TERMS OF SALE
These General Terms of Sale apply, without restriction or reservation to all sales concluded by Living Sea Sculpture (“the Seller”) – full contact details are given in article 8 below, to customers, non-professional buyers (“The Customers” or “the Customer”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the website livingseasculpture.com.
The General Terms of Sale govern all relations between the Seller and the Customer and prevail over any other communication. They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The General Terms of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the website livingseasculpture.com and will prevail over any other version or any other contradictory document.
We may at our sole discretion change, add, or delete portions of these Terms of Sale. The version applicable to the Customer’s purchase is the one accessible on the website, and accepted by the Customer, on the date the order is placed.
The modifications of these General Terms of Sale apply to the users of the website livingseasculpture.com as of their posting and cannot apply to any transactions concluded previously. Any order implies the prior consultation and acceptance of the General Terms of Sale by means of a checkbox provided for this purpose.
Living Sea Sculpture partnership policy applies to professional buyers (brands, shops). They are not subject to these General Terms of Sale. They have the obligation to obtain the agreement of Living Sea Sculpture prior to any purchase of one or more Products. The contact address is firstname.lastname@example.org.
The Customer acknowledges and declares that the purchase of the Products is strictly limited to personal use. The Customer also declares to be of legal age and / or legally capable at the time of the transaction.
For further questions, please contact the Seller (email@example.com)
The Products offered for sale on the website livingseasculpture.com and livingseasculptures.com are those which appear on the website, on the day of consultation of the website by the Customer. The products offered for sale are described below.
ADOPTION OF a Living Sea Sculpture CORAL on Zoe (PRODUCT ADOPTION)
The Client can choose to adopt one or several coral(s) from among eleven super corals identified by Living Sea Sculpture. The Customers can then customize their adoption certificate called the “Symbolic Coral Adoption Certificate”.
The Client can customize the following elements of the Adoption Product:
– Adoptee name
– Adoptee email address
– Adoptee mailing address
All Customers purchasing the Adoption Product receive their customized Coral Certificate and image by email in jpeg format A4 and 16: 9 – 2287px × 4036px format.
If the Customer chooses to receive the paper version of the Super Coral Card, they will receive:
– Customized Super Coral Card in A4 format 270mmx297mm on Luster paper
PURCHASE OF CLOTHING (TEXTILE PRODUCT)
Living Sea Sculpture offers the purchase of Living Sea Sculpture rash guards, bathing suits, and tote bags. Textile Products are printed on demand by a third-party supplier, upon receipt of the order.
The essential characteristics of the Textile and Adoption Products and in particular the specifications, illustrations and indications of the dimensions of the Products, are presented on the website livingseasculpture.com. The Customer is required to read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs of the Products on the website livingseasculpture.com are presented as accurately as possible but do not contractually bind the Seller. The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in English and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the website livingseasculpture.com are offered for sale in every country. In the event of an order to a country other than the United States, the Customer is the importer of the Product (s) concerned. The Product ordered may be subject to import charges, customs duties or other local taxes applied when the product reaches its final destination. They are the responsibility of the Customer, and must be paid at the time of delivery. Please contact your local customs office for more information.
3. PERIOD OF VALIDITY OF THE PRODUCT OFFER
Product offers and prices are valid as long as they are mentioned on the website livingseasculpture.com. Information on the availability of Products is provided to the Customer on the day of the order. In the event that the Products ordered and paid for are no longer available, Customer Service will contact the Customer as soon as possible to inform them of this and proceed with a full refund of the sums paid by the Customer. The Seller reserves the right to withdraw Products from sale at any time.
4. SELLER’S CONTACT DETAILS
The Seller’s contact details are as follows:
5. ORDERING PROCESS
The ordering process is described below
Fill the virtual basket by clicking on the “Add to cart” button and indicating the selected Products and the desired quantities. In the case of the purchase of an Adoption Product, an additional step requiring the personalization of the Coral Adoption Certificate is added to this process.
Check the virtual shopping cart and modify, if necessary, its content.
Click on the “Place order” button.
Fill in the information intended for delivery (full identity, email address, telephone number, delivery details). Enter the billing address if it is different from the shipping address.
The information is provided under the sole responsibility of the Customer and is binding in the event of a dispute.
The summary page of the virtual basket clearly indicates to the Customer the payment obligation resulting from the order validation process by the mention “Order with payment obligation”.
At the end of the ordering process, the Customer is invited to choose his method of payment either using credit card or Paypal account. For payment by credit card, the Customer must provide the information of the credit card used (name of the holder, card number, expiration, CV) and is invited to consult these General Terms of Sale which he must then accept by checking the box “I have read and I accept the General Terms of Sale” to be able to continue the order.
He is then invited to click on the “Finalize payment” icon. By clicking on this button, the Customer is redirected to the payment service provider, the company Paypal and proceeds to the payment according to the desired conditions (Visa, Mastercard and other accepted cards only) – please refer to the Payment Terms section for more information.
The registration of an order on the website livingseasculpture.com is made when the Customer accepts the General Conditions of Sale by checking the box provided for this purpose, validates and pays for his order.
The Seller sends you, without delay, by electronic mail, an acknowledgment of receipt of the order, containing a summary of the information already contained in the order form (General Terms of Sale, information relating to the essential characteristics of the product, detailed indication price, means of payment, existence of the right of withdrawal and delivery times and costs).
After receipt of the confirmation e-mail, the order cannot be modified or canceled, except for the exercise of the right of withdrawal or in cases of force majeure. In the case of the purchase of an Adoption Product, the right of withdrawal is not applicable because it is a custom product.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website livingseasculpture.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
In the case of a purchase of an Adoption Product, the customer will be notified by email upon delivery of his order to the partner carrier and will be able to follow the delivery of his order with the shipping number indicated in the email. This does not apply in the case of the purchase of a Textile Product.
In accordance with the provisions of article L.121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel an order in the event of legitimate reasons (for example order in abnormal quantity, placed in bad faith or order from of a Customer with whom there is a dispute relating to a previous order).
The Products are supplied at the current prices appearing on the website livingseasculpture.com during the registration of the order by the Seller. The prices are expressed in US dollars and inclusive of tax for sales in the United States and in the countries of the European Union and in US Dollars for sales in the United States.
However, the establishment of the order depends on the geographical area of delivery:
– For deliveries in the European Union and the rest of the world, the order will be automatically established tax free. Customs duties, other local taxes, import duties or State taxes may be payable on entry into the country. These rights are not the responsibility of Living Sea Sculpture. They are the responsibility of and are the sole responsibility of the Customer both in terms of declarations and payments to the competent authorities of the country concerned.
The prices take into account any reductions that would be granted by the Seller on the website livingseasculpture.com
The Seller may reserve the right to offer promotional codes. These promotional codes can only be issued by the Seller. The Seller cannot be held responsible for any promotional codes disclosed on the forums other than those originating from the Seller and to which he has not consented.
These prices are firm and cannot be revised during their period of validity, as indicated on the website livingseasculpture.com the Seller reserves the right, outside this period of validity, to modify the prices at any time.
In the case of the purchase of the Adoption Product, the price indicated on the site livingseasculpture.com includes delivery with a tracking number.
In the case of the purchase of Textile Products, the price displayed does not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website livingseasculpture.com and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are fully payable by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The products remain the property of Living Sea Sculpture until full payment of the price, regardless of their risk transfer date.
7. PAYMENT TERMS
For the payment of the price of the Products and the costs related to shipping and delivery, the Customer may follow the procedures indicated in the order form.
The price is payable in cash, in full on the day the order is shipped to the Customer by the Seller by secure payment, according to the following terms:
– by credit cards: Bank card, Visa
– by Paypal account
If paying by credit card, financial information (e.g. credit card number or due date) will be transferred, using a cryptographic protocol, to the company Paypal, the partner bank of Living Sea Sculpture in the provision of services related to remote electronic payment, without third parties being able, under any circumstances, to have access to them.
The Seller will never be aware of the financial information. He will be in contact with Paypal or PayPlug for the procedures related to your purchase or to issue refunds in the event of any return of the Products in accordance with the right of withdrawal, or, in the event that it is necessary to prevent or report to competent authorities the occurrence of fraud.
The Seller uses a secure third-party payment system, Paypal. The processing of any payments or credits arising from the service will be governed by the conditions and the confidentiality policy of Paypal , partner of the Seller and by the conditions of the issuer of the Customer’s credit card. The Seller declines all responsibility in the event of an error due to the payment system.
8. DELIVERY OF PRODUCTS
The Products ordered by the Customer will be delivered to the countries mentioned below. Delivery times vary depending on the Product:
Product Adoption: An email containing the digital version of the Symbolic Coral Adoption Certificate customized by the Customer will be sent by Living Sea Sculpture within 24 working hours (time zone UTC -8), to the email address provided by the Customer.
As the suppliers of the Adoption Product and the Textile Products are different, the delivery of the same order comprising these two types of products will be carried out in several installments.
The delivery times announced on the site are purely indicative and depend on the destination and availability of the Product ordered. Exceeding this period may not give rise to any cancellation of the order, to any reduction in the price paid by the Customer, and to any payment for damages. However, and in accordance with the provisions of article L.121–20–3 of the Consumer Code, for lack of delivery after the expiry of a period of thirty days from the day following the Customer’s order, the Customer will have the possibility to cancel his order free of charge. The sums he has paid will then be refunded.
In cases where it has the capacity, Living Sea Sculpture reserves the right to offer it a product of quality and price equivalent to the initial product.
Living Sea Sculpture cannot be held responsible for additional delays caused by the non-issuance of a bank authorization or an incomplete or incorrectly completed order form.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy or reimburse the Customer, as indicated in article 11 – “- Legal warranty”.
9. RECEPTION OF PRODUCTS AND COMPLAINTS
Regarding the receipt of packages, Living Sea Sculpture strongly recommends that the customer check the apparent condition of the products upon delivery. In the event of an anomaly (missing or damaged products) the customer:
– must make all the necessary reservations on the delivery receipt
– must send within 48 hours of delivery a declaration of reservations to the carrier by registered mail with acknowledgment of receipt
– send a copy of this letter to Living Sea Sculpture at firstname.lastname@example.org
In case of doubt, the Customer is advised to open the package in the presence of the carrier to ensure there is no damage to the product. Otherwise, no complaint can be brought by the customer to the Seller Living Sea Sculpture.
Living Sea Sculpture does not bear the cost of return in the event of a withdrawal.
Living Sea Sculpture do not accept exchanges. All Products are non-exchangeable and non-refundable, as specified on the website. With the exception of the use of the right of withdrawal and the lack of conformity provided for below.
12. LEGAL GUARANTEES AND AFTER-SALES SERVICE
The products sold benefit from the legal guarantee of conformity provided for by articles 211–4 and following of the Consumer Code and the guarantee against hidden defects (articles 1641 and following of the Civil Code). These guarantees cover hidden and apparent defects from the date of delivery. The only obligation incumbent on Living Sea Sculpture under this warranty is, at its option, the free replacement or repair of products recognized as defective without other service or compensation.
Visibly defective Products must be returned to the Seller no later than 30 days of receipt.
This warranty does not cover damage resulting from misuse of the product, normal wear and tear due to its use or failure to comply with washing and maintenance instructions (this last condition is applicable only for the Textile Product) . To be able to benefit from the product warranty it is imperative to keep the purchase invoice of the product as well as the delivery slip.
All the nominative information collected from the customer is necessary for the processing of the order, its delivery as well as the establishment of the invoice.
This information may be disseminated by Living Sea Sculpture to its contractual partners in the context of the order, in particular to ensure the manufacture and transport of the products ordered.
The customer has the right to access, modify, rectify and delete data concerning him. In this case, the customer can consult and modify his personal information by sending an email to email@example.com.
When creating a customer account on the site livingseasculptures.com, Living Sea Sculpture also offers the possibility of receiving by e-mail, via the “Living Sea Sculpture Newsletter”, information on events, exclusive offers, special promotions, news, and contests organized by Living Sea Sculpture. In the event of a purchase of the Adoption Product, Living Sea Sculpture also offers the possibility of receiving a “Living Sea Sculpture Newsletter” containing regular information on the environmental work of Living Sea Sculpture as well as on the adopted coral and the coral restoration program of Living Sea Sculpture. The customer may decide, at any time, to no longer receive this ”Living Sea Sculpture Newsletter” by unsubscribing using the unsubscribe link included in the footer of the e-mail.
Living Sea Sculpture cannot be held liable for any events, inconvenience or damage inherent in the use of the Internet network, in particular in the event of service interruption, external intrusion or the presence of computer viruses.
Furthermore, Living Sea Sculpture cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and / or communications, of flood, fire. Living Sea Sculpture will not incur any responsibility for any indirect damages as a result of the present, operating loss, loss of profit, damages or costs, which may occur.
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described in the General Conditions of Sale, results from a case of force majeure.
These general conditions of sale are subject to US law. Any dispute that has not found an amicable solution will be submitted to the exclusive jurisdiction of the competent courts of arbatration notwithstanding the plurality of defendants and / or warranty claims, even for emergency procedures or interim proceedings or by request.
16. CUSTOMER SERVICE
You can contact Customer Service free of charge by e-mail for any questions relating to your order, its shipping and its tracking:
By e-mail to: firstname.lastname@example.org
17. INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Living Sea Sculpture.
No transfer of intellectual property rights is carried out through these GTC, or through the marketing of the Products. Any total or partial reproduction, modification or use of the elements protected by these rights is strictly prohibited.
18. APPLICABLE LAW – LANGUAGE
The General Conditions of Sale and the operations resulting from them are governed by US law.
They are written in English. In the event that they are translated into one or more languages, only the English text will prevail in the event of a dispute.