Legal notice and Terms of Sale

This English translation is provided for information only. In the event of any discrepancy, the French version prevails.

Legal notice

NivOmatic.fr, NivOmatic.eu, NivOmatic.com and other extensions are websites published by Thierry DUC, 75 route de Raunel, 24170 MONPLAISANT, France – RCS Bergerac 400 847 760 – support@nivomatic.fr. Host: HOSTINGER. Technical information about the products presented on this site may be changed by the manufacturer without prior notice. Illustrations are not contractually binding. NivOmatic is a registered trademark.

Site access: access to the websites www.nivomatic.eu, www.nivomatic.com and nivomatic.fr is free of charge. The costs of accessing and using the telecommunications network are borne by the user, according to the terms set by their internet service provider and telecoms operator. The user of this site acknowledges having the skills and means necessary to access and use it.

Personal data: the processing of your data is described in our Privacy policy. You have, in particular, the right of access, rectification, erasure, restriction, objection and portability (Regulation (EU) 2016/679 “GDPR” and the amended French Data Protection Act of 6 January 1978). For any request: NivOmatic, Thierry DUC, 75 route de Raunel, 24170 MONPLAISANT, France, or support@nivomatic.fr.

Copyright: any representation or reproduction, in whole or in part, of the pages, data and any other element of the site, by any process or on any medium, is prohibited without express authorisation and constitutes an infringement.

General Terms and Conditions of Sale

1 – General – Manufacturer and distributor: Thierry DUC, 75 route de Raunel, 24170 MONPLAISANT, France, RCS Bergerac 400 847 760 – support@nivomatic.fr.

2 – Application – Unless expressly agreed otherwise, these general terms and conditions apply to all our sales, notwithstanding any contrary clause that may appear in any document issued by our customers. Our failure to enforce any of the clauses below does not mean that we waive it. The total or partial invalidity of any of the clauses below shall not affect the validity of the other clauses.

3 – Orders – Orders from professional resellers only become final once accepted by us. Delivery lead times only start once the deposit stipulated in the customer’s order has been paid. If the order is not performed due to the buyer, this deposit is retained by us. Unless otherwise stated, our offers and quotations are only valid for one month from their issue. Non-acceptance of our terms of sale results in the cancellation of the order. Accepted orders are irrevocable for professional customers, unless we agree otherwise in writing. Orders placed on the website by private individuals or professionals are only processed once full payment of the price has been confirmed. The products are then dispatched within a maximum of 7 working days, most often within 48 hours.

4 – Carriage, delivery – All our goods travel at the customer’s risk. Even when sent carriage paid, it is the recipient’s responsibility, on receipt of the goods, to make all reservations in the event of damage, shortage or delay. Every delivery must be received in the presence of the carrier and its contents must be systematically checked before signing the delivery note. The customer must record any anomaly concerning the delivery on the delivery note, in the form of handwritten reservations accompanied by their signature. The customer must also confirm the reservations to the carrier no later than two working days after receipt of the parcel and send a copy of the letter to the manufacturer and distributor. If the products need to be returned because of damage in transit, they must be returned within two days of delivery, in their original condition (packaging, accessories, instructions, etc.). In the event of a problem, the reason must be stated on the delivery slip and the manufacturer and distributor contacted as soon as possible. If there is no delivery slip, the parcel should be refused and we should be contacted. If the customer is absent at the time of delivery, any additional charge is payable by the customer. Delivery times are given for information only; they apply to goods leaving our premises. The company is released from its delivery obligation in the event of force majeure, in particular disruption or total or partial strikes of postal services or of means of transport and/or communication, fire or flood. These provisions do not deprive the consumer of their right of withdrawal (article 14).

5 – Product description – Our products are described with the precision necessary to inform the customer. We nevertheless reserve the right to modify any characteristic we consider appropriate. Photographs, graphics and illustrations provided in our documentation or on our website are not contractually binding.

6 – Prices – Professionals: our prices are exclusive of VAT, packaging included, ex our premises unless otherwise stated; they may be revised without notice according to economic conditions. Online sales: prices are expressed in euros inclusive of all taxes, excluding delivery costs, which are shown before the order is confirmed.

7 – Payment terms – Professionals: unless otherwise agreed in writing, our invoices are payable in cash on order; payment in cash is systematic for a first transaction. Where a payment period is granted in writing, it complies with the statutory time limits (article L. 441-10 of the French Commercial Code) and the due date is shown on the invoice. Any late payment automatically entails, from the day following the payment date shown on the invoice and without any reminder being necessary: (a) late payment penalties at three times the legal interest rate in force; (b) a fixed indemnity for recovery costs of 40 euros (articles L. 441-10 and D. 441-5 of the French Commercial Code), without prejudice to additional compensation on proof if the recovery costs incurred are higher; (c) all other sums owed by the buyer becoming immediately payable, even if they are the subject of accepted bills of exchange; (d) the automatic termination of all sales concluded with the buyer twenty-four hours after receipt of a registered letter stating our intention to terminate them, any partial payments previously made remaining definitively acquired by us. If there is any change in the buyer’s situation (incapacity, death, transformation or dissolution of a company, sale, contribution to a company or transfer of a business in any form whatsoever, amicable settlement, receivership, compulsory liquidation, bankruptcy), we reserve the right to terminate all or part of the sales concluded. Sales to private individuals: full payment on order (PayPal, bank card, Apple Pay or Google Pay via PayPal, bank transfer or cheque); right of withdrawal: see article 14.

8 – Applicable law – This contract is governed by French law. The language of this contract is French. In the event of a dispute, the Tribunal of Bergerac shall have jurisdiction.

9 – Retention of title – Professionals: the products remain the property of the manufacturer and distributor until the price has been paid in full to our company. Until that date, the equipment delivered is considered to be held on consignment and the buyer bears the risk of any damage that this equipment may suffer or cause for any reason whatsoever. Notwithstanding any clause to the contrary, if the buyer fails to meet any payment deadline, the manufacturer and distributor, without prejudice to its other rights, may obtain by registered letter the return of the equipment at the buyer’s expense until the buyer has fulfilled all of its commitments.

10 – Installation and use – The product must be installed and used in accordance with its instructions. In particular, the user must: tighten by hand and check the fittings and the supply hose, which are not supplied by NivOmatic in the case of a garden hose; check, every time the device is fitted and especially on first use, that there are no leaks and that the device is working properly; use the supply kit (crimped fittings, UV-resistant reinforced hose) or turn off the water supply during prolonged absences; respect the stated pressure range (0.5 to 8 bar). We recommend installing an automatic shut-off device upstream (irrigation controller or tap timer), set to the pool’s normal daily consumption: in the event of a leak, it limits the volume of water released. The buyer can check whether the product is suitable for their use by consulting the instructions and data sheets available for download or on the NivOmatic.fr, NivOmatic.eu and NivOmatic.com websites, or by contacting us.

11 – Liability – Professionals: total or partial inability to use the products, in particular due to incompatibility of equipment, shall not give rise to any compensation or refund. Removal, refitting and transport costs are excluded from the warranty and from our liability, as is any damage or cost caused directly or indirectly by any defect in the product, in particular water damage and water supply costs, subject to the mandatory provisions on liability for defective products. Consumers: we cannot be held liable for damage resulting from installation or use that does not comply with the instructions and with article 10.

12 – Warranties – Commercial warranty: our devices are guaranteed for two years from the date of delivery, subject to use in accordance with our instructions. The purchase invoice must be kept. The manufacturer and distributor decides whether to repair or replace the defective product after inspection at its premises. The commercial warranty ceases when the products have been modified outside its workshops. It is in addition to, and does not replace, the legal warranties below.

Legal warranties (statutory notice, annex to article D. 211-2 of the French Consumer Code):

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: 1. the professional refuses to repair or replace the goods; 2. the repair or replacement of the goods takes place after a period of thirty days; 3. the repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; 4. the lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining warranty period until the reconditioned goods are delivered.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

Seller responsible for conformity: Thierry DUC – NivOmatic, 75 route de Raunel, 24170 MONPLAISANT, France – support@nivomatic.fr.

13 – Warranty procedure for purchases on our website – Contact us by email at support@nivomatic.fr to open a warranty claim, attaching the purchase invoice or delivery slip. Most often, a telephone call resolves the problem in a few minutes. If the product needs to be returned, send it to: NivOmatic, 75 route de Raunel, 24170 MONPLAISANT, France. We repair or replace the product and send it back to you at our expense. Under the legal warranty of conformity, the consumer’s shipping costs are refunded.

14 – Right of withdrawal and refund – See the “Returns and refunds policy” page.

15 – Professional resellers – Unless a written objection is made within two days of receipt of this document, the professional buyer is deemed to have accepted our General Terms and Conditions of Sale and our Privacy policy, notwithstanding any contrary clauses in its own purchasing conditions. Consequently, orders are only executed once this two-day period has expired.

16 – Privacy policy – Acceptance of these general terms and conditions of sale when confirming the order constitutes acknowledgement of our Privacy policy, available on the dedicated page linked in the site footer.

17 – Mediation – In accordance with articles L. 611-1 et seq. of the French Consumer Code, the consumer may use a consumer mediator free of charge with a view to the amicable resolution of a dispute, after first sending a written complaint to support@nivomatic.fr.

Last updated: 02/11/2026.