These General Terms and Conditions of Sale (GTCS) govern all sales of products concluded between iPoolGo and its customers, acting as consumers or non-professionals, through its website and/or any other marketing channel.
These T&Cs are drawn up in accordance with the provisions of the French Civil Code, the French Commercial Code and the French Consumer Code, and constitute the sole basis of the commercial relationship.
All of the following stipulations are accepted by the Client at the time of placing the order. They take precedence over any other document issued by the Client.
TITLE I – GENERAL PROVISIONS AND PRODUCTS
PURPOSE AND SCOPE
These T&Cs apply without restriction or reservation to the sale of the following products marketed by iPoolGo: inflatable pools, filtration pumps, accessories and derivative products.
They are aimed exclusively at consumers and non-professionals, within the meaning of the introductory article of the Consumer Code.
PRODUCTS AND REPORTING REQUIREMENTS
2.1. Compliance and Standards
The products offered for sale by iPoolGo comply with the French and European legislation in force, as well as the standards applicable in France (in particular the EN standards relating to inflatable swimming pools for domestic use).
2.2. Detailed description (Article L.111-1 of the Consumer Code)
Each product is accompanied by a detailed sheet presenting its essential characteristics:
- Technical description and functionalities;
- Precise dimensions (with mention of industrial tolerances);
- Manufacturing materials;
- Installation, use and safety instructions.
2.3. Industrial tolerances
Slight variations, in particular of a dimensional, shape, colour or texture nature, resulting from industrial manufacturing processes, cannot be considered as a lack of conformity. The Client is expressly informed of them and accepts them.
TITLE II – FORMATION OF THE CONTRACT
PRICES AND PAYMENT TERMS
3.1. Prices
The prices of the products are indicated in euros (€) including all taxes (TTC). They include Value Added Tax (VAT) at the current legal rate.
The prices displayed do not include delivery costs, which are indicated separately to the Customer before the final validation of the order.
iPoolGo reserves the right to change its prices at any time. However, the rate applicable to the Client is the one in force on the day the order is validated.
3.2. Placing an order
The ordering process follows the legal steps of “double-clicking”. The order is deemed firm and definitive as soon as the payment is confirmed by the Client. The validation is formalized by the sending of a confirmation email by the Seller.
3.3. Summary and evidence
In accordance with Article L.221-14 of the French Consumer Code, the Customer receives an order summary. The data recorded by iPoolGo constitutes proof of all transactions between the Seller and the Customer.
3.4. Refusal to cancel an order
The Seller reserves the right to cancel or refuse any order in the event of:
- Manifestly incorrect or incomplete Customer information;
- Actual unavailability of the product;
- Suspicion of fraud in the use of the means of payment.
3.5. Payment
The accepted means of payment are:
- CashApp;
- Chime;
- Apple pay;
- Bank transfer;
- Split payment via an approved payment service provider.
The Seller reserves the right to suspend or cancel any execution of an order, regardless of its nature and level of execution, in the event of non-payment or any payment incident.
TITLE III – PERFORMANCE OF THE CONTRACT
DELIVERY
4.1. Deadlines and procedures
The delivery times are communicated to the Customer before the order is validated, in accordance with Article L.216-1 of the Consumer Code. These deadlines run from the date the order confirmation email is sent. Deliveries depend on stock at the time of order and products at sea or in process, which may result in additional delays of up to 4 months.
4.2. Risk transfer
The transfer of the risks of loss or damage to the goods takes place at the time the Client (or a third party designated by him) takes physical possession of the products (Article L.216-4 of the Consumer Code).
4.3. Verification on receipt
It is the Customer’s responsibility to check the condition of the package and products upon receipt. In accordance with Article L.133-3 of the French Commercial Code, any anomaly (damage, missing product in relation to the delivery note, damaged package, broken product) must be:
- Immediately notified by the Client on the carrier’s delivery note, in the form of precise and reasoned handwritten reservations;
- Confirmed in writing to Seller and the carrier by any means (ideally with photographic evidence) within forty-eight (48) hours of receipt.
RIGHT OF WITHDRAWAL (Articles L.221-18 to L.221-28 of the Consumer Code)
5.1. Time limit
The Client has a period of fourteen (14) calendar days from receipt of the last goods ordered to exercise their right of withdrawal, without having to justify any reason or incur penalties.
5.2. Return terms and costs
The Customer must inform iPoolGo of its decision by means of an unambiguous statement (letter). The product must be returned, in its new, complete condition and in its original packaging, no later than fourteen days after the communication of its decision to withdraw.
The return costs are entirely at the expense of the Customer (Article L.221-23 of the Consumer Code).
5.3. Legal exclusions (Article L.221-28 of the Consumer Code)
In accordance with the law, the right of withdrawal may not be exercised for:
- Goods that have been unsealed by the Client after delivery and cannot be returned for reasons of hygiene or health protection;
- Goods which, due to their nature, are irreversibly altered by handling (e.g. inflation, immersion, or use of the product).
Specific clause for inflatable swimming pools: any inflatable pool that has been inflated, filled with water or used falls within the scope of this exception, as the alteration makes it impossible to subsequently market it as a new and hygienic product.
5.4. Refund
iPoolGo will refund all amounts paid, excluding initial delivery costs, no later than fourteen (14) days following the collection of the goods.
TITLE IV – LEGAL AND COMMERCIAL GUARANTEES
iPoolGo warrants that the products sold comply with applicable regulations and are free from manufacturing defects at the time of delivery.
LEGAL WARRANTIES
6.1. Legal guarantee of conformity (Articles L.217-3 et seq. of the Consumer Code)
Deadline: the Client has a period of two (2) years from the delivery of the goods to act.
Presumption: Lack of conformity that appears within twenty-four (24) months of the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.
The Client may request compliance by repair or replacement. iPoolGo may refuse the chosen method if it is impossible or entails a cost that is manifestly disproportionate to the other method (Article L.217-12).
6.2. Warranty against latent defects (Articles 1641 et seq. of the Civil Code)
The Seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them. The action must be brought within two years of the discovery of the defect.
6.3. Express exclusions from the commercial warranty
The commercial warranty does not apply to damage resulting from:
- Improper use / installation: mechanical damage (punctures, cuts, abrasions, shocks, kinks due to improper storage or failure to follow inflation instructions);
- Environmental factors: damage caused by excessive heat, overpressure, climatic damage (wind, storm, frost, lightning);
- Lack of maintenance: deterioration due to incorrect pH maintenance (outside the range 7.0-7.6), a lack of daily filtration or inadequate winter protection;
- Normal wear and tear: simple natural wear and tear of materials due to use;
- Non-domestic/professional use: use in a context other than private and family.
Activation of the warranty requires the presentation of the purchase invoice, photographic and video evidence of the defect, as well as the batch number of the product concerned.
TITLE V – LIABILITY AND DISPUTE RESOLUTION
iPoolGo’s LIABILITY
In accordance with articles 1240 et seq. of the French Civil Code, iPoolGo cannot be held liable for damages resulting from:
- Negligence or failure to comply with the Customer’s installation, use, maintenance and safety instructions (including the obligation to supervise children at all times);
- A case of force majeure or the act of a third party.
In any event, the Seller’s civil liability is expressly limited to the amount paid by the Client for the product concerned, unless otherwise required by mandatory law.
USE – SAFETY (Essential Obligations)
The Customer acknowledges that compliance with the obligations below is essential for the safety and durability of the product, and that failure to comply with them may exclude the Seller’s liability.
- Installation: the pool must be installed on a flat, clean surface without roughness;
- Personal safety: in accordance with the Public Health Code, the Client is solely responsible for the permanent and close supervision of children and undertakes never to allow diving in an inflatable pool.
PERSONAL DATA (GDPR)
iPoolGo undertakes to process the Customer’s personal data in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act. The data is collected solely for the purpose of contract performance, after-sales service and, with consent, for commercial purposes. They are neither sold nor transferred. The Client has the rights of access, rectification, deletion, opposition and portability.
FORCE MAJEURE (Article 1218 of the Civil Code)
iPoolGo cannot be held liable for the non-performance of its obligations in the event of the occurrence of a force majeure event within the meaning of Article 1218 of the Civil Code (strike, logistical disruption, exceptional weather, war, pandemic, cyberattack, etc.) of an unforeseeable and irresistible nature.
MEDIATION AND APPLICABLE LAW
12.1. Dispute resolution and mediation
In accordance with Article L.612-1 of the Consumer Code, the Customer, after having sent a prior written complaint to the Seller that has remained unsuccessful, has the option of using an approved consumer mediator free of charge for the amicable resolution of the dispute. CM2C – Centre de la Médiation de la consommation de conciliateurs de Justice, 4 Rue Saint-Jean, 75017 Paris – www.cm2c.net