General conditions of sale of services

ARTICLE 1 – Scope of application

The present General Terms and Conditions of Sale of Services (“the GTCS”) apply, without restriction or reservation, to all sales concluded by 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 (“the Seller”) to consumers and non-professional purchasers (“the Customers”), wishing to book scuba diving outings or training courses (“the Services”), from a boat (“the Boat”) offered for sale by the Seller on the website www.nethuns-diving.com (the “Website”) or in its catalog.

They specify in particular the conditions for placing an order, payment, and realization of the Services ordered by the Customers.

These GSTP may be supplemented by special terms and conditions, which may be posted on the Website or sent to the Customer by e-mail, prior to any transaction with the Customer.

These GTCS apply to the exclusion of all other conditions.

They are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.

These GSTP 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 or those sent by email with the quote.

The Customer declares to have read and accepted the GCVPS before placing the order.

The validation of the order by the Customer implies acceptance without restriction or reservation of the GSTP.

The Customer acknowledges that he/she has the required capacity to contract and acquire the proposed Services.

ARTICLE 2 – Services offered for sale

The main characteristics of the Services, and in particular the content of the diving services, are presented in the Vendor’s catalog or on its Website. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Service in order to know its properties and essential features.

The offers of Services are subject to availability, as specified when the order is placed.

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

ARTICLE 3 – 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 4 – Orders

4-1 . Placing the order

Order on the Website

It is the Customer’s responsibility to select the Services 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 must select the dates of performance of the Services according to the Services selected.

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 GSTP by checking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present CGVPS as well as the privacy policy.

Once his basket is validated, the Customer validates his payment method.

Any order implies acceptance of the prices and descriptions of the Services 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 these GSTPS 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 an ordered Service, the Customer will be informed by email. The cancellation of the order of this Service and its possible refunding, 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.

The Customer will be able to follow the evolution of his order on his customer account.

Order on site, by phone or by email

The Customer shall send a request for a reservation of Services to the Seller on the spot at the Boat moored at Quai Séverine, breakdown H 83430 Saint-Mandrier-sur-Mer, by telephone at +33 (0) 7 63 47 71 26 or by e-mail at contact@nethuns-diving.fr. Within 48 working hours of this reservation request, the Seller sends the Customer an estimate by e-mail, together with the GSTP.

The Customer who accepts the estimate, must give it to the Seller or return it signed with the mention “Good for agreement”, accompanied by the GTCPS also signed, within the validity period of the estimate, by e-mail to the following address: contact@nethuns-diving.fr.

Upon receipt of these elements and depending on the payment method chosen, the Seller will send the Customer a link for payment by credit card or the RIB of his bank account.

The sale shall be considered final only after full payment of the purchase price and after the Seller has given or sent the Customer confirmation of acceptance of the order.

Various

It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

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.

4-2 . Cancellation of the order

At the Customer’s initiative

Once confirmed and accepted by the Seller, under the conditions described above, except in cases of force majeure, the Customer may only cancel or modify his order if he sends a request for modification or cancellation to the Seller more than seven (7) calendar days before the date scheduled for the start of the Service.

If the request for change is made within this time frame, Seller will offer Customer alternative dates for performance of the Service. If no agreement can be reached on the postponement of the Service, the Seller will reimburse the Customer within fifteen (15) business days.

If the cancellation request is made within this period, the Seller shall refund the Customer within fifteen (15) business days.

Requests for changes or cancellations should be made by email to contact@nethuns-diving.fr.

Any request for cancellation or modification made less than seven (7) days before the date scheduled for the start of the Service will not give rise to any refund or proposal for rescheduling.

Any Service started will not be refunded at the request of the Customer, for any reason whatsoever (health problems, fear, stress…).

At the initiative of the Seller

The Seller reserves the right to cancel a Service, in particular an Open Water Diver training course, if the number of people registered two (2) calendar days before the start of the Service is insufficient. The Seller will offer the Customer other availabilities for the execution of the Service according to the available places. If no agreement can be reached on the postponement of the Service, the Seller will reimburse the Customer within fifteen (15) business days.

The Seller reserves the right to cancel a Service due to exceptional circumstances such as adverse weather conditions, accident on the Vessel, damage. The Seller will offer the Customer other dates for the execution of the Service depending on the availability of places. If no agreement can be reached on the postponement of the Service, the Seller will reimburse the Customer within fifteen (15) business days.

ARTICLE 5 – Rates

The Services are provided at the rates in effect on the Website or in the Seller’s price list at the time the order is placed 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 or in the Seller’s catalog, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

ARTICLE 6 – 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;
• by transfer to the Seller’s bank account.

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 terms, to suspend or cancel the delivery of orders or the execution of Services 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 7 – No right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, as this is a leisure activity to be provided at a specific date or period, the Customer does not benefit from the 14-day right of withdrawal provided for in article L221-18 of the French Consumer Code.

ARTICLE 8 – Customer’s responsibility

The Customer has the obligation before ordering a Service, to verify that it meets the prerequisites requested, including:

• to be in possession of a medical certificate of non-contra-indication to the practice of scuba diving of less than one year;
• not to present any pathology that could contraindicate the practice of scuba diving;
• to carry with him all the treatments and medicines that his state of health requires, when it does not contraindicate the practice of scuba diving.

The Website and the Seller’s catalog mention the necessary requirements for each Service.

The Customer must send the original documents requested if necessary (medical certificate, identity card, etc.) before the start of the Service. If the Customer fails to do so, the Seller reserves the right to cancel the Customer’s order, at its sole expense and without refund.

ARTICLE 9 – Certification

The validation of a diving level is sanctioned by the success of practical and/or theoretical tests. The Seller reserves the right not to issue a level of diving if the Customer has not achieved the minimum skills for the level claimed by the training. In this case, no refund will be given.

The Seller is the sole judge of the Customer’s level.

ARTICLE 10 – Equipment made available

The Customer undertakes to use the equipment provided with care and to take all necessary precautions to avoid damaging it, losing it or having it stolen. The Customer also agrees to follow the instructions of the instructor or guide on the use of the equipment during its installation, use and return.

Any return of an item in a different condition from that in which it was made available shall be deemed to be damage. In this case, the Seller may ask the Customer to compensate it for the repair of the damaged material or for the replacement of the material if its repair is not possible. It is specified that normal wear and tear of the equipment will not be considered as damage.

ARTICLE 11 – Rules of life

Any order of a Service implies the acceptance and respect of the rules of life and safety within the diving center. Any breach of these rules that would disrupt the proper functioning or safety of the Services or of the Clients or any other person may have consequences that could go as far as the exclusion of the author(s) without any refund being claimed.

It is forbidden to smoke on board the boat.

The Seller is in no way responsible for the objects left on the boat. Seller shall not be responsible for theft or loss of Customer’s personal property.

Minors must present parental permission to perform the Services.

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 – Resolution of the contract

In the event of non-compliance by either party with its obligations as set forth in the quotation and in the articles of the GCSPS, the contract may be terminated at the option of the injured party.

It is expressly understood that such termination for failure of a party to perform its obligations shall take place by operation of law eight days after a formal notice to perform has been sent and has remained, in whole or in part, without effect. The notice of default may be notified by registered letter with acknowledgement of receipt or by e-mail.

Such notice shall state the intention to enforce this clause.

In any event, the injured party may seek damages in court.

ARTICLE 18 – Disputes

All the litigations to which the operations of purchase and sale concluded in application of the present CGVPS 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 19 – 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 Services 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 Vendor

Version of 18/14/2023