TERMS AND CONDITIONS
Article 1. Scope and Acceptance of the Terms and Conditions
The present terms and conditions (“T&C”) shall apply to any sale of products realized through the website http://o-deep.com (“Site”) between OCEAN FRESH WATER FRANCE, registered under the laws of France, under the number 831 175 591 and domiciled 2188 Route de l’Almanarre 83400 Hyères, France (“Seller”), and the professional Buyer as defined by the Article L. 441-4 du Code de commerce, acting only for professional purposes (“Buyer”). Any order constitutes acceptance of these T&C in full and rejection of the Buyer’s own terms and conditions.
All documents and information communicated by the Seller, or by a duly authorized third party, to the Buyer at any time during the business relationship are confidential and remain the exclusive property of the Seller and the Buyer undertakes to keep them confidential and to return them to the Seller at its request.
The Seller reserves the right to modify these T&C at any time by communicating to the Buyer a new version which will cancel and replace the previous version. The T&C applicable to the Buyer’s order shall be those in force on the date of the order.
Article 2. Products and prices
The product intended for sale under the brand HydrÔ is a hydro-alcoholic solution whose composition and placing on the market is authorized and specified by the Arrêté of 13 March 2020 authorizing by derogation the temporary placing on the market and use of a certain hydro-alcoholic products used as disinfectant biocides for human hygiene in its latest in force.
The price of the products is accessible on the Site, in euros and excluding taxes and transport costs.
Prices may be modified by the Seller at any time by posting them on the Site. The prices invoiced will be those in force on the day the Buyer’s order is taken. Quantity discounts may apply to the Buyer’s order.
Article 3. Ordering and use of the Site
The order is formed on the date of its receipt by the Seller. The reception of the order is materialized by the sending of an e-mail to the Buyer. The request to modify the order must be written and made within forty-eight (48) hours after the validation of the order and the Vendor may refuse it subject to justification. If the price of the order increases, the requested modification is only recorded after receipt of the Buyer’s written agreement to proceed with the modification of the order. The Buyer accepts that changes to its order may cause delays in delivery and that the Seller is not responsible nor liable for this.
Any Buyer who wishes to cancel its order must do so by registered letter with acknowledgement or receipt within seventy-two (72) hours of the initial order being taken The Seller reserves the right to refuse it subject to justification.
In order to place its order through the Site, the Buyer shall fill in the online sales form with the information relating to its order, the information required for delivery and the information required for payment of the order. An e-mail confirming receipt of the order will be sent to the Buyer at the e-mail address provided.
Article 4. Terms of payment
Payment is made by bank transfer to the account of Ocean Fresh Water France S.A.S.U., or by PayPal. Under no circumstances does early payment give right to a discount. An email containing the invoice and order information is sent to the Buyer at the time or the order validation. The order is validated when the full payment of the products is validated by the Seller.
In the event of non-payment on the due date, late payment penalties will be added, the rate of which is equal to the interest rate applied by the European Central Bank increased by ten (10) points in accordance with Article L. 441-10 of the French Commercial Code. In addition, an indemnity for collection costs of forty (40) euros may be added in accordance with Article D. 441-5 of the French Commercial Code. The Seller may also cancel the sale and repossess the products, without prejudice to any recourse it may have against the Buyer.
Article 5. Delivery and removal
The delays indicated by the Seller are not contractual and do not constitute any guarantee. Any delivery delay shall not engage the Seller’s liability nor entitled the Buyer to a price reduction, damages, penalties or cancellation of the sale. The Buyer shall provide the Seller with correct information regarding the place, date and time of the delivery. The Seller shall not be held liable for delay due to incorrect delivery information and may charge any costs resulting therefrom.
The Seller is entitled to make global or partial deliveries. A partial delivery shall be considered as a complete operation and gives right to a proportional payment that the Seller shall request with an invoice. The absence of reservations on the shipping documents and on the delivery note presumes the conformity of the products. Unloading is carried out by the carrier at the place indicated by the Buyer (“franco” unloaded transport). The Buyer bears the risk of transport and unloading and is not released from payment of the price because of any damage but benefits from the Seller’s recourse against the carrier and must notify any dispute with the carrier to the Seller within forty-eight (48) hours after receipt of the products and provide proof of the damage to the products.
Upon receipt of the removal order, the Buyer has forty-eight (48) hours to remove the products and must notify the Seller of the date and time of removal, the name of the carrier and prove the identity of the driver (i.e. identity card). The loading and unloading of the products are carried out by the carrier (“franco” unloaded transport). The Seller shall not be held liable for any defects in the products occurring after the Buyer has taken delivery of the products, which may result, in particular, from poor storage conditions.
Article 6. Transfer of risk
The transfer of risks corresponds to the individualization of the products, as soon as they are taken over by the carrier. The products travel at the Buyer’s risk and peril, whether the transport is handled by the Buyer or the Seller and whatever the mode is.
Article 7. Guarantee and liability
In case of non-conformity or defects of the products existing before delivery, the Buyer, at the discretion of the Seller, shall obtain their replacement at no charge or a refund of the product’s full price. The reclamation shall be made by writing within ten (10) days after the delivery of the products. The Buyer shall act against the carrier and prove that the defect or the non-conformity existed before the delivery. The Seller has the right to directly or indirectly examine the product and to refuse the guarantee. The Buyer shall bear the risks and costs of returning the products. This warranty shall not apply to apparent defects or anomalies resulting from the Buyer’s errors, including but not limited to errors in storage, handling, processing, use, intervention by third parties, etc.
Limitation of liability
The Seller shall not be held liable for damages of any nature whatsoever that may arise from the sale of the products, the improper performance of the contract of sale by the Buyer or the unforeseeable and insurmountable fact of a third party to the contract.
Neither party shall be in breach of contract for any improper performance, delay in performance or partial performance due to a case of force majeure. If one of the parties encounters a case of force majeure which could prevent the performance of its obligation, it shall inform the other party, within a reasonable time, of the nature of the events and their consequences on its ability to perform its obligations.
Article 8. Retention of title
The products remain the property of the Seller until full payment of the price, in principal and accessory. The reservation of ownership relates to the products or their price it they have been resold.
Article 9. Intellectual Property
The trademarks, logos, designs, models, trade names, products, software, images, videos, patents, know-how and any other information or realization protected by intellectual property rights that the Seller communicates to the Buyer (hereinafter “Intellectual Property”) remain the Seller’s exclusive property. The Seller grants to the Buyer the right to use its Intellectual Property only after the Seller has expressly and in writing validated each use.
The Buyer acknowledges that all elements of any kind whatsoever that constitute the Site are the property of the Seller and are protected by intellectual property rights. The Seller grants the Buyer a simple right to use the Site, non-exclusive and in accordance with its purpose.
Article 10. Processing of Data
The Seller is responsible for processing the data (as set out in Article 3) that are collected when the order is placed. These data are necessary for the Seller to carry out the order and their processing complies with Article 6.1 of Regulation (EU) 2016/679 of 27 April 2016 (hereinafter “General Data Protection Regulation”).
The data collected is used for the time necessary for the execution and completion of the order placed by the Buyer and is then automatically deleted three (3) years after its last use.
In accordance with the General Data Protection Regulation and with law n°78-17 of January 6, 1978 relating to data processing, files and liberties, the Buyer may request access to his personal data as well as their correction, the limitation of their processing, their portability and may oppose their processing by the Vendor by contacting him or by sending an email to the address: firstname.lastname@example.org.
Article 11. Severability
If and to the extent that any of the provisions of these T&C is disallowed or found to be ineffective, invalid, unlawful or unenforceable by a court or regulator of competent jurisdiction, the remaining provisions shall continue to be valid and applicable to the fullest extent permitted by law.
Article 12. Governing law and dispute settlment
These T&C shall be governed and construed in accordance with laws of France. Any dispute, controversy or claim arising out of or in relation with these T&C shall be finally settled by the competent court of the Seller’s place of registration.
Article 13. Language
These T&C are an English version of the original T&C which are in French. Only the French version is authentic and shall be referred to in case of any dispute.
Article 14. Contact
Any queries regarding orders, contracts or these T&C should be addressed by e-mail to the following address: email@example.com or by postal mail to OCEAN FRESH WATER FRANCE S.A.S.U., BP 50130 83404 or by phone at +33 800 730 057.