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TERMS AND CONDITIONS OF USE (CGU)
OCEAU MARINE
LEGAL NOTICE
The BOUTIQUE.OCEAUMARINE.FR website is published and marketed by LE PORTE BONHEUR, SARL with share capital of 20,000 euros, located at HOLDIPARC RUE JEAN MONNET 60200 COMPIEGNE and registered with the Compiègne Trade and Companies Register under number 439 807 512.
Publication manager: Mme Océane L'Arvor
Administrative contact: Mme Océane L'Arvor
Host : OVH SAS
Telephone: 0365370030
Siret : 439 807 512 00033
VAT : FR30439807512
Hereinafter “LE PORTE BONHEUR
PURPOSE OF THE TERMS AND CONDITIONS
LE PORTE BONHEUR hereby informs the User of the nature of the Website and its managers, and the User undertakes to comply with the conditions of use of the Website as defined below.
DEFINITION
CGU: Refers to the General Conditions of Use governing the use of the Website.
Customer : Refers to the end customer who has placed an order with LE PORTE BONHEUR.
Content: Refers to data, databases, software, source codes, offers, texts, videos, photos, soundtracks, logos, design made available by LE PORTE BONHEUR and accessible via the Internet Sites oceaumarine.fr and boutique.oceaumarine.fr.
Website(s): Refers to the website designed, developed and operated by LE PORTE BONHEUR, whose url addresses are as follows: www.oceaumarine.fr
Services: Refers to all functionalities made available to Users for the use of Internet Sites.
Terminal: Refers to the computer from which the User accesses the Websites.
User: Refers to the natural person who consults the Website and benefits from the Services.
SITE ACCESS AND PREREQUISITES
The Websites are available at www.oceaumarine.fr and www.boutique.oceaumarine.fr from any Terminal with an up-to-date Internet browser such as Internet Explorer, FireFox, Google Chrome, Opera, although compatibility with all browsers and browser versions is not guaranteed by LE PORTE BONHEUR.
Computer equipment must be connected to a broadband Internet access service (ADSL, cable, fiber optic, 3G or 4G).
SITE DESCRIPTION
The Websites provide access to products or information about products marketed by LE PORTE BONHEUR.
Indeed, LE PORTE BONHEUR is a company with a dual activity:
- the manufacture of natural cosmetics,
- the resale of food supplements (seawater).
LIABILITY OF LE PORTE BONHEUR
LE PORTE BONHEUR may only be held liable in the event of fault on its part resulting in direct and proven damage to the User, who must demonstrate the causal link.
In any case, LE PORTE BONHEUR cannot be held responsible in the following cases:
Malfunctions or lack of coverage of the Internet network or cell phone networks such as 3G or 4G;
Malfunctions of the equipment on which the Website is consulted;
Loss of data;
Virus damage or software failure;
Interruption of Services for any length of time or for any reason whatsoever;
Deletion of Services;
Occurrence of a fortuitous event, force majeure or act of a third party;
USER OBLIGATIONS
The User undertakes to use the Internet Sites only within the strict framework of consulting information on OCEAU MARINE and to place an order for Products.
In general, the User expressly undertakes not to publish any content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good morals, infringing, prejudicial to public order or the rights of third parties, likely to prejudice the rights, reputation and image of LE PORTE BONHEUR and more generally, whose content would infringe the law and/or regulations, particularly of a penal nature.
By registering, Internet users guarantee to provide accurate and up-to-date information concerning their identity and contact details. In particular, he/she undertakes to provide an e-mail address of which he/she is the owner. LE PORTE BONHEUR reserves the right to refuse registration or to suspend or close an account if it has doubts about this information. The user agrees to immediately inform LE PORTE BONHEUR of any unauthorized use of his account and any breach of confidentiality and security of his means of identification by contacting contact@oceaumarine.fr.
Any usurpation of identity may give rise to criminal prosecution, in accordance with the provisions of article L.226-4-1 of the French Penal Code, which states that “The fact of usurping the identity of a third party or of making use of one or more data of any kind enabling him or her to be identified, with a view to disturbing his or her peace or that of others, or to prejudice his or her honor or consideration, is punishable by one year's imprisonment and a fine of €15,000. This offence is punishable by the same penalties when committed on an online public communication network”.
8. ASSISTANCE
LE PORTE BONHEUR offers a free assistance service accessible from the Websites.
The User must, however, create an Account in order to benefit from assistance by filling in the contact form and briefly explaining his or her problem.
9. OWNERSHIP - INTELLECTUAL PROPERTY
LE PORTE BONHEUR is the exclusive owner of the website and all its content, such as data, databases, software, source codes, offers, texts, videos, photos, soundtracks, logos and design.
This Content is protected by copyright, trademark rights, database producers' rights or any other intellectual property right recognized by current legislation.
Consequently, any copy, imitation, reproduction, representation, adaptation, alteration, modification or distribution, in whole or in part, of the Website Content, without prior authorization, is prohibited and may result in legal proceedings.
In particular, it is forbidden to use techniques enabling access to the source codes or to bypass the security systems of the Website.
Nevertheless, LE PORTE BONHEUR grants Users, on a non-exclusive basis, a right to use the Website and its Content strictly within the framework of normal use of the Services.
PERSONAL DATA
1. USERS' PERSONAL DATA
As part of the Services offered via the Website and in compliance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, LE PORTE BONHEUR may collect and record, for the purposes of the Services, the personal data of Users such as surnames, first names, addresses, telephone numbers, e-mail addresses, age, etc. when the professional data of legal entities (companies, associations, etc.) is not sufficient to identify the User.
In accordance with articles 39 et seq. of the French Data Protection Act no. 78-17 of January 6, 1978, amended in 2004, Users have the right to access personal data concerning them, to request that inaccurate, incomplete or out-of-date data be rectified, updated or deleted, and to object, subject to justification of a legitimate reason, to personal data concerning them being processed.
However, such opposition may make it impossible for LE PORTE BONHEUR to continue providing the Services if there is no other means of identifying the User.
All complaints should be sent to the Administrative Contact named in the Legal Notice.
2. COOKIES
In order to improve access to the Services, the User is informed and accepts that Cookies may be downloaded to his/her Terminal.
Cookies with the following functions do not require the User's prior consent:
shopping cart” cookies for a merchant site;
session identifier” cookies, for the duration of a session, or persistent cookies limited to a few hours in certain cases;
authentication cookies;
session cookies created by a multimedia player;
load balancing” session cookies;
certain audience measurement analysis solutions (“analytics”);
persistent user interface personalization cookies.
In all other cases, LE PORTE BONHEUR will obtain the User's consent via the Website prior to the use of said Cookies.
LINKS
The Site includes information provided by external companies or hypertext links to other sites that have not been developed by LE PORTE BONHEUR. The existence of links from the Site to other sites in no way constitutes validation of these sites or their content by LE PORTE BONHEUR. It is the responsibility of the Internet user to use this information with discernment and a critical mind. LE PORTE BONHEUR shall not be held liable for any information, opinions or recommendations expressed by third parties.
LE PORTE BONHEUR has no means of controlling these sites (and/or the products and services they offer) and these sources, and is not responsible for the availability of such external sites and sources, nor does it guarantee them.
LE PORTE BONHEUR is not responsible for the content of these sites or sources, and accepts no liability or guarantee in respect of their content.
Links are partly automatic and cannot all be checked by LE PORTE BONHEUR staff. If, however, the Site contains a link to an external page containing illegal content, LE PORTE BONHEUR will remove the link to this page, after having been duly informed of such content.
MODIFICATION OF THE GUS
LE PORTE BONHEUR reserves the right to modify, at any time and without prior notice, these GCU in order to adapt them to changes in the Website and/or Services.
GENERAL TERMS AND CONDITIONS OF SALE
BTOC
OCEAU MARINE
Version valid as of November 25, 2015
Legal information
The BOUTIQUE.OCEAUMARINE.FR website is published and marketed by LE PORTE BONHEUR, SARL with share capital of 20,000 euros, located at 2 rue Gustave Eiffel Cellule n°5 60800 Crépy en Valois and registered with the Compiègne Trade and Companies Register under number 439 807 512.
Director of publication: Mme Océane L'Arvor
Host : gandi
Contacts :
Administrative contact: Océane L'Arvor
Telephone: 0365370030
Technical contact: gandi
From 09h to 18h at contact@oceaumarine.fr
Hereinafter referred to as “OCEAU MARINE
Les présentes CGV ont pour objet de définir les termes et conditions dans lesquels les Clients pourront passer commande et se faire livrer les produits mise en vente par OCEAU MARINE via son Site Internet.
PURPOSE OF THESE TERMS AND CONDITIONS
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Customers may place orders and have delivered to them the products offered for sale by OCEAU MARINE via its Internet Site.
DEFINITIONS
Customer: refers to any non-professional consumer placing a binding order for one or more products via the Internet Site.
PersonalAccount: refers to the account created by the Customer and accessible via his/her Identifiers.
Contract: means the present General Terms and Conditions accepted by the Customer.
Cookies : The term cookies is to be taken in its broadest sense and covers all tracers deposited and/or read, for example, when consulting a Website, reading an e-mail, installing or using software or a mobile application.
Data : Refers to all data communicated, recorded and entered by the Customer at the time of registration and when using the Website.
Identifiers: User name + password.
Shopping Cart: Area of the Website in which the products selected by the Customer are listed.
Parties : Refers to both OCEAU MARINE and the Customer.
Products: refers to all products designed and manufactured by OCEAU MARINE, designed by OCEAU MARINE but manufactured by a third party, designed and manufactured by a third party.
User Name: designates the name or pseudonym used by the Customer to identify him/herself on the Web Site.
Website: Refers to the website at www.boutiques.oceaumarin.fr on which the Customer enters his Identifier and password to access his Personal Account and offers.
Offer(s): Refers to the product offers published on the Site, serving as the contractual basis for any order placed.
Terminal: Refers to the computer from which the Customer accesses the Website.
OFFER - ACCEPTANCE OF TERMS AND CONDITIONS
Product offers are displayed in real time on the Internet Site within the limits of available stocks, and the price is determined when the Customer chooses the product, which is reflected by adding the product to the “shopping basket”.
When an order requires OCEAU MARINE to issue a personalized quotation, this quotation remains valid for one (1) month without guaranteeing stock availability.
In the event of product unavailability after an order has become definitive, the order will be cancelled and the Customer will be informed.
Any order placed for one or more products implies unequivocal acceptance of the present terms and conditions before final validation of the order.
These GCS may be consulted and downloaded from the Site at any time. In the event of modification of the GTC, the version in force at the time of the Customer's order will remain accessible online.
Orders may be placed by telephone, e-mail or via the Website's e-commerce platform.
To place an order via the Website's e-commerce platform, the Customer must create a Customer Account in accordance with article 8 “Creating a Customer Account”.
From the Shopping Cart, the Customer will be able to place an order by clicking on the “PASSER COMMANDE” dialog box.
The customer can then fill in the information concerning him or herself and the delivery address. Once this has been done, the customer can click on the “NEXT STEP” dialog box to consult the summary of their order and information, and make any changes.
By clicking again on the “NEXT STEP” dialog box, the Customer will be able to choose a means of payment and, if necessary, enter his/her bank details or payment card information. The Customer must first accept the General Terms and Conditions. If the Customer does not accept the GCS prior to payment, he/she will not be able to continue with the transaction.
At this stage, the customer is informed of his right of withdrawal as set out in article 5 of these General Terms and Conditions. A downloadable withdrawal form is available on the Site.
The order becomes definitive, after validation of the General Terms and Conditions, when the customer clicks on the “VALIDATE” dialog box, entailing payment of the price.
All orders will be summarized by e-mail. The Customer's attention is expressly drawn to the need to check his e-mail address before any transaction.
The payment of the price implies the dispatch of the product(s) to the delivery address indicated.
No cancellation of an order that has become definitive, nor even a partial refund of the price, will be accepted after the order has been dispatched, subject to the right of withdrawal set out in article X of these terms and conditions.
ORDER MODIFICATION
Any order may be modified.
Modification means an upward or downward revision of the quantities of products ordered. Cancellation without replacement of all products ordered is equivalent to cancellation of the order, which cannot be made outside the withdrawal period stipulated in the present contract.
WITHDRAWAL PERIOD
From the final validation of the order, the Customer has a right of withdrawal of fourteen (14) days from the date of delivery of the product(s). If the products are delivered to a “point service”, the delivery date is the date on which the Customer receives the products.
To exercise his right of retraction, the Customer must complete the retraction form accessible from the website, or express his intention to exercise this right by letter written on plain paper, and return it by post to Holdiparc 2 rue Jean Monnet BP 20805 60200 compiègne, date as postmark
or by e-mail to: contact@oceaumarine.fr
or directly from the Website by filling in the online form.
In all cases, an acknowledgement of receipt will confirm receipt of the retraction request.
Products that have been opened and cannot be returned for reasons of hygiene or safety do not qualify for any right of withdrawal.
The return of products when the Customer exercises his right of withdrawal is at the Customer's expense. The Customer must return the products within fourteen (14) days of the date on which the withdrawal form is sent. The cost of returning the products is borne by the customer.
It is the Customer's responsibility to return the products in packaging conditions that ensure that they are sent in good condition.
IF THE RIGHT OF WITHDRAWAL IS EXERCISED IN ACCORDANCE WITH THE CGV, THE CUSTOMER IS ENTITLED TO A FULL REFUND OF THE PURCHASE PRICE OF THE PRODUCTS, INCLUDING DELIVERY COSTS, PROVIDED THAT THE PRODUCTS ARE RETURNED WITHIN THE AFOREMENTIONED FOURTEEN (14) DAY PERIOD.
The refund will be made to the Customer using the same means of payment as the one used at the time of purchase. The refund will be made within fourteen (14) days from the date of receipt by OCEAU MARINE of the returned products, as evidenced by the postmark or the date of delivery of the parcel by the carrier.
In the event of a dispute, the Customer must be able to provide proof that the products have been returned.
DELIVERY
OCEAU MARINE offers several delivery options that can be selected before confirming the order:
POST
CHRONOPOST
Point relais via So Colissimo or Mondial Relay
When a delivery option is not available, the customer will be informed at the time of order validation or after the order has been placed by any means.
No additional costs will be charged to the Customer in the event of a change to the delivery method specified in the order, except in the event that the newly chosen delivery method is more expensive. In this case, the Customer must first pay the difference.
The rates are as follows:
4.50€ for a colissimo point retrait offered from 69€ of purchase in Metropolitan France,
4.90€ for a colissimo without signature offered from 69€ of purchase in Metropolitan France,
5.90€ for a colissimo with signature offered from 89€ of purchase in Metropolitan France,
9.90€ for free chronopost from 119€ of purchase in Metropolitan France.
For Switzerland:
For all parcels under 2 kg = €14.88 plus VAT
For all parcels over 5 kg = €19.52 excl.
For parcels over 10 kg = €31.26 excl.
For other countries, shipping costs will be calculated on the basis of a quotation, according to the weight of the parcel.
DELIVERY TIME
For each product and depending on the delivery method chosen, a delivery deadline is indicated. Delivery times apply from the time the order is validated.
OCEAU MARINE undertakes to deliver products within the agreed delivery time.
If this delivery deadline is not respected, the consumer may cancel the purchase by registered letter with acknowledgement of receipt sent to the address given at the top of the GTCS.
In this case, the Customer will be reimbursed for all sums paid. This reimbursement will be made by the same means of payment used at the time of purchase. This refund will be made within 7 working days.
However, OCEAU MARINE will not be held responsible for any delay in delivery attributable to the Customer, for example in the case of incorrect information concerning the delivery address.
The fact that the Customer does not take receipt of the delivered products exonerates OCAU MARINE from its delivery obligations ? the date of presentation of the products by the carrier will be proof of the proper fulfilment of its obligations by OCEAU MARINE.
CREATING A CUSTOMER ACCOUNT
In order to place an order via the Website, the Customer must create an account, which involves the following steps:
1. Create a user name and password, constituting his Identifier.
2. Fill in the required Customer information accurately.
The Customer undertakes to fill in the information as completely as possible.
The Customer remains the sole manager of his/her Customer Account. He is solely responsible for the management of this Account and the use of his Identifiers.
OCEAU MARINE cannot be held responsible for the consequences of the use, fraudulent or otherwise, of the Customer and/or his/her Identifiers by a third party, or for the loss by the Customer of his/her Identifiers.
CONDITIONS OF USE OF THE WEBSITE
Technical requirements
The Website is accessible from any computer with an up-to-date Internet browser such as Internet Explorer, Firefox, Google Chrome, Opera, although compatibility with all browsers and browser versions is not guaranteed by OCEAU MARINE.
Account activation
After filling in the form fields when creating a Customer Account, the Customer will receive confirmation that his/her Account has been activated.
Access to the Website
When creating his Account, the Customer creates his Identifiers (a user name and a password) which give him access to his Account from any Terminal meeting the technical requirements of article 9.1.
Identifiers are personal and confidential, and may only be changed at the Customer's request or by the Customer's own action.
The Customer is responsible for the safekeeping and protection of his Login Information. OCEAU MARINE may in no case be held responsible for the loss or fraudulent use of its connection Identifiers.
In general, the Customer shall ensure the security of the terminals used to access the Website.
The Customer shall ensure that no hardware or software firewall or proxy blocks access to the Website.
The Customer Account is created for an indefinite period and may be closed under the conditions defined in the General Conditions of Use (GCU) accessible on the Website.
OCEAU MARINE reserves the right to suspend or close the account in the event of non-compliance by the Customer with these GTC.
Cookies
In order to improve access to the Website and the Customer experience, the Customer is informed and accepts that Cookies may be downloaded to his/her Terminal.
Cookies with the following functions do not require the Customer's prior consent:
Shopping cart” cookies for a merchant site;
session identifier” cookies, for the duration of a session, or persistent cookies limited to a few hours in certain cases;
authentication cookies ;
session cookies created by a multimedia player;
load balancing” session cookies;
certain audience measurement analysis solutions (“analytics”);
persistent user interface personalization cookies.
In all other cases, OCEAU MARINE will obtain the Customer's consent via the Website before using said Cookies.
CUSTOMER OBLIGATIONS
The Customer is bound by the obligation to pay the price accepted at the time of placing the order, which has become final.
The Customer acknowledges and warrants that he/she is contracting as a non-professional consumer.
INTELLECTUAL PROPERTY - LICENSE OF USE
OCEAU MARINE is the owner of all intellectual property rights relating to the Internet Site in all its functionalities and in particular to the source codes, graphic interfaces, brands, logos, multimedia content, databases, without this list being limitative.
The Customer is hereby granted a non-exclusive and non-transferable right to access and use the Website.
The license to the Website is granted for the sole and exclusive purpose of enabling the Customer to use the Website and place orders, to the exclusion of any other purpose.
PRICES
Final prices are inclusive of all taxes, including value-added tax (VAT), and delivery charges and any ancillary costs are specified separately.
The selection of a product by adding it to the basket is only a temporary preselection. As prices are determined in real time, the price only becomes definitive once the basket has been validated, before final confirmation and payment of the purchase.
Delivery charges will apply, except in the case of exceptional offers, and will be recapitulated before the final order is placed.
INVOICING - PAYMENT - DELAY PENALTIES
Whatever the order, the means of payment accepted are :
Cheque,
Bank Transfer,
SEPA Direct Debit,
Virtual Payment Terminal,
PayPal
The default billing address is the direct debit address provided by the Customer. Invoices
are only issued electronically or by download from the Customer Account.
HOSTING
The Website and all customer and personal data are hosted by gandi.
PERSONAL DATA
The Customer is required to provide OCEAU MARINE with personal information.
OCEAU MARINE guarantees the Customer that personal data collected on the Internet Site are and will remain strictly confidential and protected by law n° 78-17 of January 6, 1978 relating to information technology, files and freedom.
OCEAU MARINE guarantees in particular that the server processing and storing the Customer's personal data benefits from security measures designed to prevent any third party from accessing this data.
In accordance with articles 39 and following of law n° 78-17 of January 6th 1978 modified in 2004 relating to data processing, files and liberties, any person may obtain communication and, if necessary, rectification or deletion of information concerning him/her, by contacting the Administrative Contact named in the Legal Notice.
The Customer is nevertheless informed that the inaccuracy or deletion of certain Personal Data may render the Website unusable in whole or in part, or make it impossible to place or deliver an order.
Purpose
The purpose of the collection and processing of personal data by OCEAU MARINE within the framework of the present GTC, in particular when creating a Customer Account, is the proper operation of the Website, the management and processing of orders, and the communication of information relating to OCEAU MARINE products and offers.
These processing operations have been declared to the CNIL under the number _____
ASSISTANCE
OCEAU MARINE offers a free assistance service accessible from the Website, by telephone or by e-mail.
LIMITATION OF LIABILITY - FORCE MAJEURE
OCEAU MARINE may only be held liable in the event of proven personal fault and may under no circumstances be held liable in the event of Force Majeure, fortuitous event or act of a third party. Force Majeure is defined as any event unforeseeable at the time of the formation of the Contract, and which the parties were unable to avoid or overcome at the time of its occurrence, rendering total or partial performance of the obligations under the Contract impossible.
OCEAU MARINE has taken out an insurance policy to cover its liability in the cases provided for under the legal provisions.
WARRANTIES
Warranty coverage
The Customer is informed that OCEAU MARINE is liable for defects in conformity (Art. L.211-4 et seq. of the French Consumer Code) and for hidden defects (Art. 1641 et seq. of the French Civil Code).
Conformity warranty
Article L.211-4 of the French Consumer Code stipulates that the seller is obliged to deliver goods in conformity with the contract and is responsible for any conformity defects existing at the time of delivery.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.
Article L.211-5 of the French Consumer Code stipulates that to be in conformity with the contract, the goods must:
1° Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect having regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
WARRANTY AGAINST HIDDEN DEFECTS
OCEAU MARINE warrants its products against hidden defects in accordance with article 1641 of the French Civil Code, as set out below:
Art 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which impair that purpose to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he or she been aware of them.
Exclusion of warranty
Product used not in accordance with the instructions for use;
Product modified or altered by the Customer;
Product mixed with a substance not supplied by OCEAU MARINE;
Product used beyond the use-by dates indicated on the product;
Product stored in conditions not in accordance with OCEAU MARINE recommendations.
Furthermore, the Customer acknowledges and accepts that OCEAU MARINE products are cosmetic products and not medicines within the meaning of the law.
A cosmetic product is defined by the ANSM (Agence Nationale de Sécurité du Médicament et du produit de santé) as "a substance or mixture intended to be placed in contact with the various superficial parts of the human body (epidermis, hair and capillary systems, nails, lips and external genitalia) or with the teeth and oral mucosa, with a view, exclusively or principally, to cleaning them, perfuming them, modifying their appearance, protecting them, maintaining them in good condition or correcting body odors. "
LEGAL INFORMATION
Pursuant to Article 3 of the Order of December 18, 2014 relating to the information contained in the general terms and conditions of sale with regard to the legal warranty, it is specified that the Customer:
- benefits from a period of two years from delivery of the good to take action;
- may choose between repair or replacement of the good, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
Furthermore, it is specified that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Finally, it is reminded that the Customer may decide to invoke the warranty against hidden defects of the item sold within the meaning of article 1641 of the French Civil Code, and that in this case he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
TERMINATION OF THE CONTRACT - RESOLUTION
The contract will also be terminated to the detriment of the Customer in the event of total or partial non-payment of the order or in the event of an error in the delivery address.
Termination of the contract releases OCEAU MARINE from its delivery obligation.
Nevertheless, whatever the cause of the definitive failure to deliver, the Customer will obtain reimbursement of the sums paid or cancellation of the corresponding invoice.
MISCELLANEOUS PROVISIONS
In the event that one or more clauses should be declared null and void by a court decision or should prove impossible to implement, the validity of the remaining provisions shall not be affected.
The headings and sub-headings appearing in this GCS Contract are included for convenience only. By express agreement between the parties, these headings and sub-headings may in no case be used to interpret any provision whatsoever of this Agreement.
The failure of any party to insist upon or acquiesce in the performance of any provision of this Agreement, either temporarily or permanently, shall not be construed as a waiver by such party of any of its rights hereunder. The fact that a party tolerates non-performance or imperfect performance of the contract, or more generally tolerates any act, abstention or omission of the other party which does not comply with the provisions of this contract, shall not confer any right whatsoever on the party benefiting from such tolerance.
COMPLAINTS
The Customer may submit any complaint to OCEAU MARINE by filling in the contact form accessible from the Internet Site at the URL address: boutique.oceaumarine.fr/contact, or by sending it to the postal or e-mail address indicated in the legal notice.
ORDER ARCHIVING
The Customer's order is electronically archived for a legal minimum of five (5) years in the case of a contract concluded by electronic means, and for an indefinite period beyond that.
LANGUAGE OF CONTRACT
The GCS are written in French. In the event of uncertainty between the French version and a translation of these GCS, the French version shall prevail.
APPLICABLE LAW
All stipulations of this contract shall be governed by French law, regardless of the country in which the order was placed or the country of delivery.
JURISDICTION - DISPUTE RESOLUTION
In the event of a dispute relating to the validity, interpretation and performance of the Contract, the Parties undertake to seek an amicable solution in good faith before initiating any legal action.
Should the Parties fail to reach an amicable solution, the dispute will be submitted to the competent court.
In application of article L.141-5 of the French Consumer Code, the Customer may choose to bring the matter before :
ONE OF THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE CODE OF CIVIL PROCEDURE (COURT OF THE DEFENDANT'S DOMICILE OR REGISTERED OFFICE, COURT OF THE PLACE OF ACTUAL DELIVERY OF THE GOODS OR PLACE OF PERFORMANCE OF THE SERVICE)
OR THE COURT OF THE PLACE WHERE HE RESIDED AT THE TIME OF THE CONCLUSION OF THE CONTRACT OR THE OCCURRENCE OF THE H3 DAMAGE.
WHAT IS A COOKIE?
A cookie does not allow you to be identified. It is a computer file stored on the hard disk of the user's computer. Its purpose is to indicate a previous visit by the user to the site.
OCEAU MARINE AND COOKIES
Oceau Marine may collect information by implanting a cookie in your computer from the site or to count clicks on elements that Oceau Marine sends you (newsletter, advertisements). Oceau Marine thus memorizes your choices and connection or identification information during your visit to an online service.
The cookies that Oceau Marine issues from the site, such as
TO COMPILE STATISTICS AND VOLUMES CONCERNING VISITS TO AND USE OF THE VARIOUS ELEMENTS MAKING UP OUR SITE OCEAUMARINE.FR AND ESHOP.OCEAUMARINE.FR (ROUTES TAKEN, CONTENT VISITED). THIS ENABLES OCEAU MARINE TO IMPROVE THE INTEREST AND ERGONOMICS OF THE SERVICES OFFERED TO YOU.
To adapt the presentation of our site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our Site, according to the hardware and software for viewing or reading that your terminal has.
To offer you tailored, targeted services and navigation.
To count clicks on an element of an online service.
YOUR SETTINGS CONCERNING COOKIES
You have several options for managing cookies. Please be aware that any settings you make may affect your browsing experience and your access to certain services requiring the use of cookies.
You can choose at any time to express and modify your wishes with regard to cookies, by the means below:
You can choose to save or delete cookies either systematically or according to the sender.
You can configure your browser so that you are prompted to accept or reject cookies before a cookie is stored on your terminal.
COOKIES AGREEMENT
Any cookie stored on a terminal is subject to the user's consent, which can be modified at any time and free of charge by the user's browser software.
If you accept the storage of cookies on your terminal, the cookies integrated into the pages and content you have consulted may be stored temporarily in a dedicated space on your terminal. They will be readable only by their sender.
REFUSAL OF COOKIES
If you refuse to store cookies on your terminal, or if you delete the cookies stored on your terminal, you will no longer be able to benefit from a certain number of functionalities which are nevertheless necessary for proper navigation in certain areas of our site oceaumarine.fr or eshop.oceaumarine.fr
This will be the case if you attempt to access our content or services which require you to be identified.
Such will be the case for the memorization of information relating to a form that you have filled in on our site oceaumarine.fr and eshop.oceaumarine.fr (registration or access to your account) or to products, services or information that you have chosen on our eshop site. oceaumarine.fr (contents of an order basket, etc.)
To enable you to access reserved and personal areas of our eshop.oceaumarine.fr site, such as your account, using identifiers or data you may have previously entrusted to us.
To implement security measures for you, for example when you are asked to reconnect to content or a service after a certain period of time.COOKIES ÉMIS DANS DES ESPACES PUBLICITAIRES SUR D’AUTRES SITES
Oceau Marine may purchase advertising space in order to promote its products, by means of advertising content broadcast on third-party sites or applications, which may contain a cookie. Subject to your choice of terminal settings, which you may revise at any time, this cookie may be stored in your terminal in order to:
count the number of displays and activations of our advertising content distributed on third-party sites or applications,
identify this content and these sites or applications,
determine the number of users who have clicked on each content;
compile statistics.
HOW TO EXERCISE YOUR CHOICES DEPENDING ON THE BROWSER YOU USE?
Cookies are configured differently depending on the browser you use. Each browser offers help for managing your choices:
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html
Oceau Marine also informs you that you may refuse to accept cookies by configuring your browser as follows:
For Microsoft Internet Explorer 6.0 and above: Select the ‘Tools’ menu, then ‘Internet Options’, Click on the ‘Confidentiality’ tab, Select the desired level using the cursor.
For Safari: In the Safari menu, choose ‘Preferences’, ‘Security’ and select the options you require.
For Google Chrome: Choose the Chrome menu in the browser toolbar, select Settings then click on ‘Show advanced settings’, in the “Privacy” section, click on the ‘Content settings’ button, then in the ‘Cookies’ section you can select the options that suit you.
For Mozilla Firefox: Select the ‘Tools’ menu, then “Options”, click on the “Privacy” icon, locate the ‘Cookie’ menu and select the options that suit you.
For Opera 6.0 and above: Choose the ‘File’ menu, “Preferences”, ‘Privacy’ and select your preferred options.
Loyalty points
From the moment you register on our website, you benefit from our loyalty programme. Here's how the points are distributed:
- Each euro spent (excluding postage) earns 1 point,
- Subscribing to the newsletter earns 5 points,
- On the anniversary date if entered you earn 3 points,
- For each product review given on verified reviews you earn 5 points,
Obtaining a discount voucher :
=> As soon as you have accumulated 150 points, you will be entitled to a 10% discount in the form of a voucher. Promotional code valid for 2 months from the date provided
=> If your first points are not used, you continue to accumulate points. Once you have accumulated 300 points, you will be entitled to a 20% discount in the form of a voucher. Promotional code valid for 2 months from the date provided.
Discounts are valid excluding sales.
These vouchers are automatically sent to you by e-mail
APPENDIX
WITHDRAWAL FORM
For the attention of ............................................... [I/We (*) hereby
notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of the following services (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date:
(*) Delete as appropriate.
Send this letter by registered post with acknowledgement of receipt.
Oceau Marine
Copyright 2015 ®
