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, SIRET 387 944 408 000 54, represented by Mr. Yves PARLIER, in his capacity as manager, duly authorized for the purposes hereof, on the one hand,
And the natural or legal person purchasing products or services from the company, on the other hand.
It was set out and agreed as follows
Article 1. General provisions
The present General Terms and Conditions of Sale (GTS) apply to all sales of Products made by OCEA. OCEA reserves the possibility of modifying the present terms and conditions at any time by the publication of a new version. The GCS applicable then are those being in force at the date of the payment of the order. The Customer declares to have acquainted with all the present General Terms and Conditions of Sale, and if necessary with the Particular Terms and Conditions of Sale related to a product or a service, and to accept them without restriction or reserve. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs.
Article 2. Tariffs charged
The prices of the products sold by the company OCEA are indicated in Euros excluding taxes. They are also indicated in Euros all taxes included (VAT + other possible taxes), except specific shipping costs.
OCEA can modify its prices at any time but commits itself to apply the prices in force which will have been indicated at the time of the order, subject to availability at this date.
Article 3. VAT
Logically the 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 detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. OCEA undertakes to honour the Customer’s order within the limit of the available stocks of Products only. Failing this, OCEA will inform the Customer. This contractual information is presented in detail and in French language. In accordance with the French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified by the Company OCEA, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted only to the natural person signing the order.
Article 5. Methods of payment
Payment is due immediately upon ordering. The payment can be made :
– By bank check (made out to ‘OCEA’ only for holders of a bank account domiciled in France). The order will be treated only after reception of your check and after validation.
– By bank transfer. The order will be treated only after reception of your transfer and after validation.
Default of Payment :
OCEA can refuse to make a delivery or to honour an order emanating from a customer who would not have paid totally or partially a previous order or with whom a payment dispute would be in the course of 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 appropriate, of the cost of return”. “The time limit mentioned in the previous paragraph shall run from receipt in the case of goods or acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting OCEA.
In case of exercise of the right of retraction within the above-mentioned time limit, only the price of the purchased product(s) and the shipping costs will be refunded, the return costs remain at the expense of the Customer.
Products must be returned in their original state and complete (packaging, accessories, instructions, etc.) so that they can be re-sold 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 purchaser or exchanges the products apparently defective or not corresponding to the order carried out.
Article 8. Responsibilities
With respect to the products purchased, OCEA shall not be liable for any consequential damages hereunder, business interruption, loss of profit, damages or expenses, which may arise. The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial impossibility to use the products, in particular because of incompatibility of the equipment, cannot give rise to any compensation, refund or questioning of the responsibility of OCEA.
The legal guarantee does not apply to the repair of damages resulting from a cause external to the product (for example, accident, shock, lightning, current fluctuation…), or from a fault of the customer resulting for example from a use or an installation not conforming to the manufacturer’s specifications, a use harmful to the good conservation 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 unit (e.g. accident, shock, lightning, current fluctuation, etc.).
Article 9. Intellectual Property
All the products and contents proposed by OCEA (illustrations, texts, labels, trademarks, images, videos) are the property of OCEA. Any partial or total reproduction of the contents by any process and on any support is subject to prior and express authorization.
® Operating instructions for OCEA.
OCEA cannot give you permission to copy, display, or distribute any content for which you do not own the intellectual property rights. Any use of these contents in fraud of the rights held by third parties on these contents is constitutive of the offence of counterfeiting, severely sanctioned by the Intellectual Property Code. OCEA can in no case be held responsible for the violation by a user of rights held by third parties and perpetrated because of the latter’s activities.
Article 10. Nullity and modification of the contract
If one of the stipulations of this contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 11. Applicable right
All the clauses 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’s contact details
OCEA SARL with a capital of 7622 € 5 allée Lakmé
R.C.S Bordeaux B 387 944 408