Terms and Conditions of Sale

CORAL GARDENERS (SARL)

1. Scope

These General Terms and Conditions of Sale (“Terms and Conditions”) govern the sales of products and services offered by Coral Gardeners SARL (“Coral Gardeners” or the “Seller”) to consumers through the website www.coralgardeners.org (the “Website”).

They apply in particular to:

• products and items marketed through the Coral Gardeners store (“Products”);
• coral adoption programs (“Coral Adoption”);
• eco-tours offered by Coral Gardeners SARL (“Experiences”).

Donations made for the benefit of Association Coral Gardeners do not constitute sales and are not governed by these Terms and Conditions. They are subject to the Donation Terms available on the Website.

These Terms and Conditions are accessible at all times on the Website. The version applicable to an order is the version in force and accepted by the Customer at the time the order is confirmed.

Any order requires prior acceptance of these Terms and Conditions by means of the checkbox provided for this purpose.

2. Identification of the Seller

CORAL GARDENERS SARL

• Limited liability company with share capital of XPF 1,000,000
• Registered with the Papeete Trade and Companies Register under No. D67943
• Registered office: PK 5.8 seaside, Maharepa 98728 Moorea
• Email: support@coralgardeners.org
• Telephone: +689 87 00 65 24 (Service available Monday to Friday, from 8 a.m. to 4 p.m., French Polynesia time (UTC-10)

3. Products and Services Offered

The essential characteristics, price and, where applicable, specific terms applicable to the Products and services offered by Coral Gardeners are presented on the Website before the order is confirmed.

The Customer is required to review them before placing any order.

Photographs, illustrations and representations of Products and services are presented as faithfully as possible. However, they cannot guarantee perfect similarity, particularly with regard to colors, dimensions or visual appearance.

Coral Gardeners may modify its offering of Products and services at any time. Such modifications do not affect orders already accepted.

4. Prices

The applicable prices are those indicated on the Website at the time of the order.

They are displayed in the currency offered to the Customer in accordance with the arrangements provided on the Website and are confirmed before final confirmation of the order.

Any delivery costs, taxes, customs duties or other applicable charges are indicated, where they can be determined in advance, before final confirmation of the order.

For international deliveries, duties, taxes or import charges may be imposed by the authorities of the destination country and remain payable by the Customer.

Coral Gardeners may change its prices at any time, without affecting orders already confirmed.

5. Orders

The Customer selects the Products or services they wish to order and follows the various steps of the ordering process indicated on the Website.

Before confirming the order, the Customer has the opportunity to review its content, total price and the information provided and, where applicable, to modify them.

The order becomes final after:

• confirmation by the Customer of the information relating to the order;
• acceptance of these Terms and Conditions;
• validation of payment;
• sending by Coral Gardeners of a confirmation email.

Coral Gardeners reserves the right to refuse or cancel an order in the event of suspected fraud, a previous dispute relating to an order, a manifest error or an order of an unusual nature.

6. Payment

The price of the Products and services as well as, where applicable, delivery costs and other applicable charges are indicated to the Customer before final confirmation of the order.

Payment is made in full using the payment methods offered on the Website at the time of the order.

The Customer warrants that they have the necessary authorization to use the selected payment method.

Payments are processed through secure payment service providers. Confidential banking information is transmitted directly to the relevant service providers using appropriate security measures and is not communicated to Coral Gardeners.

Coral Gardeners may need to communicate with these service providers for the purposes of processing an order, refund, fraud prevention or any other transaction directly related to payment.

If payment is refused or fails, the order cannot be finally confirmed.

7. Product Availability

Products and their prices are offered under the conditions indicated on the Website at the time of the order and subject to availability.

Coral Gardeners reserves the right to modify its offering or withdraw a Product from sale at any time, without affecting orders already confirmed.

Where a Product that has been ordered and paid for becomes exceptionally unavailable, Coral Gardeners will inform the Customer as soon as possible.

Depending on the circumstances, Coral Gardeners may offer the Customer an equivalent Product. Any substitution will be subject to the Customer’s prior approval.

If no solution is accepted by the Customer, amounts paid for the unavailable Product will be refunded in full.

8. Delivery of Physical Products

Available delivery areas, applicable charges and estimated delivery times are indicated on the Website at the time of the order.

The stated delivery times are indicative and may vary depending in particular on the destination, shipping method, place of manufacture or preparation of the Product, carrier, customs formalities or any circumstance beyond the control of Coral Gardeners.

Where several Products from the same order are prepared or shipped from different sites or service providers, they may be delivered separately, without any additional charges other than those indicated to the Customer when placing the order.

The Customer is required to provide a complete and accurate delivery address. Coral Gardeners cannot be held responsible for any delay or inability to deliver resulting from incomplete or incorrect information provided by the Customer.

Receipt and Damaged Product

Upon receipt of the order, the Customer is invited to check the apparent condition of the package and Products.

In the event of a missing or damaged Product, or an apparent irregularity related to transport, the Customer is invited:

• where possible, to make specific reservations with the carrier upon delivery;
• to confirm the irregularity to the carrier in writing as soon as possible and, ideally, within 48 hours following receipt;
• to also inform Coral Gardeners and provide information and, where possible, photographs identifying the damage.

The claim may be sent by email to support@coralgardeners.org, or by mail to: Coral Gardeners Customer Service, BP 96 Maharepa – PK 5.8 seaside, Maharepa – 98728 Moorea, French Polynesia.

Failure to make reservations with the carrier or submit a claim within this period does not deprive the Customer of any statutory warranties to which they are entitled.

9. Withdrawal Policy Applicable to Physical Products

As a commercial policy, Coral Gardeners grants the Customer a period of fourteen (14) days from receipt of the physical Product to notify Coral Gardeners of their wish to withdraw.

The Customer is not required to provide a reason for their decision.

To exercise this option, the Customer must contact Coral Gardeners at support@coralgardeners.org and provide:

• their first and last name;
• their order number;
• the date the order was received;
• the Products concerned by the return request.

Coral Gardeners will send the Customer confirmation that the request has been taken into account and, where applicable, the necessary return instructions.

The Customer then has a maximum period of fourteen (14) days from their withdrawal request to return the Product, preferably using a tracked shipment, to the following address: Coral Gardeners Service, BP 96 Maharepa – PK 5.8 seaside, Maharepa – 98728 Moorea, French Polynesia.

Products must be returned in a condition allowing them to be resold and must not have been worn or used beyond what is necessary to check their nature, characteristics and size.

Except in the case of a defective or non-compliant Product or an error attributable to Coral Gardeners, return costs remain payable by the Customer.

After receipt and inspection of the returned Product, Coral Gardeners will refund the price of the Product using the payment method originally used, unless otherwise agreed with the Customer.

This fourteen-day commercial policy does not limit the statutory warranties available to the Customer.

Exchanges

Coral Gardeners does not offer standard exchanges of Products.

If the Customer wishes, in particular, to obtain a different size, color or reference, they may, where the above conditions are met, return the Product under the withdrawal policy and then place a new order, subject to availability.

This rule is without prejudice to the Customer’s rights where a Product is defective or non-compliant.

10. Coral Adoption

The Coral Adoption offered on the Website constitutes a commercial service enabling the Customer, in exchange for the price paid, to benefit from the elements and functionalities associated with the selected offer, including a personalized certificate and, where applicable, access to information relating to the monitoring of the adopted coral.

The adoption is symbolic and does not transfer to the Customer any ownership of the coral concerned or any right of possession, exploitation or decision-making over the coral, nursery, reef or Coral Gardeners’ restoration activities.

The content and functionalities included in each offer are those indicated on the Website at the time of the order.

As corals are living organisms evolving in a natural environment, Coral Gardeners cannot guarantee their permanent survival, future condition or continued presence at a specific location.

In the event of mortality, relocation or inability to continue monitoring a particular coral, Coral Gardeners may adapt the monitoring arrangements or, where applicable, offer an alternative solution in accordance with the characteristics of the relevant program.

Given the personalization of the elements associated with Coral Adoption and the nature of the service offered, the fourteen (14)-day commercial withdrawal policy provided for in Article 9 does not apply to Coral Adoptions, subject to any mandatory provisions that may apply to the Customer.

11. Experiences, Visits and Eco-Tours

Coral Gardeners SARL may offer visits, eco-tours and other experiences on the Website (the “Experiences”).

The characteristics of each Experience are specified on the booking page, including its location, date and time, indicative duration, content, price and, where applicable, any age, fitness or equipment requirements.

The Customer is responsible for the accuracy of the information provided when booking and must ensure that participants meet the conditions specified for the relevant Experience.

Participants must comply with the instructions given by Coral Gardeners teams, particularly safety and environmental protection instructions.

Coral Gardeners reserves the right to refuse or interrupt the participation of any person whose behavior may compromise their own safety, the safety of other participants, Coral Gardeners teams or environmental protection.

12. Cancellation, Modification and Refund of Experiences

Cancellation by the Customer

Any cancellation made at least twenty-four (24) hours before the scheduled start time of the Experience will result in a full refund of the price paid.

Any cancellation made less than twenty-four (24) hours before the scheduled start time of the Experience will not result in any refund.

In the event of a no-show by the Customer or a participant at the scheduled date and time, no refund will be granted.

Any cancellation request must be sent to Coral Gardeners by email at cgxperience@coralgardeners.org, specifying the Customer’s name and booking reference.

Cancellation by Coral Gardeners

Experiences offered in a marine environment are in particular subject to weather, sea and safety conditions.

Coral Gardeners may modify, postpone or cancel an Experience, in particular due to adverse weather or sea conditions, safety constraints or any other unforeseen circumstance that prevents the activity from being carried out under satisfactory conditions.

If Coral Gardeners cancels an Experience, the Customer may choose between:

• rescheduling the Experience to another date, subject to availability; or
• a full refund of the price paid for the cancelled Experience.

No additional fee will be charged to the Customer for rescheduling where the cancellation is decided by Coral Gardeners.

13. Statutory Warranties Applicable to Products

Products sold by Coral Gardeners benefit from the statutory warranties applicable in French Polynesia, including the statutory warranty of conformity and the warranty against hidden defects.

Under the statutory warranty of conformity, a covered defect may be invoked where it is discovered within two years following receipt of the Product.

In the event of a defective or non-compliant Product, the Customer is invited to contact support@coralgardeners.org and provide their order number and any information enabling the issue to be identified.

Exercise of the statutory warranties is independent of the commercial withdrawal policy provided for in Article 9.

14. Liability

Coral Gardeners is responsible for the proper performance of its obligations under sales and services entered into with the Customer, in accordance with applicable law.

However, Coral Gardeners cannot be held liable for damage resulting in particular from:

• misuse of a Product;
• failure to comply with safety or usage instructions;
• incorrect information provided by the Customer;
• an external event reasonably beyond its control.

No provision of these Terms and Conditions shall have the effect of excluding or limiting any right or liability that cannot lawfully be excluded or limited.

Participation and Acknowledgment of Risks

Participation in certain Experiences may be subject to the prior signing of an information, acknowledgment of risks and liability document adapted to the activity concerned.

This document sets out in particular the risks inherent in the activity, the applicable safety instructions and any declarations or information that may be required from the participant.

15. Force Majeure and External Events

Neither Party may be held liable for any failure or delay resulting from an event beyond its control that reasonably prevents performance of its obligations.

Depending on the circumstances, this may include exceptional weather or sea events, cyclones, natural disasters, administrative restrictions, major interruptions to transport or communications, or any other event meeting the characteristics of force majeure under applicable law.

16. Personal Data

Personal data collected in connection with orders and bookings is processed in accordance with the Privacy Policy available on the Website.

In connection with the commercial operations governed by these Terms and Conditions, Coral Gardeners SARL acts as data controller under the conditions detailed in that policy.

17. Intellectual Property

The purchase of a Product or service does not entail any transfer of intellectual property rights to the Customer, unless expressly stated otherwise.

Trademarks, logos, photographs, videos, texts, designs, digital content and other elements associated with Products and services are the property of their respective owners and are protected by applicable law.

Any unauthorized reproduction or use is prohibited.

18. Customer Service and Complaints

For any question relating to an order, Product, booking or complaint, the Customer may contact:

• Coral Gardeners SARL
• Email: support@coralgardeners.org
• Telephone: +689 87 00 65 24 (Service available Monday to Friday, from 8 a.m. to 4 p.m., French Polynesia time (UTC-10)
• By mail: Coral Gardeners SARL, BP 96 Maharepa – PK 5.8 seaside, Maharepa – 98728 Moorea, French Polynesia

Coral Gardeners and the Customer will endeavor to seek an amicable solution to any dispute before initiating court proceedings.

19. Applicable Law – Language – Jurisdiction

These Terms and Conditions are subject to the law applicable in French Polynesia.

They are drafted in French. Where a translation is made available, the French version shall prevail in the event of any discrepancy, subject to any applicable mandatory provisions.

Failing an amicable resolution, and subject to any applicable mandatory rules of jurisdiction, any dispute shall be submitted to the competent courts of French Polynesia.