General conditions of use and sale

Preamble :

The purpose of these General Terms and Conditions of Sale (hereinafter GTC) is to establish the framework for relations between SEA SHEPHERD and the customer of the online store. The proceeds from sales made on the SEA SHEPHERD online store will be used to finance the activities of the SEA SHEPHERD FRANCE Association.

Any customer of the SEA SHEPHERD FRANCE online store must read these T&Cs.

These T&Cs have contractual value between the customer and the online store; any transaction made on the site is governed by these T&Cs.

The General Terms and Conditions are accessible from the store, as well as at the time of purchase where a hyperlink will refer the customer to this document; likewise, the customer can download them to refer to them later in the transaction carried out on the site.

A box "I have read and accept the General Conditions of Sale of the site" must be checked by the customer before proceeding with any transaction with the SEA SHEPHERD online store. The customer who checks this box will be deemed to have read the General Conditions of Sale of SEA SHEPHERD and to have accepted them without reservation.

No transaction may be concluded without these General Terms and Conditions being previously accepted without reservation by the Client.

In the event of a dispute, these General Terms and Conditions shall be deemed to confirm or invalidate the claims of the parties to this contract.

Article 1: The seller

The seller is the single-member simplified joint-stock company SEA SHEPHERD BOUTIQUE (hereinafter “the Company”), which company is directly linked to the Ocean Defense Association SEA SHEPHERD FRANCE.

The Company is registered with the RCS of LYON under number RCS 752 918 938 and has a capital of €5,000.

The registered office of the Company is located:

319, Plantin Climb
69380 Chasselay

Article 2: Contact

You can contact the site administrator for any questions:

• Via the email address: sav@seashepherd-shop.com
• By mail :

SEA SHEPHERD BOUTIQUE
319, Plantin Climb
69380 Chasselay

Article 3: the Site

The Company's Site is accessible with any internet connection; visiting this space will not incur any additional costs from the Client's internet access provider.

Article 4: Recipient

The Company's merchant site is intended for the sale of goods to individuals, natural persons, for personal use only.

The creation of a personal customer account is necessary for placing a first order and can be used for subsequent orders.

The Customer placing an order on the Site declares to be of legal age and to have full legal capacity to adhere to these General Terms and Conditions and conclude a transaction on this site.

The Customer also declares that he is a natural person consumer and is making his purchases for his personal use.

Article 5: Products

The Site offers consumer customers various goods within the limits of available stocks.

In the event that one or more goods ordered by the customer are missing for any reason whatsoever, the Company may offer the Customer a refund or a purchase voucher for an amount equal to that of the products which cannot be shipped to the customer.

Each of the available products are described on the site.

The products offered on the site are guaranteed to have been manufactured with the greatest possible respect for the environment.

The images presented on the site are not contractual. Under these conditions, the Company cannot be held responsible in the event of minor modifications to the product or differences in the packaging of the item(s).

Beyond the 14 day period after delivery, no item will be returned or exchanged.

Limitation of liability:

The Company is not the producer of the products on sale on the online sales site boutique seashepherd.com, within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.

The Company shall not be held liable for any damage caused to a person or property by a product defect or by improper use of the products marketed or by modifications to the products resulting from the manufacturers.

Only the responsibility of the producer of this product may be sought by the consumer, on the basis of the information appearing on the packaging of said product.

The Company cannot be held responsible for delays or impossibilities in the event of force majeure.

Article 6: Pricing

Price :

The prices displayed are expressed in euros, excluding shipping costs, and applicable while stocks last.

Prices are subject to change at any time without prior notice.

The price applicable to the Customer's transaction will be the one in effect at the time the order is finalized, subject to product availability. The consumer will not be able to claim a rate applicable to an out-of-stock item.

Shipping cost :

Delivery costs are indicated in the basket when finalizing your order.

The amount of the delivery costs takes into account the weight of the items that the Customer orders according to the price lists applied by our transport service providers.

Article 7: Payment terms

The full amount of the order, including delivery costs, must be paid by the Customer for the Company to proceed with the shipment.

The Company will remain the owner of the goods ordered by the Customer until this payment has been fully honored by the latter.

Partial payment of the amount of an order will be considered as a deposit and not as a down payment.

Full payment of the price of the order must be made within five days of the order being placed on the website.

Beyond this period of 5 (FIVE) days, the order will be cancelled and the sums paid converted into credit which can be used for a future order on the Company's website.

This credit will be valid for a period of 6 (SIX) months, after this period, if the Customer has not used this credit, it will be lost and the sums will be definitively acquired by the SEA SHEPHERD France Boutique as damages for non-fulfilment of the initial order.

The Customer, for the purpose of paying for his order, may use the services offered by the Company's website:

• Bank cards,
• Paypal,
• Bank transfers on prior request

Payment by check is not accepted. For each of the Customer's orders, an invoice will be issued by the Company. The Customer's invoices will all be accessible from the Company's Website on the Customer's account.

In addition to making invoices available on the Site, the Company will not send an invoice in paper format to the customer.

Article 8: Order incident:

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

• Fraud
• Payment incident on current order
• Any incident on a previous order

It is also specified that for orders of an amount greater than 150 euros, the Company reserves the right to contact the Customer or not, by any means, in order to verify whether there has been abusive use of a means of payment.

In the event that the person contacted is unable to confirm that they are the holder of the means of payment and have placed an order on the Site or in the event of no response, the Company will be entitled to cancel the disputed order, and any sums paid will be refunded to the holder of the means of payment used for the transaction.

Article 9: Delivery terms

After validation and packaging of the online order by the Company's team, the Customer's product(s) will be sent to a service provider so that the item(s) can be sent to the address that the Customer indicated at the time of purchase.

The Company cannot be held responsible in any way for errors made by the Customer when transcribing the recipient's address. The items are delivered to mainland France, the French overseas departments and territories, Europe and worldwide.

Shipping costs include packaging, handling and postage. They may contain a fixed part and a variable part depending on the price or weight of your order. We advise you to group your purchases into a single order. We cannot group two separate orders and you will have to pay the shipping costs for each of them. Your package is shipped at your own risk, special care is taken with packages containing fragile products.

Packages are oversized and protected

Items to be delivered against signature are presented to the address indicated on the item and delivered to the recipient or his representative present at the address against signature.

The signature affixed next to the name, as well as its reproduction, constitute proof of delivery of the shipments. The parties recognize a legal value identical to the traditional signature on paper and to the digital signature.

The recipient or their representative may be asked to prove their identity by producing an official identity document.

If the recipient or their representative is absent or unable to provide proof of identity, the delivery person will not deliver the item and will leave a delivery notice.

Collection from the location indicated on the delivery notice of a postal item requires the presentation by the recipient, or their representative, of this delivery notice and an official identity document, as well as the signature of the recipient, or their representative, for items delivered against signature. It may give rise to the collection of duties and taxes.

Shipments are kept at the location indicated on the delivery notice for 15 calendar days from the day after the delivery notice is left.

Article 10: Order tracking

Order tracking will depend on the shipping method chosen by the customer.

The customer must refer to the information on the Site for details on each of the available delivery methods and their specific tracking methods. Packages are generally shipped within 48 hours of receipt of your payment. The standard shipping methods are: tracked letter for orders under 250g, delivery to a Chrono 2 Shop Direct* relay point for orders to France up to 3kg and tracked Colissimo, delivered with or without signature depending on the customer's choice. It is also possible to choose Chronopost CHR18 delivery. However, these delivery times do not take into account the 48-hour preparation time.

*The relay point must be selected after payment of the order and the provision of a mobile phone number is essential for the Chrono 2 Shop Direct mode.

Article 11: Delivery times

The goods will be delivered to the Customer within 15 (FIFTEEN) days after the order has been validated by the Company.

In the event that the Company is unable to meet these deadlines, the customer would be able to request reimbursement of the sums he has paid, in accordance with article L121-20-3 of the Consumer Code.

In the event of an inability to deliver on time due to a supplier delay or any other event, the customer will be informed as soon as possible by any means.

The Customer may choose one of the following options:

• Grant the Company additional time to deliver its order
• Request the conversion of the amounts paid into credit for another order,
• Request reimbursement of the amounts he has already paid.

The following delivery times are given on the site as an indication for Metropolitan France:

Tracked letters: 3 to 4 days (excluding public holidays)

Colissimo: 2 to 3 days (excluding public holidays)

Chronopost CHR18: 24 to 48 hours (excluding weekends and public holidays)

Chrono 2 Shop: at a relay point within 2 to 4 days (excluding weekends and public holidays)

Article 12: Right of withdrawal

Exercising the right of withdrawal:

The Customer has a right of withdrawal which can be exercised within the period of 14 (FOURTEEN) days which begins upon receipt of the good(s) ordered.

If the end of this period falls on a public holiday, a Saturday or a Sunday, it will then be extended until the next working day.

In the event that a customer exercises their right of withdrawal, the costs of returning the product(s) will remain the responsibility of the latter and cannot be borne by the Company.

If the Customer wishes to exercise his right of withdrawal, he will be reimbursed for the sums he has paid for the products subject to his right of withdrawal.

The reimbursement of an order which has been the subject of a withdrawal will be made within a maximum period of 30 days.

This 30-day period is calculated from the receipt by the Company of notification of the exercise of the Customer's right of withdrawal.

The Right of withdrawal must be formulated in writing, at the Customer's choice via:

• The contact form available on the Boutique website*
• Email address: sav@seashepherd-shop.com
• By post to the address:

SEA SHEPHERD BOUTIQUE
319, Plantin Climb
69380 Chasselay

Terms of return of goods:

If the Customer wishes to exercise his right of withdrawal, he must expressly make his request to the site as mentioned in the paragraph above.

The products must be returned in their original condition, with all the elements that compose them (technical instructions, packaging, etc.).

If the products are not returned in their original condition, the Customer will not be entitled to any refund.

Please note that return costs are the responsibility of the customer.

Article 13: Limits to the right of withdrawal

The Right of withdrawal cannot be exercised, in particular, if the products have already been used by the Customer.

The right of withdrawal is excluded in particular if the labels of the clothes have been cut, if the packaging of the CDs and DVDs has been opened.

Books, underwear and cosmetics are neither returned nor exchanged.

Likewise, products packaged in blister packs will not be refunded if the blister pack has been opened by the Customer.

Article 14: Intellectual property/trademark

All logos, brands, illustrations are the property of SEA SHEPHERD FRANCE, any reproduction is strictly reserved and subject to authorization from SEA SHEPHERD FRANCE.

Any infringement of SEA SHEPHERD's rights by the Client or a third party will be subject to prosecution.

Article 15: Data processing and freedom

In accordance with the Data Protection Act of 6 January 1978, the Client has the right to access and rectify their personal information.

The Customer may request the rectification or deletion of information concerning him/her by post, to the postal address:

SEA SHEPHERD BOUTIQUE
319, Plantin Climb
69380 Chasselay

Or via the email address: sav@eashepherd-shop.com

Information concerning Customers will not be communicated to third parties.

The Company has declared to the CNIL the processing of personal data under declaration number: 1931623 v 0

The Customer has the option of subscribing to the Site's newsletter, receiving promotional emails, personalized offers, etc.

These free subscriptions can be interrupted at any time by the customer.

Article 16: Applicable law

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

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

Article 17: Independence of clauses:

In the event that one of the clauses of these General Terms and Conditions is invalidated or deemed unwritten, the validity of the other clauses shall not be affected.

Article 18: Special case of the transmission of donations

Donations made through the boutique.seashepherd.fr website store (fixed or voluntary donations) are forwarded to the beneficiary associations upon receipt.

The conditions for tax deductibility may vary from one association to another, and are brought to the attention of the donor prior to confirmation of their donation.

The issue and sending of tax receipts are carried out, where applicable, by the beneficiary associations.

The sending of tax receipts takes place, as a general rule, in the first weeks of the calendar year following the year of the donation and, in any case, before the closing date of the tax returns of individuals.

Article 19: Dispute, mediation clause

In the event of a difficulty arising, the Customer undertakes to inform the Company and contact its customer service as soon as possible in order to find a rapid solution to the problem.

The Customer can contact the Company via the contact form on the Boutique website* or at the address sav@seashepherd-shop.com

Or by post to the address:

SEA SHEPHERD BOUTIQUE
319, Plantin Climb
69380 Chasselay

In the absence of a satisfactory conclusion to the dispute, a mediator must be appointed by the most diligent party.

The costs necessary for the introduction of mediation will be advanced by the most diligent party.

If an agreement cannot be reached at the end of this mediation, the dissatisfied party may refer the matter to the competent French state court.

*if however you encounter a problem accessing the contact form you can send your requests to the following email address: boutique@seashepherd-shop.com but we strongly recommend that you use the form as the processing time will be greatly accelerated.