PREAMBLE
These General Terms and Conditions of Sale apply to all sales concluded on the HUMIDITÉ CONSEIL website.
The website https://humidite-conseil.com is operated by:
HUMIDITÉ CONSEIL SAS
Registered office: 57 Avenue Gambetta, 82000 Montauban, FRANCE
Email: humidite.conseil@gmail.com
Website: https://humidite-conseil.com
RCS Toulouse No.: 911 135 853
The HUMIDITÉ CONSEIL website sells the following products: anti-humidity products and anti-limescale products.
The customer declares that they have read and accepted these General Terms and Conditions of Sale before placing their order. Any order validation therefore constitutes acceptance of these Terms and Conditions.
Mandatory technical recommendations – ATE / ATG products
Installation
The devices must be installed in accordance with the technical instructions provided by HUMIDITÉ CONSEIL. Compliance with the installation instructions is necessary for the proper operation of the devices and for optimising the expected results.
The customer acknowledges having been informed that the effectiveness of the device depends in particular on the correct choice of model, its location, the configuration of the building, the actual origin of the humidity and compliance with the technical recommendations.
Stripping the walls
It is recommended to strip the lower part of the walls approximately 10 cm above the damaged area in order to allow better evaporation of residual moisture and to promote the breathability of the substrates.
This recommendation may be important when the walls are covered with blocking materials, unsuitable renders, waterproof paints or coverings that prevent natural evaporation.
Ventilation
Suitable ventilation is necessary to promote the evacuation of ambient humidity and support the gradual drying of the walls.
It is particularly recommended to provide:
1.5 cm clearance under doors in dry rooms;
2 cm clearance under doors in damp rooms;
ventilation that complies with current standards and is adapted to the configuration of the dwelling.
Insufficient ventilation may slow down the results and encourage the persistence of excessive ambient humidity, independently of the operation of the installed device.
Wall restoration
Once the walls are sufficiently dry, it is recommended to brush off any hygroscopic salts that may be present, then redo the render with suitable materials, particularly lime-based materials, and, if necessary, with an anti-salt additive.
Finishing work carried out too early, on a surface that is still damp or loaded with salts, may lead to aesthetic or technical deterioration, without necessarily calling into question the operation of the device.
Drainage
In the event of lateral infiltration, external water pressure, waterproofing defects or underground water ingress, drainage or an appropriate treatment may be necessary in order to evacuate the water before it reaches the foundations or buried walls.
ATE / ATG devices are not intended to treat infiltration, flooding, direct water ingress or structural waterproofing defects.
Responsibilities and warranties related to technical recommendations
Important information – Please read carefully
The drying speed of walls and the observed results may vary depending on several factors, including:
the thickness of the wall;
its composition;
its age;
the initial level of humidity;
the actual origin of the humidity;
the coating applied;
the ventilation of the dwelling;
the possible presence of infiltration;
and compliance with the technical recommendations provided by HUMIDITÉ CONSEIL.
The customer acknowledges that strict compliance with the technical recommendations is necessary for the proper operation of the device and for optimising results.
Failure to comply with the instructions, installation guidelines or technical recommendations may limit the effectiveness of the product and may be taken into account when analysing any complaint.
In the event of incorrect installation, improper use, incorrect choice of location, product modification, impact, damage or clear failure to comply with the technical recommendations, the commercial warranty may be excluded or limited, without prejudice to the legal warranties applicable to the consumer.
HUMIDITÉ CONSEIL products are sold without any guarantee of results regarding the complete drying of walls or the overall treatment of humidity in the building. Results depend on many factors specific to the dwelling, its environment and the actual origin of the humidity.
This absence of a guarantee of results does not affect the legal warranties applicable to the product, including the legal warranty of conformity and the warranty against hidden defects where applicable.
Limits of the process
ATE / ATG devices are intended to support the treatment of humidity issues linked to rising damp, within the limits of their field of application and subject to compliance with the technical recommendations.
This process does not treat:
lateral or vertical infiltration;
direct water ingress;
flooding;
waterproofing defects;
pipe leaks;
condensation problems linked to insufficient ventilation;
mould already present;
existing deterioration of renders, paints or coverings.
These situations must be dealt with separately through works, treatments or interventions adapted to their origin.
The installation of an ATE / ATG device does not exempt the customer from identifying and treating other possible causes of humidity when they exist.
General recommendations
To ensure optimal use of the device, it is recommended to:
carefully read the technical instructions before installation;
choose a model adapted to the configuration of the building;
install the device in the recommended location;
strictly follow the recommendations provided;
check that the dwelling has sufficient ventilation;
separately treat infiltration, leaks, waterproofing defects or condensation problems when they exist;
contact HUMIDITÉ CONSEIL customer service in case of doubt regarding the choice of model, location or conditions of use.
Failure to comply with these recommendations may reduce the expected effectiveness of the device and may be taken into account when analysing any complaint, without prejudice to the legal warranties applicable to the consumer.
Customer contact: humidite.conseil@gmail.com
Article 1 – Principles
These General Terms and Conditions set out the entirety of the parties’ obligations. In this respect, the buyer is deemed to accept them without reservation when validating their order.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to sales in store or through other distribution and marketing channels.
They are available on the HUMIDITÉ CONSEIL website and shall prevail, where applicable, over any other version or contradictory document.
The seller and the buyer agree that these General Terms and Conditions exclusively govern their relationship.
The seller reserves the right to amend its General Terms and Conditions from time to time. The applicable Terms and Conditions are those in force on the date the buyer validates the order. Subsequent amendments shall not apply to orders already validated, unless expressly agreed by the parties or required by a mandatory legal provision.
If any condition of sale is missing, it shall be deemed to be governed by the practices in force in the distance-selling sector for companies whose registered offices are located in France.
These Terms and Conditions enter into force on the date the order is validated and remain in effect for the time necessary to supply the goods, until the expiry of the warranties and obligations owed by the seller.
Article 2 – Content
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the HUMIDITÉ CONSEIL website.
These Terms and Conditions apply to purchases made on the HUMIDITÉ CONSEIL website and delivered within the areas offered during the order process. For deliveries to French overseas territories or abroad, delivery terms may be specified on a case-by-case basis by HUMIDITÉ CONSEIL.
These purchases concern the following products: anti-humidity and anti-limescale products.
Article 3 – Pre-contractual information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these General Terms and Conditions of Sale and all information listed in Article L.221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
the essential characteristics of the goods;
the price of the goods and/or the method of calculating the price;
where applicable, all additional transport, delivery, postage and any other costs payable;
in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of their price;
information relating to the seller’s identity, postal address, telephone and electronic contact details, activities, legal warranties, and the existence and conditions of implementation of warranties and other contractual terms.
Article 4 – The order
The buyer may place an order online from the online catalogue and using the form provided, for any product, subject to available stock.
The buyer will be informed of any unavailability of the ordered product or goods.
For the order to be validated, the buyer must accept these General Terms and Conditions by clicking in the indicated area. The buyer must also choose the delivery address, the proposed delivery method and validate the payment method.
The sale shall be considered final:
after the seller has sent the buyer confirmation of acceptance of the order by email;
and after the seller has received full payment of the price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point shall be handled within the framework of the legal warranties, the right of withdrawal where applicable, or the provisions set out in these Terms and Conditions.
In certain cases, including payment default, incorrect address or any other issue with the buyer’s account, the seller reserves the right to block the order until the issue is resolved.
For any question relating to order tracking, the buyer may contact the seller by email at: humidite.conseil@gmail.com.
Article 5 – Electronic signature
The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement:
payment of the sums due under the order form;
signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as such use is detected, to contact the seller at the following address: humidite.conseil@gmail.com.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 – Proof of the transaction
The computerised records kept in the seller’s IT systems under reasonable security conditions shall be considered proof of communications, orders and payments made between the parties.
Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence.
Article 8 – Product information
The products governed by these General Terms and Conditions are those displayed on the seller’s website and indicated as sold and shipped by the seller. They are offered subject to available stock.
The products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, they may be corrected by HUMIDITÉ CONSEIL as soon as possible.
Product photographs are not contractual.
Information relating to product performance, expected results or conditions of use must be assessed in light of the instructions, technical recommendations, limits of the process and conditions specific to the building concerned, without prejudice to the applicable legal warranties.
Article 9 – Prices
The seller reserves the right to change its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition where applicable and indicated before validation of the order.
Prices include the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, including environmental taxes, were to be created or modified, whether increased or decreased, this change may be reflected in the sale price of the products.
Article 10 – Payment method
This is an order with an obligation to pay, meaning that placing the order requires payment by the buyer.
To pay for their order, the buyer may choose from all payment methods made available by the seller and listed on the seller’s website.
The buyer guarantees to the seller that they have the necessary authorisations, where applicable, to use the payment method chosen when validating the order.
The seller reserves the right to suspend any order processing and any delivery in the event of refusal of bank card payment authorisation by officially accredited organisations, payment rejection, payment default or suspected fraud.
The seller also reserves the right to refuse delivery or to honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
Payment of the price is made in full on the day of the order, according to the methods offered on the website, including:
bank card;
PayPal;
cheque;
bank transfer.
Where payment in instalments is offered and expressly accepted by HUMIDITÉ CONSEIL, it may be made according to a schedule agreed between the seller and the buyer on a case-by-case basis.
Article 11 – Product availability – Refund – Termination
Except in cases of force majeure or during periods when the online store is closed and clearly announced on the website, shipping times are indicated to the customer when placing the order, subject to available stock.
Shipping times run from the final validation of the order and the effective receipt of payment.
For deliveries in mainland France and Corsica, the usual time observed is 15 days from the day following validation of the order, according to the delivery methods offered at the time of purchase. In any event, unless a specific delivery time has been accepted by the buyer, delivery will take place no later than 30 days after conclusion of the contract.
For deliveries to French overseas territories or abroad, delivery methods and times may be specified to the buyer on a case-by-case basis, depending on the destination, available carrier and any customs constraints.
In the event of non-compliance with the announced delivery date or deadline, the consumer buyer may ask HUMIDITÉ CONSEIL to deliver within an additional reasonable period.
If delivery is not made within this additional period, the consumer buyer may terminate the contract in writing, including by email or letter, unless HUMIDITÉ CONSEIL has performed in the meantime.
The consumer buyer may, however, terminate the contract immediately where the delivery deadline was an essential condition of the purchase, expressly brought to the attention of HUMIDITÉ CONSEIL before the order, or where HUMIDITÉ CONSEIL refuses to deliver the product.
In the event of valid termination of the contract for failure to deliver under the conditions provided by law, HUMIDITÉ CONSEIL will refund the consumer buyer all sums paid, no later than 14 days from the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible. The buyer may then choose to accept an additional delay, accept an equivalent product offered by HUMIDITÉ CONSEIL, or request cancellation of the order and refund of the sums paid.
As part of its online transactions, HUMIDITÉ CONSEIL reminds customers that its products are technical devices intended to support the treatment of certain humidity issues, according to the conditions of use, installation and implementation set out in the instructions and technical recommendations.
The products are sold without any guarantee of results regarding wall drying or the overall treatment of humidity in the building. Results may vary depending on many factors independent of the product, including the actual origin of the humidity, the thickness and composition of the walls, the coatings present, ventilation, the existence of lateral or vertical infiltration, the overall condition of the building and compliance with the technical recommendations provided by HUMIDITÉ CONSEIL.
The buyer acknowledges that the installation and use of the devices are their responsibility, unless intervention is expressly provided for and carried out by HUMIDITÉ CONSEIL or by a professional appointed by it. Failure to comply with the instructions, installation guidelines or technical recommendations may limit the effectiveness of the product and may be taken into account when analysing any complaint.
This no-guarantee-of-results clause does not affect the applicable legal warranties, including the legal warranty of conformity and the warranty against hidden defects, where applicable.
Beyond the legal withdrawal period provided for in Article 15 of these Terms and Conditions, no refund will be granted for simple dissatisfaction related to the expected result, except where a legal warranty applies, in the event of an error attributable to HUMIDITÉ CONSEIL, or with the company’s express commercial agreement.
HUMIDITÉ CONSEIL invites the buyer to carefully read the instructions, technical recommendations and limits of use of the products before any installation, and to contact customer service in case of doubt regarding the choice of model, installation or conditions of use.
Article 12 – Delivery terms
Delivery means the transfer to the buyer of physical possession or control of the goods.
The ordered products are delivered to the address indicated by the buyer when placing the order. The buyer must ensure that the information provided is accurate and complete. In the event of an incorrect or incomplete address, or one preventing proper delivery of the parcel, reshipping costs may be charged to the buyer.
In the event of absence at the time of delivery, the carrier may leave a delivery notice or make the parcel available according to its own delivery terms.
Upon receipt of the parcel, the buyer is invited to check the apparent condition of the packaging and the product. In the event of a damaged, opened, torn, wet parcel or one showing visible anomalies, the buyer is strongly recommended to:
refuse the parcel if the damage appears significant;
or issue precise and detailed reservations to the carrier;
take photographs of the parcel and the product;
keep the original packaging;
inform HUMIDITÉ CONSEIL as soon as possible by email at humidite.conseil@gmail.com.
This check facilitates the handling of a claim with the carrier and customer service. The absence of reservations upon delivery does not deprive the consumer buyer of their legal rights, including under the legal warranty of conformity, where applicable.
Where the buyer is a professional acting for the purposes of their business activity, any apparent transport-related anomaly must be reported to HUMIDITÉ CONSEIL within a reasonable period and, where possible, within 3 working days following receipt, with any useful evidence making it possible to establish the condition of the parcel and product.
Any product return must be subject to a prior request to HUMIDITÉ CONSEIL. The product must be returned complete, with its accessories, instructions and, where possible, in its original packaging or in suitable packaging ensuring its protection during transport.
Article 13 – Delivery errors
In the event of a delivery error, missing product, product received different from that ordered, or apparent non-conformity, the buyer must contact HUMIDITÉ CONSEIL as soon as possible to allow the request to be processed quickly.
The complaint may be sent:
by email to the following address: humidite.conseil@gmail.com.
To allow the request to be analysed, the buyer must provide the following information:
the order number;
a precise description of the error or anomaly observed;
photographs of the parcel, the shipping label, the product received and its packaging;
any useful document allowing the complaint to be verified.
After reviewing the request, HUMIDITÉ CONSEIL will inform the buyer of the procedure to follow. In the event of a delivery error attributable to HUMIDITÉ CONSEIL or a product not conforming to the order, the product concerned may be exchanged, replaced or refunded in accordance with applicable legal provisions.
No return may be made without the prior agreement of HUMIDITÉ CONSEIL. The product must be returned complete, with its accessories, instructions and, where possible, in its original packaging or in packaging providing sufficient protection.
Where the delivery error or non-conformity is attributable to HUMIDITÉ CONSEIL, return costs will be borne by the seller according to the terms communicated to the customer.
For professional buyers acting for the purposes of their business activity, complaints relating to a delivery error or apparent non-conformity must be made within a reasonable period from receipt of the product. A late complaint may be refused where it no longer allows the origin, reality or extent of the reported error to be verified.
These provisions do not affect the legal rights of the consumer buyer, including under the legal warranty of conformity and the warranty against hidden defects where applicable.
Article 14 – Product warranty
14-1 Legal warranty of conformity
Where the buyer acts as a consumer, the seller is bound by the legal warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code.
In this respect, the consumer buyer benefits from a period of two years from delivery of the goods to act in the event of product non-conformity.
In the event of proven non-conformity, the consumer buyer may request that the goods be brought into conformity by repair or replacement, according to the conditions provided for by the French Consumer Code. If bringing the goods into conformity is impossible or in the cases provided by law, the consumer buyer may request a price reduction or termination of the sale.
The legal warranty of conformity concerns the conformity of the product sold. It does not constitute a guarantee of results regarding the drying of walls, which depends in particular on the nature of the building, the actual origin of the humidity, the thickness of the walls, the coatings present, ventilation, the possible presence of infiltration and compliance with the technical recommendations provided.
The legal warranty of conformity does not cover defects resulting from incorrect installation, improper use, product modification, impact, voluntary or accidental damage, or failure to comply with the instructions and technical recommendations, unless otherwise provided by law.
14-2 Legal warranty against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the seller is bound by the warranty against hidden defects that may affect the goods sold, where the defect makes the product unfit for its intended use or so diminishes its use that the buyer would not have purchased it, or would have paid a lower price, had they known of it.
It is for the buyer to prove the existence of the hidden defect, its existence prior to the sale and its impact on the use of the product. The action resulting from hidden defects must be brought within two years from discovery of the defect.
The buyer may choose between termination of the sale or a reduction of the price in accordance with Article 1644 of the French Civil Code.
14-3 Commercial warranty
Where the product benefits from a commercial warranty indicated on its product page, this warranty applies under the conditions specified at the time of sale.
The commercial warranty covers only product malfunctions in the context of normal use in accordance with the instructions provided. It does not cover damage linked to incorrect installation, improper use, impact, fall, unauthorised intervention, product modification, lack of maintenance where required, or failure to comply with the technical recommendations.
The commercial warranty does not constitute a guarantee of results regarding the treatment of humidity, as results depend on many factors specific to the building and its environment.
Any commercial warranties granted apply without prejudice to the legal warranties enjoyed by the consumer buyer.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the consumer buyer has a period of 14 days from the date of receipt of the order to notify HUMIDITÉ CONSEIL of their wish to withdraw, without having to justify their decision.
The right of withdrawal may be exercised by email at the following address: humidite.conseil@gmail.com, or by any other written statement clearly and unambiguously expressing the wish to withdraw.
Simply returning the product, without a clear prior declaration of withdrawal, is not sufficient to validly exercise the right of withdrawal.
Return of the product
After notification of withdrawal, the consumer buyer must return the product to HUMIDITÉ CONSEIL within 14 days from sending the withdrawal request.
Direct return costs remain the responsibility of the buyer, except in the event of an error attributable to HUMIDITÉ CONSEIL or express agreement to the contrary.
Returns must be made in the product’s original condition, with all accessories, instructions, documents and items supplied upon delivery, together with the purchase invoice or order number.
The product must be returned clean, complete and properly protected. The buyer is responsible for packaging the product for return transport. Where the original packaging is no longer available, the buyer must use suitable packaging to properly protect the product.
It is recommended to use a tracked shipping method in order to keep proof of dispatch of the returned product.
Condition of the returned product
The consumer buyer is authorised to handle the product only to the extent necessary to establish its nature, characteristics and proper functioning.
HUMIDITÉ CONSEIL reserves the right to apply a deduction from the refund in the event of depreciation of the product resulting from excessive handling, abnormal use, deterioration, incomplete return, or a product that is dirty, damaged or no longer allows normal resale.
This deduction will be assessed according to the actual condition of the returned product, within the limits provided by applicable regulations.
Refund
In accordance with current legislation, the refund will be made within a maximum period of 14 days from the date on which HUMIDITÉ CONSEIL is informed of the consumer buyer’s decision to withdraw.
However, HUMIDITÉ CONSEIL may defer the refund until the returned product has actually been recovered or until proof of shipment of the product by the buyer has been received, whichever occurs first.
The refund will be made using the same means of payment as that used for the order, unless the buyer expressly agrees to another method of refund.
Any standard delivery costs paid at the time of the order will be refunded in accordance with legal provisions. Additional costs resulting from the buyer’s choice of a delivery method more expensive than the standard delivery method offered will not be refunded.
Exchange
A product exchange may be offered on a commercial basis, subject to prior agreement by HUMIDITÉ CONSEIL, availability of the requested product and return of the initial product under the conditions provided for in these Terms and Conditions.
Professional buyers
The right of withdrawal provided for by the French Consumer Code does not apply to professional buyers acting for the purposes of their professional activity, unless otherwise required by mandatory law or by the express written commercial agreement of HUMIDITÉ CONSEIL.
For professional buyers, any validated order is firm and final after acceptance of these Terms and Conditions and receipt of payment, subject to applicable legal or contractual warranties.
Exceptions
The right of withdrawal may not be exercised in the cases provided for in Article L.221-28 of the French Consumer Code, including for goods made to the buyer’s specifications or clearly personalised, as well as in all other cases provided for by law.
Article 16 – Fortuitous event or Force majeure
All circumstances beyond the control of the parties preventing the normal performance of their obligations shall be considered as causes exempting the parties from their obligations and shall result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them despite all reasonably possible efforts, shall be considered force majeure.
Expressly, the following shall be considered force majeure or fortuitous events, in addition to those usually recognised by the case law of French courts and tribunals: blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks.
The parties shall consult each other to examine the impact of the event and agree on the conditions under which performance of the contract may continue. If the force majeure event lasts longer than three months, these General Terms and Conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights relating to this content.
Buyers undertake not to make any unauthorised use of this content. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 18 – Data Protection
The personal data communicated by the buyer is necessary for processing the order, issuing invoices, delivering products, monitoring the customer relationship and, where applicable, managing after-sales service.
This data may be communicated to service providers and partners strictly necessary for the performance of the order, including payment providers, carriers, delivery services, IT, accounting or administrative service providers, within the limits necessary for the performance of their duties.
HUMIDITÉ CONSEIL undertakes to process personal data in accordance with the applicable data protection regulations, including the General Data Protection Regulation, known as the GDPR, and the French Data Protection Act.
The rights of buyers and users regarding their personal data are detailed in Article 25 of these General Terms and Conditions of Sale.
Article 19 – Partial invalidity
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 – Non-waiver
The fact that either party does not rely on a breach by the other party of any of the obligations set out in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 – Headings
In the event of difficulty in interpreting any of the headings appearing above the clauses and any of the clauses, the content of the clause shall prevail over its heading.
Article 22 – Language of the contract
These General Terms and Conditions of Sale are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 – Mediation and dispute resolution
In the event of a complaint, the buyer is invited to contact HUMIDITÉ CONSEIL customer service as a priority in order to seek an amicable solution.
The complaint may be sent by email to the following address: humidite.conseil@gmail.com, or by post to the following address: HUMIDITÉ CONSEIL SAS, 57 Avenue Gambetta, 82000 Montauban, France.
In accordance with the provisions of the French Consumer Code, the consumer buyer may use a consumer mediator free of charge with a view to the amicable resolution of a dispute with HUMIDITÉ CONSEIL, provided that they have first sent a written complaint to HUMIDITÉ CONSEIL and have not received a satisfactory response.
The appointed consumer mediator is:
Médiation Professionnelle – Médiateur de la Consommation
Alteritae
5 rue Salvaing
12000 Rodez
Website: https://www.mediateur-consommation-smp.fr
The mediation request must be submitted in accordance with the conditions provided for by the applicable regulations. It may only be examined if the buyer can prove that they have first attempted to resolve the dispute directly with HUMIDITÉ CONSEIL by means of a written complaint.
Mediation may not be initiated if the dispute has already been examined or is being examined by another mediator or by a court.
Consumer mediation applies only to disputes between HUMIDITÉ CONSEIL and a consumer buyer. It does not apply to disputes between professionals.
Article 24 – Applicable law and competent jurisdiction
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the buyer shall first contact HUMIDITÉ CONSEIL in order to seek an amicable solution.
For consumer buyers, any dispute relating to the validity, interpretation, performance, non-performance or termination of these General Terms and Conditions of Sale shall be submitted to the competent courts in accordance with the applicable legal rules.
For professional buyers acting for the purposes of their professional activity, and unless otherwise required by mandatory law, any dispute relating to the validity, interpretation, performance, non-performance or termination of these General Terms and Conditions of Sale shall fall under the exclusive jurisdiction of the competent commercial court within the jurisdiction of the registered office of HUMIDITÉ CONSEIL.
This jurisdiction shall apply even in the event of multiple defendants, third-party claims, incidental claims, summary proceedings or emergency proceedings.
Article 25 – Protection of personal data
Data collected
As part of the use of the website and order processing, HUMIDITÉ CONSEIL may collect personal data strictly necessary for managing the commercial relationship.
The data that may be collected includes in particular:
the buyer’s surname and first name;
email address;
telephone number;
billing address;
delivery address;
information relating to the order;
information necessary for payment;
exchanges with customer service;
connection and browsing data strictly necessary for the proper functioning of the website, subject to the choices expressed by the user regarding cookies.
Purposes of processing
The personal data collected is used only for specific, legitimate and necessary purposes, including:
processing, validating and tracking orders;
issuing invoices;
delivering products;
managing customer service and after-sales service;
managing requests, complaints, returns and warranties;
fraud prevention and payment security;
compliance with legal, accounting and tax obligations;
improving the functioning of the website;
sending commercial information where the user has consented or where permitted by regulations.
HUMIDITÉ CONSEIL collects only the data necessary for the purposes pursued and undertakes not to use personal data for purposes incompatible with those indicated in these Terms and Conditions.
Legal basis for processing
The processing of personal data may be based, depending on the case, on:
the performance of the contract concluded with the buyer, including order processing, delivery and after-sales service;
compliance with legal obligations, including accounting, tax and administrative obligations;
the legitimate interest of HUMIDITÉ CONSEIL, including customer relationship management, fraud prevention, defence of its rights and improvement of its services;
the user’s consent, including for certain cookies or commercial communications where required.
Sharing personal data with third parties
Personal data may be communicated to third parties only where necessary for the performance of the order, the functioning of the website, compliance with a legal obligation or the defence of the rights of HUMIDITÉ CONSEIL.
Recipients may include:
payment service providers;
carriers and delivery services;
IT and hosting service providers;
accounting, administrative or legal service providers;
administrative or judicial authorities where required by law.
Service providers with access to personal data undertake to process it only for the purposes of their assignment and in accordance with the applicable personal data protection regulations.
Retention period
Personal data is kept for the period strictly necessary for the purposes for which it was collected.
Data relating to orders, invoices and accounting obligations may be kept for the applicable legal period.
Data used for commercial prospecting purposes is kept for the period authorised by applicable regulations, unless the user objects or withdraws consent where required.
Security and confidentiality
HUMIDITÉ CONSEIL implements reasonable technical and organisational measures to protect personal data against unauthorised access, loss, alteration, disclosure or destruction.
However, the user acknowledges that the internet cannot guarantee absolute security. HUMIDITÉ CONSEIL nevertheless undertakes to take all reasonable measures to ensure the protection of personal data processed as part of its activity.
User rights
In accordance with the applicable regulations, the user has the following rights regarding their personal data:
right of access;
right of rectification;
right to erasure;
right to object;
right to restriction of processing;
right to data portability, where applicable;
right to withdraw consent at any time where processing is based on consent.
These rights may be exercised by sending a request to HUMIDITÉ CONSEIL by email at the following address: humidite.conseil@gmail.com.
For security reasons, HUMIDITÉ CONSEIL may request proof of identity in the event of reasonable doubt regarding the identity of the requester.
HUMIDITÉ CONSEIL will respond to requests within the time limits provided by the applicable regulations.
Cookies
The website may use cookies or similar technologies necessary for its proper functioning, audience measurement, improvement of the user experience or, where applicable, commercial purposes.
The user may manage their cookie preferences according to the methods provided on the website.
Complaint to the CNIL
In the event of difficulty relating to the processing of personal data, the user is invited to contact HUMIDITÉ CONSEIL first at the following address: humidite.conseil@gmail.com.
If, after contacting HUMIDITÉ CONSEIL, the user considers that their rights are not being respected, they may lodge a complaint with the French Data Protection Authority, the CNIL.
Amendment of this clause
HUMIDITÉ CONSEIL reserves the right to amend this personal data protection clause in order to take into account legal, regulatory, technical or organisational developments.
The applicable version is the one in force on the day the website is consulted or the order is placed.