General terms and conditions of sale
Between the Company OCEA SARL with a capital of 7,622 euros whose registered office is located at 5 allée Lakmé, 33120 Arcachon, registered with the RCS Bordeaux B 387 944 408 408, SIRET 387 944 408 000 54, represented by Mr Yves PARLIER, as manager, duly authorised for the purposes hereof, on the one hand,
And the natural or legal person purchasing the company’s products or services, on the other hand.
It was explained and agreed as follows
Article 1. General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made by OCEA. OCEA reserves the right to modify these terms and conditions at any time by publishing a new version. The GTC then applicable are those in force on the date of payment of the order. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
Article 2. Rates applied
The prices of the products sold by the company OCEA are indicated in Euros excluding tax. They are also indicated in euros all taxes included (VAT + other possible taxes), excluding specific shipping costs.
OCEA may modify its prices at any time but undertakes to apply the prices in force which will have been indicated at the time of the order, subject to availability on that date.
Article 3. VAT
Logically, payment is made in Euros with 20% VAT.
Article 4. Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer. The customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and performance of the contract. OCEA undertakes to honour the Customer’s order within the limits of available Product stocks only. Failing this, OCEA shall inform the Client. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the Products’ offer and their prices is specified by the OCEA Company, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order.
Article 5. Methods of payment
Payment is due immediately upon order. Payment can be made:
– By bank cheque (made out to’OCEA’ only for holders of a bank account domiciled in France). The order will only be processed upon receipt of your check and after validation.
– By bank transfer. The order will only be processed upon receipt of your transfer and after validation.
Default of Payment:
OCEA may refuse to make a delivery or to honour an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is under administration.
Article 6. Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where applicable, of the return costs”. “The period referred to in the preceding paragraph shall run from the date of receipt for the goods or acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the OCEA Company.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs remain the responsibility of the Customer.
The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; they must be accompanied, if possible, by a copy of the proof of purchase.
Article 7. Guarantees
In accordance with the law, OCEA assumes two guarantees: of conformity and relating to hidden defects of the products. OCEA refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed.
Article 8. Responsibilities
With respect to the products purchased, OCEA shall not be liable for any indirect damages hereunder, operating loss, loss of profit, damage or costs, which may arise. The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial inability to use the products, in particular because of the incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of OCEA.
The legal warranty does not apply to the repair of damage resulting from a cause external to the product (e. g. accident, shock, lightning, lightning, current fluctuation, etc.), or from a fault of the customer resulting, for example, from use or installation not in accordance with the manufacturer’s specifications, or from use that is harmful to the proper preservation of the product. The manufacturer’s warranties for products marketed by OCEA do not cover:
– abnormal or non-conforming use of the products.
– damage due to the intervention of a repairer not approved by OCEA
– damage resulting from a cause external to the device (e. g. accident, shock, lightning, current fluctuation, etc.).
Article 9. Intellectual Property
All products and content offered by OCEA (illustrations, texts, labels, trademarks, images, videos) are the property of OCEA. Any partial or total reproduction of the content by any means whatsoever and on any medium is subject to prior and express authorization.
® OCEA Operating Instructions.
OCEA cannot give you permission to copy, display or distribute any content for which you do not own intellectual property rights. Any use of this content in fraud of the rights held by third parties over it constitutes the offence of counterfeiting, severely sanctioned by the Intellectual Property Code. OCEA can under no circumstances be held liable for any violation by a user of rights held by third parties and perpetrated as a result of the latter’s activities.
Article 10. Nullity and amendment of the contract
If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.
Article 11. Applicable law
All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
Article 12. Company details
OCEA SARL with a capital of 7622 €
5 allée Lakmé
R.C.S Bordeaux B 387 944 408