General Terms & Conditions of Sale
SCOPE OF APPLICATION
The present General Conditions of Sale (called "GCS") apply, without restriction or reserve to all sales concluded by Hydrau Yacht Service with professional or non-professional buyers, wishing to acquire products (hydraulic hoses and fittings for nautical applications) offered for sale on hydrauyachtservice.com.
The main characteristics of products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site, which the customer is required to read before ordering.
The choice and the purchase of a Product are the unique responsibility of the Customer.
Product offers are subject to the availability of stocks, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at any time on our site and shall prevail over any other document.
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before continuing the online ordering procedure on the site.
Unless proven otherwise, the data recorded in our computer system constitutes proof of all transactions concluded with the Customer.
Our contact details are as follows:
Hydrau Yacht Service
1 impasse du Bois, 33370 Fargues Saint Hilaire (Bordeaux - France)
firstname.lastname@example.org / +33658629451
Registered in the SCR of Bordeaux: 891 645 194
Intracommunity VAT number: FR59891645194
Share capital of 4,000 euros.
Responsible for publication: Didier Thollon
Hosting : Wix.com
The Products are supplied at the prices appearing on the website when the order is registered by Hydrau Yacht Service.
The prices are expressed in Euros, HT
Possible reductions are/could be granted on the site (for a minimum order for example) in the form of a "promo code" to be filled in the "shopping cart" page.
These prices are firm and non-revisable during their period of validity but we reserve the right, outside the period of validity, to modify the prices at any time. We may terminate without notice, permanently or temporarily, access to our products or modify their characteristics.
Prices do not include VAT and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. A confirmation is then sent by email including all the elements relating to the order as soon as the payment is validated.
An invoice is drawn up and given to the Customer upon delivery of the Products ordered.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is up to the Customer to verify the accuracy of the order.
Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and Hydrau Yacht Service.
We reserve the right to cancel or refuse any order from a Customer with whom there would be a dispute regarding payment (for example during a previous order).
CUSTOMER - ACCOUNT
In order to place an order, the Customer is invited to create a customer account.
To do so, the Customer must register by filling out the form that will be proposed to him/her at the time of his order and undertakes to provide true and accurate information concerning his civil status and contact details.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer must identify himself using his email and password. As such, the Customer is prohibited from disclosing it. Otherwise, he will remain solely responsible for the use that will be made of it. The Customer may also request to unsubscribe by sending an email to: email@example.com. This will be effective within a reasonable period of time.
In case of non-compliance with the GCS, or any other applicable regulation, we will have the possibility to suspend or even close a customer's account without notice or liability.
Any account deletion, for whatever reason, will result in the pure and simple deletion of all personal information of the Customer.
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 case of maintenance, does not engage our/the Company’s responsibility.
The creation of the account involves the acceptance of these general conditions of sale.
TERMS OF PAYMENT
All of our direct payment gateways used are PCI-DSS compliant.
The customer selects a means of payment according to the following terms:
- payment by credit and debit card. The price is payable cash by the Customer, in full on the day the order is placed. The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider of our host intervening for the banking transactions carried out on the site.
- Offline payment. By bank transfer according to our instructions on the "payment" page.
We proceed with the delivery of the Products ordered only after payment has been made in full (Except for specific invoicing conditions duly accepted in writing by us in advance).
The Products ordered by the Customer will be delivered from Tresses (Bordeaux-France) in Metropolitan France and internationally.
Deliveries will be made within a specified time depending on the destination chosen by the Customer to the address indicated by the Customer when ordering on our site.
The delivery is constituted by the transfer to the Customer of the physical possession. Except in cases of force majeure, the Products ordered will be delivered in a single delivery.
The Company undertake to use our best efforts to process the order as quickly as possible in order to deliver the Products ordered by the Customer within the time limits indicated at the time of ordering.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded to him at the latest within fourteen days following the date of termination of the contract.
Deliveries are made by independent carriers (DPD, UPS,TNT, DHL, etc.) selected by us according to the country of destination to the address mentioned by the Customer at the time of the order and to which the carrier can easily access.
In the event of a specific request from the Customer concerning packaging, delivery or other conditions, duly accepted in writing by us, the related costs will be subject to additional specific invoicing, on the basis of an estimate previously accepted in writing and paid by the Customer.
TRANSFER OF OWNERSHIP
The transfer of ownership of the Hydrau Yacht Service Products to the Customer will only be carried out after full payment of the price by the latter.
RIGHT OF RETRACTION
Under the terms of Article L221-18 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance. The period runs from the day of receipt of the goods by the consumer.
The right of withdrawal may be exercised by means of a withdrawal form (available on the Internet) expressing the desire to withdraw and by sending this document to firstname.lastname@example.org.
Returns are then to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted. The costs of return remain the responsibility of the Customer.
Apart from this right of retraction, the return of the material can only be valid with our written agreement stipulating the terms.
Our responsibility cannot be engaged in cases of non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check, in case of misuse, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product, accident or force majeure. The photographs and graphics presented on the site are not contractual.
The collection of personal data entrusted to Hydrau Yacht Service is necessary for the sale of the Products and their delivery. These data are collected only for the execution of the sales contract:
Account opening at the time of the creation by the Client: Names, first names, postal address, telephone number and e-mail address, registration of financial data relating to the Client's bank account or credit card.
The data is reserved for strictly professional purposes in compliance with the General Data Protection Regulation (GDPR).
Security and confidentiality
While the Company and our hosting provider implement software measures such as secure servers and digital security firewalls to protect personal data, it should be noted that we cannot guarantee a 100% unsecured environment which is the Internet.
All our customers can update (modify customer account information) or delete their data (request for account deletion by writing to email@example.com).
The Customer may be informed that he agrees or not to receive informative and promotional emails from us. He will always have the possibility to withdraw his agreement at any time by writing to firstname.lastname@example.org.
The content of the site is the property of Hydrau Yacht Service and protected by French law.
Any total or partial reproduction of this content is strictly forbidden and may constitute a counterfeiting offence.
APPLICABLE LAW - LANGUAGE
The present GTC and the operations resulting from them are governed by and subject to French law.
For objective reasons of international understanding, the "written" content of our site (including in particular the name and description of our products) is exclusively in English. Only the contractual pages of our site may be readable in French or English depending on the language chosen by the consumer.
For any complaint please contact us by email: email@example.com
In case of dispute, an amicable solution will be sought beforehand. All the litigations to which the operations of purchase and sale concluded in application of the present GCS and which would not have been the subject of an amicable settlement between Hydrau Yacht Service and the customer or by mediation, will be subjected to the competent courts under the conditions of French common law.
We reserve the right to modify these terms and conditions of sale at our sole discretion. Therefore, you should consult these pages regularly.