General Terms and Conditions of Sale (GTC)
ARTICLE 1 - PURPOSE
These General Terms and Conditions of Sale (GTC) determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
ARTICLE 2 - GENERAL PROVISIONS
The Buyer declares that he/she has read all of these General Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Buyer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website https://www.xtramarine.com which the buyer is required to be aware of before ordering.
The choice and purchase of a Product is the sole responsibility of the Buyer.
The offers of Products are understood to be within the limits of available stocks, as specified at the time of placing the order.
The Buyer declares that he/she is legally able to enter into a contract under French law or validly represents the natural or legal person for whom he/she is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions concluded with the Buyer.
The contact details of the Company acting as Seller are as follows:
Xtramarine, SAS
Share capital of 10000 euros
Registered in the Commercial and Company of Nice, with number 908157886
5 rue Tonduti de l'Escarene, 06000 Nice, France
Email : info@xtramarine.com
Telephone : +33 (0)4 23 35 85 67
TVA number FR41908157886
ARTICLE 3 - PRICES
The prices of the products sold through the websites are indicated in Euros including VAT and precisely determined on the product description pages. Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Buyer is the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Buyer upon delivery of the Products ordered.
The Products presented on the https://www.xtramarine.com website are offered for sale in the following territories: the countries of the European Union.
In case of order to a country other than metropolitan France, the Buyer is the importer of the Product or Products concerned.
For all products shipped outside the European Union and/or French Overseas Territories, contact Xtramarine for a quote. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These fees and sums are not within the jurisdiction of the Seller. They will be the responsibility of the buyer and are his/her responsibility (declarations, payment to the competent authorities, etc.). As such, the Seller invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary for access to the Company's websites are the responsibility of the Client. If applicable, delivery costs.
ARTICLE 4 – ORDERS
It is up to the Buyer to select on the website https://www.xtramarine.com the Products that he/she wishes to order, according to the following conditions:
- The Buyer chooses a Product that he/she puts in his/her basket, a Product that he/she may delete or modify before validating his/her order and accepting these general terms and conditions of sale.
- They will then enter their details or log in to their space and choose the payment and delivery method.
- Once the information has been validated, the order will be considered final and will require payment from the Buyer in accordance with the terms and conditions provided.
Product offers are valid as long as they are visible on the site, while stocks last. The sale will only be considered valid after full payment of the price. It is the Buyer's responsibility to verify the accuracy of the order and to report any errors immediately.
In any case, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, which does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of ordering.
When products or services are not performed immediately, clear information is given on the product detail page as to the delivery dates of the products or services. The customer certifies that he/she has received a breakdown of the delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of this sale. The Seller undertakes to honour the Client's order within the limits of the stocks of Products available. Failing this, the Seller shall inform the Client; if the order has been placed, and in the absence of an agreement with the Client on a new delivery date, the Seller will reimburse the Client.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale have no contractual value.
Any order placed on the website https://www.xtramarine.com constitutes the formation of a contract concluded at a distance between the Buyer and the Seller. The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order. The Buyer will be able to follow the progress of his order on the website.
Any cancellation of the order by the Buyer after its acceptance by the Seller will only be possible within 30 days at the latest after acceptance of the order by the Seller and as long as delivery has not taken place (regardless of the provisions relating to the application or not of the statutory right of withdrawal).
ARTICLE 5 - CUSTOMER AREA - ACCOUNT
In order to place an order, the Buyer is invited to create an account (personal space). To do so, they must register by filling in the form that will be offered to them at the time of their order and undertake to provide honest and accurate information concerning their civil status and contact details, in particular their email address.
Unless otherwise stated, the rights granted hereunder are granted only to the natural person who signed the order (or the person holding the email address provided).
The Buyer is responsible for updating the information provided. They are told that they can change them by logging into their account.
To access his/her personal space and order history, the Buyer must identify his/her username and password which will be communicated to him/her after registration and which are strictly personal. As such, the Buyer refrains from any disclosure thereof. Otherwise, he/she will remain solely responsible for the use that will be made of it.
The Buyer may also request to be unsubscribed by going to the dedicated page on his personal space (in the "Login & Security" section) or by sending an email to: info@xtramarine.com. This will be effective within a reasonable period of time.
IIn the event of non-compliance with the general terms and conditions of sale and/or use, the site https://www.xtramarine.com will have the possibility to suspend or even close a customer's account after a formal notice sent electronically and which has remained ineffective.
Any deletion of an account, regardless of the reason, results in the pure and simple deletion of all personal information of the Client.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these General Terms and Conditions of Sale.
ARTICLE 6 - PAYMENT TERMS
The price is paid by secure payment in the following ways:
- Payment by credit card
- Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Client at the time of placing the order)
The price is payable by the Buyer in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the https://www.xtramarine.com website.
Payments made by the Buyer will only be considered final after the Seller has actually collected the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions set out above.
ARTICLE 7 - DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: countries of the European Union.
Deliveries are made within a maximum of 3 months to the address indicated by the Buyer when placing an order on the website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in a single solution.
The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the deadlines specified above.
If the Products ordered have not been delivered within 30 days from the approximate date of delivery, for any reason other than force majeure or by the act of the Customer, the sale may be terminated upon written request by the Customer under the conditions set forth in articles L 216-2, L 216-3 and L 241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed to the Client no later than fourteen days from the date of termination of the contract, with the exclusion of any compensation or penalty.
Deliveries are made by an independent carrier, to the address mentioned by the Buyer at the time of the order and to which the carrier can easily access. When the Buyer has himself undertaken to use a carrier of his own choosing, delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservation. The Buyer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of non-delivery of the transported goods.
The Seller also offers free delivery to one of its stores accessible via the following link or location: Xtramarine SAS, 5 rue Tonduti de l'Escarene, 06000 Nice, France.
In the event of a specific request from the Buyer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, on the basis of an estimate previously accepted in writing by the Buyer.
the Buyer is obliged to check the condition of the delivered products. They have a period of 30 days from the date of delivery to make claims by post or email, accompanied by all the relevant supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTCS.
The transfer of the risk of loss and damage relating thereto will only be carried out at the time when the Buyer takes physical possession of the Products. The Products therefore travel at the Seller's own risk except when the Buyer has chosen the carrier himself. As such, the risks are transferred at the time of handing over the goods to the carrier.
It is the Buyer's responsibility to notify the carrier of any reservations about the delivered product.
ARTICLE 8 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Buyer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 9 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code, "For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first goods."
The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the website or any other unambiguous statement expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email addresses indicated in ARTICLE 2 of the GTC.
The buyer must imperatively keep XTRAMARINE company informed, and the return can only be made after the buyer's agreement and assignment of a return number to be written imperatively on the packaging.
For hygienic reasons, the return of some of our products will not be accepted if the original packaging has been decellophane, unsealed, opened, torn or marked. All coatings are concerned.
- The products must be returned to XTRAMARINE in a perfect condition of resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed, and accompanied by the invoice corresponding to the purchase.
- If the product includes a warranty sheet or any other document to be completed, it must not be completed so that the buyer can exercise his right of withdrawal.
- Any product that is incomplete, damaged, or whose original packaging has been deteriorated, will not be refunded or exchanged.
- The exercise of the right of withdrawal will give rise to the buyer's choice: – either to a refund in cash by re-crediting the bank card entered at the time of the initial order or, in case of impossibility, by cheque letter. – or the award of a voucher to be used on https://www.xtramarine.com website.
- In both cases; after deduction of the initial shipping costs and return shipping costs, the customer is responsible for the initial shipping costs.
- In any case, the return shipping costs will be borne by the customer.
- In case of exchange with another product, the new transport costs will be due to the company XTRAMARINE.
ARTICLE 10 - SELLER'S LIABILITY - GUARANTEES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products that are defective, damaged or damaged or do not correspond to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or workmanship affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
'The seller shall be required to deliver the goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where this has been charged to him by the contract or has been carried out under his responsibility.'
Article L217-5 of the French Consumer Code
'The goods are in conformity with the contract:
(1) Whether it is suitable for the usual intended use of a similar good and, where applicable:
- if it corresponds to the description provided by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- whether it possesses the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
(2) If it has the characteristics defined by mutual agreement between the parties or is suitable for any special use desired by the buyer, brought to the attention of the seller and accepted by the seller'
Article L217-12 of the French Consumer Code
'An action for lack of conformity shall be time-barred two years after the date of delivery of the goods.'
Article 1641 of the French Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish such use, so that the buyer would not have purchased it, or would have given only a lower price, if he had become aware of it."
Article 1648 French Civil Code
'An action arising from redemptive defects must be brought by the purchaser within two years of the discovery of the defect.'
Article L217-16 of the French Consumer Code
'Where the purchaser requests the seller, within the framework of the commercial guarantee granted to him for the purchase or repair of movable property, to restore the condition covered by the guarantee, any lock-up period of at least seven days shall be added to the remaining period of the guarantee. That period shall run from the date of the purchaser's request for intervention or from the date of making the goods in question available for repair, if that provision is subsequent to the request for intervention.'
In order to assert its rights, the Client must inform the Seller, in writing (e-mail or post), of the non-conformity of the Products or of the existence of hidden defects from the moment they are discovered.
The Seller will refund, replace or repair any Products or parts under warranty that are non-compliant or defective.
Shipping costs will be refunded according to the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's discovery of the lack of conformity or hidden defect. This refund can be made by bank transfer or cheque.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
- The photos and graphics presented on the site are non-contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
Contractual Warranty Provisions
Products purchased on the website
https://www.xtramarine.com in addition to the legal guarantees of conformity and hidden defects, the following may benefit from a contractual guarantee as indicated in the description of a given Product, where applicable, according to the following terms, conditions and prices: :
WARRANTY PERIOD
All manufacturing defects in the vessel are covered for a period of three (3) years (up to a maximum of 500 hours of navigation) from the date the product is sold. All fasteners and components attached to the vessel's structure, such as Fasten Borika bases, shackles, rings, Velcro straps, metal ladder fasteners, engine fasteners, or other types of fasteners have a warranty period of one (1) year from the date the product is sold.
The warranty conditions for the electric motor are specified on the manufacturer's website https://www.epropulsion.com
All accessories, such as pumps, bags, etc. are guaranteed 2 years.
For commercial or rental use, the entire boat is warranted for a period of one (1) year (up to a maximum of 500 hours of sailing) from the date the product is sold.
WHAT XTRAMARINE WILL DO
Xtramarine guarantees the repair of defective parts, or the replacement of such parts, or the refund of the purchase price of the Xtramarine product. Repair, replacement of parts, or service under warranty does not extend the life of this warranty beyond its original expiration date. In the hypothetical case that the boat has to be reimbursed, an annual depreciation of 20% will be applied, starting from the date and value indicated on the original invoice.
HOW TO GET THE WARRANTY
The customer must allow Xtramarine the opportunity to carry out a repair, and allow reasonable access to the product to make the necessary repairs. Warranty claims must be made by sending an email to info@xtramarine.com with their proof of purchase.
If the service provided is not covered by the warranty, the buyer must pay for all labor, materials, and any other associated services. The buyer shall not, unless required by Xtramarine, ship the product or parts of the product directly to Xtramarine.
Xtramarine or its authorized agent will decide, based on their criteria, whether or not to proceed with warranty repair of the damaged item. All manufacturing defects will be repaired under warranty. Overhaul and transport will be borne by the user, as will any damage caused by use.
WHAT'S NOT COVERED
Our limited warranty does not cover the following:
- Improper storage or transport, or any use contrary to the guidelines and instructions set forth in the owner's manual.
- Deterioration due to exposure to natural elements, puncture, loss of color, oxidation, abrasion, mold.
- Damage due to theft or loss.
- Wear parts, including bow protection tape, anti-ragging ropes and tapes or shackles positioned in areas prone to high abrasion.
- Unauthorised repairs, as well as modifications or alterations to any component or part of the boat.
- This warranty will be ineffective if the boat has been operated with incorrect pressure, or with an outboard motor that exceeds the maximum power indicated on the CE manufacturer's plate attached to the transom.
- Lighter damage, cracks, protrusions and drips. - Natural loss of colour due to weathering or contact with aggressive and contaminating environments.
- Use of the boat for racing or any competitive activity voids the limited warranty.
- The assembly/dismantling of the boat's equipment, as well as transport to and from the service station, are excluded from the warranty and are the responsibility of the owner.
- Expenses related to towing, rental, insurance, loan payments, loss of use, loss of income, or any other type of direct or indirect damage are not covered by this warranty.
TRANSFER OF WARRANTY
The Limited Warranty is transferable to a subsequent purchaser, but only for the remainder of the unused term of the Limited Warranty. This does not apply if the boat is used for rental or commercial purposes. To transfer the warranty, please send an email with the information below info@xtramarine.com – Copy of the sales contract – The CIN/HIN number of the boat – The name, address and e-mail address of the new owner
WARRANTY DISPUTE
In the event of a dispute over the warranty, the Client will first contact the company to find an amicable solution. Any dispute relating to contractual commitments between Xtramarine and its Clients is subject exclusively to French law. In the absence of an amicable agreement between the parties mentioned, the court of Nice will have sole jurisdiction without any exception.
ARTICLE 11 - PERSONAL DATA
The Client is informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. This personal data is collected exclusively for the performance of the sales contract.
The Client is also informed that the collection of his/her personal data is also necessary for the following purposes:
The processing of personal data is necessary in order to be able to carry out any product recalls as well as for the preparation of registration documents, if requested by the customer.
9.1 Collection of personal data
The personal data that is collected on the https://www.xtramarine.com website are as follows :
- Opening the account, when creating the Customer/user account: Surname, first name, postal address, telephone number and e-mail address.
- Payment, in relation to the payment of the Products offered on the website https://www.xtramarine.comrecords the financial data relating to the Customer's/user's bank account or credit card.
For more information, please refer to Xtramarine's privacy policy document.
9.2 Recipients of personal data
Personal data is used by the Seller and its collaborators for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(s) of co-contractors are:
- Transportation Service Providers.
- Payment Institution Providers.
- eCommerce Platform Provider.
9.3 Data Controller
The data controller is the Seller (at the e-mail address info@xtramarine.com) within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expressly consents, their personal data will not be used for advertising or marketing purposes.
9.5 Duration of data storage
The Seller will retain the data collected in this way for a period of 5 years, covering the applicable contractual liability limitation period.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customers' and Users' rights
In accordance with the regulations applicable to personal data, Customers and users of the
https://www.xtramarine.comwebsite have the following rights:
- They can update or delete their data by logging into their account.
- They may cancel your account by writing to the email address indicated in Article 9.3 "Data Controller"
- They may exercise their right of access to know their personal data by writing to the address indicated in Article 9.3 "Data Controller"
- If the personal data in the Seller's possession is inaccurate, the Seller may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller"
- They may request the deletion of your personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller"
- They may also request the portability of the data held by the Seller to another service provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are indicated above.
The controller must provide feedback within a maximum period of one month.
In case of refusal to comply with the Customer's request, the latter must provide reasons.
The Client is informed that, in the event of refusal, he or she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be required to tick a box under which they agree to receive informational and advertising emails from the Seller. You will always have the option to withdraw your consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the site https://www.xtramarine.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright. No transfer of intellectual property rights is made through these GTC.
ARTICLE 13 : FORCE MAJEURE
The performance of the Seller's obligations hereunder shall be suspended in the event of the occurrence of an unforeseeable event or force majeure that would prevent their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 14 - APPLICABLE LAW - LANGUAGE
These GTC and the transactions arising from them are governed by and subject to French law.
These GTC are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 15 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event that the complaint request to the Seller's customer service department fails, or in the absence of a response within three months, the consumer may submit the dispute to a mediator who will independently try to bring the parties together in order to obtain an amicable solution.
The Client is informed that he may in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is:
Mediation Service of the Administrative Court of Nice
18 avenue des Fleurs – 06050 NICE – Cedex 1
+33 (0)4 89 97 85 93
Website of the Mediation Service: http://nice.tribunal-administratif.fr/A-savoir/Mediation
E-mail : amaury.lenoir@conseil-etat.fr
The Client is also informed that he/she may also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes for which the sale and purchase transactions concluded pursuant to these GTC and which have not been resolved amicably between the seller or through mediation, shall be submitted to the competent courts under the conditions of the common law.
ARTICLE 16: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract is cancelled, this nullity will not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ANNEX I
WITHDRAWAL FORM
Date ______________________
This form must be completed and returned only in the event that the Customer intends to withdraw from the order placed on https:www.xtramarine.com unless exclusions or limitations to the exercise of the right of withdrawal pursuant to the applicable General Terms and Conditions of Sale.
Attn: SAS, Xtramarine, 5 rue Tonduti de l'Escarene, 06000 Nice, France.
I hereby give notice of my withdrawal from the contract relating to the following order:
- Order placed (insert date)
- Order number: ...........................................................
- Customer's name: ...........................................................................
- Customer's address: .......................................................................
Client's signature (only in case of service of this form in paper format).