When placing your order, you must agree to our sales conditions

I - Application scope of the general terms and conditions

    The present general terms and conditions apply as of right to any online or offline sale to any good marketed by the Ouest Plongée Developpement association.

The sale is considered concluded when the Buyer accepts the order, that is when the Buyer confirms the online order by clicking the "Confirm" button, or offline on receipt of payment.

Previous to this day, the present general terms and conditions have been put to the Buyer's disposal, as stipulated by article 33 of the modified version of the edict 86-1243 ot the 1st of December 1986.

Any order implies a total agreement to the present general terms and conditions, which prevail over any other conditions, except those expressly agreed to by the Seller.

II - Order

     Any order, to be taken into account (subject to receipt of payment), must be placed through the online shop, or sent in writing by mail, fax or e-mail, to the Ouest Plongée Developpement association.

     The acceptance of an order by the Ouest Plongée Developpement association results in the shop sending the order form or the company sending a written confirmation.

     The Buyer may write to cancel any order or amend its contents up to the shipping of the goods. From this moment on, the order is considered firm and definitive.

III - Delivery

   From the receipt by the Ouest Plongée Developpement association of an order in due form, and excluding particular conditions specific to the sale (items available on order etc.), the order will be dispatched once payment has been received and has been cleared by the banking authorities. The delivery time thus varies between 2 days and 3 weeks.

Risk in the ordered goods is the responsibility of the Buyer starting from the said delivery.

The above-mentioned delivery time is given for information only and is not guaranteed.

Discount or compensation cannot be claimed in case of the delivery time being exceeded.

However, if the Buyer has not received the order at the date given for information, s/he may issue a formal notice, then cancel part or all of his/her order 8 days afterwards if the notice remains unsuccessful, except if the delay is due to the shipping company.

The indicated delivery time is also suspended by rights in case of any event occurring for reasons beyond the Seller's control and causing a delay to the delivery.

In any case, delivery within the indicated time may only occur if the Buyer has met all its obligations, and particularly payment, towards the Ouest Plongée Developpement association.

In case of successive sales, for lack of one payment, other deliveries may be suspended until the balance outstanding is paid.

Charges and risk connected to the delivery of the goods are the responsibility of the Seller within the scope of the guarantees taken out by the Buyer for postage. From the delivery, risk in the goods pass to the Buyer.

IV - Reception of the goods

    The Buyer will take on the charges and the risk relative to the transport of the sold goods following their delivery. Transfer of ownership and risk becomes effective as soon as the goods are out of the Ouest Plongée Developpement association premises.

The Buyer must check upon reception of the goods whether they are consistant with the order, and check for any visible defect.

If neither complaint nor reserve is established in writing by the Buyer on the day s/he receives the goods, the said goods will not be taken back nor exchanged, in conformity with the dispositions of the French Civil Code, article 1642.

If the Buyer notes a visible defect, or that the goods are not consistant with the Buyer's order on the day s/he receive the good, the Seller is due to exchange them for faultless goods consistant with the order.

The costs connected to the taking back of faulty goods and the delivery of new goods are exclusively taken on by the Seller.

V - Prices

    The sums paid when signing the order form are legally a DEPOSIT, and thus signify the definitive conclusion of the contract.

V.1 – Price

    Excluding particular conditions specific to the sale, the price of the sold goods is that stated in the catalogue and in the list of products on the day of the order. Prices are revised once a year, in January.
To this date, the prices are firm and definitive. They are given in Euros, inclusive of taxes, but exclusive of postage and packing.

A discount on the before tax price may only be granted to the Buyer under the following condition : if it is provided for before the delivery, in writing, and annexed to the ordre form, the contract or the invoice.

V.2 - Payment methods

   Except when other methods are expressly arranged in writing before delivery, the selling price is to be paid at the time of the order.

In no case payments due to the Ouest Plongée Developpement association may be suspended, nor be subjected to a compensation or a discount without the written agreement of the said company.

    Any payment made to the Ouest Plongée Developpement association charges to the sums owned whatever the reason may be, beginning by the longest-standing one.

    For lack of payment of part or all of the price when due, the Ouest Plongée Developpement association is entitled by rights to cancel the sale, 5 days after the issue of an unsuccessful formal notice, without prejudice for the Buyer to claim any damages.

V.3 – Invoicing

    The Ouest Plongée Developpement association will issue, upon reception of the order, an invoice in duplicate, one copy being delivered to the Buyer along the goods.
The invoice will bear the necessary information as stated in article 31 of the modified version of the edict 86-1243 ot the 1st of December 1986.

VI - Condition of ownership

    The products are sold under condition of ownership : in conformity with the Act of the 12th of May 1980, and the Act of the 25th of January 1985, modified on the the 10th of June 1994, all goods remain the property of the Seller until receipt of payment in full, including charges and incidental expenses. However, the risk in the goods is passed on as stated above to the Customer upon delivery. For lack of payment by the Buyer of only a fraction of the price when due, the sale will be cancelled by rights, 8 days after a notice is unsuccessfully issued by the means of recorded signed for mail. In such a case, the Ouest Plongée Developpement association will take back the goods if it so wishes and keep the sums paid by the Customer in lieu of damages, without prejudice for the Buyer to claim any payment if the goods are re-sold.

    To take advantage of the above clause, the Ouest Plongée Developpement association will make its formal will to take the goods back known to the Buyer or to his/her judicial representative in case of collective procedure by way of a simple recorded signed for mail.

    Checks and bills of exchange are only considered or payments once they are effectively cashed.
    Until then, the condition of ownership clause remains fully effective.

    These provisions do not prevent the risk in the sold goods to be passed on to the Buyer upon delivery, as mentioned above.

   The Buyer commits him/herself not to transform or incorporate the said goods, nor to resale or pawn them until full payment of their price. Should the Buyer do any of those, the Seller would immediately claim back the goods.

VII - Warranty

   The sold products are covered by the hidden defects legal warranty, as understood in article 1641 of the French Civil Code. The Buyer must inform the Ouest Plongée Developpement association of any warranty problem within 8 days, after what any complaint is inadmissible.

    The said article states : " The Buyer is obliged by the warranty in the case when the hidden defects of the sold good make it improper for the use to which it was destined, or if they reduce so much this use that the Buyer would not have bought it, or would only have given a lesser price if he had known about them".

    No compensation claim is admissible for indirect damages as understood in the jurisprudence.