Verkaufsbedingungen

Note: these General Terms and Conditions of Sale are translated from the original "Conditions Générales de Vente" in French language, also available on this website. In case of doubt, the version in French is applicable in priority.

 

Version from the 20th of December 2024

 

LEGAL NOTICE

The website https://floatee.co (hereinafter the “Site”) is open to all users of the Internet Network.

It is published by Olift SAS (Société par Actions Simplifiée, in English: Simplified Joint-Stock Company), registered at the Castres RCS (Registre du Commerce et des Sociétés, in English: Trade and Companies Registry) of Castres, France under the number 907 790 026, with a Share Capital of 14 492€ and its registered office located at: L’Arobase, 2 rue Georges Charpak, 81290 LABRUGUIERE, France. Intercommunity VAT number in the European Union: FR30907790026.

The Site's store is hosted on Shopify Inc. domiciled at: 126 York St. Ottawa, ON K1N 5T5, in Canada, reachable by the telephone number 1-888-746-7439.

The Site allows Olift SAS to offer clothing products for sale (hereinafter the “Products”) to internet users browsing the Site (hereinafter the “Client”).

The contact e-mail is hello@floatee.co and the Publishing Director is Philippe Rouvier.

 

PREAMBLE

The parties agree that their relations will exclusively be governed by the present General Terms and Conditions of Sale, defining the reciprocal rights and obligations of parties resulting from the online sale of the Products proposed on the Site.

Part of the Site works following a preorder system. By preordering, the client recognises that if the preorder goal mentioned on each product information sheet in preorders isn’t achieved at the end of the limit date of the preorder, it will be refunded for the entirety of its purchase, and the production of the preordered product will not be initiated.

Any order or preorder (hereinafter “Orders” or “Preorders”) of Products on the Site assume the prior consultation of the present General Terms and Conditions of Sale and their unconditional and irrevocable acceptance, confirmed when the Client proceeds to the payment of the Order or Preorder. In consequence, the Client recognises it is perfectly informed of the fact that its agreement regarding the content of the present General Terms and Conditions of Sale do not require the handwritten signature of this document, insofar as the Client wishes to order the Products presented on the Site store online. The Client recognises having the required legal capacity to adhere to the present General Terms and Conditions of Sale and conclude the sale, that it is of legal age, eighteen (18) years of age, and must not be under guardianship.

As part of future Site evolutions, Olift SAS reserves the right to adapt or change at any time the present General Terms and Conditions of Sale. Consequently, the version of the General Terms and Conditions of Sale applicable to any Order and Preorder is the one appearing online on the Site on the day the Order or Preorder is placed.

Date of last update: 20th of December 2024

 

PRODUCTS

In accordance with articles L221-5 and L.221-11 of the Code de la consommation (in English: Consumer Code), the Olift company presents the Products for sale and their characteristics on the Site. The Client has the possibility to know, before definitive placing of an Order, the essential characteristics of the Products it wishes to buy.

The Products for sale on the Site are compliant with French legislation in force.

The term “anti-drowning T-shirt” designates, for understanding purposes, a product that is certified under a protocol based on ISO 12402-4 and NF 13138 norms by a laboratory accredited for such purpose by the European Union and that brings extra protection against drowning when worn out of the water. It does not guarantee rescue.

 

Specific case of the spare anti-UV T-shirt (also called "anti-UV T-shirt alone" or "complementary anti-UV T-shirt")

The spare anti-UV T-shirt is a complementary product to the anti-drowning T-shirt, not sensed to be purchased if an anti-drowning T-shirt has not been purchased beforehand. An attention point and a paragraph are available as reminders in the product page of the spare anti-UV T-shirt.

As a consequence, if a Client purchased a spare anti-UV T-shirt without purchasing an anti-drowning T-shirt beforehand, Olift SAS will inform the Client that the spare anti-UV T-shirt is not sensed to be used without the inflatable life jacket included in the anti-drowning T-shirt and where necessary will propose to the Client to cancel its Order.

The Client must take note of the precautions for use and the conditions of use of each Product before any use. Olift SAS cannot be held liable for any damage that may result from misuse or non-compliant use of the Products.

 

The photos representing the Products only have an indicative value.

 

The offers in preorder presented on the Site are valid only within the time limit available and amounts available to Preorder.

In the event of unavailability of one or several ordered Products at Order shipping date, particularly because of suppliers, the Client will be informed about it as soon as possible by e-mail to the e-mail address that it provided and will be given the opportunity to cancel its Order or to accept the shipment of the Product(s) available at this date. In this case and without prejudice to any other rights and remedies available to the Client, Olift SAS will reimburse the Client for the price of the undelivered Product(s). The refund will be performed at the latest within fourteen (14) days following the cancellation, via the payment method used during the Order.

 

PRICE

The prices given on the Site are indicated in euros, including V.A.T., and are only valid on the date of confirmation of the Order by the Client. Olift SAS reserves the right to modify them, without notice, at any given time, being understood that the billing of the Products will be based on the prices in effect at the time of registration of the Order or Preorder.

These prices are guaranteed, typographical and printing errors excepted, and the duration of their validity is determined by the Site updating.

 

Promotion codes

Promotion codes allow the Client to obtain a discount or a special offer when it places an Order on the Site. The discount or the special offer is applied automatically when the Client confirms the entry of the code in the box provided for that purpose.

 

The prices do not take the delivery charges into account, charged in supplement and specified before confirmation of the Order or Preorder. The prices include V.A.T. applicable on the day of the Order or Preorder and any change of the applicable rate of V.A.T. will automatically be applied onto the prices of the Products on the Site.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products on the Site, as well as in the sales documents.

Any Product ordered by the Client is invoiced by Olift SAS on the basis of the price including taxes and delivery fees mentioned at the time of the complete execution of the ordering process on the Site.

The payment of the totality of the price must be realized during the Order or Preorder, except for the fractioned payment option offered by Olift SAS via a partner (Alma, PayPal) on the Site's payment page, in which case the specific terms associated with this type of payment and detailed by the relevant partner shall apply. The sums paid can never be considered as deposits or instalments.

 

ORDER AND PREORDER

During the ordering process, the Client must enter its delivery and invoicing details and select the desired delivery method. Delivery fees are calculated automatically.

Any Order or Preorder will be confirmed when the Client clicks on the button corresponding to payment execution on the relevant Site page.

The confirmation of the Order or Preorder implies the acceptance by the Client of the General Terms and Conditions of Sale and of the essential characteristics of the Products.

As soon as the Order or Preorder is registered, a confirmation e-mail summarising it (products, price, availability of products, quantities, terms and conditions, etc.) will be sent to the Client by Olift SAS. In this regard, the Client formally accepts the use of electronic mail for the confirmation by Olift SAS of the contents of its order. In any case, the invoices are provided on request to Olift SAS.

In the case of a Preorder, the sums paid in advance by the Client do not constitute deposits, under Article 1590 of the Code Civil (in English: Civil Code). If the minimal goal of a Preorder campaign isn’t met, Olift SAS contacts the Client at the end of the campaign to announce its decision to refund or produce. In the case the decision to refund is made, Olift SAS will have to proceed to the Client refund under fourteen (14) days, starting on the day of the cancellation of the Preorder, via the payment method used during the Order.

In the case one or several ordered Products are unavailable at Order shipping date, particularly because of suppliers, the Client will be informed as soon as possible by e-mail to the e-mail address it provided and will be given the opportunity to modify or cancel its Order or to be delivered only with Product(s) available at this date. In this case, and without prejudice to the Client's other rights and remedies, Olift SAS will reimburse the Client for the price of the undelivered Product(s). The refund will be performed at the latest within fourteen (14) days following the cancellation, via the payment method used during the Order.

In accordance with Article L.121-11 of the Code de la consommation (in English: Consumer Code), Olift SAS reserves the right to refuse or cancel any Order for a legitimate motive, in particular, an abnormal Order; placed in bad faith; in the case of objective suspicion of fraud or when it relates to a Client with which there exists a past or ongoing payment dispute.

 

For any information request regarding an ordered Product, the Client has the possibility to contact Olift SAS by e-mail at the address hello@floatee.co or by using the contact form on the Site.

 

E-GIFT CARD

The digital gift card (hereinafter “E-gift card”) is an electronic medium to which a code is associated, permitting the purchase of Products on the Site within the limits of the credited amount.

Transmission

The Client takes responsibility for providing the E-gift card to the beneficiary after its reception on its e-mail address.

Conditions of use

The E-gift card is usable immediately after its reception by e-mail.

Refund and withdrawal right

The E-gift card being a personalised product, it constitutes an exception to the legal withdrawal right of fourteen (14) days that applies to consumer goods (article L.221-28-3° du Code de la Consommation, in English: Consumer Code).

Consequently, the E-gift card cannot result in any exchange, nor refund (neither partial nor total), nor to the exercise of any right to withdrawal.

The loss, theft or exceedance of the validity limit date of the E-gift card will not give way to any replacement, nor refund.

Duration of validity

The E-gift card is valid for one (1) year starting on the day it is sent by e-mail.

 

PAYMENT

The Products can be paid for in euros only on the day of the effective Order. To pay for the Order, Olift SAS provides the Client with the following methods of payment:

  • Payment by bank card
  • Payment by PayPal
  • Payment in several instalments by Alma
  • Payment by e-gift card - see dedicated section

Payment by bank card

The accepted bank cards are: Visa, Mastercard, American Express.

During payment, the Client communicates the number of its bank card, associated to its expiration date as well as the security code on the back of the bank card. To ensure the security of payments performed online, the Client has access to a dedicated space provided by the company Shopify payments, that ensures the security and the registration of payment order and the security of the payment itself. In this regard, the Client expressly recognises that the communication of its bank card number to Olift SAS through the Shopify payments company constitutes an authorization to debit the amount of the Products ordered from its account.

Olift SAS covers the occasional banking fees caused by payments, within the limits of Shopify payments’ management fees. Any other fee, whatever the motive, will be charged to the Client.

Payment by PayPal

When paying via PayPal, the Client executes a payment order to the PayPal account of Olift SAS. The general terms and conditions of use of PayPal apply and are accepted by the Client.

In order to ensure the security of payments made online, the Client accesses a dedicated space made available by the PayPal company, which ensures the security and recording of the payment order and the security of the payment itself. In this respect, the Client expressly acknowledges that the communication of its bank card number to Olift SAS via PayPal is equivalent to authorising the debiting of its account for the amount of the Products ordered.

Olift SAS covers the occasional fees caused by the payment, within the limit of the management fees invoiced by PayPal. Any other fee, whatever the motive, will be charged to the Client.

Payment in several instalments by Alma

In the event of payment via Alma, Alma's general terms and conditions of use apply and are accepted by the Client.

E-gift cards are not eligible for this payment method.

Olift SAS covers the occasional fees caused by the payment, within the limit of the management fees invoiced by Alma. Any other fee, whatever the motive, will be charged to the Client.

 

The Client guarantees to Olift SAS that it possesses the necessary authorizations to use the payment method it has chosen for its Order. In accordance with the Code monétaire et financier’s (in English: Monetary and Financial Code’s) provisions, the payment order given by the Client is irrevocable and thus it allows the debit from its account of the price of the Order. Olift SAS reserves the right to suspend or cancel any Order or Preorder and any delivery in the case of a refusal of the authorization to pay from the officially accredited organisations or in the case of a non-payment. Olift SAS reserves the right to refuse to perform a delivery or to honour an Order or Preorder emanating from a Client who would not have totally paid for an Order or partially paid for a Preorder or with which a payment dispute would be ongoing.

The computerised registries, stored in Olift SAS computer systems in reasonable security conditions, will be considered proof of communications, Orders and payments between the parties. The archiving of order slips and of bills is performed with the use of a reliable and durable medium having the possibility of being produced as proof.

 

DELIVERY

Place of delivery

The delivery is carried out at the delivery address provided by the Client, given that it must be the residence address of the Client or any other natural person of its choice, if it is clearly specified during the Order or Preorder. The delivery cannot be performed neither in hotels, nor in post-boxes.

The Client can, on demand, get a bill sent to the billing address, and not the delivery address.

During registration of the personal coordinates of the Client, it must ensure that the data that it’s providing is exact and exhaustive. In the case of a mistake in the recipient’s coordinates label, Olift SAS cannot be held liable for the impossibility to deliver the Product(s).

Furthermore, Olift SAS cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the Client's responsibility to check with the local authorities the possibilities of importing or using the Products it intends to order on the Site.

Delivery fees

Unless otherwise specified, the Client will be charged for delivery fees.

The Client will have to pay for the direct fees for the return of the Product, they could be offered in some cases.

Delivery times

The delivery times are specified during the Order. They are expressed in working days following the reception of the payment for the Order, and correspond to the average processing and delivery times, except exceptional shortages or holiday periods.

The Client recognises that, in the case of a Preorder, the delivery time will be prolonged. The estimated delivery time figures on the product sheet during the purchase, and in the order confirmation e-mail. The delivery time depends on the time necessary and production volume of the entirety of the preordered products.

Transfer of risks

The risk transfer to the Client is put in place when the Products are delivered to the Client. Olift SAS cannot be held liable for the consequences of a non-execution or wrong execution, not being its fault or due to actions of major force as specified in article 15 from French Law n°2004-575 as of 21st of June 2004 for trustworthiness in digital economy.

Reception of products

Delivery is considered carried out as soon as the Products are handed to the Client by the shipper, materialised by the control system used by it.

At the reception of Products, the Client is required to check the packaging’s and merchandise’s conditions, and to report damages due to the shipper on the delivery slip, as well as Olift SAS, within the delay accepted by the shipper (if not specified, within a three (3) day period), excluding public holidays, by sending an e-mail to hello@floatee.co or using the contact form on the Site.

 

RIGHT OF WITHDRAWAL

According to Articles L.221-18 and to the following ones from the Code de la Consommation (in English: Consumer Code), the Client has a fourteen (14) clear day period starting on the day of the delivery of the Order to assert its right of withdrawal regarding its Order. This period starts the day after reception of the Products by the Client and when the fourteen (14) days end on a Saturday, a Sunday, or public holiday or nonworking day, it is extended to the next business day.

In the event of a Product exchange at the Client's request and approved by Olift SAS, without a new complementary Order or Preorder, it is agreed that the withdrawal period remains unchanged: it continues to be exercised from the day following receipt of the Products of the initial Order or Preorder by the Client, and not from receipt of the exchanged Product.

Withdrawal decision by the Client will have to be communicated by e-mail to the address hello@floatee.co, within the period mentioned above, using a withdrawal form available on simple demand to Olift SAS or an unambiguous statement, with a copy of the bill or any other element enabling identification of the Order it concerns and its holder.

Only the Client identified as such to Olift SAS can exercise this right, excluding any other person, notably the recipient of the delivery (in the case of a gift, for example).

Olift SAS will send the Client an email acknowledging receipt of the withdrawal.

The Product must be sent back by the Client in its original packaging or any equivalent packaging, perfectly closed, in perfect condition, allowing a re-commercialization (brand new, not worn, not dirty nor washed, with its labels and instruction notice), and joined by all the accessories it potentially contained, instructions manual and documentation.

The return label must be stuck on top of the previous shipper’s label, if it is the original packaging.

Any modification made to the Product by the Client will result in the cancellation of the right of withdrawal.

The Client will be held responsible in the event of damage to the Product resulting from inspection and handling going beyond all necessary and permitted precautions when purchasing in a shop:

  • Any Product returned with stain will be refunded minus a flat fee of twenty-five euros (25€) except if previously declared with stain, in this case the refund will be minored by a flat fee of ten euros (10€).
  • Any Product or on which the anti-UV T-shirt is returned damaged (ex: hole) will be refunded minus a flat fee of fifty-nine euros (59€).
  • Any Product returned very dirty, incomplete, without its labels, damaged, or having been abnormally used will not be refunded.

If the package is lost or damaged during the return of the Product, the costs of damages is at the expense of the Client. Risk is transferred to Olift SAS only upon receipt of the Product concerned.

The Client will have to pay for the direct fees for the return of the Product, they could be offered in some cases.

 

INFORMATION REGARDING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Pursuant of the annex to Article R.221-3 of the Code de la consommation (in English: Consumer Code) - Right of withdrawal
Vous avez le droit de vous rétracter du présent contrat sans donner de motif dans un délai de quatorze (14) jours.
Le délai de rétractation expire quatorze (14) jours après :
a) s'il s'agit d’un contrat portant sur un seul Produit commandé : le jour où vous-même, ou un tiers autre que le transporteur et désigné par vous, prend physiquement possession du bien ;
b) s'il s'agit d'un contrat portant sur plusieurs Produits commandés au moyen d'une seule commande et si ces Produits sont livrés séparément : le jour où vous-même, ou un tiers autre que le transporteur et désigné par vous, prend physiquement possession du dernier bien.
Pour exercer le droit de rétractation, vous devez nous notifier votre décision de rétractation du présent contrat par mail en précisant votre nom, votre adresse géographique, votre numéro de téléphone, votre adresse électronique et votre numéro de commande au moyen d'une déclaration dénuée d'ambiguïté (par exemple, lettre envoyée par la poste ou courrier électronique) à l'adresse hello@floatee.co. Vous pouvez utiliser le modèle de formulaire de rétractation mais ce n'est pas obligatoire. Pour que le délai de rétractation soit respecté, il suffit que vous transmettiez votre communication relative à l'exercice du droit de rétractation avant l'expiration du délai de rétractation.

You have the right to withdraw from the present contract without giving any motive in a fourteen (14) day period.
The withdrawal period expires fourteen (14) days later:
a) if it regards a contract surrounding a single ordered Product: the day where you, or a third party other than the shipper and designated by you, physically takes possession of the good;
b) if it regards a contract surrounding several ordered Products in a single Order and if these Products are delivered separately: the day where you, or a third party other than the shipper and designated by you, physically takes possession of the last good;
To exercise the right of withdrawal, you need to notify us of your withdrawal from the present contract decision by e-mail, specifying your name, physical address, telephone number, e-mail address and your order number in an unambiguous declaration (for example, in a written letter or e-mail) to the address hello@floatee.co. You can use the withdrawal form template, but it is not obligatory. For the withdrawal period to be respected, you must transmit your message relative to the exercise of the right of withdrawal before the expiration of the withdrawal period.

 

Effects of withdrawal

In the case of your withdrawal from the present contract, we will refund you for all payments received from you, including delivery fees in mainland France (except the extra fees coming from the fact that you chose, if you did, a delivery type that isn’t the least expensive standard delivery we offer) without excessive delay and, in any case, at the latest fourteen (14) days starting on the day reception and control of concerned Product(s) by Olift SAS. We will proceed to the refund using the same payment method as the one you used for the initial transaction, unless you expressly agree on a different method; in any case, this refund will not generate any fees for you.

You will have to send us the good without excessive delay, and in any case, at the latest fourteen (14) days after you communicated your withdrawal from the present contract decision. The period is considered respected if you send the good before the expiration of the fourteen (14) day period.

You will have to pay for the direct fees for the return of the good.

You are only responsible regarding impairment of the good resulting from manipulations other than those necessary to establish the nature, characteristics and proper function of this good.

 

WITHDRAWAL FORM TEMPLATE - Annex to article R.221-1 in Code de la consommation (in English: Consumer Code)
(Please complete and return this form only if you wish to withdraw from the contract.)
To
Olift SAS
Hôtel d’entreprises L’Arobase
2 rue Georges Charpak
81100 Castres - France
Email : hello@floatee.co
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of the Consumer(s):
Address of the Consumer(s):
Date:
Signature of the Consumer(s) (only in the case of notification of this form on paper):
(*) Delete as appropriate

 

Product exchange

Olift SAS reserves the right to accept or refuse any request by the Client to exchange a Product, except in the event of a conformity problem with the Product and application of a legal guarantee (for example, during the withdrawal period). If agreed, the exchange is carried out as part of the initial Order and does not constitute a new Order.

In the event that Olift SAS agrees to an exchange as described above, the Client must return the Product ordered complete, in its original packaging or any equivalent packaging that is perfectly closed, in perfect condition allowing it to be put back on the market in new condition (not worn, not soiled, not washed, with its labels and instructions in place) and accompanied by any accessories, instructions for use and documentation.

The return label must be stuck on top of the previous shipper’s label, if it is the original packaging.

Any modification made to the Product by the Client will result in the cancellation of the exchange.

The Client will be held responsible in the event of damage to the Product resulting from inspection and handling going beyond all necessary and permitted precautions when purchasing in a shop. Any Product returned very dirty, incomplete, without its labels, damaged, or having been abnormally used will not be refunded.

If the package is lost or damaged during the return of the Product, the costs of damages is at the expense of the Client. Risk is transferred to Olift SAS only upon receipt of the Product concerned.

The Client will have to pay for the direct fees for the return of the Product, they could be offered in some cases.

 

LEGAL GUARANTEE

The legal guarantee, detailed below, applies to products sold by Olift SAS:

  • The legal guarantee of conformity under the conditions set out in Articles L. 217-4 and seq. of the Code de la consommation (in English: Consumer Code)
  • The legal guarantee against hidden defects under the conditions set out in Articles 1641 and seq. of the French Civil Code

In the event of the return of a Product by the Client in application of a legal guarantee, the risks are transferred to Olift SAS upon receipt of the Product concerned.

Any modification made to the Product by the user will result in the cancellation of the legal guarantees or the right of withdrawal.

To carry out guarantees, the Client must address Olift SAS, by sending an e-mail to hello@floatee.co or by using the contact form on the Site.

Annex to article D.211-2 of the Code de la Consommation (in English: Consumer Code):

Le consommateur dispose d'un délai de deux (2) ans à compter de la délivrance du bien pour obtenir la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité. Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité et non la date d'apparition de celui-ci.

The consumer has a period of two (2) years starting on the issue of the good to carry out the legal conformity guarantee in case of the appearance of a conformity defect. During this period, the consumer is only obliged to establish the existence of the conformity defect, and not its appearance date.


Lorsque le contrat de vente du bien prévoit la fourniture d'un contenu numérique ou d'un service numérique de manière continue pendant une durée supérieure à deux (2) ans, la garantie légale est applicable à ce contenu numérique ou ce service numérique tout au long de la période de fourniture prévue.
Durant ce délai, le consommateur n'est tenu d'établir que l'existence du défaut de conformité affectant le contenu numérique ou le service numérique et non la date d'apparition de celui-ci.

When the sales contract of the good foresees the provision of digital content or digital service in a continuous manner during a period of time longer than two (2) years, the legal guarantee is applicable to this digital content or digital service all along the predicted provision period. During this period, the consumer is only obliged to establish the existence of the conformity defect affecting the digital content or digital service, and not its appearance date.


La garantie légale de conformité emporte obligation pour le professionnel, le cas échéant, de fournir toutes les mises à jour nécessaires au maintien de la conformité du bien.

The legal conformity guarantee carries with it the obligation for the professional, if needed, to provide all the updates necessary to maintain the good’s conformity.


La garantie légale de conformité donne au consommateur droit à la réparation ou au remplacement du bien dans un délai de trente (30) jours suivant sa demande, sans frais et sans inconvénient majeur pour lui.

The legal conformity guarantee gives the consumer the right to repair or replacement of the good within thirty (30) days following its request, without fees and no major inconvenient for it.


Si le bien est réparé dans le cadre de la garantie légale de conformité, le consommateur bénéficie d'une extension de six (6) mois de la garantie initiale.

If the good is fixed within the framework of the legal conformity guarantee, the consumer benefits from an extension of six (6) months of the initial guarantee.


Si le consommateur demande la réparation du bien, mais que le vendeur impose le remplacement, la garantie légale de conformité est renouvelée pour une période de deux ans à compter de la date de remplacement du bien.

If the consumer asks for repair of the good, but that the seller imposes a replacement, the legal conformity guarantee is renewed for a period of two (2) years starting on the good’s replacement date.


Le consommateur peut obtenir une réduction du prix d'achat en conservant le bien ou mettre fin au contrat en se faisant rembourser intégralement contre restitution du bien, si :
1° Le professionnel refuse de réparer ou de remplacer le bien ;
2° La réparation ou le remplacement du bien intervient après un délai de trente jours ;
3° La réparation ou le remplacement du bien occasionne un inconvénient majeur pour le consommateur, notamment lorsque le consommateur supporte définitivement les frais de reprise ou d'enlèvement du bien non conforme, ou s'il supporte les frais d'installation du bien réparé ou de remplacement ;
4° La non-conformité du bien persiste en dépit de la tentative de mise en conformité du vendeur restée infructueuse.

The consumer can obtain a reduction of the buying price by keeping the good or ending the contract by getting refunded integraly against the restitution of the good, if:
1° The professional refuses to fix or replace the good;
2° The repair or replacement of the good intervenes after a thirty (30) day period;
3° The repair or replacement of the good results in a major inconvenience for the consumer, notably when the consumer definitively bears the return or removal fees of the non-conform good, or it it supports the installation fees of the repaired or replacement good;
4° The non-conformity of the good persists despite the conforming attempt from the seller that stayed fruitless.


Le consommateur a également droit à une réduction du prix du bien ou à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n'est alors pas tenu de demander la réparation ou le remplacement du bien au préalable.

The consumer also has the right to a reduction of the price of the good or the termination of the contract when the defect is so severe that it justifies that the reduction of the price or termination of the contract be immediate. The consumer is then not required to ask for repair or replacement of the good beforehand.


Le consommateur n'a pas droit à la résolution de la vente si le défaut de conformité est mineur.

The consumer doesn’t have the right to termination of the sale if the conformity defect is minor.


Toute période d'immobilisation du bien en vue de sa réparation ou de son remplacement suspend la garantie qui restait à courir jusqu'à la délivrance du bien remis en état. Les droits mentionnés ci-dessus résultent de l'application des articles L.217-1 à L.217-32 du Code de la consommation.

All periods where the good is out of use for the purpose of its repair or replacement suspends the remainder of the guarantee until issuing of the refurbished good. The rights mentioned above result from the application of Articles L.217-1 à L.217-32 of the Code de la Consommation (in English: Consumer Code).


Le vendeur qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10% du chiffre d'affaires moyen annuel (article L. 241-5 du Code de la consommation).

The seller that is impeding on the execution of the legal conformity guarantee from bad faith is liable to a civil fine of the maximal amount of 300 000 euros, that can be brought up to 10% of the annual average turnover (Article L.241-5 of the Code de la Consommation, in English: Consumer Code).


Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du Code civil, pendant une durée de deux (2) ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le bien est conservé ou à un remboursement intégral contre restitution du bien.

The consumer equally benefits from the hidden vices legal guarantee, according to Articles 1641 to 1649 of the Code Civil (in English: Civil Code) for a two (2) year period starting on the discovery of the defect. This guarantee gives the right to a reduction of the price if the good is kept or an integral refund against restitution of said good.

 

APPLICABLE LAW AND MEDIATION

These general conditions are subject to the French law, with reservations related to imperative regulations of the Client's country of residence part of the European Union out of France.

In the case of litigation or claim, the Client shall first contact Olift SAS to reach an out-of-court settlement, by sending an e-mail to hello@floatee.co or using the contact form on the Site.

The Client is informed that all consumers can use a consumer mediator, free of charge, with the goal to reach an out-of-court settlement of a litigation with a professional. The mediation of consumption applies to all national or cross-border litigations between a consumer and a professional within the framework of the execution of a sales or service delivery contract.

The Client can:

The request will not be accepted by the consumer mediator if:

1) The Client doesn’t prove having tried beforehand to find a settlement directly with Olift SAS via a written request in accordance with the procedures laid down;

2) The request is clearly unfounded or frivolous;

3) The litigation was previously examined or is currently being examined by another mediator or by court;

4) The consumer introduced its request to the mediator in a period greater than one year starting from its written request to Olift SAS;

5) The litigation does not fall within its fields of competence.

The consumer is informed by the mediator, in a three-week period starting upon reception of its file, of the rejection of its mediation request.

In the event of lack of use of mediation, the courts of jurisdiction of Olift SAS’s registered office shall be appropriate.

 

INTELLECTUAL PROPERTY

Any total or partial reproduction, modification or use of brands, logos, photographs, texts, comments, illustrations, video sequences, sounds and more generally any information or expression subject to intellectual property rights used on the Site is strictly prohibited.

All elements of the Site are protected by copyright, trademarks or patents.

Olift SAS’s non-engagement in a procedure upon learning of a non-authorized reproduction, modification or use, is not worth neither acceptation, nor renunciation to proceedings and litigations, particularly for counterfeiting.

 

INFORMATION TECHNOLOGY AND LIBERTIES

In order to supply the offered services on the Site, Olift SAS can be led to process personal data regarding the Client, in particular that that has been collected during its registration on the Site, or placing of the order.

The information and data regarding the Client are strictly necessary for order management, execution and maintenance of commercial relations, as well as for internal statistical purposes. This data can be transmitted to companies that participate in these relations (like those who manage execution of services and orders) for their management, execution, processing, and payment. This data is equally kept pursuing security, identification, upgrading and personalisation of services goals.

The Client has at any given time a right to access, rectify, and oppose the personal data regarding it, under the conditions laid down by law n°78-17 from the 6th of January 1978. For that, it only needs to send an e-mail to the address hello@floatee.co and the necessary measures will be taken immediately.

Regarding more specifically the collection of telephone contact details, the Client has a right to put its name on the Bloctel opposition to cold calling list. This procedure is free online on the website https://www.bloctel.gouv.fr/ and can be done through the postal system by writing to the address Worldline - Service Bloctel - CS 61311 - 41013 BLOIS Cedex - France.

The Client is likely to receive, from Olift SAS, information letters or offers surrounding products or services analogous to those already having been in an Order. It will have at any given time the possibility to oppose to this without any fees in the future, depending on the modalities specified at each shipment.

We invite you to check our Data Protection Policy for more information about the use of your personal data by Olift SAS.