GENERAL TERMS AND CONDITIONS OF SALE (GTC)
These general terms and conditions of sale (hereinafter the “General Terms”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website www.marconyachting.com (hereinafter the “SITE”) from SARL YACHTING DISTRIBUTION, registered with the Trade and Companies Register under number 438 604 746, having its registered office at 8 Avenue LASCOS ZI SUD 13500 MARTIGUES, Tel: +33 04 42 81 12 54, email: info@tmarconyachting.com (hereinafter the “SELLER”).
IMPORTANT
Any order placed on the Site necessarily implies the CUSTOMER’s unconditional acceptance of these general terms and conditions.
You have the possibility to register free of charge on the BLOCTEL telephone solicitation opt-out list (www.bloctel.gouv.fr) in order to no longer be solicited by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 relating to consumer protection. Any consumer may register free of charge on this list on the website https://conso.bloctel.fr/index.php/inscription.php.
ARTICLE 1. ENTIRETY
These general terms and conditions express the entirety of the parties’ obligations: the Customer unconditionally accepts all the provisions set out in these GTC. Marçon Yachting undertakes, for its part, to comply with its role as reseller under said conditions.
ARTICLE 2. PURPOSE
These general terms and conditions define the rights and obligations of the parties in the context of the online sale of goods and services offered by Marçon Yachting, from order to delivery, including payment and the use of services made available by Marçon Yachting.
ARTICLE 3. SCOPE OF APPLICATION
These GTC govern the sale of products on the day the customer places the order. They apply to all remote ordering methods offered by Marçon Yachting, internet and telephone.
ARTICLE 4. PURCHASE
Any Customer of the company Marçon Yachting declares that they have full legal capacity enabling them to commit under these general terms and conditions of sale. Marçon Yachting reserves the right to cancel and refuse any order from a Customer with whom there exists, or appears during the processing of an order, a dispute, in particular a dispute relating to the payment of a previous order. The fact for the Customer to tick the box “I have read and accept the General Terms and Conditions of Sale” before proceeding to payment constitutes an irrevocable and uncontestable acceptance which may only be called into question in the limited cases provided for in these conditions under the paragraph “right of withdrawal”. By this act, the Customer acknowledges having read, understood and accepted these conditions.
The Customer may place an order with Marçon Yachting via the Internet 24 hours a day and 7 days a week. The ordering process consists of the following steps:
First, the Customer must select the product(s) they wish to purchase.
The Customer must then validate their shopping cart.
The Customer must check the selected products with the colour and size options, and indicate the quantities requested.
The order can only be recorded on the site if the Customer has clearly identified themselves, either by entering their email address and personal password, or by providing all the information requested for the registration of their order.
For home delivery, the Customer must clearly indicate the information necessary for delivery, in particular the precise delivery address as well as any accessibility restrictions (building, floor, entry code, etc.).
Finally, the Customer must indicate the chosen payment method, in order to pay for the order on the secure interface, which will formalize in a firm and final manner the purchase offer binding them to Marçon Yachting.
Your order is only an offer to purchase our products; it is in no way a contractual agreement that we have accepted. When you order more than one product, your order contains several individual offers to purchase for each product. We must receive full payment for the price of the products and for delivery charges before we can accept an offer. When you choose to pay by PayPal, Stripe, or another banking system, we process the payment at the time we prepare your items for delivery. Any offer to purchase a product will be considered accepted by us only when we dispatch that item and send you a dispatch email containing information about the product. We reserve the right to refuse any offer contained in an order. If a product is not available, we will include information about the unavailable product in the order dispatch email. Any unavailable product will not be included in the contract for a dispatched product. Any order constitutes acceptance of the prices and description of the products available for sale. Online entry, on the form of one of our payment partners, of the bank card number and the final validation of the order by the Customer shall constitute proof of the order and of the sums due for the ordered products.
An email is automatically sent to the Customer to confirm the order, provided that the email address indicated in the registration form does not contain any error.
The Customer may track the status of the order by consulting the “My account” section on the website www.marconyachting.com.
Computerized records, kept in Marçon Yachting’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
ARTICLE 5. INFORMATION ON THE WEBSITE AND ON PRODUCTS
Separate notices and disclaimers govern your use of the website. By accepting these general terms and conditions of sale, you accept the notices and disclaimers. The intellectual property rights for any software and content made available to you on or via the website are our property, or the property of our licensors, and these rights are reserved to us and our licensors. You are not authorized to publish, manipulate, distribute or reproduce in any way and in any format any content or copy of content provided to you or appearing on the website marconyachting.com, and you may not use this content as part of commercial activities. You may use it for a non-commercial purpose if you receive our written permission.
In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to the order, become acquainted on the website www.marconyachting.com with the essential characteristics of the product(s) they wish to order. We do our best to ensure the accuracy at all times of all information on the site, including product descriptions and listed prices. However, errors may occur. We try to resolve any information error on the site as quickly as possible, and if we reasonably believe that this error has affected your purchase of products, we will inform you. However, despite these precautions, we will not be liable in the event of errors on the website.
Remember that when you buy on the internet, the experience is different compared to buying in store. You accept in particular the following points: The colours shown on the site for items depend on many factors, including your display settings. Sizes and measurements are approximations. All items are subject to availability; we may not be able to fulfil your order. Any delivery estimate offered on the website or by email is only an estimate. Products and promotions offered on the website are sometimes not available in store, and vice versa. You are responsible for the confidentiality of your login details, your password and any other account-related details at all times.
Marçon Yachting undertakes to honour orders received within the limit of available stocks. Failing availability of the product(s), Marçon Yachting undertakes to inform the Customer as soon as possible. Availability may vary within the same day depending on sales levels. Marçon Yachting updates availability very frequently, but cannot be held responsible if stock is no longer the same as that indicated. If Marçon Yachting cannot deliver an ordered product, it will inform the customer by email. Marçon Yachting will then dispatch only the available product(s) and will cancel the unavailable product(s) and reimburse them without delay and at the latest within 14 days. No cancellation compensation, other than the partial or full reimbursement of said Order, may be requested except if the non-performance of the contract is attributable to Marçon Yachting. Marçon Yachting cannot be held responsible for the non-performance of the purchase offer if it is attributable to an unforeseeable and unavoidable act of a third party to the contract or to a case of force majeure.
ARTICLE 6. PRICES
The sale prices of the products indicated are expressed in Euros (€) and are inclusive of all taxes (TTC/French VAT included). The sale prices of the products are those in force on the date of the order validation being sent by the Customer. The sale prices of the products may be modified by Marçon Yachting at any time. Prices do not include delivery charges, which are payable by the Customer and are invoiced in addition to the price of the purchased products according to the amount of the order: they will be indicated during the ordering process before the final validation of the order by the Customer.
ARTICLE 7. PAYMENT
Full payment must be made when the Customer places the order. At no time may the sums paid be considered as a deposit or down payment. The Customer may pay for the order online by PayPal, Stripe or another banking system, put in place and validated by the Marçon Yachting team. Marçon Yachting reserves the right to suspend or cancel any execution of an order and/or any delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment dispute being administered, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website www.marconyachting.com. Marçon Yachting reserves the right to request supporting documents from the Customer before validating an order. Indeed, as part of an order verification procedure, Marçon Yachting may ask the Customer to send by email or by post a set of supporting documents. The order will then only be validated after receipt and verification of the documents sent. Failing receipt within 15 days following the placing of the order, the latter shall be deemed cancelled automatically. The Customer can make purchases with complete peace of mind. Marçon Yachting undertakes to do everything possible to ensure the security and confidentiality of data transmitted online, in particular bank details, via its payment partners. Finally, Marçon Yachting retains full and complete ownership of the products sold until full collection of the total price, including principal, costs, taxes and compulsory contributions.
ARTICLE 8. DELIVERY
The website www.marconyachting.com can ship your order to many countries worldwide. For shipments outside the Euro (€) zone, the order will be made in Euros.
If your items have been shipped, we cannot stop the delivery process, but you can return any product you do not wish to keep. To do so, please consult the “Returns” article. Products are delivered to the address indicated by the Customer when ordering. The Customer must check its completeness and conformity. Marçon Yachting cannot be held responsible for input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the order will be entirely borne by the Customer. Marçon Yachting cannot be held responsible for delivery delays if they are attributable to an unforeseeable and unavoidable act of a third party to the contract or to a case of force majeure.
For any order placed via the website www.marconyachting.com and confirmed online, order preparation is carried out within the five working days following the order, within the limit of available stocks and excluding exceptional periods indicated (public holidays / exceptional bridge days / inventories, etc.). An email is sent to the Customer at the time the Products are shipped, provided that the email address indicated in the registration form does not contain any error. Upon receipt of this email, the Customer may take into account the carriers’ announced delivery times.
We do not deliver on public holidays; please take this into account for orders placed on public holidays. Delivery times may be longer during festive periods (Christmas for example). International delivery: taxes, fees or charges may apply according to local legislation in force. The recipient may have to pay import fees or customs duties for deliveries outside France. Customs or import charges are billed as soon as the goods arrive in the destination country and these charges are due and must be paid by the recipient. Unfortunately, we have no control over these charges and we are unable to indicate their amount because customs regulations and import charges vary by country. Delivery times may be longer due to customs procedures, but unfortunately, this is beyond our control. Moreover, some countries apply import restrictions on certain products or materials. It is your responsibility to determine whether there are restrictions on the delivery of our products to the selected destination. You can contact your local customs office regarding these questions.
ARTICLE 9. CANCELLATION AND RETURNS
The Customer has a period of 10 days from receipt of the parcel to exercise the right of withdrawal without having to justify their decision. This period runs from the day of receipt of the products by the Customer. Any return request, as well as any return parcels received after this period, will not be taken into account. Packaging: Products are packaged so as to comply with current transport standards and to ensure optimal protection of the products during delivery. The Customer is asked to comply with these same standards when returning a product. Returned products must be sent back in their original condition and in their entirety (accessories, cover, etc.). Products must be intact, in perfect condition for resale, in a perfectly clean condition; they must not have been worn or used, nor have suffered any deterioration. Any damage observed to a product upon return due to a packaging issue not complying with the required level may result in a partial refund or no refund of the product in the event of impossibility of resale as is or in the event of aggravation of the indicated technical problem. Refunds: Any refund request must include the item(s) to be returned in their original condition accompanied by the original invoice and this within a period of 10 days, by post. Refunds will be made via the initial payment method.
No partial refund will be made. The customer must pay the shipping costs for postal returns, which remain entirely at their expense. However, in the event of an error in the order or if the item has a defect or is unsuitable for the intended use, return shipping costs may be reimbursed, unless the customer decides to keep part of the received order. No costs incurred by the customer with private carriers may be reimbursed. Marçon Yachting undertakes to process order returns as quickly as possible. Refunds are made within 14 days following receipt of the items. (Please note that refund times are governed by your credit card issuer, and we therefore do not control them). Marçon Yachting cannot be held responsible in the event of loss or damage caused to items during transport. The Customer must ensure that items presented in a box are returned in a parcel guaranteeing their protection. Marçon Yachting will have the possibility to contest the cancellation of the order if the products are damaged. Refunds: Please refer to the “returns” page of the website www.marconyachting.com to obtain all return and refund procedures offered by Marçon Yachting.
ARTICLE 10. RELATIONSHIP BETWEEN THE WEBSITE AND THE CUSTOMER
This section sets out the general terms that govern the relationship between the customer and Marçon Yachting during their purchases. Marçon Yachting will not be responsible for the performance of obligations under these general terms and conditions of sale in the event of an event beyond our control: force majeure.
Will be considered as a fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter despite all reasonably possible efforts, including (but not limited to): strikes, pandemics, failures of third-party systems and networks, natural disasters, fires, earthquakes, storms, floods or other natural disasters, social unrest, acts of terrorism, sabotage or malicious damage to equipment and data or damage and destruction of sites or equipment. Neither party shall have failed in its contractual obligations insofar as their performance is delayed, hindered or prevented by a fortuitous event or force majeure. The party affected by such circumstances shall notify the other within ten working days following the date on which it became aware of them. The two parties will then consult each other within one month, unless impossible due to the force majeure event, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue.
ARTICLE 11. NOTICES AND DISCLAIMER
These notices and disclaimers govern your use of our website, www.marconyachting.com. We do our best to ensure that the information on the site is accurate and practical at all times. However, we cannot guarantee the accuracy of the information and are in no way responsible for your use and interpretation of this information except for what has been explicitly accepted by us in any agreement we will enter into with you in writing in the future.
We do our best to ensure that the website works properly at all times, but we do not guarantee the availability or accessibility of the site, and (unless explained in these notices and disclaimers) we are not responsible for any damage, loss, costs or expenses incurred due to the lack of availability or accessibility of the site. Any link (hyperlink or other reference device) used on the site is provided solely for the satisfaction of our customers. The link in no way represents our acceptance or recommendation and does not mean that we are associated with the website in question.
We are not responsible for the content of any website that has links on the website or the legal consequences of any contract established with third parties that provide these websites and we accept no responsibility in the event of loss, damage, expense, cost or other risk that you incur. We are in no way responsible in the event of loss, damage, costs, delay or any other risk whatsoever (including, without limitation, any financial loss such as loss of income) that may result from any event outside our control (including, without limitation, failure of transmission, communication, computer or any other facility, or your inability to access the website for any reason or any failure whatsoever, error or delays in sending or receiving a notice, communication or instruction via publication or any other electronic means).
These conditions contain nothing that excludes, limits or restricts our liability in the event of death or personal injury. Your statutory rights as a customer are in no way affected by the exclusions indicated above. All intellectual property rights and goodwill for or related to the content of the website belong to us or our suppliers. In particular, the trademarks displayed are registered and nothing in these conditions may be interpreted as giving you, implicitly, any right whatsoever to use these registered trademarks without our permission. However, copying or printing web pages containing registered trademarks is permitted within the scope of the permission contained herein. You may download to a local hard drive and print extracts from the site only for personal and non-commercial purposes. You may also copy downloaded extracts for other people for personal and non-commercial purposes. You may not reproduce the content of the website, in whole or in part, in any form whatsoever, except for personal and non-commercial purposes. You may not copy, store or incorporate in any way, into any other website, electronic search system, publication or other work, the content of the website in any form whatsoever (physical, electronic or other copy). You may neither frame nor offer a link to the website or a part of the website without our explicit permission.
The formation, existence, construction, performance, validity and any other aspect of these general terms and conditions of sale, or of any clause of these general terms and conditions of sale, are governed by the laws of France. The French courts have non-exclusive jurisdiction over the resolution of any dispute arising from or in connection with these general terms and conditions of sale or the use of the site. Your statutory rights are in no way affected by these general terms and conditions of sale.
ARTICLE 12. PERSONAL DATA
In accordance with the “Data Protection Act” No. 78-17 of 6 January 1978 as amended, the Customer, the User as well as the recipient of an order from the website www.marconyachting.com have at all times a right of access, modification, rectification and deletion of data concerning them processed by Marçon Yachting, as well as a right to object to the processing of this data for direct commercial prospecting purposes. By default, these rights are exercised with Customer Service. The personal data collected during any Customer order are necessary for the management of the order by Marçon Yachting and its service providers and may be used, subject to the rights exercised by the person concerned, in order to inform them of products or services provided by Marçon Yachting. When registering the Customer or placing an order, or as part of other specific operations, Marçon Yachting offers the Customer or Visitor to be informed of offers from www.marconyachting.com by email (newsletters, event emails and promotional offer emails).
If the Customer or Visitor no longer wishes to receive these informational messages, they may at any time modify their subscription via their personal account in the “My account” section on the site, or inform Customer Service, or via the unsubscribe link contained at the bottom of each of the emails sent.
The Customer or Visitor may also at any time change their choice. Marçon Yachting may use data collection systems such as cookies. A cookie is a computer file stored on the hard drive of the user’s computer. Cookies make it possible to indicate a previous visit by the Customer or User on the site and to link the user to personal data left on the site, in particular as part of identifying the order cart.
ARTICLE 13. ENTIRETY OF CONDITIONS
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding could in no case allow the Customer not to comply with these General Terms and Conditions of Sale.
ARTICLE 14. DURATION AND APPLICATION
These Conditions apply for the entire duration of the online availability of the services offered by Marçon Yachting. Marçon Yachting reserves the right to adapt or modify these general terms and conditions of sale at any time. However, in the event of modifications, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the Site www.marconyachting.com are those accepted by the Customer on the day the order is placed.
ARTICLE 15. LEGAL WARRANTIES
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal warranty of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal warranty applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° Repair or replacement of the goods takes place after a period of thirty days;
3° Repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or where they bear the installation costs of the repaired or replaced goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious that it justifies an immediate reduction in price or rescission of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for the purpose of repair or replacement suspends the warranty that remained to run until delivery of the goods restored to conformity.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
The seller who in bad faith obstructs the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty for hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty gives the right to a price reduction if the goods are kept or to a full refund against return of the goods.
The equipment sold by Marçon Yachting is intended for private individuals. Consequently, Marçon Yachting cannot be held responsible for the direct or indirect consequences linked to the use of the equipment as part of a professional activity.
The warranty does not cover normal wear and tear of a product nor breakage resulting from its use. It also does not apply to the repair of damage resulting from an external cause to the device (for example an accident, an impact, an overvoltage, the presence of water, (and more generally any foreign body in the device, a current fluctuation, oxidation, etc.), installation or connection not in accordance with the manufacturer’s specifications or instructions, use harmful to the proper preservation of the device, professional use, the use of unsuitable peripherals, accessories or consumables, or devices dismantled or modified.
Independently of any commercial warranty that may be granted by Marçon Yachting to the Customer, all products supplied by Marçon Yachting benefit from the legal warranty of conformity provided for in Articles L. 211-4 to L. 211-13 of the French Consumer Code and from the legal warranty for hidden defects provided for in Articles 1641 to 1648 of the French Civil Code. Under these warranties, Marçon Yachting undertakes, at the Customer’s choice, to refund or exchange defective products or products not corresponding to their order.
Articles L. 211-4, L. 211-5, L. 211-7, L. 211-12 and L. 212-13 of the French Consumer Code relating to the legal warranty of conformity:
Article L211-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for lack of conformity existing at the time of delivery.
It is also liable for lack of conformity resulting from packaging, assembly instructions or installation where the latter has been made its responsibility by the contract or has been carried out under its responsibility.”
Article L211-5 of the French Consumer Code: “To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
– have the qualities that a buyer may legitimately expect having regard to public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.”
Article L211-7 of the French Consumer Code: “Lack of conformity that appears within a period of three months from delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Article L211-12 of the French Consumer Code: “The action resulting from lack of conformity is time-barred two years from delivery of the goods.”
Article L211-13 of the French Consumer Code: “The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other contractual or non-contractual action recognised by law.”
Articles 1641 and 1648, paragraph 1 of the French Civil Code relating to the legal warranty for hidden defects:
Article 1641 of the French Civil Code: “The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if they had known of them.”
Article 1648, paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the buyer within a period of one year from discovery of the defect.”
To benefit from the warranty, the Customer must contact MY Customer Service by following the steps below:
Have the order number and the reference of the item concerned (this information is indicated on your purchase invoice).
Send the warranty claim to MY Customer Service by email to the following address: info@marconyachting.com
In order to ensure fast and quality processing of the warranty claim, the Customer will specify their contact details, their order number and the reference of the item concerned and will detail as much as possible the problem encountered and, insofar as possible, attach to the email a photograph of the product defect.
To be able to benefit from the product warranty, it is imperative to keep the purchase invoice for the product.
Contractual warranties do not cover:
– abnormal or non-compliant use of products. In this regard, we invite you to carefully consult the maintenance advice,
– defects and their consequences linked to use not in accordance with the use for which the product is intended,
– defects and their consequences linked to any external cause.
APPENDIX: TEMPLATE WITHDRAWAL FORM
If the Internet user wishes to exercise the right of withdrawal – in compliance with the conditions provided for in Article 9 and in accordance with the regulations in force, they have the possibility to use the form below.
To be sent by email or by post to the address:
For the attention of Yachting Distribution, 8 avenue Lascos, 13500 Martigues – Customer Service
info@marconyachting.com
I/We () hereby notify/notifies () you of my/our () withdrawal from the contract relating to the sale of the goods ()/for the provision of services () below:
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in the event of notification of this form on paper):
Date:
() Delete as appropriate.
Thank you for your understanding and do not hesitate to contact us to discuss your dispute.
Management