General Terms and Conditions - Ondilo

Article 1: Definition

“ICO” refers to a connected device that links the pool to the user. ICO also refers to the smartphone app that the user downloads onto their mobile phone. The app is developed and marketed by ONDILO, and works solely and exclusively with the ICO connected unit.

ONDILO, a company specialising in the manufacture and sale of smart pool products, develops devices and accessories that come with included services (maintenance and free updates for the ‘ICO’ app, access to a personal online account to track current orders, and after-sales support).

The “website” refers to ONDILO’s web platform for the sale and promotion of Products and Services, accessible at www.ondilo.com. A “consumer” is a natural person acting outside the scope of any professional activity to purchase goods to meet their personal or household needs.

Article 2: Application Fields

These General Terms and Conditions of Sale (“GTC”) set out the rights and obligations of the parties to the sales contract between ONDILO SAS, (publisher of the website www.ondilo.com), registered in the Trade and Companies Register under number 81842362600014, with its registered office at 162 Avenue Robert Schuman, 13760 Saint-Cannat, France, hereinafter referred to as “ONDILO”, owner of the ICO brand, and its consumers, falling within the legal category of consumers, concerning the terms of performance and the conditions under which sales of Products and Services are concluded via the website.

These general terms and conditions of sale apply to all products and services sold on the website www.ondilo.com, with the exception of the following items:

The ICO App is subject to the terms and conditions of use when the app is set up.

Ces CGV s’appliquent sans restriction ni réserve à l’ensemble des ventes de produits et des fournitures de Services effectuées par la société ONDILO sur le site. Le Consommateur reconnaît avoir eu une parfaite information concernant les Produits et les Services et notamment leurs caractéristiques essentielles et avoir été invité à consulter les Conditions Générales de Vente. Le consommateur reconnaît avoir lu et accepté sans réserve les présentes CGV qui prévalent sur tout autre document.

Any order placed on the website www.ondilo.com constitutes full and unconditional acceptance, without restriction or reservation, of these Terms and Conditions. The consumer acknowledges that they have read and accepted these Terms and Conditions without reservation; these Terms and Conditions take precedence over any other document. ONDILO reserves the right to make subsequent amendments to these Terms and Conditions; the applicable version shall be that in force on the date the customer definitively confirms the order.

Article 3: Object & App

The present terms and conditions govern the sales and define the rights and obligations of the contracting parties between the company ONDILO (simplified joint-stock company), registered to the trade and Companies register under number B 818 423 626 000 14, of which the headquarter is situated at 162, Avenue Robert SCHUMAN, 13760 SAINT-CANNAT – FRANCE, named “ONDILO” owner of the brand ICO, and its consumers. The company “ONDILO”, is specialized in the manufacturing and the sale of connected objects linked to the swimming pool and develops objects and accessories with the included service (free maintenance and update of the application “ICO”, the access to a personal account online in order to track the ongoing order as well as having access to the after sale service)

Article 4: Prices

The prices of our products are quoted in euros, inclusive of all taxes (VAT and other applicable taxes on the date of the order), unless otherwise stated, and exclude handling and delivery charges. Delivery charges are shown on the order form.

All orders, regardless of their origin, are payable in euros. ONDILO reserves the right to change its prices at any time, but the product will be invoiced at the price in force at the time the order is confirmed, subject to availability.

No order will be processed or dispatched until ONDILO has received full payment.

The products remain the property of ONDILO until full payment has been received.

Please note: as soon as you take physical possession of the products you have ordered, the risk of loss or damage to the products passes to you.

Article 5: Orders

You can place an order online at: www.ondilo.com

5.1 Order placement

Before placing an order, customers can view the technical specifications of the Products and Services by consulting the product descriptions available on the website www.ondilo.com

By agreeing to create a personal account, the customer agrees to provide personal information for the purposes of order management and the delivery of products and services.

When placing an order, the consumer must ensure that the product ordered on www.ondilo.com fully meets their expectations as a user. Once the order has been confirmed by clicking the ‘buy’ button, the consumer is presented with a summary of the order, allowing them to check the accuracy of the order details and giving them the option to amend certain information if necessary before fully confirming their order by clicking the ‘confirm’ button.

The consumer’s final confirmation of the order constitutes a firm and definitive commitment to purchase the relevant Products and Services. The order shall be deemed final once it has been expressly confirmed by ONDILO by email (the email containing the order confirmation, payment acceptance and delivery times), and the sale of the Products and Services shall only be deemed to have taken place upon payment of the corresponding price by the consumer.

Die Vertragsinformationen werden in französischer Sprache bereitgestellt und spätestens bei der Bestätigung Ihrer Bestellung bestätigt. Das Unternehmen ONDILO behält sich das Recht vor, eine Zahlung nicht zu verbuchen und eine Bestellung aus beliebigen Gründen nicht zu bestätigen, insbesondere bei Lieferengpässen oder bei Schwierigkeiten im Zusammenhang mit der eingegangenen Bestellung.

In accordance with the provisions of Article L.121-11 of the French Consumer Code, ONDILO is entitled to refuse any order on legitimate grounds, in particular in the event of a payment issue, a foreseeable delivery problem, or an abnormal order or one placed in bad faith.

5.2 Order modification

Any order confirmed and signed by the Customer constitutes a firm and final sale. Any changes to an order requested by the Customer can only be taken into consideration if they are received in writing or by telephone as soon as possible and expressly accepted by ONDILO.

If ONDILO accepts the change to the order, additional charges may apply to cover the costs of cancelling the order and/or any costs associated with the amendment process.

Any changes to an order may result in a delay in the delivery of the Product and/or Service, as well as a change in the sale price.

Article 6: Order validation

Any order on the website www.ondilo.com constitutes an agreement to the present Terms and Conditions. Any order confirmation leads to the full agreement of the present Terms and Conditions, without restriction or reserve. All of the data provided and the registration of the confirmation will constitute proof of the transaction. You declare having entire knowledge of this. The order confirmation implies a signature and acceptance of the operations carried out.

Article 7: Payment

Payment by credit card via MONETICO system. The validation of your order implies the obligation for you to pay the indicated price. The purchase payment is done by credit card thanks to the secure system Carte Bleue MONETICO (more information on https://www.monetico-paiement.fr/fr/informations-legales.html). The credit card is debited at the time of the order. ONDILO cannot be held responsible for potential dysfunction of the payment service online. Monetico-paiment.fr ) The card is debited at the time of the order. ONDILO cannot be held responsible for any malfunctioning of the online payment service. You can also pay by Paypal.

Article 8: Withdrawal Right

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay any penalty. To exercise their right of withdrawal, consumers must send a clear and unambiguous statement by registered letter to ONDILO 162 avenue Robert Schuman 13760 Saint-Cannat and/or by email to support@ondilo.com. An email will then be sent to you with the procedure for returning the product.

Returns must be complete (product, packaging, accessories, instructions). In this case, you are liable.

If the right of withdrawal is exercised, the company ONDILO will reimburse the sums paid, excluding delivery costs, within 14 days of notification of your request. ONDILO may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, the date used being that of the first of these facts. The Customer acknowledges that he/she is solely responsible for the cost of returning the product and undertakes to retain proof of dispatch of the parcel. In the context of exercising the right of withdrawal, the Customer acknowledges that he/she is solely responsible for the cost of returning the Product and undertakes to keep proof of sending the parcel. ONDILO will proceed with reimbursement using the same means of payment as that used by the Customer at the time of ordering.

Any returned product that is incomplete, damaged, worn or dirty may entitle ONDILO to only a partial refund.

EXCEPTIONS TO THE WITHDRAWAL RIGHT According to the provisions of article L.121-21-8 of the French consumer code, withdrawal right does not apply for:

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Goods and services provision which prices depends on the fluctuations of the financial market, outside the control of the professional and subject to happen during the withdrawal right.
Goods and services provision which prices depends on the fluctuations of the financial market, outside the control of the professional and subject to happen during the withdrawal right.
The provision of goods made according to the consumer’s choice or distinctly personalized.
The provision of goods subject to deterioration or quickly out of date.
The provision of goods that has been unsealed by the consumer after delivery and that cannot be sent back due to hygiene reasons or health protection.
The provision of goods that, after being delivered and by nature, are separately mixed with other items.
The provision of beverages containing alcohol for which the delivery is deferred thirty days and more and for which the settled value at the contract conclusion depends on the fluctuations of the market outside the control of the professional.
The provision of recordings of audio or video or computer software when unsealed by the consumer after delivery.
The provision of a newspaper, a periodical or a magazine except for the subscription contract to one of this publication.
The transactions concluded during a public auction.
The provision of a digital content not provided on a material support for which the execution began after prior agreement of the consumer and renouncement of his withdrawal right.

Article 9: Availability

The company ONDILO’s products are proposed as long as they are visible on the website www.ico.ondilo.com and within the limit of available stock. For the non-stored products, our offers are subject to availability of the products at our manufacturer. In the case of unavailability of the products after the order placement, the consumer will be informed by mail. The consumer will have the possibility to cancel totally or partially the order; the bank debit will be restored to the consumer via his credit card number. In the case of a shortage, ONDILO will respond to the orders according to their order of arrival and the availability of the products.

Article 10: Legal warranties

ONDILO propose quality products and services, without defects and comply with the purchase contract. However, if certain defects get through the different quality control of ONDILO, the customer benefits from a legal conformity guarantee and from a legal guarantee against hidden defects of the product.

10.1 Compliance legal warranties

In accordance with Article L.217-5 of the Consumer Code, the Product is in conformity: “1° If it is fit for the purpose usually expected of a similar item and, where applicable: – if it corresponds to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; – if it possesses the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling. 2° or whether it possesses the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter”.

The Customer has a period of twenty-four (24) months from the date of delivery of the Product to take action on this basis, and may choose between repair or replacement of the Product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code.

10.2 Legal warranties against hidden defects

Under Article 1641 of the Civil Code: ‘The seller is liable under the warranty for hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.’

The Customer has a period of twenty-four (24) months from the date of discovery of the defect to take action on this basis, and may choose between cancelling the order or a reduction in price in accordance with Article 1644 of the Civil Code.

10.3 Procedure and execution terms of legal warranties

The consumer must check that the Products comply with the order (condition, absence of defects, quantity, etc.) upon receipt. For any return request made under the statutory warranty, the consumer must notify ONDILO within a maximum of 7 days of receiving the ordered product, by emailing contact@ondilo.com.

The email must include all the information required to process the case: full contact details, order number and a description of the problem encountered. Products must be returned to us in the condition in which the customer received them, complete with all components (accessories, packaging, instructions, etc.).

Postage costs will be refunded based on the amount charged, and return postage costs will be refunded upon presentation of proof of payment

Article 11 – Delivery

Products are delivered to the delivery address provided by the customer during the ordering process, within the timeframe stated on the order confirmation page. The delivery timeframe provided by ONDILO is for guidance only.

ONDILO shall only be held liable if the delay exceeds two months.

ONDILO reserves the right to cancel orders, without compensation, if a force majeure event prevents their normal fulfilment. Events such as strikes, transport shortages, fire, flooding, equipment failure, riots, war, epidemics or accidents, whether at ONDILO or at one of its suppliers, shall be considered as force majeure, even if they are only partial, and whatever the cause. This list is not exhaustive.

In the event of a delay in dispatch, you will be sent an email informing you of any impact this may have on the delivery time originally quoted. In accordance with the law, in the event of a delay in delivery, the consumer has the right to cancel their order in accordance with the terms and conditions set out in Article L 138-2 of the Consumer Code.

If, in the meantime, the consumer receives the product, ONDILO will refund the purchase price and the delivery costs in accordance with Article L 138-3 of the Consumer Code. ONDILO makes every effort to ensure that dispatch and delivery procedures are carried out under the best possible conditions and as quickly as possible.

Upon delivery by the carrier, ONDILO cannot be held liable for any delay in delivery caused solely by the customer’s unavailability after several attempts to arrange a delivery appointment. Delivery charges are payable by the customer and are added to the order total (unless a promotional voucher is used to waive these charges). They are calculated based on the dimensions, weight and delivery address.

11.1 Geographical zone

The products and services are proposed and deliverable in the following geographical zone: metropolitan France, France’s overseas and Europe.

Article 12 – Warranty

All our products are covered by the statutory guarantee of conformity and the guarantee against hidden defects, as provided for in Articles 1641 et seq. of the Civil Code. Should a product sold prove to be non-compliant, it may be returned, exchanged or refunded.

All complaints, requests for exchanges or refunds must be made by email to contact@ondilo.com within 30 days of delivery. Products must be returned to us in the condition in which you received them, complete with all components (accessories, packaging, instructions, etc.).

Postage costs will be refunded to you based on the amount charged, and return costs will be refunded upon presentation of supporting documents. The provisions of this Article do not prevent you from exercising the right of withdrawal provided for in Article 6.

Article 13 – Responsabilities

The products offered comply with current French legislation. ONDILO cannot be held liable in the event of non-compliance with the legislation of the country to which the product is delivered. It is the consumer’s responsibility to check with the local authorities regarding the possibilities for importing or using the products or services they intend to order.

ONDILO shall not be held liable for any inconvenience or damage arising from the use of the Internet, including, but not limited to, service interruptions, unauthorised access or the presence of computer viruses, and more generally for any risks associated with connecting to and transmitting data over the Internet.

ONDILO shall not be liable for damages arising from personal injury, damage to property other than the Products sold, loss of profit or any other loss or damage arising directly or indirectly from defects in or the use of the Products. ONDILO shall not be held liable for any damage resulting from the misuse of the product purchased by the consumer themselves or by a third party.

Similarly, ONDILO’s liability does not extend to the use, or the consequences of the use, made by the Customer or a Third Party of the Products, Services and accessories supplied. ONDILO cannot be held liable for any data entry errors made by the consumer on the website www.ondilo.com.

ONDILO shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenue, whether caused directly or indirectly, or for any loss of data or other irrecoverable losses, arising from access to or use of, or the inability to access or use, the Products, as well as from access to, the unauthorised use or modification of transmissions or content.

ONDILO shall not be held liable for any delay in the performance of its obligations or for any failure to perform them where such delay or failure is attributable to an event of force majeure, as defined in Article 1218 of the Civil Code (formerly Article 1148 of the Civil Code). Once the ordered products have been delivered, ONDILO shall only be liable in relation to complaints and privacy matters.

Under no circumstances shall ONDILO’s liability, in respect of all types of damage combined, exceed the price of the relevant Products and Services for all claims relating thereto. Failure by the Customer to comply with the General Terms and Conditions of Sale shall entitle ONDILO to interrupt, suspend or terminate access to the Customer’s personal account, without prejudice to ONDILO’s right to claim any damages to which it may be entitled.

ONDILO reserves the right to cease, in whole or in part, the sale of the Products and Services at any time, by notifying the Customer by any means. Under no circumstances shall the cessation of sales give rise to any compensation or damages payable to the Customer.

Article 14: Applicable law in case of dispute

The language of the present contract is French. The present Terms and Conditions are subject to the French law. In case of dispute, the French courts will be the only ones competent. ONDILO wishes to reach an amicable settlement between the company and the consumer. If no agreement can be reached, the consumer can resort to a mediation agreement procedure or a competent court. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr

Article 15: Intellectual property

All elements of the website www.ondilo.com are and stay the intellectual and exclusive property of the company ONDILO. No individual is allowed to replicate, exploit, diffuse or use in any way whatsoever, even partially, the elements of the website, should they be software, visuals or sounds. Any simple link or hypertext link is strictly prohibited without a prior written agreement from the company ONDILO. The consumer recognizes that the content of the site, the Products and Services, the text, photographs, illustrations, design, videos, programs, data base, sounds, graphics, logos or any information or support presented by ONDILO are protected by copyright, patent and trademark right and any other intellectual property right. Any use, replication, extraction non-authorized by ONDILO under the present specifications is illegal, according to article L.122-6 of the French intellectual property code.

Article 16: Personal data

ONDILO reserves the right to collect personal information and personal data relating to the customer. This information is necessary for the processing of orders, as well as for improving the services and information provided to customers. It may also be passed on to companies involved in these transactions, such as those responsible for the fulfilment of services and orders, for the purposes of their management, fulfilment, processing and payment.

This data may also be used by a service provider working on behalf of ONDILO to compile statistics with a view to improving its website and the goods and services it offers. This information and data is also retained for security purposes and to comply with legal and regulatory obligations. In accordance with the Act of 6 January 1978, you have the right to access, rectify and object to the personal information and data concerning you, directly on the website.

By agreeing to create a personal account, the consumer agrees to provide personal information for the purposes of order management and the delivery of products and services. The collection and processing of Personal Data, which take place when the consumer uses the Services, are carried out in accordance with Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties, known as the ‘Data Protection Act’ . The consumer’s data is processed by ONDILO for the management of its customer database, which involves the management of the company’s pre-contractual and contractual relationships.

ONDILO reserves the right to use this data for marketing purposes. In accordance with the French Data Protection Act of 6 January 1978, consumers have the right to access, correct, amend and delete their personal data.

To exercise this right, simply send your request by post to ONDILO’s head office at 162 Avenue Robert Schuman, 13760 Saint-Cannat, or by email to contact@ondilo.com.

ONDILO makes use of the services of a Data Protection Officer from the La Belle de Mai incubator; if you have any questions, please contact him at cil@ondilo.com

Article 17: Cookies

ONDILO reserves the right to use cookies: it’s a computer file, stored on the hard disk of the consumer’s computer. It allows the company to recognize the customer, signal his previous visit on the site, collect information about the website visit (connection time, visited pages etc…) The cookies can be stored in the computer up to twelve (12) months and can be read and used by ONDILO for the consumer’s next visit on the website. The consumer has the right to oppose the storage of cookies by configuring his computer for that purpose. The storage and registering of the cookies is done differently according to the browser used by the customer. When the consumer deletes the cookies on the website www.ondilo.com, he must re-enter the information about him.

Article 18: Intellectual property

The consumer acknowledges that the content of the Site, Products and Services, texts, photographs, illustrations, design, videos, software, databases, sounds, graphics, logos, or any information or support presented by ONDILO are protected by copyright, trademark and patent law and any other intellectual property right. Any use, reproduction, extraction not expressly authorised by ONDILO under the present terms is illegal, in accordance with Article L.122-6 of the Intellectual Property Code.

Article 19 – Archives

The company ONDILO will archive purchase orders and invoices on a liable and lasting support constituting an exact copy in accordance with the provisions of article 1348 of the French civil Code. The computerized records of the company ONDILO will be considered by all concerned parties as proof of communication, orders, payments and transactions between the parties.

Article 20 : Cession

The Terms and Conditions, as well as the rights granted under the present terms and conditions, cannot be transferred nor ceased by the consumer, but can be ceased by ONDILO without restriction. Any transfer or ceasing attempt in violation of the present statement will be null and void.