Between the Company M3S-SAS (Multi Safety Support System), Le Diamant, ZA LES FERRAGES, 1 chemin de TOULON, 83170, TOURVES, FRANCE, with a share capital of €144,767.48, registered in the Trade and Companies Register of DRAGUINAN under number 539 237 727, SIRET 53923772700026, represented by Mr. Bertrand HEMARD, as Chairman and Mr. Alexandre FOX, as Managing Director, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter, the “Seller” or the “Company”.

On the one hand, and the natural or legal person proceeding to the purchase of products or services of the company, hereinafter, "the Buyer", or "the Customer" on the other hand, it has been exposed and agreed what follows :

Article 1: Purpose and general provisions

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of products offered by the Seller.

These General Terms and Conditions of Sale (GTC) apply to all sales of products made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the company's website at the following address: www.ccrtriton.com/conditions-generales-de-ventes-m3s. The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the special conditions of sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.

Article 2: Price

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer, and where applicable, the delivery costs.

Article 2.1: Price - example of an unlawful clause

The company reserves the right to change the prices at any time of the products purchased on subscriptions by the consumer.

Article 3: Conclusion of the online contract

The Customer must follow a series of steps specific to each product offered by the Seller in order to complete his order. However, the steps described below are systematic: Information on the essential characteristics of the product; Choice of the product, if necessary of its options and indication of the Customer's essential data (identification, address, etc.); Acceptance of these General Conditions of Sale; Verification of the elements of the order and, if necessary, correction of errors; Follow-up of instructions for payment, and payment for products; Delivery of products. The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these General Conditions of Sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The Customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of the stocks of available products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement may be requested as follows: contact the M3S company and return the product in its packaging at the expense of the consumer  within 5 days of receipt.

Article 5: Retention of title clause

The products remain the property of the company until full payment of the price.

The TRITON Rebreather being a category 3 personal protective equipment, the M3S company requires training for the safety of its customers.

This certifying training is provided by an exhaustive list of instructors and organizations referenced on this same site.

The buyer is a natural person

The purchase of a new TRITON from the company Multi Safety Support System M3S-SAS can only be made under at least one of the following two conditions:

• The buyer is already certified on the TRITON rebreather with an organization referenced on this site

• The buyer agrees to follow a training course with an instructor recognized by the M3S company (list of instructors and recognized organizations available on this site). The standardized procedure applied is as follows:

  • TRI exchange left between the Buyer, the instructor and M3S in order to confirm the reservation of the training course,

  • the M3S company will ship the TRITON either in a single package to the instructor or in two packages: one package sent to the Buyer and a second with a blocking piece to the instructor (shipping costs extra),

  • the Buyer undertakes to follow his training until his certification,

  • the Buyer at the end of his training thus certified will be given his complete TRITON,

  • in the event of failure in the training, the Buyer not being certified, he will therefore not be able to receive his complete TRITON, a blocking part will remain with the instructor until the Buyer is certified.

The purchase of TRITON spare parts can only be made by recognized divers certified on the TRITON rebreather by an organization referenced on this site.

The buyer is a legal entity

The purchase of a new TRITON from the company Multi Safety Support System M3S-SAS can only be made under at least one of the following two conditions:

• The Buyer must have a manager or an employee already certified on the TRITON rebreather with an organization referenced on this site, it will then be the responsibility of the Buyer to make the TRITON rebreather available only to people already certified on the TRITON rebreather from an organization referenced on this site.

• An officer or employee of the Buyer undertakes to follow training with an instructor recognized by the M3S company (list of instructors and recognized organizations available on this site). The standardized procedure applied is as follows:

  • TRI exchange left between the Buyer, the instructor and M3S in order to confirm the reservation of the training course,

  • the M3S company will ship the TRITON either in a single package to the instructor or in two packages: one package sent to the Buyer and a second with a blocking piece to the instructor (shipping costs extra),

  • an officer or employee of the Buyer undertakes to follow his training until his certification,

  • an officer or an employee of the Buyer at the end of his training thus certified will be given the complete TRITON,

  • in the event of failure in the training, no manager or employee of the Buyer being certified, the complete TRITON cannot therefore be given to the manager or employee, a blocking part will remain with the instructor until the certification of an officer or employee of Buyer.

The purchase of spare parts from TRITON can only be made by legal entities having a recognized manager or employee  certified on the TRITON rebreather by an organization referenced on this site.

The M3S company recalls that the use of the TRITON requires training which is certifying, therefore:

• it is essential that the Buyer, in the event of loan or rental of his TRITON, lends or rents it to a certified person,

• it is essential that the Buyer in the event of transfer of his TRITON, transfers it to a certified person, or undertakes to follow a certifying training provided by the exhaustive list of instructors and organizations referenced on this same site.

Article 6: Terms of delivery

The products are delivered to the delivery address which was indicated during the order and the time indicated. This time does not take into account the order preparation time. When the delivery requires an appointment to be made with the Customer, the Seller will contact the Customer in order to agree with him on the delivery date.

When the Customer orders several products at the same time, for the sake of economy for the Customer, the order is dispatched in one go, unless otherwise requested by the Customer. A supplement may then be requested in the context of multiple shipments.

In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "one-way" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the product delivered.

Article 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period of more than 15 working days, you will be immediately notified of the foreseeable delivery times and the order for this article may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its reimbursement.

Article 8: Payment

Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the sale is immediately resolved as of right and the order cancelled.

Article 9: Withdrawal period

In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs”. “The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the company as follows: The customer must send an email to the email address to Customer Service via the contact form, notifying his intention to withdraw through a declaration devoid of of ambiguity. The link to the contact form is: www.ccrtriton.com/contact-ccr-triton.

We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for TRITON, products manufactured at the Customer's request. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer.

Products must be returned new, in their original packaging, with their accessories and documentation. Any product used, degraded or having suffered damage rendering it unfit for sale cannot be accepted.

If the return is refused, the products will be returned to the Customer at the Seller's expense without the Customer being able to request any compensation or reimbursement.

Reimbursement will take place at the latest within 14 days of receipt of the product.

In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address:www.ccrtriton.com/contact-ccr-triton.

Article 10: Warranties

In accordance with the law, the Seller assumes two guarantees: relating to conformity and relating to hidden defects of the products. The Customer has the choice between exchange or repair in the event of a manufacturing defect or breakdown.

The Seller reminds that the consumer:

• has a period of 2 years from the delivery of the goods to act with the Seller,

• can choose between the replacement and the repair of the good subject to the conditions provided for by the apparently defective or non-corresponding article,

• is exempted from providing proof of the lack of conformity of the goods during the six months following the delivery of the goods,

• has, except second-hand goods, a period of 24 months from March 18, 2016,

• can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).

Are excluded from any warranty:

• defects in maintenance or use (drowning, breakage, degradation, etc.),

• damage due to handling error, abusive or abnormal use, use for commercial or professional purposes (unless agreed with the seller),

• transportation costs,

• the costs of modifying the product in the event of a recall by the manufacturer for a serial defect,

• damage due to bad weather or external events,

• spare parts or accessories whose replacement results from normal wear or routine maintenance: battery, LED, energy accumulator, battery, surface coating, broken glass, gasket, oxygen cell, etc.,

• products that have been modified by the user,

• products sold second-hand or on consignment.

We advise you to test all new equipment, in case it has suffered transport damage.

Article 11: Complaints

If necessary, the Buyer may submit any complaint by contacting the company by means of the link to the contact form is as follows:  www.ccrtriton.com/contact-ccr-triton.

Article 12: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 13: Force majeure

The performance of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Seller will notify the customer of the occurrence of such an event as soon as possible.

Article 14: nullity and modification of the contract

If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

Article 15: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you. By adhering to these General Conditions of Sale, you consent to our collecting and using this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the controller (the company) by RAR letter. We carry out on all of our sites a follow-up of the frequentation. For this, we use tools such as Google Analytics and ECWID.

Article 16 Limitation of liability clause

The company is exonerated from any liability resulting from direct or indirect damage caused to the Buyer, with the exception of the responsibilities it bears explicitly under these conditions. To this end, the Buyer guarantees the company  against any action taken by a third party. The liability of the company  remains in any event limited to the maximum amount that the company is likely to charge in the invoice relating to the delivery concerned 

Article 17 - Applicable law and competent jurisdiction

Both this site and the terms and conditions of its use are governed by French law, regardless of the place of use. In the event of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.

Any dispute falls under the exclusive jurisdiction of the Commercial Court of DRAGUIGNAN (83300) even in the event of multiple defendants or warranty claims.

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For any question relating to these conditions of use of the site, you can write to us at the following address:

M3S, Le Diamant, 1, Chemin de Toulon, 83170 TOURVES, FRANCE

info@multi3s.com