GENERAL TERMS & CONDITIONS

PREAMBLE

The Seller is a publisher of Oxsea’s products intended for consumers, marketed through its website (https://oxsea.com/fr). The list and description of the products offered by the Company can be consulted on the above-mentioned website.

Article 1: Purpose

The present General 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 KIPLING LTD.

Article 2: General provisions

These General Terms and Conditions of Sale (GTCS) govern the sale 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 has acknowledged them before placing an order.
The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of payment (or the first payment in the case of multiple payments) of the order.
The Company also ensures that its acceptance is clear and without reserve by putting in place a checkbox and a validation click. The customer declares that he/she has read all of these General Terms and Conditions of Sale, and where applicable, the Special 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/she has received the necessary advice and information to ensure that the offer is suitable for his/her needs.
The customer declares that he/she is legally capable of engaging in a contract or that he/she validly represents the natural or legal person for whom he/she is engaging.
In the absence of proof of the contrary, the information recorded by KIPLING LTD constitutes proof of all transactions.

Article 3: Prices

The prices appearing on the website are indicated in Australian Dollars ( AUD ) including all taxes with GST – excluding delivery and customs costs (unless otherwise stated).
The prices listed on your order after its validation and registration are firm and final. Oxsea reserves the right to modify at any time the indicated prices, without any notice, especially in case of events exceeding its control.

Article 4: Conclusion of the online contract

The customer must follow a series of steps to conclude the contract electronically to be able to place an order; Information on the essential characteristics of the Product; Choice of the Product, and if applicable, its options; Indication of the Customer’s essential details (identification, email, address, etc.); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with the confirmation, the Buyer can check the details of his order, and its price, correct any errors or cancel his order. The confirmation of the order will entail the formation of this contract. Then, the instructions for payment are followed, the products are paid for, and the order is delivered. The Customer will receive a confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
During the ordering process, the Customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is English.
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by email when the order is placed and archived on the KIPLING LTD website.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on reliable and durable support to constitute a faithful and durable copy. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the order to be processed correctly, the Client agrees to provide truthful identification details. KIPLING LTD 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 and services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the usage guidelines for the product. The consumer shall be informed, using marking, labeling, display, or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order, which does not include the shipping costs invoiced addition. These costs are indicated to the Buyer during the sales process, and in any case at the time of the order confirmation. KIPLING LTD 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 as to the delivery dates of the products or services. The client confirms that he/she has received an overview KIPLING LTD undertakes to honor the Client’s order within the limits of available stocks of Products only. In the event of a failure to do so, the Seller will inform the Client; that if the order has been placed, and if no agreement has been reached with the Client on a new delivery date, the Seller will refund 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 Products offered as well as their prices are specified on the Company’s websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the party signing the order (or the person holding the email address provided).
Article 6: Conformity

The products and services offered for sale through these GTCs comply with the regulations applicable to the safety and health of people, the fairness of commercial transactions, and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects of the product.
KIPLING LTD delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter was assigned to the Seller by the contract or was carried out under the Seller’s responsibility.
KIPLING LTD will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested in the following manner: see refund policy

Article 7 : Retention of title clause

The products remain KIPLING LTD’s property until the price is paid in full.

Article 8 : Delivery terms and conditions

The products are shipped to the delivery address indicated within the time limits specified. These deadlines do not take into account the preparation time of the order. In the event of a delay in delivery, the Client has the right to cancel the contract. KIPLING LTD provides a telephone contact point indicated in the order confirmation email to ensure the follow-up of the order. KIPLING LTD reminds you that at the moment the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to the Client. It is the Client’s responsibility to notify the carrier of any concerns regarding the product delivered. The purchaser undertakes to take delivery within fifteen (15) days following the carrier’s notice of availability. Once this period has expired, the goods will be returned to the sender, and the cost of returning the goods to the recipient is the buyer’s responsibility.

Article 9 : Availability and presentation

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

Article 10 : Payment

Payment is due immediately upon order, including for pre-ordered products. The Customer can pay by credit card or Paypal. The secure online payment by bank card is made by our payment provider. The information transmitted 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 Customer, the transaction is immediately debited after verification of the information. By the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his/her banking information during the sale, the Client authorizes KIPLING LTD to debit his/her card for the amount related to the indicated price. The Client confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 11 : Withdrawal period

The Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of delivery of his order.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be reimbursed, and the return costs remain the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions); if possible, they must be accompanied by a copy of the purchase receipt. The buyer can return his order to the following address within a maximum of fourteen days:

Article 12 : Refund

The refund can only be operational if the products concerned by the return 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 that necessary to establish the nature, characteristics, and proper functioning of these goods.
Shipping costs are not reimbursed, as soon as the product(s) has (have) been sent by the seller, it is the buyer’s responsibility to assume the delivery and to pay for any delivery costs. In case of return from outside the Australian area, the buyer must mention the title « return product » without commercial value on the invoice for an amount of twenty (20) AUD. The refund will be made by KIPLING LTD by crediting the amount of the sale to the buyer’s bank account or by bank transfer.

Article 13 : Acquisition

Upon receiving the goods, the buyer must read the instructions for use supplied with the products. Full reading and understanding of these conditions are mandatory before using the product. The buyer must inform Oxsea ( KIPLING LTD ) that he has read and understood the instructions for use of the purchased products. To do so, the customer can inform KIPLING LTD by email: contact@oxsea.fr or directly on our contact form available on our website: https://oxsea.com/fr/contact-faq/

Article 14 : Guarantee

What is covered :
This warranty covers only the first party owner, all defects in materials or workmanship, and regulators sold by OXSEA.

What is not covered :
This warranty does not cover damage, failure or loss, or visual damage caused by :

– wear and tear and/or deterioration
– lack of maintenance
– accidents, misuse, neglect, abuse, alteration, or poor maintenance
– failure to read, understand and follow the instructions and precautions described in our user manual.
– a jammed regulator due to rust from improper cleaning

Duration of guarantee

Six-month limited warranty for recreational and individual use. Six-month limited warranty for commercial/professional use.

In case of problems with any of your products within the duration of the warranty. : Oxsea commits itself to provide you with the necessary documents nécessaires and to exchange the product if it has a major manufacturing defect. To benefit from this guarantee, you will have to send the defective product back to our workshop at the following address :

OXSEA C/-

Warehouse A, Kookaburra Logistics Estate,

2 Kookaburra Road North, Prestons NSW 2170

Once the fault has been identified, we will send you a new product. 

In the event of a problem beyond the warranty period : Oxsea undertakes to provide maintenance on your equipment for another 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 mentioned above. If your product can be fixed, it will be sent back to you free of charge. However, if your product cannot be fixed, neither the refund nor the exchange of your product will be covered.

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

Trademark obligation OXSEA.

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 shipping) 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 a warranty certificate. Under the warranty policy, OXSEA will not reimburse the consumer for the purchase price.

Repair or replacement of the defective products, parts, or accessories specified above is the only recourse under this warranty. IN NO EVENT SHALL OXSEA BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES.

By purchasing this product, it is agreed and understood that in no event shall Oxsea (KIPLING LTD), its distributors, or retailers be liable for personal injury resulting from the operation of Oxsea cylinders, or for any other direct, indirect, or incidental damages.

Article 15 : Intellectual property rights

The brands, 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 GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.

Article 16 : Force majeure

KIPLING LTD cannot be held responsible for the non-execution of the concluded contract, due to an event of force majeure. In the case of products purchased to meet professional needs, KIPLING LTD shall not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses that may occur as a result of the present contract. In the case of a professional-to-professional sales contract, the parties agree to submit the present contract to Australian law.
The court of jurisdiction in the event of a dispute shall be that chosen by the seller – KIPLING LTD

Article 17 : Invalidity and modification of the contract

Should any of the provisions of this contract be invalidated, this shall not invalidate the other provisions, which shall remain in force between the parties. Any amendment to the contract shall only be valid after a written and signed agreement by the parties.

Article 18 : Protection of personal data

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 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 GTCs; – the contact details of the data protection officer: _____ – the legal basis of the processing: contractual performance –
the recipients or categories of recipients of the personal data, if any: the controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorised to access the personal data in question The data subject has the right to request from the controller access to, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, The data subject has the right to lodge a complaint with a supervisory authority – the information requested at the time of ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling is carried out through the ordering process.

Article 18 : Applicable law and clauses

The nullity of a contractual clause does not lead to the nullity of these general terms of sale.

Last updated on : 26/05/2022