A Revolutionary Offshore Seafarm Concept
GENERAL TERMS AND CONDITIONS OF SALE
Last update: 12.01.2016
Article 1: Preamble
These General Conditions of Sale are governed by Articles 1369-1 et seq. of the French Civil Code and by the French Consumer Code.
The purpose of these General Conditions of Sale is to define the rights and obligations of SAS OCEAN PHOENIX and purchasers. They apply, without restriction or reservation, to purchases made by consumers and non-professionals on the following website of SAS OCEAN PHOENIX: www.OceanPhoenixProject.com (hereinafter referred to as "the Site").
These General Conditions of Sale cancel and replace all previous General Conditions of Sale. They take precedence over any other document, such as leaflets and catalogues.
SAS OCEAN PHOENIX reserves the right to adapt or amend these General Conditions of Sale at any time. In the event of amendment, only the General Conditions of Sale in effect on the day of the order will be applied.
As regards online sales, the customer acknowledges having read and accepted these General Conditions of Sale when placing an order for an item and possesses at all times the right to save a physical edition of these Terms and Conditions by printing or downloading them through the Site functions provided for that purpose.
Article 2: Identification of the vendor
Sales subject to these general conditions are made by SAS OCEAN PHOENIX, a French commercial enterprise, registered in the Nice Trade and Companies Register under number 815 107 552, SIRET (French business registration) number 815 107 552 00011, VAT No.: FR 04 815107552, whose registered office is located at: 455 Promenade des Anglais, Porte de l’Arenas, Hall C – CS 13326, Nice 06206 Cedex 3 – France.
Telephone: +33 612 179 403 – Fax +33 489 830 112
Article 3: Ordering
Article 3.1: Capacity of the purchasers
Only persons legally capable of entering into contracts concerning the items offered by SAS OCEAN PHOENIX on the Site may place an order. When placing the order, you must have full legal capacity to sign up to these General Conditions of Sale.
When paying by debit or credit card, you state that you are fully authorized to use said card.
Article 3.2: Placing the order
The list of items SAS OCEAN PHOENIX offers through distance selling can be viewed on the Site.
Any order placed on the Site implies that the purchaser accepts fully and unreservedly these General Conditions of Sale. The main stages of your order are described below.
To place an online order, you must fill in each field so as to ensure proper identification. In accordance with the applicable legal provisions, each product description details the basic characteristics of the product and its VAT-inclusive pricing.
In accordance with the applicable legal provisions, you may review your order and a summary detailing that order. This summary will reiterate the basic characteristics of the selected products and their price. You retain the possibility of amending or canceling your selection at this stage.
Finalization of the order entails payment of the totality of the product's price, except for those products which demand a non-refundable deposit followed by transfer of the remainder of the sum. To continue and finalize the order, you will need to click on the 'Submit Order' button.
Before final validation and payment of your order, you will also be asked to confirm that you have read these General Conditions of Sale and accept them in their entirety.
By accepting the General Conditions of Sale, you acknowledge that you have received all necessary information prior to confirmation of your purchase.
After receiving confirmation of the content of your order and notification that by validating your order you have agreed to pay the amount, you will need to choose from the various payment options offered by SAS OCEAN PHOENIX in order to proceed with payment.
Article 3.3: Order confirmation
Once your order is validated, a confirmation email will be sent to you acknowledging your order and an order number will be assigned to you.
Offers for items and their prices are valid so long as they are visible on the Site. Sales are not considered final until the customer has completed all payment procedures and SAS OCEAN PHOENIX has confirmed the order via the aforementioned confirmation email.
Article 4: Prices
The prices of the items appearing on the Site are shown in Euros and include shipping and delivery costs, regardless of the customer's location (see restrictions in Paragraph 6). Prices include the tax rates on the actual day of the order, if applicable, as well as shipping costs.
Item prices will be charged in accordance with the prices and tax rates in effect on the day that your order is validated.
The prices shown on various materials promoting offers from SAS OCEAN PHOENIX, especially physical materials, such as order forms and leaflets, may be of a time-limited duration. It is recommended to ensure that an offer is still in effect before placing an order.
Any and all items remain the property of SAS OCEAN PHOENIX until the transfer is complete.
Orders which provide a delivery address outside of metropolitan France, Corsica, and the European Union may be subject to customs duties and additional surcharges.
Article 5: Payment
Payment for purchases made on the Site is by bank card at the time of ordering.
Purchases on the Site are made by bank card during the ordering process.
When paying for your items, you will need to provide your card number, its expiration date and security code (the last three digits located on the back of your bank card). SAS OCEAN PHOENIX accepts Paypal, Visa and MasterCard cards. All orders are payable in Euros. Your bank card is debited at the time of the transaction.
All transactions are secure. The confidentiality of the banking details you send is ensured by Easy Web Automation, which utilizes a Shopping Cart HTTPS/SSL certified by Verisign to encrypt your personal information.
Your order will be shipped after verification of your chosen means of payment and reception of the authorization to debit your card.
SAS OCEAN PHOENIX reserves the right to deny any delivery if officially accredited organizations refuse to authorize a bank card payment in the event of non-payment and if there are legitimate reasons to doubt the validity of your payment method.
Article 6: Delivery
Items are delivered to metropolitan France, French overseas departments and territories, as well as countries in and outside of the European Union excepting Lebanon and any country under arms embargo.
Items are shipped to the postal address provided when the order was placed. Domestic deliveries are delivered by the national French postal service (La Poste) to French overseas departments and territories in 'overseas' packages and as 'international' packages for other destinations outside of the European Union.
A follow-up email will be sent to you by the Paris Mint when your item(s) leave their premises. This e-mail will contain your package number and an internet link that will allow you to track the package until its arrival.
In the event that a delay in the delivery of an item is reported by a customer to the Paris Mint (SAS OCEAN PHOENIX will be kept in copy), the Paris Mint will check whether the item has been shipped or not. If it has been sent, the Paris Mint will submit a request to the French postal service to carry out an investigation to determine whether the item was actually forwarded, or if it was lost or stolen. The time frame for an investigation is approximately five to six weeks for products sent to addresses in metropolitan France and approximately seven to eight weeks for those shipped internationally.
Article 7: Warranty & Exchange Policy
In accordance with the legal provisions relating to product compliance, defective products or products that do not match your order will be replaced by the Paris Mint.
The content and procedures of this legal warranty are described by Articles L.211-4 et seq. of the French Consumer Code.
You have a two year period to return the item(s) starting from the date of delivery. Subject to the terms and conditions laid down in Article L. 211-9 of the French Consumer Code, you may request that the items be replaced.
You do not need to prove the existence of defects in the items within the first six months after delivery. The legal warranty applies irrespective of any commercial warranties that have been granted.
It is also recommended that you examine the items upon their arrival. In the event that they are damaged or the parcel containing them is torn or opened, it is advisable to return the parcel immediately, or to initiate standard legal claims on the French Post's delivery order and to contact the Paris Mint's Customer Service Department by telephone at 01 40 46 58 68 to inform them why you could not accept the parcel. The Paris Mint will then ask the French postal service to carry out an investigation to determine whether the order was delivered in good condition or not. The time frame for an investigation is approximately five to six weeks for products sent to addresses in metropolitan France and approximately seven to eight weeks for those shipped internationally.
In all of the above-mentioned circumstances, you must return the products to the Paris Mint as they were received. New items will be shipped to you within fourteen days from the date the returned items were received by the Paris Mint. Please contact the Claims Department by phoning 01 40 46 58 68 or by email at: firstname.lastname@example.org for more information.
Again, we remind you that you dispose of the aforementioned legal warranties in addition to any commercial warranties.
Article 8: Right of withdrawal
Exclusion of the right to return products engraved and personalized upon the client’s specifications:
As all our products are engraved and personalized with the information supplied by the client when making the order, the right to return does not apply pursuant to the application of the provisions of Article L.121-21-8, point 3 of the French Consumer Code which specifies that the right of withdrawal cannot be exercised in the case of supply contracts for clearly personalized products or products made according to the consumer's specifications.
Article 9: Customer data – confidentiality
The only personal information collected by SAS OCEAN PHOENIX and ultimately, the Paris Mint (which is responsible for processing this data), is what you provide to the Site.
The only data collected automatically by SAS OCEAN PHOENIX is your IP address (your computer's address).
You agree to provide accurate personal information. SAS OCEAN PHOENIX uses all appropriate measures to limit the risks of loss, impairment or improper use of the data collected.
Your information is required to manage your order and is collected for that purpose. The processing of personal data is subject to a declaration made to the CNIL (French Data Protection Authority).
SAS OCEAN PHOENIX may also share this information with third parties, such as its service providers or commercial partners. All mandatory data is explicitly designated as such on the Site.
In accordance with ACT N°78-17 of 6 January 1978 and its provisions relating to the protection of personal data, you have a right to access, correct and object to any information that concerns your person by submitting a request by letter at the following address: SAS OCEAN PHOENIX 455 Promenade des Anglais, Porte de l’Arenas, Hall C, CS 13326, 06206 Nice Cedex 3 or through email at: email@example.com
Article 10: Disputes, force majeure, governing law
These General Conditions of Sale fall under French law. In the event of a dispute, you have the option of having recourse to conventional legal mediation or to alternative means of dispute settlement.
In the event of legal action, any dispute relating to the interpretation and/or the implementation of the service provisions mentioned in these General Conditions of Sale will fall under the jurisdiction of the Paris (France) courts.
However, neither party may be held liable for a total or partial failure to perform their obligations, if this failure is due to unforeseeable circumstances or the occurrence of an event constituting force majeure, as defined by the jurisprudence of the courts, including but not limited to: flood, fire, storm, a lack of raw materials, and total or partial transport/postal service strikes.
In this eventuality, the parties must agree to promptly consult with each other in order to determine possible arrangements for the fulfillment of the order if the force majeure exceeds a duration of one month.
In the event that a court rules that a provision is to be canceled or deemed not binding on a customer, all of the other provisions of these General Conditions of Sale will remain in effect.