General conditions of use and sale

Preamble:

The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS") is to establish the framework for the relationship between SEA SHEPHERD and the customer of the online shop. The proceeds from sales made on the SEA SHEPHERD online shop are intended to fund the activities of the SEA SHEPHERD FRANCE Association.

Every customer of the SEA SHEPHERD FRANCE online shop must read these GTCS.

These GTCS have contractual value between the customer and the online shop; any transaction made on the site is governed by these GTCS.

The GTCS are accessible from the shop, as well as at the time of purchase, where a hyperlink will redirect the customer to this document; likewise, it is possible for the customer to download them for future reference after the transaction has been completed on the site.

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

No transaction may be concluded without these GTCS being previously accepted without reservation by the Customer.

In the event of a dispute, these GTCS shall prevail to confirm or refute the claims of the parties to this contract.

Article 1: The Seller

The seller is the simplified joint-stock company with a sole shareholder (SASU) SEA SHEPHERD BOUTIQUE (hereinafter "the Company"), which is in direct connection with the ocean defense association SEA SHEPHERD FRANCE.

The Company is registered in the LYON Trade and Companies Register (RCS) under number 752 918 938 and has a capital of €5,000.

The Company's registered office is located at:

319, Montée du Plantin
69380 Chasselay

Article 2: Contact

You can contact the site administrator for any questions:

  • Via email: sav@seashepherd-shop.com
  • By post:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasselay

Article 3: The Site

The Company's Site is accessible with any internet connection; visiting this area will not entail any additional cost from the Customer's internet service provider.

Article 4: Recipient

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

The creation of a named customer account is necessary for placing a first order and may be used for subsequent ones.

The Customer placing an order on the Site declares that they are of legal age and have full legal capacity to adhere to these GTCS and conclude a transaction on this site.

The Customer also declares that they are a consumer who is a natural person and that they are making their purchases for 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 voucher for an amount equal to that of the products that cannot be shipped to the customer.

Each of the available products is 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 liable in the event of a minor modification to the product or a difference in the packaging of the item(s).

Beyond the 14-day period after delivery, no item will be taken back 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 cannot be held liable for damage caused to a person or property by a product defect or by improper use of the marketed products or modifications to the products resulting from the manufacturers.

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

The Company cannot be held liable for delays or impossibilities in cases of force majeure.

Article 6: Pricing

Price:

The prices displayed are in euros, excluding shipping costs, and are applicable within the limits of available stock.

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

The price applicable to the Customer's transaction will be that in force at the time of finalizing the order, subject to product availability. The consumer may not claim a rate applicable to an out-of-stock item.

Delivery costs:

Delivery costs are indicated in the basket at the time of 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 scales applied by our carrier service providers.

Article 7: Payment terms

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

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

Partial payment of an order amount will be considered a deposit and not a down payment (arrhes).

Full payment of the order price must take place within five days of the order on the website.

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

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

For the purpose of paying for their order, the Customer may use the services offered by the Company's site:

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

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

Besides making the invoices available on the Site, the Company will not send paper invoices to the customer.

Article 8: Order incident:

The Company reserves the Right to cancel the order in the event of any irregularity and in particular in the following cases:

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

Furthermore, it is specified that for orders amounting to more than 150 euros, the Company reserves the Right to contact the Customer or not, by any means, for the purpose of verifying 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 that they did indeed place the order on the Site, or in the absence of a response, the Company will be entitled to cancel the disputed order; 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 handed over to a service provider so that the item(s) can be routed to the address that the Customer indicated at the time of their purchase.

The Company cannot be held liable in any way for errors committed by the Customer when transcribing the recipient's address. Items are delivered in metropolitan France, in the French overseas territories (DOM-TOM), in Europe, and worldwide.

Shipping costs include packaging, handling, and postal fees. 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 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.

Shipments requiring a signature are presented at the address indicated on the shipment and delivered to the recipient or their representative present at the address against a signature.

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

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

In the event of absence or inability for the recipient or their representative to prove their identity, the delivery agent will not hand over the shipment and will leave a notice of passage.

Withdrawal at the location indicated on the notice of passage of a postal shipment requires the presentation by the recipient, or their representative, of this notice of passage and an official identity document, as well as the signature of the recipient, or their representative, for shipments delivered against a signature. It may give rise to the collection of duties and taxes.

Shipments are kept at the location indicated on the notice of passage starting from the day after the notice was deposited.

Article 10: Order tracking

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

The customer must refer to the mentions on the Site for details on each of the delivery methods available and their specific tracking procedures. Packages are generally shipped within 48 hours after receipt of your payment. The standard shipping methods are: tracked letter for orders under 250g, Chrono 2 Shop Direct* relay point delivery 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 a Chronopost CHR18 delivery. However, these delivery time indications do not take into account the 48-hour preparation time.

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

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 cannot meet these deadlines, the customer would be able to request a refund of the sums they have paid, in accordance with Article L121-20-3 of the Consumer Code.

In case of impossibility 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 opt for one of the following possibilities:

  • Grant the Company an additional period for the shipment of their order
  • Request the conversion of the sums paid into a credit note for another order,
  • Request a refund of the sums they have 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)

Mondial Relay: in relay point within 3 to 5 days (excluding weekends and public holidays). Packages must be picked up within 5 days after receipt of the notification of availability.

Article 12: Right of withdrawal

Exercising the right of withdrawal:

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

If the end of this period falls on a public holiday, a non-working day, a Saturday, or a Sunday, it will be extended until the first following working day.

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

If the Customer wishes to exercise their right of withdrawal, they will be reimbursed for the sums they have paid for the products subject to their right of withdrawal.

The refund of an order subject to withdrawal will be made within a maximum period of 30 days.

This 30-day period is calculated from the receipt by the Company of the 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 site*
  • The email address: sav@seashepherd-shop.com
  • By post to the address:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasselay

Merchandise return procedures:

If the Customer wishes to exercise their right of withdrawal, they must expressly formulate their 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 manual, packaging, etc.).

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

It is recalled 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 clothing labels have been cut, or if the CD and DVD packaging has been opened.

Books, underwear, and cosmetics are neither taken back nor exchanged.

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

Article 14: Intellectual property/brand

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

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

Article 15: Data protection

In accordance with the Data Protection Act of January 6, 1978, the Customer has a right of access and rectification regarding their personal information.

The Customer may request the rectification or deletion of information concerning them by post to the postal address:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasselay

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

Information concerning Customers will not be communicated to third parties.

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

The Customer has the possibility to subscribe to the Site's newsletter, to receive promotional mail, personalized offers, etc.

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

Article 16: Applicable law

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

In the event of a dispute, only the French courts will be competent.

Article 17: Independence of clauses:

In the event that one of the clauses of these GTCS is invalidated or deemed unwritten, the validity of the other clauses will not be affected.

Article 18: Special case of the transmission of donations

Donations made through the boutique.seashepherd.fr shop site (fixed or free donations) are transmitted to the beneficiary associations upon their receipt.

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

The issuance 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 few weeks of the calendar year following the year of the donation and, in any event, before the closing date for tax returns for natural persons.

Article 19: Dispute, mediation clause

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

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

Or by post to the address:

SEA SHEPHERD BOUTIQUE
319, Montée du Plantin
69380 Chasselay

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

The costs required to initiate 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 any issues accessing the contact form, you may send your requests to the following email address: boutique@seashepherd-shop.com, though we strongly recommend using the form as it will significantly accelerate processing time.