General Terms and Conditions of Sale

1. Scope and acceptance

These General Terms and Conditions of Sale (the “Terms”) govern all sales of Aqualis®-branded products (the “Products”) by the seller of Aqualis Products (the “Seller”, “we”, “us”) to professional customers (the “Buyer”). The Products are intended exclusively for professionals acting in the course of their business, such as distributors, wholesalers, installers and contractors.

Placing an order implies the Buyer's full and unreserved acceptance of these Terms, which prevail over any general terms of purchase of the Buyer unless the Seller has expressly agreed otherwise in writing. Any specific conditions agreed in writing between the parties, such as a distribution agreement, prevail over these Terms to the extent of any conflict.

2. Quotations and orders

Quotations are valid for thirty (30) days from their date of issue unless otherwise stated. Orders must be sent in writing, including by email to info@aqualis-pro.com, and specify the Product references, quantities, delivery address and any agreed price.

An order becomes binding only once confirmed in writing by the Seller. The Seller may refuse any order that is abnormal in quantity or placed in bad faith, or from a Buyer with unpaid amounts outstanding. Any modification or cancellation requested by the Buyer after confirmation requires the Seller's written agreement.

3. Products and technical information

Product specifications, photographs and technical data published on this website and in Seller documentation are provided for information and may change as Products evolve. Photographs are non-contractual. The Buyer is responsible for checking, before ordering, that the Products are suitable for the intended use and installation, and for installation by qualified personnel in accordance with the product instructions and applicable regulations.

4. Prices

Prices are those in force on the date of the order confirmation. They are expressed in euros, exclusive of VAT and any other applicable taxes, and, unless otherwise agreed in writing, exclusive of transport, insurance, packaging for special requirements, customs duties and import charges, which are charged in addition. The Seller may revise its price list at any time; revised prices apply to orders confirmed after the revision.

5. Payment terms

Unless otherwise agreed in writing, invoices are payable by bank transfer within thirty (30) days of the invoice date. The Seller may require an advance payment or payment on order, in particular for a first order or for export orders. No discount is granted for early payment unless stated on the invoice.

In accordance with Article L. 441-10 of the French Commercial Code, any amount not paid by the due date automatically bears late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, together with a fixed indemnity for recovery costs of forty euros (€40), without prejudice to additional compensation where recovery costs exceed this amount. Late payment also entitles the Seller to suspend any pending order or delivery.

6. Delivery and transfer of risk

Delivery terms are those stated in the order confirmation. Delivery lead times are given for information only; a delay cannot give rise to penalties, damages or cancellation of the order, except where a firm date has been expressly agreed in writing.

Unless otherwise agreed, risks pass to the Buyer when the Products are handed over to the first carrier. The Buyer must check the goods on receipt and record any damage or missing items on the delivery note, confirming them to the carrier within the statutory time limit, and must notify the Seller in writing of any non-conformity within eight (8) days of delivery. No Products may be returned without the Seller's prior written agreement.

7. Retention of title

The Products remain the property of the Seller until full payment of the price in principal and accessories. Until then, the Buyer must store the Products so that they remain identifiable and insure them against all risks. In the event of non-payment, the Seller may reclaim the Products at the Buyer's expense. These provisions do not affect the transfer of risk set out in Article 6.

8. Warranty

The Products are covered by a twenty-four (24) month warranty against manufacturing and material defects from the date of delivery. Under this warranty, the Seller will, at its option, repair or replace any Product acknowledged as defective, or refund its price.

The warranty does not cover defects resulting from incorrect installation, use not in accordance with the product instructions, lack of maintenance, normal wear, accidents, electrical surges, modification or repair by an unauthorised person, or use of non-compliant accessories. Warranty claims must be sent in writing with the Product reference, the invoice and a description of the defect.

9. Liability

To the extent permitted by law, the Seller's liability is limited to direct damage proven by the Buyer and may not exceed the price excluding taxes of the Products concerned. The Seller shall not be liable for indirect or consequential loss, including loss of business, profit or data. Nothing in these Terms limits liability that cannot be excluded or limited by law.

10. Force majeure

Neither party shall be liable for failure to perform its obligations where such failure results from a force majeure event within the meaning of Article 1218 of the French Civil Code, including supply-chain or transport disruption, epidemics, natural disasters, strikes or governmental measures. Obligations are suspended for the duration of the event. If it lasts more than sixty (60) days, either party may terminate the affected order by written notice.

11. Intellectual property

Aqualis® is a registered trademark. The name, the logo and all visuals, texts and technical data sheets on this website are protected. Any reproduction, representation, distribution or use, in whole or in part, on any medium whatsoever, is prohibited without the prior written authorisation of the owners.

The sale of Products does not transfer any intellectual property right to the Buyer. Use of the Aqualis® name, logo, product photography or documentation for marketing purposes requires the Seller's prior written authorisation and must comply with the Seller's brand guidelines.

12. Personal data

Personal data collected in connection with orders is processed to manage the commercial relationship, in accordance with the General Data Protection Regulation (EU) 2016/679. Further information is available in our Privacy Policy.

13. Governing law and jurisdiction

These Terms and any sale to which they apply are governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties will seek an amicable settlement of any dispute. Failing that, any dispute shall be submitted to the exclusive jurisdiction of the competent commercial court for the Seller's registered office, including in the case of multiple defendants or third-party proceedings.

These Terms are drafted in English. Should they be translated, the English version prevails.

14. Contact

For any question regarding these Terms or an order, contact us at info@aqualis-pro.com.