TERMS OF SALES

Article 1. Fields of application

These general conditions apply to the purchase of non-personalized products, without intention of reselling them, by non-professional buyers made in France on the Apnée website.

Personalized products mean products presented in the “made to measure” category and produced according to specifications specific to each customer who orders them and are not governed by these general conditions of sale.

Article 2. Order and buy on our website

2.1 Eligibility to order and purchase

In order to place an order on our website, you must have legal capacity and not purchase a product with the intention of reselling it.

2.2 How to order

Nothing's easier!

1. Visit our e-store and find the products you want to wear.

2. Add the products to your cart by clicking on the “Add to cart” button.

3. Once you have finished your selection, place the mouse cursor on the basket and check its contents. Confirm by clicking on the “Order” button.

4. If you already have an account in our e-store, identify yourself using your email address and password in the “Already registered? »

5. If you do not yet have an account in our e-store, you can create one easily and quickly. Enter your email address in the “Create your account” section and click on the “create your account” button. Fill in the detailed fields, create your password and confirm the creation of your account by clicking on the “Register” button. An e-mail will then be automatically sent to you, reminding you of the information necessary for your next connection (email address and password)

6. Check your order.

7. Double check your delivery and billing addresses

8. Choose a delivery method. For more information, refer to articles 5 and following

9. Choose your payment method and proceed to payment. For more information, refer to articles 3 and following

Your order becomes final, as it appears on the screen, from the moment you validate it at the end of the order procedure and proceed to payment.

Once payment has been made, a confirmation of your order and payment will be sent to you by email. Apnée advises you to keep them, it may be useful to you later.

2.3 Refusal of an order or cancellation of a purchase.

Apnée reserves the right to refuse an order for good reason.

Apnée also reserves the right to cancel a purchase (order accepted) for good cause.

Justified order refusals and purchase cancellations do not give rise to any compensation, but to reimbursement of the price of the products if this has been paid.

The valid reasons include: product not available in stock (you can wait for restocking or obtain a refund); incorrect or unverifiable bank details; order identified as unusual or susceptible to fraud; payment not received by bank transfer or bank check within 8 calendar days of acceptance of your order; we have reason to believe that your purchase is intended for resale; the sale price indicated on the website contained an error; the address you provided to us does not fall within the geographic delivery area.

2.4 Data control

Apnée reserves the right to control the personal and banking data that you provide when creating your account or placing any order.

Article 3. Price/Payment

3.1 Payment methods

- Payment by credit card :

For this type of transaction, Apnée works in partnership with Payplug and Paypal.

- Payment in 3 installments without fees:

For this type of transaction, Apnée works with Scalapay.

• First payment: at the time of purchase
• Second payment: 1 month from the day of purchase
• Third and final payment: 2 months from the day of purchase.

You are informed a few days in advance (by text message or email) of the payment due date.

3.2 Reservation of title

Apnée retains ownership of its products until full payment of the price of its products has been received.

3.3 Price and currency

Shipping costs are not included in the prices indicated on the products. Shipping costs depend on the delivery method chosen and the delivery location. Shipping costs must be added to the product prices to calculate the total amount payable.

For international deliveries, customs fees and other taxes are not included in the price displayed on the site. These costs must be paid by you directly to the carrier upon receipt of the product.

3.4 Breakdown of the total price

The total price to pay means the sum of the price of each product in the basket and shipping costs. It is indicated to you during the last step of the payment procedure.

3.5 Price changes

Apnée reserves the right to modify the price of the products indicated on its website. The prices appearing at the time of validation of the order are the prices applicable to this purchase.

3.6 Pricing errors

In the event of an obvious error in the price of a product, Apnée is not bound by its offer and will give you the option of canceling your order or confirming it at the actual price of the product which will be communicated to you by Apnée.

Article 4. Security of transactions

Apnée uses an SSL (Secure Socket Layer) protocol to secure transactions. It is currently one of the most effective encryption protocols. Your banking information is encrypted throughout the payment process and is not saved on a public server.

Despite all our efforts to secure payments, there is still a small risk of fraud. Apnée cannot be held responsible for damage resulting from the use of electronic means of communication and payment.

Article 5. Shipping and delivery

5.1 Delivery

We deliver the products worldwide.

We deliver Monday to Friday. Orders placed on Saturdays, Sundays and holidays ship the next business day.

In the event that the delivery address that you have given us proves to be inaccurate or in the event that it is impossible for the delivery service to deliver your package to you for reasons attributable to you, the costs of reshipping the package to us will be been returned will be your responsibility.

5.2 Delivery method and times

Apnée offers two types of delivery. Deadlines run from receipt by Apnée of full payment of the price:

• Standard Delivery (from 48 hours on working days in France): It is carried out by Colissimo without signature in France and with signature abroad

• Delivery to a relay point (from 48 hours on working days in France): It is carried out by Mondial Relay without signature in France

• Express delivery in France (less than 24 hours): It is carried out by Chronopost and arrives at the delivery point the next day before 6 p.m. for orders placed before 12 p.m. (and D+2 for Corsica)

If the delivery deadline is exceeded by more than 7 days and not due to force majeure, you can cancel your order by registered letter with acknowledgment of receipt. You will then be reimbursed within a maximum of 30 days.

5.3 Split delivery

Apnée tries as much as possible to deliver all the products in your order at once and as quickly as possible. However, Apnée reserves the right to deliver the products in your order in stages in cases where, for logistical reasons or availability of products in stock, delivery in one go would be impossible. In such a case you will be informed by email and you will not be charged any additional shipping costs.

Article 6. Shipping costs

6.1 Shipping costs

The amount of shipping costs depends on the type of delivery chosen.

When ordering, this amount is indicated to you when you choose the delivery method.

6.2 Free delivery

Apnée offers you shipping costs for any order in metropolitan France (non-express) as well as for any international order whose total amount exceeds €150.

Article 7. Returns and cancellations

7.1 Returning defective products after delivery

You have the right to return delivered products if they are defective or do not conform to your order. They are guaranteed for 3 years in normal use.

Upon receipt of the returned products and after inspection, we will issue your refund within 15 days.

Apnée undertakes to respect its legal obligations which appear in the articles extracted from the Consumer Code and the Civil Code below:

Consumer Code - article L211-4

"The seller is required to deliver a voucher in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was made his responsibility by the contract or was carried out under his responsibility Consumer Code - article L211-5.

To comply with the contract, the property must:

1. be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model : - present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling.

2. or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Consumer Code - article L211-12 Action resulting from lack of conformity is prescribed two years from delivery of the goods. Civil Code - article 1641

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. Civil Code – article 1648

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."

7.2 Returning products after delivery without reasons – Right of withdrawal

If you are not satisfied with the products ordered, you can exercise your right of withdrawal and return them to us within 14 days postmarked.

The exercise of the right of withdrawal is materialized by the return of the products and is dated the day the returned products are sent, postmarked as proof.

Upon receipt of the products we will reimburse the price of the products excluding shipping costs within a maximum period of 14 days or we will offer you a credit which you are free to refuse.

Return costs are your responsibility, up to €5.

However, the return will be refused and will not give rise to a refund, in the following cases:

1. The return slip with the order number is not included in the return package

2. the labels attached to the product have been removed

3. the products have been washed, used or worn except for simple fitting

4. the product is not complete. For example, if the water-resistant pouch is missing from the return package.

5. The products have been modified or denatured

7.3 Returning products after delivery and requesting an exchange

If the size or color of the product ordered does not suit you, we offer you the possibility of exchanging your order for another product of your choice (subject to stock availability). Exchanges are free in France.

Upon receipt of the products we will send the new product if it is available. Please note that if the requested product(s) are not in stock, we can also offer you a refund of the price of the products excluding shipping costs within a maximum period of 14 days. The exchange will be refused and will not result in a new shipment in the following cases:

1. The return slip with the order number is not included in the return package

2. the labels attached to the product have been removed

3. the products have been washed, used or worn except for simple fitting

4. the product is not complete. For example, if the water-resistant pouch is missing from the return package.

5. The products have been modified or denatured

Article 8. Information relating to reimbursement

The costs of returning products that are defective or do not conform to your order will be fully refunded (shipping costs and return costs).

Article 9. Pre-Ordered

Pre-ordering allows you to reserve a product before it is marketed by Apnée and to be among the first to benefit from a new Apnée product. Pre-ordering is available on Apnée on a selection of products.

Article 10. Promotional codes (discounts)

10.1

A promotional code entitles you to a one-off discount for the purchase of one or more products under the conditions provided for in the promotional code.

10.2

Promotional codes are personal. Promotional codes are inalienable and cannot be sold, bartered, exchanged, or made available to the public free of charge or for a fee on a website or any other communication medium without prior, express and written authorization from Apnée.

10.3

The promotional codes published by Apnée can only be used on the website www.apneeswimwear.com

10.4

You can only use one promotional code per product.

10.5

Promotional codes cannot be combined with other promotions.

10.6

Promotional codes are not redeemable for cash.

10.7

Promotional codes are non-refundable.

10.8

Apnée reserves the right to cancel a promotional code when it is not used in accordance with the above.

Article 11. Availability

If, despite the care we take in managing our stocks, an order has been validated even though the product(s) ordered is or are not available in stock, Apnée reserves the right to offer you other products in replacement or cancel the order.

If you cancel your order, you will have the choice between a refund and a credit.

Article 12. Validity of offers

Our offers are valid for the entire period they are visible on our website or between the dates indicated if it is a fixed-term commercial operation.

In the event of a manifest error in the offer, Apnée is not bound by its offer and will give you the option of canceling your order or confirming it under the actual conditions of the offer.

Article 13. Liability

Apnée is liable only in the event of violation of its contractual obligations under the terms of current legislation.

Apnée cannot be held liable for any damage suffered by a third party resulting from the use of one of our products.

Apnée cannot be held liable for any damage resulting from your misuse of one of our products.

Apnée is not responsible for any damage resulting from incorrect information on its websites.

Article 14. User Generated Content

Any content added to the site www.apneeswimwear.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of Apnée.

Apnée reserves the right to use it, to publish or not the content added by users and in any manner whatsoever.

Article 15. Current law

These general conditions, as well as any disputes which may result from them, or which result from the use of the website(s) or purchases made on the Apnée websites, are governed by French law.

Article 16. Links to other sites

Apnée is not responsible for the use or content of the websites to which it provides links.

Apnée is not responsible for the use or content of websites which provide a link to the Apnée site.

Article 17. Intellectual property rights

Apnée is the owner of the brand names, names, names, product titles, designs, models, photographs mentioned on the site www.apneeswimwear.com which are either registered trademarks or trademarks, or designs, models, works subject to an intellectual property right.