General terms and conditions of sale

Applicable from 13/09/2022

Clause n° 1 : Purpose and scope of application

The present general terms and conditions of sale (GTC) constitute the basis of the commercial negotiation and are systematically sent or given to each buyer to enable him to place an order. The following documents are also applicable to the taking of an order: "Deliveries and Returns", "Legal Notice and Data Policies", "Terms of Payment".

The general conditions of sale described below detail the rights and obligations of the SmartDPV association and its customer in the context of the sale of the following goods: distributed on the website relating to the improvement of underwater scooters.

The photographs of the products are informative, we invite the purchasers to read carefully the description and the contents specified on the product sheets. In case of elements present in a photo, but excluded from the description of the products delivered, is not due in the order.

Delivery times and stock levels are indicated on the product sheet and on the order. SmartDPV cannot be held responsible for a delivery time superior to the delivery condition on a product out of stock.

These general conditions of sale prevail over any other general or particular conditions not expressly approved by SmartDPV.

These general conditions of sale can be modified at any time by SmartDPV, from then on, the applicable conditions will be those in force at the date of the order by the buyer.

Any acceptance of the quote / order form including the clause "I acknowledge having read and accepted the general conditions of sale attached" implies the unconditional acceptance of the buyer to these general conditions of sale.

Clause n° 2 : Prices

The prices of the sold goods are those in force at the day of the order taking. They are denominated in Euros. SmartDPV being an association, VAT is not applicable and the prices indicated are net of taxes. They will be increased by the transport costs applicable on the day of the order.

All transport and import taxes, delivery and customs fees are to be paid by the buyer.

The SmartDPV association grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Clause n° 3 : Order

The order requires :

  • a registration on the site,
  • consent to the collection of personal data
  • the validation of the order,
  • payment in accordance with the conditions provided

In case of refusal of the buyer to one of its obligations, the order is not admissible and will be refused.

All orders will be confirmed by e-mail, as well as the process of processing the order to keep the buyer informed.

Clause n° 4 : Discounts and rebates

The proposed prices include the discounts and rebates that SmartDPV would have to grant given its results or the assumption of responsibility by the buyer of certain services.

Clause n° 5 : Discount

No discount will be granted in case of early payment.

Clause n° 6 : Terms of payment

The payment of orders is made by bank transfer.

Payments are due before any shipment of goods.

Clause n° 7 : Late payment

In case of total or partial non-payment of the goods delivered on the due date, the buyer must pay SmartDPV a late payment penalty equal to three times the legal interest rate.

The legal interest rate used is the one in force on the day of delivery of the goods.

As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).

This penalty is calculated on the total amount of the outstanding sum, and runs from the due date of the price without the need for any prior formal notice.

In addition to the late payment penalties, any sum, including the deposit, not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

Articles 441-10 and D. 441-5 of the Commercial Code.

Clause n° 8 : Resolutive clause

If within fifteen days following the implementation of the clause "Late payment", the buyer has not paid the outstanding amounts, the sale will be automatically resolved and may give rise to the right to damages to the benefit of the association SmartDPV.

Clause n° 9 : Retention of title clause

The SmartDPV association retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is subject to a receivership or liquidation, SmartDPV reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.

Clause n° 10 : Shipping

The modalities of delivery and shipping are described in the dedicated article "Delivery and returns".

Delivery is made by Colissimo (National and International)

The delivery time indicated during the registration of the order is given only as an indication and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products will not give place to the profit of the purchaser to :

  • the allocation of damages and interests;
  • the cancellation of the order.
  • The transport risk is borne in full by the buyer.

In the event of missing or damaged goods during transport, the buyer must formulate all necessary reserves on the order form upon receipt of the said goods. These reserves will have to be, moreover, confirmed in writing in the five days following the delivery, by opening a dispute to or by registered letter with acknowledgement of receipt to the address of the association.

In case of delay of more than 20 days of delivery of the order to date of payment, the purchaser has the possibility of carrying out its right of retractation and cancellation of order. All the sums paid for the order will be returned.

This cancellation is not a liability of the association SmartDPV and can not give right to penalties for damages.

Clause n° 11 : Return and / or retraction

The modalities of return and/or retraction are described in the document "Delivery and return".

You have a period of 14 days to make an opinion on the products or to exercise your right of withdrawal.

The products have a legal guarantee of 12 months.

To do this, please contact us as described in the process "Delivery and return".

The return process must imperatively be done, after validation of SmartDPV, no refund or exchange will be made in case of deterioration of the material related to an incorrect use (installation and use manual), in case of partial return or in case of package or shipment made in invalid conditions.

The return costs in case of withdrawal remain at the expense of the buyer.

Clause n° 12 : Force majeure

The responsibility of the SmartDPV association cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Clause n° 13 : Responsibility

SmartDPV has a commitment of means and its responsibility cannot be engaged on the result.

SmartDPV's responsibility cannot be engaged on a misuse of the products, a malfunction of the equipment, an inadequate training of the user, for commercial or professional purposes.

As a reminder, the use of diving equipment is subject to validation of skills by accredited organizations and cannot be based on a self-declaration by the user. The user acknowledges having the qualifications and training required for the use and verification of products sold by the association.

We invite you to test your equipment upon receipt to exclude any damage during transport. These tests must be performed by a trained and qualified user, making sure to do everything possible to protect property and people.

In no case an accidental diver can engage the responsibility or turn against the association SmartDPV.

Clause n°14 : Guarantee

SmartDPV cannot be held responsible for the non-respect of the regulatory and legislative provisions in force in the country of reception, the responsibility is systematically limited to the value of the product in question at the date of the sale.

The buyer benefits from the legal guarantee and hidden defects (art 1625 of the civil code). To do so, he must provide proof of the hidden defect. Insofar as the material is experimental, and that it is acquired in a state of knowledge of the experimentation, the association SmartDPV cannot be responsible for the direct or indirect consequences of the dysfunction.

The customer service can be reached by email at

Are excluded from the guarantee:

  • Defects in installation, maintenance and use (connection, drowning, breakage, damage, etc.)
  • Damage due to transport, weather or external events.
  • Defects and deteriorations resulting from an error of handling or commercial or professional uses.
  • Moving parts whose operation causes wear and tear.
  • Free or offered products
  • Products modified by the buyer

Clause n° 15 : Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Nantes.

Done in Nantes, on the 13/10/2022, agreed at the time of the validation of the order by the buyer.