ARTICLE 1 – DESIGNATION OF THE SELLER
This website (hereinafter referred to as the "Site") is published by Coastal Waves Ltd., registered in Mauritius, whose registered office is located in Gradn Bay, Mauritius (hereinafter referred to as "CW"). CW offers through its website the online sale of products under the terms and conditions of these General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs").
ARTICLE 2 – GENERAL PROVISIONS
2.1 Purpose of the T&Cs
The T&Cs are applicable exclusively to the online sale of Coastal Waves Ltd products on the Site, access to which is free and open to any Internet user.
2.2 Scope of application of the T&Cs
The T&Cs exclusively govern contracts for the online sale of products sold by CW to buyers (hereinafter referred to as the "Consumer(s)") and, together with the online order, constitute the contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, catalogues or photographs of the products which are only indicative.
The T&Cs are exclusively applicable to Consumers established on the territory of Mauritius, excluding Rodrigues and the other islands within the territory of the Republic of Mauritius.
The T&Cs are drafted as well as all the contractual information mentioned on the Website in French and English.
2.3 Availability and enforceability of the T&Cs
The T&Cs are made available to Consumers on the Site where they can be directly consulted and may also be communicated on request by e-mail.
The T&Cs are directly enforceable against the Consumer who acknowledges, by ticking the "I accept" box provided for this purpose on the confirmation page of an order, that he or she has been aware of them and has accepted them without reservation. Acceptance of the T&Cs binds the Consumer to the T&Cs in force on the day the order is placed and confirmed on the Site.
2.4 Modification of the T&Cs
CW reserves the right to modify its T&Cs at any time and without giving any reason.
In the event of a change to the T&Cs, the applicable T&Cs are those in force on the date the order was placed and confirmed by the Consumer on the Site.
2.5 Clauses of the T&Cs
The nullity of one of the clauses of the T&Cs does not in any way entail the nullity of the T&Cs in its entirety.
The temporary or permanent non-application of one of the clauses of the T&Cs by Coastal Waves Ltd shall not constitute a waiver on its part of this unapplied clause, which continues to produce all its effects.
ARTICLE 3 – PRODUCTS
3.1 Features
The products offered for sale online and presented in the catalogue published on the Website are each the subject of a description mentioning their essential characteristics.
The photographs illustrating the products are given for illustrative purposes only and are in no way of a contractual nature.
With the exception of the essential characteristics specific to a product, any discrepancy between the description or photograph of a product on the Site and the reality of the product delivered to the Consumer cannot be the subject of a claim or reimbursement to CW
3.2 Compliance
The products comply with the requirements of Mauritian law in force at the time of their placing on the market.
3.3 Stock availability
Products are sold and delivered while stocks last.
In the event of unavailability of the product ordered, CW shall inform the Consumer as soon as possible in order to refund the sums already paid by the Consumer.
Apart from the reimbursement of the price provided for in the event of the unavailability of a product, Coastal Waves Ltd is not liable for any compensation of any kind whatsoever towards the Consumer.
ARTICLE 4 – PRICES
4.1 Sale price
The selling prices are indicated, for each of the products appearing in the electronic catalogue, in Mauritian Rupees (MUR) all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day the order is placed and confirmed by the Consumer on the Site.
In the event of a promotion expressly indicated on the Site, CW undertakes to apply the promotional price to any order placed and confirmed by the Consumer during the promotional period.
The promotions indicated on the site cannot be requested in stores and in physical points of sale.
4.2 Price changes
CW reserves the right to unilaterally and discretionarily modify its prices at any time, while guaranteeing the Consumer the application of the price in force on the day the order is placed and confirmed by the Consumer on the Site.
4.3 Fees
Except in cases where it is expressly provided on the Site that delivery will be free, all additional costs incurred by CW and related to the delivery of a product ordered on the Site will be the sole responsibility of the Consumer.
ARTICLE 5 – OFFER
5.1 Territoriality
The online sales offers presented on the Site as well as the delivery of products purchased on the Site are strictly reserved for Consumers physically present in Mauritius at the time of the order, excluding Rodrigues and the other islands under the territory of the Republic of Mauritius.
5.2 Duration
The online sales offers presented on the Site are valid, in the absence of a specific duration, as long as the products appear in the electronic catalog and within the limit of available stocks.
5.3 Acceptance of the offer and Confirmation of the order
Any sale on the Site will be irrefutably presumed to have been accepted and concluded according to the double click process made by the Consumer on the "Confirm order" button.
ARTICLE 6 – ORDER
6.1 Steps in Entering into the Contract
To place an order, the Consumer, after filling their virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information required for delivery.
The Consumer must indicate:
- the delivery method, by selecting "Click and collect" or home delivery;
- the method of payment.
Before clicking on the "Confirm Order" button, the Consumer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or possibly modify their order.
For the proper execution of the delivery, the Consumer must carefully fill in the desired delivery address at the time of ordering and indicate a telephone number where he can be reached.
6.2 Order Modification
Any modification of an order that has already been confirmed by the Consumer is subject to the express written consent of CW. CW may refuse at its discretion and without justification any request to modify an order that has already been confirmed by the Consumer.
6.3 Order validation
All orders are validated by CW following the sending of an email acknowledging receipt of the order placed by the Consumer. Each order validation by Coastal Waves Ltd contains a receipt of the transaction with a unique identification number. The Consumer's bank account number will not appear on the transaction receipt.
ARTICLE 7 – CONTRACT
7.1 Conclusion
The sales contract is formed following the Consumer's confirmation by clicking on the "Confirm Order" button.
7.2 Archiving and Evidence
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. Such communications, purchase orders and invoices may be produced as proof of the contract.
ARTICLE 8 – PAYMENT
8.1 Chargeability
Any payment of price is due and payable in full as soon as the order is confirmed by the Consumer.
Payment is made immediately at the time of the order by credit card (MasterCard or VISA card, if available), bank transfer on the internet or bank transfer.
8.2 Payment security
The Site is equipped with a system for securing online payments (if available) allowing the Consumer to encrypt the transmission of his bank data. The data is processed securely by the Mips Payment Gateway. Credit card data is not stored by a third party at any time. Data transmission is done via the TLS protocol.
ARTICLE 9 – DELIVERY
9.1 Definition
Delivery means the transfer to the Consumer of physical possession or control over the purchased product.
9.2 Delivery time
CW undertakes, subject to another delivery time expressly indicated by CW on the Site, to use its best efforts to deliver the products ordered within a period of:
(i) one (1) to three (3) business days after receipt of payment for such products by CW for home delivery;
9.3 Delay in delivery
Except in cases of force majeure, natural disasters, pandemics or during periods of closure of the Site, which will be clearly indicated on the Site's home page, when the product ordered is not delivered on the date or at the end of the period mentioned on the order form, the Consumer may, unless unavailability or impossibility due to the Consumer, after having unsuccessfully ordered CW to perform its obligation to deliver within a maximum period of thirty days following the conclusion of the contract, terminate the contract by registered letter with acknowledgement of receipt. In the event of cancellation of the sale by the Consumer, CW undertakes to reimburse the price already paid by the Consumer as soon as possible.
9.4 Place of delivery
The products are delivered to the address indicated by the Consumer on the order form.
9.5 Delivery Terms
The Consumer has the option of choosing their delivery method, i.e. in-store delivery by selecting "Click and collect" or home delivery.
9.5.1 Home Delivery
Home delivery will be carried out by a service provider chosen by CW who will contact the Consumer directly in order to agree on the day and time of delivery.
Delivery is made by the direct delivery of the product to the Consumer on the ground floor of the address indicated by the Consumer or, failing that, by the sending by CW of a notice of availability or notice of passage to the Consumer.
Within fifteen (15) days of the notice of availability or notice of delivery, the Consumer must collect the product ordered.
In the absence of withdrawal within the period indicated, CW may, after a written notification to the Consumer, which has remained ineffective for a period of fifteen (15) days, cancel the order and retain as compensation and/or immobilization the price already paid by the Consumer.
When the product is delivered to the address indicated on the order form by a carrier, it is the responsibility of the Consumer to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or defect to the product, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify CW
This verification of the condition of a product is considered to have been duly carried out once the Consumer, or a third party representing the Consumer, has signed the delivery note. The Consumer or his representative must present the carrier with an identity document.
9.5.2 "CW" in-store delivery – "in-store pickup"
The Consumer may have the product, ordered and purchased on the Site, delivered to the CW points of sale in Calodyne. The contact details of the selected store will be displayed so that the Consumer can make an informed choice.
As soon as the Consumer's order is available, the Consumer receives an email to the email address that the Consumer indicated when placing the order in order to collect his order during the store's opening hours. The Consumer's order is available at the store for a period of five (5) days following the sending of the confirmation of the order's availability. If the order cannot be collected within this period, an administrative fee of five (5) % of the total amount of the order may be applied by CW.
In order to collect their order, the Consumer must go to the CW point of sale, with an identity document and the validation of their order and/or invoice. In the event of a withdrawal by a third party, the latter must present: an identity document of the Consumer, his or her own identity document, the confirmation of validation and/or the invoice as well as a power of attorney/mandate from the Consumer authorising the third party to come and collect the product(s).
9.6 Unavailability of Products
In the event that the products are unavailable for delivery, CW will refund the sums paid as soon as possible, under the conditions set out in Article 3.3 of the T&Cs.
9.7 Delivery and Transfer of Risk
The total transfer of risk to the Consumer, including loss or damage to the products during transport, is made as soon as the collection note or delivery note is signed by the Consumer or his representative.
9.8 Non-return
The exchange or refund of a product purchased on the site and delivered without reservation under the conditions of article 9.5.1 is not possible.
Except in the case of latent defects as provided for by the Mauritian Civil Code:
- any product delivered to the Consumer's home will be considered to have been delivered in accordance with the product and in perfect condition as soon as the Consumer or his representative has signed the delivery note without making any reservations;
- any product collected from one of the CW points of sale will be considered compliant and in perfect condition as soon as the Consumer or his representative has signed the withdrawal form without making any reservations;
- A period of 48 hours is granted after the signing of the DE for wings and bulky equipment requiring a more thorough inspection
In the event of damage or defect to the product, and reservations on the delivery note or on the transport receipt as provided for in article 9.5.1, the refund of a product will only be made by means of a voucher of the same value which can be used on the CW website or shop
ARTICLE 10 – FORCE MAJEURE
Force majeure shall be considered as any irresistible facts or circumstances beyond the control of the parties, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts. In addition to those usually retained by the case law of the Mauritian courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, cyclones, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the parties, pandemics.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.
All cases of force majeure will be considered as grounds for exoneration justifying the non-performance and/or suspension of the obligations of the party suffering from the force majeure event.
ARTICLE 11 – LIABILITY
11.1 Disclaimer
CW may only be held liable in the event of gross negligence, intentional or fraudulent on the part of CW towards the Consumer.
CW may not be held liable (directly or indirectly) under any circumstances when the non-performance or failure to perform these T&Cs is either due to the Consumer, or to a third party to these T&Cs or to a case of force majeure as defined in clause 12 above.
11.2 Product Safety Defect
In the event of damage caused by a product safety defect, the Consumer must either invoke the product warranty if one exists, or seek the manufacturer's liability identifiable from the information mentioned on the product packaging.
ARTICLE 12 – INTELLECTUAL
PROPERTY
All elements reproduced on the Site, including photographs, visuals, texts, logos, slogans, drawings and images, are the exclusive property of CW and are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements, without the prior written permission of CW, exposes the infringers to legal proceedings.
The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner.
ARTICLE 12 – INTELLECTUAL
PROPERTY
All elements reproduced on the Site, including photographs, visuals, texts, logos, slogans, drawings and images, are the exclusive property of CW and are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements, without the prior written permission of CW, exposes the infringers to legal proceedings.
The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner.
ARTICLE 13 – PROTECTION OF
PERSONAL DATA
By accepting these T&Cs, the Consumer expressly accepts the Personal Data Policy which is an integral part of these T&Cs.
ARTICLE 14 – MEDIATION
In the event of a dispute, you must first contact the company's customer service by e-mail at contact(a) oceanride-mu.com
ARTICLE 15 – TRIBUNAL COMPETENT
In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or termination of these T&Cs as well as all documents related to the T&Cs shall be under the exclusive jurisdiction of the courts of Mauritius.
ARTICLE 16 – APPLICABLE LAW
These T&Cs are exclusively subject to Mauritian law.