General conditions of sale

General conditions of sale of services

1. About our company

The Company Sarl Subdive club dive hippocampe (hereinafter the "Company"), with SIRET number 53906363600028 offers the following services

Teaching, scuba and nautical diving activity, The purchase, rental and sale of diving equipment and equipment, underwater and nautical, the purchase, sale, rental, guarding, repair of boats and fittings, equipment relating to pleasure boating and water sports.

2. Preamble

These General Conditions of Sale (hereinafter the GCS) constitute the sole basis of the commercial relationship between the parties.

They govern the conditions under which the Company provides its Services to its customers.

They apply to all Services provided by the Company for all of its customers.

They are systematically communicated to the customer who requests it.

Any order implies acceptance of the T&Cs.

3. Definitions

Customer means any person who places an order by direct, indirect or internet contact.

Order means any order placed by the Customer in order to benefit from the services of the Company;

General Conditions of Sale or CGV refer to this document;

Consumer means the purchaser who is a natural person acting outside his professional activity;

Professional means the purchaser who is a legal or natural person acting within the framework of his professional activity.

Services means all the services offered by the Company;

Company means the company, more fully referred to in Article I hereof.

4. Orders

Orders are placed by the Customer by direct, indirect or internet contact.

Sales of Services are made after an estimate has been drawn up or directly to the Customer, after acceptance by the Customer and express acceptance of the order by the Company.

5. Service provision and prices

The prices are those in force on the day the Order is placed, as established on the estimate provided to the Customer, on the various websites or according to the scale indicated on site to the Customer.

Prices are shown.

If the cost of the Services cannot be determined, a priori, with certainty, a detailed estimate will be given to the Customer with the method of calculating the price allowing him to verify it.

With each Order or on site, an invoice is established by the Company for the Customer.

6. Terms and terms of payment

Payment can be made by: Cheque, Holiday voucher, Cash, Bank transfer, Online payment.

In the event of total or partial non-payment of the services on the date agreed on the invoice or on site, the buyer must pay the Company a late payment penalty, the rate of which is equal to the rate applied by the European Central Bank for its operation. refinancing increased by 10 percentage points.

The financing transaction selected is the most recent on the date of the order for the Services.

This penalty is calculated on the amount including all taxes (TTC) of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.

No compensation may be made by the Customer between penalties for late delivery of the services ordered and sums due by the Customer to the Company for the purchase of Services.

7. Performance of services

The provision of the Service ordered will be provided by: Sarl subdive Hippocampe diving club.

The Company undertakes to comply as closely as possible with the deadlines announced when placing the Order.

However, it can in no way be held responsible for delays in the performance of services caused by faults that are not attributable to it.

In addition, the Company cannot be held liable for delays in completion during periods of high demand, such as school vacation periods.

The Company cannot be held liable for delays caused by reasons of force majeure, ie due to the occurrence of an unforeseeable, irresistible event beyond the Company's control.

8. Complaint

For all orders made, the Customer has a right of complaint of One to Two days from the provision of the Service.

To exercise this right of complaint, the Client must send to the Company, at the address of the latter, a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto.

A claim that does not comply with the conditions described above cannot be accepted.

The Company will reimburse and rectify the Service as soon as possible and at its expense, within the limits of the possible.

9. Consumer's right of withdrawal

The Consumer has a right of withdrawal of One to Two days from the placing of the Order, except for the products mentioned in Article L. 221-28 of the Consumer Code as reproduced below:

The right of withdrawal cannot be exercised for contracts:

1° For the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized

4° Supply of goods likely to deteriorate or expire rapidly;

5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;

13° Supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

To exercise this right of withdrawal, the Consumer sends a declaration to the address:

sarl subdive, building Orticonni Bat A, route de santore 20260 Calvi.

He will be reimbursed for all costs paid for the provision of services within 14 days of the Company becoming aware of his declaration of withdrawal.

The refund will be made by the same means of payment as the one used for the purchase.

However, if the provision of services has already begun on the date the Company becomes aware of the withdrawal, the value corresponding to the provision of service already carried out will be deducted from the reimbursement.

The latter will be operated by the same means of payment as for the purchase.

10. Legal guarantees

The Services provided to Consumers are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.”

Article L.217-5 of the Consumer Code: “The good complies with the contract:

1° If it is specific to the use usually expected of a similar good and, where applicable: If it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer under in the form of a sample or model; If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them. The Services sold to Professionals also benefit from the guarantee provided for in article 1641 of the Civil Code.

The warranty is limited to the replacement or reimbursement of Services that are not in conformity or affected by a defect.

It is excluded in the event of misuse or abnormal use of the Service as well as in the event that the Service does not comply with the legislation of the country in which it is delivered.

The Customer must inform the Company of the existence of the defects within one year.

The Company will rectify the Services found to be defective as far as possible.

If the liability of the Company is retained, the guarantee is limited to the amount excluding VAT paid by the Customer for the provision of the Services. The replacement of the Services does not have the effect of extending the duration of the guarantee.

11. Processing of personal data

The purchase by the Customer may result in the processing of his personal data.

If the Client refuses the processing of his data, he is asked to refrain from using the services of the Company.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of its personal data by writing, by mail and providing proof of identity, to the following address:

sarl subdive, building Orticonni Bat A, route de santore 20260 Calvi.

This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as the improvement of the services offered on the Company.

12. Sharing of collected data

The Company may use third party companies to carry out certain operations.

The Customer accepts that third-party companies may have access to his data to enable the fulfillment of his order.

These third-party companies only have access to the data collected in the context of carrying out a specific task.

The Company remains responsible for the processing of this data.

Furthermore, the Customer may receive information or commercial offers from the Company or its partners.

The Customer may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above.

In addition, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:

Respect the law

Protect anyone from serious bodily harm or even death

Fight against fraud or attacks on the Company or its users

Protect the Company's proprietary rights.

13. Data Protection

The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.

14. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer.

This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).

The User expressly authorizes the Company to deposit a so-called "cookie" file on the User's hard drive.

The User has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser.

If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction can in no way constitute damage for the member who cannot claim any compensation for this fact.

15. Modifications

The information appearing on the catalogs, prospectuses, websites and prices of the Company are given for information only and may be revised at any time.

The Company is entitled to make any changes it deems useful.

When placing an Order, the Customer is subject to the stipulations set out in the GCS in force when placing the order.

16. Intellectual Property

The brand, logo and graphic charter are registered trademarks, the property of which belongs exclusively to the Company.

Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of the said company will expose the offender to civil and criminal prosecution.

17. Jurisdiction clause

The law governing the T&Cs is French law.

Any dispute that may arise between the Company and a Customer during the execution of the GCS will be the subject of an attempt to resolve amicably.

Failing this, the disputes will be brought to the attention of the competent courts of common law.

18. Customer Acceptance

The Customer expressly accepts the T&Cs.

He declares to be aware of it and waives the right to avail himself of any other document, in particular his own general conditions of purchase.

19. Contact details of the mediator, conciliator:

Prefecture of Haute-Corse, Rond point Maréchal Leclerc De Hautecloque, 20200 Bastia

Done in Calvi, on 06/27/2023

Sarl Subdive, represented by its manager Mr. Franck Rollin

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