SALES CONDITIONS
Dolphins and Sharks

DOLPHINS & SHARKS manufactures and markets DOLPHINS & SHARKS products directly and indirectly all over the world.

We have an online shop that is accessible at the following address: www.dolphinsandsharks.fr (the “Website”).

A detailed description of DOLPHINS & SHARKS Products is available when looking at each DOLPHINS & SHARKS Product individually on the Website.

Our Website format requires you to play an active role. It complies with the legal requirements with regard to on line selling and consumer protection.

The on line selling process described in these General Conditions of Sale (hereinafter the “General Conditions of Sale”) relates to your purchase of the DOLPHINS & SHARKS Products from the Website and is reserved solely for the use of individual consumers purchasing DOLPHINS & SHARKS Products exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.

Article 1 : Scope of application

These General Conditions of Sale apply to all of your orders involving DOLPHINS & SHARKS Products that are sold through our Website and purchased by you. We ask you to read them carefully.

You can access these General Conditions of Sale at any time at our Website and keep an electronic or printed copy of them.

These General Conditions of Sale remain in effect as long as they appear on our Website.

By placing an order through the Website, you confirm that you have read these General Condition of Sale before placing an order and unconditionally accept these General Conditions of Sale as well as the Legal Notice and the Terms of Use for the Website.

These General Conditions of Sale do not govern the provision of services, or the sale of products by entities other than DOLPHINS & SHARKS, even in cases where those services or products are presented on the Website via links, banners or other hypertext links. Before placing an order and/or purchasing products and services from entities other than DOLPHINS & SHARKS, you are invited to check the conditions of sale applied by such entities. DOLPHINS & SHARKS will not be held liable for the provision of services or sale of products by third parties.

Please consult the Legal Notice for our privacy policy and information on the processing of personal data.

Article 2 : Identify of the offering party

The DOLPHINS & SHARKS Products are sold by the following company: DOLPHINS & SHARKS, a Société Anonyme with capital of 1,000 euros, whose registered office is located at 62, rue de Caumartin, 75009 Paris, registered with the Register of Companies of PARIS as number 793 855 768.

Article 3 : Orders

You can choose the DOLPHINS & SHARKS Products that you wish to order from the Website, using the following procedures :

3.1 Placing orders

When you place your first order, we will ask you to fill out an order form, providing information in certain mandatory fields so that we can process your order.

In the event of a period of inactivity during the connection, it is possible that the DOLPHINS & SHARKS Products that you have chosen will no longer be available. You will then be asked to re-enter your selection of DOLPHINS & SHARKS Products from the beginning.

Before any final order, you will have the opportunity to check the details of your order and its total price, and to correct any potential errors, before confirming that order in order to express your acceptance.

For any order that you place through our Website, a confirmation email will be sent to you with your order number and the details of the DOLPHINS & SHARKS Products you have ordered.

All of the steps necessary to place an order are described on our Website.

We keep a copy of any orders for 6 years.

Despite all the care we take in presenting the DOLPHINS & SHARKS Products on our Website, we cannot guarantee that their real appearance will correspond exactly to how they appear on our Website, your computer screen or mobile device.

3.1 Limitations

Where permitted by law, we reserve the right to limit the quantities of DOLPHINS & SHARKS Products that we supply, and/or to refuse any order for any reason including orders that appear to us to be unusual, designed to permit resale of DOLPHINS & SHARKS Products, fraudulent orders or orders placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment on a previous order.

Certain DOLPHINS & SHARKS Products may be subject to certain import restrictions specific to your country. In that circumstance, you will be notified at the checkout page and be asked to remove the item from your cart.

Article 4 : Price

The price of DOLPHINS & SHARKS Products is given in Euros or Sterling (for Great Britain), including taxes and duties, respecting the rules of the shipping country. By exception, the price of the DOLPHINS & SHARKS Products to be delivered in the United States are shown in Dollars with duties calculated in the cart.

You will not receive a VAT refund for your purchases on our Website.

A printed invoice will be sent with your DOLPHINS & SHARKS Products.

We pay the closest attention to the accuracy of the prices on our Website. However, in the case of an error on our part and subject to applicable law, we reserve the right to not provide the DOLPHINS & SHARKS Products for which the posted price was manifestly incorrect.

We can modify the prices listed on our Website at any time and without prior notice. However, such modified prices will only be applied to new orders made after the price change, and will not affect the pricing on orders that have already been placed.

There is no duty if the DOLPHINS & SHARKS Products are shipped to you in the European Union. Outside the EU, customs duty and import tax are specific to the particular country. Customs authorities in each country calculate duty and tax based on a number of factors, including :

    - The category in which the DOLPHINS & SHARKS Product is classified in the international Harmonised Code (HS) system;
    - The value of the DOLPHINS & SHARKS Product (based on the price you paid);
    - For most countries, duty is calculated on a “CIF” basis (meaning Cost, Insurance and Freight), so the shipping charges you pay will also be factored in to the calculation of the amount of duty you will pay.

At the checkout page, you will have information on the cost of shipping your items before you make the purchase. The total cost of your order includes :

    - The DOLPHINS & SHARKS Product purchase price (including all applicable local taxes and handling fees);
    - Customs duty, import tax and any local clearance fees applicable for your country;

The final total cost with shipping fees will be recalculated once you have specified your delivery address and chosen your shipment method.

You will pay for the DOLPHINS & SHARKS Product and the cross-border delivery in a single checkout.

For countries where tax and duty is pre-calculated and pre-paid, you will generally not see Customs paperwork and your total cost is fixed and guaranteed. You should be aware that the actual tax and duty charged by the Customs authorities in your country sometimes turns out to be higher or lower than the amount you paid, for a number of reasons. For example, a particular Customs authority may classify your product in a different category in the Harmonised Code (HS) system from the category used by the Total Cost Calculator, or your local Customs authorities may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of our calculation and the time the tax and duty is paid to Customs authorities. In such situations, you will not receive a refund (if the amount is less) or be charged extra (if the amount is greater). This is due to the administrative time and costs that such arrangements would require.

Article 5 : Conditions of payment

The only method of payment accepted is by credit card (Visa, Mastercard, Carte Bleue and Maestro).

Your credit card will be charged at time of confirmation of your order.

In jurisdictions where permitted, your payment will be regarded as a deposit. Consequently, if, for any reason beyond our control, we could not deliver the products you ordered, we would refund the amount you paid to us, but we won't pay any damages. Moreover, if this amount was paid to us more than 3 months prior to the report of our inability to deliver to you, additional interest calculated at the legal rate will be deducted, the countdown beginning retroactively on the day of your payment.

For that purpose, you will guarantee that you are the holder of the bank card to be charged or debited and that the name appearing on that card is in fact your own.

You will then provide the 16-digit number and the expiry date that appear on the front of your bank card and, as applicable, the number of the visual cryptogram appearing on the back. This information will be encrypted using current industry standards (including the SSL protocol) (confirmed by the appearance of the “https” in the address displayed by your navigator).

The security of this bank information and the online check towards banking institution and agencies will be made by Banque Populaire, through its safe solution Systempay.

If the amount owed cannot be charged or debited for any reason whatsoever (objection, refusal by issuing center, etc.), the order will be immediately cancelled and the online purchasing process will be terminated.

In order to fight fraud and abusive usage of bank cards, Systempay may store and automatically process information concerning each order, including the bank card information, but at all times consistent with the security norm of PCI-DSS Version 3.0.

Systempay and DOLPHINS & SHARKS are the recipients of the data related to each order. Failure of transmission of data related to an order will prevent the completion and analysis of the corresponding transaction.

Any non-payment due to a fraudulent use of a bank card will result in recording of the information related to the order associated with that non-payment in a file of non-payment events set up by Systempay. An irregular statement or an anomaly may also be subject to specific treatment.

In accordance with the Privacy Law dated 6 January 1978 related to Data Protection, you have the right, at all times, to access, correct and oppose to all or part of your personal data, by writing in a letter including your identity, to Systempay.

Some banks charge additional fees for foreign money transfers and credit card transactions in foreign currencies. If your order is not priced in the currency of your country, you should confirm the applicability of any fees before placing your order with your bank. DOLPHINS & SHARKS will not be liable for additional charges associated with foreign currency transactions.

Article 6 : Deliveries

Your DOLPHINS & SHARKS Products will be delivered to the shipping address specified in your order. Except for specific circumstances or the unavailability of one or more DOLPHINS & SHARKS Products, the DOLPHINS & SHARKS Products in the same order will be sent as part of one delivery.

We deliver DOLPHINS & SHARKS Products in Metropolitan France and United States (excluding US territories and Puerto Rico).

Orders being delivered outside of the EU will be picked up by FEDEX from the DOLPHINS & SHARKS warehouse. FEDEX will handle all required procedures for international shipping and customs clearance. As the recipient of the package, you will be designated as the “Importer of Record,” and by submitting your order you appoint FEDEX as your agent to manage all import and customs clearance procedures and to ensure that applicable customs duties and taxes are paid to the relevant customs and tax authorities in your country.

Although FEDEX handles DOLPHINS & SHARKS’S international shipping, you will not be contacted by FEDEX or its shipping partners except for routine communication necessary to deliver your items or to make arrangements for pick-up if you need to return an item.

You can also have DOLPHINS & SHARKS products delivered within those countries to a person of your choice.

No deliveries can be made to hotels or post office boxes.

Deliveries will be made to the address that was entered when the order was placed, after the payment for the order amount has been validated.

If, at the time of delivery, the exterior appearance of the package is not perfect, we would ask you to open it in the presence of the carrier, in order to check the condition of the DOLPHINS & SHARKS Products that have been delivered. In the event of damage to the DOLPHINS & SHARKS Products, please provide a specific description on the purchase order.

The rates for delivery are specified on the Website and are subject to revision or modification from time to time. Delivery charges may be waived for purchases over a certain value.

You will receive, upon delivery, for each Product, a receipt with written confirmation of the price paid with the retail product prices and delivery charges if applicable.

Article 7 : Transfer of ownership – Passing of risk

The transfer of title and ownership of the DOLPHINS & SHARKS Products will only occur after full payment of the purchase price.

On the other hand, the passing of risk of loss will occur upon delivery of the DOLPHINS & SHARKS Products, meaning the moment when the DOLPHINS & SHARKS Products are handed over at the delivery address that you have provided.

Article 8 : Right of cancellation - Returns

We want you to be fully satisfied with your purchases. Therefore, if you are not satisfied with DOLPHINS & SHARKS Products, we offer you the possibility of returning them and being reimbursed, through exercising your right of cancellation. However, we do not make any exchanges. (If you need to exchange a DOLPHINS & SHARKS Product for a different size or color, the originally purchased DOLPHINS & SHARKS Product must be returned and then a new DOLPHINS & SHARKS Product ordered.).

You have a period of 14 calendar days from delivery to return DOLPHINS & SHARKS Products without the need to justify your reasons or to pay any penalties.

This time period runs from delivery of the DOLPHINS & SHARKS Products to you. When the 14-day period expires on a Saturday, Sunday or legal holiday, it will be extended to the following working day.

To request a return, please access your account on the Website and go to the “Orders” section.

  1. Choose the order number that contains the DOLPHINS & SHARKS Product that you want to return and check the order number.
  2. Send an email to DOLPHINS & SHARKS Customer service at customerservice@dolphinsandsharks.com and specify the DOLPHINS & SHARKS Products you want to return as well as the order number.
  3. Fill in the Return Form and place it in your return package along with the DOLPHINS & SHARKS Product you wish to return.
  4. Send the package to :

    DOLPHINS & SHARKS Customer Service PO Box 230885 New York NY 10023

You must return the DOLPHINS & SHARKS Products to us in their original packaging, complete (with accessories, notice, labels, etc.).

The DOLPHINS & SHARKS Products cannot be returned to any retail store and must be returned via this process.

In order to facilitate returns, we advise you to keep the copy of the return tracking number and of the shipping label validated by the shipping company.

As from the date on which you create your return on the Website, you have a net period of 14 calendar days to return your DOLPHINS & SHARKS Products.

We will reimburse you for returned DOLPHINS & SHARKS Products at the invoiced price, according to the original method of payment, within a maximum period of 14 days following the date on which we acknowledge good receipt of your returned purchases and if they comply with our quality control review. Delivery and duties charges are not reimbursed.

Only the person that placed the original order can initiate a return and a return cannot be initiated by another party that received the original order.

No reimbursement or exchange will be provided for any DOLPHINS & SHARKS Products that are returned incomplete, ruined, damaged, deteriorated, soiled or that have been used. DOLPHINS & SHARKS Products in such condition will be returned to You and no refund will be given.

Article 9 : Liability – Warranty

You must ensure that the DOLPHINS & SHARKS Products that have been delivered to you correspond to your order. Should the DOLPHINS & SHARKS Products that have been delivered not coincide with your order, then you must inform the Customer Service team (using the contact details given in the article "Claims - Information") by email and return the Product or Products in question, in accordance with the terms and conditions set out in the “Right of Cancellation - Returns” section.

Despite the specific warranty terms and conditions that will be provided to you with the delivered DOLPHINS & SHARKS Product, the DOLPHINS & SHARKS Products that are offered on our Website are subject to the terms and conditions of the legal warranties set out in articles L.211-4, L.211-5, L.211-7 and L.211-12 of the French Consumer Code. So if the product is unsuitable for the intended use, you have 2 years from delivery of the DOLPHINS & SHARKS Products to utilize this warranty. It should be noted that the lack of conformity which appears within 1 year from delivery of the DOLPHINS & SHARKS Products are presumed to have existed at the time of delivery. In case of non-compliance we will replace the DOLPHINS & SHARKS Product and if that is impossible, we will refund the total cost of your order to you.

DOLPHINS & SHARKS Products presented on the Website also are subject to the warranty against latent defects sets out in articles 1641 and 1648 of the French Civil Code. Accordingly, if the product is unfit for its intended use, you will have up to 2 years after discovery of the defect to claim this warranty.

The performance of all or part of our obligations will be suspended in the event of an accident or natural disaster that prevents or delays their performance.

Article 10 : Claims – Information

For any information, claims or questions concerning these General Conditions of Sale for purchases on our Website or the DOLPHINS & SHARKS Products themselves, you can contact the Customer Service team available from Monday to Friday, except public holidays) from 9:00 AM to 6:00 PM (GMT+1) : +33 (0)1 53 34 91 84, by email : customerservice@dolphinsandsharks.com, or by mail : DOLPHINS & SHARKS - Customer Service - PO Box 230885 - New York NY 10023.

Article 11 : Protection of privacy

We take every care to protect your personally identifiable and private information collected during the ordering process. Please see our privacy policy described in our Legal Mentions.

For deliveries outside the European Union, in order to get your purchase shipped internationally to you, certain personal information about you is provided to FEDEX (including FEDEX affiliates and trusted suppliers as necessary), including your name, delivery address, phone number, the Product(s) you buy from DOLPHINS & SHARKS, the price you pay for the Product(s), and the weight and dimensions of the package. FEDEX will treat this information as private and confidential and will only use it for the purpose of providing international shipping and customs clearance services necessary to get your Products delivered to you. Information about the packages being shipped to you will be provided to the necessary authorities for purposes of export, import, duty, tax, and security screening. The information may include your name, delivery address, description of the goods, their value, the number of pieces, and the weight of the package. This information is required by law and regulations applicable in the countries from where and to where packages are transported. FEDEX is committed to responsible data management, complies with applicable data protection legislation, and employs industry standard practices to protect the security of your data, which may be stored and processed in France. By arranging for international shipping of your purchases from DOLPHINS & SHARKS, you consent to the disclosure of personal information to FEDEX as described herein. .

Article 12 : Choice of law – Language disputes

Our General Conditions of Sale are governed by and subject to French law.

In case of dispute, you have the option, before any legal action, to seek an amicable solution, including using conventional mediation or any other alternative mode of settlement of disputes. Any disputes which may arise under our General Conditions of Sale concerning either their validity, interpretation, performance, termination or various consequences will be brought before the French courts for adjudication.

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