Terms and Conditions of Sale

PREAMBLE

The Seller is a publisher of Oxsea products intended for consumers, marketed through its website (https://oxsea.com). The list and description of the goods offered by the Company can be consulted on the aforementioned site.

Article 1: Purpose

These Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by OXSEA LLC.

Article 2: General Provisions

These Terms and Conditions of Sale (TCS) govern the sales of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable TCS are those in effect at the date of payment (or the first payment in case of multiple payments) of the order.
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The customer declares having read all of these General Terms and Conditions of Sale, and, where applicable, the Specific Terms and Conditions of Sale, Delivery or Refund related to a product or service, and accepts them without restriction or reservation.
The customer acknowledges that he has benefited from the necessary advice and information to ensure that the offer meets his needs.
The customer declares that he is able to legally contract under the laws or validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by OXSEA LLC constitutes proof of all transactions.

Article 3: Prices

The prices listed on the website are indicated in US dollars, including all taxes (VAT) – excluding shipping and customs fees (unless otherwise stated).
The prices listed on your order after validation and registration are firm and final. Oxsea reserves the right to modify the prices at any time without prior notice, particularly to account for any events beyond its control.

Article 4: Conclusion of the Online Contract

The customer must follow a series of steps to conclude the contract electronically to place the order: Information on the essential characteristics of the Product; Choice of the Product, if applicable, of its options – Indication of the essential contact details of the Customer (identification, email, address…); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (formality of the double click) and, if necessary, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will result in the formation of the present contract. Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have the opportunity during the ordering process to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is English.
The terms of the offer and the general terms and conditions of sale are sent by email to the buyer at the time of the order and archived on the website of OXSEA LLC.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy. These information can be produced as proof of the contract.
For products delivered, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer agrees to provide his true identification details. OXSEA LLC reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and Services

The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the method of use of the product. The consumer is informed, by means of marking, labeling, display or any other appropriate means, of the prices and particular conditions of the sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, not including the shipping costs which are invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the moment of the order confirmation. OXSEA LLC reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When products or services are not executed immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The client certifies having received details of the delivery fees as well as the terms of payment, delivery, and execution of the contract, as well as detailed information regarding the identity of the seller, their postal, telephone, and electronic contact information, and their activities within the context of the present sale. OXSEA LLC undertakes to honor the Client’s order within the limit of available stocks of Products only. Otherwise, the Seller informs the Client; if the order has been placed, and in the absence of an agreement with the Client on a new delivery date, the Seller refunds the client.
The contractual information is presented in detail and in English. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices is specified on the company’s websites, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Unless special conditions, the rights granted under these are only to the natural person signing the order (or the person holding the email address communicated).

Article 6: Conformity

The products and services offered for sale through these TCS comply with the regulations in force regarding the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product.
OXSEA LLC delivers a product compliant with the contract and is liable for defects of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, installation instructions or installation when it has been made its responsibility by the contract or has been carried out under its responsibility.
OXSEA LLC refunds or exchanges defective products or those not corresponding to the order. The refund can be requested in the following manner: see refund policy.

Article 7: Retention of Ownership Clause

The products remain the property of OXSEA LLC until full payment of the price.

Article 8: Delivery Methods

The products are delivered to the delivery address that was indicated during the order and within the time indicated. These times do not take into account the preparation time of the order. In case of delayed delivery, the Client has the possibility to resolve the contract. OXSEA LLC provides a telephone contact point indicated in the order confirmation email to ensure order follow-up. OXSEA LLC reminds that at the moment when the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Client’s responsibility to notify the carrier of any reservations about the product delivered. The buyer agrees to take delivery within fifteen (15) days following the notice of availability from the carrier. After this period, the goods will be returned to the sender, the return costs and any reshipping costs to the recipient being charged to the buyer.

Article 9: Availability and Presentation

In case of unavailability of an item for a period exceeding 10 working days, you will be immediately informed of the foreseeable delivery times and the order of this item may be canceled on simple request. The Client may then request a credit note for the amount of the item or its full refund and the cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Client can make the payment by credit card or PayPal. Cards issued by banks domiciled outside the United States must necessarily be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The transmitted information is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Client authorizes OXSEA LLC to debit his card for the amount relating to the indicated price. The Client confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 11: Right of Withdrawal

The Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased products will be refunded, the return costs remaining at the charge of the Client. The returns of products “`html
are to be made in their original condition and complete (packaging, accessories, instructions); they must if possible be accompanied by a copy of the proof of purchase. The buyer can return his order to the following address within a maximum period of fourteen days:

FRANCE

Article 12: Refund

Refunds can only be processed if the returned products have not been altered (including during transport) and are in their original packaging.
The buyer may be held liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of these goods.
Shipping costs are not refunded once the products have been sent by the seller, the buyer is responsible for the delivery as well as any return shipping costs. In the case of a return from a country outside the European Economic Area, the buyer must mention the title “product return” without commercial value on the invoice for an amount of twenty (20) dollars ($). The refund will be made by OXSEA LLC by crediting the amount of the sale to the buyer’s bank account or by bank transfer.

Article 13: Acquisition

Upon receipt of the goods, the buyer must read the instruction manual provided with the products. Full reading and understanding of these conditions is mandatory before using the product. The buyer must inform Oxsea (OXSEA LLC) that he has read and understood the instruction manual of the acquired products. To do this, the customer can inform OXSEA LLC by email: contact@oxsea.com or directly on our contact form available on our site: https://oxsea.com/contact-and-faq/

Article 14: Warranty

What is covered:
This warranty covers only the original owner, all material or manufacturing defects as well as regulators sold by OXSEA.

What is not covered:
This warranty does not cover damages, failures or losses, nor aesthetic damages caused by:

– wear and/or deterioration
– lack of maintenance
– accidents, misuse, negligence, abuse, alteration or poor maintenance
– inability to read, understand and follow the instructions and precautions described in our user manual.
– a regulator locked due to corrosion following improper cleaning

Warranty duration:

Limited warranty to six months for recreational and individual use. Limited warranty to six months for commercial/professional use.

If you encounter a problem with one of your products during the warranty period: Oxsea commits to providing you with the necessary parts and to exchange the product if it has a major manufacturing defect. To benefit from this warranty, you will need to return the defective product to our workshop at the following address:

OXSEA

At Pelichet SAS

Rue de la bergerie

01170 Cessy

After confirming the defect, we will send you a new product.

In case of a problem outside the warranty period: Oxsea commits to maintaining your equipment for an additional 6 months. That is one year after the date of purchase of your product. You can send your product to our workshop at the address indicated above. If your product is repairable, it will be returned to you free of charge. However, if your product is not repairable, neither the refund nor the exchange of your product will be covered.

Please note that shipments to the workshop are not covered by OXSEA.

OXSEA’s Obligation.

During the warranty period, OXSEA will repair or replace (with an identical or equivalent product) the defective product, part, or accessory under warranty. Shipping and handling costs (receiving and sending) are not covered by the warranty and will be charged to the buyer. The product must be accompanied by a dated proof of purchase and the warranty certificate. As part of the warranty policy, OXSEA will not reimburse the consumer for the purchase price.

The repair or replacement of the defective products, parts, or accessories specified above are the only remedies under this warranty. UNDER NO CIRCUMSTANCES WILL OXSEA BE LIABLE FOR DIRECT OR INDIRECT DAMAGES.

By purchasing this product, it is agreed and understood that in no case shall Oxsea (OXSEA LLC), its distributors or retailers be held responsible for bodily injuries resulting from the operation of Oxsea tanks, or for any other direct, indirect, or incidental damages.

Article 15: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these TCS. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force Majeure

OXSEA LLC cannot be held liable for the non-performance of the contract concluded, due to the occurrence of a force majeure event. In the case of products purchased to meet business needs, OXSEA LLC will not be liable for any indirect damages resulting from these, business interruption, loss of profit, damage, or expenses, which could occur. In the case of a sales contract from professional to professional, the parties agree to submit this contract to US law.
The competent court in case of dispute will be chosen by the seller – OXSEA LLC.

Article 17: Nullity and Modification of the Contract

If one of the provisions of this contract is annulled, this nullity does not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 18: Protection of Personal Data

OXSEA LLC implements a personal data processing that aims at the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements: – the identity and contact details of the data controller and, where applicable, the data controller’s representative: the Seller, as indicated at the top of these TCS; – the contact details of the data protection officer: _____ – the legal basis of the processing: the contractual performance – the recipients or categories of recipients of the personal data, if any: the data controller, its marketing services, IT security services, sales, delivery and order processing services, subcontractors involved in delivery and sales operations, and any legally authorized authority to access the personal data in question – the retention period of the data: the time of commercial prescription – the person concerned has the right to request from the data controller access to personal data, rectification or erasure thereof, or restriction of processing related to the person concerned, or the right to object to processing and the right to data portability – The person concerned has the right to lodge a complaint with a supervisory authority – the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise, the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 18: Applicable Law and Clauses

The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

Last updated on: 06/25/2024