1. Preliminary Information
• Purpose: www.fluotechnik.com is freely accessible and available to any internet user. Its purpose is the online sale of fluorescent dyes and pigments, tracers, and other materials for leak detection, hydrology, and industry.
• Acceptance of the General Conditions: Placing an order on this website implies the acceptance of these general conditions by the internet user. By doing so, the internet user acknowledges having fully read and waived their own conditions. This acceptance consists of ticking the box corresponding to the following statement: "I acknowledge that I have read and accepted the general terms and conditions of sale and use of the website."
Ticking this box will be considered equivalent to a handwritten signature. The internet user acknowledges the evidential value of the automatic recording systems of the publisher of this website and, unless they provide evidence to the contrary, they waive the right to contest these systems in case of a dispute. Acceptance of these general conditions requires that the users be over 18 years of age and legally competent according to the laws of their country or hold a mandate if they are acting on behalf of a legal entity.
The products sold on this website may be dangerous. They should be used in accordance with their instructions for use, safety data sheets (SDS), and under the responsibility of an adult. The products must not be handled by minors under any circumstances.
Safety Data Sheets (SDS) available upon request indicate the composition of the products, precautions for use, including hazard identification, measures to be taken in case of an accident, and handling and storage precautions. The SDS must be read before any use and for each use of the products.
The risks associated with the use of the products are mentioned on the product packaging and the safety data sheet (SDS). By purchasing the product, customers declare that they are fully informed of all risks, even exceptional ones, related to the use of the product subject to the sale and undertake to use the products under their responsibility, as a prudent person.
3. Subscription Method of Orders and Description of the Purchase Process
The availability of products is indicated on the website, in the description of each item.
The publisher reserves the right not to follow up on an order from a customer with whom there is a dispute concerning the payment of a previous order or if the ordered product cannot be sold to a consumer. To place an order, internet users can select one or more items and add them to their shopping cart. Once their order is complete, they can access their shopping cart by clicking on the designated button. By reviewing their cart, internet users can check the number and nature of the items they have chosen and verify their unit price as well as the total price of the order. They will have the option to remove one or more items from their cart.
This summary will also indicate to internet users whether or not they have the right to exercise their right of withdrawal and the applicable deadlines. If their order is satisfactory, and they wish to proceed, internet users can click on the "validate" button, and then they will be directed to a form in which they can either enter their login credentials if they already have them or register on the website by completing the presented form with their personal information.
Once they are logged in or after they have completed the form, customers will be prompted to check or modify their delivery and billing information and will then be invited to make their payment by being redirected to the secure payment interface.
Once payment is received by the website's publisher, the latter undertakes to acknowledge receipt of it to the customer electronically, within a reasonable time. Similarly, within the same time frame, the publisher undertakes to send the customer a summary email of the order, confirming its processing, and including all the information relating to the order, the products ordered, their delivery, as well as the terms for exercising their right of withdrawal.
In accordance with the current legislation, professionals do not have any right of withdrawal.
The prices indicated on the website are in Euros, all taxes included, excluding delivery costs. These prices may be changed at any time by the publisher; the displayed prices are valid only on the day of the order and do not have any effect for the future. The prices are firm, without discount, rebate, or reduction.
Delivery costs will, in any case, be indicated to the customer before any payment and only concern deliveries made in metropolitan France, including Corsica. For any other place of delivery, it is the customer's responsibility to contact customer service.
5. Retention of Title Clause
The products sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the professional buyer upon delivery of the products to the first carrier, and to the consumer buyer upon delivery.
6. Payment Information
Internet users can place an order on this website and make their payment by bank transfer, French check made payable to PAVIQUA, PayPal, and credit card via PayPal, or administrative payment.
Payments by credit card are made through secure transactions provided by the PayPal service provider. The publisher of this website does not have access to any data relating to the user's means of payment. The payment is made directly to the bank.
In case of payment by check or bank transfer, the delivery times defined in the article below will only begin to run from the date of receipt of payment by the publisher, the latter being able to prove this by any means.
Orders are payable in advance. However, the failure to pay any amount due to the publisher at its due date will result in the imposition of late penalties equal to three times the legal interest rate. These penalties will be due from the day following the due date of the unpaid amounts, without any prior formal notice.
• Delivery Time
Orders are delivered by DPD or any carrier designated by the publisher within a period of seven to thirty working days from the full receipt of the price corresponding to the order.
However, certain products or order volumes may justify a longer delivery time, and this will be expressly mentioned to the consumer when validating the order.
Exceeding the delivery times cannot lead to damages, refusal of products, or cancellation of orders by the professional customer.
However, if one month after the initially scheduled delivery date, the delivery cannot take place for any reason other than force majeure or the fault of the customer, the cancellation of the order may be requested by the customer.
• Delivery Error and Apparent Defect
The customer undertakes to check the conformity of the product with the order upon delivery. Any delivery error compared to the order or apparent defect must be the subject of a complaint within a period of three clear days from the delivery. After this period, the customer will no longer be able to claim a delivery error or an apparent defect.
• Damage and Partial Loss
Goods are transported at the risk and peril of the professional customer. In the event of delivery of a package that is manifestly and visibly damaged, it is the responsibility of the consumer customer to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay so that a new package can be prepared and sent upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
Similarly, the consumer customer must refuse any incomplete package or containing damaged items. Indeed, in accordance with article L 133-3 of the Commercial Code, the receipt of
8. Consumer Rights Provisions
• Customer Service
The customer service for this website is available from Monday to Friday, from 9:00 AM to 5:00 PM, at the non-premium rate phone number: 04 86 69 63 72, by email at the following address: email@example.com, or by postal mail at the following address: PAVIQUA 9A Parc d'activité BEL AIR 84300 Les Taillades.
In both cases, the publisher undertakes to respond within two business days.
In accordance with current legislation, consumers have a period of seven days from the date of receiving the package to request an exchange or refund. To exercise this right, they must return the package (at their own risk and expense) to the company's headquarters at PAVIQUA 9A Parc d'activité BEL AIR 84300 Les Taillades, accompanied by a letter requesting a refund or exchange. The customer must ensure that the product is returned in conditions that ensure the optimal safety of the transport providers and any other person handling the package.
Any return must be made complete (packaging, instructions, accessories, copy of the invoice), and the returned products must be in perfect resalable condition, free from any stains or damages due to use. Unsealed containers cannot be accepted for return.
In accordance with Article L121-20-2 of the Consumer Code, the customer cannot exercise any right of withdrawal for orders of goods made to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly.
• Delivery Delay
Any delivery delay of more than seven days may lead to the resolution of the sale at the consumer's initiative, upon simple written request from the consumer sent by registered letter with acknowledgment of receipt. The consumer will then be reimbursed for the amounts paid by him/her during the order. This clause does not apply if the delivery delay is due to a case of force majeure, beyond the control of the publisher. In such a case, the customer agrees not to take legal action against the website and its publisher and waives the right to terminate the sale as provided for in this article.
9. Warranty of Products Purchased on this Website
All products sold on this website are marketed in compliance with current legislative and regulatory provisions and have all the necessary approvals for their market release. The mandatory displays (safety data sheet, etc.) required by current legislative and regulatory provisions will be available on this website, notably in the description of each item.
In the event of a defect in a product purchased on this website, consumer customers have, in accordance with the provisions of the Civil Code regarding legal warranty for hidden defects, a two-year period from the discovery date of the defect to request an exchange or refund. Furthermore, under Article L211-5 of the Consumer Code, they will have a two-year period from the receipt of the product to request an exchange or refund in case the delivered good is not in conformity, within the meaning given to this term by the aforementioned article. To exercise any of these rights, they must contact the customer service of this website and provide evidence of the defect or non-conformity.
Hidden defect refers to a flaw in the item that, under normal conditions of use, renders it unsuitable for its intended purpose, and the obligation of conformity refers to the delivery of the item as contractually agreed upon. The publisher of this website is particularly not responsible for the non-compliance with the product's instructions for use or safety data sheets (SDS), improper storage conditions provided by the customer, accidental damages, or damages resulting from abnormal use of the products.
In accordance with current legislation, the publisher excludes any warranty to professionals regarding hidden defects.
10. Personal Space
• Creation of the Personal Space
Creating a personal space is an essential prerequisite for any order by an internet user on this website. To this end, the member will be asked to provide certain personal information. The member undertakes to provide accurate information under penalty of termination of the contract at the publisher's initiative and deletion of the client's account.
Certain information will be deemed essential for the conclusion of the contract, and their collection will be necessary for the creation of the personal space and the validation of the contract's conclusion. The refusal by a member to provide such information will result in preventing the creation of the personal space and, incidentally, the validation of the order.
This space allows the customer or member to consult all their orders placed on the site, modify their personal information, or track the delivery of purchased goods.
If the data in the personal space section were to disappear due to an accident, technical failure, or force majeure, the publisher of this website could not be held liable, as this information is for informational purposes only. However, the publisher undertakes to securely retain all contractual elements required by law or regulations in force.
The publisher reserves the exclusive right to delete the account of any member who would violate these general conditions (especially, but not exhaustively, when the member has knowingly provided false information during their registration and the creation of their personal space) or any inactive account for at least one year. The deletion shall not constitute any damage for the excluded member, who cannot claim any compensation for this reason.
This exclusion does not preclude the possibility for the publisher to undertake legal proceedings against the member when the facts justify it.
When creating the personal space, the internet user will be asked to choose a password. This password is the guarantee of the confidentiality of the information contained in the "my account" section, and the internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the website cannot be held responsible for unauthorized access to a member's account.
11. Information on the Data Protection Act, January 6, 1978
• General Information – Purpose – Duration Internet users have the free choice to provide personal information about themselves.
The provision of personal information is not essential for browsing the website. However, registration on this website requires the collection, by the publisher, of certain personal information concerning internet users. Internet users who do not wish to provide the necessary information for the creation of a personal space will not be able to place orders on the website.
The data collected is necessary for the proper administration of the services offered on this website and compliance with its contractual obligations by the publisher. This data is kept by the publisher solely for this purpose, and the publisher undertakes not to use it for any other purpose or transmit it to third parties, except with the express consent of users or as provided by law.
The contact details of all users registered on this website are stored for a maximum period of six months from the deletion of the member's account, a reasonable duration necessary for the proper administration of the website and normal use of data. This data is kept securely, using current technological means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
• Right of Access, Rectification, and Deletion
In accordance with this Act, users have the right to oppose, question, access, and rectify the data they have provided. To do so, they simply need to make the request to the publisher of this website, by formulating it at the following email address: firstname.lastname@example.org, or by postal mail to the address of the publisher mentioned at the beginning of these general conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the website's publisher.
The data controller is Mrs. Paillet Audrey
The data collected is not transferred abroad.
CNIL declaration number:
• IP Address
The publisher must provide all personal data related to an internet user to the Police (upon judicial requisition) or to any person (by order of the judge). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Providers).
12. Information on the Collection of "Cookies"
• General Information – Purpose – Duration
The user has the option to block, modify the duration of storage, or delete this cookie via their browser's interface (usually: tools or options / privacy or confidentiality). In such a case, browsing this website will not be optimized. If the systematic disabling of cookies on the user's browser prevents them from using certain services or features provided by the publisher, this dysfunction cannot constitute any damage for the member, who cannot claim any compensation for this reason.
• Deletion of Cookies
Internet users also have the option to delete cookies previously present on their computer by going to the appropriate section of their browser's menu (usually: tools or options / privacy or confidentiality). Such an action will not impact their navigation on this website but will cause them to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.
13. Exoneration of the Publisher's Liability in the Execution of this Contract
In the event of the website's unavailability due to technical problems or any other reason, the customer cannot claim damages and cannot be entitled to any compensation.
The publisher cannot be held responsible for the non-performance or improper performance of the contract that may be directly or indirectly attributable to the customer's actions or a case of force majeure, as defined by French law.
The unavailability, even prolonged and without any limiting duration, of one or more products cannot constitute prejudice for internet users and cannot in any way give rise to damages and interests from the website or its publisher.
The visual representations of the products published on this website are guaranteed by the publisher to be perfectly faithful to reality to fulfill its obligation of perfect information. However, given the current state of technology, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and the screen or the display resolution. These variations and differences cannot, under any circumstances, be attributed to the publisher, who cannot be held liable for this.
The products sold on this website are marketed in compliance with current legislative and regulatory provisions in France. Therefore, the publisher cannot be held responsible for the non-compliance with the regulatory and legislative provisions in force in other countries.
Products that must be used according to their instructions for use and after reading their safety data sheet (SDS) will be used under the customer's (or user's) responsibility, who must assume all consequences (injury, pollution, etc.). In case of a fault attributable to the publisher in the execution of this contract, their liability will be limited to direct material damages caused to the professional customer, excluding immaterial or indirect damages such as loss of business, profits, opportunities, commercial damage, or loss of profit. In any case, the publisher's liability will be limited to the amount of the order.
The publisher excludes any warranty for damages caused to goods that are not used by the victim primarily for private use or consumption.
The hypertext links present on this website may refer to other websites, and the responsibility of the publisher of this website cannot be engaged if the content of these websites contravenes the laws in force. Similarly, the publisher of this website cannot be held responsible if the visit to one of these websites causes harm to the internet user.
14. Miscellaneous Clauses
For the purposes of these terms, notably articles 1382, 1383, and 1384 paragraph 1 of the Civil Code are transcribed:
• Article 1382:
Any fact of a person that causes damage to another obliges the person through whose fault it occurred to compensate for it.
• Article 1383:
Each person is responsible for the damage they have caused, not only by their act but also by their negligence or imprudence.
• Article 1384:
A person is not only responsible for the damage caused by their own act but also for that caused by the act of the persons for whom they are responsible or by the things they have in their care.
15. Intellectual Property Rights Related to the Elements Published on this Website
All elements constituting this website belong to the publisher and are therefore protected by legislation on intellectual property rights. Internet users acknowledge that, without authorization, any total or partial copy and any dissemination or use of one or more of these elements, even modified, may be subject to legal action against them by the publisher or its rights holders. This protection applies to all textual and graphic content of the website, as well as its structure, name, and graphic design. Safety data sheets (SDS) are also protected under intellectual property rights.
16. Modification of the General Conditions
These general conditions may be modified at any time by the publisher of the website or its agent. The general conditions applicable to the user are those in force on the day of their order. The publisher undertakes, of course, to retain all its former general conditions and to send them to any user who requests them.
17. Applicable Law and Competent Jurisdictions
These general conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The contract's language is French. In case of a dispute with a professional customer, the exclusive jurisdiction is attributed to the courts of Avignon.
18. Amicable Dispute Resolution
Except for public policy provisions, any disputes that may arise in the execution of these general conditions may, before any legal action, be submitted to the publisher of the website for amicable resolution. It is expressly reminded that requests for amicable settlement do not suspend the time limits for legal actions.
If one of the clauses in these general conditions is declared null and void by a court decision, this nullity shall not affect the nullity of all other clauses, which shall continue to be effective.
The publisher's failure to enforce one or more clauses of these general conditions, either on a temporary or permanent basis, shall not constitute a waiver of the rest of the general conditions.