Terms & Conditions

 

Article 1: DEFINITIONS AND PURPOSE

We welcome you to our website www.from-the-sea.com

1.1 These Terms and Conditions of Sale are proposed by FROM THE SEA (hereinafter “The Company”).

1.2 FROM THE SEA Company is registered in the Papeete Territorial Business Register under the number Tahiti C92760.Its email address is contact@from-the-sea.com

1.3 The Company is the publisher of www.from-the-sea.com (hereinafter referred "The Site”). The Site is hosted by WIX.COM LTD, a foreign company registered with the RCS whose registered office is located at 40 Port of tel Aviv.

1.4 The Site offers the Customer (hereinafter ‘’ the Customer ‘’) the opportunity to purchase fashion accessories (hereinafter "the Products‘’).

1.5 Prior to any use of the Site, the Customer must ensure that it has the technical and computer means to use the Site and to order the products on the Site, and that its browser allows secure access to the Site. The Customer must also ensure that the IT configuration of its hardware/equipment is in good condition and does not contain viruses.

Article 2: ORDERS' VALIDATION AND ELECTRONIC SIGNATURE:

2.1 The purpose of these Terms and Conditions is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Order (‘’ Order ‘’) of products placed on the Site by the Customer.

2.2 These conditions apply exclusively to natural persons who are not business person.

2.3 The Customer declares that he has read and accepted these Terms and Conditions before placing his Order. The validation of the Order is therefore equivalent to acceptance of these Terms and Conditions. These are regularly updated, the applicable Terms and Conditions are those in force on the Site on the date of placing of the Order.
 

2.4 Any contrary condition imposed by the Customer would therefore be, in the absence of express acceptance, inoperable for the Company regardless of when it may have been brought to its attention.

2.5 The fact that the Company does not exercise at any time any provision of these Terms and Conditions shall not be construed as a waiver of any provision of these Terms and Conditions.

Article 3 : PRICE

 

3.1 All prices are indicated in euros HT, VAT not applicable, deductible in base and excluding delivery costs, unless otherwise stipulated (see paragraph delivery terms and deadlines).

3.2 The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates his Order, completes and validates his delivery details.

3.3 FROM THE SEA reserves the right to change its prices at any time without notice. The products will be invoiced on the basis of the tariffs in force at the time of the order registration.

3.4 The Order of the products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer

 

3.5 The Site uses the secure system of STRIPE and PAYPAL, providers specialized in secure online payment. These systems guarantee the Customer the total confidentiality of his banking information. The bank card transaction carried out between the Client and the secure system is therefore fully encrypted and protected. The Customer’s banking details are not stored electronically by the Company.

3.6 The Customer guarantees that the Company has the necessary authorisations to use the payment method when placing the Order.

Article 4: ORDERS AND PRODUCT AVAILABILITY

4.1 The Customer can order online at www.from-the-sea.com

4.2 The company FROM THE SEA reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or which presents in its eyes some form of risk.

4.3 Marketed products are those listed on www.from-the-sea.com and are non-professional products.
 

4.4 While taking the utmost care and accuracy in making the information available online, the descriptions of the articles and the data available on the site and their regular updates, the Company cannot be held liable for any non-substantive errors that may occur.  The photographs and specifications of the products presented cannot be contractual and are given for information purposes only. A minimal variation in the color or shape of the product(s) does not bind the Company and does not affect the validity of the sale.

4.5 The Company reserves the right to correct the content of the Site at any time.

4.6 The Customer selects the product(s) he wishes to purchase, and can access at any time at the summary of his Order. The summary of the Order presents the list of the product(s) selected by the Customer, and includes any additional costs such as the delivery price added to the price of the product(s) of the Order.

4.7 After accessing the summary of its Order, the Customer confirms the acceptance of its Order by ticking the validation box of the Terms and Conditions and then clicking on the Order validation icon. The word “Payment Obligation Order” or any other similar formula without any ambiguity appears next to the Order validation icon to ensure that the Customer explicitly recognizes its obligation to pay the Order.

4.8 After acceptance of the Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.

4.9 After the validation of his Order and in order to be able to proceed with the payment, the Customer enters the contact details to which he wants delivery of the ordered product(s), and billing if they are different. The delivery process for the ordered product(s) is described in SECTION 6 of these Terms and Conditions.

4.10 The Company sends the Customer an Order confirmation by email, listing the elements of the summary of its Order and the delivery addresses and, if applicable, invoicing entered.


4.11 The Company undertakes to honor the orders received on the website only within the limit of the available stocks of the products.

4.12 All products offered by FROM THE SEA to its customers are in principle available. If one or more ordered product(s) is not available, the Company undertakes to inform the Customer as soon as possible by email. The Customer’s order will then be automatically cancelled and the corresponding amount refunded.

 

Article 5: PAYMENT AND SECURITY

Payment of purchases is made at the customer’s choice:
- by credit card: Visa, Mastercard, Carte Bleue, American Express
- by Paypal

Payment by secure CB :
You can make payment by credit card: in this case, the payment is made on the website of our partner Stripe. This means that no banking information about you is sent via www.from-the-sea.com
The details of your credit card are encrypted using the SSL (Secure Socket Layer) protocol and never transit in clear on the network.

Payment by Paypal:
The Company FROM THE SEA does not store any details relating to the Customer’s banking information. Payment by Paypal is available directly by credit card or via the Paypal account

 

Control of the regulations:
The website www.from-the-sea.com reserves the right to check the validity of the regulation, prior to the dispatch of the order, by any means that the seller deems necessary (including the request for identification or proof of domicile, etc.).

The order validated by the customer will only be considered effective by www.from-the-sea.com when the relevant bank payment center have given their payment agreement.

Encryption of the information:
www.from-the-sea.com is hosted by Wix.com. Wix works with the SSL (Secure Socket Layer) system to encrypt credit card information.

Wix complies with the PCI DSS (Payment Card Industry) standard and is certified at Level 1 in Merchant and Supplier Service.  The PCI DSS is an information security standard for organizations or companies accepting credit card payments. These standards help create a secure environment by increasing card holder data. This reduces credit card fraud. 

Default of Payment:
The Company reserves the right to suspend or cancel any performance and/or delivery of an Order, whatever its nature and level of performance, in the event of default of payment or partial payment of any sum that would be owed by the Customer to the Company, in the event of a payment incident, or in the case of fraud or attempted relative fraud

Article 6: DELIVERY AND DEADLINES

6.0 The Site www.from-the-sea.com is an e-boutique based in Tahiti, French Polynesia. Tahiti is located in the middle of the Pacific Ocean, all international postal shipments are therefore made by air according to the tariffs applied by the Post and Telecommunications Office of Polynesia, according to the total weight of the Order.

6.1 The Product(s) proposed on the Site may be delivered in any country.

6.2 Mail-outs are carried out by the Polynesia Post and Telecommunications Office (OPT) at the address indicated by the customer, who undertakes to receive the ordered product.


6.3 In the event of an input error (including an incorrect or incomplete delivery address), the Company cannot be held responsible for the consequences in terms of delay or impossibility of delivery. The Customer must ensure that the information communicated is correct, and that it remains so until complete delivery of the product(s) ordered. All costs related to the possible re-shipment of the products due to an error in the Customer’s entry will be the sole responsibility of the Customer. From the moment the order has been validated and settled, the address can no longer be changed.

6.4 The Company will also not be liable if the non-receipt of the Products is due to the fact of a third party outside its intervention or in case of theft.

6.5 The production time is maximum 5 working days after receipt of the order. Packages are shipped from Monday to Saturday. International shipments (excluding Polynesia) are carried out in the "priority aircraft" mode, which is the fastest mode of shipment from French Polynesia. The Company undertakes to deliver the Product(s) within 7 to 14 working days in France.

6.6 In the event of the Order being returned due to the absence of the Customer, the Company Customer Service will contact the Customer for a second delivery at the Customer’s expense.

6.7 In the event of the customer’s absence, the customer will be informed of the attempted delivery by means of a notice of passage from the carrier and the arrangements for retrieving the parcel.

6.8 The Customer may follow the delivery of his Order by contacting Customer Service by email at contact@from-the-sea.com. He will also be able to follow his delivery with the parcel number thanks to the shipment number of his parcel on the website of the carrier chosen by the Customer.

6.9 The delivery times indicated above are to be taken into account from the moment the package leaves our premises.  We do not accept any responsibility for the lengthening of delivery times due to the carrier, particularly in the case of bad weather, strikes or major forces.

6.10 If the package is not received despite the delivery status of the package visible in the delivery tracking, the customer may contact the Company at contact@from-the-sea.com for further information.

6.11 No order may be compensated if the improper performance or non-performance of the contract is attributable, either to the consumer or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure, in accordance with article L121-20-3 of the Consumer Code.

6.12 All products leave our premises in perfect condition. The customer must inform the carrier (or letter carrier) of any impact (holes, crushing marks, etc.) on the package. The exchange or refund of any product declared, a posteriori, damaged during transport, without any reservation being issued at the reception of the parcel, cannot be taken care of.

6.13 The customer is also required to report any items missing from the order that have not previously been reported as missing from the order by our services. The time limit for this is 14 days, according to article L.133-3 of the Commercial Code, to report any damage. In addition to this period, the claim will not be processed, and any possible commercial action cannot be initiated by the Company FROM THE SEA

6.14 Customer must report any delivery incident within 7 days to customer service by email at contact@from-the-sea.com

Article 7: EXCHANGE, RETURN and REFUND

7.1 Pursuant to sections L.120-20, the consumer has fourteen (14) calendar days to return the goods, as the products are not suitable for the consumer. The Website www.from-the-sea.com extends this deadline to 15 days. For any return request, please do not hesitate to contact us at contact@from-the-sea.com.

7.2 In the case of an exchange, the return costs will be borne by the customer. From the moment when the exchange procedure is initiated with the Customer, the latter must deposit, within the prescribed period, the parcel returned either to the Post office according to the delivery method chosen, and is required to inform the Customer Service of FROM THE SEA.

7.3 The exchange does not imply the reservation of an article. If at the time of receipt of the return package, the item requested in exchange is no longer available in stock, the customer will not be able to claim it. FROM THE SEA will then offer the customer another item or a refund.

7.4 Only over the returned products as a whole, in their original packaging complete and intact, and in perfect condition for resale.

Any returned product used, damaged or incomplete will not be refunded, taken back, or exchanged. In this case, no refund can be due, the customer will remain owner of the product, that he can be returned to his address at his expense within fifteen days.

7.5 In the case of receipt of a damaged product (damaged, other), the customer is required to inform the customer service within 2 working days following receipt of this parcel. After this period, the damage signalling cannot be admissible and the undertaking is exempt from the obligation of commercial action.

7.6 Discounted items may not be exchanged, only refunded or credit note. It will then be necessary to return the article(s) for the chosen procedure, and to retake order on the site if necessary.

7.7 In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid or the exchange of the product. In the event of exercise of the right of withdrawal, the seller shall make every effort to reimburse the consumer within 15 days of receipt of the parcel returned to our premises.

7.8 If the amount of the customer’s exchange order exceeds the amount of his initial order, he may pay the difference by bank transfer after speaking with the Customer Service of FROM THE SEA. The shipment of the exchange order of the customer is conditioned by the validation of this payment.

If the amount of the customer’s exchange order is less than the amount of the initial order, FROM THE SEA will refund the difference within 10 working days.

Methods of repayment:

The refund is made:
- by credit card for customers who have paid by this method of payment
- by paypal for customers who have paid by paypal.
- by bank transfer for customers who have paid by this method of payment.

As part of a refund, the return costs are the responsibility of the Customer.

Customers are kindly requested to contact us at contact@from-the-sea.com for the Company’s mailing address. The customer is responsible for the proper disposal of the return of his articles until reception in our premises. Also, if any damage can be detected (loss, theft, other) of the package in return, FROM THE SEA will make all necessary efforts to compensate the customer insofar as the customer has returned his items with all the predispositions stated above (package tracking, proof of return, weight of returned package.). In such cases, FROM THE SEA assumes no liability and cannot guarantee any compensation.

Your refund will be effective upon receipt of the parcel and after a processing time of fifteen working days.

Article 8: CUSTOMS FEES

8.1 Any order placed on the site and whose country (or region) of delivery is outside metropolitan France may be subject to customs duties. These duties are imposed by the country’s existing regulations. These taxes are the responsibility of the customer (in its entirety: customs fees and additional customs clearance fees). The Company is not required to verify and inform its customers of applicable duties and taxes.

8.2 The customer must check with the competent authorities of his country before placing his order. The Company FROM THE SEA cannot, in any case, suffer from the payment of its costs. 

8.3 In the event of the recipient’s refusal to pay duties or taxes, any amounts claimed and taxed on FROM THE SEA to recover the package will be deducted from the amount of the refund made to the customer.  Delivery costs initially paid by the customer will also be deducted from the refund amount.

 

Article 9: CUSTOMER SERVICE

9.1 For any request for information, clarification or complaint, the Customer must first contact the Company’s Customer Service Department in order to enable the latter to try to find a solution to the problem.

9.2 The Company’s Customer Service is available from Monday to Saturday, from 9am to 6pm (Papeete time zone) by email at contact@from-the-sea.com or by Messenger on the FROM THE SEA Facebook page.

Article 10: INTELLECTUAL PROPERTY

10.1 All elements of this Site and the Site itself are protected by copyright, trademark, design and/or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

10.2 "FROM THE SEA" is a registered and protected trademark at the National Intellectual Property Institute (filing with national number 4485872).  The name and brand “FROM THE SEA”, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

10.3 In accordance with the provisions of the Intellectual Property Code, no person shall be permitted to reproduce, exploit, or use, in any capacity, even in part, any part of www.from-the-sea.com.  Any use of the name FROM THE SEA or of elements of the site, even partial ones, may give rise to lawsuits and sanctions, regarding infringement of intellectual property rights.

10.4 No title or right to any element or software shall be obtained by downloading or copying elements of this Site. The Customer is strictly forbidden to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more than to modify them or to carry out any work by taking them as a basis, nor to sell or participate in any sale in connection with this Site, the elements of this Site or any software related thereto.

10.5 The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be transferred or transferred to any third party. The license is granted for the duration of use of the Site.

10.6 Any use by the Customer of the company names, trademarks and separate signs belonging to the Company is strictly prohibited except in the case of express and prior agreement of the Company

10.7 FROM THE SEA retains the ownership of the products ordered until they are paid in full, either by the customer or by the consumer credit institution which granted him a credit, in accordance with Law # 92-1442 of 17/05/1980. However, the responsibility for the products rests with the customer once they have been delivered.

Article 11: RESPONSABILITY

11.1 The Company implements all measures necessary to assure the Customer the supply, under optimal conditions, of quality product(s). However, it cannot in any case be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Client or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or in a case of force majeure. More generally, if the Company’s liability was incurred, it could under no circumstances agree to indemnify the Customer for indirect damages or whose existence and/or quantum would not be established by evidence.

11.2 The Company in the online sales process, is bound only by an obligation of means. His liability cannot be incurred in the event of any damage arising from the misuse of a product. No compensation may be claimed other than those provided for in the Consumer Code.

11.3 The Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present or obtained through these sites.

11.4 The establishment of such links or the reference to any information, articles or services provided by a third person, cannot be interpreted as an express or tacit endorsement by the Company of these sites and elements or their contents.

11.5 The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.

11.6 It is expressly stipulated that the Company may under no circumstances be held liable, in any way whatsoever, for the event that the Customers' computer equipment or electronic mail rejects, for example because of an anti-spam, e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary statement of the Order or the electronic mail tracking the shipment.

11.7 The Customer is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability referred to above, essential conditions without which the Company would never have contracted.
 

Article 12: APPLICABLE LAW

12.1 These Terms and Conditions shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.

12.2 In the event of any dispute that may arise in connection with the interpretation and/or execution of these Terms and Conditions or in connection with these Terms and Conditions, the Client may decide to refer the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution procedure.

12.3 The Customer may visit the European Consumer Dispute Resolution Platform set up by the European Commission at the following address and listing all approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.

12.4 In the event of failure of this mediation procedure or if the Client wishes to bring an action before a court, the rules of the Code of Civil Procedure shall apply.

Article 13: PROTECTION OF PERSONAL DATA

13.1 The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of Customers.

13.2 As part of the supply of the product(s), the Company collects the personal data of the Customers and in particular the following data:

  • Email address

  • First name

  • Name

  • Date of birth

  • Mailing address and delivery address

  • Country

  • Consumption data


13.3 The Company collects and processes the personal data of Customers for the following purposes: supply of the product(s) on the Site, management of Orders, management of returns, exercise of the right of withdrawal, payment, invoicing, information on the Company, products, and on the Company’s activities, response to any questions/complaints from Customers, compilation of statistics, management of requests for access rights, rectification and opposition, management of unpaid payments and litigation.

13.4 Data relating to the management of Customers' personal data are kept for the strictly necessary period as defined by the French Data Protection Act as amended three years after the collection or the last contact with the Customer.

13.7 The personal data of Customers are processed by the Company’s sales department as well as by the Company’s partner companies and subcontractors.

13.8 The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.

13.9 The Company shall ensure that the personal data of Customers are secured in an appropriate and appropriate manner and has taken the necessary precautions to safeguard the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.

Article 14: OBLIGATIONS OF CLENTS

14.1 The Customer undertakes to comply with the terms of these Terms and Conditions.

14.2 The Customer undertakes to use the Site in accordance with the Company’s instructions.

14.3 The Customer agrees that it uses the Site only for its personal use, in accordance with these Terms of Reference. In this regard, the Customer agrees to refrain from:

  • use the Site in any way unlawful, for any illegal purpose or in any way incompatible with these Terms and Conditions.

  • sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or decompile, remove, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.

  • attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disturbs, impairs quality or interferes with performance or impairs the functionality of the Site.

  • use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to access the Site in an unauthorized manner.

  • infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties.

  • to denigrate the Site and/or products and the Company on social networks and any other means of communication.


14.4 If, for any reason, the Company considers that the Customer does not comply with these Terms and Conditions, the Company may at any time, at its sole discretion, remove its access to the Site and take any measures including any civil and criminal legal action against it.

Article 15: LEGAL GUARANTEE

All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 and 1648, first paragraph of the Civil Code:

Article L.217-4 of the French Consumer Code: ‘’ The seller delivers goods in conformity with the contract and responds to defects of conformity existing at the time of delivery.


It shall also be liable for defects in conformity resulting from packaging, installation instructions or installation when the latter has been charged by the contract or has been carried out under its responsibility.

Article L.217-5 of the French Consumer Code: ‘’ The property complies with the contract:

1) If it is suitable for the usual use of similar property and, where applicable:

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

  • whether it presents the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;


2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the seller.

Article L.217-12 of the Consumer Code: The action resulting from the failure to comply is prescribed within two years from the issue of the property. ''

Article 1641 of the Civil Code: 'The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unfit for the use to which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given them a lesser price if he had known them. ''

Article 1648 of the Civil Code, first paragraph: The action resulting from the necessary defects must be brought by the purchaser within two years of the discovery of the defect. ''