General Conditions of Sale (CGV)

1. OBJECT

The purpose of these general conditions is to define the terms and conditions of sale of the services and products offered on the site by subscription or not (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this frame.

In particular, they are accessible and printable at any time via a direct link at the bottom of the site's home page.

They may be supplemented, if necessary, by conditions of use specific to certain Products or Subscriptions. In the event of a contradiction, the specific conditions prevail over these general conditions.

2. PROVISION OF SERVICES

The Services are provided by the company OCEANSRESPECT, registered with the RCS of MONTPELLIER under number 835 028 051, whose head office is located at 64 chemin des sangliers, 34540 Balaruc-le-Vieux (hereinafter: “Oceansrespect”).

Oceansrespect can be contacted using the following contact details:

• Postal address: Oceansrespect, 64 chemin des sangliers, 34540 Balaruc-le-Vieux
• Email address : contact@oceansrespect.com

3. ACCESS TO THE SITE AND SERVICES

The Services are accessible, subject to the restrictions provided on the site:

• to any natural person with full legal capacity to commit to these general conditions. The natural person who does not have full legal capacity can only access the Site and the Services with the agreement of their legal representative;
• to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

4. ACCEPTANCE OF THE GENERAL CONDITIONS

Any order placed with Oceansrespect on the site Oceansrespect.com therefore entails unreserved acceptance by the Customer of these conditions.

5. REGISTRATION ON THE SITE

• 5.1 Use of the Services requires the Customer to register on the site. The Customer must provide all information marked as mandatory. Any incomplete registration will not allow the order. Any order automatically results in the Customer's registration and the opening of an account in the Customer's name (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space" ) which allows it to manage its use of the Services in a form and according to the technical means that Oceansrespect considers the most appropriate to provide said Services. The User guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not tainted by any misleading character. He undertakes to update this information in their Personal Space in the event of modifications, so that they always correspond to the aforementioned criteria. The User is informed and accepts that the information entered for the purposes of creating or updating their Account constitutes proof of his identity. The information entered by the User is binding upon validation.
• 5.2 The User can access his Personal Space at any time after having identified himself using his connection identifier and his password. The User undertakes to personally use the Services and not to allow no third party to use them in their place or on their behalf, unless they bear full responsibility. They are equally responsible for maintaining the confidentiality of their username and password. He must immediately contact Oceansrespect to the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes Oceansrespects the right to take all appropriate measures in such cases.

6. DESCRIPTION OF SERVICES

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Oceansrespect judges the most appropriate.

7. PAID SERVICES

7.1 SALE OF PRODUCTS AND SUBSCRIPTION

Oceansrespect sells toothbrushes and other hygiene, beauty and fashion products from the site Oceansrespect.com . The Customer purchases Products or recurring subscriptions to receive the products, hereinafter referred to as “Subscription(s)” solely for their personal use and not for commercial purposes. It may not purchase the Products or subscriptions for further distribution or resale or other commercial purposes or for any commercial purpose. Subscription rights and any related privileges are personal and non-transferable.

7.2 PRICE

The price of Products and Subscriptions is indicated on the site.

Unless otherwise stated, they are expressed in euros and all French taxes included.

Oceansrespect reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.

7.3 WITHDRAWAL

In accordance with the provisions of the Consumer Code, the Customer may cancel his order. To do this, he has the right to withdraw. He may exercise it within thirty (30) days from receipt of the Product by him or by a third party designated by him.

Before the expiration of this period of thirty (30) days, the Customer must inform Oceansrespect their decision to withdraw by sending them a message clearly and unambiguously expressing this decision and mentioning their order number addressed to contact@o ceansrespect.com .

The Customer must return the Product, at his own expense, to Oceansrespect , to the address mentioned at the beginning of these General Conditions, in its original packaging and at the latest within fourteen (14) days following communication of its decision to withdraw.

Oceansrespect will reimburse the Customer, including delivery costs, no later than fourteen (14) days from the date on which Oceansrespect actually recovered the Product.

With regard to personalized Products, the provisions of the Consumer Code apply and deprive the Customer of his fourteen (14) day withdrawal period and return of personalized goods. However, O ceansrespect undertakes to examine any return request on contact@oceansrespect.com.

7.4 CANCELLATION OF SUBSCRIPTIONS

As part of a subscription, if you are unhappy with the products for any reason, O ceansrespect will refund the amount paid for the Subscription (less associated fees and handling charges/fees which are non-refundable) in proportion to the products already sent. Reimbursement requests should be sent directly to O ceansrespect has contact@oceansrespect.com . O ceansrespect is not responsible for products that are damaged or lost in shipping.

After receiving your request, O ceansrespect promptly processes your request and then credits the amount paid for the Service (less any shipping and handling/charges related to the original purchase, which are non-refundable) to the credit card used to complete the original purchase.

With regard to personalized Products, the Subscription may be interrupted. However, no refunds can be made.

However, O ceansrespect undertakes to examine any return request on contact@oceansrespect.com .

7.5 SHIPPING AND ACCEPTANCE OF GOODS

For Subscriptions, your first shipment will be shipped within 48 working hours for all products in stock, excluding personalized products. For personalized products, your first shipment will be shipped within 5 business days. The regular shipments that follow will be made between the 20th and 25th of the month (depending on the frequency of your subscription).

For non-subscription Services, shipping is carried out within 48 working hours.

All shipments are sent via the French postal service. The risk of loss and damage for all products purchased via the site is borne by the carrier. However, if the goods are missing from your order, or if the goods are not in good condition upon receipt of the order, you must communicate the information to contact@oceansrespect.com as soon as possible.

Undelivered, late or damaged products:

Oceansrespect is not responsible if non-performance or poor performance of the contract is due to one of the following situations:

• Your action (that is, your doing). Examples: you provide an incorrect delivery address, you drop the package when it is delivered, etc.

  If an order is not delivered or delayed due to incorrect addressing (incorrect address, wrong country or telephone number, etc.), the responsibility falls on you and Oceansrespect cannot be held responsible for delays or non-delivery. .

• Made by a third party (i.e. a person outside the contract).

• Force majeure : Exceptional, unpredictable and irresistible event justifying exemption from an obligation, commitment or responsibility (for example: natural disaster for an insurance contract, death of the employee for an employment contract. ..) (natural disaster, health crisis, etc.). However, a strike in La Poste services is not a case of force majeure because other companies can provide parcel transport.

Error in delivery address:

If your order has not yet been prepared or shipped, contact our customer service promptly so that we can change your delivery address.

You can contact our customer service by e-mail via the contact form or at contact@oceansrespect.com or by telephone/SMS at 07 81 99 14 05 (Non-premium rate call) from Monday to Friday from 9:00 a.m. to 6:00 p.m.

If your order has already been processed by the carrier, no further modifications will be possible.

The package can then either be returned to us if the address does not exist or if the person receiving it refuses it, or it will be delivered to the address indicated by the carrier. You will be responsible for recovering your package by any means.

In the event that your package was lost following the indication of an incorrect delivery address, you will not be able to claim any compensation from Oceansrespect since the company will have delivered the package to the address indicated and therefore fulfilled his contract.

About packages that cannot be delivered :

7.6 PRICE REVIEW

The price of Products and Subscriptions may be subject to review by O ceansrespect at any time, at its discretion. The new prices take effect immediately for any new purchase.

If the price concerns a Subscription with recurring payment, the User will be informed of these modifications by O ceansrespect by email with at least ONE month's notice before the new rates come into effect.

The User who does not accept the new prices must terminate their use of the Services in accordance with the terms provided for in article 18. Failing this, they will be deemed to have accepted the new prices.

7.7 BILLING

The Products and Subscriptions are subject to invoices which are communicated to the User by any useful means.

7.8 PAYMENT TERMS

The terms of payment of the price of the Products and Subscriptions are described on the site.

Payment is made by direct debit from the User's bank card number.

The direct debit is implemented by the payment provider designated on the site, who alone keeps the User's bank details for this purpose. O ceansrespect does not keep any banking details.

The User guarantees to O ceansrespect that he has the necessary authorizations to use the chosen payment method. He undertakes to take the necessary measures so that the automatic debit of the price of the Services can be carried out.

7.9 PAYMENT DELAYS AND INCIDENTS

The User is informed and expressly accepts that any delay in payment of all or part of a sum due when due will automatically result, without prejudice to the provisions of article 12 and without prior notice:

1. the forfeiture of the term of all sums owed by the User and their immediate payment;
2. the immediate suspension of current Services until full payment of all amounts owed by the User;
3. invoicing for the benefit of O cewithout respecting late payment interest at the rate of 4.16% – FOUR point SIXTEEN percent – ​​the legal interest rate, based on the amount of all sums owed by the User.

8. DATA

The User expressly acknowledges and accepts:

1. that the data collected on the site and on the computer equipment of O ceansrespect constitute proof of the reality of the operations carried out within the framework hereof;
2. that these data constitute the only mode of proof accepted between the parties, in particular for the calculation of the sums due to O ceansrespect .

The User can access this data in their Personal Space.

9. USER OBLIGATIONS

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:

• 9.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, he is solely responsible for the proper fulfillment of all formalities, in particular administrative, fiscal and/or social security, and all payments of contributions, taxes or levies of all kinds which are incumbent upon it, where applicable, in relation to its use of the Services. The responsibility of O ceansrespect cannot under any circumstances be held liable in this capacity.
• 9.2 The User acknowledges having read on the site the characteristics and constraints, particularly technical, of all the Services. He is solely responsible for his use of the Services.
• 9.3 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
• 9.4 The User is also solely responsible for the relationships he may establish with other Users and the information he communicates to them within the framework of the Services. It is up to him to exercise appropriate caution and discernment in these relationships and communications. The User further undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
• 9.5 The User undertakes to make strictly personal use of the Services. It therefore undertakes not to assign, grant or transfer all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.
• 9.6 The User undertakes to provide O ceansrespect all information necessary for the proper execution of the Services. More generally, the User undertakes to actively cooperate with O ceansrespect for the proper execution of these presents.
• 9.7 The User is solely responsible for content of any nature (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify it on the site) that it distributes. within the framework of the Services (hereinafter referred to as: the “Contents”). It guarantees O ceansrespect that he has all the rights and authorizations necessary for the distribution of this Content.

  It undertakes to ensure that said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no way likely to put into question game the civil or criminal liability of O ceansrespect .

  The User is therefore prohibited from distributing, in particular and without this list being exhaustive:

  • pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist content,
  • infringing Content,
  • Content that harms the image of a third party,
  • Content that is misleading, misleading or offers or promotes illicit, fraudulent or misleading activities,
  • Content harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),
  • and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.
• 9.8 The User acknowledges that the Services offer him an additional solution but not an alternative to the means he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
• 9.9 The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, no copy of which will be provided to him.
• 9.10 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10. USER WARRANTY

The User guarantees O ceansrespect against any complaints, claims, actions and/or demands whatsoever that Oceansrespect could suffer due to the User's violation of any of its obligations or guarantees under these general conditions.

He undertakes to compensate O ceansrespect of any damage that it may suffer and to pay all costs, charges and/or convictions that it may have to bear as a result.

11. PROHIBITED BEHAVIOR

• 11.1 It is strictly prohibited to use the Services for the following purposes:
  • the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties,
  • breach of public order or violation of laws and regulations in force,
  • intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate its integrity or security,
  • sending unsolicited emails and/or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third-party site,
  • aid or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
  • and more generally any practice diverting the Services for purposes other than those for which they were designed.
• 11.2 Users are strictly prohibited from copying and/or diverting for their own purposes or those of third parties the concept, technologies or any other element of the site. O ceansrespect .
• 11.3 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of O ceansrespect , (iii) all misappropriation of the site's system resources, (iv) all actions likely to impose a disproportionate load on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to harm the financial, commercial or moral rights and interests of O ceansrespect or users of its site, and finally more generally (vii) any breach of these general conditions.
• 11.4 It is strictly prohibited to monetize, sell or grant all or part of access to the Services or the site, as well as to the information hosted and/or shared there.

12. SANCTIONS FOR BREACHES

In the event of a breach of any of the provisions of these general conditions or more generally, an infringement of the laws and regulations in force by a User, O ceansrespect reserves the right to take any appropriate measure and in particular to:

1. suspend or terminate access to the Services of the User, author of the breach or offense, or having participated in it,
2. delete any content posted on the site,
3. publish on the site any information message that O ceansrespect will find it useful,
4. notify any authority concerned,
5. take any legal action.

13. OCEANSRESPECT’S LIABILITY AND WARRANTY

• 13.1 O ceansrespect undertakes to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which Users expressly recognize and accept.
• 13.2 O ceansrespect is not aware of the Content posted online by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with regard to which it only intervenes as a hosting provider.

  Consequently, O ceansrespect cannot be held responsible for Content, the authors of which are third parties, any possible claim having to be directed firstly towards the author of the Content in question.

  Content harmful to a third party may be subject to notification to O ceansrespect according to the terms provided for in article 6 I 5 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, O ceansrespect reserves the right to take the measures described in article 12.

• 13.3 O ceansrespect declines all responsibility in the event of possible loss of information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this respect.
• 13.4 O ceansrespect undertakes to carry out regular checks to verify the operation and accessibility of the site. As such, O ceansrespect reserves the right to temporarily interrupt access to the site for maintenance reasons. Likewise, O ceansrespect cannot be held responsible for temporary difficulties or impossibilities in accessing the site which may be due to circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
• 13.5 O ceansrespect does not guarantee Users (i) that the Services, subject to constant research to improve their performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given User based on their own personal constraints, will specifically meet their needs and expectations.
• 13.6 In any event, the liability likely to be incurred by O ceansrespect hereunder is expressly limited to only proven direct damage suffered by the User.

14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by O ceansrespect within the site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of O ceansrespect are strictly prohibited and may be subject to legal action.

15. PERSONAL DATA

O ceansrespect practices a personal data protection policy, the characteristics of which are explained in the document entitled “ Confidentiality Charter ”, of which the User is expressly invited to read on the site.

16. ADVERTISING

O ceansrespect reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Oceansrespect will be the sole judge.

17. THIRD PARTY LINKS AND SITES

Oceansrespect cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the User accesses via the site.

Oceansrespect assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.

Oceansrespect is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to whom the User may be directed through the site and cannot under any circumstances be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which these third parties are bound.

18. UNSUBSCRIBE FROM THE SITE

Any order involves the creation of an Account for the User on the site for an indefinite period and allows them access to their Personal Space.

The User may unsubscribe at any time, by sending a request to this effect to Oceansrespect by email, to the contact details mentioned in article 2.

Unsubscription is effective immediately. It results in the automatic deletion of the User's Account and their Personal Space.

19. MODIFICATIONS

Oceansrespect reserves the right to modify these general conditions of sale at any time. The applicable conditions are those in force on the date of the order by the Customer.

20. LANGUAGE

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

21. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Montpellier will have exclusive jurisdiction to judge the matter, unless mandatory procedural rules to the contrary.

22. ENTRY INTO FORCE

These general conditions came into force on April 1, 2017.