SAQUA is a sole proprietorship organized and existing under the laws of France, registered to the « répertoire des métiers » by Louise Poet.
Email : [email protected]
www.saqua-studio.com is managed and maintained by Big Cartel LLC, with registered office in Sacramento, CA 95834 - 1625 North Market Blvd.
Hosting : Google Domains, with registered offices in Mountain View, CA 94043 – 160 Amphitheatre Parkway.
Payments : Via Stripe, with registered offices in San Francisco, CA 94103 - 510 Townsend Street, and via Paypal, with registered offices in 12312 Port Grace Blvd. La Vista, NE 68128.
General Terms and Conditions
1. Scope and acceptance of the General Terms and Conditions
The access to and use of this website as well as the purchase of products on store www.saqua-studio.com are based on the assumption that you have read, understood and accepted these General Terms and Conditions.
The purchase of Products offered on the website www.saqua-studio.com (hereafter the “Website”) is subject to these General Terms and Conditions (hereafter the “Terms”).
SAQUA products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that they are acting as end consumer and that they have no intention of reselling the Products for commercial purpose.
SAQUA can update these Terms at any time.
The Customer can familiarize themselves at any time with the version of the Terms then in force by clicking on the link https://www.saqua-studio.com/terms. The applicable Terms at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.
Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable Terms on the date of placing their order. The Terms can be viewed at the time they are asked to confirm that they accept them.
2. Terms of the Order
Any order placed on the Website shall imply express acceptance of the Terms and acceptance of the prices and Products available for sale on the Website.
2.1. Order process
The Customer who wants to place an order must comply with the following procedure:
1. Product choice: the Customer must select the Product that they would like to order.
2. Checking of the content of the Customer’s selection: the Customer checks the content of their basket whilst having the opportunity to delete the Products they have selected.
3. Identification: the Customer must complete the identification form made available to them and provide the requested information (mandatory information: surname, first name or corporate name, email address, postal address for the delivery).
4. Checking of the Customer’s order: the Customer checks the content of their order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms their method of payment.
5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of their order, namely:
– Their surname, name / company name
– The invoicing address
– The delivery address
– The number of their order
– The date of the order
– The list of Products ordered and their amounts
This document is the official proof of their order.
The order is then registered and processed by SAQUA. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
2.2 Confirmation of shipping of the order
The Customer receives an e-mail summarizing the content of their order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
2.3 Tracking of the order
A carrier tracking number is provided to the Customer when their order has been dispatched.
If the Customer wants to obtain information concerning the progress of their order, their may log into the website of the carrier chosen by SAQUA.
3. Product availability
The offers of Products and prices of SAQUA are valid while they are visible on the Website.
SAQUA shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by SAQUA.
SAQUA reserves the right to change at any time and without prior notice the Products offered on the Website.
To ensure a better quality of service and availability of its Products with all of its online Customers, SAQUA reserves the right to limit the quantity of Products that can be bought by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L.121-11 of the French Consumer Code.
Although all efforts are made to ensure that the pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of reproduction on the Customer’s computer equipment. Consequently, SAQUA cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.
SAQUA reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if SAQUA reasonably considers that this Customer has infringed these Terms or that they have been engaged in a fraudulent activity, or for any other legitimate reason.
The Prices of Products are expressed in Euros, inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer.
SAQUA reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
The Products are invoiced on the basis of tariffs displayed on the Website at the time when the order is placed.
All the orders are payable in Euros and must be settled immediately upon placing the order.
* Payment terms and conditions: via Stripe and Paypal
5. Reservation of Ownership
The ordered Products remain the property of SAQUA until receipt of full payment of the price by SAQUA. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.
6. Terms and conditions of delivery
Shipping costs depend on the country and the total weight of the order. It shall be indicated on the invoice.
SAQUA cannot be held responsible for any costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
For all the Products, the order is prepared for departure by SAQUA within a maximum period of 10 (subject to stock availability) from confirmation by e-mail of the order. The average period between the order and its delivery in France is of 7 working days. This is an average period based on prior orders. Exceeding this period, especially for delivery outside Europe, may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products proposed on the Website do not have stock and are made 'on order'), the periods indicated above can be longer. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, failure to deliver within a period of 30 days from the day after the Customer placed the order, the latter shall have the possibility to cancel the order at no cost. The sums that they will have paid will then be reimbursed.
Generally, all of the parcels are shipped via Colissimo for France and Delivengo Easy for the rest of the world. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
The Customer must check the compliance of the Products delivered at the time of the delivery.
In the event of reservations regarding the delivery, the Customer must also confirm them to carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to SAQUA by e-mail to the address [email protected].
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, SAQUA cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, SAQUA shall be entitled to request that the Customer pay the corresponding fees for this second delivery.
The Customer is subject to the general terms of delivery of the carrier that, in some cases, if they do not submit to them can impact the quality of the delivery.
Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left in the mailbox, at an agreed drop-off point and/or in front of the Customer’s home and/or in a “sorting – pending” centre of the carrier and/or returned to SAQUA who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.
In the event that it is impossible to deliver and if the product must be returned to SAQUA by the carrier, SAQUA will not make any new delivery.
7. Right of withdrawal
The products available on the Website www.saqua-studio.com are considered as underwear.
Thereby, pursuant to the article L121-21-8 of the french Consumer Code, the right of withdrawal cannot be exercised for reasons of hygiene or health protection.
Any order placed on the Website shall imply express acceptance of the « Right of withdrawal » clause of the Terms, and the impossibility to return the ordered product.
It is highly recommended to the Consumer to refer before any order to the “Sizing” tab, available on the Website, to avoid any errors, especially concerning - but not exclusively- the size of the Products.
8. Statutory warranties
The Products sold by SAQUA are subject to the conditions of statutory warranties provided by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 through 1648 of the Civil Code, to the exclusion of any other warranties.
SAQUA shall refuse any complaint for Products that have been used contrary to their intended use.
Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address [email protected].
8.1 Statutory warranty of conformity
SAQUA shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. SAQUA is also liable for conformity defects resulting from the packaging, assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.
8.2 Statutory warranty against hidden defects
SAQUA shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that they would not have acquired it or would have paid a lower price if they had been aware of them.
These guarantees shall apply provided that the Customer makes the request in a period of 24 months following the delivery of the Product (for the statutory warranty of conformity) or the discovery of the defect (for the statutory warranty of hidden defects).
Conformity defects that appear within a period of 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of an actual non-conformity on a Product sold by SAQUA, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for SAQUA. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to them unless the conformity defect is minor.
In the event of an actual hidden defect on a Product sold by SAQUA, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to them.
In any event, it shall be up to the Customer to prove that they fulfill the conditions of the guarantee properly.
The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.
In the case of lack of conformity and/or hidden defects admitted by SAQUA, the Customer shall inform SAQUA by email at [email protected].
9. After-sales service and availability of spare parts
Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the customer service via email at [email protected]
In accordance with Article L 111-3 paragraph 1 of the French Consumer Code, SAQUA makes not warranty regarding the availability period of spare parts that are essential for the use of the Products. SAQUA shall nonetheless make its best efforts to satisfy its Customers in the event of a request for one or several spare parts.
10. Limitation of liability
In no event may SAQUA be held liable for any damage which does not result from a failure by SAQUA to honour one of its obligations.
11. Personal data
11.1. When the Customer orders on www.saqua-studio.com, SAQUA collects personal information (name, surname / corporate name, e-mail address and mailing address) via the ordering form in order to process and delivery of their orders.
11.2. The order process on the Website requires the storage of a Customer personal information. This information is strictly confidential and intended for SAQUA exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679 (GDPR).
SAQUA notably undertakes to:
(i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity,
(ii) ensure that the persons authorized to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature.
11.3. In compliance with the Law and GDPR Regulation, SAQUA only stores User’s personal data during a timeframe reasonably necessary to achieve the purposes for which it is collected.
11.4. The Customer shall at all times have a right of access, amendment, rectification and deletion of their data. To exercise this right, they may present a request to SAQUA by e-mail to the address [email protected]
11.5. Personal information will not be used by SAQUA for marketing purposes and will not be transferred to a third-party for this purpose.
Cookies are used in order to improve your experience of the site. The cookie identifies your computer and allows the site to remember your personal settings.
Cookies are also used for statistical purposes.
You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. The web shop cannot be used if cookies are disallowed.
11.7. SAQUA reserves the right to modify this Clause for compliance with privacy laws and regulations or in order to adapt it to its practice. Therefore, the Consumer is encouraged to consult it regularly to be aware of potential modifications and adaptations.
12. Processor’s limitation of liability
The Website may contain hyperlinks to websites controlled and exploited by third parties not linked to SAQUA. In such a case, SAQUA cannot be held responsible for the content of these websites, or for these third parties practice as regards to personal data protection.
SAQUA cannot be held responsible for the loss, the data corruption or the identity theft, which may be caused particularly but not only by the presence of virus or by cyber-attacks.
13. Intellectual property
All documents, information, texts, graphs, images, photographs or any other content published on the www.saqua-studio.com Website are the exclusive property of SAQUA. Consequently they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorization of SAQUA.
SAQUA is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of SAQUA and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to SAQUA.
14. Force majeure
“Force majeure” means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
In the situation where SAQUA is prevented or delayed by a force majeure case in honoring its commitments, SAQUA undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention.
SAQUA shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, SAQUA may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that SAQUA shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.
15. Governing law – Disputes
These Terms shall be governed and interpreted in accordance with French law.
In the event of a dispute, the French courts shall have sole jurisdiction.
In the event of a dispute arising in connection with the performance and/or the interpretation of these Terms, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure. Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and to the application decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation through the CMAP – Paris Centre of Mediation and Arbitration.