Terms of Sales
The online store of the website www.mon-beau-bateau.com (hereinafter the SITE) has been set up by the company operating this SITE: La Rochelle Création SARL with a capital of €5,000 registered in the register of the commerce and companies of La Rochelle, under the number 802 212 472 and under the intra-community VAT number FR13 802 212 472. Its registered office is located at ZA des Minimes, 4 rue de la Perruche, 17 000 LA ROCHELLE, France, the number telephone is 05 17 81 04 40 and email is contact@mon-beau-bateau.com (hereinafter the SELLER).
The site is hosted by OVH, 2, rue Kellermann, 59 100 ROUBAIX, France – telephone number: 09 72 10 10 07.
Other terms used in these Terms and Conditions have the following meaning:
. The CUSTOMER is the contractor of the SELLER. He guarantees his quality of consumer as defined by French law and case law.
It is agreed that the CLIENT is acting outside of any usual or commercial activity. The CUSTOMER acknowledges having been informed that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from specific contractual conditions.
. The PRODUCTS: these are all the products presented and available on the SITE.
. DELIVERY: this is the date of first presentation of the PRODUCTS ordered by the CLIENT to the DELIVERY address indicated when ordering.
Any order for a product appearing in the SITE's online store necessarily requires prior consultation of these general conditions. Any order sent by the CUSTOMER entails its acceptance without restriction or reservation of these general conditions of sale. These general conditions can be consulted 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 online the PRODUCTS presented within the framework of the shop. of the site. The CUSTOMER has the right to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility.
The SELLER reserves the right to refuse and therefore to reimburse any outlandish, non-standard, illegal or ethically unacceptable order after contact by email. Similarly, the SELLER may request a copy of the boat's papers for the production of legal markings and registrations. Likewise, the Seller may request a copy of the papers of the boat/vehicle for the production of legal markings and registrations.
Any order of PRODUCTS made to measure and produced according to the description provided by the CLIENT cannot be returned for exchange or for reimbursement.
The online store set up by the company La Rochelle Création within the framework of the SITE mentions the following information:
. A legal notice allowing 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, the delivery costs.
. The 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 price.
. All of this information is presented in French. The CUSTOMER declares to have full legal capacity to commit to these general conditions.
Article 1: Contract document and electronic signature
This contract is formed by the following contractual documents: these general conditions and the order form. The double click of the CUSTOMER, under the order form, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Section 2: Entirety
These general conditions express the entirety of 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 herein, since this document would be incompatible with these general conditions.
Article 3: Object
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 CLIENT.
Article 4: Entry into force and duration
These general conditions come into force on the date of the signing of the purchase order. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the company.
Article 5: Acceptance of the general conditions
The CUSTOMER undertakes to carefully read these general conditions and to accept them before proceeding to the payment of an order of PRODUCTS placed on the SITE.
The SELLER advises the CLIENT to read the general conditions for each new order. The latest version of the general conditions applicable to any new order of PRODUCTS.
By clicking on the first button to place an order and 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 allowing him to be identified by completing the form available on the SITE. The "*" sign indicates the mandatory fields to be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. To do this, he just has to consult the sub-section "history and details of my orders" in the "my account" section. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at contact@mon-beau-bateau.com, in order to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 7: Proof of transaction
The computerized registers, kept in the SELLER's computer systems, under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Information on the PRODUCTS
The SELLER presents on his SITE the PRODUCTS for sale with the necessary characteristics that allow compliance with the applicable law and in particular article L 111-1 of the Consumer Code. This last article provides the possibility for the potential CUSTOMER to know, before taking the final order, the essential characteristics of the PRODUCTS he wishes to buy.
The offers presented by the company are only valid within the limits of available stocks.
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 the order form is sent 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 passed on to 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, at his option, all the payment methods referred to in the order form. The CUSTOMER guarantees the SELLER that he has the necessary authorizations to use the method of payment 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 credit 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 in progress.
The SELLER has implemented an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge.
As part of this verification, the CUSTOMER may be asked to send 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 / Manufacturing time
The shipment of the order will be executed within a maximum period of 7 to 12 working days, from the working day following that on which the CUSTOMER placed his order. This period may exceptionally be extended depending on the number of orders in progress on our website. In the event of unavailability of the PRODUCT ordered, in particular due to 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 a refund of the sums paid within 14 days at the latest of their payment or an exchange for an alternative PRODUCT of equivalent quality and price.
Article 12: Packaging
The Seller undertakes to pack the order in the best possible conditions (polystyrene, metal rails, cardboard, reinforcements, etc.). All orders are photographed during packaging.
Article 13: Delivery and delivery time
Deadlines are not guaranteed. The average delivery time for so-called "standard" deliveries is 48/72 hours. If this delay were to be longer, the responsibility of the Seller could not be engaged.
Regarding so-called “express” deliveries, the average time is 24 hours (half-day tolerance).
Article 14: Delay
If the transport was carried out “express”, a compensation file will be opened as soon as the Seller has been informed. In the event of proven damage resulting from a delay caused by the carrier, if its liability is recognized, the compensation to be paid cannot exceed the price of transport (duties, taxes and costs excluded). Any time limits provided for the service concerned will be applied, in particular in express, where a half-day deductible/tolerance is applicable.
Article 15: Terms of DELIVERY
We manufacture your product on average within 7 working days.
Except for Plexiglas products such as windshields, portholes, companionway doors and deck hatches as well as Plexiglas, stainless steel boat names and luminous boat names, delivery times will be 21 working days.
The Products are delivered to the address indicated by the Customer on the order form, in front of the gate or the front door of the individual house or in front of the front door of the building in the case of collective housing. The Carrier has NO OBLIGATION to deliver to the floor indicated or to the Customer's accommodation.
Only one presentation of the parcel to the Customer is planned. For this reason, the Carrier undertakes to organize the delivery with the Customer. If it turns out that the Customer was not present during the initial presentation and that the Carrier applies additional costs for the next delivery(s), the Seller may ask the Customer to pay the said costs.
The Customer is required to check the packaging of the Products on Delivery. If the Customer finds damage, he must refuse the Delivery. The Products will be returned to the Seller by the Carrier. The Customer may also accept the Delivery. In this case, the Customer must notify the carrier of the damage during this Delivery. Reservations must be made in the forms and deadlines of article L 133-3 of the Commercial Code. The Customer agrees to consider as admissible proof of delivery having probative force, the reconstituted receipt with the signature affixed by himself.
The Customer must also report the damage to the Seller within one week by e-mail to contact@mon-beau-bateau.com
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 essentially works with GEODIS. As soon as the Seller sends a shipment, the Customer receives an information email.
The Seller uses the services of LA POSTE to deliver all 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 metropolitan France.
If the Customer is absent on the day of the initial Delivery of a Tracked Colissimo, the postman will leave a transit advice note in his mailbox. This notice will allow the Customer to collect the Tracked Colissimo from their POST office during opening hours within 15 days.
The Seller declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of the Products or a strike.
Article 16: DELIVERY problems caused by the carrier
Colissimo Suivi is a very reliable service. However, as with any shipment, there may be a delay in delivery or the Product may get lost. In the event of a delay in Delivery in relation 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 LA POSTE to start an investigation. This 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 period of 21 days of investigation, LA POSTE, considers the parcel as lost. Only then can the Seller send a replacement Product to the Customer. The costs of this shipment are borne by the Seller. If the Products ordered were no longer available at that time, the Seller would reimburse the Customer for the amount of the Products concerned by the carrier's loss. 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 additional payment for this price difference.
GEODIS is a very reliable courier service. However, as with any shipment, there may be a delay in delivery or the Product may get lost. In the event of a delay in Delivery in relation 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 GEODIS to start an investigation. He will have 30 days to investigate and conduct research. When the Seller has a firm and definitive return from the Carrier, he will immediately inform the Customer.
In all cases, the processing times for inquiries are given as an indication. The Seller cannot provide a firm and definitive answer without prior feedback from the Carrier. The Seller undertakes to keep the Customer informed of the progress of the investigation according to the elements that the Carrier sends to him.
Any anomaly concerning the Delivery (damage, missing Product compared to the Delivery note, damaged package, broken Product, etc.) must imperatively be indicated at the time of Delivery in the form of a handwritten reservation accompanied by the Customer's signature. At the same time, the Customer must confirm this anomaly by sending the carrier within 2 working days following the date of Delivery a registered letter with acknowledgment of receipt setting out the said complaints. The Customer must also report the damage to the Seller within 2 working days by email to contact@mon-beau-bateau.com. This claim, in the case of damage or non-compliance with the order form, must MANDATORY be accompanied by supporting photos. If this damage results from the Transport, the Seller files a claim with the Carrier. He will have 30 days to offer compensation. When The Seller has reached an agreement with The Carrier, he will immediately inform The customer. If this damage results from the Seller, the latter undertakes to reach an agreement with the Customer as soon as possible, without this exceeding a period of 30 days.
Article 17: DELIVERY Errors
The Customer must make to the Seller, on the same day of Delivery or at the latest on the first working day following Delivery, any complaint of error in Delivery and/or non-conformity of the Products in kind or in quality with respect to the instructions on the order form. This claim, in the case of damage or non-compliance with the order form, must MANDATORY be accompanied by supporting photos. Any complaint made after this period will be rejected.
The formulation of this complaint to the SELLER may be made:
. In priority by email to the address contact@mon-beau-bateau.com
. By phone at the customer service number from Monday to Friday from 9 a.m. to 12:30 p.m. and from 1:30 p.m. to 5 p.m.
. By connecting to the SITE in the contact us section.
Any complaint not made in the rules defined above and within the time limits 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 refunded must be returned to the Seller as a whole and in its original packaging. To be accepted, any return must be notified in advance to the Seller.
Return costs are the responsibility of the Seller except in the event that it does not correspond to the original declaration made by the Customer.
Article 18: Guarantee of the 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 compliance also assumes that the Product has the qualities that a Customer can legitimately expect following public statements 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 the latter 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 deadline for the chosen solution exceeds one month from the request; or that no means are feasible.
No costs may be requested from the Customer for the replacement, repair or reduction of the contract.
Warranty against hidden defects
The Seller is bound by the warranty for hidden defects in the Product sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it or would only have given it away. 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 refunded,
. Keep the thing and get part of the price back
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
45 rue de la Trinquette
17,000 LA ROCHELLE
The Product may be returned by Carrier if the Product is bulky.
Article 19: Right of withdrawal
The Products presented on the Site are mostly 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 characteristics of the Product (choice of material, choice of color, choice of width, choice of height, choice of texts, logos or visuals printed or cut, etc.). The so-called "personalized" Products are not stored because they are manufactured at the Customer's request. The so-called "personalized" Products are therefore subject to a manufacturing period depending on the product purchased, from the day following that on which the Customer placed his order. "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 offers to pick up 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 devoid of any ambiguity.
By clicking on this link, the CUSTOMER will find the withdrawal form:
link
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
45 rue de la Trinquette
17,000 LA ROCHELLE
Or by email at: contact@mon-beau-bateau.com
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all the sums paid, including the Delivery costs, without undue delay and, in any event, no later than 14 days from the day where the Seller is informed of the Customer's desire to withdraw. This refund will not incur any costs for the Customer.
The Seller may defer 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.
All returns must be reported to the SELLER's sales department by email at: contact@mon-beau-bateau.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 manipulations 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 may 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 adhere to 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
45 rue de la Trinquette
17,000 LA ROCHELLE
The right of withdrawal is excluded in the following cases:
. Supply of goods or services whose price depends on market fluctuations,
. Supply of goods made to the Customer's specifications or clearly personalized.
Article 20: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is 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 business days of the date on which it becomes aware of them. The two parties will then come together, within 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 terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms , floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to users.
Article 21: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 22: Non-waiver
The fact for one of the parties not to take advantage of 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 23: Titles
In the event 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 24: Applicable law
These general conditions are subject to French law. This is the case for rules of substance as well as for rules of form.
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 option of submitting a request for amicable resolution by mediation, within a period of less than one year from the written complaint to the professional.
This establishment has designated, by membership registered under number CS001430/2008, SAS Médiation Solution as a consumer mediation entity.
To seize the mediator, the consumer must formulate his request:
- Either in writing to:
Sas Mediation Solution
222 sheepfold road
01800 Saint Jean de Niost
Such. 04 82 53 93 06
- Either by email to: contact@sasmediationsolution-conso.fr
- Either by filling out the online form entitled "Saisir le mediator" on the site https://www.sasmediationsolution-conso.fr
Regardless of the means of referral used, the request must imperatively contain:
- The applicant's postal, telephone and electronic contact details,
- The name and address and the registration number at Sas Médiation Solution, of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
- Copy of the prior complaint,
- all documents allowing the instruction of the request (purchase order, invoice, proof of payment, etc.)
Thirdly and in the event of an appeal, the Customer may file a complaint with the competent court of La Rochelle.
Article 25: Data processing 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 CLIENT can write to the following address:
LA ROCHELLE CREATION
ZA des Minimes
4 rue de la Perruche
17,000 LA ROCHELLE
Or by e-mail to: contact@mon-beau-bateau.com 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 by law.
Article 26: Plexiglas product order
For any purchase of Plexiglas product, the provision of the template is mandatory in paper, light cardboard or original format.
If this template is not provided, we will manufacture your order from the models that we have digitally.
If, however, we do not have the digital template corresponding to your order, we will cancel it and generate a voucher that can be used within 12 months.
Access to my data
At any time, you have the right to retrieve the data you have provided on our site. To do this, log in to your account and go to the Personal Data tab. Click on "Get my data" to automatically download a copy of your personal data on a pdf or csv file.
Requests for rectification and erasure
You have the right to modify all personal information contained in the "My Account" page. For any other requests you may have regarding the rectification and/or erasure of your personal data, please contact us through our contact page. We will review your request and respond as soon as possible