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General Terms and Conditions of Sale

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General Terms and Conditions of Sale

SOCIETE DE FABRICATION ET DISTRIBUTION DE MATERIELS NAUTIQUES

KNOWN AS NAUTIRAID SQUALE CKL

SAS with a capital of €137,250

Parc d’Activités des Coëvrons Ouest 53480 VAIGES, registered on the Laval trades and companies register with the no. 322 895 095

 

GENERAL TERMS AND CONDITIONS OF SALE

Online sale to consumers

(December 2019 Version)

 

I – SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (referred to hereafter as General Terms and Conditions of Sale) are designed to set the conditions and procedures for online sale of Products of the SOCIETE DE FABRICATION ET DISTRIBUTION DE MATERIELS NAUTIQUES (referred to hereafter under its commercial name NAUTIRAID SQUALE CKL), an SAS type company with a capital of €137,250 whose registered office is Parc d’Activités des Coëvrons Ouest 53480 VAIGES, registered on the Laval trades and companies register with the number 322 895 095.

They are applicable as of right and exclusively to Customers who are classed as consumers, for Internet sales, to the exclusion of all other conditions, and particularly those applicable to offline sales.

These General Terms and Conditions of Sale are complemented by legal notices that can be consulted at this address: https://www.nautiraid.com/fr/mentions-legales.html

These general terms and conditions of sale are accessible on the online Site, in accordance with the provisions of articles L. 112-1 and L. 112-2 of the French consumer legislation. The customer declares that he has read and accepted them before the placing of its Order.

 

II – DEFINITIONS

  • “Vendor”: The company NAUTIRAID SQUALE CKL;
  • “Customer”: all natural persons with the capacity of consumer as defined in the preliminary article of the French consumer legislation, having placed an order on the Site;
  • “Order”: all orders relating to Products displayed on the Vendor’s Site, and accepted by the Vendor;
  • “Basket”: all Products selected with a view to placing an Order;
  • “Contract”: all contractual whole made up of the Order and these Terms and Conditions;
  • “Product”: commodity offered for sale on its site by the company NAUTIRAID SQUALE CKL;
  • “Website”: The Website accessible at the address https://www.nautiraid.com/fr/ managed and run by the company OVH.

 

III – PRECONTRACTUAL INFORMATION

The Customer recognises that he has received, prior to the placing of his online Order and the Conclusion of the Contract, in a clear and comprehensible manner, the General Terms and Conditions of Sale and all the information listed in article L.221-5 of the French consumer legislation, and particularly the following information:

  • The essential characteristics of the Product;
  • The price of Products and related costs and failing this, the method of calculation of the price and, where applicable, all the additional costs of transport, delivery or postage and all the other possible costs.
  • The date at which or the period in which the Vendor undertakes to deliver the Product;
  • The information relating to the Vendor’s identity, his postal address, his telephone and e-mail contact details, and his activities;
  • The information relating to the legal and contractual guarantees and to their implementation procedures;
  • The functionalities of the digital content and, where applicable, its interoperability;
  • The possibility of having recourse to conventional mediation in the event of a dispute.

 

IV – ORDER

  1. Placing Orders

The Ordering process includes the following steps that the Customer is invited to follow by completing and checking the information required in each of them:

  • Additions by the Customer of the Product(s) selected in his “Basket”, it being possible to access the Basket at all times to make changes to or to confirm them;
  • Confirmation of the Basket after checking its content;
  • Access by the Customer to his account by providing his login and the related password in order to confirm, change or complete the contact details necessary for delivery; in the event that the Customer does not already have an account on the Site: creation of his customer-account by completing the information required during the process;
  • Choice of the delivery method
  • Confirmation of the acceptance of the General Terms and Conditions of Sale
  • Choice of the payment method
  • Redirection of the Customer to the secure online payment Site for validation of the payment

The Customer’s final agreement is represented by validating his bank details, i.e.; the credit card number, the expiry date and the Card security code.

 

  1. Order Confirmation

The customer will receive an Order confirmation e-mail to validate his Order summarising the details of the items ordered.

 

  1. Product Availability

The Order is considered as acceptance of the prices and description of the Products available for sale. The Vendor undertakes to honour Orders for Products within the limit of available stocks.

In the absence of availability of one or several Product(s) after the placing of the Order, the Vendor undertakes to inform the Customer by e-mail as soon as possible when the Product will be available again or, where applicable, that it will no longer be available.

In the event of one or several Products no longer being available or if the Customer abandons his purchase, the Order for the Product concerned will be automatically cancelled and the corresponding amount will be refunded by the same payment method as that used for the Order.

 

  1. Changes to Orders

When the Order has been validated, it is no longer possible to change it (delivery or content). The Customer must therefore, on receipt of the Product(s) which are the subject of the Order, return them according to the provisions of article XVI – Right of withdrawal hereafter.

 

V – DELIVERY

Unless there is an express condition specific to the sale, the delivery will be made at the Customer’s choice:

  • To the Customer’s home, the delivery costs being paid by the Vendor over and above a certain amount defined and confirmed to the Customer before the Order. In case of delivery to the Customer’s home, the assembly of the Products is not included.
  • To the Vendor’s main stores, the Customer then having the option of assembly of the Products, with no additional cost.

 

The delivery date is specified in your Order confirmation e-mail. If the delivery date is not stated, The Vendor delivers the commodity within a period of 30 (thirty) days from the receipt of a due and proper Order and full payment.

 

If the Product is not delivered within the period specified in the Order confirmation e-mail  or, in the absence of a specified date, within the above-mentioned 30 (thirty) day period, and except in case of force majeure events, the Customer may terminate the Contract, on the conditions of articles L. 216-2  and  L. 216-3 of the French consumer legislation, by registered letter with acknowledgement of receipt or in writing on any other durable media, if, after having asked the Vendor, according to the same procedure, to make the delivery within a reasonable additional period, the latter has not carried out the delivery within this period.

 

The Contract is considered as rescinded on receipt by the Vendor of the letter or of the written document informing him of this rescission, unless the Vendor has carried out the delivery in the meantime.

 

However, the Customer may immediately rescind the Contract when the Vendor refuses to deliver the commodity or when he does not fulfil his obligation to deliver the commodity on the date or on expiry of the agreed period, if this date or this period constitutes an essential condition of the Contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the Contract or an express request by the Customer before the conclusion of the Contract.

 

The costs and risks related to the operation of delivery of the Products are the Vendor’s exclusive responsibility.

 

VI – RECEPTION OF PRODUCTS

In the event of delivery to the Vendor’s main stores, the Customer will take receipt of the ordered Products within the period of 10 days from the sending of the notice of availability of the Products sent by the Vendor.

After a period of 10 days from the sending of the notice of availability of the Products, the Vendor may as of right cancel the sale, as he sees fit, without sending a formal notice beforehand, in accordance with the provisions of article 1657 of the French Civil Code.

 

VII – REFUNDS

When the contract is rescinded, the Vendor is obliged to refund all amounts paid by the Customer, within 14(fourteen) days of the date at which the Contract was terminated at the latest.

 

VIII – PRICE

  1. Price

Except for express special conditions specific to the sale, the prices of the Products sold are those shown on the Site on the day of the Order. These Prices are, on this date, firm and definitive. They are expressed in legal currency and include all taxes and packaging. They do not include the delivery costs which are charged in addition to the price of each item.

 

  1. Terms of payment

Except for other arrangements set out expressly in the special condition, payment of the price is to take place in full at the time of the Order.

The Customer makes the payment by payment card. The cards issued by banks domiciled outside France must be international bank cards (MasterCard, American Express or Visa).

Secure online payment by bank card is performed by the Vendor’s payment service provider. Once the payment is made by the Customer, the transaction is immediately debited after the information has been verified.

The Customer is informed and recognises that the payment order given by card is irrevocable. By providing his bank details at the time of the sale, the Customer authorises the Vendor to debit the amount relating to the price from his card. The Customer confirms that he is the legal holder of the card to be debited and that he has a legal right to use it.

In the event of an error, or if it is impossible to debit the card, the Order is cancelled.

An invoice will be sent to the Customer after confirmation of the Order by the Vendor.

 

IX – GUARANTEES

  1. Legal guarantees

The Customer benefits from legal guarantees, allowing him to formulate a request:

  • Either under the legal conformity guarantee laid down in articles L. 217-4 and following of the French consumer legislation
  • Or under the hidden defects of the object sold guarantee under articles 1792 and following of the French civil code.

 

In the event of non-conformity of a Product, the Customer may, for a period of twenty-four months from the delivery of the Product, send a claim by registered letter with a request for acknowledgement of receipt. If the non-conformity of the Product is proven, the Vendor must repair, and failing this, replace the Products concerned at his expense, as soon as possible.

 

In the event of hidden defects in a Product, the Customer has a period of twenty-four months from the discovery of the defect to send a claim by registered letter with a request for acknowledgement of receipt. If the claim is valid, the Vendor shall, at the Customer’s choice, either refund the amount paid for the Product if the said Product has been returned by the Customer or refund the Customer part of the amount paid if the Customer retains the Product.

 

The transport costs will be refunded on the basis of the invoice price and the cost of returning the Product will be refunded on production of the proof of expenditure.

 

These guarantees do not cover defects caused as a result of abnormal or incorrect use or defects resulting from a cause external to the intrinsic qualities of the Products.

 

When the Customer makes a claim under the legal conformity guarantee, he:

– will have a period of two years from the delivery of the commodity to act;

– may choose between the repair or the replacement of the commodity subject to the cost conditions laid down in article L. 217-9 of the French consumer legislation;

– will be exempt from providing proof of the existence of the conformity defect of the commodity for twenty-four months after the delivery of the commodity.

 

The conformity guarantee will apply independently of the commercial guarantee granted.

 

The Customer may also decide to call on the hidden defects of the object sold guarantee under article 1641 of the French Civil Code and, in this case, he may choose between the termination of the sale and a reduction of the sale price in accordance with article 1644 of the French Civil Code.

 

  1. Commercial guarantee

Apart from the legal guarantees described above, the Products sold are also covered by a contractual guarantee against all material or manufacturing faults or defects for 5 (five) years from the date of delivery of the said Products. The commercial guarantee ceases as of right at the end of this period and the Vendor shall not be held liable for any reason whatsoever.

In the event of deterioration, or an obvious or hidden defect declared by the Customer during this period, by registered letter with a request for acknowledgement of receipt, the Vendor shall repair, and failing this, replace, at his expense, the Products concerned, as soon as possible.

These guarantees do not cover defects caused as a result of abnormal or incorrect use or defects resulting from a cause external to the intrinsic qualities of the Products.

 

  1. Sending claims

The Customer may call these guarantees by addressing his claim to the Vendor’s head office:

SOCIETE DE FABRICATION ET DISTRIBUTION DE MATERIELS NAUTIQUES

Parc d’Activités des Coëvrons Ouest

53480 VAIGES

 

X – INTELLECTUAL PROPERTY

All the technical documents, products, drawings and photographs provided to the Customers remain the exclusive property of the Vendor, sole holder of the Intellectual Property Rights to these documents, and must be returned to him at his request.

The Customers undertake not to make any use of these documents, which may infringe the industrial or intellectual property rights of the Vendor and undertake not to disclose them to any third parties.

All the texts, remarks, photos, brands, illustrations and images reproduced on the Site are protected as regards intellectual property rights. These elements are and remain the exclusive property of the Vendor or the holder of the Intellectual Property Rights concerned. All total or partial reproduction of these brands or logos, based on the information on the Site without the Vendor’s express authorisation, is therefore prohibited.

 

XI – PERSONAL DATA

When entering into a Contract, the Vendor, as the person responsible for processing, processes some of the Customer’s personal data:

 

Processing purpose : Management of Orders and payments

Data collected : First name, surname / Personal postal address / Personal telephone number / E-mail / Payment data (card number, expiry date, card security code)

Legal basis : Art. 6.1.b General Data Protection Regulation (Performance of the Contract)

Maximum retention time : Duration of the contractual relationship

 

Processing purpose : Customer management

Data collected : Customer space connection logins / First name, surname / Personal postal address / Personal telephone number / E-mail

Legal basis : Art. 6.1.f General Data Protection Regulation (Legitimate interests)

Maximum retention time : Duration of the contractual relationship + 3 years

 

 

These data are intended solely for the Vendor’s internal departments, with the exception of the following cases:

  • Transmission to service provider responsible for financial transactions and to the IT service provider responsible for the management and maintenance of the Site;
  • If the Vendor is involved in a merger, acquisition, assignment of control, assignment of assets, or a collective procedure, he may be called upon to assign or share all or part of its assets, including the personal data;
  • If required by law, the Vendor may send data to process claims made against him and to comply with administrative and judicial procedures.

The Vendor implements organisational, technical, software and physical measures in the field of digital security to protect personal data against deterioration, destruction and unauthorised access.

In accordance with the provisions of the “Information technology and civil liberties” law no. 78-17 of 6 January 1978 modified, the persons concerned have a right to access, change, to be forgotten and/or to delete. They also have a right to oppose all data processing concerning them and a right to limit processing.

To exercise these rights, all persons concerned may send a letter or e-mail, together with an identity document, setting out their request to the following address:

SOCIETE DE FABRICATION ET DISTRIBUTION DE MATERIELS NAUTIQUES

Parc d’Activités des Coëvrons Ouest

53480 VAIGES

Tel. 02 43 90 20 26

E-mail: info@nautiraid.com

 

The persons concerned may in any event, lodge a claim with the CNIL (National Commission for Information Technology and Civil Liberties).

 

XII – TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS

The transfer of ownership is carried out, to the Customer, on acceptance of the purchase order by the Vendor, in the Order confirmation e-mail. The risks of loss and deterioration to the Products and of damage that they may cause are transferred to the Customer from their receipt by the latter.

 

XIII – FORCE MAJEURE EVENTS

The Parties may not be held liable if the non-performance or lateness in performance of any one of their obligations, as described in this document results from a force majeure event, under article 1218 of the French Civil Code.

By express convention, the following constitute force majeure events, other than those normally recognised by the jurisprudence: the blocking of telecommunications, the blocking of Internet, the failure of the equipment distributing the Site, fire, water leaks, the blocking of the means of transport or supply, a total or partial strike, the non-performance or incorrect or late performance of a supplier, or any other inevitable, unforeseeable events out of the control of the Parties.

 

XIV – RIGHT OF WITHDRAWAL

  1. Period of exercise

For the conclusion of a distance contract as defined in article L221-1 of the French consumer legislation, the Customer has, in accordance with article  L. 221-18 of the French consumer legislation, a period of fourteen (14) calendar days from the acceptance of the Product to exercise his right of withdrawal without having to give reasons for his decision, by sending the withdrawal form sent by the Vendor in the Order confirmation e-mail or accessible on The Site or failing this by any declaration, free from ambiguity, expressing his desire to withdraw.

In cases of multiple deliveries in the same order, the period of withdrawal expires fourteen (14) calendar days after the day the Customer physically takes possession of the last Product.

When the withdrawal period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

 

  1. Return of Products by the Customer

The Customer sends the Products to the Vendor, not excessively late and, at the latest, within fourteen (14) days of the sending of his decision to withdraw.

The Customer is informed expressly that the direct costs of returning the Products are his responsibility.

 

  1. Refunds

If the Customer exercises his right of withdrawal in the above-mentioned conditions, the Vendor refunds all the amounts paid, including the delivery costs, without unjustified lateness and at the latest within fourteen days of the date upon which he is informed of the Customer’s decision to withdraw.

The Vendor shall refund the amounts to the Customer in accordance with the provisions of article L221.24 of the French consumer legislation. In this regard, the Customer is informed that the Vendor may postpone the repayment until he has recovered the Products.

The refund will be carried out by the same payment method as that used by the consumer when he placed the Order, except in the event of an express agreement by the consumer for him to use another payment method and as long as the refund does not generate any cost for the Customer

 

  1. Exceptions

In accordance with article L.221-23 of the French consumer legislation, the Customer will be responsible in the event of depreciation resulting from handling other than that necessary to establish its type, characteristics and where necessary, its correct operation. Consequently, the Company reserves the right to refuse the return if the returned Product is unfit for sale (Product returned incomplete or damaged).

 

XV – AMICABLE SETTLEMENT OF A DISPUTE

In accordance with the provisions of article L. 612-1 of the French consumer legislation, the Customer is informed that he may have recourse to a free mediation service, if his claim cannot be resolved amicably by the Vendor.

In this regard, the Customer may address his claim by registered letter with acknowledgement of receipt to:

SOCIETE DE FABRICATION ET DISTRIBUTION DE MATERIELS NAUTIQUES

Parc d’Activités des Coëvrons Ouest

53480 VAIGES

Tel. 02 43 90 20 26

In the year which follows his request to the Vendor’s offices, the Customer shall have his request examined by a mediator whose contact details are provided below, it being understood that a dispute can only be examined, apart from some exceptions, by one single mediator:

MEDICYS

73 boulevard de Clichy

75009 Paris

contact@medicys.fr

Portail de la médiation

In the event of cross border disputes, the Customer may contact the Centre européen des consommateurs France (European Consumer Centre – France) at the following address: europe-consommateurs.eu

The Customer is informed that he may, at his own expense, be assisted by an advisor.

 

XVI – LANGUAGE OF THE CONTRACT, APPLICABLE LAW AND COMPETENT JURISDICTION

These general terms and conditions of Sale are drawn up in French. If they are translated into one or several languages, only the French text shall be considered authoritative in the event of a dispute.

These general terms and conditions are governed by French law.

All disputes that purchase and sale operations concluded in accordance with these General Terms and Conditions of Sale may give rise to, concerning their validity, their interpretation, their Execution, their termination, their consequences and related matters which it has not been possible to resolve amicably between the Vendor and the Customer, will be subject to the competent courts in the conditions of general law.

For the definition of the competent jurisdiction, the Vendor indicates his address for service as his head office Parc d’Activités des Coëvrons Ouest – 53480 VAIGES.

 

 

I the undersigned, Kevin FURBER, official translator at the RENNES APPEAL COURT, certify that the above translation is an accurate translation of the original in French. Translation number 1848