This page was automaticaly translated from French by Google Translate. Original page is avaible here :
https://oceansfishing.com/?page_id=671
These general conditions of sale apply between:
OCEANING SASU
2 avenue Noblens
44380 Pornichet
France
Email: contact@oceansfishing.com
Registered in France with the RCS of Saint Nazaire under the number 841 227 515 – Company subject to the VAT regime
Editor of the site www.oceansfishing.com (Administrator Kévin Maingault, Host: OVH)
Hereafter “Oceansfishing”
The company Oceaning SASU responsible for the sales of articles of the brand Oceansfishing
Hereinafter the “Customer”
Any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity visiting or making a purchase via the website www.oceansfishing.com
Our GTC (general conditions of sale) aim to define the terms of distance selling via the internet between Oceansfishing and the Customer, from the order to payment and delivery thereof. Our T&Cs establish all the necessary steps between placing an order and ensure the follow-up of this order between the contracting parties.
By validating his order, the Customer acknowledges having read, fully understood and accepted the general conditions of sale of Oceansfishing. These general conditions of sale may be subject to modifications, the applicable conditions are those in force on www.oceansfishing.com on the date the order is placed by the customer.
The Client declares:
– have the capacity to conclude and comply with this contract (have legal majority and not be under guardianship or curatorship)
– not purchase OceansFishing products with a view to reselling them for their own account without prior agreement.
Preamble
These General Terms and Conditions of Sale apply exclusively between SAS OCEANING and any person visiting or making a purchase on the www.oceansfishing.com website.
These General Conditions of Sale may be subject to modifications, the applicable conditions are those in force on the site on the date of placing the order.
You declare that you have read and accepted these General Conditions of Sale before placing your order.
Article 1: Order
On the internet: www.oceansfishing.com
You declare that you are at least 18 years old and have the legal capacity to place an order on the internet.
After placing an order, we send you a confirmation email. This email constitutes our acceptance of your order and thus forms the contract between you and us.
We then inform of the dispatch of your product(s).
However, you have the option of modifying your order up to the date it is sent.
Article 2: Price and availability
The prices displayed on the site are indicated in euros all French taxes included (French VAT) VAT applicable. We inform you of the availability of the products sold on the site on the information page of each product. If, despite our vigilance, the items are unavailable, we will notify you by email. The www.oceansfishing.com shop undertakes to ship orders placed on this site within 48 to 72 working hours after the goods have been prepared. Some references have a delivery time of up to 10 days after preparation.
If this is not possible (out of stock or other), the customer will be notified of the new deadline by email or telephone.
In the case of an order for multiple products, not necessarily allowing a grouped shipment, www.oceansfishing.com then
reserves the right to split shipments.
Article 3: Delivery/shipping
The products are delivered to the delivery address that you indicate to us when ordering. The times indicated correspond to the usual shipping processing time, to which is then added the delivery time. We have chosen to deliver the COLISSIMO service of LA POSTE as well as private carriers, for the care taken with the packages during transport and the seriousness of these organizations.
Shipping costs are scalable and different for orders placed from DOM TOM and European countries. Finally, orders to international countries are subject to specific processing.
In the event of a large order www.oceansfishing.com, some manufacturers can send the packages directly to your home without passing through our depot in order to save time in delivery times. Deliveries are then processed by DHL, Chronopost, TNT and/or Exapaq or another professional carrier.
Delivery times differ depending on the references ordered, available stock and the distance and accessibility of the delivery address. Delivery will be made within an average of 2 to 15 days (working days) from the validation of the order, depending on the brand chosen and at most within 30 days from receipt of the order. As an indication, parcels sent in follow-up often arrive within 48 to 36 hours (after sending), insofar as the Post Office does not encounter any internal organizational or logistical problems. These times can sometimes be reduced to 24 hours (after sending) if you live in a big city or in the near suburbs. For customers who live in a remote area (countryside, mountain etc.) these times may be longer. We would like to point out that we cannot be held responsible for the consequences due to a delay in delivery. In the case of payment by check, the order will be processed upon receipt of the check. Consequently, the applicable deadlines are those on the day of receipt of the check.
We would like to point out that we cannot be held responsible for the consequences due to a delay in delivery. In the case of payment by check, the order will be processed upon receipt of the check. Consequently, the applicable deadlines are those on the day of receipt of the check.
Delivery disputes
– Colissimo delay: In the event of a delay in the delivery of the package by Colissimo, an investigation is opened. Once initiated, the Colissimo investigation can last up to 21 days (45 days for exports and DOM-TOM)
If during this period, the package is found, it will be re-routed immediately to your home (most cases). On the other hand, if the package remains untraceable at the end of the investigation period, Colissimo considers it lost. In this case, you must send by post a handwritten sworn statement stating that you have not received your package accompanied by a photocopy of your identity to this address:
OCEANING SAS
2 avenue Noblens
44380 Pornichet
As soon as La Poste confirms its responsibility for the loss of your package with our services, we will send you a replacement package, at our expense. If the product(s) ordered become unavailable, we will refund the amount of the products concerned.
www.oceansfishing.com, undertakes to take charge of the management of the dispute on behalf of its client.
– Colissimo service: Upon receipt, if you notice that your package shows signs of deterioration, we advise you to refuse it, it will then be returned to us directly. Please inform customer service at the following email address: contact@oceansfishing.com, indicating your order number and your name. In the event of non-apparent damage observed after unpacking the box, we ask that you contact our customer service by email: contact@oceansfishing.com (recommended solution). We will then contact the service provider.
– Delivery service by a service provider: As part of a delivery by our specialized carrier, we
advise you to carefully check the condition of the goods in the presence of the driver.
IMPORTANT: The mention “subject to unpacking” has no legal value and does not cover you in any way in the event of
damage observed after unpacking your package. Thus, any item whose damage has not been explicitly and precisely noted on the delivery note cannot be taken back by www.oceansfishing.com.
Article 4: Payment
You can make your payments by credit card or bank transfer.
Article 5: Securing information and payments
Payments are made with PayPal or the Crédit Agricole e-transaction service, which secures transactions and guarantees the confidentiality of your financial information.
We are committed to protecting your personal data. All personal data concerning you that we have collected is treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.
Article 6: Withdrawal
You have a right of withdrawal of fourteen (14) days provided for by law (article L221-18 of the consumer code) to return the items to us without having to justify a reason. However, the merchandise must be returned in its original undamaged packaging. If applicable, the return costs may be at your expense and we will refund the item(s) within fourteen (14) days of receipt (article L-221-24 of the consumer code) . You can exercise this right on all items purchased, returned in their original packaging and unused, except for electrical appliances and items when they have been unsealed.
The address to which you must return is: Oceaning SAS 2 avenue Noblens 44380 Pornichet
Article 7: Reimbursement
Reimbursement of products (excluding shipping costs) in the case referred to in Article 8 is made within 14 days from the date of receipt of the product. It is made by check made out to the customer and sent to the billing address or by bank transfer.
Article 8: Retention of title
The delivered goods remain our property until full payment.
Article 9: Guarantees and responsibilities
Free manufacturer’s commercial warranty: some manufacturers or suppliers grant a free warranty, in particular on so-called technical products. The duration and scope of the warranty vary by product and manufacturer. The existence and duration of this guarantee is indicated on the product description sheets. The terms of this warranty are attached to the product in question. All products for sale on the website benefit from the legal guarantee of conformity (L211-1 and following of the consumer code) and the guarantee against hidden defects (articles 1641 and following of the civil code), allowing you to return defective or non-compliant Products delivered. You are informed that the company Oceaning SASU, whose head office is 2 avenue Noblens 44380 Pornichet,
As part of the Legal Guarantee of Conformity:
– You have a period of two years from delivery of the goods to act,
– You can choose between repairing or replacing the goods, subject to the cost conditions provided by article L.211-9 of the consumer code,
– You are exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. 24 months, except for second-hand goods (6 months).
The legal guarantee of conformity applies independently of any commercial guarantee granted. In addition, you can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Reproduction of Articles L. 211-4, L. 211-5, L. 211-12 and L. 2011-16 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code , in accordance with Article L. 211-15 of the Consumer Code:
– Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
– Article L211-5 of the Consumer Code: To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling 2) Or present the characteristics defined by mutual agreement by parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
– Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
– Article L211-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
– Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them.
– Article 1648 al 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
For any incident encountered with the transport provider (damaged package, not received, lost, disputed delivery) a certificate of non-detention must be completed for the processing of your complaint. In case of non-delivery, you must report to our company. In the event of non-substantial differences between the presentation photos of the articles on our site, texts and illustrations, and the articles ordered, our responsibility will not be engaged. We implement all the means at our disposal to ensure the services covered by these general conditions of sale. We are responsible for any direct and foreseeable damage at the time of the use of the Site or the conclusion of the sales contract between us and you. Under no circumstances will we incur any liability for commercial losses, profits, data or loss of earnings or any other indirect damage or which was not foreseeable at the time of the use of the site or the conclusion of the contract of sale between us and you. The limitation of liability referred to above is inapplicable in the event of fraud or gross negligence on our part, in the event of bodily injury or liability for defective products.
Our customer service is at your disposal by sending an email to contact@oceansfishing.com
Article 10: Intellectual property
All texts, comments, titles, names, trademarks, works, illustrations and images, blogs are protected by copyright and intellectual property and are therefore subject to French and international legislation on copyright and Intellectual property. As such and in accordance with the Intellectual Property Code, any full or partial reproduction made without the consent of the author and the publisher is illegal and constitutes an infringement punishable by articles 425 and following of the Penal Code. The same applies to translation, adaptation, modification, arrangement or reproduction by any art or process whatsoever.
Once the work is distributed, copies or reproductions are strictly reserved for private, restricted family use. Any dissemination through the press or any other means of media communication targeting a public is prohibited and liable to criminal prosecution.
Article 11: Applicable law and mediation
The T&Cs and more generally the contractual relationship between www.oceansfishing.com and its customers are subject to French law. In the absence of prior amicable settlement between www.oceansfishing.com and its customers, the disputes relating to their contractual relationship or to the GCS will be subject to the exclusive jurisdiction of the French courts with sole jurisdiction.
The consumer mediation process can only be implemented on the initiative of the consumer (the professional cannot initiate it).
However, the consumer can only seize the mediator on the condition of having first made an approach in writing directly to the professional concerned or his customer service to try to resolve his dispute. If this step is not taken, the mediation process will be inadmissible.
Applicable law:
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Complaint handling:
For any complaint, you can contact customer service at OCEANING SAS 2 avenue Noblens 44380 Pornichet, France
Our company adheres to the Code of Ethics of the Fevad (Federation of e-commerce and distance selling).
Article 12: Personal information
This website is owned and managed by: Oceaning SAS, whose head office is 2 avenue Noblens 44380 Pornichet, France
The company is registered with the RCS of Saint-Nazaire under the number: 841 227 515 – Company subject to the VAT regime: contact@ oceansfishing.com
Article 13: Justification and fight against fraud
As part of our fight against fraud and to ensure the smooth delivery of packages, we can carry out various automatic checks on the elements provided, such as billing, delivery and bank details. To validate your order and be able to ship it as soon as possible, we may ask you for proof of address and a copy of your identity document.
Article 14: Photos and illustrations of the site
The photos presented on this site are photos of the products for sale. However, for the sake of technical improvement of manufacturing, these same photos cannot be contractual, the purchase must be triggered by the description and characteristics of the product.