Terms and conditions of sale

The conditions set out below apply only to the sale of finished products which are marketed by the Company JB OCEANE on its website.

The price and essential characteristics of the products are presented for each of them on the following pages. They can be accessed by clicking on the icon corresponding to each product.

The photos showing the products are not contractual.

The products that are presented on the Company's website JB OCEANE are sold while stocks last.

Availability is assessed according to the payment methods offered to the buyer. In the case of payment by credit card on our secure site, availability is assessed at the time of the order. In the case of payment by cheque, availability is assessed on receipt of the cheque.

If the product is no longer available on this date, the customer will be informed as soon as possible. A message will be sent to your e-mail address.

Code of Conduct :

There is no Code of Conduct :

There is a code of conduct which can be accessed on the website by applying the dedicated section.

The term product refers to any product ordered, whether it is a single product or several products

Buyer :

The buyer declares that he is legally capable of placing an order.

He may only purchase the products for his own personal consumption or that of his family. He thus declares that he is acting as a consumer and not as a professional

Seller :

The seller is the Company JB OCEANE, SARL whose head office is in Concarneau at Kerilin, which you can reach at the following email address jean.burel.conserverie@wanadoo.fr and on the following telephone number: 02.98.97.47.48

The telephone contact is charged on the following basis: (to be specified)

For convenience, the Company JB OCEANE will be referred to by the generic term

The "seller".

 

ARTICLE 1: CONDITIONS OF SALE

1.1 Applicable language

All orders must be placed in French.

1.2 Applicable Law and Scope of the Terms of Sale and Duration of the Contractual Relationship

All orders are subject to French law, regardless of the nationality of the buyer or the place of delivery.

The conditions set out below only apply to the sale of products on the seller's website.

There is no minimum duration to our contractual relationship.

1.3 Formation of the Contract

  • Form

Sales are concluded exclusively by exchange of e-mails.

  • Placing the order

The order is placed by scrolling down the order menu. This menu allows you, after having been able to identify the products, their price, the delivery times, to select them, to visualize your order, to correct it, in particular of its possible errors, if necessary, to confirm your acceptance which will engage you to pay the price.

In this respect, the ordering menu contains the statement that your order requires payment.

As soon as your order is placed, you will receive a confirmation document on a durable medium within 24 hours.

This document shall constitute the contract. It shall include all the information referred to in I of Article L. 221-5 of the Consumer Code, unless they have already been provided to you, on the same medium, before the conclusion of the contract.

You will also receive a standard withdrawal form.

  • Right of withdrawal

This right does not apply to food products.

- Archiving

Where the contract is for a sum equal to or greater than an amount fixed by decree, the seller shall keep the written record of the contract for a period of time determined by the same decree and shall guarantee access to the other party at any time if the latter so requests.

In accordance with the provisions of Article D 213-1 of the Consumer Code, this amount is set at 120 Euros.

-The period is set at ten years from the conclusion of the contract where the delivery of the goods or performance of the service is immediate.

Otherwise, the period runs from the conclusion of the contract until the date of delivery of the goods or performance of the service and for a period of ten years thereafter.

1.4 Delivery Time and Place of Delivery

The delivery period starts from the day of payment. If the payment is made by card on our secure site, the delivery time starts to run as soon as the payment is made. If payment is made by cheque, the delivery period shall begin on the day of receipt of the cheque, provided that it is made out to the seller and that it relates to the exact price of the products purchased.

From either of these dates, the period is on average xxx clear days. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is postponed to the next working day.

The deadline for delivery is xxxx days.

The delivery period shall be increased in the event of a strike, whether general or special, involving the seller or its supplier(s). It shall also be increased in the event of impossibility of delivery, in particular as a result of bad weather or in the event of force majeure.

If delivery is not made within the above-mentioned period, the buyer may withdraw from the sale in the manner set out below if, after having enjoined the seller in the same manner to make delivery within a further period of 15 days, delivery is not made within this period.

The contract shall be deemed to be terminated upon receipt of the first of the above-mentioned letters informing the seller that the contract is terminated, unless delivery has taken place in the meantime.

The request for rescission may be submitted either by registered mail with acknowledgement of receipt or by electronic mail, provided that the mail is forwarded by a third party in a way that makes it possible to identify the third party, to designate the sender, to guarantee the identity of the addressee and to establish whether or not the letter has been delivered to the addressee.

In case of cancellation, any sum paid by the buyer must be returned to him at the latest within fourteen days of receipt of the request for cancellation. After this date, the sum paid by the consumer is automatically increased by 10 % if the refund is made within thirty days after this term, by 20 % up to sixty days and by 50 % thereafter.

1.5 Receipt of the Product

Upon delivery of the product, the buyer checks that it conforms to the order.

Any damage found must be noted on the transport documents and must be reported to the seller without delay.

1.6 Guarantees

  • Packaging

The products are delivered in a package that specifies their nature, quantity and, if applicable, weight, as well as their ingredients and the seller's address.

The seller guarantees the buyer the sincerity and accuracy of this information. The buyer undertakes not to modify it. The seller undertakes not to make any offer or advertisement that does not comply with the information on the packaging of the products.

  • Hidden Vices

The product benefits from the legal guarantee against hidden defects. The natural deterioration of the product resulting either from exceeding the recommended date for its use or consumption, or from its use, storage or conservation in conditions likely to alter its structure or qualities, does not constitute a hidden defect.

  • Product Compliance - Standards

The conformity of the product can only be assessed by reference to French standards.

Conformity must be assessed with regard to the nature of the product and, where appropriate, the time within which it is to be consumed or used. Once this period has elapsed, conformity can no longer be assessed in relation to the qualities for which the product was presented.

The buyer may not rely on a lack of conformity by invoking a defect that he knew or could not have ignored.

  • Responsibility

The seller shall be fully liable for the obligations arising from the contract, irrespective of whether these obligations are performed by him or by other service providers, subject to his right of recourse against the latter.

However, he may be exempted from all or part of his liability by proving that the non-performance or poor performance of the contract is attributable either to the purchaser, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure

1.7 Intellectual Property - Industrial - Design

The seller guarantees to the buyer that he is the owner of the rights to the trademarks, designs or models that are reproduced by the products or on the packaging of the latter.

The buyer undertakes not to infringe these rights.

The seller retains exclusive ownership of all techniques, knowledge, practices or experience that it uses in the manufacture of the products sold. Under no circumstances shall the sale of the products transfer the ownership, the right of exploitation and reproduction or the use of the seller's rights, techniques, know-how or experience, whatever claim(s) may be made on these techniques, know-how or uses.

The seller therefore reserves the right to take any action to defend its rights.

Furthermore, it cannot be required to communicate any techniques or knowledge it uses to manufacture the products sold.

ARTICLE 2: PAYMENT CONDITIONS

2.1 Prices and Invoice

The prices of the product(s) include:

  • VAT,
  • Taxes of any kind, subject to the reservations below,
  • The cost of

These prices do not include :

  • Transport costs for deliveries in France. These costs are added to the price. They are calculated on the basis of the price listed on our
  • Transport and customs charges for all deliveries outside the territory
  • The cost of special packaging requested by the buyer.

When placing your order you can check all the elements that are included in the price. The acknowledgement of your order states the price you will have to pay and

any additional costs, including transport costs. An invoice will be sent to you when the ordered products are sent.

2.2 Payment and Transfer of Ownership - Risk

The accepted means of payment are presented in the drop-down menu for placing the order. They appear at the beginning of the ordering process.

Any sum paid in advance constitutes a deposit. No withdrawal is possible without the agreement of the seller.

Payments can be made either by credit card on our secure website or by cheque. If the payment is made by cheque, the payment is only made once the cheque has been cashed.

If, despite one of these two payment procedures, payment has not been made, the buyer shall pay default interest at the rate of 1.2 % per month. This interest shall start to run from the expiry of the above-mentioned withdrawal period.

In addition, if in order to recover the amount of its claim, the seller is obliged to initiate proceedings, the buyer shall, subject to the provisions of Article 700 of the N.C.P.C., pay the seller a fixed indemnity of 5% of the amount of the invoices due, exclusive of tax, in order to cover its administrative costs.

Until payment is made, the seller will retain ownership of the product.

However, all risk of loss or damage to the delivered product(s) shall pass to the buyer as soon as he personally or the person he has appointed for this purpose takes possession of them

The seller may claim ownership of the product sold from the day following the day on which payment is due. However, from the time of delivery and until such time as this payment is made or, in the event of a claim, until the seller apprehends the product, the buyer shall bear all risks, in particular those relating to theft, destruction or deterioration of the product, whether voluntary or accidental. He shall also bear all risks and commitments, of whatever nature, that he may have made with regard to the product.

Finally, he shall compensate the seller for any damage he may suffer and, in particular, for any damage caused by the depreciation of the product.

ARTICLE 3: PERSONAL DATA

If the buyer gives his consent to the use of personal data collected by the seller's merchant site, he has a right of access, opposition and rectification at any time. They may exercise this right by contacting the seller, whose contact details are given above.

ARTICLE 4: DISPUTE

In the event of a dispute, the parties undertake to try to resolve it amicably and will make every effort to do so.

- In the absence of conciliation, the buyer may refer the matter to the mediator for consumer disputes under the conditions set out in the order of 20 August 2015 and its implementing decree(s).

The mediator chosen by the seller is: The mediator of the federation of trade and distribution. You can contact this mediator at the following Internet address https://mediateur.fcd.fr/

The mediation organised by this order is optional. The referral of the case to the competent court is not, therefore, subject to its prior approval.

The seller reserves the right to set up its own consumer mediation system.

-In the absence of an amicable settlement, any dispute arising out of or in connection with the mutual commitments, including those concerning their existence or validity, shall be brought before the competent court in accordance with the Consumer Code and the Code of Civil Procedure.

 

The general terms and conditions of sale are subject to change without notice and without prejudice to the customer.