Terms and Conditions of Sale
Preamble :
The order of products presented in the electronic catalog of NAUTISPORTS. COM is subordinated to the acceptance by the customer of the completeness of the general conditions of sale exposed below.
These general conditions of sale impose themselves to the customer to the exclusion of all other conditions, notably those in force for the sales in store, and without regard for the particular clauses added by him - except express agreement of the salesman - nor for the advertising documents emitted by NAUTISPORTS. COM or any other document.
1. Acceptance
The acceptance by the customer of the present conditions is materialized by the " click of validation ", as well as by the communication of his banking coordinates for the purposes of payment of his order. This validation click has the value of a handwritten signature between the parties. This double step is equivalent for the customer to recognize that he has fully understood and that he approves without reserve the whole of the present conditions.
2. Products
The photographs illustrating the products offered in the nautisports. com electronic catalog tend to describe and present the articles with the greatest accuracy. However a supplier can be brought to modify slightly an article, in particular to improve its quality. Therefore, small variations in the representation of the articles may occur.
3. Availability
Our product offers and prices are valid as long as they are on the site, within the limits of available stocks. Indications on the availability of products are provided to the customer at the time of placing the order. In the event of unavailability after placing his order, we will inform the customer by e-mail and we undertake either to provide him with replacement items with similar or superior characteristics and qualities at an equal or higher price, or to refund him if his bank account has been debited.
4. Order
The systems of automatic recording are considered as being worth proof, of the nature, the contents and the date of the order; NAUTISPORTS. COM confirms the acceptance of its order to the customer to the e-mail address that this one will have communicated. The sale will be concluded only as from the confirmation of the order NAUTISPORTS. COM reserves the right to cancel any order of a customer with whom would exist a litigation relating to the payment of a former order. The products will be able to be delivered only to the address of delivery indicated by the customer during the process of order. The information given by the customer when placing the order is binding on the customer: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product.
5. Delivery
After confirmation of the order, NAUTISPORTS. COM makes a commitment to deliver via its carrier Colissimo, all the references ordered by the buyer and this in a maximum period of 30 days (as from the day after the reception of the order). Nevertheless, this deadline can be extended in the event of defect or delay of approvsionnement on behalf of some supplier.
The products bought on nautisports. com are delivered in Metropolitan France by the post office in colissimo followed.
The deliveries in the countries of the EU are carried out by the post office in Colissimo followed Europe. For deliveries outside the EU, deliveries are made by international postal services.
The times indicated are average times and correspond to the processing and delivery times. In case of deliverable articles at different dates, taking into account their availability, the delivery period is based on the longest period; NAUTISPORTS. COM reserves the right to split the deliveries, only the shipped products are then debited. The participation in the expenses of treatment and expedition will be invoiced only for one sending.
The customer must notify to NAUTISPORTS. COM any reserve on the delivered product (damaged parcel, already opened...) as soon as possible.
In case of apparent defects, the customer benefits from the right of return in the conditions foreseen in this document.
Moreover for the deliveries out of metropolitan France the customer commits himself regulating all the taxes due to the importation of products, customs duty, tax on the added value, and all other taxes due under the laws of the country of reception of the order.
In case of pre-order NAUTISPORTS. COM makes a commitment to deliver to its carrier, all the references ordered by the purchaser and this in a maximum delay of 15 working days after the date of official release of the pre-ordered product.
6. Force majeure
Are considered as force majeure discharging the seller from his obligation to deliver, war, riot, fire, strikes, accidents or the impossibility of being supplied by a supplier.
7. Withdrawal
The customer has a period of 30 clear days as from the reception of his order to send back to NAUTISPORTS. COM the articles which would not be convenient for him for exchange or refunding, without penalty except for the expenses of port of return which remain chargeable to the customer within the framework of a request of refunding.
Exchanges concerning bulky products (life rafts, dinghy and ladders) are at the customer's expense and are subject to specific pricing which will be studied on a case by case basis.
The returns must concern new articles in their original packaging, accompanied by all their possible accessories, instructions and documentation. Personalized items (embroidery, silk-screening) are neither returned nor exchanged. We reserve the right to refuse any returned product if it does not meet these conditions (missing product, damaged or stained product...).
The returns must be addressed to :
NAUTISPORTS
Rue Edouard Branly
ZI du Pied de la Montagne
69170 TARARE
FRANCE
The returned incomplete, damaged or used articles are not taken back.
In case of abnormal or abusive returns, NAUTISPORTS. COM reserves the right to refuse a later order.
If you wish to exercise your right of retraction, thank you to use our form of retraction. We will send you without delay an acknowledgement of receipt of the retraction on a durable support (for example, by e-mail). You can also use the attached form and send it to us by post.
In case of exercise of the right of retraction, NAUTISPORTS. COM is held to the refund of the sums paid by the customer, without expenses, except for the expenses of return. The refund is due within a maximum of 14 days and will be realized with the same means of payment that at the time of the purchase.
8. Prices
The price is expressed in Euros.
The price indicated on the product sheets does not include shipping.
The price invoiced to the customer is the price indicated on the confirmation of order addressed by NAUTISPORTS. COM. This price is expressed all taxes included and including the VAT for France and the countries of the EU. It includes the price of the products, the expenses of handling, packing and conservation of the products, the expenses of transport and commissioning.
If the customer has a discount code, he will enter it in the order in the box provided for this purpose in the basket. Unless expressly mentioned, discount codes cannot be combined. Besides, once the order validated and paid, it is not possible any more to add a discount code to it afterwards.
NAUTISPORTS. COM reserves the right at any time to be able to modify the prices. However, for any accepted order, NAUTISPORTS. COM guarantees the prices practiced at the date of confirmation of the order by NAUTISPORTS. COM.
9. Payment
The price of products is payable in cash the day of the effective order and the payment is made by bank card carrying the acronym CB, or by bank check.
Our site is subject to a secure payment system via the Braintree module of Paypal.
Online, Braintree allows the customer to pay via a bank server in a secure environment. The customer's credit card number is directed to the bank's servers, the payment is done directly to a bank in a secure environment, without going through the store's server, a guarantee all the more important as the numbers are known only by our banking partner.
The order validated by the customer will be considered effective only when the banking payment centers concerned have given their agreement. In case of refusal of the aforementioned centers, the order will be automatically cancelled and the customer warned by e-mail. Besides, NAUTISPORTS. COM reserves the right to refuse any order of a customer with whom would exist a litigation.
10. Customer service
For any information or question, our customer service is at your disposal from Monday till Friday:
Tel:+33 478-417-931
Mail : contact@nautisports. com
11. Intellectual property
The site is the property of TANGO SPORTS in its entirety, as well as all related rights.
Regarding the photos of the articles, they are the property of the brands, and it is possible that these data may have been altered or modified.
All the texts, works, illustrations and images reproduced on nautisports. com are reserved under the copyright as well as under the intellectual property and for the whole world. For this reason and in accordance with the provisions of the Code of the Intellectual Property, only the use for a private use is authorized, subject to provisions different, even more restrictive, of the Code of the Intellectual Property.
Any reproduction, in whole or in part, of the site is systematically subject to the authorization of the company TANGO SPORTS.
12. Responsibility
The proposed products are in conformity with the French legislation in force and the applicable standards in France. The responsibility of NAUTISPORTS. COM could not be committed in case of non respect of the legislation of the country where the product is delivered. It is up to the customer to verify with the local authorities the possibilities of importation or use of the products.
The responsibility of NAUTISPORTS. COM is systematically limited to the value of the put in question product, value in its date of sale and this without possibility of appeal towards the mark or the company producing the product.
In case of hypertext links pointing towards other sites from nautisports. com, this one will not be responsible for the contents of information provided on these sites after activation of these links.
NAUTISPORTS. COM does not have vocation to sell to professionals. Consequently, NAUTISPORTS. COM will not be able to see its responsibility engaged for any damage whatever it is resulting from a professional activity (operating loss, loss of profit, loss of chance, damages and expenses).
All the orders passed to NAUTISPORTS. COM are intended for the personal use of the customers. The customers or the recipients of the products prohibit themselves any partial or total resale of the products. NAUTISPORTS. COM gets free of any legal responsibility if the payment of the taxes was not made by the customer.
In any hypothesis, the customer benefits from the legal guarantee of eviction and hidden defects (art.1625 and following of the Civil code); in the condition that the buyer makes the proof of the hidden defect. The seller must legally repair all the consequences (art.1641 and following of the Civil Code). If the buyer goes to court, he must do so within a "short period of time" from the discovery of the hidden defect (art.1648 of the Civil Code).
13. Personal information
The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and contracts of guarantee. Failure to provide this information will result in the order not being validated.
In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has (article 34 of the law of January 6th, 1978) a right of access, modification, rectification and deletion of the data which concern him, that he can exercise near NAUTISPORTS. COM.
NAUTISPORTS. COM is committed not revealing with thirds, free or with counterpart, information communicated by the customer. Those are confidential. They will be used only for the treatment of the customer's order and in order to reinforce and personalize the communication of the products reserved to the customers of NAUTISPORTS. COM, in particular by newsletters of NAUTISPORTS. COM to which the customer would have subscribed as well as within the framework of the personalization of the site according to your centers of interest.
However, when the customer visits nautisports. com from certain partner sites of NAUTISPORTS. COM and identified as such, the data concerning him/her may exceptionally be communicated to them. If the customer does not wish it, please inform NAUTISPORTS. COM during your order.
Our site is also conceived to answer at best the needs of our customers and it is in this purpose that we make use of cookies. These cookies are used by NAUTISPORTS. COM to indicate the customer's visit to our site and are only used by NAUTISPORTS. COM in order to improve the personalized service that is intended for the customer.
14. Litigations
The present contract is subjected to the French law. NAUTISPORTS. COM cannot be held for person in charge of the damage of any nature, so much material as immaterial or physical, which could result from a bad functioning or from the bad use of the marketed products. It is the same for the possible modifications of products resulting from the manufacturers. The responsibility of NAUTISPORTS. COM will be, in any case, limited to the amount of the order and would not know how to be questioned for simple errors or omissions which could have remained in spite of all the precautions taken in the presentation of products. In case of difficulties in the application of this contract, the customer has the possibility, before any action in justice, to seek an amicable solution in particular with the assistance of a professional association of the branch, an association of consumers or any other council of its choice. It is reminded that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the appreciation of the Courts, the respect of the provisions of the present contract relating to the contractual guarantee supposes that the purchaser honors his financial commitments towards the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose these situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
Failing that, only French legislation will be competent.
15. Guarantee
The products commercialized on the NAUTISPORTS. COM are guaranteed 1 year except special mention in the product sheet. The defective product will be able to be turned over after preliminary agreement by contacting NAUTISPORTS. COM by telephone to the +33 478-417-931, or by e-mail to the following address: contact@nautisports. com.
The product will be returned with written mention of the defect noticed to the following address:
NAUTISPORTS
ZI Du Pied de la Montagne
69170 TARARE
FRANCE
In the event of action in legal guarantee of conformity, the consumer :
- has a period of two years from the delivery of the goods to act
- can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.211-9 of the Consumer Code
- is exempted from proving the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods
The legal guarantee of conformity applies independently of the commercial guarantee.
In the event that the consumer decides to implement the warranty against hidden defects of the thing sold as provided by Article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the said code.