GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions (hereinafter "the Conditions") set out the terms and conditions of sale of products offered by the company SAINT JACQUES WETSUITS on its merchant website at the following address: www.saintjacques-wetsuits.com (hereinafter "the Website") belonging to the SAS NEPTUNEUM with capital of 11 000 EUROS, whose head office is located at 275 rue du Corail - 34670 Baillargues, France and registered with the Montpellier Trade and Companies Registry under number 814 888 566 00019 (hereinafter
"SAINT JACQUES WETSUITS").
Those general terms and conditions of sale are the only applicable and replace any other condition, unless prior expressive and written derogation. SAINT JACQUES WETSUITS can potentially ponctually, it is therefore necessary that those are re-read before each visit of the website www.saintjacques-wetsuits.com (hereinafter the " Website ").
To place an order, our website is available to the following address: www.saintjacques-wetsuits.com.
3. Product presentation
Products offered for sale by SAINT JACQUES WETSUITS are described and presented as accurately as possible. One or more photographs and a description detailing the essential characteristics of the Product are available prior to Order placement.
The prices indicated next to each Product offered for sale are in euros (€) inclusive of all tax, but excluding shipping and handling charges for the Order (see Section "Delivery").
Shipping fees are communicated to the Customer in the Order summary before the Order is validated and are expressed inclusive of all tax. Said shipping fees are borne by the Customer and are charged in addition to the sale price of the Products.
For the EU, the price to pay is in euros (€) and is systematically clearly displayed before the order is validated.
We may change the Product price at any time, but it agrees to apply the prices indicated on its Website at the time the Order is validated by the Customer.
We will commit to honor your order within the limit of available stock.
In the event that one of the ordered product would not but available in our stock, we are commited to contact you by email within 15 days from the date of your order, in order to inform you and to provide you with delays, in the case that the product could eventully be delivered.
If amongst the products ordered, some are temporarily unavailables, we commit to send the products availables and to subsequently send the rest of the order. We could also offer to replace the unavailable product with an article with equivalent quality and price. In case of refusal from your side, we will refund the product. If you would decide to return it in the conditions provided in article 8 (Withdrawal), the delivery costs would be at your own expense.
Your order will be shipped with delivery slips to the address indicated by the Customer at the time of Order placement.
SAINT JACQUES WETSUITS offers a delivery by courrier service or by carrier according to the total weight and type of product(s) ordered.
Delivery costs may vary depending on the product selected.
SAINT JACQUES WETSUITS makes all the necessary efforts to respect the delivery delays mentionned on the website. Nevertheless, we cannot be held responsible of the consequences induced by a delivery delay or a loss parcel caused by a third to the delivery contract, or by your own doing, or by an unpredictable and insurmountable cause constituent of force majeure.
In case of non reception of a parcel, an investigation will be held alongside the carrier and could take a few days. During this time, no refund nor replacement will be made.
Once your order is received, we advice you to check the products and give details of any anomalies on the delivery coupon, if need be, ensuring that the declaration is signed and dated
Without prejudice to applicable legal, we higly recommend to address any restiction regarding the conformity defaults of the existing products on the delivert date at the earliest opportunity by letter to SAINT JACQUES WETSUITS, 275 rue du corail, 34670 Baillargues or by email to firstname.lastname@example.org.
Only products returned in their original packaging and in perfect sale condition, with their accessories and instructions will be accepted.
In case of proved non-compliance, the User will have the choice between reparation or replacement of the product, unless the option chosen entails an additional disproportionated cost against the other modality.
Additional informations may be asked or required to confirm your purchase.
Consequently, in order to avoid any delay, please provide with your order:
- a valid email address.
- a home phone number (work site or home) or mobile phone number to reach you at any time during the day.
We are sorry for the temporary embarrassment, nevertheless those actions are mandatory to protect our clients of any card fraude.
7. Secured payment
For credit/debit card payment, the Customer's bank account will be debited when the order is confirmed. The Customer guarantees the Seller that it has the required authorizations to use this payment method. We reserve the right to suspend any Order and delivery in the event of credit card payment unauthorization by banks or in the event of non-payment of any amount due by the Customer.
8. Withdrawal. Satisfied or refunded
You have the right to withdraw from this contract within thirty (30) working days, to return a product which would not give you satisfaction.The conditions of exercise of this withdrawal right are with no penalties, excepting delivery costs. Costs of returns are at your own expense, and the product must be returned with your invoice.
We highly recommend to return the goods in recorded delivery with a tracking number, and to subscribe to an insurance equivalent to the product's sale value with the carrier. Also mandatory in case of spoliation or loss of the goods by the carrier's service. In any case, returns are at the Customer's costs.
Only products returned in their original packaging and in perfect sale condition will be accepted. Consequently, any returned products that have been washed and/or worn or in damaged packaging will not be accepted.
No refunds will be made on promotional items.
Period of withdrawal starts from the date of reception of the order.
In case of refund :
- if the product is returned within the 30 days period (receipt of the return as proof) from the date of reception, SAINT JACQUES WETSUITS will refund the price of Product(s) to the bank account used by the Customer for payment of the Order.
- Return verification: upon receipt of the return, We will inspect the Product(s) in order to validate, or not, the return. Return verification and refund will be processed as soon as possible after receipt of the Product(s).
For any return of product(s), the Customer must send the product(s) by courrier service or carrier.
Return costs are at the Customer's expense, unless the returned product was defective.
10. Contractual guarantee and after-sales service
The Products are covered by a conformity guarantee and a guarantee against hidden defects, which allow the Customer to return the defective Products to Seller.
Return costs are at the Customer's expense, unless the returned product was defective.
For any return of product(s), the Customer must send the product(s) by courrier service or carrier.For any return of product(s), the Customer must send the product(s) by courrier service or carrier.
SAINT JACQUES WETSUITS commits to cover the potential repairs. Regardless the issue on your article, the invoice, warranty card and return form (to be asked by email at SAINT JACQUES WETSUITS) must be added to the parcel.
Caution, are not covered by the warranty
• Damages caused by other reasons than material or manufacturing default.
• Use of wetsuits as part of commercial activity, rental, teaching or school.
• Damages caused by an excessive sun exposure, poor handling, innaproppriate storauge or a use of the product non-compliant to the instructions.
• Proven second-hand product or sold with existing defaults.
• Product repaired by another repair service.
SAINT JACQUES WETSUITS is responsible for the good execution of the obligations resulting from the distance selling contract, even when those obligations are executed by service providers, without prejudice to their outcome against them. However, SAINT JACQUES WETSUITS is exempt of its responsability if it proves that the poor execution of the contrat is attributable either to the User, or to an unpredictable and insurmountable of a third to the contract, or in case of force majeure.
Likewise, SAINT JACQUES WETSUITS responsability cannot be involved for damages related to the use of internet network, especially the presence of computer virus of external intrusion, or in case of force majeure.
12. Personal data protection
The informations shared with us and essential for the treatment and management of the orders, for the assessment of the invoices and warranty contracts. The absence of informations will lead to the cancelation of your order.
By subscribing to our Website, you commit to provide with honest and true informations. Communication of false informations is against these conditions and the General Terms and Conditions on the Website.
In compliance with the Data Protection Act, the treatment of your datas has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
SAINT JACQUES WETSUITS is authorized to collect, treat and use your personnal datas. Those datas are subject to a computer treatment.
This activity is strictly regulated: the file has been declared to the Commission Nationale Informatique et Libertés.
Yo have the right to access and to rectify your Personal Data, in accordance with the europeans texts and national laws in effect (article 34 of January 6th 1978 law).
You can exercise your rights by contacting SAINT JACQUES WETSUITS in order to know which informations it holds about you. You can modify those datas on demand.
SAINT JACQUES WETSUITS is the sole owner of yoru personal Datas. If you have accepted it when subscribing to our Website, promotional emails and exclusive offers will be sent to you.
You can unsubscribe to the newsletter at any time by clicking here or on the link which appears at the bottom of each email we will send to you.
This website uses the Google Analytics technology to collect informations about visitors behaviours. Those datas are anonymously collected and only used for marketing ends and website optimization. They are linked to a nameless username, then saved in order to create users profiles. Cookies can be used to collect and save those datas, mais they always remain anonymous. Those datas cannot be used to personnaly identify a user and are not crossed with any personnal datas.
It is possible to refuse the collect and storage of those datas and the use of associated services at any time.
No email address of information entered by our customer on this Website can be shared, exchanged or sold to a third.
Communications made by the Customers with SAINT JACQUES WETSUITS are strictly itended to the good function of our services.
13. Applicable law and jurisdiction
These Conditions and any matter relating to their interpretation or execution shall be subject to the application of French law. For disputes or claims, the Customer should first contact the Seller Customer Service Department (whose contact information is provided above) to find an amicable solution.
 Articles L.211-4 of the French Consumer Code : "The seller is also liable, within the same period, for conformity defects resulting from packaging, mounting instructions, or installation when it has been made his responsibility by the contract or made under his responsibility."
Article L.211- 5 of the French Consumer Code : "The good is in conformity with the contract if it conforms particularly to the following:
1° The good corresponds to the description, the type, the quantity and the quality, particularly for the functionality, the compatibility, the interoperability or any other characteristic mentioned in the contract;
2° The good is fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted; Or presents the characteristics defined from by mutual agreement byt the parts or to fit any special use searched by the Buyer, expressed to the Seller and accepted by him."
Article L.212-12 of the French Consummer Code: « The action resulting from conformity default is prescribed by two years as from the issue of the good".
Article 1641 of the French Civil Code : "The Seller is obliged to guarantee against hidden defects of the item sold which might render it unfit for the use for which it was intended, or that might decrease this use to an extent that the buyer would not have purchased it, or would have paid a lower price if he/she had been aware of such defects"
Article 1648 of the French Civil Code : "The action resulting from latent defects must be taken by the buyer within two years after discovery of the defect."