Current as of October 12, 2023
OCEAN HERITAGE LABORATORY, simplified joint stock company with capital of 609,887.52 Euros, registered in the Rennes Trade and Companies Register under number 830 931 879, whose head office is located 74F rue de Paris - 35000 Rennes, number Intracommunity VAT FR 21830931879 operates a website available at www.ocean-heritage.com
Mail: Ocean Heritage Laboratory - 74F rue de Paris, 35000 Rennes
TERMS AND CONDITIONS
oceanheritage.com is an online commerce site accessible via the Internet (hereinafter referred to as the “Site”). It is open to any internet user (hereinafter referred to as “Users”). The Site allows OCEAN HERITAGE LABORATORY to offer cosmeceutical products for sale (hereinafter referred to as the “Products”) to Users browsing the Site. For the application of these terms, it is agreed that the User and OCEAN HERITAGE LABORATORY will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated and paid for an order will then be referred to as “the Customer”. . The rights and obligations of the User automatically apply to the Client. The User who wishes to purchase on the Site declares that they have full legal capacity allowing them to commit to these general conditions of sale. Any purchase of one or more Products on the Site requires prior consultation of these general conditions. To this end, the Customer has the option of saving said general conditions of sale. Consequently, any order implies prior consultation and acceptance of these general conditions of sale in their version in force at the time of formation of the contract, by means of a check box provided for this purpose during the purchasing process. . The OCEAN HERITAGE LABORATORY Company cannot verify the legal capacity of the User or Client. Consequently, in the event that a Customer who does not have legal capacity orders Products on the Site, his or her legal representatives should assume full responsibility for this purchase and in particular ensure payment.
ARTICLE 1: OBJECT
The purpose of these general conditions of sale is to define, throughout the world, exclusively on the basis of the relationships they establish on the Internet and only on the Site. The rights and obligations of the Parties arising from the online sale of the Products offered on the Site. These terms apply to the exclusion of any other document except under specific conditions expressly agreed to in writing by the Company OCEAN HERITAGE LABORATORY. The OCEAN HERITAGE LABORATORY Company reserves the right to modify these general conditions of sale at any time. The general conditions of sale applicable to any order being those accepted by the Customer at the time of validation of their order. It is specified that the Products purchased by the customer are intended solely for the latter's personal use, and not for professional purposes. As such, the Customer's attention is particularly drawn to the fact that the order must not exceed a quantity of five pieces per reference. In the event of an order exceeding the quantity mentioned above, the order will be automatically canceled and considered void. The Products sold on the Site are not intended for resale or distribution. We reserve the right to cancel orders and/or suspend accounts for which we believe that the products, due to their quantity, are ordered in violation of this provision.
ARTICLE 2: PRODUCTS - PRICE
The Products offered for sale by OCEAN HERITAGE LABORATORY are those presented on the Site, on the day the User consults the Site, and within the limits of available stocks. The photographs on the Site are presented for illustrative purposes and are non-contractual. The Customer is also required to consult the description sheet of each Product to find out its characteristics.
The prices of the Products are indicated in euros (€). They take into account the VAT applicable on the day of the order. OCEAN HERITAGE LABORATORY reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration of the order, subject however to availability of said Products. Any shipping costs are charged extra.
ARTICLE 3. REGISTRATION AND VALIDATION OF THE ORDER
3.1. Navigation within the Site The User can freely browse the different pages of the Site, without being committed to an order.
3.2. Registering an order If the User wishes to place an order, he will choose the different Products associated with which he is interested, and will express said interest by clicking on the “BUY” box. This action automatically adds the product to the “basket” At any time, the User by clicking on “basket” can:
Obtain a summary of the Products he has selected
Modify your order
Continue your selection of Products by clicking on “continue my purchases” • Complete your selection of Products and order them by clicking on “Order” The User is informed and accepts that entering any identifier constitutes proof of their identity and demonstrates their consent . During the order process, the User can modify and correct data entries such as the composition of the basket, the delivery address and invoicing before final validation of the order.
3.3. Confirmation (Validation) of the order
After having read the status of their order in their basket, the User can click on “ORDER”. The User will be able to check the content of their order as well as the price including tax of their order (excluding transport). To confirm their order, the User must click on “ORDER”, in order to be able to provide the contact details necessary for invoicing and delivery. The User can then finalize their order either by ordering as a guest, or by creating their own customer account, or by connecting to their existing OCEAN HERITAGE LABORATORY customer account, using their identifier (email address). and its password. Then, the User must check the box “I accept the general conditions and the confidentiality policy”, before clicking on “CONTINUE”. Then, the User will be able to identify themselves by accurately completing the mandatory fields of the form made available on which they will include the information necessary for their identification and in particular their last name, first name, postal address, e-mail address, if applicable. if applicable, their password to connect to their customer account or to create their customer account, and optionally their date of birth, or their telephone number. Then, once all the requested information has been provided by the User, the latter can, if they wish, check the box “also use this address for billing” before clicking on “continue” to choose then its delivery method. On the following page, the User will be able to choose the delivery methods offered and any associated delivery costs. After choosing their delivery method, the User must click on “CONTINUE” to pay for their order. The User must choose their payment method, then check the box “I have read the general conditions of sale and I agree to them without reservation” before clicking on “ORDER”. After this step, the User will be redirected to the secure payment server of the BNP Paribas bank, and will be able to choose their payment method among those offered (CB, VSA, MasterCard, Paypal) and then enter the banking information to proceed with the payment of the order (bank card number, expiry date, cryptogram, etc.)To finalize their order, the User must click on the “VALIDATE” box and then enter, if applicable, their payment validation code sent by their own bank by SMS. It is specified that all payments will be made immediately on the Internet. Unless the server is unavailable, the Customer will have the choice when validating their order between the following payment methods: Visa, Mastercard, CB, PayPal. The User then becomes a Customer. The order form is recorded in the computer records of OCEAN HERITAGE LABORATORY, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. OCEAN HERITAGE LABORATORY reserves the right to refuse any order or delivery in the event of exceeding the ceilings indicated in the subject hereof, of an existing dispute with the Customer, of total or partial non-payment of a previous order by the Customer, of refusal of authorization for payment by bank card from banking organizations, non-payment or partial payment. The User is responsible for the choice and conservation of his identifiers and must ensure their confidentiality. OCEAN HERITAGE LABORATORY cannot under any circumstances be held responsible for possible theft of identifiers and connections to customer accounts by third parties. The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. During each visit to the website, the Customer will have access to their personal data using their username and password.
With regard to payment by bank card, the payment terms are as follows: Notwithstanding the application of article R.642-3 of the penal code, the Customer will pay for his order by bank card (card bearing the sign CB, cards bearing the VISA or EUROROCARD or MASTERCARD mark) in accordance with the provisions of this article. To pay for their order by credit card, the User will be automatically switched to the BNP PARIBAS Mercanet electronic payment server. The User must transmit their bank card number on the Site, as well as its expiry date and the cryptogram number (3-digit number appearing on the back of their bank card). All this data exchanged to process the payment is encrypted using the S.S.L protocol. (Secure Socket Layer).This data cannot be detected, intercepted or used by third parties. These certifications guarantee that the operational processes and technical solutions used by Mercanet meet the most demanding criteria in terms of securing exchanges and protecting banking data. At no time will the User's banking data pass through the OCEAN HERITAGE LAB0RATORY computer system. The card will be debited at the time of ordering. In any case, the amount debited corresponds to the Product(s) actually delivered. The Customer guarantees that he is fully authorized to use the payment card used, that the latter is valid and provides access to sufficient funds to cover all costs necessary to pay for the order. As soon as payment is validated, the order is recorded and becomes irrevocable, without prejudice to its right of withdrawal (the terms of which are described below).
3.4. Confirmation of order and payment
When the Customer has validated his payment, a summary of the order will be sent to him electronically, to the e-mail address entered by the Customer at the time of his identification, prior to placing the order. In the event of an error in entering the e-mail address or more generally non-receipt of the order summary, the liability of the Company OCEAN HERITAGE LABORATORY cannot be engaged. This order confirmation will summarize the nature, quantities and unit price including tax of each of the products ordered, where applicable the delivery costs, the conditions and methods of exercising the right of withdrawal: the address where the Customer can present its complaints, information relating to after-sales service and commercial guarantees. If confirmation of the order does not arrive within 24 hours of formalizing the order, the Customer can contact our Customer Relations Department via the contact page. Likewise, if the Customer has a question about previous orders, he can contact the Company OCEAN HERITAGE LA BORATORY via this same page 3.5. Unavailability of products Products are offered while stocks last. In the event of unavailability of one of the Products, the User will not be able to order the product.
ARTICLE 4. DELIVERY
Customs duties and taxes are covered by OCEAN HERITAGE LABORATORY
In the event of exceptional periods, delivery times may be extended.
The order will be executed at the latest within thirty (30) days from the day following that of the Customer's validation of his order. The Customer can choose to have it delivered to his home, to another address or to a point relays served by the carrier. The Products ordered by the Customer will be delivered to the address indicated by the latter on the order form. In the event of the absence of the recipient of the Products, the carrier will leave a notice in the mailbox of said recipient specifying the alternatives for receiving the package, which may be:
A rescheduling of delivery the next day to the Customer's home (limited to two representations of the same package).
Collection of the package at a relay point whose contact details are specified on the delivery notice. The processing time for an order takes into account:
The order preparation time: verification of the information entered by the Customer from the date of payment, the preparation of the order and the handling of the package(s) by the carrier.
The carrier's delivery time.
The Products will be sent by Chronopost according to the delivery methods chosen by the Customer:
For France, Chronopost undertakes to deliver within 24 hours. OCEAN HERITAGE LABORA TORY cannot be held responsible in the event of delivery beyond 24 hours. Deliveries are not guaranteed on Saturdays. Delivery by Chrono relay 1 p.m. or Chrono 1 p.m. home delivery is free.
For the European Union, the best delivery times observed by Chronopost are between 2 days and 6 days depending on the country. These times are indicative and may be subject to change. Saturday deliveries are not guaranteed.
Any anomaly concerning delivery (missing or broken product, damaged package, etc.) must be reported by the Customer on the paper or digital delivery receipt before signing said receipt, upon delivery or collection of the package at a relay point and must must be notified, on the same day of receipt or at the latest the first working day following receipt, to the OCEAN HERITAGE LABORATORY customer service, by e-mail via the contact form on the Site. Reservations must clearly specify the anomaly and be accompanied by photos enabling the anomaly to be precisely identified (photo of the product in repackaging, photo of damaged repackaging before opening, etc.).
Any claim made after this deadline will be rejected and OCEAN HERITAGE LABORATORY will be released from all liability. By signing the delivery receipt without issuing specific reservations and accepting the Product(s), the Customer acknowledges having received the goods in a condition giving them complete satisfaction. In the event of an anomaly relating to the package or the Product(s), and after having reported it to OCEAN HERITAGE LABORATORY within the period mentioned above, the Customer must return it(ies) in its (their) packaging and its(their) original packaging according to the conditions of article 5 “Right of withdrawal” defined below and within fourteen 14 days from receipt of the order. This return must be accompanied by the document, “Return” to be printed via the Site. OCEAN HERITAGE LABORATORY reserves the right to verify the returned Product(s), to study the reason for the request and therefore to proceed or not with the free replacement of the Product(s) without no compensation is due. In the event of unavailability of the ordered product, the Customer will be informed of this unavailability. With prior agreement from the Customer, a product of equivalent quality and price will be offered. In the absence of agreement from the Customer, the latter may, where applicable, be reimbursed at the latest within thirty (30) days of payment of the amounts paid.
OCEAN HERITAGE LABORATORY declines all liability in the event of non-delivery or delay in delivery due to a case of force majeure, the actions of a third party or a fault attributable to the Customer. In the event of late delivery or non-delivery of the package(s), the Customer must report this delay to customer service as quickly as possible.
OCEAN HERITAGE LABORATORY, via the Contact form.
ARTICLE 5. RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) working days to exercise his right of withdrawal from OCEAN HERITAGE LABORATORY, without having to provide reasons or pay penalties. This period runs from the day of receipt of the order. In the event of exercising the right of withdrawal, the Customer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, reshipping costs are the responsibility of the Customer. The Customer must return, at his own expense, the Product(s) he ordered within fourteen (14) working days from exercising the right of withdrawal. The Product(s) must be returned by tracked envelope, in its original packaging and packaging, accompanied by the invoice and the withdrawal form completed at the following address: OCEAN HERITAGE LABORATORY - 74F Rue de Paris 35000, Rennes. The Customer must specify the reason in the “return” form, as well as their choice between refund or exchange. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day. For reasons of hygiene and health, and in accordance with article L22 l-28 of the Consumer Code, Products which have been opened, damaged or soiled by the Customer after delivery cannot be subject to return. a right of withdrawal and therefore a refund or exchange. If the aforementioned conditions are met, OCEAN HERITAGE LABORATORY will reimburse the Customer for all sums paid by the Customer, as soon as possible and at the latest within fourteen (14) days following receipt of the returned product(s).
ARTICLE 6. LEGAL GUARANTEE
All products for sale on the Site benefit from the legal guarantee of conformity (article L.217-4 et seq. of the Consumer Code) and defects in the item sold (article 1641 et seq. of the Civil Code). The Customer is informed that the guarantor of the conformity of the goods is the Company OCEAN HERITAGE LABORATORY, located 74F rue de Paris. 35,000 Rennes. In the event that the Customer acts as a legal guarantee of conformity. Regardless of any commercial guarantee, he has a period of two years from delivery of the goods to act. The Customer is exempt from providing proof of the existence of non-conformity during the twenty-four months following delivery of the goods. In the event of non-compliance, the Customer can choose between replacement or reimbursement of the Product(s), subject to the conditions provided for in article L.217-9 of the Consumer Code. Return costs will be at the Customer's expense and will only be reimbursed if OCEAN HERITAGE LABORATORY is held liable under the warranty. In the event that the Customer acts as a legal guarantee for defects in the item sold, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.
ARTICLE 7. PERSONAL DATA
As part of distance selling, OCEAN HERITAGE LABORATORY is required to collect information about you as a Customer. Providing some of your personal data is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. The processing of this strictly confidential information is carried out under the conditions explained in the Confidentiality Policy, which each new Customer is invited to consult and accept when creating their account. Failure to provide information implies automatic rejection of the order. Certain data may also be used to send you information and/or promotional offers on the brand's products. In accordance with the provisions of the “Informatique et Libertés” law of January 6, 1978 as amended as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him. All of the OCEAN HERITAGE LABORATORY Company's commitments regarding the protection of personal data are available at https://www.oceanheritage.com/content/6-poIitique-de-confidentialite
ARTICLE 8. LIMITATION OF LIABILITY
OCEAN HERITAGE LABORATORY will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance results, either from the Client or from an unforeseeable and insurmountable fact of a third party to the contract. , or a case of force majeure as defined by the case law of the French courts, including in particular total or partial strikes in particular of postal services and means of transport and/or communications. The Party invoking an event constituting force majeure must notify the other Party within five working days following the occurrence or threat of this event. The Parties agree that they must contact each other as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.
ARTICLE 9. PARTIAL INVALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
ARTICLE 10. ENTIRE CONTRACT
These general conditions of sale and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, these general conditions of sale will prevail.
ARTICLE 11. INTELLECTUAL PROPERTY
The OCEAN HERITAGE LABORATORY brand, the Site, as well as all the elements which compose it (such as, in particular, brands, logos. Photographs, images, illustrations, texts, slogans, video, structure of the Site) are the exclusive property of the Company OCEAN HERITAGE LABORATORY, the only company authorized to use the intellectual property rights and personality rights relating thereto, or the holder of the intellectual property rights concerned. Any reproduction and/or representation in whole or in part, use, adaptation or modification, of the Site or any of the elements which compose it, on any medium whatsoever and in any form whatsoever is expressly prohibited; without prior written authorization from the Company OCEAN HERITAGE LABORATORY. The creation of hypertext links to the Site can only be carried out with the prior written authorization of the Company OCEAN HERITAGE LABORATORY.
ARTICLE 12. DISPUTE – APPLICABLE LAW – COMPETENT JURISDICTION
Sales of products from the Company OCEAN HERITAGE LABORATORY are subject to French law regardless of the Customer's country of residence and the place where the Order is placed. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between OCEAN HERITAGE LABORATORY and the Client, even in the event of multiple defendants, will, in the absence of amicable agreement, be the exclusive jurisdiction of the competent French courts in application of the rules laid down by the French code of civil procedure. The Customer is informed of the possibility of resorting to consumer mediation for disputes that may arise regarding the sale of OCEAN HERITAGE LABORATORY products. In accordance with article L.612-1 of the Consumer Code, the Customer may contact CMR 35 - Mediation Center, to settle amicably through mediation any dispute or so-called consumer dispute, subject to article L612 -2 of the consumer code. To submit his dispute to the mediator, the Client can contact the Bretagne Ouest association of mediators; https://www.ambo.bzh/contact/ (contact section), or send your request by post to AMBO – 12 rue Colbert B37 – 56100 Lorient, or to the dedicated email address email@example.com, or by telephone number: 06.71.90.24.25 Disputes cannot be reviewed by the mediator for which the request is manifestly unfounded or abusive, or has been previously examined or is currently being examined by another mediator or by a court, or if the Client has submitted his request to the mediator within a period of more than one year from his written complaint to OCEAN HERITAGE LABORATORY or if the dispute does not fall within the field of competence of the mediator , or finally if the consumer does not justify having tried, beforehand, to resolve his dispute directly with OCEAN HERITAGELABORATORY by a written complaint. Online Dispute Resolution Platform; The European Commission has set up an Online Dispute Resolution platform to facilitate the extrajudicial settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/