Terms and conditions of sale

The Seller publishes OXSEA products for consumers, sold through its website (https://www.oxsea.com). The list and description of the goods offered by the Company can be consulted on that website.

These Terms and Conditions of Sale set out the rights and obligations of the parties in the context of the online sale of Products or Services offered by KIPLING LTD.

These Terms and Conditions of Sale (the Terms) govern the sales of Products or Services made through the Company's websites and form 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 may amend these Terms at any time by publishing a new version on its website. The applicable Terms are those in force on the date of payment (or of the first payment in case of multiple payments) of the order. The Company also makes sure that acceptance is clear and unreserved by means of a tick box and a validation click.

The customer declares having read all of these Terms and Conditions of Sale and, where applicable, the Special Conditions of sale, delivery or refund linked to a product or a service, and accepts them without restriction or reservation. The customer acknowledges having received the advice and information needed to make sure the offer suits their needs. The customer declares being legally able to contract under the applicable laws or to validly represent the natural or legal person on whose behalf they commit.

Unless proven otherwise, the information recorded by KIPLING LTD constitutes proof of all transactions.

Prices shown on the website are in euros, all taxes included (VAT included), excluding delivery and customs costs (unless stated otherwise). Prices shown on your order once validated and recorded are firm and final.

OXSEA reserves the right to change the listed prices at any time, without notice, in particular to reflect events beyond its control.

To conclude the contract electronically and place an order, the customer goes through the following steps:

• information on the essential characteristics of the Product;
• choice of the Product and, where applicable, of its options; entry of the Customer's essential details (identity, email, address);
• acceptance of these Terms and Conditions of Sale;
• review of the order details (double-click formality) and, where applicable, correction of errors.

Before confirming, the Buyer can review the details and price of the order, correct any errors or cancel the order. Confirmation of the order forms this contract. Then follow the payment instructions, payment for the products, and delivery of the order.

The Customer receives confirmation of the payment of the order by email, along with an acknowledgement of receipt confirming the order. During the ordering process, the customer can identify and correct any errors made when entering data. The language offered for concluding the contract is French.

The terms of the offer and the terms and conditions of sale are sent back to the buyer by email at the time of the order and archived on the KIPLING LTD website. Communications, the order, its details and invoices are archived on a reliable and durable medium so as to form a faithful and durable copy. This information may be produced as proof of the contract.

For delivered products, delivery is made to the address given by the Customer. For the order to be properly fulfilled, the Customer undertakes to provide truthful identification details. KIPLING LTD reserves the right to refuse an order, for instance for any abnormal request, a request made in bad faith, or for any legitimate reason.

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, instructions for using the product. The consumer is informed, by marking, labelling, display or any other appropriate means, of the prices and special conditions of sale and performance of services before any contract of sale is concluded.

In all cases, the total amount owed by the Buyer is shown on the order confirmation page. The sale price of the product is the price in force on the day of the order, excluding shipping costs invoiced in addition. Any such costs are shown to the Buyer during the sales process and, in any event, when the order is confirmed. KIPLING LTD reserves the right to change its prices at any time, while guaranteeing the application of the price shown at the time of the order.

Where products or services are not performed immediately, clear information is given on the product page about the delivery dates of the products or services. The customer confirms having received a breakdown of delivery costs as well as the terms of payment, delivery and performance of the contract, and detailed information on the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of this sale.

KIPLING LTD undertakes to honour the Customer's order within the limit of available Product stocks only. Otherwise, the Seller informs the Customer; if the order has been placed and no agreement is reached with the Customer on a new delivery date, the Seller refunds the customer.

Contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer and of its prices is stated on the Company's websites, as is the minimum duration of the contracts offered when they concern a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted under these Terms are granted only to the natural person who signed the order (or the holder of the email address provided).

The products and services offered for sale under these Terms comply with the regulations in force on the safety and health of persons, fair commercial transactions and consumer protection. Independently of any commercial warranty, the Seller remains liable for lack of conformity and hidden defects of the product.

KIPLING LTD delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where the latter was its responsibility under the contract or was carried out under its responsibility. KIPLING LTD refunds or exchanges defective products or products that do not match the order. Refunds can be requested according to the refund policy (see Article 12 and the Returns and refunds section).

Products remain the property of KIPLING LTD until the price has been paid in full.

Products are delivered to the delivery address given at the time of the order and within the stated times. These times do not include the time needed to prepare the order. In case of late delivery, the Customer may terminate the contract. KIPLING LTD provides a point of contact, stated in the order confirmation email, to follow up on the order.

KIPLING LTD reminds the Customer that when they physically take possession of the products, the risks of loss or damage to the products are transferred to them. It is up to the Customer to notify the carrier of any reservations about the delivered product.

The buyer undertakes to take delivery within fifteen (15) days of the carrier's availability notice. Once this period has expired, the goods will be returned to the sender; the return costs and any re-shipment to the recipient are chargeable to the buyer.

If an item is unavailable for more than 10 working days, you will be informed immediately of the expected delivery times and the order for that item may be cancelled on simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Payment is due immediately upon ordering, including for pre-ordered products. The Customer pays by bank card or by one of the payment methods offered by our secure payment provider (Stripe Checkout). Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).

Secure online payment by bank card is handled by our payment provider. The information transmitted is encrypted according to best practice and cannot be read while in transit on the network. Once the Customer initiates payment, the transaction is debited immediately after the information has been checked. In accordance with the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their bank details at the time of sale, the Customer authorises KIPLING LTD to debit their card for the amount of the price shown. The Customer confirms that they are the legal holder of the card to be debited and are legally entitled to use it. In the event of an error or if the card cannot be debited, the Sale is immediately terminated by operation of law and the order cancelled.

The Buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of the order. Where the right of withdrawal is exercised within this period, the price of the purchased product(s) will be refunded, with return costs remaining at the Customer's expense.

Products must be returned in their original condition and complete (packaging, accessories, manual); where possible they should be accompanied by a copy of the proof of purchase. The buyer may return the order to the following address within a maximum of fourteen days: 62 Boulevard Henri Navier, 95150 Taverny, France.

A refund can only be processed if the returned products have not been altered in any way (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 the goods.

Shipping costs are not refunded: once the product(s) have been dispatched by the seller, the buyer bears the delivery and any delivery costs. For a return from a country outside the European Economic Area, the buyer must mark the invoice as a "product return" with no commercial value, for an amount of twenty (20) euros.

The refund will be made by KIPLING LTD by crediting the sale amount to the buyer's bank account or by bank transfer.

Upon receipt of the goods, the buyer must read the instructions supplied with the products. Reading and fully understanding these instructions is mandatory before using the product. The buyer must inform OXSEA (KIPLING LTD) that they have read and understood the instructions for the products purchased. To do so, the customer can inform KIPLING LTD by email at contact@oxsea.com or directly through the contact form available on the website.

What is covered. This warranty covers the original owner only, for all defects in materials or workmanship, as well as the regulators sold by OXSEA.

What is not covered. This warranty does not cover damage, failure or loss, nor cosmetic damage caused by:

• wear and/or deterioration;
• lack of maintenance;
• accidents, misuse, negligence, abuse, alteration or poor maintenance;
• failure to read, understand and follow the instructions and precautions described in our user manual;
• a regulator seized by corrosion following improper cleaning.

Warranty period. Limited warranty of six months for recreational and individual use. Limited warranty of six months for commercial or professional use.

If a problem occurs with one of your products during the warranty period: OXSEA undertakes to supply the necessary parts and to exchange the product if it shows a major manufacturing failure. To benefit from this warranty, you must return the defective product to our workshop at the following address: OXSEA, c/o Pelichet SAS, Rue de la Bergerie, 01170 Cessy, France. Once the failure has been confirmed, we will send you a new product.

If a problem occurs outside the warranty period: OXSEA undertakes to provide maintenance on your equipment for a further 6 months, that is one year after the purchase date of your product. You may send your product to our workshop at the address above. If your product can be repaired, it will be returned to you free of charge. If your product cannot be repaired, neither a refund nor an exchange will be covered. Shipments to the workshop are not paid for 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 (receipt and dispatch) are not covered by the warranty and are therefore borne by the buyer. The product must be accompanied by dated proof of purchase and the warranty certificate. Under the warranty policy, OXSEA will not refund the consumer the purchase price. Repair or replacement of the defective products, parts or accessories specified above is the sole remedy under this warranty.

IN NO EVENT SHALL OXSEA BE LIABLE FOR DIRECT OR INDIRECT DAMAGES. By purchasing this product, it is agreed and understood that in no event shall OXSEA (KIPLING LTD), its distributors or its retailers be held liable for bodily injury resulting from the operation of OXSEA tanks, or for any other direct, indirect or incidental damage.

The website shows a 24-month warranty on product pages. This article reproduces the text of the current terms; the applicable period is being confirmed.

Software, images, videos, texts or, more generally, any information on the website that is subject to intellectual property rights are protected and remain the property of their respective owners. No transfer of intellectual property rights is made through these Terms. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly forbidden.

KIPLING LTD cannot be held liable for non-performance of the contract due to an event of force majeure. For products purchased for professional needs, KIPLING LTD shall bear no liability for any indirect damage arising from these Terms, loss of business, loss of profit, damage or costs that may arise.

In the case of a business-to-business sales contract, the parties agree to submit this contract to French law. The competent court in the event of a dispute shall be the one chosen by the seller, KIPLING LTD.

Should any provision of this contract be declared void, such invalidity shall not entail the invalidity of the other provisions, which shall remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.

KIPLING LTD processes personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:

• the identity and contact details of the data controller and, where applicable, of the controller's representative: the Seller, as stated at the top of these Terms;
• the contact details of the data protection officer: none appointed to date;
• the legal basis for processing: performance of the contract;
• the recipients or categories of recipients of personal data: the controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations, and any authority legally entitled to access the personal data in question;
• the data retention period: the duration of the commercial limitation period;
• the data subject has the right to ask the controller for access to their personal data, its rectification or erasure, or a restriction of processing concerning them, as well as the right to object to processing and the right to data portability;
• the data subject has the right to lodge a complaint with a supervisory authority;
• the information requested when ordering is necessary to issue the invoice (legal obligation) and to deliver the goods ordered; without it, the order cannot be placed.

No automated decision-making or profiling is carried out through the ordering process.