General terms and conditions of sale

ARTICLE 1 – Scope of application

The present General Conditions of Sale apply, without restriction or reservation, to all sales concluded by NETHUNS DIVING, a limited liability company with a capital of 1.1,000, whose registered office is located in TOULON (83000), 31 rue Chevalier Paul, and registered in the TOULON Trade and Companies Register under number 922 527 643 (“the Vendor”) to consumers and non-professional buyers (“the Customers”), wishing to acquire the products offered for sale by the Vendor (“the Products”) on the website www.nethuns-diving.fr (the “Website”).
They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, stated on the Website, before any transaction with the Customer.
The present General Conditions of Sale apply to the exclusion of all other conditions, and in particular by means of other distribution and marketing channels.
They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the Website at the date of placing the order.

ARTICLE 2 – Products offered for sale

The Products governed by these General Terms and Conditions of Sale are those offered for sale on the Website.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs presented on the Website are not contractual and cannot engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges that he/she is of legal age and has the required capacity to contract and acquire the Products offered on the Website.

ARTICLE 3 – Period of validity of the offer of Products

Product offers are subject to availability, as specified when the order is placed.

ARTICLE 4 – Seller’s contact information

The Seller’s contact information is as follows:

NETHUNS DIVING, a limited liability company with a capital of 1,000 euros, whose registered office is located in TOULON (83000), 31 rue Chevalier Paul, and registered in the TOULON trade and companies register under number 922 527 643
E-mail address: contact@nethuns-diving.fr
Phone number: 07.63.47.71.26
Intracommunity VAT number : FR87922527643
Identity of the Website host : Six Pixels – Head office : 1280 Rocade des playes, 83 140 Six Fours Les Plages, France / contact@sixpixel.fr /siret : 80 834 413 900 015

ARTICLE 5 – Orders

5-1 . Placing the order

It is up to the Customer to select the Products he/she wishes to order on the Website.
To place an order, the Customer must identify himself with his email address and his password to open his customer account.
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The Customer accepts the present General Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Conditions of Sale as well as the confidentiality policy.
Once the shopping cart is validated, the Customer who has a customer account in which his address and delivery method as well as his e-mail address have been pre-registered, validates his payment method.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
The Seller shall acknowledge receipt of the order as soon as it has been validated by sending the Customer an email in which a link to the present General Terms and Conditions of Sale shall be mentioned.
In some cases, notably for non-payment, wrong address or any other problem related to the customer account, the Seller reserves the right to block the order until the problem is resolved.
In case of unavailability of a Product ordered, the Customer will be informed by email. The cancellation of the order of this Product and its possible refund (only the Products available at the time of the order can be the subject of a withdrawal, as opposed to the deferred Products), will then be carried out, the remainder of the order remaining firm and definitive.
The sale is final only after the confirmation of the acceptance of the order by the Vendor is sent to the Customer by e-mail, which must be sent without delay, and after the Vendor has collected the full price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Internet Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the evolution of his order on his customer account.

5-2 . Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3 . Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except for the exercise of the right of withdrawal or in case of force majeure.

ARTICLE 6 – Rates

The Products are supplied at the prices in force on the Website, at the time the order is registered by the Seller. The prices are expressed in Euros including VAT.
The prices take into account any discounts that may be granted by the Seller on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the Website and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 7 – Terms of payment

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms and conditions:

• by credit cards: Bank card, Visa, MasterCard, American Express, other bank cards. After choosing the method of payment by credit card, the Customer is redirected to the secure interface of the payment system in order to enter his personal credit card details in complete security. Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
The Website is subject to a security system: the SSL encryption process has been adopted, but all the scrambling and encryption processes have also been strengthened to protect all the sensitive data related to the means of payment as effectively as possible.

ARTICLE 8 – Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France within the shipping time indicated on the Product sheet, plus the processing and delivery time to the address indicated by the Customer when ordering on the Website.
An e-mail will be sent to the Customer to inform him/her of the shipment of the Products.
The Customer has the option to choose between different means of delivery. Shipping costs are calculated according to the delivery method chosen (home, relay point, post office…), the weight of the package and the destination.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication. If the ordered Products were not delivered after a formal demand of the Customer to carry out the delivery of the Product within a reasonable additional time after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer under the conditions envisaged in the article L 216-6 of the Code of the consumption However, the Customer may immediately withdraw from the contract if the ordered Products have not been delivered within the mentioned period and if this period constitutes for the Customer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract. The sums paid by the Customer will then be returned to him at the latest in the fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to refund the Customer, as indicated in the article – “Seller’s Responsibility – Guarantee”.
The Seller shall bear the risks of transport and shall be obliged to reimburse the Customer in case of damage caused during transport.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the delivered products.
The Seller shall refund or replace as soon as possible and at its own expense, the delivered Products for which the defects of conformity or the apparent or hidden defects will have been duly proven by the Customer, under the conditions provided for in Articles L 217-3 and following of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

ARTICLE 9 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller’s Products to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products travel at the risk of the Seller.

ARTICLE 10 – Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Seller of the Customer’s decision to withdraw.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
All Products can be retracted, except those excluded by the law in article L221-28 of the Consumer Code, for example Products that have been customized at your request, Products that have been unsealed and cannot be returned for reasons of hygiene, audio or video recording Products or unsealed computer software etc…
The right of withdrawal can be exercised online, using the withdrawal form available here, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs will be borne by the Customer.
The refund will be made within 14 days of the notification to the Seller of the decision to withdraw. Refunds may be deferred until recovery of the goods sold or until Customer has provided proof of shipment of such goods, whichever comes first.

ARTICLE 11 – Seller’s liability – Warranty

The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Vendor shall benefit from the right of withdrawal by operation of law and without additional payment, in accordance with the legal provisions,

• the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,

under the conditions and according to the modalities mentioned in the box below and defined in the appendix to the present General Sales Conditions (Guarantee of Conformity / Guarantee of Hidden Defects).
The contact details of the person responsible for legal guarantees are as follows

• NETHUNS DIVING, a limited liability company with a capital of 1,000 euros, whose registered office is located in TOULON (83000), 31 rue Chevalier Paul, and registered in the TOULON trade and companies register under number 922 527 643
• E-mail address: contact@nethuns-diving.fr
• Phone number: 07.63.47.71.26

“The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
“When the contract of sale of the good provides for the supply of a digital content or a digital service in a continuous manner for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
“The legal guarantee of conformity implies an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
“The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, without charge and without major inconvenience to him.
“If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
“If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
“The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by receiving a full refund in exchange for the return of the good, if:
“(1) The trader refuses to repair or replace the property;
“(2) The repair or replacement of the property occurs after a period of thirty days ;
“(3) The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the nonconforming good, or if the consumer bears the cost of installing the repaired or replacement good ;
“4° The non-conformity of the property persists despite the seller’s unsuccessful attempt to bring it into conformity.
“The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the good beforehand.
“The consumer is not entitled to rescind the sale if the lack of conformity is minor.
“Any period of immobilization of the property for the purpose of its repair or replacement suspends the warranty that remained until the delivery of the restored property.
“The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
“The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
“The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.”

In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products or of the discovery of hidden defects within the above-mentioned deadlines and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.
The Product shall be brought into conformity within thirty days of the Customer’s request. Repair or replacement of nonconforming property shall include, if applicable, removal and return of such property and installation of the repaired or replacement property by Seller.
The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The responsibility of the Seller shall not be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

The Seller’s warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
Where applicable, the Product acquired also benefits from a commercial manufacturer’s warranty (refer to the conditions of the manufacturer’s warranty possibly provided in the packaging of the said Product).

ARTICLE 12 – Protection of personal data

In accordance with the regulations on the protection of personal data, the Customer is informed that the Seller, as the data controller, implements a processing of personal data.

To learn more about this processing of personal data and the extent of their rights, Customers are invited to refer to the Personal Data Protection Policy, available at: https: //www.nethuns-diving.fr/politique-de-confidentialite

ARTICLE 13 – Intellectual Property

The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 14 – Anticipation

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

ARTICLE 15 – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 16 – Applicable Law – Language

The present general conditions of sale and the operations which result from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 – Disputes

All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
In addition, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the service of the Tourism and Travel Ombudsman, whose contact details and methods of seizure are available on the website: www.mtv.travel.
After a prior written request to the Seller and in case of a complaint not amicably resolved by the latter, the service of the mediator may be contacted for any consumer dispute whose settlement has not been reached.
The Customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of the article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, compensation in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedom.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court 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/

ARTICLE 18 – Pre-contractual information – Customer acceptance

The fact that a natural person (or legal entity) places an order on the Website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller.

Version of 18/14/2023