Effective as of January 1, 2024

ARTICLE 1 – Scope

These General Terms and Conditions of Sale (hereinafter the “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (the “Customers” or the “Customer”) wishing to purchase the products offered for sale (the “Products”) by the Seller on the website www.turtlesystem.fr. The Products offered for sale on the site are as follows:

Aquariums and related products.

The main characteristics of the Products, including specifications, illustrations and any indications of dimensions or capacity, are presented on the website www.turtlesystem.fr and the Customer is required to review them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability or to production capacities for customised or made-to-measure products, as specified when the order is placed.

These GTC are accessible at any time on the website www.turtlesystem.fr and shall prevail over any other document.
The Customer declares having read these GTC and accepted them by ticking the box provided for this purpose before completing the online ordering procedure on www.turtlesystem.fr.
Absent proof to the contrary, the data recorded in the Seller’s information system shall constitute proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Turtle System, SAS
Share capital: €3,000
Registered with the Trade and Companies Register (RCS) of Chalon-sur-Saône under number 901050013
9 rue de la gare – 71390 Buxy
Email: contact@turtlesystem.fr
Intra-Community VAT number: FR29901050013

The Products presented on www.turtlesystem.fr are offered for sale to the following territories:
French overseas departments and territories (DOM/TOM) and all countries of the European Union.

For orders to any country other than metropolitan France, the Customer acts as the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax (HT) automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne exclusively by the Customer.

ARTICLE 2 – Prices

Products are supplied at the rates in force and shown on www.turtlesystem.fr at the time the Seller records the order.
Prices are expressed in Euros, excluding tax (HT) and including tax (TTC).
Rates take into account any discounts that may be granted by the Seller on www.turtlesystem.fr.
These rates are firm and not subject to revision during their period of validity, but the Seller reserves the right to change prices at any time outside of any validity period.

Prices do not include handling, shipping, transport and delivery charges, which are invoiced in addition under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select on www.turtlesystem.fr the Products he/she wishes to order, according to the following terms:

The Customer chooses and configures, where applicable, a product which he/she adds to the basket. The product may be deleted or modified before validating the order and accepting these General Terms and Conditions of Sale. To place an order, the Customer must log in to his/her customer account or create one if he/she does not already have one. The Customer then chooses the delivery method among the options offered, adapted to the product(s) in the basket. After validation of the information, the order shall be considered final and payment by the Customer will be required under the terms provided.

Product offers are valid as long as they are visible on the site, subject to stock availability or production capacities for personalised or made-to-measure products. Any other request for product manufacture must be made via our dedicated section and will be the subject of a specific quote after the Seller’s written agreement.
The sale will only be deemed valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.
Any order placed on www.turtlesystem.fr constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there exists a dispute relating to payment of a previous order or to a deliberate attack on the company’s image and/or reputation.
The Customer may track the progress of his/her order on the site.

ARTICLE 3 bis – Customer area – Account

In order to place an order, the Customer is invited to create an account (personal area).
To do so, he/she must register by completing the form presented at the time of ordering and undertakes to provide sincere and accurate information concerning his/her identity and contact details, including e-mail address.
The Customer is responsible for keeping the information provided up to date. He/she may modify it by logging into his/her account.
To access his/her personal area and order histories, the Customer must identify him/herself using the username and password that will be communicated after registration and which are strictly personal. The Customer undertakes not to disclose them. Otherwise, he/she alone will remain responsible for any use made of them.
The Customer may also request account deletion by going to the dedicated page in his/her personal area or by sending an e-mail to: contact@turtlesystem.fr. This will be effective within a reasonable period.

In the event of non-compliance with the general terms and conditions of sale and/or use, www.turtlesystem.fr may suspend or even close a Customer’s account after a formal notice sent electronically that remains without effect.
Any account deletion, for whatever reason, results in the complete removal of all the Customer’s personal information.
Any event due to force majeure causing a malfunction of the site or server and subject to any interruption or modification for maintenance shall not engage the Seller’s liability.
Creating an account implies acceptance of these General Terms and Conditions of Sale.

ARTICLE 4 – Payment terms

The price is paid by secure payment methods, as follows:

  • payment by bank card; or
  • payment by bank transfer to the Seller’s bank account (details provided to the Customer when placing the order).

The price is payable in full by the Customer at the time the order is placed.

Payment data are exchanged in encrypted mode thanks to the protocol defined by the accredited payment provider handling card transactions on www.turtlesystem.fr.

Payments made by the Customer will only be considered final once the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer has not paid the price in full under the conditions specified above.

ARTICLE 5 – Deliveries

Products ordered by the Customer will be delivered in metropolitan France, in the DOM/TOM and throughout the European Union.

Deliveries occur within 48 hours if products are in stock (standard products) or once products are completed in production (made-to-measure products or products not in stock at the time of order) to the address indicated by the Customer when placing the order on the site.
Delivery consists of transferring to the Customer physical possession or control of the Product. Except in particular cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
The Seller undertakes to use its best efforts to deliver the ordered products within the timeframes specified above.

If the Products ordered have not been delivered within one month after the estimated delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be rescinded at the Customer’s written request under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

Deliveries are carried out by an independent carrier, to the address provided by the Customer at the time of order and that the carrier can easily access.
Where the Customer has arranged for the use of a carrier chosen by him/her, delivery shall be deemed effected upon handing over the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to carry out the delivery and has no recourse against the Seller for failure to deliver the transported goods.

The Seller also offers free collection from its premises located at: 9 rue de la gare – 71390 Buxy.

If the Customer makes a specific request regarding packaging or transport conditions for the ordered products, duly accepted in writing by the Seller, any related costs will be invoiced additionally, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products. He/she has a period of 2 days from delivery to submit claims by e-mail or postal mail, accompanied by all supporting documents (photos in particular). After this period and failing to have respected these formalities, the Products will be deemed conforming and free of any obvious defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided in Articles L217-4 et seq. of the Consumer Code and in these GTC.

The transfer of the risk of loss and deterioration related thereto shall occur only when the Customer takes physical possession of the Products. Products therefore travel at the Seller’s risk except where the Customer has chosen the carrier. In that case, risks are transferred at the time of handover of the goods to the carrier.

ARTICLE 6 – Transfer of ownership

Transfer of ownership of the Products from the Seller to the Customer shall occur only after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

For standard products:

  • In accordance with Article L221-18 of the French Consumer Code: “For contracts providing for the regular delivery of goods during a defined period, the withdrawal period begins on receipt of the first good.”
  • The right of withdrawal may be exercised online, by simple request by e-mail to contact@turtlesystem.fr, expressing the wish to withdraw, or by postal mail addressed to the Seller at the postal address or e-mail indicated in ARTICLE 1 of the GTC.
  • Returns must be made in their original condition and complete (packaging, accessories, instructions…) allowing their resale as new, accompanied by the purchase invoice.
  • Damaged, soiled or incomplete Products will not be accepted for return.
  • Return costs are borne by the Customer.
  • Exchange (subject to availability) or refund will be made within 14 days from receipt by the Seller of the Products returned by the Customer under the conditions provided in this article.

For made-to-measure or personalised products:

  • Given the nature of the Products sold, orders placed by the Customer are not eligible for the right of withdrawal.
  • The contract is therefore concluded definitively upon placement of the order by the Customer under the terms specified in these GTC.

ARTICLE 8 – Seller’s liability – Warranties

Products supplied by the Seller benefit from:

  • the statutory warranty of conformity for Products that are defective, damaged or do not correspond to the order;
  • the legal warranty against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.

Provisions relating to statutory warranties

Article L217-4 of the Consumer Code
“The seller is bound to deliver a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, instructions for assembly or installation where such packaging, instructions or installation were his responsibility.”

Article L217-5 of the Consumer Code
“A good is in conformity with the contract:
1° If it is fit for the use ordinarily expected of a similar good and, where appropriate:

  • if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
  • if it presents the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
    2° Or if it presents the characteristics defined by mutual agreement of the parties or is fit for any special use sought by the buyer and brought to the seller’s attention and which the seller has accepted.”

Article L217-12 of the Consumer Code
“The action resulting from lack of conformity is prescribed by two years from the delivery of the good.”

Article 1641 of the Civil Code
“The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given a lower price for it, had he known of them.”

Article 1648, first paragraph, of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code
“When the buyer requests the seller during the commercial warranty period that was given to him at the time of the acquisition or repair of a movable good a repair covered by the warranty, any immobilisation period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.”

To assert his/her rights, the Customer must inform the Seller in writing (e-mail or letter) of the non-conformity of the Products or the existence of hidden defects as from their discovery.
The Seller will refund, replace or repair Products or parts under warranty that are found non-conforming or defective.
Shipping costs will be reimbursed on the basis of the amount invoiced and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products found non-conforming or defective will be carried out as soon as possible and at the latest within one year following the Seller’s verification of the defect of conformity or hidden defect. Such refund may be made by bank transfer or cheque.
The Seller’s liability cannot be engaged in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check;
  • in cases of misuse, negligence or lack of maintenance by the Customer, as well as normal wear of the Product, accident or force majeure.
    Photographs and graphics presented on the site are not contractual and cannot engage the Seller’s liability.
    The Seller’s warranty is, in any event, limited to replacement or refund of non-conforming or defective Products.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by the Seller as well as for their transmission to third parties for the purpose of delivery of the Products. Such personal data are collected solely for the performance of the sales contract.

9.1 Collection of personal data

Personal data collected on www.turtlesystem.fr are as follows:

Account opening
When creating a Customer/user account:
Names, first names, postal address, telephone number and e-mail address.

Payment
For payment of Products offered on www.turtlesystem.fr, the site uses the “https” protocol during the registration and payment process. This “Hypertext Transfer Protocol Secure” guarantees the confidentiality and integrity of the data you provide to register your customer account and that you provide directly to the bank when paying by card on our site.

9.2 Recipients of personal data

Personal data are used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sales service and delivery of Products.
The category(ies) of co-contractor(s) is/are: transport service providers.

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical measures in the field of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of transmission or storage of information on the Internet.

9.7 Exercise of Customers’ and users’ rights

Pursuant to applicable personal data regulations, Customers and users of www.turtlesystem.fr have the following rights:

  • They may update or delete the data concerning them by logging into their customer account.
  • They may delete their account by writing to the e-mail address indicated in Article 9.3 “Data controller”.
  • They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 “Data controller”.
  • If personal data held by the Seller are inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”.
  • They may request deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 “Data controller”.
  • They may also request portability of the data held by the Seller to another provider.
  • Finally, they may object to processing of their data by the Seller.
    These rights, insofar as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are indicated above.
    The Data Controller must respond within a maximum period of one month.
    If the Customer’s request is refused, the refusal must be justified.
    The Customer is informed that in case of refusal he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or initiate legal proceedings.
    The Customer may be invited to tick a box consenting to receive informative and promotional e-mails from the Seller. He/she will always have the possibility to withdraw consent at any time by contacting the Seller (details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of www.turtlesystem.fr is the property of the Seller and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 11 – Applicable law – Language

These GTC and the operations arising therefrom are governed by and subject to French law.
These GTC are drafted in French. In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 12 – Disputes

For any complaint, please contact customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he/she may in any case resort to conventional mediation, to sectoral mediation bodies in existence or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is:
CM2C
49 Rue de Ponthieu
75008 Paris
Website: www.cm2c.net
E-mail: cm2c@cm2c.net
Telephone: +33 1 89 47 00 14

The Customer is also informed that he/she may use the Online Dispute Resolution platform (RLL).

All disputes relating to purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the Seller and the Customer or by mediation, shall be submitted to the competent courts under ordinary law.