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GENERAL SALES AND TERMS CONDITIONS PROTEUSHOP

 

 

Created July 9, 2014, Version 1.

Updated on July 27, 2016, Version 2.

Updated on September 04, 2017, Version 3.

Updated on October 2, 2017, Version 4.

Updated on September 12, 2018, Version 5.

Updated on November 23, 2018, Version 6.

 

 

         Article 1 - Purpose

 

These general terms and conditions detail the rights and obligations of PROTEUSHOP and its customers in the sale of merchandise related to sport, and in particular technical scuba diving.

These conditions apply to all services provided via PROTEUSHOP website for private customers.

Any order placed on the site implies the unreserved acceptance of these General Terms and Conditions and waiver of any general conditions of purchase of the Customer.

 

 

         Article 2 - Terms and conditions of use and online purchase

 

         Article 2-1 - Access to Site and Services Provided

 

Any connection to the site is subject to compliance with these conditions.

For the user, the simple access to the PROTEUSHOP site at the following URL https://proteushop.fr and its international derivatives (.com, .be, .es, .it ...) implies the acceptance of all of the conditions described below.

The service is reserved for users:

-       Having the competence to use this site

-       Having full capacity to engage ;

-       Being informed that his engagement does not require a handwritten or electronic signature.

 

         Article 2-2 - Access to Site and Services Provided

 

PROTEUSHOP endeavors to allow access to the site 24 hours a day, seven days a week, except in the case of force majeure or an event beyond the control of PROTEUSHOP, and subject to possible breakdowns and maintenance operation of the site and services.

 

Therefore, PROTEUSHOP can not guarantee the availability of the site and / or services, transmission reliability and performance in terms of response time or quality. No technical assistance is provided to the user, whether by electronic or telephone means.

The responsibility of PROTEUSHOP can not be engaged in case of impossibility of access to this site and / or use of the services.

 

Moreover, PROTEUSHOP may interrupt the site or part of the services at any time without notice, without any right to compensation. The user acknowledges and accepts that PROTEUSHOP is not responsible for the interruptions and the consequences that may result for the user or any third party.

 

         Article 2-3 - Responsibility of PROTEUSHOP and obligations of the user

 

  •       Responsibility of PROTEUSHOP :

-       The information and / or documents appearing on this site and / or accessible through this site come from sources believed to be reliable.

-       However, this information and / or documents are likely to contain technical inaccuracies, PROTEUSHOP reserves the right to correct them, as soon as these errors are brought to its knowledge.

-       The use of the information and / or documents available on this site is under the sole responsibility of the user, who assumes all the consequences that may result from it, without PROTEUSHOP being able to be sought as such, and against him.

-       PROTEUSHOP can under no circumstances be held liable for any damage whatsoever resulting from the interpretation or use of the information and / or documents available on this site.

 

  •       Obligations of the user :

-       Accept without restriction the general conditions of sale and use :

-       To communicate accurate, sincere and true information : the user is obliged to transmit accurate and true information including civility, name, first name, e-mail address, telephone, necessary for proper identification, with a view to the delivery of the product (s).

-       Respect the national and international intellectual property law: The user undertakes not to submit, copy, resell, reissue, or in general make available any information or element received from PROTEUSHOP or available on the site proteushop.fr (and its international derivatives), to another natural person or legal person, of all countries. In general, the user undertakes to respect the following provisions relating to intellectual property (see Art.3 Intellectual Property).

 

         Article 2-4 - Hyperlinks

 

The website proteushop.fr may contain hypertext links to other sites on the Internet. Links to these other resources make you leave the website proteushop.fr.

 

It’s possible to create a link to the welcome page of this website without express authorization of PROTEUSHOP. No authorization or request for prior information may be required by PROTEUSHOP in respect of a site that wishes to establish a link to the site of PROTEUSHOP. However, this site should be displayed in a new browser window.

 

PROTEUSHOP reserves the right to ask for the deletion of a link which it considers not in conformity with the object of the site proteushop.fr.

 

         Article 2-5 - Force Majeure

 

The responsibility of PROTEUSHOP can not be committed in case of force majeure or facts beyond its control.

 

         Article 2-6 - Modification, evolution and update

 

PROTEUSHOP reserves the right to modify, at any time and without prior notice, the present conditions of use in order to adapt them to the evolutions of the site and / or its exploitation.

 

         Article 2-7 - Presentation and availability of products

 

The characteristics of the products offered are available on the website of the company under the heading "catalog". However, the pictures do not fall within the scope of the contract, which excludes PROTEUSHOP's responsibility if mistakes have been made.

The products are offered for sale while quantities last (PROTEUSHOP or manufacturer). In case of order of a product which has become unavailable, the customer will be informed as soon as possible by electronic or postal means.

 

Product availability is displayed in multiple states

  •       Out of stock : the product is no longer available in our stores, or at suppliers / manufacturers, the delivery time is unknown, the order can be canceled
  •       Available : the product is available from the supplier and / or the manufacturer, the processing time will be longer.
  •       In Stock : The product is available in our stores, the product will be shipped within two business days (see Article 4-2 - Shipping)

 

         Article 2-8 - Product prices

 

The prices of the products indicated in the catalog are in euros, all taxes included, except delivery costs. For access outside France or outside the EEC, product prices can be presented free of charge by using the geolocation system.

Total VAT and delivery charges are shown on the order summary.

If the delivery is requested outside France, the order may be subject to taxes and customs duties when it arrives at its destination, these taxes and duties remaining the responsibility of the customer.

 

The Company reserves the right to modify its prices at any time ; however, the products ordered are invoiced at the price in force at the time of the validation of the order and can not be modified.

 

         Article 2-9 - VAT

 

Billing rules under the International Commercial Code :

 

  •       In France

Whatever the case, the VAT at the rate in force is due.

The amount of VAT is notified on the invoice.

A company, according to its status can then recover this VAT.

There are exceptions to this rule, since some vessels and certain activities such as fishing and assimilated seamen (coral worker) are entitled to a direct exemption from VAT.

This tax-deductible feature is integrated on our site, you just have to ask us for it and to provide us the justifications to be able to realize orders directly in tax refund.

 

  •       European Intra-Community

-       In Business To Business (B2B)

Invoicing can be done without VAT by declaring the intracommunity VAT number of the client company.

-       In Business To Client (B2C)

The VAT of the issuing country applies

 

  •       Outside the European Community

VAT is not applied, the sale is then tax-free.

Charge to the buyer to pay on receipt of the / these parcels of the import taxes and local taxes (including the VAT)

Non-resident French must provide us with copies of the current passport, a copy of the Registry card for French nationals established outside France and a copy of a local residence invoice (rent, electricity bill, etc.).

 

  •       Why can the VAT display be incorrect ??

Our site uses a geolocation system based on your IP address. According to this address, the system recognizes your geographical location and allows the application of the standard VAT rules above.

However, due to the saturation of IP addresses (V4) Internet service providers (ISPs) no longer have enough IP addresses and buy ranges from other countries. At this time, you can have an IP address from any country in the world !!

This distorts the geolocation system and misleads the program.

Finally, the best solution is to create your account, set up your mailing address. This will allow a correct display of prices with or without VAT depending on your location and your billing and delivery addresses.

 

         Article 2-10 - Order

 

Once the product (s) has been selected, the customer clicks on the "order" link: the basket is displayed. This is the order summary, specifying the product (s) ordered, their price, the VAT amount if applicable, the amount of the delivery, and the total amount of the invoice.

This allows the customer to check his order, correct any errors

The customer then fills out the customer card to find out the billing and / or delivery address, chooses the delivery method, checks the acceptance of these general conditions, and then chooses the method of payment.

The order is saved by clicking on the link "I confirm my order".

The customer then receives a pending payment e-mail if the payment has not yet been made, and then an electronic confirmation confirmation of the order summarizing the order with an identification number.

The order is archived by the company PROTEUSHOP under the legal conditions and deadlines. The customer can access this data at any time by contacting customer service.

 

         Article 2-11 - Retention of title clause

 

Under the terms of the Law of May 12, 1980, the products will remain the exclusive property of PROTEUSHOP until full payment. PROTEUSHOP's resale right shall also apply, where applicable, to the price or part of the resale price of these goods, as well as to the insurance indemnity that would be subrogated to them. The distributor will take all necessary measures to duly inform its creditors in good time.

 

 

         Article 3 - Methods of payment

 

         Article 3-1 - Means of payment

 

The payment of the order is made by bank transfer or credit card (Carte Bleue, Visa, Mastercard). Checks are no longer accepted.

Regarding payment by international transfer, the products will be shipped only after a period of 20 working days to allow PROTEUSHOP to verify the effectiveness of the transfer.

No banking information concerning the customer is transmitted via the PROTEUSHOP website.

 

         Article 3-2 - Security

 

Our site is subject to a security system. We have adopted the SSL encryption process, but we have also strengthened all of the jamming and encryption processes to protect most sensitive data related to the means of payment as efficiently as possible.

When a purchase is made, payment is made using Crédit Agricole's secure E-Transaction system. Your bank details are encrypted and thus totally protected against any form of piracy.

In the same way, the number of your card is at no time visible and / or preserved by PROTEUSHOP.

During your payment, the URL of the payment page must start with https: // to indicate that you are on a secure connection.

Crédit Agricole is approved by the Autorité de Contrôle Prudentiel and Resolution of the Banque de France. She is also a member of the GIE des Cartes Bancaires.

 

 

         Article 4 - Delivery

 

         Article 4-1 - Modalities of delivery

 

The product (s) will be delivered to the address indicated on the order or in relay point.

PROTEUSHOP works in partnership with a selection of carrier partners, enabling a selection of means of delivery at home or in relay points.

 

         Article 4-2 - Shipment

 

Once the full payment has been received by PROTEUSHOP, the product (s) in stock within the company will be dispatched within two working days, cases of absences making this delay impossible. broadcast by a banner / pop-up on the site.

Products that are not in stock within PROTEUSHOP will be the subject of a request from the supplier as soon as possible. On receipt, they will be sent to the customer within two working days, the cases of absences making this delay impossible are broadcast by a banner / pop-up on the site.

For the sake of economy for the customer, the order is shipped in a single time, unless otherwise requested by the customer. A supplement may then be requested in the context of multiple shipment.

 

         Article 4-3 - Delivery charges

 

The delivery costs are to be borne by the customer and indicated along the ordering tunnel and in the order summary as soon as the customer indicate the delivery address.

The Click & Collect delivery indicates a withdrawal to the store, instructs the customer to make an appointment with the store to proceed with the withdrawal of its goods.

 

         Article 4-4 - Receiving the Product

 

On receipt of the order, it is strongly recommended to verify the apparent condition of the product (s) in the presence of the delivery person and to indicate on the delivery slip all the defects found and then to confirm them in writing by registered letter with acknowledgment to PROTEUSHOP.

If the product is not distributed by a delivery person, it must be recorded, by the day of receipt, by registered mail with acknowledgment to PROTEUSHOP, of all product defects.

 

 

         Article 5 - Right of withdrawal, return and refund

 

Pursuant to Article L. 221-18 of the Consumer Code, the customer has 14 days from the date of receipt of the product, without justification or payment of penalties from him, for any order which does not fall within the scope of its commercial, industrial, artisanal or liberal activity.

 

The customer must send a mail to the Customer Service via the contact form and notify his intention to retract by means of an unambiguous declaration.

The link to the contact form is as follows: https://proteushop.fr/en/contact-us

The customer must return the product to SAS Proteushop at the latest within 14 days of notification of its decision to withdraw in accordance with Article L. 121-21-2. The customer bears the cost of returning the products.

 

The following are excluded from this right :

-       goods made especially for the customer,

-       clearly personalized goods,

-       goods liable to deteriorate or to perish rapidly (oxygen sensors for example)

 

The products must be returned in their original packaging, with their accessories and documentation. Any product used, degraded or damaged to make it unfit for sale can not be accepted.

 

If the return is refused, the products will be returned to the customer at the expense of the SAS PROTEUSHOP without the customer being able to ask for compensation or any refund

Reimbursement will be made no later than 14 days after receipt of the product.

 

 

         Article 6 - Legal and contractual guarantees, and liability

 

         Article 6-1 - Legal Warranties

 

In accordance with the applicable legal provisions relating to the conformity of the product with the order, in the case of latent defects (article 1641 et seq. Of the Civil Code), the customer has the choice between exchange or repair in case of manufacturing defect or failure .

 

         Article 6-2 - Contractual guarantees

 

Depending on the product, the customer has a contractual guarantee with the manufacturer, guarantee described in the description sheet of the product concerned.

In order to implement it, it is necessary to contact PROTEUSHOP in order to define the procedures for implementing the guarantee related to the product in question.

 

         Article 6-3 - Liability

 

PROTEUSHOP can not be held liable for any unforeseeable event, force majeure, unforeseeable and insurmountable third party contract or product non-conformity with foreign legislation in case of delivery in a country other than France.

Under no circumstances can a diver or an injured technician turn against PROTEUSHOP and / or its legal representatives.

 

 

         Article 7 - Intellectual Property

 

The general structure of the PROTEUSHOP website, as well as the texts, graphics, images, sounds and videos composing it, are and remain the intellectual property of PROTEUSHOP or its partners.

 

Any representation and / or reproduction and / or partial or total exploitation of the contents and services proposed by the site proteushop.fr, by any process whatsoever, without the prior authorization and in writing of PROTEUSHOP and / or its partners is strictly prohibited and could constitute an infringement within the meaning of Articles L 335-2 and following of the Code of Intellectual Property.

 

Sanctions : The user acknowledges and becomes aware that the non-respect of this prohibition constitutes an act of counterfeit reprehensible both civilly and criminally, incurring the penalties provided for in articles L. 713-2 and following of the Code of the intellectual property

 

 

         Article 8 - Personal data and cookies

 

The user is informed that the personal data are used exclusively within the scope of the service and are intended exclusively for PROTEUSHOP, which takes all necessary precautions in order to preserve, as far as possible, the security of the data.

 

When the user visits the site proteushop.fr, PROTEUSHOP is likely to implant a cookie in the computer of it. A cookie is a small block of data sent to the browser by a web server and stored on the hard disk of the user's computer. The cookie does not allow PROTEUSHOP to personally identify the user. Generally, it allows to record information relating to the navigation of the user's computer on the site proteushop.fr (the pages consulted, the date and time of the consultation, etc.) that PROTEUSHOP will be able to read during subsequent visits of the user. The latter can naturally oppose the registration of cookies by configuring its browser in order not to accept cookies. It can also delete cookies at any time and individually by referring to the user's manual of its computer.

 

PROTEUSHOP undertakes to preserve the confidentiality of the information provided by the buyer, which it would have to transmit for the use of some services. All information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address : Customer Service, PROTEUSHOP, 171 chemin de Samois, 77430 Champagne sur Seine, FRANCE.

 

         Article 9 - Applicable law and jurisdiction

 

Both the present site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.

Any litigation falls under the exclusive competence of the Commercial Court of MELUN (77000) even in case of multiple defendants or third parties.

If you have any questions regarding these terms and conditions of use, you can write to us at the following address:

PROTEUSHOP

171 chemin de Samois

77430 Champagne Sur Seine

FRANCE

 

         Article 10 - Rules for publishing and amending notices

Decree No. 2017-1436 of 29 September 2017 on the information obligations relating to online consumer notices:

Ranking of opinions:
All notices published on PROTEUSHOP are displayed in chronological order according to the date of filing of the notice.

Shelf life of notices:
Opinions published on the platform are not limited in time. We keep them for no time limit.

Control procedure, publication and refusal of opinions:
Moderation of the opinions published on the profiles is ensured by the administrators. Each member is free to publish or hide notices about him.

Modification of notices
The user can request a modification of his opinion to the administrators via the contact form. The modification will be effective only with the agreement of the parties (the client, the administrators).

In case of notification by a user, PROTEUSHOP ensures that the recommendation does not include defamatory terms, likely to be considered provocative or contrary to the laws in force.

 

         Article 11 - After-sales service

 

For any information, question or complaint, the customer can address the customer relations department of PROTEUSHOP from Monday to Friday, from 9 am to 6 pm:

Address: 171 chemin de Samois, 77430 Champagne sur Seine, FRANCE

Tel: +33.6.52.28.53.61

And by using the contact form on our website.

The link to the contact form is: https://proteushop.fr/en/contact-us

 

 

         Articles 12 - Legal notice

 

Legal Name : SAS PROTEUSHOP

President: Grégory VERNOUX

Registration number: 818 902 330 00013 R.S. MELUN

Intracommunity VAT number: FR 30818902330

Head office address: 171 chemin de Samois 77430 Champagne Sur Seine, FRANCE

Phone : +33.6.52.28.53.61

 

Hosting : OVH

SAS with capital of 10 000 000 €

RCS Lille Métropole 424 761 419 00045

Code APE 4764Z

VAT N ° : FR 22 424 761 419

Registered office : 2 rue Kellermann - 59100 Roubaix - France.

 

This site is registered with the French National Commission for Data Processing and Liberties (CNIL) under number 1789955 and complies with the provisions of Law 78-17 of 6 January 1978 relating to data processing, files and freedoms.

In accordance with French law 78-17 of 6 January 1978 relating to data processing, files and freedoms, you have the right to object (art. 26 of the law), access (art. the law) and rectifications (art. 36 of the law) of the data concerning you.