General Terms and Conditions
Article 1: Definition
“ICO” refers to a connected object that connects the pool to the user. ICO also designates the smartphone application the user downloads on his phone. This application is developed and commercialized by ONDILO company, functioning only and exclusively with the connected device ICO. 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). The “site” designates the web platform of ONDILO for the sale and promotion of Products and Services available on www.ico.ondilo.com The “consumer” is a physical person acting outside of all professional activity to procure a good in order to satisfy personal of familial needs. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr
Article 2: Application Fields
The present General Terms and Conditions of sale define the rights and obligations of the contracting parties between the company ONDILO, simplified joint-stock company (the publisher of the site www.ondilo.com) registered to the trade and Companies register under number B 818 423 626 000 14, and 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 included in the legal categories of consumers, concerned with the implementation modalities and the conditions to which the sales of products and services via the website are concluded. The present General Terms and Conditions concern all the products and services sold on the site www.ondilo.com, excluding the following products: The ICO application, subject to the general terms and conditions of use during the application settings. Those terms and conditions of sale apply without restriction or reserve to the overall sales of products and supplied services carried out by the company ONDILO on the website. The Consumer recognizes having a complete and perfect information concerning the Products and the Services and in particular their essential features and having been invited to consult the Terms and Conditions of Sale. The consumer recognizes having read and accepted without any reserve the present Terms and Conditions that prevail over any other document. Every order on the site www.ondilo.com signifies a full acceptance, without restriction or reserve of the present terms and conditions. The company ONDILO reserves the right to make subsequent changes to these Terms and Conditions, the applicable version being the one in effect at the definitive validation date of the order by the customer.
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 indicated in euros (€) inclusive of taxes (VAT and other taxes applicable at the date of the order), unless otherwise stated and excluding shipping and processing costs. The shipping amounts are indicated on the purchase order In the case of an order towards another country than metropolitan France, you are the importer of the product(s) concerned. The import duty and other local taxes, import rights or state taxes are likely to be payable. Those rights and amounts are not under the company ONDILO’s control. These charges will be for you to assume and are part of your responsibility, in terms of declarations as well as in terms of payment to the authorities and competent organisms of your country. We recommend that you get further information about those aspects from your local authorities. All of the orders, whatever their origins, are payable in euros. The company ONDILO reserves the right to change its prices at any moment; however, the product will be invoiced on the basis of the price in effect at the moment of the validation of the order and is subject to availability. No order will be treated nor sent before effective reception by ONDILO of the total price. The products stay the company ONDILO’s property until final and complete payment. Warning: As soon as you physically possess ordered products, the risks of loss and damage of the products are transferred to you.
Article 5: Orders
You can place an order:
- On internet: www.ondilo.com
5.1 Order placement
Before any order, the consumer can take note of technical features of the Products and Services by consulting the presentation cards available on the site www.ondilo.com By accepting to create a personal account, the consumer agrees to provide personal information for internal management and shipping of products and services. During the order placement, the consumer has to ensure that the product ordered on www.ondilo.com corresponds to his or her expectations. Once the validation of the order carried out, the “buy” button being clicked on, the consumer has access to a detailed summary description of the order, allowing him to check the accuracy of the elements of the order and giving him as well the possibility to change certain information if needed before firmly confirming his order by clicking on the “confirm” button. The definitive confirmation of the order by the consumer equals firm and definitive commitment to acquire the products and services concerned. The order is deemed final when it has been expressly confirmed by the company ONDILO by mail (mail including the confirmation of the order, the acceptance of the payment and delivery time), and the sale of Products and Services will only be effective when payment of the correspondent price by the consumer. The contractual information is presented in French and will be subject to a confirmation at the validation of the order, at the latest. The company ONDILO reserves the right not to record a payment and not to confirm an order for any reason that may be, and particularly in the case of supplying problem, or in the case of difficulties concerning the received order. In accordance with the dispositions of the article L.121-11 of the French consumer code, ONDILO has the right to refuse any order with a legitimate motive, especially in case of payment problem, predictable difficulties with the delivery, abnormal order or order placed on bad faith.
5.2 Order modification
Any order confirmed and signed by the Customer constitutes a firm and definitive sale. Any order modification requested by the Customer can only be taken into consideration if it is received in writing or by telephone in the shortest time possible and accepted expressly by ONDILO. In case of acceptance of the order modification by ONDILO, additional expenses may be charged to cover the costs for order cancellation and/or the possible costs linked to the modification procedure. Any order change can cause a delay in the delivery of the Product and/or Service as well as a change in the 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
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform Ondilo : ONDILO 162, Avenue Robert SCHUMAN, 13760 SAINT-CANNAT . Email contact: email@example.com / Hotline Support of your decision to cancel this contract by a clear statement and understandable declaration by registered letter to ONDILO 162, Avenue Robert SCHUMAN, 13760 SAINT-CANNAT and/or send an email to: firstname.lastname@example.org. An email with the product return process will be sent to your email address. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Please handle all items with care. To receive a full refund products must be returned in their original condition and complete (accessories, instructions, packaging). When returning items, please pack the products carefully to avoid damage during transport. In the case of use not in accordance with the recommendations of use of our products that could be found by Ondilo upon receipt of the product returned by the user, Ondilo reserves the right to claim penalties for loss of value of the product. In the case of a problem with your ICO, contact ONDILO Company on email@example.com so that our technical staff can understand how to resolve the problem. In the case of use of the withdrawal right, the company ONDILO will proceed to the refund within a period of 14 days following your demand and via the same payment method used for the order. In the context of the use of the withdrawal right, the customer recognizes he is in charge of the return costs of the product and agrees to keep the justification of the shipment of the product. ONDILO proceed to the refund by using the same payment method used for the order.
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:
- 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
According to article L.217-5 of the French consumer code, the product complies: « 1° If it is appropriate for the use normally expected from such a good and, if not: – If it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; -If it possesses the qualities that a buyer can legitimately expect regarding the public declarations made by the seller, by the producer or by his representor, particularly in the advertising or labelling. 2° Or if it presents the characteristics defined by a mutual agreement between all parties or if it can appropriately be used for something special, required by the buyer and having informed the seller about it, who has agreed ». The customer is given twenty-four (24) months from the delivery date of the product to take action upon this statement, and can choose between the repair or replacement of the product, subject to the costs conditions laid down in article L.217-9 of the French consumer code.
10.2 Legal warranties against hidden defects
According to article 1641 of the French consumer code : « The seller is liable for hidden defects of the sold product that makes it unfit for the intended use or that diminish so much the use so that the buyer would not have bought it or would only have given a small price for, if he had known about those defects ». The customer is given twenty-four (24) months from the day the defect is noticed to take action upon this statement, and can choose between the cancellation of the product or a price reduction, according to article 1644 of the French consumer code.
10.3 Procedure and execution terms of legal warranties
The compliance of the products (condition, lack of defects, quantity…) must imperatively be verified by the consumer during the reception. For any return request in the context of implementation of the legal guarantee, the consumer must imperatively inform the company ONDILO within 7 days after reception of the ordered product, by mail on firstname.lastname@example.org. The mail must imperatively include all information necessary to the processing files: Exact contact details, order number and description of the encountered problem. The products must be returned in the same condition as the consumer received them, with all the elements (accessories, packaging, instructions manual…). The sending costs will be refunded on the basis of invoiced price and the return costs will be refunded on presentation of an invoice
Article 11 – Delivery
The products are delivered to the delivery address provided by the consumer during the process of ordering, in the time indicated on the validation page of the order. The delivery time indicated by the company ONDILO is strictly indicative, ONDILO can only be held responsible if the delay exceed 2 months. ONDILO reserves the right to cancel the orders without compensation, in the case of a force majeure that prevents its normal execution. The events such as strikes, lack of transport, fire, flood, damaged material, wars, riots, epidemic, and accident, either at ONDILO or at one of its supplier will be considered force majeure, even if they are only partial and whatever the cause is. This enumeration is not restrictive. In the case of an expedition delay, a mail will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. According to the legal provision, in case of delayed delivery, the consumer is given the possibility to cancel his order in the terms and conditions defined at article L 138-2 of the French consumer code. If in meantime the consumer receives the product, the company ONDILO will proceed to the refund of the product and of the transporting costs subject to the conditions of article L 138-3 of the French consumer code. ONDILO does everything it can so that the sending and transporting procedures are done in the best conditions and as soon as possible. During the delivery, done by the transporter, ONDILO cannot be held responsible for any delivery delay exclusively due to the customer’s unavailability after several meeting propositions. The delivery costs are at the charge of the consumer and are added to the product’s price at the moment of the order (except in case of use of a promotional coupon exempting these costs). They are calculated according to 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 of our products are subject to the legal compliance warranty and to the guarantee of hidden defects, provided for in articles 1641 and the ones to follow. In the case of non-compliance of the sold product, it can be returned, exchanged or refunded. Any claims, exchanges or refund request must be done on email@example.com within the 30 days of delivery time. The products must be returned to us in the same condition that you received them with all of the elements (accessories, packaging, instructions manual…).The sending cost will be refunded on the basis of invoiced price and the return cost will be refunded after presentation of justifications. The provisions of this Article do not prevent you from benefiting from the withdrawal right, provided for in Article 6.
Article 13 – Responsabilities
The products proposed are in conformity with the French legislation in effect. The company ONDILO cannot be held responsible in the case of non-respect of the legislation of the country the product has been delivered to. It is the consumer’s responsibility to check with the local authorities the possibilities of importation or use of products or services that you are considering buying. The company ONDILO cannot be held responsible for any inconvenient or damages related to the use of the Internet network, in particular a service breakdown, an outside intrusion or the presence of computer virus, and more generally, of all risks associated to the connection and the transmission of data on the Internet. ONDILO cannot be held responsible for damage compensations for injury to persons, damage to goods (separated from sold products), loss of earnings or any other prejudice arising directly or indirectly from defects or use of Products. The company ONDILO cannot be held responsible for damages resulting from a misuse of the product bought by the consumer himself or by a third party. Similarly, ONDILO’s responsibility cannot be extended to the use and consequences of use that the customer or a third party of the Products, Services and delivered accessories. The company ONDILO cannot be held liable for entry errors by the consumer on the website www.ondilo.com. ONDILO is not responsible for indirect damages, accessories, individuals, consequential or punitive or of any loss of profit or revenue, should they be caused directly or indirectly, or any loss of data or other unrecoverable loss, resulting from the access or use or inability to access or use the Products. ONDILO cannot be held responsible for the delay in the execution or inexecution of its obligations when the delay or inexecution is imputable to an event defined as force majeure, as it is defined in article 1218 of the French consumer code (former article 1148 of the French Civil code). As soon as the delivery of the ordered products has been carried out, ONDILO only assumes the responsibility linked to the articles claims and private life. ONDILO’s responsibility can by no means exceed the price of the Products and Services concerned for any claims linked to them. Failure of the customer to respect the present Terms and Conditions will lead to the right of ONDILO to interrupt, suspend or cancel the access to the customer’s personal account, without prejudice to the right to all compensation damages the company would be entitled to. ONDILO reserves the right to cease, entirely or partially and at any time the commercialization of the Products and Services, informing by any means the customer. The end of the commercialization can by no means result in compensation or repair for 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
The company ONDILO reserves the right to collect nominative information and personal data concerning the consumer. These information and data are necessary to the order management, as well as the improvements of the services and information addressed to the consumers. They can also be transmitted to the companies that contribute to these relations, such as the ones in charge of the execution of services and orders for their management, execution, processing and payment. These data can also be used by one of the company ONDILO’s provider to establish statistics in order to improve its website, its goods and services proposed. These information and data are also kept for security reasons, to respect the legal and legislative obligations. According to the 6 January 1978 law, you dispose of a right of access, rectification and opposition to the nominative information and the personal data about you, directly on the website. By accepting to create a personal account, the consumer agrees to provide personal information which is necessary for order management and delivery of Products and Services. The collection and the processing of personal data, done when the consumer use the services are realized in accordance with the law 78-17 of January the sixth 1978, related to computing , to files and freedoms, called “Computing and Liberties”. The consumer’s data are processed by the company ONDILO for the management of the customer file, which induces the management of pre contractual and contractual relations of the company. ONDILO reserves the possibility to realize a commercial prospection on the basis of these data. In accordance with the law “Computing and Liberties” of January, 6th, 1978, the consumer have the right of rectification, modification and deletion access, about their personal data. To exercise this right, you simply need to address your request by regular postal mail to ONDILO’s headquarter: 162, Avenue Robert SCHUMAN, 13760 SAINT-CANNAT or by e-mail to firstname.lastname@example.org. ONDILO benefits from the services of a computing and freedoms correspondent from La belle de mai, if you have any question, you can contact him by writing to email@example.com
Article 17: Cookies
Article 18 – Propriété intellectuelle
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.