GENERAL TERMS AND CONDITIONS OF SALES AND RETURNS


Preamble
The present general terms and conditions of sale are concluded between, on the one hand, WhaleSong, commercial brand of Deep Ocean Cosmetics, a simplified share company with a share capital of 100 Euros, registered in the Marseille Trade and Companies Register, Siret: 848 012 282, whose registered office is located at 97 rue Sauveur Tobelem - Marseille - France, tel. 06 40 67 53 94
 and, on the other hand, persons wishing to make a purchase via the website www.whalesong.fr. 
The seller is active in the e-commerce of organic and natural cosmetic products.
The present general conditions are exclusively reserved for non-professional consumer buyers.
 
Article 1: Purpose 
The purpose of the present general conditions of sale is, on the one hand, to inform any possible consumer on the conditions and methods in which the salesman proceeds to the sale and the delivery of the ordered products, and on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the salesman to the consumer which apply, without restriction nor reserves, to all the sales, by the company Deep Ocean Cosmetics SAS, of the products proposed on its Internet site www.whalesong.fr as well as to any operation necessary to their execution.
Consequently, the fact for any person to order a product offered for sale on the website of the company Deep Ocean Cosmetics implies full and complete acceptance of these general conditions of sale of which the Buyer acknowledges having read prior to his order. These conditions apply to the exclusion of all other conditions, in particular those in force for sales in stores.
The present conditions are accessible to all on the commercial website www.whalesong.fr . The company reserves the right to modify the present general conditions at any time, subject to these modifications appearing on its website. These modifications are opposable from the moment they are put online and cannot apply to contracts concluded previously. Each purchase on the Site is governed by the Conditions applicable at the date of the order.
 
Article 2: Scope of application
The Conditions apply to all sales of Products by the Seller to the Buyer made through the Site. Une order will be taken into account by the seller only after prior acceptance of the conditions by the buyer.
 
Article 3: Product characteristics - Availability
In accordance with article L 111-1 of the Consumer Code, the buyer may, prior to his order, read the essential characteristics of the product(s) he wishes to order on the www.whalesong.fr website.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the seller. The offers presented by www.whalesong.fr are valid while stocks last.
 
Article 4: Prices
The selling prices of the products on line on the www.whalesong.fr website, indicated in Euros, all taxes included (VAT) are those in force at the time of registration of the order form by the buyer.
The selling prices of the products can be modified by www.whalesong.fr at any time. This modification will be notified to the Buyer before any order is placed.

Article 5: Order
Any order implies the adhesion without restriction or reserve to the present general conditions of sale. From the moment the buyer has registered his order by clicking on the icon "Validate your order", he is considered to have accepted knowingly and without reserve the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.
www.whalesong.fr reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order. In addition, the Company reserves the right to refuse orders and therefore deliveries without having to justify its decision in the event of a problem noted on the operation of the database. This includes all attempts at fraud or circumvention of verification protocols put in place for the safety of the consumer.
 
Article 6: Payment
The payment of the totality of the price must be made at the time of the order by the buyer.
The collection of the total amount of the order will be made by www.whalesong.fr at the time of the validation of the order.

To pay his order, the buyer has all the means of payment listed in the order form: credit card (credit card, Mastercard, Visa), Paypal.
The purchaser guarantees to www.whalesong.fr that he has the authorizations possibly necessary to use the method of payment which he will have chosen, at the time of the recording of the purchase order.
www.whalesong.fr reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident.
Penalties of an amount equal to the legal interest rate plus 5% are automatically applicable to unpaid amounts after ten days following the invoice date or upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of payment anomaly of a previous order.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
 

Article 7: Availability of products
Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. The buyer is informed for each product of its availability or not before placing an order. If a product is not in stock, the order cannot be placed, thus avoiding the buyer a charge on his credit card for a product that cannot be delivered. If however the order remains possible following an error in the updating of our stocks we will inform the buyer, by email or mail, as soon as possible so that he can choose to wait for the product or request a refund.
In the event of prolonged unavailability (more than 15 days), the buyer's order will be automatically cancelled and refunded.
 
Article 8: Delivery
The products are delivered to the delivery address indicated by the buyer during the order process. www.whalesong.fr , through its logistics partner Neolys, based in LIEUSAINT (77) undertakes to do its utmost to ensure that any order received before 10.00 am on a working day leaves its warehouses on the same day. The average delays noted at the departure of the warehouse of www.moncornerb.com are the following:
- So Colissimo shipping to France: 48 to 72 hours minimum.
- Worldwide Relay shipping to Belgium : 4 to 5 working days
- Chronopost Classic shipping for France and some European countries: 24 to 48 hours
- UPS shipping to some European countries: 24 to 48 hours
- International Colissimo expert shipping: 4 days to 15 working days depending on the destination.
- International Export Shipment : 5 to 15 working days according to destination
These deadlines are given as an indication. www.whalesong.fr cannot be held responsible for the consequences due to a delay of routing and any possible overrun cannot give rise to damages, retained on pending payments or cancellation of the order by the buyer. However, www.whalesong.fr undertakes to send the product ordered within 10 days from the day following the validation of the order.
In the case of items that can be delivered on different dates given their availability, the delivery time is based on the longest lead time. www.whalesong.fr however reserves the possibility of splitting deliveries. The participation in the expenses of treatment and forwarding will be invoiced only for one sending. In this case, an informative letter will be sent by email to the buyer.
In the case of an error in the wording of the address making delivery impossible, the additional costs incurred will be charged to the customer.
 
Article 9: Receipt procedure
Your orders are delivered to you by DHL in Delivered Duty Paid (shipping costs and import taxes are included in your payment), against signature.

Article 10: Delivery problem
In case of delay in delivery of more than 10 days minimum from the registration of the order, the buyer is required to report the anomaly by email to customer service doc@whalesong.fr indicating the order number, so that our services ask to open an investigation with the carrier. However, if the ordered product is not found after a period of 21 days of investigation, www.whalesong.fr will proceed at its expense to a new shipment of products ordered by the buyer.
 
Article 11: Cancellation - Withdrawal - Reimbursement

What is our international return policy?

- We do not accept international returns, except those from European countries within 14 days of arrival of the package.

Return policy for European countries :

The buyer has the right to cancel the order as soon as it has been concluded, without any justification. It will be enough for him to follow the following procedure:
1/ Contact customer service by email doc@whalesong.fr
2/ Indicate the order number
3/ A confirmation acknowledging receipt of the request will be sent to the buyer by e-mail.
4/ The buyer will be re-credited on his credit card within a maximum of 30 days.
If the order has already been sent at the time of cancellation, the buyer will be refunded the full amount of the products ordered (excluding delivery costs).
In addition, from receipt of the product the buyer has a withdrawal period of 14 days, allowing him, without having to justify particular reasons, to return the product delivered on the express condition that it has not been opened, damaged or broken and that it is in its original packaging (instructions, accessories, protective film ...). If the buyer makes use of this right of withdrawal within 14 clear days from receipt of the product, the seller undertakes to reimburse the buyer within thirty days of the date on which this right was exercised. The return postage costs will be borne by the buyer, as well as the cost of sending his package. In order to proceed to the return of his product, the buyer must follow the following procedure:
1/ Contact customer service by email doc@whalesong.fr
2/ As soon as we receive your message, we will send you a withdrawal form to be returned to us duly completed.
3/ Send us your duly completed withdrawal form to the following address: doc@whalesong.fr and an automatic acknowledgement of receipt will be sent to you.  
4/ The package must be returned, accompanied by the invoice and a copy of the confirmation email to the following address:
NEOLYS for whalesong.fr
Boulevard d'Italie
Parisud business park 1
Wharf 605-610 (Garonor zone)
77127 SAINT'S DAY
Contact: Angélique HUBLER
01 81 14 50 84
4/ The buyer will be refunded, re-credited via Paypal or on his credit card within a maximum of 30 days.
 
Article 12: Responsibilities
The products offered by www.whalesong.fr comply with the French legislation in force. In accordance with article L.111-1 of the Consumer Code, the Buyer may, prior to his order, read on the site the essential characteristics of the product(s) he wishes to order. Pour all products, and in particular for cosmetic products, food supplements [and/or health-related products], the Buyer determines his choice both in view of the essential characteristics of the products, and taking into account his personal specificities. In this respect, the buyer acknowledges and confirms that he is the sole judge of the relevance of the products in view of any personal contraindications, as well as of their compatibility with any other product he may use or treatments to which he may be subject, so that the choice of products ordered is made under his sole responsibility. To this end, it is recalled that the products should in no case be considered as aiming to prevent or treat a disease. The buyer must not modify the treatments that have been prescribed to him and it is up to him to be assisted by an adviser if he does not consider himself sufficiently informed. Consequently www.whalesong.fr cannot be held responsible for any indirect damage which could occur because of the misuse of the products.
www.whalesong.fr is committed to doing everything possible to select its products and suppliers with the greatest care. However www.whalesong.fr could not be held responsible for suppliers having transmitted fraudulent or erroneous data as for the description or the quality of their products.
The buyer benefits on the Product from the guarantee of hidden defects as provided for in articles 1641 to 1649 of the Civil Code. These guarantees are free of charge for the buyer. In this case, the return postage costs will be borne by the seller. Finally, the buyer acknowledges that the photographs representing the products appearing on the site are for information purposes only and are non-contractual.
www.whalesong.fr could not be held responsible for the inexecution of the contract in the event of out-of-stock condition or unavailability of the product, force majeure, disruption or total or partial strike in particular of the postal services and means of transport and / or communications.
The www.whalesong.fr website also contains information from third parties and links to other websites. www.whalesong.fr cannot be held responsible for information from third parties in comment areas. Access to third party sites via hypertext links published on the site is at the customer's own risk. Consequently, the customer expressly renounces to seek the responsibility of www.whalesong.fr for any direct or indirect damage possibly related to the access to these sites, whatever the nature and extent of the damage suffered.
 
Article 13: Customer service
For any information or question, the customer service is at your disposal by e-mail at the following address: doc@whalesong.fr .
 
Article 14: Intellectual Property
All the elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the intellectual property code and belong to the seller. The buyer shall refrain from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, with the exception of acts necessary for their normal and compliant use.
 
Article 15: Partial disability
If one or more of the stipulations of the conditions were to be deemed unlawful or null and void, such nullity would not have the effect of rendering the other provisions of these conditions null and void, unless these provisions were inseparable from the invalidated stipulation.
 
Article 16: Applicable law
The conditions are governed by French law.
 
Article 17: Attribution of competences
The parties agree that in the event of any dispute that may arise concerning the execution or interpretation of the conditions, they will endeavour to find an amicable solution. If this attempt at an amicable resolution fails, the dispute will be brought before the competent courts.
 
Article 18: Data processing and liberties
The buyer is informed that, during his navigation and within the framework of the order, personal data concerning him are collected and processed by the seller as the person in charge of processing, in particular through the online form intended to place the order. The buyer is informed that the order cannot be placed if this form is not correctly completed. This form contains an indication of the optional or compulsory nature of the fields to be filled in. The addressees of these data thus collected will be the company Deep Ocean Cosmetics. This treatment is the subject of a declaration to the CNIL. These data are used to process the order as well as to improve and personalize the services offered by the seller. In application of the law n°78-17 Informatique et Libertés of January 6th, 1978 modified in 2004, the buyer has, at any time, a right of access, rectification, and opposition to all his personal data via his account or by writing to the Customer Service at the following address