General Conditions of Sale
ARTICLE 1 – SCOPE AND MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The present general conditions of sale apply to all orders placed on the website www.windsurf-nautix.com belonging to the company Nautix SAS (Société par Actions Simplifiée with a capital of 500 032,78 Euros whose head office is located in GUIDEL – 56520 – 24 rue Nicolas Appert and registered in the RCS of LORIENT under the number 318 731 593, hereafter referred to as “Nautix”).
Nautix SAS reserves the right to adapt or modify at any time the present general conditions of sale.
In case of modification, the general sales conditions in force on the day of the order will be applied to each order.
You declare that you have read and accepted these General Terms of Sale before placing your order. The validation of your order therefore implies unreserved acceptance of these General Conditions of Sale.
By validating your order, you also confirm that you are at least eighteen years old and that you have all the legal capacity required to order one or more items.
ARTICLE 2 – PRICES AND AVAILABILITY OF PRODUCTS
The prices of our articles are indicated in euros, all taxes included, excluding delivery costs. Prices are subject to change at any time. In all cases, the articles are invoiced on the basis of the price list in force at the time of validation of the order.
The sale of items offered on the www.windsurf-nautix.com website is reserved for professionals. Individuals can purchase Nautix products from Nautix surf shops and retailers.
Orders are registered on the www.windsurf-nautix.com website, following the procedure defined for this purpose. At the end of the online ordering process, you are invited to validate your order by clicking on the icon indicated. This validation leads to the formation of the sales contract between Nautix, seller, and you, buyer.
Unless proven otherwise, the data recorded on the website www.windsurf-nautix.com constitute the proof of all transactions made on the said website.
Nautix reserves the right to cancel or not to proceed with an order from a customer with whom there is a dispute regarding the payment of a previous order.
Upon receipt of your order, we check the availability of the product(s) ordered. We only sell items that are available in stock or on order from our suppliers. However, in case of unavailability, we commit ourselves within 30 days from the validation of the order either to deliver the ordered product, or to offer you a similar product at a similar price, or to reimburse you by cheque, transfer or as a credit note.
The date of validation of the order corresponds to :
- The date of the order in case of payment by credit card online.
- The date of receipt of the cheque in the case of payment by cheque.
- The date of receipt of the bank transfer in the case of payment by bank transfer.
In the event of exceptional stock shortages on one of the products in your order, we reserve the right to make several deliveries.
ARTICLE 3 – VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE
Any order form signed by the consumer by “double click” constitutes an irrevocable acceptance which can only be called into question within the limits provided for in these general conditions of sale.
The “double click” associated with the authentication procedure and the protection of the integrity of messages constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
ARTICLE 4 – PRICES
Nautix reserves the right to modify its prices at any time but commits itself to apply the prices in force at the time of your order.
Prices are indicated on the website inclusive of all taxes (VAT at the rate in force in France at the date of the order included). Shipping costs are charged in addition. Any bank commissions and exchange fees are not included in the prices indicated and are the exclusive responsibility of the customer.
In the case of a delivery outside of France and Corsica expressly accepted by Nautix, the customer will bear the possible customs fees.
ARTICLE 5 – PAYMENT METHODS AND SECURITY
In all cases, payment shall be made in Euros including French VAT.
Reservation of ownership clause:
The products remain the property of Nautix until full payment of the order by Nautix. The collection of the order means the payment of the funds on Nautix’s bank account.
Default of payment:
Nautix reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Failure to pay on the due date will result in the immediate payment of all outstanding sums and the payment of the agios corresponding to the delay in payment. In the event of a dispute, only the Commercial Court of Lorient is competent.
Any delay in payment will lead to a penalty equivalent to 3 times the legal interest rate and will give the right to an indemnity for collection costs amounting to 40€, excess expenses may be claimed on justification.
ARTICLE 6 – DELIVERY TERMS AND DEADLINES
The products are delivered to the delivery address that you indicated during the ordering process.
The customer is responsible for the delivery address he indicates during the order process. Nautix will not be responsible for any delay in delivery or non-delivery in case of error by the customer. If a delivery has to be rescheduled, the customer will have to pay the shipping costs for this new delivery.
We always ask you to check the goods in front of the carrier at the time of delivery. In the event of a dispute, write the reservations on the delivery note (see next point: “from the package to the delivery”). You have a maximum of 24 hours to inform Nautix of any dispute by e-mail at the following address: firstname.lastname@example.org. Attention, in case of problem, keep the original packaging.
We decline any responsibility in the case of delays due to strikes, natural disasters… For reasons of parcel tracking, it is impossible for us to deliver orders to the premises of the Armed Forces outside Metropolitan France.
Shipping costs :
For all orders, shipping costs will be calculated and included upon validation of your order.
All items available in stock are generally dispatched within 24-48 hours after the date of validation of the order (cf. article 1) unless otherwise indicated on the site and except in the case of a dispute in progress. These are average times which correspond to the processing, preparation and dispatch times of your order. To this time, you must add the delivery time of the carrier.
Delivery times :
The ordered product is delivered by the postal service or by an independent carrier, according to the nature of the ordered product and at the exclusive initiative of Nautix, to the address indicated on the order form. The delivery time is indicative and is indicated from our warehouse. The final choice of delivery method depends on the weight, volume and value of the items and is decided by Nautix.
From package to delivery:
You must check the number of items and the conformity of the goods delivered at the time of delivery and before signing the delivery note of the carrier.
This verification is considered as done when the buyer, or a person authorized by him, has signed the delivery note. This signature validates the delivery.
If, at the time of delivery, the original packaging is damaged, torn or open, you must check that it contains the entire order and, if necessary, note a reservation on the delivery slip specifying the nature of the damage.
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (be as precise as possible: type and number of damaged products, nature of the damage…).
In case of problems, mention them explicitly on the delivery note. Do not hesitate to take photos and/or refuse a damaged parcel.
Mentions such as “subject to unpacking…” cannot be considered as a legal reservation.
You must also report any anomalies by registered mail and confirm your reservations to the carrier within 3 working days of receiving the item(s) and send a copy of this letter to the following address
NAUTIX – Parc d’Activités Les 5 Chemins – 24 Rue Nicolas Appert – 56520 Guidel – France
If the products need to be sent back to us, they must be the object of a return request to our Customer Service within 7 days following the delivery.
Any claim made after this period cannot be accepted.
The return of the product can only be accepted in its original condition (packaging, accessories, instructions, etc.).
Except in cases justified by an anomaly, damage or non-conformity, if the customer does not take charge of the order, the return costs and the shipping costs for a new shipment will be charged to the customer.
ARTICLE 7 – RESPONSIBILITIES
Nautix cannot be held responsible for the non-execution of the contract concluded in case of force majeure, disturbances or total or partial strike of postal services and means of transport and/or communications, flood, fire, war, attack, shortage of raw material or energy, epidemic or pandemic.
Nautix cannot be held responsible in case of non-compliance with the legislation of the country where the item is ultimately shipped. It is your responsibility to check with the local authorities about the possibility of importing or using the items.
The illustrations and photos on the www.windsurf-nautix.com website are not contractual. Only the description of each item is binding for Nautix. In case of doubt about the characteristics and properties of an item, please contact our customer service (email@example.com). Nautix cannot be held responsible for the incompatibility of the item(s) ordered with the purchaser’s and/or user’s equipment. After consulting the characteristics and properties of the article available on the site, and in case of doubt on the characteristics and properties of the article, contact our customer service for any additional information.
Nautix will not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses that may occur to products purchased to satisfy professional needs. Nautix’s responsibility is, in all cases, limited to the replacement of the products or their reimbursement.
The choice and the purchase of a product or a service are under the sole responsibility of the customer.
The total or partial impossibility to use the products, notably because of incompatibility with existing equipment of another brand, cannot give rise to any compensation, reimbursement or liability of Nautix, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal as described in article 8 of our terms of sale.
ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with article L.121-16 et seq. of the French Consumer Code, the consumer has a period of 14 working days from the date of receipt of his order by him or a third party appointed for this purpose (or from the date of the last receipt in the case of multiple deliveries), to return any item that does not suit him and request an exchange or refund.
Before returning your product, you must have our return agreement (see Article 9, Right of return).
ARTICLE 9 – RIGHT OF RETURN
You have a period of 14 days from the date of receipt of your parcel by you or a third party mandated for this purpose (or from the date of the last receipt in the case of multiple deliveries) to inform our Customer Service of your wish to return the product(s) to the following address: firstname.lastname@example.org.
From the date of the return request, you have 15 days to return the product to us. The product must be returned unused, in its original condition, with all accessories (instructions, accessories, guarantees, etc.), in its original packaging.
The consumer is responsible for the return shipping costs. The consumer will be reimbursed upon receipt of the goods.
ARTICLE 10 – WARRANTY AND SERVICE
In order to benefit from the product guarantee, it is imperative to keep the purchase invoice for the product.
We remind you that you also benefit from the legal guarantee of hidden defects in application of articles 1641 and following of the civil code as well as the legal guarantee of conformity under the conditions of articles L.217-3 to L.217-20 of the consumer code.
To implement the guarantee for hidden defects or conformity, the consumer must contact us at the following address: email@example.com.
In any case, the guarantee does not cover products that are not compatible with products of another brand, worn products, or products whose breakage or hanger are the result of inappropriate use, overloading, a shock or a fall.
ARTICLE 11 – PROVISIONS OF THE LAW “INFORMATIQUE ET LIBERTES
By adhering to these general terms of sale, the customer consents to Nautix, the controller, collecting and using his personal data for the fulfilment of the contractual commitments, as they appear in these general terms of sale in accordance with the provisions of the amended Data Protection Act and the provisions of the European Regulation nᵒ 2016/679, known as the General Data Protection Regulation (GDPR).
Data: The data collected mainly concerns data relating to the civil status (surname, first name…) and means of communication of customers (example: telephone number, email address). Nautix does not process customers’ bank details.
This collection is done directly by the data communicated by the customer when placing an order.
Purposes of data collection and processing: Nautix collects and processes data for the purpose of administrative and financial processing of orders, the establishment of invoices and deliveries. In these cases, data may be processed for up to 2 years after the end of the commercial relationship.
Nautix commits itself not to use the data collected for any purpose other than those for which they were collected.
The information transmitted is reserved for the exclusive use of Nautix, however the data strictly necessary for the delivery may be communicated to a carrier.
Rights on personal data: In accordance with the French Data Protection Act of January 6, 1978, as amended, as well as the RGPD, the customer has the right to access, rectify, limit, delete, and oppose the personal data concerning him/her on simple request addressed to Nautix.
The customer can also request the portability of his personal data.
The Customer also has the right to withdraw his consent at any time. In such a case, Nautix may be limited in the services it provides to the customer.
The Customer may also ask the Company to obtain:
1. confirmation as to whether or not personal data relating to him/her is being processed
2° Information on the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated; as well as the security measures taken to preserve the confidentiality of personal data;
3° Communication, in an accessible form, of the personal data concerning him/her as well as any available information as to their origin;
The customer can exercise all his rights by contacting Nautix, by e-mail at the following address: firstname.lastname@example.org
The customer also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés. Complaints, claims and queries can be submitted directly via the CNIL website (www.cnil.fr) at the following address: https://www.cnil.fr/fr/plaintes.
ARTICLE 12 – INTELLECTUAL PROPERTY
The intellectual property rights on the products and documents contained in the site and each of the elements created for this site are the exclusive property of Nautix. Nautix does not grant any license, nor any other right than the right to consult the site.
Trademarks and other intellectual property rights mentioned on the www.windsurf-nautix.com website are the property of Nautix or the entities concerned. In particular, Nautix is a registered and protected trademark.
Any reproduction of trademarks, distinctive signs, products and generally of all documents published on the site is prohibited.
By way of derogation, the reproduction of any document published on the site is only authorized for the exclusive purpose of information for personal and private use, any reproduction or any use of copies made for other purposes being expressly prohibited.
The creation of hyperlinks to the windsurf-nautix.com website is authorised. However, the hypertext links must be removed at the first request of Nautix.
ARTICLE 13 – APPLICABLE LAW
The present General Terms and Conditions of Sale as well as all orders placed on the windsurf-nautix.com website are subject to French law.
In case of dispute, the consumer customer will contact Nautix to obtain an amicable solution.
In case of dispute with merchants and/or professionals, only the courts of Lorient (Morbihan, France) will be competent.
In general, in case of dispute, only the French courts will be competent.
ARTICLE 14 – COMPANY DETAILS
24 rue Nicolas Appert
Parc d’activité des 5 Chemins
56520 GUIDEL – FRANCE
N°TVA intra FR25318731593
SAS au capital de 500 032.78€ EUR – NAF 2030Z
SIRET 318 731 593 00014 – email@example.com