1 – General Provisions
These general conditions of sale (so-called GTC) apply as soon as you access the online store ALL'OCÉAN (www.all-ocean.com) or place an order to buy one or more products on the site www.all -ocean.com.
The GTC are concluded between, on the one hand, the SAS ALL'OCÉAN, on which the ALL'OCÉAN and Matelot Trophy depend, located in the Kermarquer PA, 7 rue de la Drisse, 56470 LA TRINITÉ SUR MER, Siret: 401 482 674 000 33 and, on the other hand, the user of the website, who makes a purchase on www.all-ocean.com, hereinafter referred to as "the customer".
Any order duly validated on the site www.all-ocean.com carries the total and without any reservation of the customer to the present general conditions of sale.
It is specified that the products that we sell are intended for a personal use of the buyer, which must not be in connection with the professional activity of this one (except professional access on the website). Any resale of our products is prohibited. As such, the attention of the buyer is drawn to the fact that the amount of his orders must not exceed the sum of 300 euros (all taxes included).
In addition, the same buyer can only place one order per day.
In case of suspicion of fraud, we reserve the right at any time to ask you for a proof of identity. Without cooperation of the buyer, the order will be considered void and the payment will be canceled.
The Customer declares to be at least 18 years old and have the legal capacity or to hold a parental authorization allowing him to make an order on the Site.
2 - Articles and products
www.all-ocean.com is a merchant website that sells clothing and accessories that meet the applicable European Union standards.
The online sale of the articles presented on the website of ALL'OCÉAN is reserved for Customers who reside in mainland France as well as on the whole territory of the member countries of the European Union and the United Kingdom or the following countries located in the Euro zone: ...).
The ALL'OCÉAN Company reserves the right to cancel the order:
- in case of identification of a product or price error on the website
- if the goods are unavailable or out of stock,
- in case of suspicion of fraud.
In the event of unavailability of the product once the order has been validated, the ALL'OCÉAN Customer Service will inform the customer by e-mail or telephone and the order will be automatically canceled.
The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the responsibility of www.all-ocean.com could not be engaged.
As such, it is specified that the site www.all-ocean.com, its contents and all the constituent elements are creations for which the mark ALL'OCÉAN is holder of the entirety of the intellectual property rights and / or has obtained exploitation rights, in particular copyright, design rights.
The photographs posted on the site www.all-ocean.com are as faithful as possible, but can not ensure a perfect similarity with the presented product, in particular as regards the colors. The image editing does not affect the quality of the products.
In this context, illustrations of products, whether texts or photos, do not enter the contractual field.
3 - Product prices
The prices are presented in euros (all taxes included), excluding shipping costs and any customs clearance costs (for deliveries outside the European Union). The tax included is the French VAT (Value Added Tax) at the rate in effect for the products concerned. If the VAT rate were to be changed, these changes may be reflected in the price of the items without the customer being informed.
Prices shown do not include shipping charges that are charged extra. These costs are made known to the customer before final confirmation of the order.
ALL'OCÉAN is not required to check and inform its customers of applicable customs duties and taxes. To know them, it is your responsibility to find out from the competent authorities of the country of delivery.
ALL'OCÉAN reserves the right to change prices at any time but agrees to apply the rates that have been indicated at the time of the order of the user.
The products remain the property of ALL'OCÉAN until the complete payment of the products.
Concerning the promotional offers, the company ALL'OCÉAN reserves the possibility of setting up such operations of the type balances, clearance sales, promotions, etc. over fixed periods of time for a variable duration.
In doing so, the ALL'OCÉAN Company will be in a position to interrupt and / or cancel the current promotional offers without the need to inform the customers in advance.
These promotional offers are not cumulative, especially with gift cards.
In addition, the promotional offers applicable on the Company's website may not be the same as the promotional offers applicable, if applicable, in the ALL'OCÉAN stores.
4 – Order
Customers wishing to purchase an item from www.all-ocean.com use the following process to establish their order.
After having selected the size, and possibly the color, he clicks on the button "add to basket";
He then goes to the basket to check the specifics of his order (size, color, quantity, price), and continues by clicking on the button "order";
It then accesses the control tunnel comprising 4 steps (1- connection or creation of account, 2- the choice of the delivery address, 3- the choice of the means of delivery and the validation of the GTC, 4- the payment) .
Payment terms :
The customer pays online by credit card or PayPal account via a secure area (see article 5 below). He validates his order by clicking on the "Validate" button. This validation is worth selling and irrevocably binds the parties.
ANY ORDER CARRIED OUT ON THE ALL-OCEAN.COM SITE HAS A PAYMENT OBLIGATION
ALL'OCÉAN will acknowledge receipt of the order upon validation, by email.
Order by Internet + phone: you can choose articles on our website and call Customer Service on 02.97.55.74.20 to build your shopping cart and place an order. In accordance with the legislation in force and in particular articles L221-11 to L221-15 of the Consumer Code, you can give your consent to an oral order. Any order by phone will be payable only by credit card (Visa, Mastercard, credit card, American Express) and will be limited to 10 items maximum.
Before providing your bank details, you will have to validate the full acceptance of our Terms and Conditions reproduced on our website.
5 -Security of credit card payments
To ensure the security of payments, the www.all-ocean.com website uses secure payment services Citélis system of CMB (Crédit Mutuel de Bretagne) and those of PayPal. All your purchase transactions take place in a strict framework of confidentiality and encryption thanks to the SSL (Secure Socket Layer) protocol.
ALL'OCÉAN has no access to banking data. For this purpose, they will be asked again during a new transaction on the site. You are thus doubly protected against abuse and fraud.
When the order is validated, the payment request is routed in real time to the secure electronic payment manager Citélis or PayPal. The latter sends a request for authorization to the bank card network.
The electronic payment manager issues an electronic certificate that will be worth proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code in this respect, the dates and time of the server will be valid between the parties.
In all cases, the validation of the order is worth signing and express acceptance of all operations performed on the site.
In case of order to a country other than metropolitan France the customer is the importer of the products concerned. For all products shipped outside the European Union and DROM-COM, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable.
These rights and sums are not the responsibility of ALL'OCÉAN. They will be the responsibility of the customer and are under his full responsibility, both in terms of declarations and payments to authorities and / or competent bodies of his country. The client is advised to inquire about these aspects with the relevant local authorities.
6 - Delivery
www.all-ocean.com agrees to ship orders (for products in stock only) in 2 to 3 business days after receipt of the buyer's order and subject to validation of payment, plus the delivery time of the chosen carrier.
List of delivery areas
All orders placed on the site www.all-ocean.com can be delivered in the following geographical zones:
• Metropolitan France,
• Member countries of the Euro Zone *
• and Departments and Overseas Regions.
* (Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden)
For delivery to another country, we invite you to make a request to our sales department via the contact form.
Different delivery methods
For deliveries in mainland France, you can choose one of the following delivery methods:
Home delivery via So Colissimo solution
The parcel will be delivered against signature to the address indicated during your order. The shipping of your package will automatically generate a tracking number allowing you to know exactly where your package is located and especially when it will be delivered. In case of absence on the day of delivery, a notice will be placed in your mailbox indicating the coordinates of the post office where your package has been deposited. You will then have 10 working days to pick up your parcel at your post office.
Delivery Point Relais So Colissimo
The delivery Point Relais So Colissimo allows you to choose from one of the many merchants near your home, your place of work or vacation. In the same way as for home delivery, an e-mail informing you of the availability of your parcel at your merchant will be sent to you as soon as your package has been delivered. You can then withdraw it within 10 business days. After this time, your package will be returned.
Delivery in your post office
We propose to deliver you in the post office of your choice (without previous passage of your postman at home). You will be informed of the availability of your package by e-mail and you will have 10 working days to remove it. After this time, your package will be returned.
Delivery in ALL'OCÉAN store
You can choose to have your order delivered in one of our ALL'OCÉAN shops proposed for this delivery method. An e-mail informing you of the availability of your order will be sent to you and you will have 10 working days to pick it up.
An ID will be required to pick up your parcel in the shop and a signature of the delivery note associated with your order. If you are unable to pick up your order in the shop, know that you have the opportunity to mandate a third party to whom your order will be given on presentation of a copy of your identity document and a document signed by you certifying that you authorize it to withdraw the order.
To get your bill, simply log into your account on our site www.all-ocean.com using your usual login and find it in the section '' History and details of my orders ''.
Delivery in the member countries of the Euro Zone
Deliveries of your orders in one of the member countries of the Euro Zone will be ensured by the Chronopost International solution. An email with the date and estimated time of delivery will be sent to you 24 hours before the first presentation. In case of impediment, you can reprogram it.
Participation in the costs of preparation, packing and delivery
For delivery in mainland France:
• Delivery at home against signature (So Colissimo solution): 8,90 € TTC
• Point Relay delivery (So Colissimo solution): € 6.90 incl. VAT and Free from € 100 purchase
• Delivery in your post office (So Colissimo solution): 6,90 € TTC
• Delivery in ALL'OCÉAN store: Free
For deliveries of your orders in one of the member countries of the Euro Zone:
• Delivery to your home against signature (Chronopost International solution): € 15.00 TTC
Delivery time of your orders
They take into account the time of preparation of the order, the delivery method chosen and the delivery times. All orders placed before 12 noon are shipped the same day, except for orders placed on Friday, Saturday and Sunday, which will be despatched the following Monday, as well as orders placed on holidays that will be despatched the next working day.
Delivery times are as follows:
For metropolitan France:
- So Colissimo (at home, relay point or in your post office): within 48 hours (after shipment by our logistics department)
- Delivery in store ALL'OCÉAN: 3 to 5 working days (after validation of your order)
International: 3 to 5 working days
Your delivery addresses
From your customer account
To change your delivery address, log in to your customer account with your usual credentials. Once connected, go to the "My addresses" section. You will find the delivery address currently filled. To delete it, click on "Delete". To modify it, click on "Update" and modify the information directly in the form. To add a new delivery address, click on the "Add an address" button and complete the form. Remember to give it a different name from the address currently filled in.
After having validated the summary of your shopping cart and connected to your customer account, you will have the opportunity to modify the delivery address entered during the creation of your customer account. To do this, click on the "Update" link in the "Your delivery address" box. You can also change your billing address in the dedicated box. Finally, you can add a new delivery address by clicking on the "add a new address" button. Once the mode of delivery chosen, you will not be able to modify your delivery address for the order concerned.
Shipping problem ?
In case of abnormally long delay or if you have a doubt about the status of your order, do not hesitate to contact our Customer Service, either by the instant messaging module which appears at the bottom right of your screen, or by phone 02.97.55.74.20 from Monday to Friday, from 9h to 13h and from 14h to 17h30.
Any order shipped is systematically accompanied by the sending of a confirmation email containing the reference and the detail of your order. At any time, you can follow the status of it by logging into your account in the section "History and details of my orders". To view the details of your order, click on the reference of the order concerned. If your order displays the status '' order shipped '', a clickable tracking number will allow you to track its routing.
Order processing is from Monday to Friday (except holiday), within an average of 48 hours. At certain periods (especially during the season, Christmas, promotional offers), the processing time may be longer because of the greater number of orders to be processed.
It is necessary to add to this delivery period the transport times, the delivery of orders being ensured by the parcel service of La Poste.
The maximum delivery time, including transport, is 30 working days from the date of validation of the order, unless express contractual stipulation.
In all cases, the Customer automatically receives an e-mail informing him of the dispatch and the follow-up of his order. Each delivery will be deemed made as soon as the product has been made available to the Customer, by the postal service. The products are delivered to the delivery address indicated by the buyer.
Following many lost or stolen packages, we decided to stop the delivery of home parcels, without signature.
The delivery by the Post Office takes place within the deadlines indicated below, notwithstanding any fortuitous event or force majeure which would delay the delivery independently of the will of the mark.
As part of a withdrawal from a merchant or post office, the delivery service (Colissimo or Chronopost) will inform you by email as soon as your package will be available in the selected point of withdrawal. Remember to check your email as well as your unwanted emails (SPAM) in the days following your order.
If you choose the STORE REMOVAL, the delivery is free, however the delays are longer: 3 to 6 days depending on the shop selected. (define if longer period or according to the period)
Delivery (Point Relais) is offered from 100 euros of purchase excluding discount, in France only.
Please note that shipping costs are indicated before payment of your order when you choose your delivery method. Their amount varies according to the weight of your package and the delivery address and the delivery method.
In case of exceeding the delivery time by ALL'OCÉAN, the Customer may resolve the contract, by registered letter with acknowledgment of receipt to the following address: SAS ALL'OCÉAN, PA Kermarquer, 7 rue de la Drisse , 56470 LA TRINITÉ SUR MER, if, after ordering ALL'OCÉAN to effect the delivery within a reasonable additional period, ALL'OCÉAN did not execute within this period.
The contract shall be considered as resolved upon receipt by ALL'OCÉAN of the letter or writing informing it of this resolution, unless ALL'OCÉAN has been executed in the meantime.
When the contract is resolved under the conditions set out in the preceding paragraph, ALL'OCÉAN reimburses the Client for all amounts paid, at the latest within fourteen (14) days following the date on which the contract was terminated.
However, ALL'OCÉAN will be exonerated of all or part of its responsibility by proving that the non-performance or the bad execution of its obligation of delivery is attributable either to the Customer, or to the fact, unpredictable and insurmountable, of a third to contract, either to a case of force majeure.
7 - Right of withdrawal
If, for any reason, the customer was not satisfied with our products or wished to cancel his order, he has a period of FOURTEEN (14) days, from the receipt of the products or from the acceptance of the offer for services, to exercise the right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, the cost of return.
If the period of FOURTEEN (14) days expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next working day.
To exercise this right, the Customer must send to ALL'OCÉAN, before the expiry of the aforementioned period and by registered letter with acknowledgment of receipt, a letter expressing without ambiguity its desire to retract and containing the elements to identify it. He may use for this purpose the withdrawal form attached to these general conditions of sale (to be provided), which he will send to the following address: "SAS ALL'OCÉAN, Return Service, PA Kermarquer, 7 rue de la Drisse , 56470 THE TRINITY ON SEA ». In all cases, the Customer must be able to prove that he has exercised his right of withdrawal.
In case of exercise of the right of retraction, ALL'OCÉAN reimburses the Customer for all the sums paid, as soon as possible and at the latest within fourteen (14) days following the date on which this right was exercised, including including shipping costs.
In the event of exercise of his right of retraction by the Customer, ALL'OCÉAN reimburses him for all the sums paid, as soon as possible and at the latest in the FOURTEEN (14) days following the date on which this right was exercised, subject to compliance by the Customer with the following conditions:
- Items must be returned in new condition, in perfect condition and in their original box, without being damaged, stained, washed, modified or worn (with the exception of the fitting), enclosing the original packaging and all accessories related to the products: labels etc ...
- Items must be returned within a maximum of fourteen (14) days from the date of dispatch of the letter mentioning the Customer's desire to exercise the right of withdrawal, to the following address: SAS ALL'OCÉAN, Customer Service , Kermarquer PA, 7 rue de la Drisse, 56470 LA TRINITÉ SUR MER, accompanied by the return slip included in your package and downloadable in your customer area and / or accessible directly via this page;
The Customer must keep proof of the deposit of the parcel. In the absence of this proof, no exchange or refund can be made in case of loss of the package.
Damaged, dirty or incomplete items are not returned.
Subject to compliance with the above conditions, ALL'OCÉAN will refund using the same means of payment as you used for the original transaction, unless you expressly agree otherwise; in any case, this refund will not incur any costs for the Customer.
All costs of returning the goods are the sole responsibility of the customer.
The exercise of the right of withdrawal above is excluded under the conditions of Article L221-18 of the Consumer Code and in particular with regard to the supply of goods made to the Client's specifications or clearly personalized. These are specifically the products manufactured and marketed by ALL'OCÉAN as part of the customization of products ordered by its Customers, which can not be taken back and / or exchanged because of their specific and personalized nature, making them unsuitable for resale.
8 - Exchanges and returns of product(s)
The Customer is required to verify the conformity of the Products received in execution of his order at the time of delivery or at the latest on the first working day following delivery.
Any anomaly concerning the delivery (damaged parcel, missing products, deteriorated products, products not conforming to the order), will have to be notified within the legal deadlines following the reception of the order.
If you want to trade, you must follow the following procedure:
- In the "My Account" section, you can access your order history. Select the command containing the product to return.
- Check the box of the product in question and click on "generate a return" (see link to assign). Thus your request is sent to the Customer Service and will be validated within 48 hours of your request. Once your return request accepted, you just have to return the product (at your expense) so that we can redeem or refund.
Foreign orders will not be exchanged but the edition of a credit or a refund.
Return the article in Colissimo followed to the following address: SAS ALL'OCÉAN / Customer Service, P.A. of Kermarquer, 7 rue de la Drisse, 56470 LA TRINITÉ SUR MER.
It is imperative that the products are returned in their original packaging and in perfect condition. Damaged, dirty or incomplete items are not returned.
The ALL'OCÉAN Company reserves the right to refuse the return of goods that have not been returned in accordance with the stipulations of these general conditions of sale.
The cost of return are the responsibility of the customer, unless the shop ALL'OCÉAN has delivered a damaged product or different from the ordered item (in this case we will provide a prepaid return label). Your credit is activated upon receipt of your return.
Use your credit by placing a new order. When ordering, the amount of your credit is automatically deducted, shipping postage remains your responsibility regardless of the number of items ordered. Your credit is usable only once in a period of 6 months (to set and then set in Xlsoft) from its activation.
If you want a refund, you must indicate it on your exchange form (create a link to the form), the amount of your item will be directly credited to your bank account. We use the service Citélis our secure payment partner or PayPal if your order has been paid by PayPal. a refund confirmation email is sent to you.
9 - Nominative information and personal data
During the processing of the order, nominative data relating to the consumer are collected. Consumer information and data is required for order registration and tracking, sales and marketing management and relationship quality. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to improve and personalize the services offered by www.all-ocean.com.
As part of the General Data Protection Regulation put in place by the European Commission in May 2018, it is agreed that the Customer may, at any time, modify his data. Heading "my account / my information.
The customer can also ask for the total deletion of his account and his data, on our site as well as on our cash register, by simple e-mail or telephone.
The data we record will never be given, rented or sold to a third party.
This computer processing set up by the company ALL'OCÉAN has been the subject of a regular declaration with the CNIL, bearing the number XXX. In accordance with the laws n ° 78-17 of January 6, 1978 and n ° 2004-801 of August 7, 2004, the consumer has at any time a right of access and rectification of these data on simple request sent by mail to the Company, by writing to SAS ALL'OCÉAN, Customer Service, PA de Kermarquer, 7 rue de la Drisse, 56470 LA TRINITÉ SUR MER.
A charter of personal data is at your disposal on (link to charter personal data)
For any question, do not hesitate to contact us at firstname.lastname@example.org
10 - Liability - Warranty
products sold by ALL'OCÉAN benefit:
- The legal guarantee of conformity:
Article L217-4 of the Consumer Code:
"The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code:
"To be in conformity with the contract, the property must:
1 ° Be fit for the usually expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. "
Article L217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
- The legal guarantee against hidden defects:
This hidden defect must come from a defect of material, design or manufacture affecting the delivered products and rendering them unfit for use.
Article 1641 of the Civil Code:
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them. "
The action resulting from hidden defects must be brought by the Customer within two years from the discovery of the defect.
Any warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the customer, as in case of normal wear of the property, accident or force majeure.
11 - Intellectual property and competition
All the elements of the site www.all-ocean.com, contents and visuals, are protected by the copyright and are the exclusive property of the brand ALL'OCÉAN.
ALL'OCÉAN owns or has the rights to use all the elements that make up the website, such as trademarks, logos, texts, photographs and images, graphics, video, sound and animation data, software, source codes, databases of data.
The Customer has the authorization to view the website and use the elements that compose it only in a personal and private, for the strict needs of the consultation of said website, excluding any viewing or dissemination public.
Any reproduction, representation, distribution or exploitation of any nature whatsoever and by any means whatsoever of any of the abovementioned elements, without the prior written authorization of ALL'OCÉAN, is strictly prohibited and constitutes an act of counterfeiting sanctioned by the Code of Intellectual Property.
The reproduction authorization granted to the Customer is only in digital form for the purpose of consulting the website and viewing the pages opened by the Customer's browser software.
The printout of any element of the website is authorized for the purposes of private copying, for the exclusive use of the copyist within the meaning of Article L. 122-5 of the Code of Intellectual Property.
The user who has a website for personal use and who wishes to place, for personal use, on his site a simple link directly to the home page of the site www.all-ocean.com, must first solicit the authorization of the mark ALL'OCÉAN. It can not be in this case an implicit agreement of affiliation.
In any case, any link, even tacitly authorized, must be removed on simple request of the brand ALL'OCÉAN.
12 - Use of the website
The Customer is informed and aware that it is his responsibility to protect his technical equipment and make any backups of his data. He is thus solely responsible for the use he can make of the service and the Product provided by ALL'OCÉAN.
ALL'OCÉAN makes every effort to offer its customers functional and verified tools.
Thus, ALL'OCÉAN can not be held responsible for any inconvenience or damage inherent to the use of the Internet, errors, lack of availability of features, a break in service, external intrusion or the presence of computer viruses.
13 – Customer Service
For any question or information, the Customer may contact ALL'OCÉAN either by completing the form for this purpose on the website, or:
• By telephone: 02 97 55 74 20, Monday to Friday, from 9 am to 6 pm;
• By e-mail: email@example.com;
• By mail: SAS ALL'OCÉAN, Customer Service, P.A. of Kermarquer, 7 rue de la Drisse, 56470 LA TRINITÉ SUR MER;
14 - Mediation
In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Decree No. 2015-1382 of October 30, 2015 relating to the mediation of consumer disputes, the consumer client has the right to make free use of a mediator of the Consumption in view of the amicable resolution of the dispute which opposes it to ALL'OCÉAN since the litigation related to the consumption could not be settled amiablement and directly with her.
The mediator to contact is:
The West Brittany Mediators Association (AMBO)
Bar Association - 37, rue Gambetta 56100 LORIENT
Such. 02.97.64.87.87 - 06.71.90.24.25
E mail: firstname.lastname@example.org
The referral to the mediator must be carried out by sending a postal letter or by e-mail to the coordinates indicated above.
Legal fees or other advice are the responsibility of the client.
In the absence of an amicable settlement of the dispute, the rules of jurisdiction of the Code of Civil Procedure shall apply in accordance with the provisions of Article 22 of the GTC.
15 - Applicable Rights / Jurisdictions
The language of these general conditions of sale is French. These General Terms and Conditions of Sale are exclusively governed by French law.
In case of dispute over the interpretation, exclusion or validity of these Terms and Conditions of Sale, an amicable solution will in any case be sought before any legal action. If the dispute continues, each party may initiate any useful procedure before the competent courts under the conditions of common law.
16 – Force majeure
Aucune des parties ne sera tenue pour responsable envers l'autre ni ne pourra être considérée comme ayant violé le contrat si elle est empêchée ou retardée dans l'exécution de ses obligations pour cause de force majeure.
Cases of force majeure are events which are beyond the control of the party concerned and which it can not reasonably be expected to provide, insofar as their occurrence makes the performance of its obligations more difficult or more expensive. It will also be the same in all circumstances, even if they do not fall within the above definition, including cases of war, explosion, acts of vandalism, riots, popular movements, acts of terrorism, machine breakage, fire , storm, water damage, strike, lockout, acts of government, embargo, shortage of raw materials, changes in the regulations applicable to these terms and conditions or the Product subject of the contract.
If applicable, ALL'OCÉAN will notify the customer by any means of the occurrence of such a fortuitous event or force majeure within THREE (3) working days from the date of occurrence of the event and delivery will be postponed on a date when the event of force majeure ceases without the Customer or ALL'OCAN being able to demand any compensation from the other party.
If the event of force majeure exceeds a duration of FOUR (4) weeks, each party will be able to resolve the contract by registered letter with acknowledgment of receipt. ALL'OCÉAN will then refund to the Customer the amount of the deposit paid to him.