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It is declared that the present terms and conditions of sale govern the sales carried out on this website by Ocean and Earth Ltd, publisher of the website www.manoa-oceanwear.com (hereby known as The Website).
ARTICLE 1: ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
The client declares to have acknowledged and accepted the terms and conditions of sale when placing his order. The validation of your order is worth acceptance of these terms and conditions of sale.
Unless specifically requested otherwise, data recorded by Manoa Oceanwear constitute the proof of all transactions between Manoa Oceanwear and the client.
ARTICLE 2: ORDERS
“The client must specify on the sale order all particular circumstances relating to the delivery address which may complicate the delivery of the ordered product.”
The client is solely responsible for filling out his sale order online, detailing the references of the products he chooses and their quantity. The client shall also specify his name and the delivery address. The client must specify on the sale order all particular circumstances relating to the delivery address which may complicate the delivery of the ordered product.
In the case where delivery of the product at the specified date is impossible, due to particular circumstances non-specified by the client upon ordering the product, Manoa Oceanwear reserves the right to postpone or cancel the order. All the charges linked to postponement or cancellation of the order shall be exclusively borne by the client. In the case of a typing or an input error, Manoa Oceanwear will not be made responsible for the consequences that may follow, such as delivery lateness, impossibility of delivery and/or withdrawal/cancellation of the order. The costs linked to the re-delivery of the product due to a typing or input error(s) are borne by the client. The client will be able to verify the details of his order(s) and the total price before confirmation and dispatch. The client has the possibility of modifying or cancelling his order before confirming it to Manoa Oceanwear, who will acknowledge the reception of the confirmation order by sending the client an email. The order is only confirmed after the first debit on the customer’s bank account, in the case of payment by card on The Website or bank transfer. Manoa Oceanwear reserves the right to refuse an order if the client is involved in a pending settlement dispute, or if the client has not settled an ongoing order.
ARTICLE 3: AVAILABILITY
The offers of products and prices are valid as long as they are visible on The Website and as far as items are in stock. In case an item is no longer available after the order has been placed, the client shall be informed by the email or telephone details he has given on the order form. Manoa Oceanwear will be able to suggest to the client a similar product at the same price. If the client refuses the substitute product, he can then cancel his order. The client will be reimbursed within thirty (30) days maximum, starting from the day he refuses the substitute product offered as an alternative.
ARTICLE 4: PRICE
The price of our products are indicated on The Website in Mauritian Rupees. Manoa Oceanwear reserves the right to modify its prices at any time, but the product will be billed to the client on the basis of the rate in force at the time of his confirmation of purchase. The product remains the property of Manoa Oceanwear until the billing of the whole amount by Manoa Oceanwear.
ARTICLE 5 – CHECKING OF ORDER UPON DELIVERY
“The client is informed that the absence of written reservations on the delivery slip presumes that the product was conformingly delivered.”
The client must carefully verify his product upon delivery for signs of any apparent damage. In case of apparent damage (for example, damaged packaging, the package has been opened, missing items and/or package), the client must refuse the product or accept it with reservations. The client is informed that reservations must be made immediately to the person and/or delivery service transporting the product, with reserves/complaints being written exactly on the delivery order slip. General notations, such as “subject to unpacking, packaging in good condition” have no value. The reserves or complaints must be precise, and describe the product’s damage(s). If the delivery service refuses to assist in unpacking the product, it must be specified on the delivery order slip that “the delivery person/service refused to witness the unpacking of the product.” The client is informed that the absence of written reservations on the delivery slip presumes that the product was conformingly delivered. The client will then have to confirm the refusal of the package or his reservations by latest three (3) working days after the delivery, by postal letter to Manoa Oceanwear at the following address: Service Clients, Manoa Oceanwear, 464 Tagore Lane, Mesnil, Mauritius.
ARTICLE 6: PAYMENT
Payment of an order on The Website can be effected either by:
Bank Transfer :
You can pay by bank transfer on the following account :
NAME: Ocean and Earth LTD
QG Building - 2nd Floor
Old Post Office Road
Industrial Zone - Saint Pierre
BANK ACCOUNT NUMBER : 000445561351 (Mauritian Rupees)
Payment of on order in one of our stockists or retail outlets can be done by:
Credit Card: Carte Bleue, Visa and Mastercard are accepted.
ARTICLE 7 – RIGHT OF CANCELLATION
“Products in bad condition will not be collected or taken back.”
In accordance with the legal provisions in force, the client is able to exercise his right of cancellation to Manoa Oceanwear once his order has been confirmed by Manoa Oceanwear and until fourteen clear days after delivery of the product or its removal from the shops, without justificatory reasons, nor payment of any penalty.
In case the client chooses to exercise his right of cancellation in the time period specified, only the price of the product(s) purchased and the delivery charges shall be reimbursed to the client. The costs of return shall be borne by the client. The client is informed that he will have to bear the return costs when, after the client has confirmed his order to Manoa Oceanwear, the product has left the logistical platform of Manoa Oceanwear. The client must inform Manoa Oceanwear by email or telephone his decision to exercise his right to cancellation. Manoa Oceanwear shall inform the client by mail or telephone of the shipping and return delivery procedures or of the collection of the product. The client will be informed in advance of the cost of returns. This cost will be deducted from the amount reimbursed to the customer, under its right of cancellation. The client is in his rights to ask Manoa Oceanwear for all justificatory reasons concerning the cost of this collection. The product must be returned or collected by Manoa Oceanwear in its original state and complete (packing, accessories, forms and documents…) which permit the product’s remarketing in new condition. The returned package must be accompanied by a copy of the purchase invoice. Products in bad condition will not be collected or taken back.
ARTICLE 8: INTELLECTUAL PROPERTY
All the texts, comments, works, illustrations and images reproduced or represented on The Website are strictly reserved to the bond of copyrights and intellectual property of Manoa Oceanwear, applicable worldwide. All reproduction or representation, whether partial or full, of The Website or elements that form part of The Website is expressly forbidden.
ARTICLE 9: PASSWORDS AND SECURITY
Manoa Oceanwear will communicate to the client a password in order to access his client account. This password is personal and confidential. The client bears the sole responsibility of its use and of the confidentiality of this password. Manoa Oceanwear does not accept any responsibility in case of fraudulent use of this password.
ARTICLE 11: RESPONSIBILITY
The products offered are compliant with Mauritian legislation in force and to norms applicable in Mauritius.
Manoa Oceanwear will not be held responsible if it cannot fulfill its contractual obligations in the case of force majeure. By express agreement the following are considered cases of force majeure: strikes occurring within Manoa Oceanwear and/or its sub-contractors and/or service providers (such as delivery service companies), theft, fire, and natural disasters.
ARTICLE 13 – APPLICABLE LAW
This contract is subjected to Mauritian Law. In case of dispute with professionals and/or traders, the Mauritian courts (Mauritius) shall have exclusive jurisdiction, including preliminary proceedings, notwithstanding plurality of defendants or call in guarantee.