TERMS OF SALES

Article 1. Fields of application

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

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

Article 2. Ordering and purchasing on our website

2.1 Eligibility to Order and Purchase

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

2.2 How to order

Nothing could be simpler!

1. Visit our e-shop 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 over the shopping cart and check its contents. Confirm by clicking on the "Order" button.

4. If you already have an account in our e-shop, log in using your email address and password in the "Already registered?" section.

5. If you don't yet have an account in our e-shop, you can create one quickly and easily. Enter your email address in the "Create your account" section and click the "Create your account" button. Fill in the detailed fields, create your password, and confirm the creation of your account by clicking the "Register" button. An email will then be automatically sent to you, reminding you of the information necessary for your next login (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 ordering process and proceed to payment.

Once payment is complete, you will receive an email confirming your order and payment. Apnée recommends keeping this email for future reference.

2.3 Refusal of an order or cancellation of a purchase.

Apnée reserves the right to refuse an order for just cause.

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

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

Justifiable 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 geographical 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 bank 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 date of purchase
• Third and final payment: 2 months from the date of purchase

You will be informed a few days in advance (by text message or email) of the payment deadline.

3.2 Retention 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 chosen delivery method and the delivery location. Shipping costs must be added to the product prices to calculate the total amount to be paid.

For international deliveries, customs fees and other taxes are not included in the price displayed on the site. These fees 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 is the sum of the price of each product in the basket plus shipping costs. It is shown to you during the last step of the payment process.

3.5 Price Changes

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

3.6 Pricing errors

In the event of a manifest error in the price of a product, Apnée is not bound by its offer and will give you the option of cancelling 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 SSL (Secure Socket Layer) to secure transactions. This is currently one of the most effective encryption protocols. Your banking information is encrypted throughout the payment process and is not stored on a public server.

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

Article 5. Shipping and Delivery

5.1 Delivery

We deliver products worldwide.

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

In the event that the delivery address you have provided to us turns out to be inaccurate or if the delivery service is unable to deliver your package to you for reasons attributable to you, the cost of reshipping the package returned to us will be at your expense.

5.2 Delivery method and times

Apnée offers two types of delivery. Delivery times start from the date Apnée receives full payment:

• Standard Delivery (from 48 hours on working days in France): This 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): This 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 is 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 strives to deliver all the products in your order in one go 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 due to the availability of products in stock, a one-time delivery is not possible. In such a case, you will be informed by email and no additional shipping costs will be charged.

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 free shipping for all orders in mainland France (non-express) as well as for all international orders with a total amount exceeding €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 under normal use.

Upon receipt of the returned products and after inspection, we will proceed to 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 that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been 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 latter presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public statements 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 between 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 The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Civil Code - article 1641

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. Civil Code - article 1648.

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."

7.2 Returning products after delivery without giving 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, postmark as proof.

The exercise of the right of withdrawal is materialized by the return of the products and is dated from the day of dispatch of the returned products, postmark being proof.

Upon receipt of the products, we will refund the price of the products excluding shipping costs within a maximum of 14 days or we will offer you a credit note 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. If the products are stained, damaged or the hygiene protection label is missing, we will not be able to take them back.

4. The product is not complete (waterproof pouch missing from the return package)

5. The products have been modified or denatured

Article 8. Reimbursement Information

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

Article 9. Pre-Orders

Pre-ordering allows you to reserve a product before it's released by Apnée and be among the first to enjoy a new Apnée product. Pre-ordering is available on Apnée for a selection of products.

Article 10. Promotional codes (discounts)

10.1

A promotional code gives you the right 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 may not 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 the prior, express, written authorization of Apnée.

10.3

Promotional codes issued 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 while the product(s) ordered is not or are not available in stock, Apnée reserves the right to offer you other replacement products or to cancel the order.

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

Article 12. Validity of offers

Our offers are valid for the entire duration 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 only liable in the event of a breach of its contractual obligations under the terms of applicable 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 the misuse you make of one of our products.

Apnée is not responsible for any damages resulting from erroneous 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 way whatsoever.

Article 15. Law in force

These general conditions, as well as any disputes that may arise from them, or that 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 that provide a link to the Apnée site.

Article 17. Intellectual Property Rights

Apnée is the owner of the brand names, names, denominations, 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 intellectual property rights.