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SEA SHEPHERD’s General Terms and Conditions of Sale

Introduction:

These general terms and conditions of sale (hereafter, T&C) aim to establish a framework for relations between SEA SHEPHERD and the Customer of its online shop.

Proceeds from the sales made through the SEA SHEPHERD online shop shall finance the work of the association SEA SHEPHERD.

Every Customer of the SEA SHEPHERD FRANCE online shop must familiarise himself/herself with these T&C.

These Terms represent a contract between the Customer and the online shop, and every transaction on the Site is governed by them.

The T&C are accessible on the online shop Site and are also made available to the Customer via a hypertext link at the time of sale. Additionally, the Customer can download these Terms for later reference after his/her transaction on the Site.

A box marked “I have read and accept this Site’s general Terms and Conditions of sale” must be ticked by the Customer before proceeding with any transaction with the SEA SHEPHERD online shop. Any Customer who has ticked this box is deemed to have read SEA SHEPHERD’s general Terms and Conditions of sale and to have accepted them unreservedly.

No transaction can take place until these T&C have been accepted unreservedly by the Customer.

In the event of a dispute, these T&C shall prevail in confirming or refuting the claims of the parties to this contract.

Article 1: Vendor

The vendor is the société par actions simplifiée unipersonnelle [French simplified single shareholder company] SEA SHEPHERD BOUTIQUE (hereinafter, “the Company”), which is directly linked to the ocean conservation association SEA SHEPHERD.

The Company is registered with the LYON Trade and Companies Registry with the number RCS 752,918,938 and has €5,000 in capital.

The Company’s head office is located at:

319, Montée du Plantin
69380 Chasseley, FRANCE

Article 2: Contact

You may contact the Site’s administrator if you have any questions:

By email: boutique@seashepherd.fr

By post:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasseley, FRANCE

Article 3: Site

The Company’s Site is accessible over any Internet connection and visiting this space shall not result in any additional charge from the Customer’s Internet service provider.

Article 4: Recipient

The Company’s merchant Site is intended for sales of goods to individuals (natural persons) for personal use only.

By placing an order on the Site, the Customer declares to be of legal age and has full legal capacity to comply with these T&C and to conduct a transaction on this Site.

The Customer further declares to be anindividual consumer and to be purchasing the goods for personal use.

Article 5: Products

The Site offers the Customer various goods within the limits of available stock..

If for any reason one or more items ordered by the Customer cannot be delivered, the Company may offer the Customer reimbursement or a purchase voucher in an amount equal to the value of the products that cannot be sent to the Customer.

Each of the products available is described on the Site.

The products offered on the Site are guaranteed to have been manufactured in a way that has as little effect on the environment as possible.

To allow as many people as possible to be able to purchase the association’s products, a limit is placed on the number of items that can be purchased at any one time. The Customer may not purchase more than three of the same item in a single order.

The images displayed on the Site are non-binding. Under these conditions, the Company shall not be held liable in the event of a minor modification of a product or a difference in packaging of any items purchased.

Beyond 14 days after delivery, no item may be returned or exchanged.

 

 

Limitation of liability:

According to the definition of French Act no. 98-389 of 19 May 1998 and with regard to liability for defective products, the Company is not the manufacturer of the products available for purchase in the seashepherd.com online shop.

The Company shall not be held liable for damage caused to a person or to property due to a defect in a product, incorrect use of a product or modifications to a product made by the manufacturer.

Only the manufacturer of this product can be held liable by the consumer, on the basis of the information printed on the packaging of the said product.

The Company shall not be held liable for delays or inability to take action due to force majeure.

Article 6: Pricing

Prices:

The prices displayed are expressed in euros, excluding delivery fees, and are applicable only to the available stock.

The prices may be changed at any time without prior notice.

The price applicable to the Customer’s transaction shall be the one in force at the time the order is finalised, subject to availability of the product. The Customer may not demand that a given applicable price be granted for an out-of-stock item.

 

Delivery fees:

The delivery fees are indicated in the basket when the Customer’s order is finalised.

The delivery fee amount is calculated based on the number of items that the Customer is ordering, as well as the pricing applied by our service providers, in particular the French postal service (La Poste).

Article 7: Payment

The full amount for the order, delivery fees included, must be paid by the Customer before the Company can proceed to send it.

The Company remains the owner of the goods ordered by the Customer until the payment has been made in full by the latter.

A partial payment made on an order shall be considered as an instalment and not as a deposit.

 

Full payment of the price of the order must be made within five days of the order being placed via the Site.

The Company remains the owner of the goods ordered by the Customer until the payment has been made in full by the latter.

A partial payment made on an order will be deemed to be a down payment and not a deposit.

Full payment of the price of the order must be made within five days of the order being placed via the Site.

After 5 (FIVE) days, the order shall be cancelled and the amounts paid converted into a credit that may be used for a future order on the Company’s Site.

This credit shall be valid for a duration of 6 (SIX) months, beyond which, if the Customer has not used it, it shall be lost and the amounts definitively acquired by SEA SHEPHERD as damages for the non-completion of the initial order.

To pay for his/her order, the Customer may use the following service suggested on the Company’s Site:

  • PayPal

For each of the Customer's orders, an invoice shall be produced by the Company. All of the Customer’s invoices shall be accessible on the Company’s Site in the Customer’s account area.

Apart from making the invoices available on the Site, the Company shall not send any paper invoice to the Customer.

Article 8: Order incidents

The Company reserves the right to cancel an order in the event of any irregularity, particularly in the following situations:

  • Fraud
  • Incident involving the payment for an open order
  • Any incident involving a previous order

For orders exceeding an amount of €150, the Company reserves the right to contact the Customer, or not, by any means necessary, to verify that there has been no misuse of a payment method.

In the event that the person contacted is unable to confirm that he/she is the person authorised to use the payment method and has indeed placed an order on the Site, or in the absence of a reply, the Company shall have the right to cancel the order in question. Any amounts already paid shall be reimbursed to the person authorised to use the payment method involved in the transaction.

Article 9: Delivery of merchandise

After the Company’s staff has validated and packaged the online order, the Customer’s product(s) shall be conveyed to a service provider so that the item(s) can be routed to the delivery address that the Customer indicated when placing the order.

The Company shall not be held liable for errors made by the Customer in entering the delivery address.

Items can be delivered in mainland France and in Europe.

Delivery fees include packaging, handling and postage fees. They may contain a fixed part and a variable part depending on the price or weight of the order. We advise the Customer to combine all purchases in a single order. We cannot group two separate orders together. The Customer must pay separate shipping fees for each order. The Customer’s package is sent at his/her own risk, although care is taken with packages containing fragile products.

The packaging is oversized and the contents are protected.

Delivery requiring a signature

Deliveries that require a signature shall be presented at the address indicated and given to the recipient or his/her representative in return for a signature.

The signature provided next to the recipient’s name, as well as its reproduction, shall serve as proof of delivery of the items. The parties hereby recognise a traditional signature and a digital signature as having identical legal value.

The recipient or his/her representative may be asked to prove his/her identity by producing an official ID.

In the event of the absence or inability of the recipient or his/her representative to prove his/her identity, the delivery agent shall not deliver the package but shall instead leave a non-delivery notice.

Pick-up at the place indicated on the non-delivery notice requires the recipient, or his/her representative, to present this non-delivery notice and an official ID, as well as the signature of the recipient, or his/her representative, for a delivery that requires a signature. It may give rise to duties and taxes.

Packages are kept at the place indicated on the non-delivery notice for 15 calendar days beginning the day after the non-delivery notice is provided.

Article 10: Order tracking

The details of order tracking shall depend upon the delivery method chosen by the Customer.

The Customer must refer to the information on the Site for details about each of the available delivery methods and their associated tracking methods.

Packages are generally shipped within 48 hours of payment. The standard shipping method is tracked regular delivery for orders under 250 g and tracked Colissimo delivery, which requires a signature.

Article 11: Delivery timeframe

The goods shall be delivered to the Customer within 15 (FIFTEEN) days of the order’s validation by the Company.

In accordance with article L121-20-3 of the French Consumer Code, if the Company cannot deliver the goods within 15 days, the Customer shall be entitled to request reimbursement of the amount he/she has paid.

In the event that it becomes impossible for the Company to deliver the goods on time due to a delay from the supplier or any other event, the Customer shall be informed as soon as possible by whatever means are necessary.

The Customer can then choose from the following options:

  • Grant the Company additional time to deliver his/her order
  • Request that the amount paid be transformed into credit for another order
  • Ask for reimbursement of the amount that he/she has already paid

Article 12: Right of cancellation

Exercising the right of cancellation:

The Customer has a right of cancellation that can be exercised within 14 (FOURTEEN) days beginning the day on which the good(s) ordered are received.

If the last day of this period falls on a bank holiday or a Saturday or Sunday, it shall be extended until the first following working day.

If the Customer incorrectly exercises his/her right of cancellation, the fees for returning the product(s) shall be his/her responsibility and cannot be paid by the Company.

If the Customer wishes to exercise his/her right of cancellation, he/she shall be reimbursed for the amounts he/she has paid for the items in question, after deduction of the fees for returning the merchandise to the shop.

Reimbursement for an order that has been cancelled shall take place within a maximum of 30 days.

This 30-day period begins the day that the Company receives notification of the Customer’s exercising of his/her right of cancellation.

The right of cancellation must be exercised in writing at the Customer’s choice:

 

By email: boutique@seashepherd.fr

By post:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasseley, FRANCE

Procedure for merchandise returns:

If the Customer wishes to exercise his/her right of cancellation, he/she must formulate the request to the Site according to the steps described in the paragraph above.

The Company shall send the Customer a return voucher, by whatever means are expedient, so that he/she can return the products.

The products must be returned in their original state, with all the parts they are composed of (instruction notice, packaging, etc.).

If the products are not returned in their original state, the Customer cannot claim any reimbursement.

Reimbursement of the products is made after a deduction of the return delivery fees.

Article 13: Limitation to the right of cancellation

The right of cancellation may not be exercised if the products have already been used by the Customer.

The right of cancellation is nullified if the labels of clothing have been cut off, or if the packaging of a CD or DVD has been opened.

Books cannot be returned or exchanged.

Similarly, blister-wrapped products cannot be returned if the Customer has broken the blister seal.

Article 14: Intellectual property/brand

All logos, brands and illustrations are the property of SEA SHEPHERD CONSERVATION SOCIETY. Any reproduction is strictly reserved and subject to the authorisation of SEA SHEPHERD.

Any infringement of the rights of SEA SHEPHERD by the Customer or a third party is punishable by law.

Article 15: French Data Protection Act

As per the French Data Protection Act of 6 January 1976, Customers are entitled to access, change, correct and delete personal data about them.

To request a change or deletion, Customers can send a written request to the following address:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasseley, FRANCE

Or by email to: boutique@seashepherd.fr

Information related to Customers shall not be shared with third parties.

The Company has stated to the Commission Nationale de l'Informatique et des Libertés (French National Data Protection Commission) that it processes personal data under the declaration number 1931623 v 0.

The Customer can subscribe to the Site’s newsletter, receive promotional postal mail, personalised offers, etc.

These free subscriptions may be discontinued at any time by the Customer.

Article 16: Applicable law

The law applicable to relations between the Company and its Customer is French law.

In the event of a dispute, only French courts shall have jurisdiction.

Article 17: Independence of clauses:

In the event that one of the clauses of these T&C is invalidated or deemed never to have existed, this shall not affect the validity of the other clauses.

Article 18: Donations through the Site

Donations made through the online shop boutique.seashepherd.fr (established or variable-amount donations) are transferred to the beneficiary associations as soon as they are received.

The conditions of tax deductibility may vary from one association to another. The donor is informed of these conditions before he/she confirms the donation.

Any tax receipts that may apply are issued and sent to the Customer by the beneficiary associations.

The sending of tax receipts generally takes place in the first few weeks of the calendar year following the year of the donation and, at latest, before the closing date for tax declarations of natural persons.

 

Article 19: Disputes, mediation clause

In the event that a difficulty arises, the Customer undertakes to inform the Company and to contact its customer service department as soon as possible so that a rapid solution to the difficulty may be found.

The Customer may contact the Company by email at: boutique@seashepherd.fr

Or by post at:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasseley, FRANCE

If no satisfactory solution to the dispute can be found, a mediator must be appointed by the first party to act.

The fees necessary to begin the mediation process shall be paid by the first party to act.

If it proves impossible to reach an agreement at the end of this mediation process, the party who is not satisfied may take the issue to a competent French court.