Preamble/ Identity of the seller/ Access to professional and commercial rules (if applicable)
The preamble recalls the objective of the general conditions of sale. It also serves as a reminder, where applicable, that certain products for sale on the site are subject to special conditions of sale. The preamble also provides information on the professional and commercial rules to which the seller intends to comply, if applicable.
These conditions indicate in particular the following information:
- The means of reproduction and archiving of these conditions
- Legal notices of the GelwaterGun site
- The general conditions of use of the GelwaterGun site
- The essential characteristics of the goods offered
- The different steps to follow for concluding the contract online
- Technical means of identifying and correcting errors made during data entry
- Languages offered
- The terms of archiving and access to the contract
- The means of consulting the professional and commercial rules to which the seller intends to comply
- Legal and contractual guarantees
- Delivery times, costs and terms
- Delivery tracking and costs of remote communication techniques
- The price
- Payment terms and security means
- Details of how to exercise the right of withdrawal,
- The duration of the contract and validity of the price.
Last updated on 06/06/2023
GelwaterGun is a service provided by MNS CORP
Email: contact@gelwatergun.com
It is previously specified that these conditions exclusively govern sales, through the GelwaterGun site.
These conditions are aimed at a consumer who has full legal capacity. These conditions apply to all orders that you place on this site.
GelwaterGun is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) come from the information given by the supplier. However, GelwaterGun is respectful of quality and current manufacturing standards.
If the product and/or characteristics do not correspond to the product received by the customer. We invite you to visit our GelwaterGun website refund policy.
These general conditions are presented in French.
Section 1 - The different steps to follow for concluding the contract online
- Order
On the Internet: https://GelwaterGun.with or www.GelwaterGun.with
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click "Add to Cart." At any time while browsing our site, you can validate your order by clicking on “Payment”.
- Validation of the contract
When you click on “Payment”, a confirmation message appears. It summarizes all the products and options selected. On this page, you can either update your basket by modifying quantities and/or deleting item(s), or continue by checking the box: “I accept the T&Cs” and “Secure payment” .
You must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, digital code, telephone numbers, etc.) The prior collection of the Internet user's identification elements (first name , name, email address, bank details, etc.) facilitates the stages of concluding the contract. The customer can therefore save their contact details by checking the “Save my contact details for next time” box.
If you do not need to modify the form and want to continue with your order, you must click on "Continue to shipping method".
To continue your order, you must finally click on “Continue to payment method” then “Place my order”.
After payment on our secure server (see ''payment''), an acknowledgment of receipt is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.
In the event of a risk relating to product availability, we reserve the right to refuse an order for the same product from a certain quantity (greater than 100).
- Technical means of identifying and correcting errors
You have the option at any time to identify and correct errors made when entering your data. When you notice an error after the conclusion of the contract, you must contact us
Section 2 - Conditions of archiving and access to the contract
We will archive contracts, purchase orders and invoices on a reliable and durable medium.
You have the right to communicate these documents for orders of an amount greater than or equal to €120.
Section 3 - Legal and contractual guarantees
- Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the good with the contract, in terms of hidden defects (available in appendix 1 of these conditions), we will reimburse you, repair or exchange any product apparently defective, damaged or damaged or which does not correspond to your order.
We will also reimburse you for the full return costs upon simple presentation of supporting documents. (Photo, video, etc.)
If applicable, we invite you to read our Refund Policy.
- Responsibility
We do everything possible to satisfy you. We are responsible for the proper execution of these general conditions. However, our liability cannot be incurred due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery to a country other than England .
Section 4 - Delivery times, costs and terms
- Delivery terms
We will deliver the products to you at the address indicated in the order form.
- delivery time
We will deliver to you no later than the date indicated in your order confirmation message. (17 to 21 working days)
In the event of a delay in delivery, we will inform you by email as soon as possible and we will offer you a new date.
If the ordered product is unavailable, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
- Shipping cost
Delivery costs vary depending on the products.
- Delivery tracking
You can contact us by email for any questions regarding your delivery
However, we remind you that we offer the service: “Order notification” which gives you real-time notifications concerning the status and progress of your order (On average, 1 notification every 2 days)
Section 5 - The price
The prices of our products are indicated in euros including tax.
You must also check the possibilities of importing or using the products you order from us in the country of destination.
Section 6 - Payment terms and security means
We only collect your payment at the time of shipment. You can therefore freely cancel your order as long as it is not handed over to our carrier for shipment. As soon as your order is delivered for shipment, an electronic message informs you that we will collect it from you.
However, it can sometimes happen that payment is collected when the contract is concluded.
- Means of payment
You have several payment methods to pay for your purchases on GelwaterGun.
- Either by bank cards: Visa, MasterCard, American Express, other credit cards:
Payment is made on the secure banking servers of our STRIPE partners. This implies that no banking information concerning you passes through our site.
Payment by credit card is therefore perfectly secure; your order will be recorded and validated upon acceptance of payment by the bank you have chosen.
- Security
Payments via our site are subject to a security system. We have adopted the Secure Socket Layer (SSL) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers.
Section 7 - Satisfied or refunded: terms of exercising the right of withdrawal
In accordance with legal provisions, within 14 days of receipt of your product, you can exercise your right of withdrawal. You do not have to provide reasons or pay a penalty. With the exception of return costs, which remain your responsibility, we will reimburse you in full for the sums paid no later than 30 days following your withdrawal. On our proposal, you can also opt for another reimbursement method.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's particular specifications or on audio, video or computer software recordings unsealed by the customer.
Section 6 - The duration of the contract and the validity of the price.
The products remain the entire property of GelwaterGun until full payment of the price by PayPal or Stripe.
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order
Section 7 - Applicable legislation/Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on substance or form, the French courts will have sole jurisdiction.
Section 8 - Contact us/after-sales service
If you wish to contact us, our customer service is at your disposal at the following address: contact@gelwatergun.with
Section 9 - Personal information
We collect your personal information for the management of your orders and the monitoring of our commercial relations.
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, rectify and oppose personal data concerning you. Simply write to us online at Customer Service, giving us your first and last name, email address, address and if possible your customer reference. (See “Privacy Policy”)
Section 10 - Supplier & Owner Agreement
a.The provider and the owner of the online store are each referred to as "party" or both as "parties";
- The supplier manufactures and supplies various products;
c.The online store owner operates one or more websites that facilitate the search, purchase and payment for various products from various suppliers;
d.The parties wish to establish a drop shipping cooperation, which is a retail delivery method, in which the online store owner does not keep the goods in stock but directly transfers the end customer's orders and details from shipment to the supplier, who then ships the goods directly to the end customer;
The owner of the online store will act, within the scope of its aforementioned activity, as an intermediary, facilitating the purchase and payment of the supplier's products by end customers. The supplier will ship these products directly to the buyer. The online store owner will therefore not receive the products and will therefore not import them, the online store owner only informing the supplier of the purchase orders that have been made;
f.In addition, the owner of the online store acts as a representative of the end customers and will therefore be the main contact person for the latter: The owner of the online store will make the payment on behalf of the end customer and will will handle returns of purchased products on behalf of end customers.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L211-5
To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-6
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L211-7
Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L211-8
The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.
Article L211-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.
Article L211-11
The application of the provisions of articles L. 211-9 and L. 211-10 takes place without any cost for the buyer.
These same provisions do not prevent the award of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.
Article L211-14
Recursive action may be taken by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects
Article 1641
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1
The seller of a building to be constructed cannot be discharged, neither before receipt of the work, nor before the expiration of a period of one month after the purchaser takes possession, of construction defects or defects. of conformity then apparent.
There will be no reason to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price returned, as will be arbitrated by experts. .
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer.
Article 1646
If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1646-1
The seller of a building to be constructed is bound, from receipt of the work, to the obligations of which architects, contractors and other persons linked to the project owner by a work rental contract are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit successive owners of the building.
There will be no reason to cancel the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in Article 1792-3.
Article 1647
If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by legal authority.