GENERAL TERMS AND CONDITIONS OF SALE OF THE WEBSITE BEUCHAT-SPORTS.COM

Online version as of 13/09/2024

These Terms and Conditions of Sale apply to the sales defined below and carried out by BEUCHAT INTERNATIONAL SAS, a company governed by French law registered under number 309 719 292 with the Trade and Companies Register of Marseille, having its registered office at 34 AVENUE DE BOISBAUDRAN, 13015 Marseille, France (hereinafter “BEUCHAT”), via the website https://www.beuchat-sports.com.

1. Conditions of application of these General Terms and Conditions of Sale

These Terms and Conditions of Sale apply only to purchases concluded via the Online Store of the website beuchat-sports.com.

The Online Store may only be used for lawful purposes and in a manner compliant with the law. You agree to comply with all laws, statutes and regulations applicable to the Online Store and to any transaction carried out via the Online Store.

The PRODUCTS are exclusively intended to be sold to end consumers (hereinafter CUSTOMER), as defined by the Consumer Code, whether natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers.

Consequently, the customer declares that they are acting as an end consumer and that they do not intend to resell, directly or indirectly, the PRODUCTS for a commercial purpose. BEUCHAT reserves the right not to accept an order placed by a non-consumer customer.

The CUSTOMER certifies that they have the legal capacity to enter into the commitments provided for herein.

BEUCHAT reserves the right to update these General Terms and Conditions of Sale at any time, it being specified that for any order placed before the entry into force of the new Conditions, the previous Conditions shall remain applicable. Any order placed on the Site shall be governed by the Terms and Conditions of Sale applicable at the time your order is validated, to the exclusion of all other conditions. You must therefore review our General Terms and Conditions of Sale for each purchase. They may be consulted at any time by going to the “General Terms and Conditions of Sale” section of the Site.

Any order for products constitutes your acceptance without reservation of these general terms and conditions of sale. For each purchase on the Site, you will be asked to confirm your acceptance of the General Terms and Conditions of Sale in force on the date the order is placed.

By purchasing on https://beuchat-sports.com, you enter into a sales contract with BEUCHAT. (This contract creates obligations for you as well as for BEUCHAT.)

If one or more provisions of these Terms and Conditions of Sale are declared invalid, unlawful or unenforceable, such provision(s) shall be applied to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the other provisions shall not in any way be affected or impaired.

2. Description of products sold on the site

Each product is the subject of a readable and understandable description specifying its characteristics.

To describe its products, BEUCHAT may use texts, photos or videos. BEUCHAT endeavours to ensure that photos and videos are as representative and faithful to the products as possible in order to offer a satisfactory shopping experience to its customers. Although every effort is made to ensure that the colour and details of the PRODUCTS whose photos are displayed on the Site are faithful to the original products, variations may be observed, in particular due to technical limitations in colour rendering on computer equipment.

Only the information present on the online store website must be taken into account when making your purchase, in particular regarding compatibility with another product or the suitability of the product for the use you intend.

3. Product availability

PRODUCT offers are valid while stocks last. Indeed, at the time of order validation, there may be a difference between the stock available in the system and the physical stock (e.g. simultaneous orders). The sale is therefore subject to the availability of PRODUCTS in stock.

In the event of PRODUCT unavailability after the order has been placed, we will inform you by e-mail to the address provided at the time of purchase as soon as possible, offering you either to accept a longer delivery time if possible, or to cancel your order. BEUCHAT shall incur no liability in the event of out-of-stock or product unavailability.

With the exception of orders already accepted, we reserve the right, without incurring liability and without prior notice, to change, interrupt or stop the sale of any Product.

4. Prices – Delivery costs – Accepted payment methods

4-1

Product prices are indicated in euros, all taxes included, excluding delivery costs. PRODUCTS are invoiced on the basis of the prices displayed on the website at the time your order is placed, subject to availability. All orders are payable in euros and must be paid at the time your order is placed.

Product prices on the website may be revised at any time; the new prices will apply to orders placed after the modification.

4-2

Delivery costs will be automatically communicated to you before validation of your order on the website. If such costs cannot be calculated automatically on the website, we will inform you of the calculation methods via the e-mail address provided, before any order is placed.

4-3

Payment for your purchase on the online store may be made by bank card or credit card (Visa, Mastercard) or by any other payment method offered on the website. Bank card payments are authenticated and secured. During payment, the Bank requests personal information in order to verify the cardholder’s identity and validate the transaction. We cannot be held liable in the event of refusal or an error originating from a bank or a financing institution.

4-4

Shipment of your order can only take place after verification of your payment method and receipt of authorisation to debit your card or the agreement of the banking institution in the case of deferred or instalment payment.

5. Retention of title and transfer of risks

The PRODUCTS ordered remain the full property of BEUCHAT until full receipt by BEUCHAT of the price and delivery costs. The CUSTOMER therefore acquires ownership of the PRODUCTS when payment of the price has been made and received by BEUCHAT.

The transfer of risks (loss, theft, deterioration) relating to the PRODUCT shall take place from delivery to the address indicated when ordering or from collection in the event of pick-up at a delivery point.

The transfer of risks and the transfer of ownership are therefore separate.

6.1 Order procedure

6-1: Product selection

At any time you can add Products to your selection by clicking “add to cart”. You can view your selection by clicking on the cart.

6-2: Identification

After selecting the Product(s), click “order” to start the ordering process. A customer account is required to place an order on the Site:

  • If you already have a customer account, you must identify yourself at this stage by entering your e-mail address and password.

  • If you do not yet have an account, you will be invited to create one by confirming your e-mail address and creating a password.

Your login details and passwords are strictly personal; accordingly, you undertake to keep them secure and not to disclose them to third parties. In the event of any fraudulent use of your account, you undertake to inform BEUCHAT.

Creating an account allows you to consult your order history, add or modify your delivery and billing addresses, and manage your newsletter subscriptions.

Unless proven otherwise by the CUSTOMER, the data recorded by the Site constitute proof of the nature, content and date of all transactions. You may deactivate your account at any time by sending an e-mail to the consumer service.

6-3 Validation of the delivery method

You must, on the one hand, validate your delivery method and, on the other hand, complete and verify the information necessary for proper shipment of your order.

6-4: Validation of payment for the order

You are invited to select your payment method: bank card, PayPal, or any other payment method offered. At the end of the ordering process described above and after having accepted all of these general terms and conditions of sale and the Terms of Use of the Site, click the “Pay” button. All payments will be subject to security checks.
Consequently, our services may contact you to confirm your order information and your order data, such as proof of your address, proof of the address in the name of the person indicated for the delivery address, etc.

6-5: Order confirmation by e-mail

After receiving your order, we will send you an order confirmation by e-mail including your order number and the details of the Product(s) you ordered. BEUCHAT reserves the right not to accept an order if the CUSTOMER has breached these general terms and conditions of sale or has engaged in fraudulent activity or for any other legitimate reason.

The order confirmation e-mail constitutes proof of your purchase; you are therefore requested to keep it.

6-6

Your invoice will be sent in an e-mail. We do everything possible to ensure that our communications arrive in good time. We undertake, in accordance with the AFNOR NF Z 42 01 23 standard, to archive for a period of 10 years all orders over €120.
You can also download your invoices in the “your orders” section of your personal account.

7. Delivery

When registering the order, the CUSTOMER chooses the place where they wish the ordered Products to be delivered. Delivery is made to the address indicated by the customer when placing the order, whether a personal address, a professional address or a relay point depending on the options offered on the Online Store.

If we are prevented from meeting deadlines by an event of force majeure or a fortuitous event as defined by French case law or by an external cause, in particular a fault attributable to you, the delivery time shall be automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, you may cancel the order as of right, without such cancellation entitling you to the payment of compensation.

7.1 Home delivery

Products are delivered to the address you provided during the ordering process, within the timeframe indicated on the payment page before order validation and in the order confirmation e-mail. Delivery times differ depending on the delivery method chosen and are provided for information purposes. The delivery time runs from receipt of your payment. The maximum delivery time shall be 30 days where no delivery time was indicated when ordering, as defined by the Consumer Code.

In the event of delivery delay, you will be informed by our Customer Service, which will indicate the new expected delivery date. Under no circumstances are we responsible for delivery delays caused by you providing an incorrect or incomplete address or by customer unavailability.

In the event of delivery by a carrier requiring an appointment, the carrier will contact you as soon as possible to arrange a delivery appointment. The delivery time may not exceed thirty (30) days from the date of order validation.

Delivery is deemed made upon receipt of the order at the address you indicated when ordering.

You must notify the carrier of any reservations regarding the delivered Product (for example: damaged parcel or product, already opened, etc.). Reservations must be expressly indicated on the delivery note.

If after 30 days your parcel has not been delivered, you may cancel your order and request a full refund without charge. To do so, you must contact us by phone at +33 (0)4.91.09.44.60 or by e-mail at client@beuchat-diving.com.

7.2 Delivery to a relay point

Products are delivered to the relay point, the contact details and opening hours of which are indicated in the confirmation e-mail, within the timeframe indicated on the order summary.

In order to collect your Product, you must go to this relay point and provide proof of identity and the order confirmation e-mail.

Delivery is deemed made upon your receipt of the order at the relay point.

The Product is kept by the relay point for a period that varies depending on the chosen relay point and which is indicated in the e-mail confirming delivery to the relay point. We therefore draw our customers’ attention to these time limits because, at the end of this period, if you have not taken possession of the Product, the sale will be cancelled and we will send you an e-mail to inform you. In this case, we undertake to refund you, upon receipt of the return, the sums paid within fourteen (14) days from the sending of this e-mail.

You must notify the relay point of any reservations regarding the delivered Product (for example: damaged parcel, already opened...). Reservations must be expressly indicated on the delivery note.

If we are prevented from meeting deadlines by an event of force majeure or a fortuitous event as defined by French case law or by an external cause, in particular a fault attributable to you, the delivery time shall be automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, you may cancel the order as of right, without such cancellation entitling you to the payment of compensation.

With the exception of orders already accepted, we reserve the right, without incurring liability and without prior notice, to change, interrupt or stop the sale of any Product.

8. Defect, delivery delay and damage noted upon delivery

Any defect or delivery delay exceeding the above time limits must be reported to our customer service as soon as possible.

You must check the conformity of the PRODUCTS upon delivery and indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomalies noted (opened parcel, damaged product, etc.). If you find upon delivery that the product has been damaged, we recommend that you refuse delivery (whether at a relay point or at home) and notify in writing the reasons for your refusal. You must then send a detailed e-mail (photos, delivery method, issue noted) as soon as possible to BEUCHAT customer service to inform it of the refusal of delivery.

If you find that the goods are damaged and, after making reservations on the delivery note, you have nevertheless accepted delivery, you must send within three days a registered letter to the carrier confirming such reservations. If the carrier did not allow you to check the condition of the parcel (deposit in mailbox, garden, etc.), you then have 10 days to inform it by registered letter of the defects noted (Article L 224-65 of the Consumer Code).

If you do not comply with this formality (sending a registered letter within 3 or 10 days), action against the carrier is no longer possible. (Article L 133-3 of the Commercial Code)

9. Transfer of ownership / Transfer of risks

Transfer of ownership of the seller’s products to the buyer shall only take place after full payment of the price by the latter, regardless of the delivery date of said products.

“Any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by them takes physical possession of such goods” (Article L216-2 of the Consumer Code). As soon as delivery has been made (pick-up at parcel point, hand delivery or delivery to mailbox), the risks of loss or deterioration are borne by the CUSTOMER.

10. Right of withdrawal

We draw your attention to the fact that we will only process returns and refunds for the Product(s) purchased via our Online Store (website https://www.beuchat-sports.com).

10-1 Right and withdrawal period

In accordance with Articles L.221-18 et seq. of the Consumer Code, you have a right of withdrawal enabling you to withdraw without reason within fourteen (14) days from receipt of the ordered Product(s). Exercising this right will result in the automatic termination of your order.

10-2 Restrictions on the right of withdrawal

The Customer is expressly informed and accepts that, pursuant to Article L 221-28 5 of the Consumer Code, they may not exercise any right of withdrawal for the purchase of the following goods:

  • goods made to the consumer’s specifications or clearly personalised;

  • goods likely to deteriorate or expire rapidly;

  • goods which have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;

  • goods which, after being delivered and by their nature, are inseparably mixed with other items;

10-3 Methods for exercising the right of withdrawal

To exercise your right of withdrawal, you must notify us of your decision either from your account, or by completing the withdrawal form below, or by expressing on plain paper your unambiguous wish to withdraw, and send it by e-mail to the following address client@aquama-swimming.com or by post to the following address BEUCHAT International Service boutique en ligne, 34 Avenue Boisbaudran 13015 Marseille.

You then have a maximum period of fourteen days, following communication of your decision to withdraw, to return to us the product(s) in accordance with Article L. 221-21 of the Consumer Code.

The products must reach us in new condition (neither used, nor worn, nor washed, etc.) with their tags and in their original packaging with all documents such as instructions. They must be accompanied by a copy of the corresponding purchase invoice. The Products must not have been used and must not be Products excluded from the right of withdrawal under the Consumer Code. The Customer is deemed responsible in the event of deterioration or loss of the Products during return and BEUCHAT cannot be held responsible in the event of loss, theft, damage or shipment to an incorrect address. We strongly advise you to take out the insurance offered by the carrier for making your return.

10-4 Consequences of the right of withdrawal

When exercising the right of withdrawal or in the event of non-conformity of the Product, you may return the purchased products and request a refund.

Pursuant to Article L221-24 of the Consumer Code, after exercising your right of withdrawal, you will be refunded the total amount of the price paid for the returned Product, as well as delivery costs, excluding return costs which remain at your expense (packaging, shipping costs). The refund will be made using the same payment method you used at the time of purchase, unless you agree to be refunded by another payment method that does not incur any additional costs for you.

We inform you that we are not required to refund any additional costs if you chose a delivery method more expensive than the standard delivery method offered.

The refund will be deferred until receipt of the returned Product(s) by BEUCHAT. The refund may only be requested by the person who placed the order. Please note that your bank may take up to 10 business days to process a refund to your card.

No penalty will be applied to you. Only the direct costs of returning unused and undamaged Products will be at your expense.

11. Statutory warranties

The Products sold by BEUCHAT are subject to the general conditions of statutory warranties provided for by Articles L211-4 to L211-13, L217-4 to L217-14 of the Consumer Code as well as Articles 1641 to 1648 of the Civil Code, to the exclusion of any other warranty.

11-1 Statutory warranty of conformity (L 217-4 to L 217-14, L 211-4 to L211-13 of the Consumer Code)

BEUCHAT will deliver to you a Product in conformity with the contract and free from conformity defects upon delivery of the said product, in the sense that the Product will be fit for the usual purpose expected of similar goods and will have the characteristics described at the time of sale. BEUCHAT will therefore be liable for conformity defects resulting from packaging, assembly instructions and the Product, in accordance with the Consumer Code. This warranty may only be implemented within two years from delivery of the Product (delivery). You may choose between repair or replacement of the Product unless one of the options is impossible (product no longer marketed, repair with a manifestly disproportionate cost). Repair entails an additional warranty extension of 6 months for the benefit of our Customer.

This warranty of conformity cannot be implemented if the original Product has been modified by the Customer, has been subject to previous repairs by non-approved centres and/or with spare parts that are not of the BEUCHAT brand. More generally, any modification of the Product, any abnormal use, any lack of maintenance and inspection will result in exclusion of the warranty of conformity. See Article 11-3 below.

Extracts from the Consumer Code
Art. L. 211-4. “The seller is required to deliver goods in conformity with the contract and is liable for conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions or installation when the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”
Art. L. 211-12. “Action resulting from lack of conformity is time-barred after two years from delivery of the goods.”
Art. 211-5 “To be in conformity with the contract, the goods must:

  1. Be fit for the usual purpose expected of similar goods and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

  • present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, in particular in advertising or labelling.

  1. Present the characteristics agreed jointly by the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.”

Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions or installation when the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

Article L217-5 of the Consumer Code
The action resulting from lack of conformity is time-barred after two years from delivery of the goods. The goods are in conformity with the contract:
1° If it is fit for the usual purpose expected of similar goods and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

  • if it presents the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
    2° Or if it presents the characteristics agreed jointly by the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the seller.

Article L217-12 of the Consumer Code
The action resulting from lack of conformity is time-barred after two years from delivery of the goods.

We draw your attention to the need to comply with the recommendations in the Product user manual, in particular with regard to storage conditions, maintenance, exposure to UV, non-compliance with which could lead to deterioration of the Products.

11-2 Warranty against hidden defects (Articles 1641 to 1648 of the Civil Code)

BEUCHAT will provide you with a Product free from hidden defects that would render it unfit for its intended use, or which would so diminish such use that you would not have purchased it or would have paid a lower price for it. In this respect, you are entitled to obtain a warranty against hidden defects, which may only be exercised within two years of discovery of the defect and within a maximum period of 5 years after the purchase date.

In the event of a hidden defect, you may choose to be refunded the product and the costs incurred (shipping) or to keep the Product and have part of the price refunded. In all cases, it will be for you to prove the existence of the defect at the time of sale.

Extract Consumer Code and Civil Code
Art. 1641. “The seller is liable for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.”
Art. 1648 – paragraph 1. CC “The action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.”

Article 1641 CC
The seller is liable for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.

We draw your attention to the need to comply with the recommendations in the Product user manual, in particular with regard to storage conditions, maintenance, exposure to UV, non-compliance with which could lead to deterioration of the Products.

11.3 Exclusions from warranty

Damage resulting from the following is excluded from these warranties:

  • failure to comply with installation, use and maintenance instructions and advice for the Products;

  • use of the Products not in accordance with their intended purpose;

  • deterioration and normal wear and tear of the Products;

  • modification of the Products, or impact by twisting, compression, fall or abnormal impact of the product;

  • replaceable batteries;

  • wear parts.

11.4 Implementation of warranties

Under the warranties from which you benefit, we undertake to:

  • repair the Product where possible and return it to the address indicated by you;

  • fully refund the Product (with return of the Product) or issue a credit note for a future order on our Site corresponding to the amount of the new Product initially purchased.

In the event of lack of conformity or hidden defects, you must, prior to returning the Products, contact BEUCHAT customer service by e-mail at client@beuchat-diving.com, which will indicate the procedure to follow.

12 After-sales service and availability of spare parts

Any Product that is technically repairable benefits from after-sales service. For any repair, please contact our customer service or any BEUCHAT authorised reseller centre.

In accordance with Article L111 paragraph 1 of the Consumer Code, BEUCHAT informs you that it cannot guarantee a period of availability of spare parts for all Products. BEUCHAT will endeavour to satisfy its customers in the event of a request for one or more spare parts.

13. Liability

Under no circumstances may BEUCHAT be held liable for any damage that does not result from BEUCHAT’s failure to comply with one of its obligations defined in these General Terms and Conditions of Sale.

These Terms and Conditions of Sale set out the entirety of our obligations and liabilities regarding the supply of the Product(s). To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, and all conditions or terms other than those expressly mentioned in these Terms and Conditions of Sale. More specifically, we are not responsible for the suitability of the Products for the purposes for which you intend them (if they differ from “normal” uses and/or purposes) unless you informed us of such purposes at the time the sales contract was concluded and we accepted them.

Our liability shall not be engaged, whether contractually, in tort or otherwise, for any loss of revenue, loss of profits, loss of contracts, business or anticipated savings, loss of data, loss of customers or reputation, or any other type of indirect or consequential damage or for any damage whatsoever. However, nothing in this Section shall affect your rights and nothing in these Terms and Conditions of Sale shall exclude or limit any liability that cannot be limited or excluded under applicable law.

THESE TERMS AND CONDITIONS OF SALE DO NOT AFFECT YOUR STATUTORY RIGHTS WHICH CANNOT BE WAIVED OR CONTRACTUALLY LIMITED.

14. Consumer Customer Service

Our Consumer Service will assist you with any questions relating to orders on our Online Store. You can contact our Consumer Service by e-mail at client@beuchat-diving.com or by phone at +33(0)4.91.09.44.60.

15. Applicable law – Disputes – Mediation

These terms are governed by French law. In the event of a dispute, BEUCHAT and the Customer will attempt to resolve it amicably.

In accordance with the provisions of the Consumer Code concerning amicable settlement of disputes, BEUCHAT International adheres to the mediation service of AME Conso.
After prior written steps by the CUSTOMER with BEUCHAT International that have not been successful, the Mediator Service may be referred to for any consumer dispute:

  • either via the internet (www.mediationconso-ame.com) by completing the dedicated form made available, accompanied by the documents supporting the request;

  • or by post: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, accompanied by the documents supporting the request.

Recourse to mediation is an alternative mechanism which does not constitute a prerequisite for legal action.

WITHDRAWAL FORM

Name of the CUSTOMER:
Address of the CUSTOMER:
Date of the request:

For the attention of Beuchat International SAS
Consumer service
34 Avenue Boisbaudran, 13015 Marseille
France

I hereby notify you, in accordance with Article L 221-8 of the Consumer Code, that I am exercising my right of withdrawal relating to the sale of the following goods:

Name(s) and reference(s) of the item(s) returned:

Order number:
Ordered on:
Received on:

Signature (if the form is sent by post).

Attach a copy of the purchase invoice for the products.

PS: In the event of sending by post, the postmark shall serve as proof.