TERMS AND CONDITIONS OF SALE (CGV)

CGV comptoir nautique

Preamble


ComptoirNautique.com is an Internet site specializing in the sale of marine electronics to private individuals, published by IPIXO SAS with capital of €20,000.00, whose registered office is at 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 elements of the site are protected by copyright www.ComptoirNautique.com are the exclusive property of IPIXO SAS and are registered. IPIXO SAS is registered with the Registre de Commerce et des Sociétés de MONTPELLIER under SIRET number 539965400 NAF 4791B (TVA intracommunautaire: FR92 539965400)
Formal prohibition on the use and copying of data of any nature whatsoever appearing on the site www.ComptoirNautique.com. Authorization to distribute a single link or hypertext only with the agreement of the Administrative Department Comptoir Nautique in writing. The purpose of these general terms and conditions of sale (hereinafter referred to as the "GTCS") is to inform all customers of the conditions under which IPIXO sells products and services ordered on the site www.ComptoirNautique.com. These conditions of sale shall prevail over any other general or special conditions not expressly approved by Comptoir Nautique. The fact of ordering a product or service on the site www.ComptoirNautique.com implies unreserved acceptance of these terms and conditions, which the customer acknowledges having read before placing the order.
Comptoir Nautique offers its products and services only for metropolitan France and Corsica. Sales to French overseas departments and territories and other countries cannot be made via our website, but only after a telephone call to our customer service department and a customized quotation, including the desired products and the appropriate, adjusted shipping costs. IPIXO SAS reserves the right to modify these terms and conditions at any time and without prior notice. Only the version on the website www.ComptoirNautique.com on the date of the order shall be binding between IPIXO SAS and its customers.



Product features


Comptoir Nautique provides its customers with detailed product sheets with the best possible illustrations so that the customer can take note of the essential characteristics of the products he/she wishes to order. The descriptions on the site are provided by the suppliers of the products concerned. Photographs and descriptions are indicative only and are not binding on the seller.
All products are delivered in their original packaging, with digital or paper instructions for use in French if provided by the supplier. Offers presented by www.ComptoirNautique.com are valid while stocks last.



Rates


Sales prices of products on the site www.ComptoirNautique.com are expressed in Euros and include all taxes. These prices do not include shipping costs, which will be calculated, according to the basket, at the time of order validation by the customer. Any change in the VAT rate may be reflected in the price of products or services. Product sales prices may be modified by www.ComptoirNautique.com at any time. The prices in force are those displayed at the time the order is placed. For products shipped outside the EU or to French overseas departments and territories, the provisions of the French General Tax Code concerning VAT apply. Customs duties, local taxes or import duties may be payable. The customer should check with the local authorities beforehand.

If a customer finds an equivalent offer at a lower price, including delivery costs, on another French website with an online payment system, Comptoir Nautique can make a special offer in the form of a promotional code valid for 24 hours. However, if the Comptoir Nautique do not allow us to match or propose a better offer, the selling price of the product(s) concerned will be that indicated on the site. Comptoir Nautique is under no obligation to its customers to undercut its competitors' prices. The price invoiced at the time of order constitutes firm and final acceptance of the conditions of purchase, delivery and warranty of the device. Any price variation or alignment request subsequent to the date of purchase will not entitle the customer to an additional discount.

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

Detax


For orders delivered in France but destined for a country outside the EU, the customer can request a PABLO form. This form enables the customer to take his product through customs to obtain a tax exemption on his order. Once the form has been validated by customs, we will refund the amount of VAT to the customer, less a handling fee of 20% of the total VAT amount. This fee covers administration and bank charges.
Professional fishermen may also be eligible for invoicing exclusive of VAT on presentation of their "actes de Francisation".
Orders delivered directly outside the EU will be invoiced exclusive of VAT in accordance with articles 262 I,1 and 294 2 of the French General Tax Code.



Order process


Customers wishing to benefit from Comptoir Nautique implies unreserved acceptance of these terms and conditions. In order to validate the order, the customer must :

  • Register on the site by filling in the relevant information form
  • Select the products you want
  • Confirm your order by checking its contents beforehand
  • Proceed to payment by selecting a payment method
  • Validate your payment

On receipt of a favorable response from our banking services (in real time), Comptoir Nautique will confirm the validation of the order on the site 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 bank details) and will constitute proof of the sale.
Please note: the management of Comptoir Nautique will manually validate all orders. The order will not be validated simply because payment has been accepted. Management reserves the right to cancel orders in the event of price display errors or misuse of promotional vouchers.



Payment


Comptoir Nautique offers the customer several payment options. Customers can choose to pay for their order in full by :

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

The payment modules used (3D Secure) are state-of-the-art in terms of data security. And for even greater security, Comptoir Nautique does not record any banking data and transmits the information required for payment using SSL encryption. The customer guarantees that he/she is fully authorized to use the payment card to pay for his/her order.
Payment must be made at the time the order is placed by the customer. The total amount of the order will be cashed by Comptoir Nautique when validating the order. The order is definitive only after validation of payment and, in the case of an order of more than 4 items, agreement by the management. Our banking services, in liaison with the customer's bank, confirm in real time that payment has been made and that the order is therefore final. Goods sold remain the property of Comptoir Nautique until full and unconditional payment of the corresponding claim. Comptoir Nautique reserves the right to cancel an order in the event of non-payment by the customer of any sum due.

Pay your order in 3 or 4 instalments by credit card from €100 up to €3000 with Oney Bank

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

Conditions

This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the chosen financing period. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express are not accepted.

Subscription terms

Once you have completed your order, simply click on the "3x 4x Oney payment by credit card" 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 your personalized financing request, which you must then validate.

Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details linked to your 3x 4x Oney account. You will then 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, print and save them before accepting them. You then notify your electronic acceptance by ticking the appropriate box.

You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and 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 constitutes proof of all transactions between you and Oney Bank.

If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request 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 a 14-day cooling-off period to cancel your loan.

Payment in 3 or 4 instalments by credit card will be offered at the payment choice stage (once your basket has been validated).

How it works

Payment in 3 or 4 instalments by credit card allows you to pay for your order on our merchant site in the following way:

  • A mandatory deposit, debited on the day of confirmation of shipment of your order, corresponding to one third or one quarter of the order, to which are added charges 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 instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.

Payment in 3 instalments from €100 up to €3000. Example: For a purchase of €150, deposit of €52.28 then 2 monthly payments of €50. Loan for 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 €100 up to €3000. Example: For a purchase of €400, deposit of €109.08 then 3 monthly payments of €100. 3-month loan at a fixed APR of 20.31%. Cost of financing: €9.08 up to a maximum of €50.

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

Finance your order in 10 to 60 instalments with credit from €500.00 up to €20,000.00 with Oney

Our partner Oney Bank offers you an uninsured loan from €500.00 to €20,000.00 for 10 to 60 months at a fixed APR of 5.33% to 14.90% and a fixed borrowing rate of 5.20% to 13.95%.

Conditions
This offer is reserved for individuals (natural persons of legal age) residing in France.


Subscription terms

Once you have completed your order, simply select the "Financing in X times" payment method. You will then be redirected to our partner Oney's website, where you will find a detailed summary of your order and your personalized financing application, which you must then validate and sign. You enter your personal details and read the terms and conditions of the loan you wish to take out, which are provided to you in PDF format for your perusal, 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 ask to benefit from 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 to 60 instalments. You have 14 days in which to cancel 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 ask to benefit from 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 in which to cancel your credit.


How it works

Financing in 10 to 60 instalments by credit allows you to pay for the order placed on our site as follows:

  • a compulsory contribution, debited on the day your order is confirmed, corresponding to a percentage of the order,
  • the remainder of the order amount can be spread over the number of remaining monthly instalments, Example: For a purchase of €5000.00 in 10 instalments, you pay a deposit of €500 followed by 9 monthly instalments of €520.40. Financing amount: €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 occasional 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 au capital de 51 286 585€ - Siège social : 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 - France www.oney.fr


Comptoir Nautique acts as an exclusive agent for banking and payment services - ORIAS no.: "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 dispatched within 24 hours of validation of payment and order.
In the event of shortage or unavailability, the customer will be notified by e-mail of the lead times for the products concerned. The customer may then, in accordance with the French Consumer Code :

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

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

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



Delivery


After order confirmation, Comptoir Nautique undertakes to dispatch the products ordered as quickly as possible. Comptoir Nautique sends the customer an e-mail indicating that the order has been dispatched, with a summary of the customer's details and a tracking number if the order is sent by La Poste. The customer can follow the progress of the order by logging on to the La Poste website www.Coliposte.net
A distinction must be made between delivery times and shipping times. Comptoir Nautique prepares and dispatches packages within 24 hours of order confirmation if products are in stock. Delivery times are given as an indication only, because Comptoir Nautique cannot be held responsible for any errors or delays on the part of its carriers. Any delay in delivery shall not give rise to 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 any delay in delivery. Delivery is made to the address indicated by the customer when creating the order in the "Delivery address" field. If the customer has not filled in this information, the order will be sent to the customer's billing address.
Comptoir Nautique will choose the most suitable means of transport for the order, depending on the type of product or its size. Depending on the goods and the buyer's geographical location :

  • Small orders weighing less than 30kg are usually sent by Colissimo suivi, for metropolitan France. Delivery usually within 48 working hours. No Sunday delivery.
  • Some products, due to their weight or size, are shipped directly from the suppliers of Comptoir Nautique (in which case the lead time is generally a little longer).
  • For shipments outside mainland 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 a surcharge for international parcels.



Order reception


Comptoir Nautique advises its customers to unpack and check the 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 on receipt, must make all the usual reservations with the carrier and inform the customer service department within 24 hours Comptoir Nautique. .
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 claim can be made. The words "subject to unpacking" cannot be taken into account in the event of a claim.
  • Refuse delivery. In this case, we invite you to contact our Logistics Department so that an advisor can examine your file and inform you of the procedure to follow.

On receipt of the product refused by the customer, Comptoir Nautique will examine it to check whether the damage has actually occurred. In the event of damage, Comptoir Nautique will exchange or refund the product.



Right of withdrawal


The customer has 14 days from the date of receipt of the order to return the goods At its own expense the product(s) ordered.
Before returning the product, the customer must follow the following procedure:

  • Please have your order number ready.
  • Inform Comptoir Nautique by e-mail and telephone of its intention to withdraw.
  • Comply with the Withdrawal procedure as agreed with the advisor Comptoir Nautique.
  • Return the product with its purchase invoice by registered mail with acknowledgement of receipt, indicating on the parcel the file number assigned by the customer service department of Comptoir Nautique.

Only this type of shipment will be accepted because, in the event of a dispute following the right of withdrawal, the customer must prove that the goods have been reshipped. 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 be unassembled and unused. 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.

Customers who have exercised their right of withdrawal may choose between :

  • Full product refund (excluding fdp)
  • A voucher valid on www.ComptoirNautique.com

In the event of retraction, the purchaser will be reimbursed the amount equal to the price of the item concerned minus the delivery costs incurred by Comptoir Nautique (minimum €11.90 for metropolitan France), within a maximum of 30 days from the date of receipt of the goods by our logistics department.

For oversized packages (VHF antennas, electric motors, radomes, hydrogenerators, wind turbines, etc.), deduction of delivery costs incurred by Comptoir Nautique will be charged at a flat rate of 35.00€.

Professional customers may also exercise their right of withdrawal in accordance with article L121-16-1 of the French Consumer Code.
Visitright of withdrawal between professionalsIs only applicable when the following three 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 of the contract must not fall within the company's core business.
  3. the number of employees must be less than or equal to five.



Warranty


Warranties for products sold on www.ComptoirNautique.com are those granted by the suppliers of the products concerned. Comptoir Nautique cannot be held responsible in any way whatsoever for warranties assumed by suppliers. To benefit from the product warranty, it is compulsory to keep the purchase invoice for the product concerned. This can be downloaded from the customer area on the website www.ComptoirNautique.com Any product returned under warranty must first be diagnosed by one of our technicians Comptoir Nautique and an agreement with the S.A.V from Comptoir Nautique. The customer must contact us to set up the return procedure. Please note that no returns will be accepted without prior authorization from the customer service department of Comptoir Nautique. .
The customer is responsible for any one-way transport costs associated with the application of the warranty. The product under warranty will be exchanged or repaired, at the manufacturer's discretion. Once the work has been completed, the equipment will be returned to the customer at our expense in mainland France and Corsica. For all other destinations, return postage will be charged to the customer.
Special conditions: If the allegedly defective device is returned to us and, after testing in our workshops by our technicians, is found to be working perfectly, and it is in fact a problem with the on-board installation, you will be charged a flat rate of €79.00 (incl. VAT) for processing and return postage. An e-mail will inform you of the procedure to follow to settle these delivery charges.

ATTENTION: Diagnosis by telephone or e-mail does not entitle the customer to automatic warranty coverage. Following prior agreement with the customer and on receipt of the device, one of our technicians will carry out a full diagnosis. On the basis of this report, management will decide whether or not to take the device under warranty. Any damage caused by improper use or maintenance of the appliance (abuse, inappropriate use, breakage, wear and tear, corrosion, etc.) will invalidate your warranty. The warranty does not cover the replacement of consumables.

In the event of equipment replacement under the contractual warranty, the new equipment does not benefit from a new contractual warranty, but from the warranty period remaining until the expiry of the initial contractual warranty.

For non-warranty repairs, the customer must contact our after-sales service department to find out how to send the product. A flat-rate charge of €49 (incl. VAT) will be levied to cover costs incurred. This amount will be deducted from the estimate Comptoir Nautique if the repair is accepted. Our intervention is then guaranteed for three months.



Extended warranty


The customer can subscribe to an additional insurance policy, "Extension de Garantie", which extends the manufacturer's warranty under the same conditions. If the appliance is already covered by a 3-year manufacturer's warranty, the product will not be eligible for "Warranty Extension". To subscribe, eligible products have an insert on the product sheet and in the shopping cart, where the customer is invited 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 offer this insurance. During these promotional periods, customers will then have an additional warranty at no additional or reduced cost. This "Warranty Extension" is active if, and only if, the customer returns 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 device, Comptoir Nautique will carry out a technical diagnosis. If the device is damaged, Comptoir Nautique will handle the after-sales service with the manufacturer on behalf of the customer, and return the repaired product to the customer. The extended warranty will then be activated. If the device is faultless, Comptoir Nautique will return the unit to the customer, and the extended warranty will be activated immediately.

Replacement: If the unit cannot be repaired, Comptoir Nautique undertakes to compensate you on the basis of the initial value less 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 French Consumer Code), to be applied to a replacement device with the same function, to be purchased from Comptoir Nautique. This provision may also be proposed in the event of repairs costing more than the market value defined above. In the same case, Comptoir Nautique may replace the irreparable device with a new one of the same characteristics, applying the above-mentioned obsolescence coefficient to the price. The customer will then be required to pay the difference between the price of the new device and the value of the old device after application of the obsolescence calculation. Should the price of the replacement device be lower than the price of the replaced device, after deduction of the obsolescence factor, the difference will be covered by a voucher valid for one year, which will be returned to the customer. In the event of equipment replacement under the contractual warranty, the new equipment does not benefit from a new contractual warranty, but from the warranty period remaining until the expiry of the initial contractual warranty.

Information technology and freedom


The data collected on the Site is exclusively intended for the use of Comptoir Nautique. They may be transmitted to persons acting under the authority and on the instructions ofComptoir Nautique to whichComptoir Nautique uses, in particular for the execution of services and orders (including 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 collected in this way is kept for no longer than is necessary for the purposes for which it was collected and to enable us toComptoir Nautique to comply strictly and solely with its legal obligations.

In accordance with the French Data Protection Act 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 your personal data. You also have a right to object to the processing of your personal data for legitimate reasons, as well as a 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 option of requesting 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 performance of a contract.

In the online sales process, the seller is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.



Dispute


The parties hereby submit to French law. Any dispute relating to the validity, interpretation and execution of these GCS shall fall within the exclusive jurisdiction of the Montpellier Commercial Court. Comptoir Nautique will store all proof of communications, orders, payments and transactions between the parties, which may be used in the event of a dispute.



Customer service and order tracking


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

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