GENERAL TERMS AND CONDITIONS OF SALE ON «BENETEAU BOUTIQUE»
1. CONTACTS / CUSTOMER SERVICE
Adress : ZI DU VERT GALANT – 5/7 AVENUE DES GROS CHEVAUX – 95310 SAINT OUEN L’AUMONE - FRANCE
Tel: + 33 (0)1 34 40 29 90
2.1 The General Terms and Conditions of Sale govern the sale by ATLANTIQ (hereinafter « ATLANTIQ ») of BENETEAU promotional products (hereinafter « the Products ») sold on BENETEAU BOUTIQUE website (hereinafter « the Boutique ») at http://laboutique-beneteau.com.
ATLANTIQ can not be held responsible for the unavailability of the website for any reason.
2.2 Sale of the Product is strictly reserved to consumers (hereinafter «the Client»).
2.3 The General Terms and Conditions of Sale shall apply from 1 april 2017 and take precedence over any other document, in all instances.
2.4 The contractual offer shall be in French or English, at the discretion of the Client.
3.1 Products are sold by ATLANTIQ in line with current stock levels.
3.2 The Client will be informed by ATLANTIQ if any Products of the order are out of stock assoon as possible and at the latest within 48 hours. The repayment terms for an ordered Product that has become unavailable are defined in section 8.2.
4.1 To access the Boutique, the Client has to log on tohttp://laboutique-beneteau.com
4.2 Any Client who wishes to place an order of Products has to :
- open a Client account and complete the required fields.
- Enter the order online by indicating the references and quantities of the selected Products that are subject of the order.
- Indicate the address for delivery of the order and billing address.
- Enter the data required for secure online payment.
- Agree to the General Terms and Conditions of Sale.
4.3 In accordance with the tax regulations in force, the price including VAT shall be displayed before the order is confirmed.
4.4 After having confirmed the order, Client pays online in accordance with the provisions of Article 8.2 below. After acceptance of the payment by the Bank, the Client will receive electronic confirmation of receipt from ATLANTIQ setting out the terms and conditions of the order placed and paid for.
4.5 Confirmation of an order implies unreserved acceptance of the General Terms and Conditions of Sale and the waiving of all other terms and conditions.Confirmation of the purchase order constitutes signature and acceptance of the offer of sale.
All data provided by the Client and the confirmation submitted will constitute proof of the transaction.
4.6 Any order of Product implies issuing a delivery note.
4.7 ATLANTIQ reserves the right to refuse to process any order that does not meet the above conditions.
5. RECORD KEEPING
5.1 Record of all orders and invoices will be kept for five (5) years following delivery.
5.2 ATLANTIQ may provide a copy of the order or the invoice at any time, within thirty (30) days of request by the Client.
6.1 Delivery of Products shall be made in Metropolitan France, Corse, overseas departments and territories of France, and abroad.
6.2 Delivery shall be made to the address indicated by the Client on the purchase order.
6.3 Delivery times vary, depending the place of delivery:
- 3 to 4 working days for Metropolitan France and Corse, from the acknowledgment of receipt of the order by ATLANTIQ,
- 5 to 7 working days for overseas departments and territories of France, from the acknowledgment of receipt of the order by ATLANTIQ,
- 8 to 15 working days for abroad, from issue of the acknowledgment of receipt of the order by ATLANTIQ.
6.4 On receipt of the Products ordered, it is up to the Client to indicate in writing on the delivery note any reserves as to quality or quantity, by describing any damage or indicating that a package is missing.
Failing this, the Client will be deemed to have signed the delivery note without any reserves and accepted delivery.
6.5 Title to the Products is transfered to the Client upon the full payment of the Products by the Client.
7. RIGHT TO CANCEL ORDER
7.1 Clients have fourteen (14) days from the date of delivery to exercise their right to cancel their order without having to provide justification or pay any penalties other than the return shipping fees.
7.2 This period of fourteen (14) days runs from receipt of the Products by the Client.
7.3 To exercise their right to cancel order, Clients may use the form available from the Boutique, or any other method of their choice, which must be sent to the address indicated in Article 1. ATLANTIQ will then inform the Client of the procedures to return the Products concerned. These should be returned to ATLANTIQ, in their original packaging, intact and complete (for Products delivered with accessories and documents), within fourteen (14) days, at the latest, of the date on which this right is exercised.
Upon receipt by ATLANTIQ of the Products returned by the Client, the Client will be informed electronically as soon as possible of the receipt of the Products by ATLANTIQ.
It is the Customer's responsibility to provide proof of return of the Products.
7.4 If the right of withdrawal is exercised by a Client, only the price paid by the Client for purchase of the Products concerned, including shipping costs, will be reimbursed by ATLANTIQ.
ATLANTIQ shall reimburse the entire amount of the order immediately, and by the latest within fourteen (14) days of the date on which the right is exercised, by bank transfer to the account that was used by the Client to pay for the Products concerned, or by any other means agreed between ATLANTIQ and the Client, without additional costs for the Client. Reimbursement of the Client may, however, be deferred until recovery of the Products returned or until the Client has provided proof of dispatch of the Products concerned, reimbursement being triggered by whichever of these events occurs first.
8. PRICES AND PAYMENT TERMS
8.1 The prices for the Products indicated in the Boutique are in euros both exclusive and inclusive of VAT.
Shipping fees for the Products are not included in the price of the Products but are indicated on the website when the order is placed, at the end of the order on a separate line.
8.2 Orders placed are paid for directly online through a secure online payment system on acceptance of the order, on debit card.
The Client's bank account is debited prior to dispatch of the order.
In case of unavailability of an ordered Product, the Client will be refunded by bank transfer made at the latest within 48 hours, to the bank account used by the Client for payment of the Product concerned, or via a different means agreed between ATLANTIQ and the Client, at no additional cost to the Client.
9. COMPLAINTS – WARANTIES – AFTER SALES SERVICE
9.1 Any complaint by the Client relating to a defect or a lack of conformity with the order (Articles L211-1 seq. of the Consumer Code), or any hidden defect of the Product (Articles 1641 seq. of the Civil Code) must be made to ATLANTIQ within the statutory deadlines from receipt of the Products delivered.For more information about legal warranties and their time limits, please refer to the legal information appended to the General Terms and Conditions of Sale.
However, defects and damage caused by natural wear and tear or by Client (such as incorrect disassembly, poor maintenance, improper use, water damage, etc.), by a third party or by a force majeure event are excluded from the warranty, as are batteries for devices.
9.2 Products may only be returned with the prior consent ofATLANTIQ.
Complaints must be made by telephone to the customer service at the address provided in article 1, specifying the Client number, order number and reason for the complaint. The customer service will inform the Client of the procedure to be followed according to the case.
Returned Products must be accompanied by a copy of the invoice and/or delivery note, as well as a letter setting out the reason for the return or the "return" form that will be made available by the customer service.
Client agrees to protect and properly pack the Product to be returned in such a way as to guarantee its integrity during its delivery.
After finding the non-conformity or a vice-hidden Product, ATLANTIQ will propose to the Client, as far as possible, an exchange by a Product of the same reference, according to its availability on the Boutique. If this exchange is not possible, the Client will be reimbursed according to the method of settlement that will be agreed with ATLANTIQ, within thirty (30) days.
10. DATA PROTECTION
10.1 Information communicated by Clients through this website allows ATLANTIQ to process and perform orders.
10.2 ATLANTIQ undertakes to comply with all applicable regulations concerning the protection of personal data. As such, ATLANTIQ undertakes in particular to ensure the effective implementation of requests concerning access, rectification, deletion and / or portability of data as well as requests concerning opposition and limitation of data.
11. CLAIMS AND APPLICABLE LAW
11.1 These General Terms and Conditions of Sale are governed by French law.
11.2 In the event of any dispute or claims concerning the execution of these General Terms and Conditions of Sale, the Client may first of all send a reasoned complaint to ATLANTIQ Customer Service at the address given in Article 1 of these General Terms and Conditions of Sale, in order to seek an amicable solution.
If after the reasoned complaint, no amicable solution is found between the Parties, the Client is informed of the possibility of using a free mediation service, set up by ATLANTIQ (via its logistics partner, STACI), and accessible via the website: http://www.mediation-service.fr.
11.2 The competent French courts have sole jurisdiction for all disputes relating to their application.
The Client acknowledges that the Products are marketed under registered trademarks belonging to BENETEAU and that he has no right, whatsoever and for whatever title, on the trademarks which are the exclusive property of BENETEAU.
The Client undertakes not to alter these marks or to use them improperly which would discredit or downgrade.
Article 3 of the Decree of 18 December 2014 relating to the information contained in the General Conditions of Sale in respect of legal guarantees
The seller is bound by any lack of conformity of the Products with the contract under the conditions laid down in Article L.211-4 et seq. of the Consumer Code, and by any hidden defects in the Products sold under the conditions laid down in Articles 1641 et seq. of the Civil Code.
Where consumers claim under the statutory warranty, (i) they have two years from delivery of the Products in which to act; (ii) they may choose between repair and replacement of the Products, subject to conditions relating to costs laid down in Article L211-9 of the Consumer Code, (iii) they are exempt from the requirement to provide proof of the lack of conformity of the Products concerned for six months from delivery of those Products (this period increasing to 24 months from 18 March 2016), (iv) the statutory guarantee of conformity applies regardless of any commercial warranty that may be granted.
The consumer may decide to trigger the warranty against hidden defects of the object sold, as defied in Article 1641 of the Civil Code, and, where this is the case, he/she may choose between termination of the sale or a reduction in the sales prices, pursuant to Article 1644 of the Civil Code.
Article L. 211-4 of the Consumer Code
The seller is bound to deliver an item that conforms to the contract and to remedy any lack of conformity existing on delivery.
It is also liable for any lack of conformity resulting from packaging, or assembly or installation instructions for which it is responsible under the contract or that is performed under its responsibility.
Article L. 211-5 of the Consumer Code
To comply with the contract, the item must be:
1. fit for the purpose usually associated with such an item, and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter indicated to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, producer or representative thereof, notably in advertising or on the label;
2. Or present the characteristics defined by mutual consent by the parties or be fit for any special usage sought by the buyer, and brought to the knowledge the seller and which the latter has accepted.
Article L. 211-7 of the Consumer Code
Any lack of conformity that emerges within six months of delivery of the item is presumed to have existed at the time of delivery, in the absence of proof to the contrary.
The seller may challenge this presumption if it is not compatible with the nature of the item or the lack of conformity invoked.
Article L. 211-10 of the Consumer Code
If repair or replacement of the Products are not possible, the buyer may return the item and be repaid the price, or retain the item and be repaid a portion of the price.
The same option is available:
1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the claim being made by the buyer;
2. Or if this solution cannot be undertaken without any major disadvantage for the latter given the nature of the item and its intended use.
Termination of the sale may not however be undertaken if the lack of conformity is minor.
Article L. 211-12 of the Consumer Code
Legal action resulting from a lack of conformity becomes time barred two years after delivery.
Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended purpose, or that so impair its use that the buyer would not have acquired it, or would only have done so at a lower price, if he/she had been aware thereof.
Article 1644 of the Civil Code
[...] The buyer has the choice of returning the item, being repaid the price, or retaining the item and being repaid a portion of the price, as determined by experts.
Article 1648(1) of the Civil Code
Legal action resulting from hidden defects must be brought by the buyer within two years of discovery of the defect.