Terms of Use

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

Version applicable from January 8th 2024

 

Article 1 – Purpose and scope

These general terms and conditions of use (hereinafter referred to as the “General Terms and Conditions of Use”) governs the conditions of use of the website published by Aqualung Corporate, société anonyme with registered office at 300 Rue du Vallon, les Vaisseaux – Bâtiment C, 06560 Valbonne – Sophia Antipolis – France registered in France under number RCS 823 142 203 (hereinafter referred to as “AQUALUNG”) which is accessible at the following URL address www.aquasphereswim.com (hereinafter referred to as the “Website") by any internet users (hereinafter referred to as the “User(s)").

The Website allows the User to find out information about AQUALUNG's brand, activities, products, specifications, etc... This list is provided for information only and is not exhaustive.

AQUALUNG reserves the right to modify these General Terms and Conditions of Use from timto time.

 

Article 2 – Legal information

Phone number: +33 4 22 53 26 00

Email address: consumersupport-emea@aquasphereswim.com

Names of director or co-editor of the publication of the website: Sebastien Franquet

Corporate name, address, and phone number of the hosting provider of the website: Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

 

Article 3 – Enforceability

Accessing and using this Website implies knowledge and acceptance of these General Terms and Conditions of Use.

 

Article 4 – Accessibility

The User may access the Website from any recent equipment (e.g. computer, mobile, etc.) with a connection to the internet network.

The acquisition of this equipment, its configuration, its maintenance and all related costs are the sole responsibility of the User, AQUALUNG having no obligation whatsoever in this respect.

 

Article 5 – Availability

AQUALUNG makes its best efforts to ensure availability of the Website.

Considering the constraints of the internet network, AQUALUNG provides no guarantee in relation to the availability of the Website. AQUALUNG does not guarantee the User that the Website will operate without interruption, malfunction or any other error.

AQUALUNG shall not be liable in the event of the Website being unavailable due to malfunctions of the internet network or any other event beyond its control.

AQUALUNG reserves the right to interrupt, temporarily suspend or modify access to all or part of the Website without prior notice, in particular in order to ensure maintenance or for security or improvement purposes.

 

Article 6 – Security

AQUALUNG makes its best efforts to ensure security of the Website. The User is solely responsible for the security of the login and password granted, as the case may be, by AQUALUNG. The User shall not disclose its login and password to a third party.

The User undertakes:

The User shall indemnify AQUALUNG in the event that the latter is held liable for any breach of the obligations set out in this Article.

 

Article 7 – Intellectual property

AQUALUNG is the exclusive owner of all intellectual property rights in relation to the Website, its content and all components e.g. development, logo, graphic charter, texts, pictograms, photographs, videos, etc.

The User shall not modify, copy, reproduce, download, broadcast, transmit, commercially exploit and/or distribute in any way whatsoever the Website, its content and/or its components for any reason whatsoever without the prior written authorisation of AQUALUNG.

Any use of the Website, its content and/or its components not expressly authorised by AQUALUNG constitutes an infringement which may lead to civil and/or criminal penalties.

 

Article 8 – Liability

AQUALUNG makes its best efforts to display up-to-date and accurate information on the Website.

AQUALUNG shall not be liable to the User under these General Terms and Conditions of Use for any indirect damages suffered by the User that may result from access to or use of the Website including without limitation damages for harm to business, lost revenues, lost savings or lost profits.

In the event of non-compliance with the General Terms and Conditions of Use, AQUALUNG reserves the right to:

 

Article 9 – Personal data and Cookie

All information related to your Personal Data and the use of Cookies on our Website can be found in our Privacy and Cookie Policy which is available in the dedicated section of the Website.

 

Article 10 – Non waiver

The failure or omission of AQUALUNG to insist, in any instance, upon strict performance by the User of any term or provision of these General Terms and Conditions of Use or to exercise any of its rights hereunder shall not be deemed to be a modification of any term hereof or a waiver or relinquishment of the future performance of any such term or provision by AQUALUNG, nor shall such failure or omission constitute a waiver of the right of AQUALUNG to insist upon future performance by the User party of any such term or provision.

 

Article 11: Governing law and jurisdiction

Any dispute relating to these General Terms and Conditions of Use is governed by French law to the exclusion of all other law. It falls under the exclusive jurisdiction of the French courts, but the User may bring a claim under these General Terms and Conditions of Use in their local courts if they do not live in France. If the User has its actual residence in another country at the time of his or her use of the Website, the application of mandatory legal provisions of this country remains unaffected by the choice of law.