall guarantee to the consumer the effective use of a consumer mediation mechanism.

As such, iopool offers its Consumer Customers, in the event of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

Mediator of the Medici approved mediation centre Médicys

contact@medicys.fr

http://www.medicys.fr/index.php/consommateurs/

It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.