General Sales Conditions
Preamble
These general sales conditions govern the relationship between the company Splash-gun, hereinafter referred to as "the Seller", and any natural or legal person wishing to acquire the products or services offered by the Seller via its website https://splash-gun.com/, referred to as "the Client".
The Seller reserves the right to modify these conditions at any time and without prior notice. The conditions in force at the time of the order by the Client are applicable.
These conditions apply to any adult or minor with parental authorization, domiciled in the countries served by the site, and not engaged in commercial activities.
By using our site and making a purchase, the Client unreservedly accepts these general sales conditions.
It is recommended for the Client to regularly consult the general sales conditions, accessible on our site, to be aware of any modifications.
Any order placed on the site implies acceptance of the general sales conditions in force on the date of said order.
Article 1 - Products
The products available for purchase on the website https://splash-gun.com/ are those presented at the time of consultation by the Client. Each product is accompanied by a descriptive sheet including the price, a photograph, available sizes and colors, as well as specific characteristics. However, slight variations between the actual product and its photographic representation may occur due to the user's screen resolution and color definition.
Splash-gun guarantees the conformity of the products with the safety and health standards in force, in accordance with European and national provisions. Information on product availability is provided at the time of ordering. In case of unavailability subsequent to the order, the Client will be informed by email, and the order for the affected product will be automatically canceled. Refund will be made within a maximum period of thirty days from the payment, directly to the Client's bank account.
Although Splash-gun strives to present colors and images of the products accurately, it cannot guarantee the accuracy of the display on the Client's screen. The sale of products may be limited under certain conditions determined by Splash-gun. Changes regarding product descriptions and prices may be made without prior notice. Additionally, Splash-gun reserves the right to discontinue the sale of a product at any time, in compliance with applicable legislation.
The information, characteristics, photographs, and graphics presented on the website are provided with the greatest possible accuracy, based on data provided by manufacturers or suppliers. This information aims to inform the Client comprehensively about the essential characteristics of the products offered.
Article 2 - Prices and Availability
Product prices are subject to change without notice. We reserve the right to modify or terminate the Service, or any part of it, at any time and without notice.
The prices displayed on the website are guaranteed within the limits of available stocks and are confirmed to the Client when validating their order. Although we commit to applying the rates indicated on the website at the time of the order, we reserve the right to change our prices at any time. However, in case of display of an incorrect price, considered manifestly derisory, the order will be canceled, and the Client will be promptly informed. The Client will then have the option, if desired, to reorder at the corrected and accurate price.
Our products and their prices remain valid as long as they are visible on the website and within the limits of available stocks. If, despite our vigilance, items from the order are unavailable, the Client will be notified by email as soon as possible. Their order will be automatically canceled, and a refund will be made if the Client's bank account has been debited.
These conditions apply to any order placed on the website and constitute a contractual agreement between the Client and Splash-gun.
Article 3 - Placing an Order
The ordering process at Splash-gun proceeds in five simple steps:
- Product Selection: The Client chooses the desired products accurately, specifying options such as color, size, etc., as indicated on the website https://splash-gun.com/.
- Quantities and Identification: The Client specifies the desired quantities and identifies themselves using their email address and personal password, or by providing the usual online registration information.
- Delivery Information: The Client provides the necessary details for delivery, including the exact address and any accessibility restrictions.
- Payment Method: The Client selects their preferred payment method from secure third-party options such as Stripe or PayPal, thereby ensuring the protection of their banking information.
- Validation and Payment: Once the payment method is chosen, the Client proceeds to the final validation of their order. This step confirms acceptance of the transactions made on the website https://splash-gun.com/ and makes the amounts corresponding to the selected products due.
The final validation of the order constitutes formal acceptance of the sales conditions and operations performed, without Splash-gun having access to or storing sensitive information regarding the Client's credit cards.
Article 4 - Order Confirmation
Following the acceptance of payment by the Client, they will receive an email confirmation of their order, summarizing all the items ordered as well as the delivery address. The validation of the order by the Client and the order confirmation sent by Splash-gun via email, following the acceptance of payment, constitute the conclusion of a sales contract between the Parties, and imply acceptance of the General Sales Conditions.
It is the responsibility of the Client to verify the completeness and conformity of the information provided to Splash-gun. In case of input errors resulting in a delay or error in delivery, all costs incurred for reshipment will be borne by the Client.
Splash-gun reserves the right not to validate an order in the event of abnormal or abusive claims, abnormal orders in terms of quantities ordered, abnormal or abusive exchanges or returns, or in the event of existing dispute(s) with the client. Furthermore, Splash-gun reserves the right to refuse an order for legitimate reasons such as: the ordered item is no longer in stock, inability to obtain payment authorization, an error in the product information (including price or promotion), or suspicion of fraudulent activity. In all cases, the Client will be informed accordingly, and if payment for the order has already been made, a refund will be made promptly and within a maximum period of 30 days.
Article 5 - Payment
The Client makes payments on the website https://splash-gun.com/ using credit cards from the Visa, Mastercard, Maestro, and American Express networks via the secure payment platform provided by Paypal or Stripe.
For payments via Paypal, the terms are specific to the payment service provider's platform and are independent of Splash-gun, which does not intervene in any way in the use of this service. All conditions and terms relating to payment via Paypal are governed by the General Terms of Use of this service, available at the address https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full. These conditions apply simultaneously with these General Sales Conditions. Splash-gun does not retain any banking information of the Client, in accordance with the provisions below. Splash-gun cannot be held responsible for any malfunction occurring on the Paypal payment platform.
By accepting these general sales conditions, the Client also agrees to be bound by the General Terms of Use of Paypal, accessible at the aforementioned address. These conditions can only be modified by Paypal. Splash-gun has no authority to modify the General Terms of Use of Paypal, a provider over which it has no control.
Regarding payments via Stripe, the terms are specific to this platform and are independent of Splash-gun. The General Terms of Use of Stripe govern the use of this service, and the Client agrees to be bound by these conditions by using this payment method. Splash-gun has no control over any changes made to the General Terms of Use of Stripe by the payment service provider.
By using the payment services offered on the website https://splash-gun.com/, the Client acknowledges having read and accepted these conditions as well as the specific conditions of Paypal or Stripe, depending on the payment method used.
Article 6 - Delivery
2.1 Delivery and Shipping Timeframe
Splash-gun undertakes to ship the ordered products within a maximum period of 30 days from the confirmation of the order by the Client. If this deadline is exceeded, the Client has the right to request cancellation of the order and demand a full refund from Splash-gun. To do so, the Client must contact our Customer Service within 15 days following the expiration of the maximum delivery period.
However, it is important to note that any manufacturing delay with Splash-gun suppliers does not entitle to compensation or interest. Likewise, a delivery delay cannot under any circumstances give rise to any compensation or penalty.
We encourage our customers to inform us of any delivery delay exceeding 7 days from the scheduled delivery date during the ordering process. This information will allow us to initiate an investigation with the relevant carrier. During the course of this investigation, if the package is found, it will be immediately forwarded to the Client's delivery address. Please note that no refund, credit, or merchandise return can be made during this investigation period.
It should be noted that delivery within the agreed timeframe can only be ensured if the Client is up to date with their obligations towards Splash-gun.
2.2 Delivery Address
The products are shipped and delivered to the address provided by the Client when placing their order. Delivery is made in accordance with the delivery charges specified in the order. For this, Splash-gun relies on an external carrier.
It is important for the Client to carefully check the accuracy of their delivery address during the ordering process. Splash-gun disclaims any responsibility in case of error in the delivery address provided by the Client. If the package is returned to Splash-gun due to an error in the delivery address provided by the Client, the Client will be responsible for the re-shipment costs of the package. Therefore, it is recommended for the Client to verify and correct their delivery address before finalizing their order.
ARTICLE 7 – Warranties
Verification upon receipt: The Client is invited to check the conformity of the Products received in execution of their order at the time of delivery. In case of damaged package, the Client is requested not to accept the package and to refuse it. No claim will be taken into account in the absence of reservation made upon receipt of the damaged package.
Return procedure: If a product is defective, the Client may be required to return it to Splash-gun. Subject to the conditions of return being met, Splash-gun will proceed with the exchange, issuance of a credit, refund of the defective product(s), or reshipment of the missing product.
Legal warranties: In accordance with Article 4 of decree no. 78-464 of March 24, 1978, these general sales conditions do not exclude the legal warranty requiring the professional seller to guarantee the consumer against hidden defects in the thing sold.
Conformity and hidden defects: Splash-gun guarantees that the products sold are compliant with the expected use and do not present any defects or hidden defects making them dangerous or unsuitable for their normal use. In case of non-compliance of the product or presence of hidden defects, Splash-gun will proceed with the refund of the product in accordance with the provisions of the French Consumer Code.
The Client is invited to contact the Customer Service of Splash-gun for any return request or claim concerning the product warranties.
ARTICLE 8 - Responsability
Placing an order on the Website implies knowledge and acceptance of the procedures in force on the Internet network, particularly regarding technical performance and risks associated with its use.
Splash-gun undertakes to accurately describe the products sold on the Website, but cannot be held responsible in case of non-performance due to an unforeseeable event or force majeure.
Splash-gun disclaims any responsibility for inconveniences or damages resulting from the use of the Internet network, such as service interruptions or computer viruses.
The products offered comply with current legislation, but Splash-gun cannot be held responsible for damages resulting from their use.
Splash-gun is not responsible for the content of websites to which hypertext links may refer from the website https://splash-gun.com/, if this content violates current legal provisions.
ARTICLE 9 - Right of Withdrawal
In accordance with current legal provisions, the Client has a period of fourteen (14) calendar days from the receipt of their order to exercise their right of withdrawal, without having to justify reasons or pay penalties.
To exercise this right, the Client must submit an explicit written statement in which they declare to terminate the sales contract. If this period expires on a Sunday or a public holiday, it is extended until the next working day.
The returned products must be in perfect resale condition, undamaged and unused, and must be accompanied by all their accessories, in their original intact packaging (neither pierced, stained, nor torn), as well as a copy of the purchase invoice.
To exercise their right of withdrawal, the Client must contact our customer service at the following address: contact@splash-gun.com. Our team will provide you with the return procedure to follow before returning the concerned product(s).
The return costs remain the responsibility of the Client. The returned products will be refunded, excluding delivery and return costs, via the payment method used for the initial order, within a maximum period of fourteen (14) days from the receipt of the merchandise by Splash-gun.
Personalized products cannot be returned. However, in case of defective product or non-compliance with the order, please contact us immediately at the above-mentioned address to arrange for the return and replacement of the product.
All packages must be returned via Colissimo or any other method with tracking, allowing to prove the sending by the Client and the receipt by Splash-gun.
For any question or request for additional information regarding the exercise of the right of withdrawal, please contact us by email at the following address: contact@splash-gun.com.
ARTICLE 10 - Personal Data
Splash-gun is committed to protecting the confidentiality of personal data collected during the use of its website. This data is collected in accordance with current legal and regulatory provisions, including the French law on personal data protection.
The personal data collected is intended for internal use and will not be transferred, rented, or sold to third parties without the prior consent of the user.
The processing of personal data is carried out in order to manage orders, send commercial information, personalize offers, and improve the user experience on the website.
In accordance with current regulations, the user has the right to access, rectify, delete, and object to data concerning them. To exercise these rights, the user can contact Splash-gun through the means indicated in the "Contact" section of the website.
Splash-gun is committed to taking all necessary measures to ensure the security and confidentiality of the personal data collected, particularly by preventing their alteration, disclosure, or access by unauthorized third parties.
The privacy policy detailing the collection, use, and protection of personal data is accessible on Splash-gun's website. By using the website, the user acknowledges having read this policy and accepts its terms.
ARTICLE 11 - Applicable Law
In the event that any provision of these General Terms and Conditions of Sale is declared null, illegal, or unenforceable by a court decision, the other provisions shall remain in effect.
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law.
In the event of a dispute, the Client agrees to contact Splash-gun as a priority to attempt to find an amicable solution. In the absence of an agreement, any dispute relating to the interpretation, performance, or termination of the contract shall be brought before the Commercial Court of Paris, which shall have sole jurisdiction, regardless of the actual place of delivery of the order.
This website complies with French legislation. Splash-gun provides no guarantee of compliance with applicable local legislation in other countries. Access to the website from other countries shall not engage the liability of Splash-gun regarding compliance with local legislation.