Preamble/ Seller Identity/ Access to Professional and Commercial Rules (if applicable)
The preamble recalls the objective of the general terms and conditions of sale. It also serves to remind that certain products for sale on the site are subject to specific conditions of sale. The preamble also allows for an understanding of the professional and commercial rules to which the seller intends to submit, if applicable.
The present conditions notably indicate the following information:
- The means of reproduction and archiving of these conditions
- The legal notices of the GelwaterGun site
- The general terms of use of the GelwaterGun site
- The essential characteristics of the proposed goods
- The different steps to follow for concluding the online contract
- The technical means of identifying and correcting errors made during data entry.
- The proposed languages
- The terms of archiving and access to the contract
- The means to consult the professional and commercial rules to which the seller intends to submit.
- Legal and contractual guarantees
- Delivery times, costs, and terms
- The tracking of delivery and the costs of remote communication techniques
- The price
- Payment terms and security measures
- The details on the terms of exercising the right of withdrawal,
- The duration of the contract and the validity of the price.
Last updated on 06/06/2023
GelwaterGun is a service offered by MNS CORP
Email: contact@gelwatergun.com
It is hereby specified that these conditions exclusively govern the sales by the GelwaterGun site.
These terms apply to a consumer who has full legal capacity. These terms apply to all orders you place on this site.
GelwaterGun is not the manufacturer of the goods for sale. The features presented (photos, descriptions…) are based on information provided by the supplier. Nevertheless, GelwaterGun is respectful of current quality and manufacturing standards.
If the product and/or features do not match the product received by the customer. We invite you to visit our refund policy on the GelwaterGun site.
These general conditions are presented in the French language.
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 on "Add to cart". At any time during your browsing on our site, you can confirm your order by clicking on "Checkout".
- Contract validation
When you click on "Payment", a confirmation message appears. It summarizes all the selected products and options. On this page, you can either update your cart by changing quantities and/or removing one or more item(s), or proceed by checking the box: "I accept the T&Cs" and "Secure payment".
You must check in this order form all the information provided, particularly all the useful elements for delivery (delivery address, entry code, phone numbers...) The prior collection of the user's identification elements (first name, last name, email address, bank details...) facilitates the steps to conclude the contract. The customer can therefore save their details by checking the box "Save my details for next time."
If you do not need to modify the form and wish to proceed with your order, you must click on "Continue to shipping method."
To proceed with your order, you must finally click on "Continue to payment method" and then "Place my order."
'After payment on our secure server (see ''payment''), a receipt will be displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.'
In case of risk related to product availability, we reserve the right to refuse an order for the same product from a certain quantity (greater than 100).
- The technical means of identifying and correcting errors
You have the ability at any time to identify and correct any errors made when entering your data. When you notice an error after the conclusion of the contract, you must contact us.
Section 2 - The terms of archiving and access to the contract
We will carry out archiving of contracts, purchase orders, and invoices on a reliable and durable medium.
You have the right to access these documents for orders amounting to 120 € or more.
Section 3 - Legal and Contractual Guarantees
- Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in terms of hidden defects (available in Appendix 1 of these terms), we will refund, repair, or exchange any product that is apparently defective, damaged, or does not correspond to your order.
We will also reimburse you for the full return shipping costs upon simple presentation of the receipts. (Photo, video, etc.)
In that case, 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 engaged due to an unforeseen event, a case of force majeure, the unpredictable and insurmountable actions 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 the address indicated in the order form.
- delivery time
We will deliver to you no later than the date indicated in the confirmation message of your order. (17 to 21 business days)
In case of a delay in delivery, we will inform you by email as soon as possible and we will propose a new date.
In case the ordered product is unavailable, we will inform you as soon as possible. We will offer you a product of equivalent quality or price.
- Delivery costs
Delivery charges vary depending on the products.
- Delivery tracking
You can contact us by email for any questions regarding your delivery.
Nevertheless, we remind you that we offer the service: "Order Notification" which provides you with real-time notifications regarding 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 VAT.
You must also check the possibilities of importing or using the products you order from us in the destination country.
Section 6 - Payment methods and security measures
"We only process your payment at the time of shipping. Therefore, you can freely cancel your order as long as it has not been handed over to our carrier for shipping. As soon as your order is handed over for shipping, an email will inform you that we will charge you."
Nevertheless, it may sometimes happen that the payment is collected at the conclusion of the contract.
- Payment methods
You have several payment methods available to pay for your purchases on GelwaterGun.
- Either by credit cards: Visa, MasterCard, American Express, other blue cards:
Payment is made at your choice on the secure banking servers of our partners STRIPE. This means that no banking information concerning you is transmitted through our site.
Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.
- Security
Payments through our site are subject to a security system. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against potential 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 following the receipt of your product, you may exercise your right of withdrawal. You do not have to provide any reasons or pay any penalties. Except for the return shipping costs, which remain your responsibility, we will refund you the total amount paid no later than 30 days following your withdrawal. At our proposal, you may also choose another method of reimbursement.
In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the consumer's specific specifications, or for unsealed audio, video, or computer software recordings by the customer.
Section 6 - The duration of the contract and the validity of the price.
The products remain the sole property of GelwaterGun until full payment is received by PayPal or Stripe.
Our price offers are only valid within the dual limit of the validity period of the concerned offer and the available stock.
"Our offers of goods and prices are valid if they are listed online on the site on the day of the order."
Section 7 - Applicable Law / Competent Jurisdiction
These terms are subject to French law.
In case of dispute regarding the substance or the form, the French courts shall have sole jurisdiction.
Section 8 - Contact Us/ After-Sales Service
If you wish to contact us, our customer service is available 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 business relationships.
"In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, rectify, and object to the personal data concerning you. You just need to write to us online at Customer Service, providing your last name, first name, email address, address, and if possible, your customer reference. (See 'Privacy Policy')"
Section 10 - Supplier & Owner Agreement
a. The supplier and the owner of the online store are each referred to as a "party" or both as "parties";
- The supplier manufactures and provides various products;
c. The owner of the online store operates one or more websites that facilitate the search, purchase, and payment of various products from various suppliers;
d. The parties wish to establish a direct delivery cooperation, which is a retail delivery method in which the owner of the online store does not keep the goods in stock but directly transfers the orders from the end customer and the shipping details to the supplier, who then ships the goods directly to the end customer;
The owner of the online store will act, in the context of the aforementioned activity, as an intermediary, facilitating the purchase and payment of the supplier's products by the end customers. The supplier will ship these products directly to the buyer. Therefore, the owner of the online store will not receive the products and will not import them, as the owner of the online store will only inform the supplier of the purchase orders that have been made.
f. Furthermore, the owner of the online store acts as a representative of the end customers and will therefore be the main point of contact for them: The owner of the online store will make the payment on behalf of the end customer and will handle returns of products purchased on behalf of the end customers.
Annex 1: Provisions of the Consumer Code regarding the legal conformity guarantee
Article L211-4
The seller is required to deliver a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery.
"He is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when it has been assigned to him by the contract or has been carried out under his responsibility."
Article L211-5
To be in compliance with the contract, the asset must:
1° Be fit for the usual expected use of a similar good 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 in light of the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;
2° Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-6
The seller is not bound by the public statements of the producer or their representative if it is established that they were not aware of them and were legitimately unable to know them.
Article L211-7
Defects of conformity that appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can contest 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 good conforms to the contract. However, he cannot contest the conformity by invoking a defect that he knew about or could not ignore when he contracted. The same applies when the defect originates from materials he provided himself.
Article L211-9
In case of non-conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the item or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.
Article L211-10
If the repair and replacement of the item are impossible, the buyer may return the item and receive a refund of the price or keep the item and receive a partial refund of the price.
The same opportunity is open to him/her:
1° If the requested, proposed, or agreed solution under Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for him, given the nature of the asset and the use he is seeking.
However, the resolution of the sale cannot be pronounced 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 at no cost to the buyer."
'These same provisions do not prevent the allocation of damages.'
Article L211-12
'The action resulting from the lack of conformity is subject to a two-year limitation period 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 hidden defects as provided in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature recognized by law.
Article L211-14
The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Annex 2: Provisions of the Civil Code concerning the warranty against hidden defects
Article 1641
The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the intended use, or that diminish this use to such an extent that the buyer would not have purchased it, or would have only paid a lower price, had they known of them.
Article 1642
"The seller is not liable for apparent defects that the buyer could have verified himself."
Article 1642-1
The seller of a building to be constructed cannot be discharged, either before the acceptance of the work or before the expiration of a period of one month after the buyer takes possession, from construction defects or apparent non-conformities.
"There will be no grounds for contract termination or price reduction if the seller commits to making repairs."
Article 1643
He is held liable for hidden defects, even if he did not know them, unless, in that case, he stipulated that he would not be obliged to any warranty.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice to return the item and be refunded the price, or to keep the item and receive a portion of the price, as determined by experts.
Article 1645
If the seller knew of the defects of the item, he is liable, in addition to the restitution of the price he received, for all damages and interest towards the buyer.
Article 1646
If the seller was unaware of the defects of the item, he will only be liable for the restitution of 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 the acceptance of the work, by the obligations to which the architects, contractors, and other persons linked to the project owner by a contract for work are themselves bound in accordance with articles 1792, 1792-1, 1792-2, and 1792-3 of this code.
These guarantees benefit successive owners of the property.
"There will be no grounds for resolution of the sale or reduction of the price if the seller undertakes to repair the damages defined in articles 1792, 1792-1, and 1792-2 of this code and to assume the warranty provided for in article 1792-3."
Article 1647
If the item that had defects perished due to its poor quality, the loss is on the seller, who will be liable to the buyer for the refund of the price and the other compensations explained in the two preceding articles.
But the loss occurring due to a fortuitous event will be for the account of the buyer.
Article 1648
'The action resulting from hidden defects must be brought by the buyer within a period of 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 one year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article 1649
"It does not take place in sales made by court authority."