The online store of the website www.https://mon-beau-bateau.com/en/ (hereinafter the SITE ) was set up by the operating company of this SITE : La Rochelle Création SARL with a capital of € 5,000 registered in the La Rochelle trade and companies register, under number 802 212 472 and under intra-community VAT number FR13 802 212 472. Its head office is located at ZA des Minimes, 16, rue de la Bonette, 17000 LA ROCHELLE, France, the telephone number is 05 17 81 04 40 and the email is contact @ mon-beau-bateau. com (hereinafter the SELLER ).
The site is hosted by the company OVH, 2, rue Kellermann, 59 100 ROUBAIX, France - telephone number: 09 72 10 10 07.
The other terms used in these general conditions of sale have the following meaning:
. The CUSTOMER is the SELLER's contractor. It guarantees its quality of consumer as French law and jurisprudence define it.
It is agreed that the CUSTOMER acts outside of any usual or commercial activity. The CUSTOMER acknowledges being informed that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from specific contractual conditions.
. PRODUCTS : these are all the products presented and available on the SITE .
. DELIVERY : this is the date of the first presentation of the PRODUCTS ordered by the CUSTOMER to the DELIVERY address indicated during the order.
Any order for a product appearing in the SITE's online store requires prior consultation of these general conditions. Any order sent by the CUSTOMER entails their adherence without restriction or reservation to these general conditions of sale. These general conditions can be viewed at the bottom of each page of the site by means of a link. Consequently, the CUSTOMER acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the CUSTOMER wishes to order the PRODUCTS presented as part of the store online. of the SITE . The CUSTOMER has the option of saving or editing these general conditions, it being specified that both saving and editing this document are his sole responsibility.
The SELLER reserves the right to refuse and therefore to reimburse any eccentric, unusual, illegal or ethically unacceptable order after contact by email. Likewise, the SELLER may request a copy of the boat's papers for the realization of legal markings and registrations.
Any order for PRODUCTS made to measure and produced according to the description provided by the CUSTOMER cannot be returned for exchange or for reimbursement.
The online store set up by the company La Rochelle Création as part of the SITE mentions the following information:
. A legal notice allowing a precise identification of the SELLER .
. A presentation of the essential characteristics of the goods offered.
. The indication, in euros, of the price of the goods and, where applicable, of the delivery costs.
. Indication of the terms of payment, DELIVERY or performance.
. The existence of a right of withdrawal except for personalized orders.
. The period of validity of the offer or the price.
. All of this information is presented in French. The CUSTOMER declares to have full legal capacity to engage under these general conditions.
Article 1: Contractual document and electronic signature
This contract is formed by the following contractual documents: these general conditions and the order form. The CLIENT's double click, under the order form, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 2: Completeness
These general conditions express all the obligations of the parties. In this sense, the CUSTOMER is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific condition appearing in the documents sent or delivered by the CUSTOMER may be incorporated into these conditions, since this document would be incompatible with these general conditions.
Article 3: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the SELLER to the CUSTOMER .
Article 4: Entry into force and duration
These general conditions come into force on the date of the signing of the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees owed by the company.
Article 5: Acceptance of the general conditions
The CUSTOMER undertakes to read these general conditions carefully and to accept them before paying for an order for PRODUCTS placed on the SITE .
The SELLER advises the CUSTOMER to read the general conditions for each new order. The latest version of the general conditions applying to any new order of PRODUCTS .
By clicking on the first button to place an order then on the second to confirm the order notice, the CUSTOMER acknowledges having read, understood and accepted the general conditions without limitation or condition.
Article 6: Opening an account and orders
To be able to buy a PRODUCT , the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information enabling him to be identified by completing the form available on the SITE . The sign "*" indicates the compulsory fields to be filled in for the CLIENT's order to be processed by the SELLER . The CUSTOMER can check the status of his order on the SITE. To do this, all he has to do is consult the sub-section “history and details of my orders” in the “my account” section. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at firstname.lastname@example.org , in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 7: Proof of the transaction
The computerized registers, kept in the SELLER's computer systems, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 8: Information PRODUCTS
The SELLER presents the PRODUCTS for sale on his SITE with the necessary characteristics that allow compliance with applicable law and in particular article L 111-1 of the Consumer Code. This last article provides for the possibility for the potential CUSTOMER to know, before the final order is taken, the essential characteristics of the PRODUCTS he wishes to buy.
The offers presented by the company are only valid while stocks last.
The SELLER reserves the right to modify the selection of products on the SITE , in particular according to the constraints linked to its suppliers.
The CUSTOMER undertakes to carefully read the information concerning the PRODUCTS before placing an order on the SITE .
Article 9: Price
Prices are quoted in euros all taxes included. They are only valid on the date of dispatch of the order form by the CUSTOMER . They do not take into account any DELIVERY costs, invoiced in supplements, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the VAT rate will be automatically reflected in the price of the PRODUCTS on the SITE . Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
Article 10: payment
To pay for his order, the consumer has his choice of all the payment methods referred to in the order form. The CUSTOMER guarantees the SELLER that he has the necessary authorizations to use the payment method he chooses when validating the order form. The SELLER reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The SELLER reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
The SELLER has set up an order verification procedure intended to ensure that no one is using the bank details of another person without their knowledge.
As part of this verification, the CUSTOMER may be asked to send to the company, by any available means, a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification of the documents sent by the SELLER's services.
Article 11: Availability of PRODUCTS
The order will be shipped at the latest within 7 working days from the day following that on which the CUSTOMER placed his order. In case of unavailability of the ordered PRODUCT , in particular because of one or more suppliers, the CUSTOMER will be informed as soon as possible and will have the possibility of canceling his order. The CUSTOMER will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment or the exchange for an alternative PRODUCT of equivalent quality and price.
Article 12: Terms of DELIVERY
We produce your product on average within 7 working days.
Except for plexiglass products such as windshields, portholes, companionway doors and deck hatches as well as the names of plexiglass and stainless steel boats and the names of luminous boats, delivery times will be 21 working days.
The PRODUCTS are delivered to the address indicated by the CUSTOMER on the order form. The CUSTOMER is required to check the packaging of the PRODUCTS on DELIVERY . If the CUSTOMER finds damage, he can refuse DELIVERY . The PRODUCTS will be returned to the SELLER by the carrier. The CUSTOMER can also accept DELIVERY and report damage to the carrier during this DELIVERY . The CUSTOMER must also report the damage to the SELLER within one week by registered letter with acknowledgment of receipt.
The CUSTOMER may, at his request, obtain the sending of an invoice to the billing address by validating the option provided for this purpose on the order form.
For DELIVERIES , the SELLER works mainly with Lettre Followed and Colissimo Followed . As soon as the SELLER sends a shipment, the CUSTOMER receives an information email.
The SELLER uses the services of the POST to deliver all the PRODUCTS of small or medium size. In addition to the fact that it allows transport costs to be reduced as much as possible, this service delivers within 2 working days in mainland France.
If the CUSTOMER is absent on the day of the initial DELIVERY of a Tracked Colissimo , the postman will leave a calling card in his letterbox. This notice will allow the CUSTOMER to collect the Colissimo Suivi from their POST office during opening hours within 15 days.
Colissimo Monitoring is a very reliable service. However, it is possible, as in any expedition, that there may be a delay in delivery or that the PRODUCT gets lost. In the event of DELIVERY delay compared to the date indicated in the dispatch email, the SELLER asks the CUSTOMER to notify him of this delay by email. The SELLER will then contact the POST to start an investigation. A POST investigation can last up to 21 days from the date of the start of the investigation. If during this period, the PRODUCT is found, it will be sent immediately to the CUSTOMER's home. If, on the other hand, the PRODUCT is not found at the end of the 21-day investigation period, the POST considers the package as lost. It is only then that the SELLER can send a replacement PRODUCT to the CUSTOMER . The costs of this shipment are the responsibility of the SELLER . If the PRODUCTS ordered were no longer available at this time, the SELLER would reimburse the CUSTOMER for the amount of the PRODUCTS concerned by the loss of the carrier. If the PRODUCTS were still available but had changed their selling price on the SITE , the SELLER would apply the new selling prices, either by reimbursing the difference by check, or by requesting an additional payment concerning this price difference.
The SELLER declines all responsibility for the extension of DELIVERY times due to the carrier, in particular in the event of loss of PRODUCTS or a strike.
Article 13: DELIVERY problems due to the carrier
Any anomaly concerning the DELIVERY (damage, missing PRODUCT compared to the DELIVERY slip , damaged package, broken PRODUCT , etc.) must be indicated during DELIVERY in the form of a handwritten reserve accompanied by the CLIENT's signature. The CUSTOMER must at the same time confirm this anomaly by sending to the carrier within 2 working days following the DELIVERY date, a registered letter with acknowledgment of receipt setting out the said complaints. The CUSTOMER must also report the damage to the SELLER within one week by registered letter with acknowledgment of receipt.
Article 14: DELIVERY errors
The CUSTOMER must formulate with the SELLER , on the same day of DELIVERY or at the latest on the first working day following DELIVERY , any complaint of DELIVERY error and / or non-conformity of the PRODUCTS in kind or in quality compared to the details on the order form. Any complaint made after this deadline will be rejected.
The formulation of this complaint with the SELLER may be made:
. Priority by phone to the customer service number from Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m.
. By email at email@example.com .
. By connecting to the SITE in the contact us section .
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the SELLER from any liability vis-à-vis the CUSTOMER .
In the event of a DELIVERY or exchange error, any PRODUCT to be exchanged or reimbursed must be returned to the SELLER as a whole and in its original packaging. To be accepted, any return must be reported to the SELLER in advance.
The shipping costs are the responsibility of the SELLER except in the event that it turns out not to correspond to the original declaration made by the CUSTOMER .
Article 15: Guarantee of PRODUCTS
The legal guarantee of conformity
The SELLER is required to deliver a compliant PRODUCT , that is to say, suitable for the expected use of a similar good and corresponding to the description given on the SITE . This conformity also assumes that the PRODUCT presents the qualities that a CUSTOMER can legitimately expect following the public declarations made by the SELLER .
When there is a lack of conformity, the SELLER offers the CUSTOMER the replacement of the PRODUCT or its repair. The choice depends on the CUSTOMER , except when this generates disproportionate costs for the SELLER compared to the second means.
The CUSTOMER can obtain the resolution of the contract or its reduction (reduction of the price of the PRODUCT ) if the defect is major and the time of the chosen solution exceeds one month from the request; or that no means are feasible.
No costs can be requested from the CUSTOMER for the replacement, repair or modification of the contract.
Guarantee of hidden defects
The SELLER is bound by the guarantee due to hidden defects of the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it or would only have given it. 'at a lower price if he had known them.
The defect must be prior to the sale and render the PRODUCT unfit for the use for which it is intended. The PRODUCT must have a defect of which the CUSTOMER can prove the existence.
The CUSTOMER has the choice:
. Return the PRODUCT and have the price returned,
. Keep the thing and get part of the price returned
The time limit for taking action is two years from the discovery of the defect.
In the event that a replacement or repair is impossible, the SELLER undertakes to reimburse the price of the PRODUCT to the CUSTOMER within 14 days of receipt of the PRODUCT returned by the CUSTOMER to the following address:
LA ROCHELLE CREATION
ZA des Minimes
16, rue de la Bonette
17,000 LA ROCHELLE
Article 16: Right of withdrawal
The PRODUCTS presented on the SITE are mainly considered as “personalized products”. The CUSTOMER orders on the SITE PRODUCTS considered as “personalized products” for his personal, professional, associative or other use.
A PRODUCT is said to be personalized when the CUSTOMER himself chooses the combinations of PRODUCT characteristics (choice of material, choice of color, choice of width, choice of height, choice of texts, logos or visuals printed or cut out, etc.). The so-called “personalized” PRODUCTS are not stored because they are manufactured at the request of the CUSTOMER . The so-called “personalized” PRODUCTS are therefore subject to a DELIVERY period of 7 working days at the latest, from the day following that on which the CUSTOMER placed his order. The “personalized products” are manufactured “on demand” subject to the feasibility of the CUSTOMER's request. “Personalized products” are neither exchangeable nor refundable.
In the event that the CUSTOMER orders a non-personalized PRODUCT , he has, in principle, the right to return or return the PRODUCT to the SELLER, without undue delay, following the communication of his decision to withdraw, unless the SELLER does not offers to collect the PRODUCT himself .
The withdrawal period expires 14 days after the day on which the CUSTOMER takes physical possession of the last PRODUCT .
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from the contract by means of a declaration without any ambiguity.
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the period. He can send his withdrawal letter to the following address:
LA ROCHELLE CREATION
ZA des Minimes
16, rue de la Bonette
17,000 LA ROCHELLE
Or by email to: firstname.lastname@example.org
In the event of withdrawal from the CUSTOMER , the SELLER undertakes to reimburse all sums paid, including DELIVERY costs, without undue delay and, in any event, no later than 14 days from the day where the SELLER is informed of the CLIENT's desire to withdraw. This reimbursement will not incur costs for the CUSTOMER .
The SELLER may defer the reimbursement until receipt of the PRODUCT or until the CUSTOMER has provided proof of shipment of the PRODUCT . The CUSTOMER must bear the direct costs of returning the PRODUCT .
Any return must be reported to the SELLER's sales department by email at: email@example.com .
The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's liability is only engaged with regard to the depreciation of the PRODUCT resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT . In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility could be engaged if he carries out manipulations other than those which are necessary.
The PRODUCTS are packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the products during DELIVERY . CUSTOMERS must respect the same standards when returning PRODUCTS . As such, the CUSTOMER is invited to return the PRODUCT that does not suit him in its original packaging and in good condition, suitable for its new marketing.
The PRODUCT must be returned by registered Colissimo to the following address:
LA ROCHELLE CREATION
ZA des Minimes
16, rue de la Bonette
17,000 LA ROCHELLE
The right of withdrawal is excluded in the following cases:
. Supply of goods or services whose price depends on fluctuations in the market,
. Supply of goods made to the CUSTOMER's specifications or clearly personalized.
Article 17: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within 10 working days of the date on which it becomes aware. The two parties will then get together, within a period of one month, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure lasts longer than 3 months, these general conditions may be implemented by the injured party.
Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms , floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to users.
Article 18: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 19: Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 20 : Titles
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21: applicable law
These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules.
In the event of a dispute or complaint, the CUSTOMER will first contact the SELLER to obtain an amicable solution.
Secondly, in accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from its written complaint to the professional.
Thirdly and in the event of an appeal, the CUSTOMER may file a complaint with the competent court.
Article 22: Information technology and freedoms
The information requested from the CUSTOMER is necessary for the processing of his order and may be communicated to the contractual partners of the SELLER involved in the execution of this order. The CUSTOMER can write to the following address:
LA ROCHELLE CREATION
ZA des Minimes
16, rue de la Bonette
17,000 LA ROCHELLE
Or by email to: firstname.lastname@example.org to oppose such communication, or to exercise his rights of access, rectification with regard to information concerning him and appearing in the SELLER's files, under the conditions provided for by law
Article 23: Order of plexiglass product
For any purchase of a plexiglass product, the supply of the template is mandatory in paper, light cardboard or original format.
In the event that this template is not supplied, we will manufacture your order from the models that we have digitally.
If, however, we do not have the correct digital template for your order, we will cancel it and generate a voucher that can be used within 12 months.