General terms and conditions of sale
Article 1: SCOPE OF APPLICATION
Up'N'Dive SAS operates the website www.upndive.com, which specialises in the sale of eco-designed sports equipment and accessories. These general terms and conditions apply to all visits to this website. Simply accessing the website constitutes acceptance of these general terms and conditions, which shall apply in particular to any agreement entered into by users on the said website.
These general terms and conditions are available to users at any time on the website upndive.com, where they can be viewed directly, and can also be provided on request. They constitute the sole basis for commercial negotiations and prevail over the general terms and conditions of the other party.
The company Up’N’Dive SAS is free to modify its general terms and conditions at any time. Users are therefore advised to refer regularly to the latest version of the general terms and conditions. If the terms are modified, the version that applies is the one in force on the day the user visits the website or on the day the buyer accepts the quote.
For the purposes of these General Terms and Conditions of Sale, the following definitions have the following meanings:
(i) ‘Consumer’: Any Customer (natural person) acting for purposes that do not fall within the scope of their commercial or professional activity.
(ii) ‘User’: Any natural or legal person (B2C or B2B) who enters into a contractual relationship with upndive, regardless of the nature of the contractual relationship, including, but not limited to, Consumers and Professional Customers. Hereinafter also referred to as ‘You’.
(iii) ‘Products’: All goods covered by one or more Sales Contracts.
(iv) ‘Goods manufactured according to consumer specifications’: Non-prefabricated products, manufactured on the basis of an individual choice or decision by the Consumer.
(v) ‘Sales Contract’: Any contract under which Up’N’Dive SAS undertakes to transfer ownership of the Products to the Customer and where the Customer in turn undertakes to pay the price of the Products.
Article 2 – PRODUCTS
The website www.upndive.com offers users the opportunity to purchase eco-designed sports equipment and accessories, subject to availability. Each product is accompanied by a detailed description of its essential characteristics, enabling users to choose a product that suits their needs.
The products comply with current regulations relating to health and safety. The photographs illustrating the products are not contractually binding.
Article 3: FORMATION OF THE CONTRACT
3.1 – Order
The formation of any contract takes place as follows:
– the user logs into their personal account using the username and password they chose when creating the account (The username and password chosen by the user are personal and confidential. The user undertakes to keep them secret and not to disclose them in any form whatsoever to third parties. The user is solely responsible for the use of their username and password. Any connection to the website or transmission of data made using the user's username or password will be deemed to have been made by the user. In the event of loss, theft or accidental disclosure of their username or password, the user must change them immediately. Any loss, theft, misappropriation or unauthorised use of access codes and their consequences are the responsibility of the user. In the event of a forgotten password, Up’N’Dive SAS offers the user a system enabling them to retrieve a new access code as soon as possible by email.
– The user selects one or more products.
– The user confirms their order after checking their selection. They can then check the details of their order and the total price and correct any errors.
– The user selects the delivery method.
– The user reads these general terms and conditions and accepts them by ticking the box provided for this purpose.
– The user selects the payment method for their order.
– The user confirms their order and payment. This confirmation constitutes the formation of the contract. Up’N’Dive SAS ensures that the applicable general terms and conditions are retained. All data provided and the order confirmation are recorded on a reliable and durable medium by Up’N’Dive SAS, which retains them for a period of 10 years, and may be recorded by the purchaser. They shall constitute proof of the transaction.
3.2 – Order confirmation
Up’N’Dive SAS will immediately send confirmation of the order in the form of an email to the address provided by the buyer when creating their personal account. This order confirmation will include all the information provided by the buyer, indicating, where applicable, any difficulties or reservations raised by the order, as well as the order reference number assigned by Up’N’Dive SAS.
3.3 – Modification of the order
Any modification of the order by the buyer after confirmation of their order is subject to acceptance by Up’N’Dive SAS. For any questions regarding the tracking of an order, the buyer must send an email to contact@upndive.com.
Article 4: DELIVERY
4.1 Delivery terms and conditions
Delivery is made when the products are handed over to the buyer. Delivery is made to the address provided by the buyer when placing the order. The delivery note must, where applicable, be signed by the buyer, who must check the conformity and condition of the product's packaging upon receipt. Any damaged product must be refused and any reservations must be immediately noted on the delivery note and sent to the carrier and UpNDive by registered letter with acknowledgement of receipt within three clear days. When the buyer is a consumer, has personally taken delivery of the items transported and the carrier does not provide proof that they were given the opportunity to effectively check their condition, this period is extended to 10 days.
4-2. Transport
Up’N’Dive SAS is responsible for organising transport. Delivery costs are payable by the buyer.
4-3. Transfer of risk
The transfer of risk takes place when the products are handed over to the purchaser, with the products travelling at the risk of Up’N’Dive SAS.
4.4 Delayed or non-delivery
Delivery times are thirty calendar days, unless otherwise stated. The purchaser is informed that these delivery times may be extended, particularly in the event of stock shortages or for new products currently being manufactured. Exceeding delivery times shall not give rise to damages, deductions or automatic cancellation of orders in progress. In the event of exceeding delivery times, the consumer may instruct Up’N’Dive SAS, in writing on any other durable medium, to make the delivery within a reasonable additional period. If delivery has not been made within this additional period, the consumer may, in the same manner, request cancellation of the sale, which will take effect upon receipt of the request by Up’N’Dive SAS. The purchaser will then be refunded the total amount paid, no later than fourteen days after the date on which the contract was cancelled. In any event, Up’N’Dive SAS cannot be held liable for non-delivery in the event of delivery being impossible due to an error or omission on the part of the buyer when entering the delivery details.
Article 5: PRICES
Products are supplied according to the prices and commercial terms in force at the time the order is placed. Prices are inclusive of all taxes at the VAT rate applicable on the day of the order. They do not include any delivery costs, which are invoiced as an extra and specified to the buyer before the order is confirmed.
Although we endeavour to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of either reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and if you have already paid for the products, you will be refunded in full.
We are not obliged to deliver the products to you at the incorrect (lower) price (even after sending our Dispatch Confirmation) if the pricing error is obvious and characteristic and could reasonably be identified by you as such.
The Customer must communicate any complaint regarding the price or payment in writing within seven (7) calendar days of receiving confirmation of the order. Filing a complaint does not suspend payments due.
If your credit/debit card is not denominated in euros or dollars, the final price will be calculated according to the exchange rate applicable on the day your credit/debit card company processed the transaction.
Article 6: PAYMENTS
The price is payable upon ordering and is payable by credit card, PayPal or any other means of payment offered by the UpNDive.com website (and only these). Payment is made in euros or dollars. If made by credit card, it is carried out via a secure payment system that encrypts the transmission of bank details. Up’N’Dive SAS reserves the right to verify the information provided by the purchaser and to take all necessary measures to verify it. Up’N’Dive SAS may give the purchaser formal notice to prove their identity. Failure by the buyer to respond to such a request within three calendar days of the request being made by Up’N’Dive SAS will automatically result in the cancellation of the sale in question. An invoice is sent to the buyer at the time of delivery.
Article 7: WARRANTIES
7-1- Legal warranty:
Each Consumer benefits from a legal warranty period of one (1) year. The Consumer may invoke the legal warranty if the Products delivered do not correspond to the Product requested or ordered (non-conformity), provided that the Customer was unable to establish this non-conformity at the time of receipt of the Product.
- If the Product is defective within the first six months following delivery, it will be presumed that the defect existed at the time of delivery. Up’N’Dive SAS may prove otherwise.
- If the defect in the Product is detected more than six months after delivery, the Consumer must prove the non-conformity of the Product at the time of delivery.
The legal warranty does not apply in the event of damage caused by normal wear and tear, accidental or intentional modifications to the Product by the Customer, including improper and incorrect use, exposure to moisture, fire, earthquakes or other external causes.
Additional commercial warranties are always possible in accordance with the general terms and conditions and are always expressly communicated.
The Customer or the third party designated by the Customer is required to check the conformity of the Products at the time of delivery. If the Product has a visible defect and the recipient notices this defect, they are required to file a complaint.
The Customer shall communicate these complaints to Up’N’Dive SAS in writing and in an explicit, unambiguous and reasoned manner. This must be done within three (3) calendar days of delivery to the Customer or the third party designated by the Customer, to the email address contact@upndive.com. It is the Customer's responsibility to provide sufficient justification for this communication. In the absence of a (sufficiently) justified complaint, the Customer is not authorised to return the Products.
Each Customer is required to return the non-compliant Product to Up’N’Dive SAS within fourteen (14) calendar days of filing the complaint for repair, replacement or refund. Otherwise, the suspension of the legal warranty period will be considered null and void.
The fourteen (14) calendar day period does not apply when it is clearly demonstrated that the Product has been damaged during transport. In this case, the Customer must return the Product without delay and no later than three (3) calendar days after the complaint.
Products must be returned to Up’N’Dive SAS in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or valid proof of payment. Failure to comply with this obligation will result in a proportional reduction in the refund.
The return of a Product is always at the Customer's risk. In all cases, we recommend returning the product by registered and insured post to avoid the risk of loss or theft. The return must be made within seven (7) calendar days of notification.
If the above conditions are met, the customer is entitled to have the products ordered repaired or replaced free of charge, if the situation allows. Please note that we will only replace the Product with the same item in the same size, depending on available stock. If the Product cannot be repaired or if the same Product is not available, the Customer will receive a voucher for the same value as the original order. The Customer always has the right to refuse the voucher and demand a full refund.
Up’N’Dive SAS is only obliged to issue a refund if the repair or replacement no longer provides the Customer with the same benefit as the initial purchase. The Customer must clearly state the reason for this. Any compensation and refunds may not exceed the amount invoiced to the Customer.
If the Products have been returned without the conditions being met, Up’N’Dive SAS will return them to the Customer. The costs of this shipment will be borne by the Customer. Up’N’Dive SAS may store the returned Products on behalf of and at the risk of the Customer until the return costs have been paid.
Unless otherwise expressly stated in these Terms and Conditions, our liability for any product purchased through our website is strictly limited to the purchase price of that product.
7-2. Right of withdrawal:
The Consumer has a right of withdrawal, in accordance with the Economic Law Code. The right of withdrawal gives the Consumer the option to terminate the Sales Contract within fourteen (14) days of delivery if they are not satisfied with the Product. No justification or penalty is required. However, Up’N’Dive SAS invites you to share your comments with us in order to improve our services. Once you have notified us of your intention to withdraw, you have fourteen (14) days to send us the package.
If the Consumer exercises their right of withdrawal in accordance with legal requirements, Up’N’Dive SAS will refund the amount actually paid for the Product within thirty (30) calendar days. This rule also applies to orders placed during promotional offers. The Consumer will receive a voucher for an amount equal to the initial order, excluding return shipping costs. The Consumer always has the right to refuse the voucher and request a refund. In this case, the Consumer will receive a refund equal to the total value of the order, excluding return shipping costs. The refund will be made using the same payment method used for the initial transaction, unless you have expressly agreed to a different payment method.
No additional fees will be charged for the refund.
The right of withdrawal does not apply to the following product categories:
- Personalised or custom-made products
- Perishable products or products with a short shelf life
- Products whose security seal has been broken
- Downloadable digital products (including gift cards)
For other products, the purchaser shall return the unworn, unsoiled and unwashed product in its original packaging at their own expense, no later than fifteen days after communicating their decision to withdraw.
Please note that you may only exercise your right of withdrawal in accordance with the French Economic Law Code if you formally notify us in writing within fourteen (14) days of receiving your order. The notification of withdrawal must be sent by email to contact@upndive.com.
You then have fourteen (14) days to send us your parcel.
Your right to withdraw from the Contract will only apply to items that are returned in the same condition as you received them. No refund will be given if the item has been used after opening, is not in the same condition as when delivered, or has been damaged. You are therefore requested to take care of the item(s) in your possession. Please return the items using or including their original packaging, instructions and any other documents, if applicable, accompanying these items.
The Consumer is responsible for any depreciation of the Products resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the Products. Up’N’Dive SAS is entitled to charge the Consumer for the costs of depreciation on a pro rata basis.
The Consumer must return the Product by a secure means of transport to ensure that the Product arrives in good condition. We strongly recommend that you insure your shipment as you are responsible for the condition of the items and will be held liable for any damage caused to the items until they arrive at our warehouse. In the event of a dispute, we also recommend that you keep proof of shipment. In the event of a return, the consumer is responsible for shipping the returned product until it is received by Up’N’Dive SAS.
Article 8: WEBSITE
For more information, please consult our terms of service, available on the website upndive.com
Article 9: PERSONAL DATA
For more information, please consult our privacy policy.
Article 10: INTELLECTUAL PROPERTY
All elements reproduced or used on the www.upndive.com website (trademarks, logos, models, computer applications, photographs, texts, illustrations, animated or non-animated images, video sequences, sounds, etc.) are protected by intellectual property rights. Any reproduction, exploitation, distribution or use for any purpose whatsoever, even partial, of any of these elements is strictly prohibited and exposes the perpetrator to prosecution, unless expressly authorised in advance by Up’N’Dive SAS.
Article 11: CUSTOMER SERVICE
For any questions or difficulties related to the use of the site, whether it is a request for assistance in using the service or a question related to orders, the purchaser may send their complaints to the following address: contact@upndive.com.
Article 12: APPLICABLE LAW AND COMPETENT JURISDICTIONS
These General Terms and Conditions of Sale, our other policies and procedures are governed by French law and interpreted in accordance with it.
All disputes relating to or arising from UpNDive's offers or agreements entered into with it shall be submitted to the Commercial Court of Nanterre (France). The Parties shall first attempt to resolve their dispute amicably.
Consumers also have the option of submitting their dispute concerning the General Terms and Conditions of Sale to an independent dispute resolution body. For more information on this out-of-court dispute resolution, please visit the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.