Terms and conditions of sale
General Terms and Conditions of Sale
1 January 2020
- Order and availability
- Terms of payment
- Rights of withdrawal/return/exchange
- Signatures and Evidence
- Nominative data
- Intellectual Property
- Retention and archiving of transactions
- Applicable law and jurisdiction
The present general conditions of sale are concluded between, on the one hand, the company SAILONET 4 place du petit topsail 17000 La Rochelle. Tel : 05 46 30 78 71 - firstname.lastname@example.org - SARL with a capital of 49000 euros, registered at the RCS La Rochelle. Manager Jean-François Cruette. Sailonet is a registered trademark N° SIREN: 492510169 CNIL Declaration: 1455893 V
Hereinafter referred to as "the Seller".
And, on the other hand,
Internet users, natural persons who are not major merchants and who wish to make a purchase on the Sailonet.com site, visible at the following address: http://www.sailonet.com.
Hereinafter referred to as "the User".
The present conditions govern the sale of any product or service presented on the site sailonet.com by the company Sailonet.
The parties agree that their relationship shall be exclusively governed by this agreement to the exclusion of any other terms and conditions.
Any order duly validated on the site sailonet.com implies total and unreserved acceptance of these general terms and conditions of sale and, possibly, of the particular or specific conditions of one or more products, services or orders.
If a condition should be lacking, it would be considered to be governed by the current practices in the distance selling sector whose companies are based in France. Sailonet undertakes to respect all the provisions of the Consumer Code relating to distance selling.
OBJECT The present conditions aim to define the terms of sale between the seller and the user, from the order to the services, including payment and delivery.
They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
ORDER AND AVAILABILITY
The order can only be registered on the site if the user has clearly identified himself by entering his identifier and password, which are strictly personal to him.
The user declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him/her to place an order on the Site.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares having read and accepted the present General Terms and Conditions of Sale before placing an order. The validation of his order is therefore equivalent to acceptance of these General Terms and Conditions of Sale.
After placing the order, the seller sends an e-mail to the user confirming the order.
The seller informs the user of the shipment of the articles.
The Sailonet company undertakes to honour the orders received on the website only within the limit of the available stocks of the products. In the absence of availability of the product, the seller undertakes to inform the user.
As from the validation of an order by the payment or the payment of the deposit, the delivery of the dimensions necessary for the manufacture of the products to measure must be done in the 12 months following the payment.
If the dimensions are transmitted more than one year after the validation of the order, the price of the product(s) and their delivery will be likely to be re-evaluated at the rate in force at the time the measurements are transmitted.
DELIVERY AND STORAGE
Manufacturing (custom products) :
Sails : the average delivery time is 3/ 4 weeks.
It starts as soon as Sailonet receives the complete order (order + measurements + deposit).
It is possible to deliver faster. Please contact us in case of need.
Accessories: for awnings, covers and spinnaker socks, the delivery time is 2 to 3 weeks from receipt by Sailonet of the complete order (order + measurements + deposit).
Products (furlers, furlers, sail numbers, nets ...) : depending on the products and the availability at the suppliers, the delivery time generally varies from 4 to 8/10 days.
Sails and protections
In France :
By Post Office, delivery for mainland France is usually between 24 and 72 hours.
By road carrier, the delivery time is between 48h and 72h and can take 24 hours more in eastern France and some areas of the Mediterranean.
The carrier informs you by email of the taking in charge of your parcel and proposes you a delivery date (to be validated). You can postpone this date if you wish.
The contact details of the storage centre responsible for your parcel are also communicated to you. You can retrieve your package there if you wish.
Depending on the package (small box, large box, length of slats ...) orders can be shipped by :
- La Poste (2 to 5 days) for small parcels (accessories without slats, nets, small fittings ...).
- Chronopost (2 to 5 days) cartons, lengths up to 1m50
- DHL (air - 2 to 5 days) for large boxes and parcels weighing more than 30kg.
- Sea freight forwarder (10 days to 3 weeks)
The delay depends on the destination.
We re-evaluate the transport costs on receipt of the order for international destinations, in order to offer the best rates and the most suitable for our customers who choose according to their needs.
Delivery is deemed to be made on collection at the Sailonet dealer's premises.
The transfer of risk of the goods takes place at the time of delivery to the buyer.
In accordance with article L 133-3 of the French Commercial Code, it is the responsibility of the buyer in case of damage or missing goods to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier, within three days following the receipt of the goods.
Delivery times are indicated as accurately as possible. Exceeding the delivery time shall not give rise to any deductions or to the payment of damages.
Any order placed on the site and delivered outside France and, in general, outside the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the user. The seller is not obliged to check and inform about the applicable customs duties and taxes. To know them, we advise the user to check with the competent authorities of his country.
The following are considered as cases of force majeure discharging Sailonet from its obligation to deliver: war, revolution, requisitions, riots, natural disasters, fire, strikes, accidents, the impossibility of being supplied, and any other case of force majeure.
Sailonet will keep the Buyer informed in a timely manner of the cases and events listed above.
In any case, delivery on time, or collection from Sailonet, can only take place if the buyer is up to date with his obligations towards Sailonet, whatever the cause.
Once the order is available for delivery or collection, it can be stored free of charge at Sailonet's premises for a maximum of 1 month. Beyond this period, a storage fee will be charged. After 6 months of stacking, if the order is not delivered or collected, it will be cancelled and the deposit paid will not be refunded.
RESERVATION OF OWNERSHIP CLAUSE
The Seller retains ownership of the goods sold until full and effective payment of the price.
Failure to pay the balance of the goods shall result in the return of the goods at the risk and peril of the Buyer.
These provisions do not prevent the transfer of the risks of loss and deterioration of the goods sold as soon as they are delivered.
The buyer shall take steps to insure the goods against any risk of loss, theft or deterioration.
TERMS OF PAYMENT
The user has the choice to pay for his purchases:
online when ordering by credit card:
Carte Bleue, Visa, Mastercard.
online when ordering by bank transfer:
To the account of the company Sailonet
by check with the order:
Payment by bank cheque is only possible for cheques in euros drawn on a bank domiciled in France or Monaco. In case of payment by cheque, the cashing of the cheque is carried out upon receipt of the cheque. The cheque must be made out to the order of the seller, and sent to the address below with a copy of the order summary:
Sailonet - 4 place du petit topsail - Port des Minimes - 17000 La Rochelle - France.
A deposit of 30-50% is required at the time of order. It can be paid directly online, by cheque or by transfer to our account.
The balance is payable before shipment of the products.
The delay begins with the reception of the order accompanied by the deposit and the complete dimensions provided by the customer (for custom-made products) according to the specificities of Sailonet's documents.
The prices of our products are indicated in euros all taxes included except participation in the expenses of treatment and forwarding.
The seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of order registration.
The prices indicated on the site are guaranteed for the duration of the online order and within the limit of available stocks.
The prices indicated on the quotes are valid for 30 days on the date of the quote. The price indicated when the order is recorded is firm and final.
The surfaces mentioned on the site are indicative and determined by the I,J,P&E elements provided by the building sites.
They frequently vary according to the dimensioning of the on-board equipment. In order to invoice Sailonet does not readjust its prices according to the surface actually manufactured, whether it is in its favour or not.
Sailonet invoices a type of sail for a type of boat with the indicative surface indicated by the site.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
In accordance with the European directive of 24/03/2011, the user has a period of fourteen (14) days to exercise his right of withdrawal by returning the item(s) ordered to the seller without having to justify the reasons or pay any penalties except for the cost of return. The fourteen (14) day period runs from the date of receipt of the items.
All items can be exchanged or refunded except for items that have been customized at the customer's request or made to measure.
The exchange request by the user must be made within 14 days from the date of receipt or withdrawal of the package. If the new order is for a higher amount, the user will have to join to the exchange request the payment of the remaining amount. Conversely, if the amount of the exchange is less than the initial amount, the user will receive upon receipt of the request a check letter or a credit note in the form of a code (which can be used on the site) for reimbursement of the difference.
The user has fourteen days from the date of his notification of withdrawal (by e-mail or by post, indicating the references of his order) to return the package to the seller.
The returned product must be complete, in a packaging allowing transport without risk and in the same condition as when received. The refund or exchange will be effective after receipt and control of the product by the seller.
Custom-made sail items have a 2-year contractual warranty, custom-made protections have a 6-month contractual warranty and deck fittings products have a 1-year contractual warranty.
This guarantee does not prevent the legal guarantee provided for in articles 1641 and following of the Civil Code. The user benefits for the articles of a guarantee allowing him to return defective delivered articles in accordance with articles L 211-4 and following of the Consumer Code Article L211-4 Code de la consommation The seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code In order to comply with the contract, the goods must :
1 Be fit for the use usually expected of a similar good and, where applicable :
1 correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
2 have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2 Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-12 of the French Consumer Code The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 civil code The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Damages resulting from improper use or misuse are not guaranteed.
Any intervention on a sail or an accessory under warranty must be the subject of an express written agreement on our part, under penalty of nullity of the warranty.
Shipping and transport costs are never covered by the sail or accessory warranty.
In case of installation problems, you contact us and we will see together the solution to your problem: return to our workshop or intervention in a sailmaker's workshop near your boat.
All requests must be made in writing and in detail to :
4 place of the small topsail
17000 La ROCHELLE
SIGNATURE AND PROOFS
Any user of the site who does not hold a customer account will have to follow a registration procedure allowing him to open his customer account. The login and password are confidential data that the customer will not disclose to third parties. In case of doubt about the unauthorized use of the account, the customer must promptly notify the seller.
In all cases, the online supply of the credit card number and the final validation of the order will be worth proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and will be worth exigibility of the sums engaged by the seizure of the articles appearing on the order form.
This validation is worth signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of the customer's credit card, the customer is invited, as soon as this use has been established, to contact the seller's customer service department by calling 05 46 30 78 71.
Sailonet has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.
Thus the seller undertakes to describe the products sold on the Sailonet.com website as accurately as possible. On the other hand, the responsibility of the salesman could not be committed in the case where the inexecution of its obligations would be ascribable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of absolute necessity such as defined by the French Jurisprudence. Likewise, the seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, external intrusion or the presence of computer viruses.
The seller reserves the right to collect the data.
The personal data communicated by the user or collected through the operation of the site (through cookies or active x) are intended to ensure the successful completion of deliveries, improve the quality of service and better meet customer expectations. The user consents to the use of this data by the seller, in particular to communicate information relating to services and promotional offers that may be of interest to the user.
If he does not wish to receive these offers, he can request this at any time either directly on the Internet in his account, or by mail at the address Sailonet - 4 place du petit hunier - Port des Minimes - 17 000 LA ROCHELLE, indicating his surname, first name, e-mail address and if possible customer reference.
In accordance with the provisions of the French Data Protection Act of 6 January 1978, the customer has the right to access and rectify any personal data concerning him/her, by simple written request to the seller's customer service department.
The customer's data is kept confidentially by the Vendor for a period of 2 years from the last visit to the site.
The user is informed that this automated processing of information, in particular the management of e-mail addresses, has been the subject of a declaration to the CNIL under the number 1455893 V 0.
The seller implements all means to ensure the confidentiality and security of data transmitted on the web. For this reason, the website uses a secure payment method such as SSL (Secure Socket Layer).
All elements of the sailonet.com website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
In the event that one of the clauses of the present contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale.
The present conditions apply during the whole duration of the on-line publishing of the services offered by the Sailonet company.
The computerized registers, kept in the computer systems of the Sailonet company and its partners under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties.
CONSERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
APPLICABLE LAW AND JURISDICTION
The present conditions are subject to French law. The competent court in case of dispute shall be that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the product.
In case of dispute or litigation with a 'professional' customer, the only competent court is that of La Rochelle.