ARTICLE 1 – Scope of application

The present General Sales Conditions (GSC) apply, without restrictions or reservations, to all sales concluded by consumer purchasers (the Customer), with the company SAS PB CONCEPT Ateliers de La Gazelle des Sables (the Seller), wishing to acquire the products offered for sale by the Seller (the Product(s)), by immediate purchase or by placing an order. The Seller’s business is the sale of the following Products: ” sailboats, boats and nautical accessories “. These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to Internet sales. These GCS are systematically communicated to all Customers prior to any immediate purchase of a Product or the placing of an order, and shall prevail over any other version, whether prior or subsequent, with only the version in force on the day of the purchase or the placing of the order being applicable, and over any other document. The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before making an immediate purchase or placing an order. Validation of the order by the Customer implies acceptance without restriction or reservation of these GCS. As these GTC may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the day the contract is concluded. The Service Provider’s contact details are as follows: SAS PB CONCEPT Ateliers de La Gazelle des Sables Château de ‘lOrchère 7 rue des Marronniers 49290 Chaudefonds-sur-Layon 06 61 38 17 80 contact AT lagazelledessables.com

 

ARTICLE 2 – Order(s)

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order.The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order. Specific orders from the Customer are subject to prior acceptance of a quotation.Quotations drawn up by the Vendor are valid for the period indicated in said quotations, from the date they are drawn up.An order based on a quotation is not considered accepted until it has been accepted in writing by the Vendor, and a deposit corresponding to 30% of the order amount has been paid.

 

ARTICLE 3 – Rates

The Products offered by the Service Provider are supplied at the prices in force in the Vendor’s price list or according to the quotation drawn up by the Vendor when the order is registered by the latter. Prices are expressed in Euros, exclusive of tax and inclusive of VAT, at the rate applicable when the order form is signed. These prices are firm and non-revisable during their period of validity, as indicated in the Vendor’s price list, or in the quotation, the Vendor reserving the right, outside this period of validity, to modify prices at any time.They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated in the Vendor’s price list and calculated before the order is placed.The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products sold or ordered.

For orders based on quotations

Specific customer orders may be considered. Such orders will be subject to prior acceptance of a quotation. Quotations drawn up by the Vendor are valid for the period stipulated in said quotations, from the date they are drawn up.An order based on a quotation is considered accepted only after payment of a deposit of 30% of the amount of the order.An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 4 – Terms of payment

Unless payment terms are expressly agreed between the Vendor and the Customer, special terms and conditions take precedence over these GTCS and payment shall be made in accordance with the following terms and conditions:

(a) In the event of cash payment on the day of immediate purchase or placing of the Order

The price is payable in cash, in full, on the day of the immediate purchase or the placing of the order by the Customer, in accordance with the following terms and conditions:

  • par chèque bancaire, tiré sur une banque domiciliée en France métropolitaine ou à Monaco ;
  • par espèces jusqu’à 1000 € en application des dispositions légales.

(b) In the case of a down payment on order

A deposit corresponding to 30% of the total purchase price of the Products ordered is required after acceptance of the Order by the Vendor.this deposit may under no circumstances be qualified as a deposit.the balance of the price shall be payable on the day of collection, under the conditions defined in the article “Collection” of the present GCS (infra, article 5).payment terms are identical to those set out in (a) above.

ARTICLE 5 – Collection of Products – Availability – Deadlines

Products purchased immediately are taken away by the customer.Products ordered are delivered to the customer on the date indicated on the order form, it being specified that delivery means the transfer to the customer of physical possession or control of the product.However, this time is given as an indication, as indicated on the quotation or order form.In application of the provisions of article L. 216-2 of the French Consumer Code, should the Vendor fail to deliver the Product(s) on the date or at the end of the period specified in the quotation or order form or, failing this, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined the professional to make the delivery within a reasonable additional period, the latter has not complied within this period. The contract shall be deemed to have been terminated on receipt by the Seller of the letter or writing informing him of such termination, unless the latter has performed in the meantime. The consumer may immediately cancel the contract if the trader refuses to deliver the goods, or if he fails to fulfil his obligation to deliver the goods on the date or at the end of the period specified in the quotation or order form, and this date or period constitutes an essential condition of the contract for the consumer. Unless otherwise expressly agreed, the place of delivery is the seller’s place of business. Any customer notified of the availability of the product(s) ordered must take delivery on the date indicated. In the event of failure to collect within 8 days, the seller reserves the right to charge the customer a parking fee in accordance with the current tariff. If the purchaser has not taken delivery of the product(s) within 15 days of delivery or, failing this, paid the price, the Vendor may terminate the sales contract by registered letter with acknowledgement of receipt.

 

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Vendor’s Products to the Customer, whether in the case of an immediate purchase or an order, will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products.

 

ARTICLE 7 – Right of withdrawal

The Customer is hereby informed that the provisions of the present article are intended to apply only in the context of the situations provided for in article L. 221-1 of the French Consumer Code, covering the hypotheses of distance contracts or off-premises contracts, listed below:

” 1° Distance contract: any contract concluded between a professional and a consumer, within the framework of an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the conclusion of the contract;

2° Off-premises contract: any contract concluded between a trader and a consumer:
a) In a place other than that in which the trader carries on business on a permanent or habitual basis, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer ;

  1. b) Ou dans le lieu où le professionnel exerce son activité en permanence ou de manière habituelle ou au moyen d’une technique de communication à distance, immédiatement après que le consommateur a été sollicité personnellement et individuellement dans un lieu différent de celui où le professionnel exerce en permanence ou de manière habituelle son activité et où les parties étaient, physiquement et simultanément, présentes ;
  2. c) Ou pendant une excursion organisée par le professionnel ayant pour but ou pour effet de promouvoir et de vendre des biens ou des services au consommateur ; »

In such cases, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of notification to the Vendor of the Customer’s decision to withdraw. Returns are to be made in their original and complete condition (packaging, accessories, instructions, etc.), accompanied by the purchase invoice.Products must be returned in their original, complete condition (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be accepted.The right of withdrawal may be exercised online, using the withdrawal form available on the Vendor’s website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.The exchange (subject to availability) or refund will be made within fourteen days of receipt by the Vendor of the Product(s) returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 8 – Sale on credit – LOA

In this case, the purchase is subject to the provisions of articles L. 311-1 et seq. and R. 312-2 et seq. of the French Consumer Code, as amended by law no. 78-22 of January 10, 1978 and its implementing decrees, as well as to the specific terms and conditions of the related credit or rental contract with purchase option.

 

ARTICLE 9 – Seller’s liability – Warranties

Product offers are subject to availability, and the Vendor may not be held liable in the event of unavailability of one or more Products. Legal warranties

The Products supplied by the Vendor benefit by right and without additional payment, in accordance with the legal provisions :

  • de la garantie légale de conformité, pour les Produits apparemment défectueux, abîmés ou endommagés ou ne correspondant pas à la commande ou à l’achat immédiat ;
  • de la garantie légale contre les vices cachés provenant d’un défaut de matière, de conception ou de fabrication affectant les produits et les rendant impropres à l’utilisation.

These legal warranties apply under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects).

 

It is reminded that, within the framework of the legal guarantee of conformity, the Customer :

– has a period of two years from delivery of the goods to take action against the Seller;

– may choose between repairing or replacing the Product ordered, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code;

– is exempted, in the case of a new product, from proving the existence of a lack of conformity during the 24 months following delivery of the product; this period is 6 months in the case of a second-hand product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within the above-mentioned time limits and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).The Vendor will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-conforming or defective. Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within thirty (30) days of the Vendor’s finding of the non-conformity or hidden defect.reimbursement will be made by credit to the Customer’s bank account or by cheque sent to the Customer. The Vendor may not be held liable in the following cases:

  • non-respect de la législation du pays dans lequel les produits sont livrés, qu’il appartient au Client de vérifier ;
  • en cas de mauvaise utilisation, d’utilisation à des fins professionnelles, négligence ou défaut d’entretien de la part du Client, comme en cas d’usure normale du Produit, d’accident ou de force majeure.

The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect after return to the place where they were made available, the cost of return being borne by the Customer.

ARTICLE 10 – Intellectual property

The Vendor remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc. produced (even at the Customer’s request) with a view to supplying the Products to the Customer. The Customer therefore refrains from reproducing or exploiting the said photographs, presentations, studies, drawings, models and prototypes, etc., without the Vendor’s express prior written authorization, which may be conditional upon financial consideration.

 

ARTICLE 11 – Applicable law – Language

By express agreement between the parties, these General Terms and Conditions of Sale and any transactions arising therefrom are governed by and subject to French law. In the event that these General Terms and Conditions of Sale are translated into one or more foreign languages, the French text shall prevail in the event of a dispute.

 

ARTICLE 12 – Disputes

Any and all disputes arising out of or in connection with the purchase or sale of goods under these general terms and conditions of sale, concerning the validity, interpretation, performance, termination, consequences or consequences thereof, which cannot be settled amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law. The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L. 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 13 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to the immediate purchase or the placing of the order and the conclusion of the contract, in a clear and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L. 221-5 of the French Consumer Code, and in particular the following information:

  • les caractéristiques essentielles du Produit ;
  • le prix des Produits et des frais annexes (livraison, par exemple) ;
  • en l’absence d’exécution immédiate du contrat, la date ou le délai auquel le Vendeur s’engage à livrer le Produit ;
  • les informations relatives à l’identité du Vendeur, à ses coordonnées postales, téléphoniques et électroniques, et à ses activités, si elles ne ressortent pas du contexte ;
  • les informations relatives aux garanties légales et contractuelles et à leurs modalités de mise en œuvre ;
  • les fonctionnalités du contenu numérique et, le cas échéant, à son interopérabilité ;
  • la possibilité de recourir à une médiation conventionnelle en cas de litige.

The fact that a natural person makes an immediate purchase or places an order for a Product implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.The Customer declares that he has read these General Terms and Conditions of Sale and accepted them before making an immediate purchase or placing an order.

 

APPENDIX I

WARRANTY OF CONFORMITY – LEGAL WARRANTY AGAINST HIDDEN DEFECTS

Article L. 217-4 of the French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code

To conform to the contract, the good must :

  • Etre propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
  • correspondre à la description donnée par le vendeur et posséder les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle
  • présenter les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage
  • Ou présenter les caractéristiques définies d’un commun accord par les parties ou être propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.

Article L. 217-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.