General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into between:
Premium Water Distribution SAS
Star Water Filter®
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France
Toulouse Trade and Companies Register: 852 344 456
SIRET: 852 344 456 00029
Premium Water Distribution SAS operates the Star Water Filter® store and the website starwaterfilter.com.
These GTC apply to all orders placed on starwaterfilter.com. Certain provisions, in particular those relating to the right of withdrawal, the statutory guarantee of conformity and consumer mediation, apply specifically to purchasers who qualify as consumers within the meaning of the French Consumer Code.
1 - Purpose and scope
These GTC define the rights and obligations of Premium Water Distribution SAS and the purchaser in connection with the distance sale of products offered on starwaterfilter.com.
Validation of an order implies acceptance of these GTC in the version applicable on the date of the order. The purchaser is invited to read them before confirming the purchase.
Premium Water Distribution SAS reserves the right to amend its GTC, in particular to take account of legislative, regulatory or case-law developments or changes to its services. Amendments do not apply retroactively to orders already concluded.
2 - Products
The products offered for sale are those presented on starwaterfilter.com, subject to availability.
Each product is accompanied by a presentation setting out its essential characteristics. The purchaser must read this information before placing an order.
Photographs and illustrations are intended to present the products as faithfully as possible. However, they cannot guarantee a perfectly identical representation, particularly with regard to shades, finishes or minor changes to the manufacturer's packaging, provided that such differences do not affect the product's essential characteristics.
Premium Water Distribution SAS reserves the right to change its product range at any time.
2 bis - Proper use of products and hygiene instructions
Star Water Filter® filtration systems and the associated filter cartridges are intended for autonomous domestic use. They are not intended to be connected to the water mains or incorporated into a fixed water-treatment or water-distribution installation.
They may be used with tap water, and also with water of known origin and quality that is intended for consumption, subject to the precautions for use set out on the product pages and in the instructions for use.
Star Water Filter® products must not, however, be regarded as a single, automatic treatment solution where microbiological, chemical or accidental contamination is suspected. They must not be used with microbiologically unsafe, suspect or unknown-quality water without suitable prior treatment and confirmation that the water is fit for consumption.
The purchaser must comply with the instructions relating to use, priming, rinsing, commissioning, maintenance, storage of filtered water and replacement of cartridges appearing on the website, product pages and instructions for use.
Filtered water is intended to be consumed promptly. It is recommended that it be consumed within 24 hours of filtration and no later than 48 hours. Filtered water must not be left standing in the lower chamber for several days. In the event of a prolonged absence, or if filtered water has remained in the system for more than 48 hours, the chamber must be emptied, the system cleaned, and then refilled with suitable water.
Priming, rinsing, cleaning and maintenance must always be carried out using safe drinking water in order to avoid contamination of the system or filter cartridges.
Filter cartridges must be replaced in accordance with the maximum capacity and replacement intervals recommended by Star Water Filter®. Beyond these recommendations, the stated performance can no longer be guaranteed.
Use of non-official, modified, damaged or incompatible cartridges may affect the operation of the system and the quality of the filtered water.
3 - Prices
For deliveries to which French VAT applies, the prices displayed are stated in euros including VAT, unless otherwise indicated.
For sales to territories or countries subject to specific tax, customs or import rules, any taxes, customs duties or charges payable at destination may remain the purchaser's responsibility where they are not collected directly by Premium Water Distribution SAS.
Any delivery charges are shown to the purchaser before final confirmation of the order.
Premium Water Distribution SAS may change its prices at any time. The applicable price is the price displayed when the order is confirmed.
4 - Orders and payment
The purchaser selects the products to be ordered and checks the references, quantities, billing and delivery details and delivery charges before confirming the order.
Before payment, the purchaser must check the order summary and may correct any errors.
Final confirmation of the order entails an obligation to pay.
The payment methods offered at checkout may include in particular:
- payment by bank card where this method is offered on the website;
- payment by PayPal;
- payment in instalments via PayPal where this option is offered and accepted by PayPal;
- payment by SEPA bank transfer;
- payment by cheque for France where this option is offered.
The eligibility and operating conditions applicable to third-party payment services are also governed by the contractual terms of those providers.
Where payment by cheque is used, the order is processed only after the payment has been received and cleared. Only cheques issued by a French banking institution may be accepted where this payment method is offered.
Where payment is made by bank transfer, the necessary bank details are provided to the customer. The order is processed after actual receipt of the funds.
Premium Water Distribution SAS reserves the right to suspend or cancel an order in the event of a refused, incomplete or fraudulent payment or a payment incident.
Once the order has been confirmed, a confirmation is sent to the purchaser by email to the address provided when placing the order.
Late payment by professional purchasers
The provisions of this paragraph apply only to purchasers acting for professional purposes.
In the event of late payment, penalties are payable automatically under the conditions laid down in Article L441-10 of the French Commercial Code. Unless a specific rate has been agreed, the applicable rate is the European Central Bank rate for its most recent refinancing operation plus ten percentage points, without being lower than the statutory minimum.
Any professional purchaser who pays late is also automatically liable for the statutory fixed recovery-cost compensation of €40, without prejudice to additional compensation where the actual costs incurred are higher and can be substantiated.
5 - Retention of title
Premium Water Distribution SAS retains ownership of the products sold until the price, charges and any applicable taxes have been paid in full.
This retention of title does not affect the statutory rules on transfer of risk applicable to consumers.
6 - Right of withdrawal
In accordance with Article L221-18 of the French Consumer Code, the consumer has fourteen days from receipt of the goods to exercise the right of withdrawal without having to give any reason.
Where an order covers several goods delivered separately, or goods consisting of several lots or pieces delivered separately, the period runs from receipt of the last good, lot or piece.
The consumer may exercise the right of withdrawal using the online withdrawal function made available on the website, the model withdrawal form set out below or any other unambiguous statement setting out the decision to withdraw.
Online withdrawal
A dedicated function allows the consumer to exercise the right of withdrawal directly and free of charge online: Withdraw from the contract here
This function is also accessible from the website footer, from the customer account and from orders shown in the order history.
After the online withdrawal request has been confirmed, an acknowledgement of receipt is sent to the consumer on a durable medium. This acknowledgement includes, in particular, the content of the withdrawal declaration and the date and time it was submitted.
Use of this function is not exclusive. The consumer may also exercise the right of withdrawal by any other unambiguous statement, including by email to
, stating the purchaser's name, order number and the products concerned.
The consumer must retain proof that the withdrawal request was sent.
Model withdrawal form
For the attention of:
Premium Water Distribution SAS
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France
I hereby give notice that I withdraw from the contract of sale relating to the following goods:
Product(s) concerned: ............................................................
Order number: ............................................................
Ordered on: ............................................................
Received on: ............................................................
Consumer's name: ............................................................
Consumer's address: ............................................................
Date: ............................................................
Once completed, this form must be sent by email to:![]()
Arranging the return
Before sending any product back, the customer must contact customer service to obtain the instructions needed for the parcel to be correctly identified and processed.
This return procedure does not make the exercise of the statutory right of withdrawal subject to discretionary authorisation by Premium Water Distribution SAS.
Where the right of withdrawal applies, the consumer must return the products without undue delay and no later than fourteen days after communicating the decision to withdraw.
The direct costs of returning the goods are borne by the consumer.
The product must be packed and protected appropriately for transport. Use of the original packaging and protective materials is strongly recommended where they are still available.
We recommend using a tracked shipping method appropriate to the value of the order and keeping proof of shipment until the return has been fully processed.
Refund
Where the right of withdrawal applies, Premium Water Distribution SAS issues the refund in accordance with Article L221-24 of the French Consumer Code. If the withdrawal concerns the entire order, the refund includes the price of the products and the initial delivery charges, up to the cost of the least expensive delivery method offered by Premium Water Distribution SAS for that order. Any additional costs resulting from the customer's choice of a more expensive delivery method are not refunded.
The refund is made using the same means of payment used by the customer for the initial transaction, unless the customer expressly agrees to another means of payment, provided that the refund does not give rise to any charges for either the seller or the customer.
Premium Water Distribution SAS may withhold the refund until it has recovered the goods or until the consumer provides proof that they have been sent back, whichever occurs first.
Sealed products, filtration systems and hygiene requirements
Star Water Filter® filtration systems are intended to contain, circulate and filter water intended for consumption. Their chambers, spigots, seals, accessories in contact with water and filter elements are therefore intended to come into direct contact with this water during use.
Star Water Filter® system boxes are closed with a security sticker specifically intended to act as an opening seal. Breaking, removing or altering it establishes that the packaging has been opened after delivery.
Boxes of Ultimate Star Filter® elements are likewise closed with a security sticker serving as a seal. Inside the box, Ultimate Star Filter® elements are also protected by vacuum-sealed plastic blister packaging, providing an additional protective barrier before commissioning.
Breaking, opening, puncturing or otherwise compromising the integrity of the vacuum-sealed packaging establishes that this protection has been opened or altered.
In accordance with Article L221-28(5) of the French Consumer Code, the right of withdrawal does not apply to goods unsealed by the consumer after delivery which are not suitable for return for reasons of hygiene or health protection.
Once the seal on a system has been broken and its components unpacked or handled, Premium Water Distribution SAS can no longer guarantee the conditions in which surfaces and components intended to come into contact with water have been handled or their original sanitary condition.
Likewise, once the seal on an Ultimate Star Filter® box has been broken or its vacuum-sealed packaging opened or altered, Premium Water Distribution SAS can no longer guarantee the handling, exposure or storage conditions of the filter elements before any possible return to the sales circuit.
Premium Water Distribution SAS does not have a reconditioning process capable, after unsealing and handling of these components or opening of the vacuum protection around the filter elements, of restoring and guaranteeing a sanitary condition equivalent to that of a new product for resale.
Where a system or filter element has been unsealed and its unpacking, handling or the breaking of its protective packaging means that its original sanitary condition and resale under hygiene conditions equivalent to those of a new product can no longer be guaranteed, the exception to the right of withdrawal provided for in Article L221-28(5) of the French Consumer Code applies and the product concerned cannot be returned under the right of withdrawal.
A consumer considering exercising the right of withdrawal should therefore check the reference, model and characteristics shown on the packaging before breaking the security sticker on the system or filter box and, in the case of Ultimate Star Filter® elements, before opening or altering their vacuum-sealed packaging.
The right of withdrawal does not constitute a right to use the product for fourteen days.
Ultimate Star Filter® filter elements
Ultimate Star Filter® elements are intended to come into direct contact with water intended for consumption.
Priming, rinsing, wetting or using a filter element brings it into contact with water and, given its porous structure, causes water to penetrate the filter media.
After such handling, Premium Water Distribution SAS no longer controls the quality of the water used, the handling, drying or storage conditions and can no longer guarantee the filter's original sanitary condition.
An Ultimate Star Filter® element that may be returned must therefore not be removed from its vacuum-sealed packaging where its integrity must be preserved, nor primed, rinsed, wetted, installed or used.
Priming, rinsing, wetting or passing water through the element constitutes commissioning of the product and cannot be treated as a simple visual inspection.
Diminution in value resulting from excessive handling
Where the exception provided for in Article L221-28(5) does not apply, the consumer may nevertheless be liable, in accordance with Article L221-23 of the French Consumer Code, for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the goods.
Premium Water Distribution SAS may therefore inspect, in particular, the condition of the products, chambers, spigots, seals, filters, accessories, security seals, vacuum packaging, other packaging and protective materials.
Any damage, evidence of assembly or use, scratches, tightening marks, traces of water, modification, missing part, broken seal, altered vacuum packaging, damaged packaging or other alteration may be taken into account where it results from excessive handling.
Any deduction for diminished value corresponds to the actual loss in value suffered by the goods and does not constitute a fixed penalty.
Inspection of returns and fraud prevention
Returned products may be inspected for authenticity, reference, condition and conformity with the products actually dispatched by Premium Water Distribution SAS.
This inspection may in particular cover Ultimate Star Filter® elements, their markings, seals, vacuum-sealed packaging, condition and any other feature allowing them to be identified.
Any return of a product different from the one dispatched, any substitution, return of a counterfeit product or proven fraud will result in refusal of the refund for the product concerned and may lead to appropriate further action.
For further details on the practical arrangements, the consumer is invited to consult the Return Policy.
6 bis - Star Water Filter® 30-day satisfaction guarantee
Independently of the statutory right of withdrawal and statutory guarantees, Premium Water Distribution SAS offers a 30-day commercial satisfaction guarantee on eligible complete Star Water Filter® systems purchased on starwaterfilter.com.
This commercial guarantee allows the customer to try the system under normal conditions of use and, if not satisfied, to request a refund subject to compliance with the conditions set out below and on the Star Water Filter® satisfaction guarantee page.
This satisfaction guarantee is separate from the statutory fourteen-day right of withdrawal. In particular, opening the system, breaking the seals, opening the vacuum-sealed packaging of the Ultimate Star Filter® elements or bringing them into contact with water may prevent exercise of the statutory right of withdrawal under the conditions set out above, without automatically excluding the satisfaction guarantee where all of its specific conditions are met.
Products covered
The satisfaction guarantee is reserved for the purchase of an eligible complete Star Water Filter® system. It does not apply to the purchase of Ultimate Star Filter® elements, accessories or spare parts on their own.
Duration and return deadline
The equipment must be sent back within a maximum of 30 calendar days from the delivery date. The customer must therefore contact customer service sufficiently early to allow eligibility to be checked and the return to be arranged within this period.
Eligibility conditions
The purpose of the satisfaction guarantee is to allow the customer to genuinely assess the system. The reason for dissatisfaction must be real and substantiated.
In particular, the satisfaction guarantee is not intended to cover a return motivated solely by a size, capacity, footprint or other characteristic clearly stated to the customer before purchase. Likewise, where a difficulty results from incorrect assembly, installation, priming or use, the customer must first contact customer service so that the necessary checks and advice can be provided.
The returned equipment must be complete, in good condition and free from deterioration other than that which may result from a normal and compliant trial of the system.
The customer must retain all original packaging and protective materials, in particular the chamber protections and the boxes and packaging for the accessories and filters, so that the equipment can be suitably repacked for return.
Ultimate Star Filter® elements that have been in contact with water must be completely dry before being packed for return in order to avoid dampening or damaging the packaging. Each filter element must then be placed in a clean, watertight plastic bag before being put back into its packaging.
Prior request and return arrangements
Before sending anything back, the customer must submit a request to Star Water Filter® customer service by email or via the contact form, stating the order reference and the reason for dissatisfaction.
Customer service checks eligibility under the satisfaction-guarantee conditions and provides the practical return instructions. The customer must not dispatch the equipment before receiving these instructions.
This procedure relates exclusively to the commercial satisfaction guarantee and does not make the consumer's statutory rights subject to it.
Return costs and responsibility
The direct return costs under the satisfaction guarantee are borne by the customer.
The customer remains responsible for the equipment and its transport until it is received by Premium Water Distribution SAS. We recommend using a tracked shipping method appropriate to the value of the system and insuring the parcel for its value.
Inspection and refund
On receipt, Premium Water Distribution SAS inspects the system, its filter elements, accessories, components and packaging in order to verify compliance with the satisfaction-guarantee conditions.
Where the conditions of this commercial guarantee are met, the refund is made within a maximum of 30 days following receipt and inspection of the returned equipment.
If the conditions of the satisfaction guarantee are not met, in particular if the equipment is incomplete, damaged, incorrectly repacked or does not correspond to the product originally dispatched, Premium Water Distribution SAS may refuse the refund under this commercial guarantee. The equipment may then be held for the customer or sent back to the customer, and the cost of that new shipment may remain payable by the customer.
Guarantor and territorial scope
The satisfaction guarantee is provided free of charge by:
Premium Water Distribution SAS
Star Water Filter®
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France
Telephone: +33 (0)9 80 40 00 77
It applies to eligible complete Star Water Filter® systems purchased on starwaterfilter.com and delivered to countries served by the store at the time of the order.
The satisfaction guarantee applies without prejudice to the statutory guarantee of conformity and the statutory guarantee against hidden defects available to consumers under the conditions laid down by law.
7 - Delivery
Products are delivered to the address or collection point selected when the order is placed.
The carriers offered may include UPS, UPS Access Point, Mondial Relay, La Poste, Chronopost, GLS, DHL, FedEx, TNT or DPD, depending on the destination and available services.
Premium Water Distribution SAS delivers the goods on the date or within the period indicated to the consumer when the order is placed. Where no specific indication is given, delivery takes place without undue delay and no later than the period provided for by the applicable regulations.
A tracking number is normally provided to the purchaser so that the parcel can be tracked.
For sales concluded with a consumer, any risk of loss of or damage to the goods passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods. Where the consumer personally entrusts delivery to a carrier other than those offered by Premium Water Distribution SAS, the risk passes to the consumer when the goods are handed over to that carrier.
Collection point changed while the parcel is in transit
A carrier may have to change the collection point initially selected due to operational constraints, closure, saturation or unavailability of the chosen location.
The customer is informed of the new collection point by the carrier or through the tracking information.
Where the replacement collection point is located an abnormally long distance from the original point, the customer is invited to contact our customer service so that a solution can be sought.
Non-collection, incorrect address or failed delivery
The customer is responsible for the accuracy of the contact and delivery information provided when placing the order.
Where a parcel is made available at a collection point, the customer must collect it within the holding period stated by the carrier.
Failure to collect a parcel, refusal for a reason unrelated to visible transit damage, or return due to an incorrect or incomplete address attributable to the customer does not constitute exercise of the right of withdrawal.
Where, for one of these reasons, the parcel is returned to Premium Water Distribution SAS, the order is refunded after receipt and inspection of the return, less the initial delivery charges actually incurred and the actual return charges invoiced to Premium Water Distribution SAS by the carrier.
If the customer ultimately wishes to receive the products, a new order must be placed.
Parcel damaged by the carrier
The customer must inspect the external condition of the parcel when it is handed over.
If the parcel is open, torn, crushed, dented, repackaged, wet or shows signs of impact or any other visible damage, its condition and, where possible, its contents must be checked immediately.
Home delivery
For home delivery, the customer must inspect the parcel in the presence of the driver.
Where visible damage is present, precise, complete and detailed reservations must be entered on the carrier's delivery note or terminal before signing or confirming receipt.
The reservations must state the condition of the parcel and, where damage to the contents is found, the name or reference of the part concerned and the exact nature of the damage.
General wording such as “subject to unpacking”, “subject to inspection”, “parcel damaged” or “packaging damaged” is insufficient to identify the damage precisely.
Where the parcel and its contents are clearly very seriously damaged, the customer must refuse delivery and state the nature of the damage precisely on the carrier's document.
Collection from a parcel shop or retailer
The customer must inspect the external condition of the parcel before leaving the collection point.
If visible damage is present, the customer must report it immediately to the retailer or person responsible for the collection point and ask for the issue to be recorded where the carrier's system allows this.
Where possible, the parcel must be checked on site.
If the collection point cannot formally record a reservation, the customer must immediately take photographs on site and contact Star Water Filter® customer service without delay.
Collection from an automated locker
When collecting from an automated locker, the customer must inspect the condition of the parcel as soon as the locker is opened.
If the parcel shows visible damage, it must be photographed immediately and Star Water Filter® customer service must be contacted without delay.
Photographs and evidence required for a carrier claim
To open any carrier-damage claim, the customer must provide the photographs needed to establish the facts.
The photographs must in particular show:
- the parcel as a whole;
- the areas of the box showing impacts, crushing, openings, tears or other damage;
- the shipping label still attached to the parcel and perfectly legible;
- the internal protective materials and packaging;
- the damaged product(s) and the precise nature of the damage.
The box, protective materials, shipping label and packaging items must be kept until the claim is closed.
The carrier or Premium Water Distribution SAS may request additional photographs or require the parcel to be retained for inspection.
Failure to make precise reservations or immediately report visible damage may prevent Premium Water Distribution SAS from successfully pursuing a claim against the carrier.
Where the reservations, photographs or evidence required to open a carrier claim are unavailable, any complaint will be examined in light of all available evidence, including the condition of the parcel, the nature of the damage, the time taken to report it, available photographs and tracking data.
These provisions governing carrier claims do not affect the consumer's statutory rights against the seller.
Damaged product, incomplete order or preparation error
The customer must check the contents of the order as soon as it is received.
In order to preserve evidence, any visible issue, damaged product, missing part, missing product or incorrect reference must be reported to customer service within 48 hours of receipt.
The customer must keep the box, protective materials, bags, shipping label and products received until the case has been processed.
Premium Water Distribution SAS may request photographs and compare the complaint with objective information available regarding preparation and dispatch of the order, including references picked, logistics checks and parcel-weight data.
A report made after the 48-hour period does not deprive the consumer of statutory rights. The time elapsed and the available physical and traceability evidence may nevertheless be taken into account when assessing the reality, circumstances and origin of the alleged issue.
Where a preparation error is attributable to Premium Water Distribution SAS, any return of the product sent in error is arranged at Premium Water Distribution SAS's expense.
Where a product is genuinely missing, it is dispatched as soon as possible after the complaint has been checked.
8 - Guarantees
Professional responsible for the statutory guarantees
Premium Water Distribution SAS
Star Water Filter®
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France
Statutory guarantee of conformity and guarantee against hidden defects
The consumer benefits from the statutory guarantee of conformity for two years from delivery of the goods. In the event of a lack of conformity, the consumer may request repair or replacement of the product, free of charge and without major inconvenience, under the conditions and within the time limits laid down by the French Consumer Code.
In the situations provided for by law, in particular refusal or impossibility of bringing the goods into conformity, expiry of the statutory time limit, major inconvenience or persistence of the defect, the consumer may obtain a price reduction or termination of the sale. Termination is not available where the defect is minor.
The consumer also benefits from the statutory guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect.
Making a guarantee claim
For any guarantee or after-sales service request, the customer must contact Star Water Filter® at
and provide in particular:
- the order number and date;
- the customer's name;
- the reference of the product concerned;
- a precise description of the problem encountered;
- photographs, videos or other evidence needed to analyse the problem where relevant.
As some malfunctions may result from incorrect assembly, priming, installation, maintenance or use, after-sales service may request the checks reasonably necessary to determine the nature and origin of the problem.
Where a physical return is necessary, the customer must wait for after-sales service instructions so that the product is sent to the correct address and according to the appropriate procedure.
This return procedure does not affect the existence of the consumer's statutory rights.
Where a claim falls under the statutory guarantee of conformity, it is handled free of charge for the consumer under the conditions laid down by the French Consumer Code.
Commercial guarantees
Independently of the satisfaction guarantee described in Article 6 bis and the statutory guarantees, certain products benefit from other commercial guarantees whose duration and conditions are specified in the documentation, product page or guarantee conditions applicable to the product concerned.
By way of indication, the commercial guarantees currently offered include in particular:
- Ultimate Star Filter® elements: two-year pro-rata commercial guarantee under the applicable conditions;
- system chambers and lids: 24 months;
- accessories and spare parts: 6 months.
These commercial guarantee periods do not reduce or replace the statutory guarantees available to the consumer where applicable.
The brushed appearance of stainless-steel chambers does not in itself constitute a defect. Stainless-steel chambers are produced using metallurgical manufacturing processes involving micro-sanding. They do not have a mirror finish and the micro-sanding on the inside may be more pronounced. Micro-scratches inherent in this finish do not, by themselves, constitute a lack of conformity.
Exclusions relating to improper use
Commercial guarantees do not cover damage resulting in particular from improper use, dropping, incorrect assembly, modification of the product, use contrary to the instructions or lack of maintenance where these circumstances are the cause of the damage claimed.
The following may in particular be excluded from the commercial guarantee where they are the cause of the failure:
- allowing an Ultimate Star Filter® element to freeze;
- using water from a dehumidifier for everyday use or filtering a liquid other than water;
- breaking a filter element following a fall or impact;
- a failure resulting from incorrect assembly or unsuitable maintenance;
- using a pressurised-water device to prime filter elements where this is contrary to the instructions provided;
- moving or transporting the system with the filter elements installed where this causes their stems to break;
- using water from a salt-based water-softening system where this is discouraged because of the risk of clogging the filter elements or corrosion;
- failure to follow recommendations relating to use, maintenance, hygiene or cartridge replacement;
- use of non-official, modified, damaged or incompatible cartridges where this is the cause of the damage or malfunction.
These exclusions from the commercial guarantee cannot have the effect of removing the consumer's statutory rights where the defect claimed actually falls within the statutory guarantee of conformity or the guarantee against hidden defects.
9 - Liability
Premium Water Distribution SAS is responsible for performing its obligations under the conditions laid down by the applicable regulations.
Premium Water Distribution SAS cannot, however, be held liable for damage resulting from use of the product contrary to its intended purpose, product information, installation, use, hygiene or maintenance instructions, or from an unauthorised modification of the product, where that circumstance is the cause of the damage.
The following may in particular constitute improper use: use with suspect, microbiologically unsafe or unknown-quality water without suitable prior treatment and confirmation that it is fit for consumption; prolonged stagnation of filtered water; lack of maintenance or cleaning; failure to follow priming, rinsing or commissioning steps; late replacement of cartridges; modification of the product; or use of non-official, modified, damaged or incompatible cartridges.
Premium Water Distribution SAS cannot be held liable for temporary interruptions or malfunctions of the website resulting from an external event reasonably beyond its control, subject to mandatory statutory provisions.
10 - Intellectual property
The texts, photographs, logos, illustrations, graphic elements and other content on starwaterfilter.com are protected by the intellectual-property rights of their respective owners.
Any unauthorised reproduction or exploitation of these elements is prohibited, except with prior authorisation or where permitted by law.
11 - Personal data
Personal data collected in connection with the creation of an account, an order, delivery or after-sales service is processed in accordance with the applicable personal-data protection rules, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act.
The purposes, legal bases, retention periods, recipients and procedures for exercising data-subject rights are set out in our Privacy Policy.
12 - Force majeure
Neither party may be held liable for failure or delay in performing an obligation where this results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.
The affected party informs the other party as soon as possible of the event and its foreseeable consequences.
Where the impediment is temporary, performance of the obligation is suspended for its duration, unless the resulting delay justifies termination of the contract.
Where the impediment is permanent, the consequences provided for by the applicable regulations apply.
13 - Consumer mediation
In accordance with the provisions of the French Consumer Code relating to amicable dispute resolution, a consumer may use a consumer mediator free of charge after first submitting a complaint to Premium Water Distribution SAS where that complaint has not resolved the dispute.
Premium Water Distribution SAS comes under the following mediator:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu
75008 Paris
France
Website: www.cm2c.net
The consumer may in particular refer the matter directly to CM2C online through its website.
Use of mediation is free of charge for the consumer, subject to any costs the consumer chooses to incur personally for assistance, representation or expert advice.
14 - Applicable law and disputes
These GTC are governed by French law, without prejudice to any mandatory provisions offering greater protection to the consumer by reason of the consumer's place of residence where European or international rules so provide.
In the event of a difficulty, the customer is invited to contact Premium Water Distribution SAS first in order to seek an amicable solution.
Failing an amicable settlement or mediation, any dispute falls within the jurisdiction of the competent courts determined in accordance with the applicable legal rules.
Where the purchaser is a consumer, the purchaser may in particular bring proceedings before one of the courts having territorial jurisdiction under the French Code of Civil Procedure or before the court for the place where the purchaser lived when the contract was concluded or when the harmful event occurred.