GENERAL TERMS AND CONDITIONS OF SALE (GTSC)

Preamble

ComptoirNautique.com is an Internet site specializing in the sale of marine electronics to individuals, published by the company IPIXO SAS with a capital of 20 000,00€ whose head office is based: Le Lancaster - 455 Rue Alfred Sauvy - Parc d'Activité de l'Aéroport - 34470 PÉROLS. The name COMPTOIR NAUTIQUE, the graphic charter, the logo and all the elements of the site www.ComptoirNautique.com are the exclusive property of IPIXO SAS and are registered. IPIXO SAS is registered at the Trade and Companies Register of MONTPELLIER under the number SIRET 539965400 NAF 4791B (intra-community VAT: FR92 539965400)
. Formal prohibition of use and copy of data of any nature whatsoever appearing on the site www.ComptoirNautique.com. Authorization to distribute a simple link or hypertext only after agreement of the Administrative Service Comptoir Nautique in writing. The purpose of these general terms and conditions of sale (hereinafter referred to as "GTC") is to inform all customers of the conditions under which IPIXO sells products and services ordered on the www.ComptoirNautique.com website. These terms and conditions of sale will prevail over any other general or particular conditions not expressly approved by Comptoir Nautique. Ordering a product or service on the website www.ComptoirNautique.com implies the unconditional acceptance of these terms and conditions of sale, which the customer acknowledges having read before placing the order.
Comptoir Nautique offers its products and services only for metropolitan France and Corsica. Sales for overseas territories and foreign countries cannot be made on our website but only after a telephone contact with our customer service and a customized estimate, including the desired products and the adapted and adjusted shipping costs. IPIXO SAS reserves the right to modify these terms and conditions at any time and without notice. Only the version available on the www.ComptoirNautique.com website on the date of the order is valid between IPIXO SAS and its customers.

Characteristics of the products

Comptoir Nautique provides its customers with detailed product sheets with the best possible illustrations so that the customer can learn about the essential characteristics of the products he or she wishes to order. The descriptions on the site are provided by the suppliers of the products concerned. The photographs and descriptions are only indicative and do not commit the seller.
All the products are delivered in their original packaging, and with a digital or paper instructions in French if it is proposed by the supplier. The offers presented by www.ComptoirNautique.com are valid while stocks last.

Rates

The sales prices of the products on the site www.ComptoirNautique.com are expressed in Euros and all taxes included. These prices do not include shipping costs, which will be calculated, depending on the basket, at the time of validation of the order by the customer. Any change in the VAT rate may be reflected in the price of products or services. The sale prices of the products can be modified by www.ComptoirNautique.com at any time. The prices in force are those posted at the time of the order. For products shipped outside the EU or in the DOM/TOM, the provisions of the General Tax Code regarding VAT are applicable. Customs duties, local taxes or import duties may be payable. The customer will have to inquire beforehand with the local authorities.

If a customer finds an equivalent offer at a lower price, including shipping costs, on another French website with an online payment system, Comptoir Nautique may make a special offer in the form of a promotional code valid for 24 hours. However, if Comptoir Nautique's purchasing conditions do not allow it to match or offer a better deal, the selling price of the product(s) in question will be that indicated on the site. Comptoir Nautique is under no obligation to its customers to charge less than the competition. The price invoiced at the time of the order is deemed to be a firm and definitive acceptance of the conditions of purchase, delivery, and warranty of the equipment. Any price variation or request for alignment after the date of purchase will not entitle the customer to an additional discount.

Products in the "VERY GOOD DEALS", "SECOND HAND" section are not eligible for special promotions. No additional promotion can be added to the price of these products.

Detaxation

For orders delivered in France but destined to a country outside the EU, the customer can request a PABLO Form. This form allows the customer to go through customs with his product to obtain a tax exemption on his order. Once the form is validated by the customs, we will refund the amount of VAT to the customer minus a handling fee of 20% of the total amount of VAT. This fee covers the administrative management and bank charges.
Professional fishermen may also be eligible for VAT-free invoicing upon presentation of their Francisation certificates.
Orders delivered directly outside the EU will be invoiced exclusive of VAT in application of articles 262 I,1 and 294 2 of the CGI.

Ordering process

The customer who wishes to benefit from Comptoir Nautique's offers assumes unconditional acceptance of these GTC. To proceed with the validation of his order, the customer must :

• Register on the site by filling in the information form
• Select the products he wants
• Validate his order having checked its content beforehand
• Proceed to payment by selecting a payment method
• Validate your payment

Upon receipt of a favorable response from our banking services (in real time), Comptoir Nautique will confirm the validation of the order on the website www.ComptoirNautique.com immediately and a summary e-mail will be sent to the customer. All data provided will be recorded (except the customer's banking information) and will be proof of the sale.
Please note that Comptoir Nautique's management will validate all orders manually. The order will not be validated simply because the payment has been accepted. Management reserves the right to cancel orders in the event of a price display error or misuse of promotional coupons.

Payment

Comptoir Nautique offers the customer several types of payment. Indeed, the customer can choose to pay his order in full by :

• Bank transfer
• Payplug banking module: credit cards accepted: CB, Visa, Mastercard
• Payment in 3 or 4 times via our partner ONEY BANK
• Financing in 10 or 12 times via our partner ONEY BANK

The payment modules used (3D Secure) are state-of-the-art in terms of data security. And for even more security, Comptoir Nautique does not record any banking data and transmits the information necessary for payment in SSL encryption. The customer guarantees that he/she is fully authorized to use the payment card to pay for his/her order.
The payment must be made at the time of the order by the customer. The total amount of the order will be cashed by Comptoir Nautique when the order is validated. The order is final only after validation of the payment and in the case of an order of more than 4 articles an agreement of the management. Our banking services in conjunction with the customer's bank will confirm in real time that the payment has been made and therefore that the order is final. The goods sold remain the property of Comptoir Nautique until full payment is received without reservation. Comptoir Nautique reserves the right to cancel an order in case of non-payment by the customer of any amount due.

Payment of your order in 3 or 4 times by credit card from 100€ up to 3000€ with Oney Bank

Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 times with your bank card.

Conditions

This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the duration of the chosen financing. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.

Terms of subscription

Once you have completed your order, simply click on the "3x 4x Oney credit card payment button". You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and a personalized financing request, which you must then validate.

You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by clicking on the corresponding checkbox.

You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and an irrevocable and unreserved acceptance of the general terms and conditions of the product. In the absence of proof to the contrary, the data recorded by Oney Bank shall constitute proof of all transactions between you and Oney Bank.

If you apply for a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it to study your application for the granting, management and collection of credit. Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have 14 days to withdraw from your loan.

Payment in 3 or 4 times by credit card will be proposed to you at the stage of the choice of payment (once your basket validated).

Operation

The payment in 3 or 4 times by credit card allows you to pay the order made on our merchant site in the following way:

• A mandatory contribution, debited on the day of the confirmation of the shipment of your order corresponding to one third or one quarter of the order, to which are added fees corresponding to 1.52% of the total amount of the order for a 3 times and 2.27% for a 4 times (within the limit of 25€ maximum for a payment in 3 times and 50€ maximum for a 4 times) ;
• Two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days after for the 3 times and at 30, 60 and 90 days after for the 4 times.

Payment in 3 instalments from 100€ of purchase and up to 3000€. Example: For a purchase of €150, a contribution of €52.28 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 20.29%. Cost of financing: €2.28 up to a maximum of €25.
Payment in 4 instalments from a purchase of €100 up to €3000. Example: For a purchase of 400€, contribution of 109,08€ then 3 monthly payments of 100€. Credit over 3 months at a fixed APR of 20.31%. Cost of financing: 9.08€ up to a maximum of 50€.

Solution proposed by Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr.
Correspondence : CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

Financing your order in 10 to 60 instalments with a credit from 500,00 € of purchases up to 20000,00 € with Oney

Our partner Oney Bank offers you an affected credit without insurance valid from 500,00 € to 20000,00 € and from 10 to 60 months at a fixed APR of 5.33% to 14.90% and fixed debit rate of 5.20% to 13.95%.

Conditions
This offer of affected credit without insurance with compulsory contribution, is reserved for the private individuals (major physical persons) residing in France.

Terms of subscription

Once you have completed your order, simply select the payment method "Financing in X times". You will then be redirected to the web page of Oney, our partner, displaying the detailed summary of your order and the personalized financing application, which you must then validate and sign. You enter your personal information, you read the general terms and conditions of the loan you wish to apply for, which are provided to you in PDF format so that you can read them, before accepting them. You then notify your acceptance by electronic signature. In the absence of proof to the contrary, the data recorded by Oney constitutes proof of all transactions between you and Oney. If you apply for a financing solution offered by Oney, the information relating to your order will be transmitted to Oney, which will use it to study your application for the granting, management and collection of credit. Oney reserves the right to accept or refuse your request for financing in 10 to 60 instalments. You have 14 days to withdraw from your loan.

You then notify your acceptance by electronic signature. In the absence of proof to the contrary, the data recorded by Oney constitutes proof of all transactions between you and Oney. If you request a financing solution offered by Oney, the information relating to your order will be transmitted to Oney, which will use it to study your request for the granting, management and collection of credit. Oney reserves the right to accept or refuse your request for financing in 10 or 12 instalments by credit card. You have 14 days to withdraw from your loan.

Operation

The financing in 10 to 60 times by credit allows you to pay the order made on our site in the following way:

• a mandatory contribution, debited on the day of the confirmation of your order corresponding to a percentage of the order,
• A staggering of the remainder of the amount of the order on the number of remaining monthly payments, Example: For a purchase of 5000,00 € in 10 times, you pay a contribution of 500 € followed by 9 monthly payments of 520.40 €. Amount of the financing: 4500,00 €. Cost of financing: 183.60 €. Total amount due : 4683,60 €. Fixed annual borrowing rate of 9.68%. Fixed APR of 10.13%.

Special conditions for specific promotional offers, indicated on the site: Example for a purchase of 2000€ in 10 instalments, you pay a deposit of 200€ followed by 9 monthly instalments of 200€, Total amount due: 1800€. Fixed annual borrowing rate of 0%. Fixed APR of 0%.

Oney Bank - SA with a capital of 51 286 585€ - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias: 07 023 261 - www.orias.fr/welcome - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

Comptoir Nautique acts as an exclusive agent in banking operations and payment services - ORIAS N°: "in the process of registration" - www.orias.fr - head office: Le Lancaster - 455 Rue Alfred Sauvy - Parc d'Activité de l'Aéroport - 34470 PÉROLS

Product availability

The products presented on the site are generally in stock and are shipped within 24 hours following the validation of the payment and the order.
In case of shortage or unavailability, the customer will be notified by e-mail of the supply time of the products concerned. The customer can then, in accordance with the code of consumption:

• Wait for restocking,
• Be delivered a similar item of the same price, while stocks last,
• Be refunded the price of the missing product.

In the case of partial availability, Comptoir Nautique can make a two-part delivery at the customer's request. The products in stock will be sent immediately and the remainder will be :

• Delivered at a later date with no charge for shipping,
• Replaced by similar article,
• Refunded.

Delivery

After confirmation of the order, Comptoir Nautique will ship the products ordered as soon as possible. Comptoir Nautique sends the customer an e-mail indicating that the order has been shipped with a summary of the information and a tracking number if the order is sent by La Poste. The customer can follow the progress of his or her order by logging on to the Post Office's website www.Coliposte.net
. We must differentiate between delivery times and shipping times. Comptoir Nautique prepares and ships packages within 24 hours after order confirmation if the products are in stock. Delivery times are given as an indication only, as Comptoir Nautique cannot be held responsible for possible errors or delays of its carriers. Any delay in delivery cannot result in damages or cancellation of the order by the customer. In all cases, an e-mail will be sent to the customer to inform him of a possible delay in delivery. The delivery is made to the address indicated by the customer during the creation of his order in the "Delivery address" zone. If the customer does not fill in this information, the order will be shipped to the customer's billing address.
Comptoir Nautique will choose the most suitable means of transportation for the order, depending on the type of product or its size. Depending on the goods and the geographical location of the buyer:

• Small orders under 30Kg are usually shipped by Colissimo suivi, for metropolitan France. Delivery usually made within 48 hours. No delivery on sunday.
• Some products, because of their weight or size, are shipped directly from Comptoir Nautique's suppliers (the delay is generally a little longer).
• For shipments outside of metropolitan France, and depending on the destination country and the total weight of the order, Comptoir Nautique reserves the right, after evaluating the shipping costs with the carrier, to charge an additional shipping cost for international packages.

Receipt of order

Comptoir Nautique advises its customers to unpack and check the good condition of the goods in the presence of the carrier. The risks associated with transport are borne by the customer who, in the event of problems noted upon receipt, will make all the usual reservations with the carrier and will inform Comptoir Nautique's customer service within 24 hours.
In the event that the carrier presents a damaged product upon delivery, the customer may :

• Accept the package. In this case, the parcel will be considered as conform and no complaint can be made. The mention "subject to unpacking" cannot be taken into account in case of complaint.
• Refuse delivery. In this case, we invite you to contact our Logistics Department so that a consultant can examine your file and inform you of the procedure to follow.

Upon receipt of the product refused by the customer, Comptoir Nautique will examine it to verify if the damage is real. In the event of damage, Comptoir Nautique will exchange or refund the product.

Right of withdrawal

The customer has a period of 14 days from the date of receipt of his order to return the product(s) ordered at his expense.
Before returning the product, the customer must follow the following procedure:

• Please have the order number ready.
• Inform Comptoir Nautique by e-mail and telephone of his intention to withdraw.
• Follow the withdrawal procedure as agreed upon with the Comptoir Nautique consultant.
• Return the product with its purchase invoice by registered mail with return receipt, indicating on the package the file number assigned by Comptoir Nautique customer service.

Only this type of shipment will be accepted because, in the event of a dispute following the right of withdrawal, the customer must provide proof that the goods have been resent. This proof will only be valid on presentation of a recorded delivery receipt issued by La Poste. Products must be returned to Comptoir Nautique in perfect condition for resale, in their original packaging (packaging, instructions, accessories). They must not have been assembled or used. Any product that is incomplete, damaged or whose original packaging has been damaged will not be accepted for return or exchange. In application of article L.121-20-2 (3°) of the French Consumer Code, digital nautical charts, probes, distress beacons, inflatable products and any other personalized items will not be returned or exchanged. Products on sale will not be returned or exchanged.

The customer who has exercised his right of withdrawal will have the choice between :

• A full refund of the product (excluding fdp)
• A voucher valid on www.ComptoirNautique.com

In case of withdrawal, the buyer will be reimbursed the amount equal to the price of the item concerned minus the amount of shipping costs incurred by Comptoir Nautique (11.90€ minimum for metropolitan France), within a maximum period of 30 days following the date of receipt of the goods by our logistics department.

For parcels out of gauge (VHF antennas, electric motors, radomes, hydro generators, wind turbines, non-exhaustive list) the deduction of delivery costs incurred by Comptoir Nautique will be made at a flat rate of 35.00€. 

The professional customer can also assert his right of withdrawal according to the article L121-16-1 of the Code of the Consumption.
The right of withdrawal between professionals is applicable only when the three following conditions are met:

1. the contract must be concluded off-premises. A contract concluded at a distance does not fall within the scope of contracts concluded off-premises (e.g. on the Internet).
2. the subject matter of the contract must not fall within the company's main field of activity.
3. the number of employees in the company must be less than or equal to five.

Warranty

The guarantees for products sold on www.ComptoirNautique.com are those given by the suppliers of the products concerned. Comptoir Nautique cannot be held responsible in any way for the guarantees assumed by the suppliers. To benefit from the product warranty, it is mandatory to keep the purchase invoice of the product concerned. The customer can download the invoice in his or her customer area on the website www.ComptoirNautique.com. Any product return under the warranty must first be diagnosed by one of our Comptoir Nautique technicians and agreed upon with Comptoir Nautique's after-sales service. The customer must contact us to set up the return procedure. Please note that no returns will be accepted without prior authorization from Comptoir Nautique customer service.
The customer is responsible for all shipping costs related to the application of the warranty. The product under warranty will be, at the manufacturer's option, exchanged or repaired. Once the intervention is completed, the equipment will be returned at our expense to the customer in metropolitan France and Corsica. For any other destination, the return shipping costs will be charged to the customer.
Special conditions: If the supposedly defective device is returned to us and after testing in our workshops by our technicians, it works perfectly and it is in fact a problem of installation on board, the processing and return postage will be charged at a flat rate of 79.00 € TTC. An e-mail will indicate to you the procedure to follow to settle these expenses of delivery.

ATTENTION: A telephone diagnosis or by electronic correspondence cannot give right to an automatic assumption of responsibility via the guarantee. Following a prior agreement with the customer and upon receipt of the device, one of our technicians will make a complete diagnosis. Following his report, the management will decide whether or not the device is under warranty. Any damage caused by improper use and maintenance of the device (abuse, inappropriate use, breakage, wear and tear, corrosion...) will result in the cancellation of your warranty. The warranty does not cover the replacement of consumables.

In case of replacement of equipment in execution of the contractual guarantee, the new equipment does not benefit from a new contractual guarantee but from the guarantee period remaining until the expiration of the initial contractual guarantee.

For any repair out of warranty, the customer will have to contact our after-sales service in order to know the methods of sending. A fixed amount of 49€ including all taxes will be required beforehand to cover the costs incurred. This amount will be deducted from the Comptoir Nautique estimate if the repair is accepted. Our intervention is then guaranteed for three months.

Extended warranty

The customer can subscribe to a complementary insurance, "Warranty Extension", which extends the manufacturer's warranty under the same conditions. If the device is already guaranteed manufacturer 3 years, the product will not be eligible for the Extension of Guarantee". To subscribe, the eligible products have an insert on the product sheet and in the shopping cart where the customer is offered to subscribe. If the customer activates the option, the amount of the insurance will be added to the basket. During certain promotional periods, Comptoir Nautique reserves the right to lower the price or to offer this insurance. During these promotional periods, customers will have an additional warranty at no additional or reduced cost. This "Extended Warranty" is active if, and only if, the customer returns the unit to Comptoir Nautique 1 month before the end of the mandatory manufacturer's warranty. Without this return, the additional warranty will not start. Upon receipt of the unit, Comptoir Nautique will make a technical diagnosis. If the device is damaged, Comptoir Nautique will take care of the after-sales service with the manufacturer on behalf of the customer and return the repaired product. The warranty extension will then be activated. If there is no defect, Comptoir Nautique will send the product back to the customer and the warranty extension will be activated immediately.

Replacement: If the equipment is beyond repair, Comptoir Nautique will compensate you on the basis of the initial value minus a depreciation determined at the rate of 4% per month from the 181st day following the date of delivery (in accordance with Article L 211-7 of the Consumer Code), to be applied to a replacement equipment of the same function, to be purchased from Comptoir Nautique. This provision may also be offered in the event of repairs of an amount greater than the market value defined in the preceding terms. In this case, Comptoir Nautique may replace the irreparable device with a new device of the same characteristics, charging the above-mentioned obsolescence coefficient to the price. The customer will then be required to pay the difference between the price of the new unit and the value of the old one after applying the depreciation calculation. In the contrary case of the price of the replacement device lower than the price of the replaced device, depreciation deducted, the difference will be the subject of a voucher to be used for one year which will be given to the customer. In case of replacement of equipment in execution of the contractual guarantee, the new equipment does not benefit from a new contractual guarantee but from the guarantee period remaining until the expiration of the initial contractual guarantee.

Information technology and freedom

The data collected on the Site is exclusively intended for Comptoir Nautique's own use. It may be transmitted to persons acting under the authority and on the instructions of Comptoir Nautique, to whom Comptoir Nautique calls, in particular in the context of the execution of services and orders (notably management, execution, processing and payment). None of the personal data collected from the Site is communicated or transferred to third parties for commercial purposes. Your personal data is kept for a period that does not exceed the time required for the purposes for which it was collected and to allow Comptoir Nautique to comply strictly and solely with its legal obligations.

In accordance with the "Informatique et Libertés" law of January 6, 1978 and the European Data Protection Regulation of April 27, 2016, you have the right to access, query, rectify, delete, and limit the personal data concerning you. You also have the right to object to the processing of your personal data for legitimate reasons, as well as the right to object to your personal data being used for commercial prospecting purposes. You also have the right to withdraw your consent for processing based exclusively on your consent.

Finally, you have the possibility to request that your personal data be exported to a third party when you have consented to the collection of your personal data or when your personal data has been collected in the context of the performance of a contract.

The seller, in the process of selling online, is only bound by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.

Litigation

The parties submit the present GTC to French law. All disputes relating to the validity, interpretation and execution of these GTCs will be under the exclusive jurisdiction of the Commercial Court of Montpellier. Comptoir Nautique will store all evidence of communication, orders, payments and transactions between the parties that can be used in case of dispute.

Customer service and order tracking

For any information, the Buyer can contact the COMPTOIR NAUTIQUE Customer Service:

• by e-mail to the following address: contact@comptoirnautique.com