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eDivingPass - Terms

General conditions of sale e-commerce and online booking

(valid for private customers only)
These conditions of sale are concluded on the one hand by all sites POLYNESIA ZOOM at the Internet address https //: www.polynesiazoom.com and among others the site of EDIVINGPASS at the Internet address https //: www .edivingpass.com and, on the other hand, any natural or legal person wishing to make a purchase or reservation via the website EDIVINGPASS, hereinafter referred to as "the buyer (or the service provider offering services, activities or products) ".

Article 1: object

These terms of sale are intended to define the contractual relationship between POLYNESIA ZOOM and the buyer (or service provider offering services, activities or products) and the conditions applicable to any purchase or reservation made through POLYNESIA ZOOM websites, such as than EDIVINGPASS. The acquisition of a product or service through this site implies unreserved acceptance by the buyer (or the service provider offering services, activities or products) of these terms of sale, including the buyer (or the service provider offering services, activities or products) or services acknowledges having read prior to his order. Before any transaction, the buyer (or service provider offering services, activities or products) or services declares that the purchase or reservation of products or services on POLYNESIA ZOOM sites, such as EDIVINGPASS, is not directly related. with his professional activity and is limited to a strictly personal use and secondly to have full legal capacity, allowing him to engage under these general conditions of sale and reservations.

Travel agencies or any other intermediary wishing to use the sites for its own customers must request the prior written consent of "POLYNESIA ZOOM" in order to obtain written agreement and to determine the commercial and legal conditions specific to their activities.

The POLYNESIA ZOOM websites retain the possibility of modifying at any time these conditions of sales and reservations, in order to respect any new regulation or in order to improve the use of its sites. As a result, the applicable conditions will be those in force on the date of the order by the buyer (or the service provider offering services, activities or products).

Article 2. Products or services

The products or services offered are those listed on the POLYNESIA ZOOM websites, such as EDIVINGPASS, within the limits of available stocks. POLYNESIA ZOOM sites, such as EDIVINGPASS, reserve the right to modify at any time the range of products or services or service providers. Each product or service is presented on the websites as a description. The photographs are as faithful as possible but do not engage the Seller or the Lessor.

Article 3. Fees

The prices appearing on the product sheets or services of the Internet catalog and are prices in XPF (pacific francs) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of products or services. POLYNESIA ZOOM websites, such as EDIVINGPASS, reserve the right to modify their prices at any time, it being understood however that the price listed in the catalog on the day of the order will be the only one applicable to the buyer (or the provider offering services activities or products). The prices indicated do not include the delivery costs, invoiced in addition to the price of the products or services bought or reserved according to the total amount of the order.

Article 4. Order and payment terms

- Payment by check: We do not accept checks.

- Payment by bank transfer: We accept bank transfers only on request and for special cases such as payments by travel agencies.

In the case of payment by bank transfer: The buyer selects the product or services he wants to order in the "basket", changes if necessary (quantities, dates, times, ...). The shipping costs, if any, are neither calculated nor submitted to the buyer on the site (the buyer must contact the service provider or know the amounts and conditions prior to purchase or booking). Then, the buyer chooses the method of payment of his choice: "Payment by transfer". Finally, by validating his order by clicking on the button "Confirm my order", the general conditions of sales or reservations are accepted and this last click forms the final conclusion of the contract. Upon validation, the buyer (and the provider offering services, activities or products) receives a purchase order confirming the registration of his order. In order to finalize the payment and trigger the processing of the order, the buyer must contact his bank to make the transfer corresponding to the amount of his order to the bank account of the site, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer (and the provider offering services, activities or products) will be informed by e-mail. The service provider offering services, activities or products will ship the product or services no earlier than 2 working days after receipt of the transfer corresponding to the order, subject to provisions.

- Secure payment by credit card [and also for PayPal, OSB PayZen, PayZen, SIX Payment Services, Datatrans or equivalent]: The buyer selects the product or services he wants to order in the "basket", changes if necessary ( quantities, dates, times, ...). The shipping costs, if any, are neither calculated nor submitted to the buyer on the site (the buyer must contact the service provider or know the amounts and conditions prior to purchase or booking). Then the buyer chooses the method of payment of his choice: "Payment by credit card". Finally, by validating his order by clicking on the button "Confirm my order", the general conditions of sales or reservations are accepted. Upon validation, the buyer (and the provider offering services, activities or products) receives a purchase order confirming the registration of his order. Finally, the buyer is redirected to the secure interface [PayPal, PayZen OSB, PayZen, SIX Payment Services, Datatrans or equivalent] to securely inform his account credentials Paypal or personal bank card. If the payment is accepted, the order is registered and the contract definitively formed, subject to actual availability of the products or services requested. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of this one, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or even 120 days if the contract linking it to it provides for it. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No costs of restitution of the sums can not be charged to the holder.

- Secure payment by credit card (offline): The buyer selects the product or services he wants to order in the "basket", changes if necessary (quantities, dates, times, ...). The shipping costs, if any, are neither calculated nor submitted to the buyer on the site (the buyer must contact the service provider or know the amounts and conditions prior to purchase or booking). Then, the buyer chooses the method of payment of his choice: "Payment by credit card offline". Finally, by validating his order by clicking on the button "Confirm my order", the general conditions of sales or reservations are accepted and this last click forms the final conclusion of the contract. Upon validation, the buyer (and the provider offering services, activities or products) receives a purchase order confirming the registration of his order. Finally, the buyer must fill in his personal credit card information. Upon receipt of personal credit card information, the order will be processed and the buyer (and the provider offering services, activities or products) will be informed by e-mail. The buyer will receive an invoice from one of the POLYNESIA ZOOM accounts [PayPal, OSB PayZen, PayZen, SIX Payment Services, Datatrans or equivalent]. If payment is accepted, the order is registered and the contract definitively formed. Payment by offline bank is irrevocable. In case of fraudulent use of this one, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or even 120 days if the contract linking it to it provides for it. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No costs of restitution of the sums can not be charged to the holder.

The confirmation of an order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and waiver of its own conditions of purchase or reservation. All data provided and the recorded confirmation will be worth proof of the transaction. If the buyer (or the service provider offering services, activities or products) has an email address and if he has indicated it on his order form, the POLYNESIA ZOOM websites, including EDIVINGPASS, will send him the confirmation of the registration of his order.

If the buyer (or service provider offering services, activities or products) wishes to contact POLYNESIA ZOOM websites, he can do so by email at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. If the buyer (or service provider offering services, activities or products) would like to contact the EDIVINGPASS site specifically, he can do so by email at the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Article 5. Retention of title

The POLYNESIA ZOOM sites (or the service providers offering services, activities or products on the POLYNESIA ZOOM sites), such as EDIVINGPASS https //: www.edivingpass.com, retain the full ownership of its products or services sold up to the perfect collection of the price, in principal, costs and taxes included.

Article 6. Retraction or Cancellation

Under Article L121-20 of the Consumer Code, the buyer (or the service provider offering services, activities or products) has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product or service to the seller for exchange or refund without penalty, with the exception of return costs.

Cancellations of reservations for services or activities made on one of the POLYNESIA ZOOM websites, such as EDIVINGPASS, are possible within a reasonable time before the service (knowing that EDIVINGPASS processes orders within 24 to 48 hours, it is desirable to consider a minimum of 3 working days in advance) using a return to booking confirmation email received at the time of order confirmation.

In any case, if the conditions of withdrawal or cancellations expressly specified by one of the service providers offering services, activities or products on one of the POLYNESIA ZOOM websites, such as EDIVINGPASS.com, are more restrictive than those of POLYNESIA ZOOM or EDIVINGPASS themselves, then the withdrawal conditions of the service providers apply.

Concerning EDIVINGPASS for all services with the exception of COMBO (i.e. containing accommodation and/or catering and/or transport and/or activities other than those of diving centers or similar):

In case of partial or total cancellation of the order:
- no processing fees for cancellation or reimbursement are applied by EDIVINGPASS.com to the buyer.
- if the cancellation is issued by the customers, the bank charges resulting from the transactions are borne by the buyer.
- if the cancellation is issued by the service providers (case of force majeure, weather cancellation, services impossible to provide), the bank charges resulting from the transactions are not the responsibility of the buyer.

In case of partial or total cancellation of the order, for all the services of the diving centers (or any other activity providers), BOOKING and PASS PLONGEE included:
- if the cancellation is issued by customers during their stay, no credit or refund is issued by EDIVINGPASS, except on presentation of a medical certificate issued by a practicing doctor no later than 3 days after cancellation.
- if the cancellation is issued by the service providers (case of force majeure, weather cancellation, services impossible to provide), a credit note or refund is issued by EDIVINGPASS but no special compensation can be charged or claimed from EDIVINGPASS in addition credit note or refund.

In the event of partial or total cancellation of the order, for the DIVING PASS in general,
- the first 6 dives of the same DIVING PASS are non-refundable and no credit note or refund is issued by EDIVINGPASS, except in the event of cancellation by the service providers, and except in the event of cancellation by the customers but on presentation of a medical certificate issued by a practicing doctor no later than 3 days following the cancellation.
- no credit note or refund is issued by EDIVINGPASS before the expiry date (end of validity date) of the DIVING PASS, except in the event of cancellation by the service providers, and except in the event of cancellation by the customers but on presentation of a medical certificate issued by a practicing doctor no later than 3 days following the cancellation.
- if the cancellation is issued by the service providers (case of force majeure, weather cancellation, services impossible to provide) during the customers' stays, a credit note or refund is issued by EDIVINGPASS but no specific compensation can be charged or claimed from EDIVINGPASS by customers in addition to the credit or reimbursement.

In the event of partial or total cancellation of the order, for the BOOKING and the DIVING PASS with reservation (the diving dates being reserved by EDIVINGPASS),
- no credit note or refund is issued by EDIVINGPASS without the approval of the dive centers booked. Diving centers apply their own cancellation or refund conditions, and these conditions may be more restrictive than those applied by EDIVINGPASS. EDIVINGPASS applies the cancellation or reimbursement conditions of the diving centers and cannot be sued on this subject.

Regarding EDIVINGPASS, for all COMBOs (i.e. containing accommodation and/or catering and/or transport and/or activities other than those of diving centers or similar):
- if the cancellation is issued by the customers, processing fees for cancellation or reimbursement are applied by EDIVINGPASS to the buyer and the bank charges resulting from the transactions are borne by the buyer. The booking fees for cancellation or refund constitute a percentage of the total amount of the order and according to the time remaining before the date of the service: 5% before 3 months, 25% before 1 month, 50% before 15 days, 100% if less than 15 days before the date of the service.
- if the cancellation is issued by the service providers (case of force majeure, weather cancellation, services impossible to provide), no administrative fees for cancellation or reimbursement are applied by EDIVINGPASS to the buyer, bank charges from the transactions are not the responsibility of the buyer, a credit or refund is issued by EDIVINGPASS but no specific compensation can be charged or claimed from EDIVINGPASS by customers in addition to the credit or refund.

Regarding EDIVINGPASS, it is recalled here that the above conditions are only applicable to private customers, and that the conditions concerning professionals (travel agencies, incoming agencies, intermediaries) are communicated separately and individually.

Article 7. Delivery

Deliveries are not included on POLYNESIA ZOOM websites, such as EDIVINGPASS. Deliveries are made by the provider offering services, activities or products on the POLYNESIA ZOOM sites, such as EDIVINGPASS. Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Delivery times, if any, are only indicative. Transport risks are the responsibility of the purchaser from the moment the items leave the premises of the provider offering services, activities or products. The buyer is obliged to check in the presence of the employee of La Poste or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Warranty

All products or services provided by POLYNESIA ZOOM websites, such as EDIVINGPASS, benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product or service sold, it may be returned to the provider offering services, activities or products on POLYNESIA ZOOM sites, such as EDIVINGPASS, who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to POLYNESIA ZOOM, within thirty days after delivery. Exception may be made for claims, requests for exchange or refund of this EDIVINGPASS made by email directly to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it. and receiving an electronic acknowledgment from one of POLYNESIA ZOOM's email addresses.

Article 9. Liability

POLYNESIA ZOOM, in the process of distance selling on all its websites, such as EDIVINGPASS, is held only by an obligation of means. Liability can not be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, service interruption, or other unintended problems.

Article 10. Intellectual Property

All elements of POLYNESIA ZOOM websites, such as EDIVINGPASS, are and remain the exclusive intellectual property of POLYNESIA ZOOM websites. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text. POLYNESIA ZOOM is a registered trademark at the INPI under the number 0 727 672 which applies worldwide including in French Polynesia.

Article 11. Personal data

The POLYNESIA ZOOM websites undertake to preserve the confidentiality of the information provided by the buyer (or the service provider offering services, activities or products) that he would be required to transmit for the use of certain services. All information concerning them is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He can make the request at any time by mail to the address of POLYNESIA ZOOM.

Article 12. Dispute Resolution

These conditions of distance selling are subject to the law in force. For all disputes or litigation, the competent court is in Switzerland (NW).