1. Object

These conditions govern sales by:
SAS BARBACITY
16 Requier Avenue
Cytises, building B4
06500 MENTON
Siret: 83040556900013
RCS Nice

These general conditions of sale aim to:
• Notify the buyer of the terms and conditions of sale and delivery of products posted online on the website www.barbasun.fr,
• Contract the rights and obligations of each party following a purchase on the website
By validating his order, the buyer accepts and adheres without any reservation to these conditions of sale.
SAS BARBACITY reserves the right to review and modify these conditions. However, the version of the general conditions of sale applicable when placing an order is the version online at the date and time when the buyer confirms the order.

BARBADIVING is a registered trademark, property of SAS BARBACITY and BARBAGALLO JULIEN.

 

2. Price
   The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. They will be indicated before the recording of the order by the Buyer.

   In the case of an order to a country other than mainland France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of SAS BARBACITY. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to find out about these aspects from your local authorities.

   All orders regardless of their origin are payable in euros.

   SAS BARBACITY reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time of validation of the order and subject to availability.

   The products remain the property of SAS BARBACITY until full payment of the price.
   Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

 

3. Products and features
   In accordance with article L 111-1 of the Consumer Code, the Purchaser may, before placing an order, take note of the essential characteristics of the product (s) on the site www.barbasun.fr or www.barbadiving.com he wants to order.
   The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller.
   In the event that a supplier modifies a product, the graphic representation of this product cannot engage the seller's responsibility or even affect the validity of the sale.

 

4. Orders
   Any order implies acceptance without restriction or reservation to these general conditions of sale.
   The Purchaser can order:
   • On the website barbadiving.com or www.barbasun.fr. Only people with the legal capacity to contract are authorized to validate an order.

   The buyer, wishing to acquire a product or service via the website for the first time, must register as a client of the site. He must therefore agree to transmit this information:
   • First and last names
   • Date of Birth
   • Address
   • Electronic address (email)
   • Telephone number

   The Buyer's order must be confirmed by BARBADIVING, by email.
   The sale will only be considered final after the confirmation of the order has been sent to the Buyer by barbadiving and collection by the latter of the full price.

   The Purchaser is advised to keep this information on a paper or computer document.

   The order confirmation will be worth signature and acceptance of the operations carried out.

 

5. Payment
   Payment must be made when ordering by the Buyer. At no time can the sums paid be considered as a deposit or down payment.

   Collection of the full amount of the order will be made by barbadiving at the time of validation of the order or in case of payment by check upon receipt thereof. In case of split deliveries, only the products shipped are debited.

   All orders are payable in euros.

   To settle his order, the Buyer has the following means of payment:
   • Secure payment with or without a PAYPAL account
   • By bank check (sent with a photocopy of an identity document)

   The seller reserves the right to cancel or suspend any order in the event of non-payment of part or all of the sums due to the seller.

   Payment due date: upon receipt.
   The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.
   Barbadiving reserves the right to request a photocopy of the Buyer's identity card for any payment by bank card.

   Our conditions of sale do not provide for a discount for early payment.

   As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.

   6. Withdrawal
   In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty (excluding return costs).

   The Purchaser must imperatively keep barbadiving informed, using the website www.barbasun.fr, and the return can only be made after agreement of the latter and allocation of a return number to be imperatively registered on the packaging.

   Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. If the product includes a warranty sheet or any other document to be completed, it should not be completed so that the buyer can exercise his right of withdrawal.
   Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

   Return costs are your responsibility.

   If the right of withdrawal is exercised, BARBADIVING will reimburse the sums paid (excluding return costs), within 14 days of notification of your request
   The exercise of the right of withdrawal will give rise to the choice of the buyer:
   • either a cash refund by re-crediting the bank card entered during the initial order or, if this is not possible, by check letter.
   • or the allocation of a voucher to be used on barbasun.fr
   In the event of an exchange with another product, the new transport costs will be due to barbadiving.

 

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:

• The provision of services fully executed before the end of the withdrawal period and whose execution started after the express prior agreement of the consumer and express waiver of his right of withdrawal.

• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.

• The supply of goods made up to the consumer's specifications or clearly personalized.

• The supply of goods liable to deteriorate or expire quickly.

• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

• The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles

• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.

• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency.

• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.

• The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.

• Transactions concluded during a public auction.

• Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period.

• The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
7. Availability
The products offered on the website are generally in stock and will be dispatched within 48 hours.
In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.

In case of partial availability of items, barbadiving may make a split delivery. The products in stock will be sent first. The balance will either be delivered later, or replaced by other equipment (in agreement with the Buyer), or refunded.
In all cases, barbadiving will inform the Buyer as soon as possible.
8. Delivery & transfer of ownership
8.1. Transfer of ownership
The products remain the property of BARBADIVING until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you (article L 138-4 of the Consumer Code).
8.2. General
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the validation page of the order.
In the event of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.

8.3. Deadlines
Order processing times are generally less than 72 hours.

 

 

Average delivery times:
• COLISSIMO: 48/72 hours
• Chronopost: 24/48 hours
• Mondial relay: 4/5 days in relay point
These deadlines are provided for information only.
In the event of deliveries by a transporter, BARBADIVING cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals, or to the delay caused by the transporter himself.

In accordance with legal provisions, in the event of a delivery delay greater than 30 days, you have the possibility of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code.

8.4. Reception
The goods travel at the risk of the Buyer. However, shipping costs include merchandise insurance against theft, damage and loss (the maximum amount of insurance reimbursement varies depending on the carrier).
Consequently and in all cases, before accepting your delivery, please check the condition of your packages.
In the event of an anomaly, refuse the package and indicate on the delivery slip the reasons for the refusal by listing the problems noted, otherwise, no claim will be possible.

Do not let the delivery man dictate your conduct or the elements to be entered on the delivery slip.
Limit yourself to indicating the damage observed, avoiding the information that the deliveryman can indicate to you as "intact packaging" or any other mention which may exclude their liability.
Finally, the reservation "subject to unpacking" is not valid and cannot be taken into account.
9. Guarantee & After-sales service
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.

Complaints must be sent by letter (address present in the subject of these conditions) or by email (contact@barbasun.fr) and must include:
• Buyer's contact details
• product references
• the reasons for the complaint

The return of products must be made within seven working days from the allocation of a return number by barbadiving customer service.

The products must be returned to us in the condition in which you received them with all of the elements (accessories, packaging, instructions ...).

The shipping costs will be reimbursed to you on the basis of the invoiced rate, the return costs will be reimbursed upon presentation of supporting documents.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
10. Liability
The products offered comply with current French legislation.

The responsibility of the company BARBADIVING cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.

BARBADIVING cannot be held responsible for damage resulting from improper use of the product purchased.

Barbadiving 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.

Finally, the responsibility of the company BARBADIVING cannot be engaged for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
11. Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

12. Intellectual property
BARBADIVING is a registered trademark.
All elements of the site www.barbadiving.com or www.barbasun.fr, of the facebook page www.facebook.com/barbadiving are and remain the intellectual and exclusive property of the company BARBADIVING.
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio.
Any simple link or hypertext is strictly prohibited without the express written agreement of the company BARBADIVING.

 

 

13. Personal data
    BARBADIVING reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send to you.

    They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

    This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

    In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.

    14. Evidence Archiving
    BARBADIVING will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
    The computerized registers of the company BARBADIVING will be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.