SALES CONDITIONS

These 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 Trade and Companies Register of Marseille, 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 internet site www.whalesong.fr.

The seller is engaged in the electronic commerce of organic and natural cosmetic products.

These general conditions are exclusively reserved for non-professional consumer buyers.

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller sells and delivers the ordered products, and on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the consumer which apply, without restriction or reservation, to all sales by Deep Ocean Cosmetics SAS of the products offered on its website www.whalesong.fr and to any operation necessary for their performance.

Consequently, the fact that any person orders a product offered for sale on the Deep Ocean Cosmetics company’s website implies full and complete acceptance of these general terms and conditions of sale, which the Purchaser acknowledges having read prior to his order. These conditions apply to the exclusion of all other conditions, including those in effect for in-store sales.

These conditions are accessible to all on the merchant website www.whalesong.fr . The company reserves the right to modify these general terms and conditions at any time, provided that these modifications appear on its website. These modifications are enforceable from the time they are put online and cannot apply to contracts concluded previously. Each purchase on the Site is governed by the Conditions applicable on the date of the order.

The Conditions apply to all sales of Products by the seller to the buyer, made through the site.
An order will only be taken into account by the seller after prior acceptance of the conditions by the buyer.

In accordance with article L 111-1 of the Consumer Code, the buyer may, prior to his order, take note, on the website www.whalesong.fr, of the essential characteristics of the product or products he wishes to order. 

The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller. The offers presented by www.whalesong.fr are valid within the limits of available stocks.

The selling prices of the products online on the website www.whalesong.fr, 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 Purchaser before any order is placed.

Any order implies unrestricted and unreserved acceptance of these general terms and 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 knowingly and without reservation accepted these general conditions of sale, 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 functioning of the database. This includes all attempts at fraud or circumvention of verification protocols put in place for consumer safety.

Payment of the full price must be made at the time of ordering by the buyer.

The collection of the total amount of the order will be made by www.whalesong.fr at the time of validation of the order. 

To pay for his order, the buyer has all the means of payment referred to in the order form: credit card (credit card, Mastercard, Visa), Paypal. 

The buyer guarantees to www.whalesong.fr that he has the necessary authorizations to use the payment method he has chosen, when registering the order form.

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 amount due by the buyer, or in the event of a payment incident.

Penalties equal to the legal interest rate plus 5% are automatically applicable to unpaid amounts at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of an anomaly in the payment 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.

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 to him. If however the order remains possible following an error in the updating of our stocks we will inform you the buyer, by email or by 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.

The products are delivered to the delivery address indicated by the buyer during the ordering 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 the same day from its warehouses. The average delays observed at the beginning of the www.moncornerb.com filing are as follows:

  • Shipping So Colissimo for France: 48 to 72 hours minimum.
  • Global Relay Shipment for Belgium: 4 to 5 business days
  • Chronopost Classic shipping for France and some European countries: 24 to 48 hours
  • UPS shipping for some European countries: 24 to 48 hours
  • Colissimo expert shipping for international destinations: 4 days to 15 working days depending on the destination
  • International Tracking Export Shipment: 5 to 15 business days depending on destination

These deadlines are communicated for information only. www.whalesong.fr cannot be held responsible for the consequences due to a delay in delivery and any possible overrun cannot give rise to damages, withheld on pending payments or cancellation of the order by the buyer. However www.whalesong.fr undertakes to ship 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 due to their availability, the delivery time is based on the longest period. www.whalesong.fr reserves the right to split deliveries. The contribution to the processing and shipping costs will only be charged for one shipment. In this case, an informative letter will be sent by email to the buyer.

In the event of an error in the wording of the address making delivery impossible, the additional costs incurred will be borne by the customer.

Your orders are delivered to you by DHL in Delivered Duty Paid (shipping costs and import taxes are included in your payment), against signature.

In the event of a delay in delivery of more than 10 days from the date of 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 can request an investigation with the carrier. However, if the ordered product is not found after a 21-day investigation period, www.whalesong.fr will proceed at its own expense to a new shipment of the products ordered by the buyer.

What is our international return policy?

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

Return policy for European countries:

The buyer has the right to cancel the order as soon as it is concluded without any justification. All he has to do is 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 to 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 all the products ordered (excluding delivery costs).

In addition, as from the reception of the product the buyer has a period of 14 days to retract, allowing him, without having to justify any 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 (notice, accessories, protective film…). If the buyer makes use of this right of withdrawal within 14 clear days of receipt of the product, the seller undertakes to reimburse the buyer at the latest within thirty days following the date on which this right was exercised. The postal costs of return will be at the expense of the buyer, as well as the shipping costs of his package. In order to return the product, the buyer must follow the following procedure:

1/ Contact customer service by email doc@whalesong.fr
2/ Upon receipt of your message, we will send you a completed withdrawal form to be returned to us.
3/ Send us to the address: doc@whalesong.fr your completed withdrawal form 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 1 business park
Pier 605-610 (Garonor area)
77127 LIEUSAINT

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 period of 30 days.

The products offered by www.whalesong.fr comply with current French legislation. In accordance with article L.111-1 of the Consumer Code, the Purchaser may, prior to his order, take note on the website of the essential characteristics of the product or products he wishes to order.
For all products, and in particular for cosmetic products, food supplements[and/or health-related], 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 contraindications that may be personal to him, as well as their compatibility with any other product he may use or treatments to which he may be subject, so that the choice of the products ordered is made under his sole responsibility. To this end, it is recalled that products should under no circumstances be considered as intended to prevent or treat a disease. The buyer must not modify the treatments 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 liable for any indirect damage that may occur as a result of improper use of the products.

www.whalesong.fr undertakes to do its utmost to select its products and suppliers with the greatest care. However, www.whalesong.fr cannot be held responsible for suppliers who have transmitted fraudulent or erroneous data regarding the description or quality of their products.

The buyer benefits from the guarantee against hidden defects on the Product 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 will be at the seller’s expense. Finally, the buyer acknowledges that the photographs representing the products appearing on the site have only an indicative, non-contractual value.

www.whalesong.fr cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of 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 waives any liability on the part of www.whalesong.fr for any direct or indirect damage that may arise in connection with access to these sites, regardless of the nature and extent of the damage suffered.

For any information or questions, customer service is available by e-mail at the following address: doc@whalesong.fr

All the elements published on the Site, such as sounds, images, photographs, videos, 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 undertakes not to infringe the intellectual property rights relating to these elements and in particular not to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, with the exception of acts necessary for their normal and compliant use.

If one or more of the provisions of the Conditions are found to be unlawful or void, such invalidity shall not have the effect of invalidating the other provisions of these Conditions, unless such provisions are inseparable from the invalidated provision.

The conditions are governed by French law.

The parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the conditions, they will endeavour to find an amicable solution. In the event of failure of this attempt to resolve the dispute amicably, it will be brought before the competent courts.

The buyer is informed that, during his navigation and in the context of the order, personal data concerning him are collected and processed by the seller as the controller, in particular by means of 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 mandatory nature of the fields to be filled in. The recipients of this data will be Deep Ocean Cosmetics. This processing is subject to a declaration to the CNIL. This data is used to process the order and to improve and personalize the services offered by the seller. In application of the law n°78-17 Informatique et Libertés of 6 January 1978 amended 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 our Customer Service to the following address : doc@whalesong.fr