Legal information The simplified joint-stock company with €10,000 capital shall be named “RECCAL”, the “Company”, “We”. Owner : David RODRIGUEZ having as his headquarters 58 Avenue Eisenhower, 51100 Reims, France. Registered by RCS of Reims under the company register number 82 837 207 800 018. Commercial website shall be named below the "Website" is available at www.reccal.fr If you need any information, we are at your disposal Monday to Friday from 8:00 am to 6:00 pm. Mail : firstname.lastname@example.org Non surtaxed number : +33 7 67 16 15 53.
The Company RECCAL (hereinafter “RECCAL”), is a French company registered in the RCS of Reims and Companies Register under number 82 837 207 800 018, with its registered office at 58 Avenue Eisenhower, 51100 Reims. It is the owner of a website in France and Europe (www.reccal.fr), which makes it possible to post and find offers for Water Heat Recovery, aimed at both private individuals and companies. RECCAL creates a marketplace which makes it possible to match Sellers with Buyers (hereinafter jointly referred to as the “Participants”) and to conclude sales contracts for the desired products.
General These Terms and Conditions (hereinafter “T&Cs”) are applicable for all Participants and users of RECCAL’s website www.reccal.fr (hereinafter the “Website”) and define the terms governing the purchase of a product on the Website. The Managing Editor of RECCAL is : David RODRIGUEZ. In order to secure the contractual relationship, T&Cs have to be read carefully and registration is considered complete by the Participant’s acceptance of these Terms and Conditions by ticking “I accept the Terms and Conditions” box during your Order or your Customer Account creation. It is recommended to download and to store a copy. You commit to visit the website in accordance with the previous T&Cs in the name of yours and with your customer account. You commit to use the Website in respecting the practical legal measures and not to use the site in deceptive purposes. Terms and Conditions may be changed, but You will be kept informed about it during your next session on the Website. You shall be asked to accept these T&Cs changes, being able to pursue your navigation on the Website. In any event, the current T&Cs version when your Order was confirmed shall be the only opposable version to you, regarding this Order. If a sale condition was not mentioned in the current T&Cs, it shall be determined by uses applied in the distance selling sector in France. The contractual clause nullity does not lead to the T&Cs nullity.
Customer Account Access to Product purchase proposed by RECCAL will require on-line registration and, in particular, the creation of a Personal Account on the Website. By registering with RECCAL, Participants shall have their own, strictly private User Identification comprising an email address and a confidential password, which they undertake to keep confidential. At the same time, Buyers’ agreement with T&Cs are required. The con Participants agree to provide accurate information with regard to their identity, address and any other information necessary to access the RECCAL Website, so as to avoid misleading RECCAL or third parties, and to keep such information up-to-date thanks to the Personal Account. They are responsible for taking all the steps necessary to protect their data against all possible breaches. They are also required to provide a valid email address. When a Personal Account is inactive during an over-36 months period, the Personal Account can be deleted after preliminary warnings. To benefit from access to RECCAL website, Participants must be an individual over the age of 18 with the capacity to enter into contracts and with a valid delivery address in one of the countries in which RECCAL operates its Website; or a legal entity, whose authorised representative must provide valid information relating to their identity (surname / first name), its company name, its company number, address of its registered office, telephone number and email address. Participants undertake not to create or use additional accounts, other than those originally created, whether under their own identity or that of third parties, without the express and specific authorisation of RECCAL. An agreement with the charter of confidentiality will be asked from you to submit your Personal Account confirmation. Once your Personal Account was created, You can access to your Account and, in some cases, to the Orders follow-up. RECCAL reserves the right to refuse the registration to any person who wants to create an account, without any explanation. RECCAL reserves the right to delete a Personal Account without explanation. Such an decision might result from a deceptive or detrimental of peace behavior. You are pleased to immediately warn RECCAL any deceptive use of your Personal Account if you are aware of. You are the only responsible for these ID security and RECCAL will presume your connections through your Personal Account were made by You. In no instance RECCAL shall be held responsible for any deceptive use of your Personal Account if you revealed directly or indirectly, deliberately or not your User Name, your Password to third parties. RECCAL shall be not held responsible for the non-reception of an Order or information if you made a deliberately or not mistake in providing your personal data. Your mail address should be valid and accessible. In no instance RECCAL shall be held responsible for the temporary or definitive inaccessibility of your mail address. Mail receiving dates are admissible. You might reach your personal data which you revealed during your registration or your Order, on a simple request, according to the N 78-17 Law, January 6th, 1978, related to IT, fils and liberties.
Order Offered products on the Website are subject to availability. The Order You have placed on the Website shall depend on the following modalities. Before confirming your order, a page recaps details will allow you to check the contents of the order, to correct any error or even cancel it. The confirmation of your order implies express acceptance of the contract concluded with RECCAL. This last act of validation is assimilated to the electronic signature as referred to in the terms of the French Civil Code. In order to confirm your agreement to the current electronic transaction, you will be asked to check the details of your order and click on “Confirm my order”. From the registration of your Order, RECCAL will send you an acknowledgment of receipt confirming the purchase of the order by email to the address indicated when creating your customer account. This email will contain all the necessary information regarding the characteristics of the order (in particular the number of the order), the conditions of exercise of the right of withdrawal, the delivery time, the applicable guarantees or insurances and the means at your disposal to contact the customer service in case of complaint. The placed Orders on the Website are worth firm and definitive commitment subject to the application of the applicable legal provisions applicable to distance selling and after confirmation of said order by email.
Price For each Product sold on the Website, you will benefit from a precise description of the services included in the Price (hereinafter the "Price") as well as any special conditions applicable to this product. The prices are those in force on the day of the Order. All our prices are quoted in Euros, all taxes included, from the beginning of your Order process. Unless otherwise stated written in the product description, the price does not include delivery cost that will be paid extra during the validation of the Order. RECCAL reserves the property of the products until the complete payment of the price, i.e. until the actual collection of this price by RECCAL. No price can be changed once your Order has been validated.
Payment In principle, the price is payable at the time of the order in a single payment. RECCAL has implemented security measures to ensure the confidentiality and security of data collected during transactions on the Website.
Delivery The Terms and Delivery times (hereinafter, "Delivery") are specified in the product description, before confirmation of the order and may be left to the choice of the buyer, if need be. Once your order is completed, you will receive an email confirming the Order and the time within which the delivery will take place. RECCAL undertakes to make every effort to ensure delivery on the date indicated when placing the order and under no more than 14 working days from that date. In case of unavailability of a product, RECCAL undertakes to inform You as soon as possible. We promise to refund the sums paid no later than 14 days after the payment of your order. RECCAL may also offer to exchange the unavailable product for a product of quality and equivalent prices depending on available stocks. In case of acceptance by You of a product of quality and price equivalent to the product initially ordered, you will have the possibility to exercise your right of retraction on this new product on the delivery of this one, the expenses of return being in this case the responsibility of RECCAL. Unless otherwise instructed, your Order will be delivered to the address you specified when creating your account on the site. Please ensure that this address is complete, accurate and that the address indicated is still relevant. RECCAL can not be held responsible if the delivery can not be carried out in case of inaccurate address, not accessible or incomplete. A delivery note will be given to You at the time of delivery of the ordered product, as well as the instructions for use of the product and, if applicable, a certificate of guarantee of the product, in French. The delivery of your Order takes place with the intervention of a third party provider for the transport of products. In case of late delivery, the Buyer can contact the customer service, the details of which are indicated in the "Legal Information" section. In accordance with Articles L138-1 and L.138-3 of the French Consumer Code, for any product offer of more than €500, a delivery deadline will be set in the offer description and in the confirmation from the Order to the Buyer. The resolution of the contract may be requested by sending a registered letter with acknowledgment of receipt in case of exceeding more than seven working days from the date of delivery announced except in case of force majeure. In this case, RECCAL will refund the Buyer. The contract will be considered broken as soon as RECCAL receives the email, unless the delivery has been made in the meantime. You must send to RECCAL this letter within 60 working days of the originally scheduled delivery date. RECCAL will refund the amounts paid under the same conditions as for the exercise of the right of withdrawal, as defined in the section "Right of withdrawal" of the T&Cs. Upon receipt of the Delivery, You must check the compliance of your order and possibly make all reservations and justified claims. You will sign a Delivery voucher for this purpose. You have the right to refuse delivery if the goods delivered are not in conformity with the Order, have a defect or have undergone an obvious deterioration. After acceptance of the delivery, no claim for degradation will be admissible (article L138-4 French Consumer Code). These reservations and complaints must be sent immediately to the carrier at the time of delivery of the Product. You will confirm your reservations or claims by e-mail to the address mentioned in the "Legal Information" section of the T&Cs by indicating the number of your Order. RECCAL recommends You to read carefully all the documents supplied with the delivered product (manual, etc.), before installing or using it for the first time. RECCAL’s responsibility can not be engaged in case of damage resulting directly from a use of the products bought on our site not conforming to the indications and prescriptions given in the documents attached to the products. RECCAL also reminds You that You have chosen only the product purchased on the Website. As such, RECCAL is not responsible for the choice of products made by our customers on the site, especially in consideration of their level of expertise or the particular context of installation in which the product was purchased. Advice and educational content are offered for informational purposes only and can not engage RECCAL’s responsibility for any reason whatsoever. In any case, RECCAL recommends you to consult a professional if you encounter difficulties in the installation of the purchased product.
Product Guarantee We strongly recommend that You keep your invoice and your delivery voucher in order to play a guarantee on a product purchased on our Website. All products sold on the Website benefit from the legal guarantee of conformity, as defined in articles L211-4, L211-5, L211-12, 1641 and 1648 and following of the Code of the Consumption and the Guarantee against hidden defects, as defined in articles 1641 and following of the Civil Code. In case of finding a hidden defect or a lack of conformity, the Buyer must contact the customer service by sending e-mail to the address mentioned in the "Legal Information" section of the T&Cs. RECCAL undertakes either to refund the Purchaser of the price of the Product, or to repair or exchange the Product against an identical product depending on the available stocks, or to exchange the product against a product of quality and equivalent price depending on the stocks available in case of Delivery of a non-compliant product and in case of delivery of a product revealing a hidden defect. You have the option to keep the product and ask us to lower the price. You have two years from the discovery of the defect to bring an action under the legal warranty. The products must be returned to the address indicated in the description of the offer, in their original packaging. The cost of returning the product(s) will remain the responsibility of the Buyer. Are excluded from warranty products opened, modified, repaired, integrated or added by the Buyer or any other person not authorized by the Supplier of the said product. The warranty does not cover apparent defects. The warranty will not cover products damaged during shipping or misuse. If the products are damaged upon delivery, You have the opportunity to refuse them and to make known the reasons for your refusal on the delivery order. The manufacturer’s warranty is not intended to apply in case of misuse or improper installation of the products by the buyer.
Right of Withdrawal In accordance with the provisions of the Consumer Contracts Regulations (Art. L. 121-20), Buyers shall have a period of fourteen calendar days in which to exercise their right of withdrawal without having to give any reasons or incur penalties, except for the cost of return. Upon the expiry of that period, the right of withdrawal shall irrevocably lapse. This period of fourteen calendar days shall take effect in relation to each Product on the day on which possession is taken of that Product. This right of withdrawal shall be applied if your package is not removed from the parcel pickup point within the due date ; if you are not to the delivery address during 3 delivery appearances ; if you refuse the Order except for manufacturing defect or damages reasons ; if delivery address is incomplete, inaccurate or contains an error. The consumer shall have fourteen days in which to return the product ordered to the address indicated on Legal Information above with a register letter and respect to the Product Fact Sheet stating their order number, in its original packaging, with all its accessories and documents, or in a package equivalent to the one shipped and shall be refunded by RECCAL. Any Product not received at the stated address shall not be refunded. If the right of cancellation is exercised, RECCAL is required to give the Buyer a refund of all the payments received, including the delivery costs no later than fourteen days following the date on which it receives the Product back from the Buyer, subject to the terms mentioned below. The reshipment costs shall be borne by you. In the event of return made by RECCAL or RECCAL’s partners, it may lead to extra costs. In metropolitan France, delivery fees come to €15 for standard packages and €20 for voluminous packages (weight and volume). All products returned (Product, original packaging, accessories and product leaflet etc.) must be perfectly intact. In the event of damage attributable to the Buyer, RECCAL is entitled to deduct from the refund due to the Buyer, the corresponding amount of the damage to the Product. RECCAL shall make the refund using the same method of payment as the one used by the Buyer for the original transaction or substitute the refund for a voucher. You acknowledge to accept this refund condition in the event of a future right of withdrawal implementation. If RECCAL opt for granting a voucher, the reshipment costs shall be borne by RECCAL.
Limited Liability RECCAL draws your attention to the fact that RECCAL can not be held responsible in the event that the content of the websites to which the links placed on the Website redirect would contravene the legal and regulatory provisions in force, their content are neither subject to approval or control of RECCAL. RECCAL is fully liable to You for the proper performance of its obligations under the contract concluded with You, whether these obligations are to be performed by RECCAL or by other service providers. However, RECCAL can not be held liable for non-performance or improper performance of the contract attributable to You, or is attributable to the insurmountable and unpredictable fact of a third party to the contract, or to a case of force majeure.
Privacy Statement Any contract concluded with a Buyer corresponding to an Order of more than €120 (VAT included) will be archived by RECCAL for ten years. This period runs from the conclusion of the contract until the date of delivery of the good and then for a period of ten years from that date. To access archived previous subscribed contracts, the Buyer must submit a request to RECCAL by sending an email to customer service. In application of the law n° 78-17 IT and Liberties of January 6, 1978, modified by the law n° 2004-801 of August 6, 2004, You profit at all times of a right of information, of access, of rectification and opposition to personal data collected as part of your use of the Website, by contacting the person in charge of the publication as indicated in the chapter "Legal Information".
Intellectual property Beyond the sale of products, the Website also offers installation sheets of products presented, articles, plumbing tips and videos or tutorials offering advice on installing or mounting the products you have ordered on the Website. All of this content will also be downloadable. This content is intended exclusively to help you install products purchased on the site and give you plumbing advice. You acknowledge and agree that RECCAL, and where applicable our license providers, remains the sole owners of all intellectual property rights of any kind relating to the RECCAL Website, its contents and services, including all trademarks and all other property rights. The license granted to you on the elements of the site, in particular the downloadable elements (including the sheets of use of the products), is strictly personal, non transferable and remains reserved for a use in a circle of family. You agree not to make any use of this content other than this one and more specifically, not to use it commercially, to allow its dissemination to the public through other channels or any other form of use or of exploitation of this video going against RECCAL’s rights on this content. We do not grant any license to users of the site on any of these intellectual property rights in the context of these T&Cs, except to the extent strictly required for the use of the Website in accordance with these T&Cs. Any product or company name mentioned on the Website or included in a service or product may constitute a trademark belonging to its owner. RECCAL reserves all rights not expressly granted to users under these Terms. Any total or partial reproduction of the site is strictly forbidden, in the absence of prior authorization.
Disputes and applicable laws Any complaint must be addressed to the customer service as indicated in the section "Legal Information" of the T&Cs. These T&Cs and any use of the Website and/or order are subject to French law. For any dispute relating to the order or to these Terms and Conditions, the court of competent jurisdiction shall be that of the defendant’s domicile or the place of delivery of the product, at the choice of the plaintiff.