Between the micro-business owner Lionel PAWLOWSKI, also known as "E-OCEAN",
located in Kerhars, 56520 Guidel, France,
registered with the Vannes Trade Register,
under SIRET number 84106841400017,
represented by Mr. Lionel PAWLOWSKI in his capacity as manager, duly authorized for the purposes hereof.
The company can be contacted by telephone or email by clicking on the contact form accessible via the website's homepage.
Hereinafter referred to as the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter, "the Buyer" or "the Customer"
On the other hand, The following has been stated and agreed upon:
PREAMBLE
The Seller publishes products dedicated to photography for consumers, marketed through its website (http://eocean.eu). The list and description of the goods and services offered by the Company can be viewed on the aforementioned website.
Article 1 : Purpose
These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
Article 2 : General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's website and form an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable terms and conditions are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These terms and conditions are available on the Company's website at the following address: http://eocean.eu. The Company also ensures that their acceptance is clear and unconditional by implementing a checkbox and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges having received the necessary advice and information to ensure that the offer meets their needs. The Customer declares being legally capable of entering into a contract under French law or being duly authorized to represent the natural or legal person on whose behalf they are acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of products sold through the websites are indicated in Euros and are clearly specified on the product description pages. VAT is not applicable to sales (Article 293B of the French General Tax Code). Prices are also indicated on the order page and do not include specific shipping costs. Customs duties, other local taxes, import duties, or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They are the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). The Seller therefore advises the buyer to inquire about these matters with the appropriate local authorities. The Company reserves the right to change its prices at any time in the future. Telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. Delivery charges, if applicable, are also included.
Article 4 : Online Contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place an order. However, the steps described below are standard:
- Information on the essential characteristics of the Product;
- Selection of the Product, and where applicable, its options, and provision of the Customer's essential information (identification, address, etc.);
- Acceptance of these General Terms and Conditions of Sale;
- Verification of the order details and, where applicable, correction of any errors;
- Following the payment instructions and payment for the products;
- Delivery of the products.
The Customer will then receive email confirmation of payment for the order, as well as an order acknowledgment confirming the order. They will also receive a PDF copy of these General Terms and Conditions of Sale. For products to be delivered, delivery will be made to the address provided by the Customer. For the proper execution of the order, and in accordance with Article 1316-1 of the French Civil Code, the Customer agrees to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any unusual request, any request made in bad faith, or for any other legitimate reason.
Article 5 : Products and services
The essential characteristics of the goods and services, and their respective prices, are available to the buyer on the company's website. The customer acknowledges having received details of the delivery charges, as well as the terms of payment, delivery, and contract performance. The Seller undertakes to fulfill the Customer's order within the limits of available product stock or the supplies necessary for their assembly. If the product is unavailable, the Seller will inform the Customer. Most products are assembled upon request. This contractual information is presented in detail and in French. In accordance with French law, it is summarized and confirmed when the order is validated. While every effort is made to ensure that the photos accurately reflect the actual colors of the products, the parties agree that the illustrations or photos of the products offered for sale are not contractually binding. The validity period of the Product offers and their prices is specified on the Company's website, as is the minimum duration of the proposed contracts when these involve the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the individual who placed the order (or the individual whose email address was provided). In accordance with legal provisions regarding conformity and latent defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested as follows: contact the company, describing the problem and preferably attaching a photo of the product. The Seller will offer a refund, credit note, or replacement. In most cases, it will not be necessary to return a defective product.
Article 6 : Retention of Title Clause
The products remain the property of the Company until full payment of the price. In the case of payment by check or bank transfer, the order will be processed after the funds have been made available.
Article 7 : Delivery Terms
Products are delivered to the delivery address indicated when the order was placed, within the stated timeframe. It is the buyer's responsibility to verify the accuracy of the delivery address. The company reserves the right to ship orders in one or more packages, using the most optimal format to ensure the safety and speed of transport. Products are packaged in discreet packaging, most of which is recycled.
In the event of a delivery delay, the Customer has the option to cancel the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller will then refund the product and the initial shipping costs in accordance with Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact number (cost of a local call from a landline) indicated in the order confirmation email to facilitate order tracking. The Seller reminds the Customer that the risk of loss or damage to the products is transferred to the Customer upon physical delivery. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 8 : Availability and Presentation
Orders will be processed subject to the availability of our raw materials or subject to stock availability from our suppliers. Most products are assembled to order. If an item is unavailable for more than 7 business days, you will be immediately notified of the expected delivery time, and the order for that item may be canceled upon request. The Customer may then request a credit note for the amount of the item or a refund.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card via the secure online payment platform PayPal, by bank transfer, or by check. During secure online payment, the information transmitted is encrypted using state-of-the-art methods and cannot be read during transmission over the internet. Once the Customer initiates payment, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the legal cardholder and that they are legally authorized to do so.
Article 10 : Right of Withdrawal
In accordance with Article L. 121-20 of the French Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return shipping costs." "The period mentioned in the preceding paragraph runs from the date of receipt for goods or from the date of acceptance of the offer for services." The right of withdrawal can be exercised by contacting the Company by email, via the contact form, or by telephone. We inform customers that, in accordance with Article L. 121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for custom-made items (personalization or non-catalog pieces). If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased product(s) and the initial shipping costs will be refunded; return shipping costs remain the responsibility of the customer. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they should, if possible, be accompanied by a copy of the proof of purchase.
Please note that simply returning the goods without notification or refusing delivery is not sufficient to express the intention to withdraw. In the case of packages not collected or returned without prior agreement, they can only be reshipped if the buyer agrees to pay the shipping costs again. Otherwise, the order will be refunded, less shipping costs and any additional return shipping fees (carrier, customs, restocking).
In the event of a cancellation, the buyer will be responsible for the direct costs of returning the products. The return of goods is at the customer's expense, risk, and peril. It is strongly recommended to return them via registered or tracked mail, with insurance and proper packaging. The refund of initial shipping costs will be proportional to the value of the returned goods relative to the original order.
Article 11 : Guarantees
In accordance with the law, the Seller provides two guarantees:
I. A guarantee of conformity and against hidden defects in the products. The Seller will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The refund request must be made to the company by email (contact@eocean.eu), briefly describing the problem. The Seller reminds the consumer that: 1) they have a period of 2 years from the delivery of the goods to take action against the Seller; 2) they may choose between replacement and repair of the goods, subject to the conditions stipulated in the aforementioned provisions, if the goods are apparently defective or do not conform to the order; 3) they are not required to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery; 4) the consumer may also invoke the warranty against hidden defects in the goods sold, as defined in Article 1641 of the French Civil Code, and in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price (provisions of Article 1644 of the French Civil Code).
II. A 1-year manufacturer's commercial warranty. This warranty covers parts and labor. It does not cover the costs associated with shipping the products to be repaired. To facilitate the processing of warranty claims, it is recommended that you attach a photo of the defect and send it to info@eocean.eu. The company may, at its discretion, choose to repair the defective part or replace the product. Please note that this warranty does not cover normal wear and tear, malfunctions caused by negligence, improper use, damage, or intentional alteration of the product. In such cases, the product may be repaired at the customer's expense. The warranty does not cover material or operational losses related to the use of the products sold. It is the customer's responsibility to check the equipment's condition and proper use before each dive and to clean it after use.
Article 12 : Claims and Fisputes
If necessary, the Buyer may submit any claim by contacting the company by email (info@eocean.eu) or telephone (+33 (0)7 82 48 04 82).
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has implemented a mediation system for consumer issues. The designated mediation entity is: MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV. In the event of a dispute, you can file your complaint on their website: https://www.medconsodev.eu/ or by mail to: MÉDIATION CONSOMMATION DÉVELOPPEMENT, Centre d’Affaires Stéphanois - Immeuble l’Horizon, Esplanade de France, 3 rue J. Constant Milleret, 42000 SAINT-ETIENNE, France.
Article 13 : Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally, any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these Terms and Conditions. Any reproduction, in whole or in part, modification, or use of these assets for any reason whatsoever is strictly prohibited.
Article 14 : Force majeure
The performance of the seller's obligations under this agreement shall be suspended in the event of a fortuitous event or force majeure that prevents their performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 15 : Invalidity and Modification of the Contract
If any provision of this contract is declared invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.
Article 16 : Personal Protection of Data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, modify, object to, and rectify your personal data. By agreeing to these terms and conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on our website, you will receive emails containing information and promotional offers regarding products published by the Company. We do not sell or share your data with other organizations. You can unsubscribe at any time. Simply click on the link at the bottom of our emails or contact the data controller (the Company) by registered letter with acknowledgment of receipt. We track website traffic.
Article 17 : Applicable Law
All clauses contained in these terms and conditions of sale, as well as all purchase and sale transactions covered herein, shall be governed by French law.
Our terms and conditions of sale were developed using a free template that can be downloaded from the website https://www.donneespersonnelles.fr/. These terms and conditions may be modified at any time without prior notice. The applicable terms and conditions will be those in effect on the date the order is placed by the buyer.