Terms of use

Article 1 – Definitions

Site: website accessible at the URL address https://h2oparapluies.com.

Customer: the user of the Site, natural person or legal person placing an order, online or not, accepting these General Conditions of Sale. The Customer may be distinct or confused with the natural person hereinafter referred to as "Recipient".

Recipient: is the natural person who physically receives the package.

CGV : These general conditions of sale.

Article 2 –Purpose and scope of application of the general terms and conditions of sale (or GTC)

H2o Parapluies (hereinafter “H²O Parapluies” or the “Seller”), a single-member limited liability company with its registered office at 7 route de Creully, 14480 CREPON and registered with the Caen Trade and Companies Register under number 833 965 742, has developed and published the website https://h2oparapluies.com for the sale of umbrellas and all related services. This Site is the sole property of H²O Parapluies.

The purpose of these Terms and Conditions is to govern the contractual commercial relationship between H²O Parapluies and the Customer.

These Terms and Conditions apply automatically to the sale of products/items and services by H²O Parapluies.

H²O Parapluies reserves the right to modify certain clauses of these terms and conditions, depending on negotiations with the Customer, by establishing special conditions that may derogate from these terms and conditions.

H²O Parapluies may also establish specific terms and conditions of sale that differ from these terms and conditions, depending on the type of customer and their needs, based on objective criteria. Customers who meet these criteria will then be subject to these specific terms and conditions.

These Terms and Conditions are applicable for an indefinite period.

The Terms and Conditions are written in French, as is all contractual information mentioned on the Website, and this is the only valid version.

Article 3 –Availability of the Terms and Conditions

The Terms and Conditions are available to the Customer upon request and/or at https://H2oparapluies.com. They are available at any time.

An express reference to the GTC is made before the conclusion of any contract. The information on this Site is provided for information purposes only and may be modified by H²O Parapluies without notice.

The GTC may be communicated to any Customer who expressly requests them, by simple request by email or post, in order to enable them to place an order with the Seller.

Furthermore, by creating an account and placing an order, the Customer, whether a natural or legal person, unreservedly accepts and fully adheres to these GTC, which prevail over any other document such as the Customer's general terms and conditions of purchase, which are set aside and do not apply to the relationship between the parties.

The Customer acknowledges that they have read, understood, and accepted these terms and conditions in full knowledge of the facts.

H²O Parapluies reserves the right to modify these Terms and Conditions at any time.

In the event of any changes, the applicable GTC are those in force on the date of the order, a dated copy of which may be provided to the Customer upon request. the GTC may be communicated to any Customer who expressly requests them, by simple request by email or post, in order to enable them to place an order with H²O Parapluies, which ensures the preservation and reproduction of the GTC in accordance with Article 1127-2 of the Civil Code.

Any other conditions are only binding on H²O Parapluies after written confirmation on its part.

Article 4 – Products/articles

The items sold on this Site (https://H2oparapluies.com) are described, presented, and photographed on the models marketed. If, despite all the precautions taken to ensure that this information is accurate, an error occurs, H²O Parapluies cannot be held liable.

Article 5 – Period of validity of sales offers

Products/items are offered for sale while stocks last.

For products/items out of stock, they are suspended for sale until the stock is replenished by the umbrella workshop.

When ordering, the Seller informs the Customer of the availability of the products/items he wishes to acquire.

Nevertheless, if despite the Seller's vigilance, the products/items prove to be temporarily or permanently unavailable, the Customer will be informed by email or mail as soon as possible.

In the event of a temporary out of stock on one of the products/items ordered by the Customer: H²O Umbrellas will ship the rest of the order.

Products/items temporarily unavailable will be put on hold unless the Customer decides otherwise.

They will be shipped to the Customer as soon as they are available or will be refunded in accordance with Article 14 of the GTC.

In the event of a permanent product/item breakage after placing the order, H²O Parapluies will offer either a refund in accordance with Article 14 of the GTC, or the exchange of the product(s)/items out of stock (proposal of a similar product/article due to its price and characteristics).

H²O Parapluies will not be able to follow up on any claim for compensation in the event of a delay or in the event of a definitive or temporary break in one or more products/articles.

Article 6 – Price of products/articles

The prices listed on the Website are in euros and include all taxes (VAT included), excluding shipping costs and customs duties.

They may be modified at any time and without notice by H²O Parapluies.

Shipping costs are specified when placing the order at the end of the item selection process, in the “Shopping Cart” section and before any payment for the order is made.

The prices charged are those applicable at the time of ordering, subject to availability and any changes in the French VAT rate.

Any change in the VAT rate will be immediately reflected in the sales prices.

Article 7 – Orders

To place an online order on the Site, the Customer must first identify himself by creating a customer account.

To this end, he will complete an online form made available to him where he will include the information necessary for his identification and in particular his surname, first name, telephone number, postal address and email address, billing address and delivery address if these are different from the Customer's postal address.

Additional information may be requested at a later stage to ensure the quality and security of the delivery.

After selecting the products/items in the Website's online store, the Customer will add them to the “Shopping Cart” and then confirm their order and acceptance of the GTC by proceeding to checkout.

Once payment has been made, the order will be registered and an order number will be sent to the Customer, along with a confirmation on screen and by email.

The data recorded by H²O Parapluies constitutes proof of the nature, content, and date of the order.

If an item is temporarily unavailable, it will be automatically shipped as soon as it is back in stock, unless the Customer cancels the remaining items.

No unilateral cancellation or modification of the order will be accepted without the express written consent of H²O Parapluies.

Any online order placed on the Website implies the Customer's unreserved acceptance and full and complete adherence to these GTC, which prevail over any other document such as the Customer's general terms and conditions of purchase, which are set aside and not applicable to the contractual relationship between the parties.

Article 8 – Shipping costs-Customs fees

For overseas and international, customs taxes payable on delivery may be claimed from the Customer by local authorities.

They vary according to the destination, the Customer is invited to inquire with the customs authorities of the country of destination of the delivery.

Under no circumstances can H²O Parapluies be held liable for the application of customs duties, regardless of their nature and amount.

For overseas and international shipments, shipping costs are set at €45 including tax per product/item shipped.

For mainland France only, shipping costs are set at €15 including tax per umbrella.

These shipping costs include the contribution to shipping costs and are indicated when the Customer finalizes the order.

Article 9 – Procedure for payment

H²O Parapluies  allows the Customer to pay for his order directly online by credit card (Carte Bleue, Visa, Mastercard, Eurocard, American Express). Payment by credit card is secure in 3D Secure mode.

Thanks to the Crédit Agricole banking partner, the Customer will be able to securely transmit the name of the cardholder, the type of card, the bank card number, the validity date and the security cryptogram.

No banking information is stored at H²O Parapluies, on the Site or on a database, the banking information being exclusively processed by its banking partner Crédit Agricole.

Payment can also be made via PAYPAL which is a secure service. In this case, the Customer's financial information will not be communicated to us.

Article 10 – Delivery method

Delivery can only take place once the order has been validated by the Customer and the payment has been made and validated by the bank payment centers. In case of refusal of said centers, the order will be automatically canceled.

In addition, H²O Parapluies reserves the right to refuse any order from a Customer with whom an ongoing dispute exists.

Deliveries are made by Colissimo (La Poste Group) or equivalent at the discretion of H²O Parapluies, to the delivery address specified by the Customer, with signature and tracking number.

If the item is left in the Recipient's mailbox, the Post Office's tracking system will serve as proof of delivery. It is the Customer's responsibility to ensure that their mailbox is compliant, secure, and in good working order.

Packages are delivered by the Post Office Monday through Friday until 6:00 p.m. and Saturday until 12:00 p.m. If the recipient is absent or it is impossible for the Post Office to leave the package in the recipient's mailbox, and if the recipient does not respond within 10 business days of the package being left at the Post Office or at a Relais location designated by the Post Office, the package will be returned to H²O Parapluies.

The Customer can track the progress of their delivery at any time on www.colissimo.fr (or equivalent if available).

Article 11 – Shipping and delivery time

The average shipping time is 5 business days, except in the event of closure of the H²O Parapluies workshop. In this case, the Customer will be informed of the additional shipping time before placing their order. Shipments are made from Monday to Friday. No packages are shipped between Friday afternoon and Sunday evening.

Shipment can only take place if the Customer is up to date with their obligations to H²O Parapluies.

H²O Parapluies reserves the right not to fulfill an order in a country where delivery cannot be guaranteed under satisfactory conditions. In this case, the Customer will be refunded the amount of their order.

Once payment has been validated, the average delivery times are as follows:

For shipments to mainland France, Corsica, and Monaco, the average delivery time is 2 to 7 business days.

For shipments to French overseas departments and territories, the average delivery time is 5 to 7 business days.

For shipments to other countries, the average delivery time is 6 to 15 business days.

Please note that for all orders with embroidery, delivery times may be slightly longer.

In the event of force majeure or exceptional events delaying or preventing the delivery of goods, H²O Parapluies cannot be held liable.

Article 12 – Complaint

The Recipient is required to check the conformity and condition of the goods upon delivery. If any of the products/items delivered by Colissimo are damaged during transport, the Recipient must immediately notify the carrier and contact the Post Office without delay to report the damage so that a report of damage or theft can be issued.

All products/items are carefully checked before shipment. However, if a defect has escaped the attention of H²O Parapluies, or in the event of a reference error on its part, complaints must be made in writing to the following email address contact@h2oparapluies.com within three days of receipt of the goods, failing which the right to complain will cease.

After written agreement from H²O Parapluies, the Recipient must return the new item(s) in their original packaging, intact, in accordance with the return procedures described in Article 15.

Upon receipt by H²O Parapluies, the products/items will be replaced as soon as possible.

Any return of goods requires the prior express written consent of H²O Parapluies. In the absence of such consent, any goods returned will be held at the Customer's disposal at their expense and risk, with all transport, storage, and handling costs being borne by the Customer.

Article 13 – Right of withdrawal of the Customer with the status of Consumer within the meaning of the regulations, for distance sales

In the case of distance selling only, for any reason whatsoever, the Customer may exercise their right of withdrawal.

From the date of delivery of their order, the Customer has 14 days to exercise their right of withdrawal and receive a refund.

Any return of goods must be notified in advance to H²O Parapluies by email at contact@H2Oparapluies.com. Upon receipt of the email, H²O Parapluies will inform the Customer of the procedure to follow.

The product/item must be returned to 7 route de Creully, 14480 Crépon.

It is the Customer's responsibility to also return the packaging and accessories supplied with the product/item, intact, as well as any labels affixed to the product/item that are necessary for the Customer to exercise their right of withdrawal.

Sale items, items personalized with embroidery, custom-made items, used items, incomplete items, worn items, damaged items, or soiled items cannot be returned, refunded, or exchanged.

In order to exercise their right of withdrawal, it is the Customer's responsibility to ensure that the return packaging is of good quality and sturdy.

The return shipping costs shall be borne by the Customer.

In the event that the postage costs are insufficient, the amount of the refund shall be reduced by the amount of the shipping costs invoiced by the carrier/La Poste to H²O Parapluies.

WITHDRAWAL FORM - ORDER CANCELLATION

 (Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:H2o Parapluies, 7 route de Creully, 14480 Crépon

I (Surname, First Name) hereby notify you of my withdrawal from the contract for the sale of the property below:

Article name:                           Order date:                        Date of receipt: 

Name of signatory

Consumer's address :

Date and Signature :

Article 14 – Terms of reimbursement

When the return is declared compliant by the after-sales service, the amount of the refund is equal to the price of the product excluding delivery costs. In the event that delivery costs are offered, the amount of the refund will be reduced by the cost of the shipping costs incurred by H2o Parapluies.

We will refund the user within one week by the same means used as during payment.

No change will be made to the information originally transmitted by the Customer.

Article 15 – Return procedures

The return of a product/item may only be made by the Recipient after express written agreement from H²O Parapluies and following a request from the Customer sent by email to contact@h2oparapluies.com or via their customer account on the website.

The return shipping costs shall be borne by the Customer.

Returned items/products must be accompanied by the invoice and all their accessories intact, in their original packaging, carefully resealed. Each item in the package must be intact and packaged as it was received by the original Recipient (whether the Customer or a third party).

The entire package must be returned to H²O Parapluies by Colissimo with tracking and insurance covering the risks of damage and loss during transport.

The return is the responsibility of the Customer (and not the Recipient).

Article 16 – Retention of title and liability

H²O Parapluies retains ownership of the goods until full payment has been received. Ownership of the products/items will be transferred to the Customer upon full payment of the price.

Failure by the Customer to meet their payment obligations, for any reason whatsoever, even partial, entitles H²O Parapluies to demand the immediate return of the products/items delivered at the Customer's expense and risk.

Article 17 –"Lifetim warranty" of products/items

All products/items sold by H²O Umbrellas on the Website are guaranteed for life under the conditions and limitations described below.

Products/items that have been damaged as a result of misuse, misappropriation from their normal use, loss, misplacement, wear and tear but still functional, rust, modification, alteration, tearing, burning, holes, cuts, stained fabric, scratches, UV damage, destruction through negligence or deliberate acts are not covered by the warranty.

The “lifetime warranty” will apply when the Customer notices a manufacturing defect or mechanical malfunction.

In such cases, the Customer shall return the product/item for repair at the H²O Parapluies workshops, with shipping costs payable by the Customer. The product/item must be returned to the following address: 7 route de Creully – 14480 CREPON.

The Customer undertakes to return their umbrella only after having made a prior request for repair and paid the corresponding shipping costs via the H2O Parapluies website.

When sending the product, the Customer must provide a valid telephone number and the full address to which they wish the item to be returned after repair or exchange.

Any customs fees, both on delivery and return, remain entirely the responsibility of the Customer.

H2O Parapluies reserves the right to refuse any package for which customs fees have not been paid in advance.

Once the product/item has been repaired or exchanged, at the discretion of H²O Parapluies, the Customer will be informed by the H²O Parapluies team that the product/item is available or has been reshipped.

If the Customer does not take possession of their product/item within 12 months, it will be dismantled and recycled.

Under the “lifetime warranty,” a replacement umbrella may be loaned to the Customer for the duration of the repair in exchange for a security deposit of €30.

If the umbrella proves to be irreparable due to a manufacturing defect and cannot be repaired in the H²O Parapluies workshops, the product/item will be replaced with an identical product/item or an equivalent product/item of comparable value.

Under no circumstances will the Customer be entitled to a refund of the price paid in the event of a damaged product/item.

In the event that the umbrella, following breakage, cannot be repaired due to a lack of spare parts, the company shall not be liable under any circumstances, and the lifetime warranty shall therefore not apply in this case. H2o Parapluies guarantees all its models for life, subject to the availability of spare parts.

Article 18 – Intellectual property

18.1. Intellectual property rights held by the Customer

The Customer guarantees that all information, of whatever nature, that it makes available to H²O Parapluies is complete and correct and does not in any way infringe the rights of third parties, nor is it in any other way unlawful or illegal, nor does it violate regulations relating to personal data.

The Customer guarantees H²O Parapluies against any third-party claims for infringement of intellectual property rights or any other infringement related to the activities of the Customer (and its employees and subcontractors) in connection with the use of the Site.

18.2. Intellectual property rights held by H²O Parapluies

H²O Parapluies owns the intellectual property rights attached to its brand(s), designs, and products/items sold in accordance with the contract concluded with the Customer (Articles L. 113-1 et seq. of the Intellectual Property Code).

H²O Parapluies is the owner of the intellectual property rights to the elements of the Website, which are protected in particular by copyright and trademark rights. Their reproduction, even in part, without the prior consent of H²O Parapluies, is prohibited and exposes the offender to legal proceedings.

Article 19 – Protection of personal data

19.1. Collection of personal data

The personal data collected on the Site are as follows :

  • Account opening: When creating the Customer's account, his surname, first name, telephone number, home postal address and email address, billing address and delivery address will be requested.
  • Connection: When the Customer connects to the Site, he records, in particular, his surname, first name, connection data, usage, location and payment data.
  • Profile: the purchase of products/items provided on the Site allows you to fill in a profile, which may include an email address and a password.
  • Payment: As part of the payment of the products/items offered on the Site, it records financial data relating to the Customer's bank account or credit card.
  • Cookies: Cookies are used in the context of the use and improvement of the Site. By continuing to browse the Site, the Customer accepts the use of cookies. However, the Customer has the possibility to disable cookies from the settings of his browser.

19.2. Use of personal data

The personal data collected from Customers is to make the site's services available, improve them and maintain a secure environment. More specifically, the uses are as follows:

  • Access and use of the Site by the Customer;
  • Management of the operation and optimization of the Site;
  • Organization of the terms of use of payment services;
  • Verification, identification and authentication of the data transmitted by the Customer;
  • Prevention and detection of fraud, malware (malicious software) and management of security incidents.

19.3. Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

  • When the User uses payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which H²O Parapluies has entered into contracts;
  • When the Customer authorizes the website of a third party to access his personal data;
  • When H²O Parapluies uses the services of providers to provide Customer support, advertising and payment services. These service providers have limited access to the Customer's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • If required by law, H²O Parapluies may transmit personal data to follow up on complaints filed against the Site and comply with administrative and judicial procedures;

If the Site is involved in a merger, acquisition, disposal of assets or judicial reorganization procedure, H²O Parapluies may be required to assign or share all or part of its assets, including personal data. In this case, Customers would be informed, before the personal data is transferred to a third party.

19.4. Transfer of personal data outside the European Union

In the event that personal data should be transferred outside the European Union for the purposes of the services provided by H²O Parapluies, the latter will ensure that the third country has an adequate level of personal data protection within the meaning of Article 44 of the General Data Protection Regulation as well as appropriate guarantees.

Failing that, H²O Parapluies undertakes to obtain the Customer's agreement before any transfer of personal data, after having informed him of the risks that the transfer of personal data may entail with regard to the absence of an adequacy decision and appropriate guarantees.

19.5. Security and confidentiality

H²O Parapluies implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and H²O Parapluies cannot guarantee the security of the transmission or storage of information on the Internet.

19.6. Implementation of Customer Rights

In accordance with the regulations applicable to personal data, Customers have the following rights:

  • They can update or delete data concerning them by logging into their account and configuring the settings of this account;
  • They can delete their account by writing to the following email address: contact@H2oparapluies.com;
  • They can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@H2oparapluies.com. In this case, before the implementation of this right, the Site may request proof of the Customer's identity in order to verify its accuracy;

If the personal data held by H²O Parapluies is inaccurate, Customers may request an update of the information by writing to the following email address: contact@H2oparapluies.com;

Customers can request the deletion of their personal data, in accordance with the applicable laws on the protection of personal data, by writing to the following email address: contact@H2Oparapluies.com. Under no circumstances should this circumstance lead H²O Parapluies to charge a lower price than that provided for in the contract. Similarly, no refund, even partial, will be able to take place.

19.7. Shelf life

Personal data is kept for the purposes of the execution of the contract and the provision of services by H²O Parapluies (duration necessary to achieve the purpose of the processing).

Beyond that, personal data are kept for administrative, evidentiary and archiving purposes, for the period of civil and commercial limitation (5 years) from the end of the last contract binding the parties. During this retention period, personal data is only accessible to a limited ext (e.g. accounting department) and are no longer accessible by the operational services of H²O Parapluies. At the end of this period, personal data will be deleted.

Personal data relating to prospects who do not respond to any request for 3 years will be deleted.

19.8. Evolution of this clause

H²O Parapluies reserves the right to make any changes to this clause on the protection of personal data at any time. If a change is made to this personal data protection clause, H²O Parapluies undertakes to publish the new version of on the Site.

H²O Parapluies will also inform Customers of the change by email, within a minimum of 15 days before the effective date. If the Customer does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.

Article 20 – Liability

20.1 Exemption from liability

H²O Parapluies cannot be held liable for technical failures or the technical impossibility of accessing the Website, even if this has consequences for the organization and ordering process.

Similarly, H²O Parapluies cannot be held liable for any delay or failure to fulfill its obligations described in these T&Cs in the event of force majeure (Article 1218 of the Civil Code).

If this is due to a cause other than the actions of a third party or force majeure, as defined by the Civil Code, H²O Parapluies shall be liable, but only up to the price paid by the Customer when placing their order. The Customer shall then be entitled to a refund of the price, upon express request.

H²O Parapluies cannot be held liable for damages of any kind, whether material, immaterial, or physical, that may result from the malfunction or misuse of the products/items sold.

H²O Parapluies cannot be held liable for any changes made to the composition of the products/items sold.


20.2. Penal clause

In all cases of non-performance of its obligations by the Customer, the price paid for the order will remain acquired by H²O Parapluies as a penalty clause, without prejudice to any damages requested for compensation for the damage suffered by H²O Parapluies.

Article 21 – Force majeure

With the exception of the obligation to pay the sale price and related costs, the obligations of the parties are suspended or limited for the duration of the force majeure event.

Force majeure shall be understood to mean: any unforeseeable and unavoidable event beyond the control of the parties that constitutes an insurmountable obstacle to the fulfillment of the parties' obligations, including, but not limited to, network failures, decisions taken by the building owner that make it impossible to organize training.

In the event of force majeure, the Customer shall not be entitled to any refund of amounts paid or any compensation whatsoever from H²O Parapluies.

Article 22 – Partial nullity

The invalidity of a contractual clause does not invalidate the GTC unless it is a clause that was decisive in the consent that led one of the parties to enter into the sales contract.

The temporary or permanent non-application of one or more clauses of the GTC by H²O Parapluies shall not constitute a waiver on its part of the other clauses of the GTC, which shall continue to have effect.

Article 23 – Mediation

23.1. Prior complaint

In the event of a dispute, the Customer must contact H2O Parapluies customer service in priority by email to the following email address contact@h2oparapluies.com or by postal mail to the following address: 7 route de Creully -14480 CREPON, in order to find an amicable solution.

23.2. Request for mediation

In the absence of an amicable agreement, the consumer has the possibility to refer the matter free of charge to the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

The referral to the consumer mediator must be made:

-              Or by completing the form provided for this purpose on the AME CONSO website : www.mediationconso-ame.com ;

-              Or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.

Article 24 – Court of competent jurisdiction

In the absence of an amicable agreement, for any dispute relating to the existence, interpretation, conclusion, performance, or termination of the contract, as well as any documents related to this contract, the consumer may refer the matter to the court of the place where they were residing at the time the contract was concluded, the court of the place where the company's registered office is located, or the court of the place of delivery. 

If the Customer is a professional, the competent court shall be the Commercial Court of the registered office of H²O Parapluies.

Article 25 – Applicable law

This contract and the GTC governing it are subject to French law.

The products/items offered for sale comply with French regulations, so it is up to the foreign Customer or Foreign Recipient to check with local authorities the possibilities of using the product/item before any order.

H²O Parapluies cannot be held responsible for non-compliance with the regulations of a foreign country.