Terms of sale
The present conditions of sale are concluded
On the one hand, by the company Oceania Environment whose registered office is located at 5 rue du Lutzelbach FR-68150 RIBEAUVILLE- FRANCE -911 582 486 R.C.S. COLMAR and which manages the shop www.oceaniaenvironment.com
PROPERTY RESERVATION CLAUSE: In accordance with French Law 80.335 of 12 May 1980, we reserve ownership of the products and goods, which are the subject of these debits, until payment in full of the price and its accessories. In the event of total or partial non-payment of the price on the due date for any reason whatsoever, by express agreement, we reserve the right, without formalities, to take physical possession of these products or goods at your expense, risk and peril.
Late payment penalty: 3 times the legal interest rate after the due date. Discount for early payment: 0% (unless otherwise specified in the terms and conditions of payment) The amount of the fixed compensation for collection costs provided for in the twelfth paragraph of Article L441-6 is set at 40 euros for commercial matters.
And, on the other hand, by any person or entity wishing to make a purchase directly or via the website of the shop Oceania Environment: www.oceaniaenvironment.com hereinafter referred to as "the buyer".Clause 1: Purpose
The general conditions of sale described hereafter detail the rights and obligations of Oceania Environment and its customer within the framework :of the sale of the following goods or services : all goods or services :offered on the company website or in the website catalogue: oceaniaenvironment.com and purchased via the website shop,or proposed in a punctual way (ex made-to-measure product or complement of order) having been the subject of an estimate or a proforma invoice written by Oceania Environment and/or of an order signed by the customer and accepted by Oceania Environment without any reserve of the customer or Oceania.Any purchase of a product or service therefore implies the buyer's unreserved acceptance of these general conditions of sale.
Clause n°2. Products
The proposed products are those which appear on the site www.oceaniaenvironment.com of Oceania Environment, within the limit of stocks available. Oceania Environment reserves the right to modify the range of products at any time
Each product is presented on the website in the form of a description of its main characteristics. The photographs are as accurate as possible but are not binding on the Seller. The sale of the products presented on the www.oceaniaenvironment.com website is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Clause 3: Prices
The prices of the goods or services sold are those in force on the day the order is taken. hey are denominated in euros and calculated exclusive of tax for Metropolitan France. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
Delivery charges: Delivery charges are calculated and indicated for each order. However, depending on the destination and weight, shipping costs may apply on a case-by-case basis (export sales, deliveries to different sites, exceptional quantities, etc.).
Oceania Environment reserves the right to modify its prices at any time.However, it undertakes to invoice the goods or services ordered at the prices indicated when the order is registered.
Clause 4: Discounts and rebates
The prices quoted include any discounts and rebates that Oceania Environment may grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.
Clause 5: Discount
No discount will be granted for early payment.
Clause no. 6: Terms of payment
In sale except shop of the site: following an estimate or invoice proforma accepted and signed and/or purchase order emitted by the purchaser and accepted by Oceania Environment: The payment of the orders is carried out: either by cheque; or by bank card; or by bank transfer at the time of the recording of the order: 100% cash with the order (Except contrary mention expressly and clearly stipulated and accepted by the 2 parts on the signed documents).
On sale in the site shop: Order and payment methods: Before placing an order, the buyer must create an account on the www.oceaniaenvironment.com website.
The account creation section can be accessed directly from the side menu bar. At each visit, the purchaser, if he wishes to order or consult his account (state of the orders, profile...), will have to identify himself using this information.Oceania Environment offers the buyer the option of ordering and paying for its products in several stages, with secure payment by Paypal or Stripe, cheque or bank transfer:
Secure payment by credit card (via the Paypal or Stripe system): the buyer selects the products they wish to order in the "basket", modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one.
a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then chooses the payment method of their choice: "Payment by Paypal or Stripe, cheque or bank transfer".
The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the "Confirm my order" button.
Finally, the buyer is redirected to the secure Paypal or Stripe interface to enter their Paypal or Stripe account details or personal credit card details in complete security. If the payment is accepted, the order is registered and the contract definitively formed.
Payment by Paypal or Stripe account by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand that the card payment be cancelled, and the sums paid will then be credited back or refunded.
Payment by credit card using a Paypal or Stripe account is irrevocable. In the event of fraudulent use of the card, the buyer may demand that the card payment be cancelled, and the sums paid will then be credited back or refunded. The holder of a bank card is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card.
To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or 120 days if the contract between the cardholder and his or her bank so provides. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder's written objection. The cardholder will not be charged any fees for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke its own terms and conditions of purchase.
All of the data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an electronic address and if it informed it on its purchase order, Oceania Environment will communicate to him by electronic mail the confirmation of the recording of its order.
Payment by Paypal or Stripe account by credit card is irrevocable.
In the event of fraudulent use of the card, the buyer may request the cancellation of the card payment, the sums paid will then be recredited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card.
To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank, within 70 days following the transaction, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the holder. No costs for returning the sums may be charged to the holder.
Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and if he has provided it on his order form, the company Oceania Environment will communicate to him by email the confirmation of recording your order.
Clause No. 7. Withdrawal
Under article L121-20 of the Consumer Code, the individual buyer (natural person) has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and thus make a return. of the product to the seller for exchange or refund without penalty, with the exception of return costs.
The right of withdrawal between professionals (legal entities) applies when:
- the contract is concluded outside the establishment
- the subject of the contract does not fall within the main field of activity of the company
- the purchasing company does not employ more than five employees
- If these three conditions are met, the company benefits from a 14-day right of withdrawal, as do individual consumers.
Clause n°8: Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by post via COLISSIMO, delivery service with tracking, delivery without signature or other transport companies.
Delivery times are given for information purposes only.
The Oceania Environment company. may provide the buyer with the tracking number of their package by email. The buyer is delivered to his home by his postman or carrier. In the event of the buyer's absence, he will receive a notice from his postman or carrier, which allows him to collect the products ordered from the nearest post office, during a period indicated by the postal services or make an appointment with the carrier for a new delivery.
The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company Oceania Environment. The buyer is required to check, in the presence of the Post Office employee or the carrier, the state of the packaging of the goods and their contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Clause n°9: Guarantee
All products and services provided by the company Oceania Environment benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold or a service provided, it may be returned to the company Oceania Environment which will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made by post to the following address: Société Oceania Environment 5 rue du Lutzelbach 68150 RIBEAUVILLE), by email to contact@ oceaniaenvironment.com, or by telephone at 03 89 41 30 73 within ten days maximum after delivery.
NOTES: Oceania environment guarantees your equipment for 1 year under normal conditions of use
Oceania Environment will not be responsible for unloading problems during delivery, poor assembly of equipment or problems relating to assembly, installation or earthworks, before, during and after its intervention or during the intervention of a third party.
Clause n°10: Liability
The company Oceania Environment in the distance selling process is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the network.
Internet such as data loss, intrusion, viruses, service interruption, or other unintentional problems.
NOTES: Oceania environment guarantees your equipment for 1 year under normal conditions of use
Oceania Environment will not be responsible for unloading problems during delivery, poor assembly of equipment or problems relating to assembly, installation or earthworks, before, during and after its intervention or during the intervention of a third party.
Clause n°11: Intellectual property
All elements of the Boutique site www.oceaniaenvironment.com are and remain the property intellectual and exclusive of the company Oceania Environment. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site, whether in the form of a photo, logo, visual or text.
Clause No. 12: Late payment
In the event of total or partial failure to pay for the goods or services delivered on the day of receipt or completion, the buyer must pay Oceania Environment a late payment penalty equal to 1.5 times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods or performance of the services.
From January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014). This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result.
Payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause no. 13: Termination clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining amounts due, the sale will be terminated automatically and may give rise to the right to the allocation of damages for the benefit of Oceania Environment.
Clause No. 14: Reservation of title clause
Oceania Environment retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, Oceania Environment reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause No. 15: Delivery
Delivery is made: either by direct delivery of the goods to the buyer or execution of the service; either by sending a notice of availability in store to the attention of the buyer; or at the place indicated by the buyer on the order form. The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed. (Indicative delivery times: 1 to 8 weeks - for payment by check: 3 to 10 weeks (taking into account the collection guarantee period by banks of 10 working days).
Consequently, any reasonable delay in the delivery of the products or performance of the service cannot give rise to the buyer's benefit to: the allocation of damages or the cancellation of the order. (Cf. clauses n° 7 and n° 8 -15 and their exceptions)
The risk of transport is borne entirely by the buyer.
Clause No. 16: Force majeure
Oceania Environment cannot be held liable if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause No. 17: Personal data
The company Oceania Environment undertakes to preserve the confidentiality of the information provided by the buyer, which he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: Société Oceania Environment S.A.S. 5, rue du Lutzelbach 68150 RIBEAUVILLE
Clause No. 18: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. Failing an amicable resolution, the dispute will be brought before the Commercial Court of Colmar (68-FRANCE)
Bank details :
IBAN : FR76 1695 8000 0185 7254 9808 011
BIC/SWIFT : QNTOFRP1XXX -
Bank16958 Branch 00001 Account 85725498080 Key 11 - Bank: Qonto France (BNP subsidiary)
D-U-N-S® Number: Registered office: RIBEAUVILLE - 278 030 400