1. APPLICATION
1.1
These General Terms and Conditions of Sale apply to sales made through
the website https://www.outils-oceans.com (the “Site”). They are concluded between:
(i) the publisher and operator of the Site, the company OUTILS OCEANS, a SARL with a share capital of €87,124.61,
with its registered office at 447 ZA LA GRANDE HALTE, 29940 LA FORET-FOUESNANT, registered with the
Quimper Trade and Companies Register under number 339 806 036 (hereinafter the “Seller”),
contact@outils-oceans.com, +33 (0)2 98 94 63 03; and
(ii) any buyer, whether a consumer — defined as a natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity — and having legal capacity to order products, or a professional (hereinafter the “Client”).
1.2
Depending on the Client's status as consumer or professional, the provisions of the French Consumer Code apply or do not apply.
1.3
As these General Terms and Conditions of Sale may be amended, the applicable version is the one in force on the date the order is placed.
2. PRODUCTS
2.1
OUTILS OCEANS designs and distributes textile and semi-rigid products as well as complementary products and software.
2.2
Products are described and presented on the Site with the greatest accuracy.
The Client must review the information available before placing any order, especially the essential characteristics and technical data sheets of the products, which are available upon request from the Seller or on the websites of the relevant manufacturers, where applicable.
3. PRICE
3.1
Product prices are indicated on the Site in euros, VAT included. Prices are firm and remain valid as long as they are displayed on the Site. The Seller reserves the right to modify prices at any time. The applicable price is the one in force at the time of the order.
3.2
The price indicated on the Site does not include delivery costs, which are added and shown to the Client before order confirmation. Customs duties, local taxes, import duties, or state taxes may apply depending on the Client’s place of residence. These are the Client’s sole responsibility, who must inquire beforehand.
3.3
Telecommunication costs related to accessing the Site remain the exclusive responsibility of the Client.
3.4
For certain orders, the Client may request customized items or items not available as-is on the Site. In such cases, the price is subject to a specific proposal provided in a quotation. These provisions also apply to such quotations.
4. ORDER
4.1
To place an online order, the Client must follow these steps while browsing the Site:
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Select the desired item(s) and add them to the cart;
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Once the selection is complete, access the cart;
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Check the order details and, if necessary, identify and correct any errors;
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Validate the cart;
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Log in using an email and password if a customer account already exists, or create an account by completing the required form;
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Select and confirm the delivery method;
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Proceed to payment by following the instructions of the online payment server.
4.2
Any order placed by the Client constitutes unconditional acceptance of these General Terms and Conditions of Sale, which must be read and accepted by ticking the dedicated checkbox prior to ordering. Placing an order obliges the Client to pay.
4.3
The sale becomes final only after the Seller sends the Client confirmation of the order by email and after full payment is received.
Any order placed under these conditions constitutes a distance contract between the Client and the Seller.
4.4
The Seller reserves the right to refuse any order of the same product in significant quantities, if abnormal, made in bad faith, or for any legitimate reason, particularly where a dispute exists with the Client regarding payment of a previous order.
5. PAYMENT
5.1
The price is payable in full on the day the order is placed.
5.2
Any amount paid in advance by a consumer Client for a specific order is considered a deposit (acompte) and not a down-payment (arrhes).
5.3
For professional Clients with an account, orders may be invoiced and payable within thirty (30) days, end of month. No discount is granted for early payment.
5.4
In case of late payment, the professional Client is liable, automatically and without prior notice, for late penalties corresponding to the interest rate applied by the ECB, increased by 10 points, without being less than three times the legal interest rate. Late payment also results in a fixed compensation of €40 for recovery costs, plus any justified additional recovery expenses.
5.5
Immediate payment is made by credit card via secure and encrypted payment, or through other payment methods provided by the Seller on the Site, at the Client’s discretion. Third-party services require acceptance of their own terms of use.
5.6
The Seller reserves the right to suspend order processing and delivery in case of refused payment authorization or non-payment.
6. ORDER CONFIRMATION
The Seller provides the Client, on a durable medium, within a reasonable period after the contract is concluded and no later than at the time of delivery, with confirmation of the order.
7. PROOF OF TRANSACTION
Electronic records stored in the Seller’s IT systems under reasonable security conditions will be considered proof of communications, orders, and payments between the parties.
Order archives and invoices are stored on a reliable and durable medium that can be produced as evidence.
8. DELIVERY
8.1
When placing the order, the Client selects the preferred delivery method among those offered on the Site. Delivery costs depend on the order amount and selected delivery method and are displayed before order confirmation.
8.2
Products are delivered to the address provided by the Client during the order process. Any parcel returned to the Seller due to an incorrect or incomplete address will be reshipped at the Client’s expense.
8.3
The Client may track the status of the order in the dedicated area on the Site or on the carrier’s tracking platform using the tracking number provided.
8.4
In case the ordered product is unavailable, the Client will be informed as soon as possible and may cancel the order. The Client may choose between a refund or an exchange.
8.5 (consumer Clients)
According to Article L216-2 of the Consumer Code, if delivery is not carried out within the indicated timeframe or, failing that, within 30 days after the order, the Client may cancel the order. The Client must first request delivery within an additional reasonable timeframe. If the Seller does not comply, the Client may terminate the contract.
8.6
In case of cancellation, the Seller must refund the Client within fourteen days following receipt of the cancellation notice, excluding any additional compensation.
9. RECEIPT
If at delivery the original packaging is damaged, torn, or opened, the Client must check the condition of the items. If damaged, the Client must refuse the parcel and note the issue on the delivery slip (“parcel refused as opened or damaged”).
The Client must follow the consumption and usage instructions of purchased products.
The professional Client must make any necessary reservations with the carrier within three days, in accordance with Article L.133-3 of the Commercial Code, or authorize the Seller to make such reservations.
10. TRANSFER OF OWNERSHIP AND RISKS
Ownership of the products transfers only after full payment is received.
The risk of loss or damage passes to the Client when they, or a third party designated by them other than the carrier proposed by the Seller, physically takes possession of the products.
In case of non-payment, the Seller may demand the return of the products at the Client’s expense and risk.
The transfer of risks (loss or deterioration) occurs when the Client or their representative physically takes possession of the products.
11. RIGHT OF WITHDRAWAL (CONSUMER CLIENTS)
11.1
Consumer Clients have fourteen days to exercise their right of withdrawal, without penalty or fees, except for return costs. The day of product receipt is not counted.
11.2
This right may be exercised online using the withdrawal form available on the Site or by email, including precise order details. The Seller will acknowledge receipt of the withdrawal without delay on a durable medium.
11.3
The Client must return the product within 14 days of notifying withdrawal.
11.4
Returns must be made in their original condition and complete, enabling resale as new. The Seller will refund all amounts paid, including delivery costs, after receiving the product or receiving proof of shipment.
11.5
According to Article L221-28 of the Consumer Code, the right of withdrawal does not apply in the following cases:
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supply of goods made to the consumer’s specifications or clearly personalized;
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supply of goods that may deteriorate or expire rapidly;
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supply of goods unsealed by the consumer after delivery and unsuitable for return for hygiene or health protection reasons;
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supply of goods which, after delivery, and by their nature, are inseparably mixed with other items.
12. LEGAL GUARANTEES
12.1
Sales to professional Clients benefit from a two-year guarantee from delivery.
12.2 Consumer Clients are entitled to:
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The legal guarantee of conformity for defective, damaged, or non-conforming products;
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The legal guarantee against hidden defects (Article 1641 Civil Code) making the product unfit for use.
Under the legal guarantee of conformity, the consumer Client:
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Has two years from delivery to act;
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May choose repair or replacement, subject to cost conditions (Art. L217-9 Consumer Code);
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Is exempt from proving the existence of the defect during the 24 months following delivery;
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May also act under the hidden defects guarantee (Art. 1641), allowing cancellation of the sale or price reduction (Art. 1644).
12.3
Shipping costs for non-conforming or defective products are refunded based on the invoiced price, and return costs are refunded upon presentation of receipts, within fourteen days after the Seller confirms the defect.
12.4
The Seller’s guarantee is limited to replacement or refund of non-conforming or defective products.
12.5
The Seller’s liability cannot be engaged in case of misuse, failure to follow usage conditions, negligence, or force majeure.
13. FORCE MAJEURE
Events defined in Article 1218 of the Civil Code and those commonly recognized by French case law constitute force majeure. Obligations resume once the force majeure event ends. If the event lasts more than fifteen days or makes performance impossible, the order may be terminated without compensation.
14. INTELLECTUAL PROPERTY
The content of the Site, including illustrations, images, photographs, texts, and trademarks, is the property of the Seller or their respective rights holders. Any reproduction or representation of the Site or its content is strictly prohibited and may constitute counterfeiting.
15. APPLICABLE LAW – JURISDICTION – MEDIATION
15.1
These terms are governed by French law.
15.2 Professional Clients
Any dispute relating to these Terms or orders, including validity, interpretation, performance, or termination, will fall under the exclusive competence of the Commercial Court of Quimper, including cases involving multiple defendants or emergency proceedings.
15.3 Consumer Clients
Disputes will be submitted to competent courts under common law rules.
The Client must first seek an amicable solution from the Seller.
Consumer Clients may use conventional mediation through CM2C:
Online form: https://www.cm2c.net
Postal address: 49 rue de Ponthieu, 75008 Paris
Email: cm2c@cm2c.net
16. EXTENDED PRODUCER RESPONSIBILITY
Unique Identifier (IDU): FR013775_10OECY VALDELIA
ANNEX – WITHDRAWAL FORM
Applicable only to consumer Clients and online sales
To: OUTILS OCEANS, 447 ZA LA GRANDE HALTE, 29940 LA FORET-FOUESNANT
I hereby notify my withdrawal from the order referenced below:
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Order date:
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Order number:
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Client name:
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Client address: