The following terms and conditions are entered into between, on the one hand, the company Nauticom and, on the other hand, any person wishing to make a purchase (« the customer ») via the web site www.nauticom.fr .
The present web site www.nauticom.fr (« the web site ») is edited by Nauticom, registered in the Register of Companies under the number 444 327 407, which head office located 40 rue Condorcet - 13016 MARSEILLE.
Phone : +33 491 462 588
Fax : +33 491 464 915
e-mail : email@example.com
VAT : FR 85 444 327 407
The present generals conditions are applicable to all the sales of goods presented on the Site being heard that these offers are reserved for the private individuals of more than 18 years.
- Identification of Nauticom
- presentation esential carateristics of goods
- indication, in Euros of the price of goods, when it is necesary, the shipping fees
- indication payment conditions, shipping and execution
- Revocation right
- Validity duration of the offer or price
- The conditions for cancelation of the contract when this has an unlimited duration or an upper than one year duration
- All those informations are presented in English. The consumer declare having the full juridic capacity than is a necesary condition to involve himself with the present conditions of sales
Article 1 : Wholeness
The present conditions of sales give the whole obligations of the 2 parts. So the consumer accept without any reserve the whole dispositions than are taken in this Sales conditions. No condition gave by the customer can be integrated to this present conditions since the documents can be incompatible with the present sales conditions.
Article 2 : Object
The present sales conditions define the rights and obligations of the two parts for the on-line sales offer by the company NAUTICOM to the consumer.
Article 3 : Contractual documents
The present contract is formed by the following documents, presented in order of importance : the order form, the preesent sales conditions. In case of contradiction between the documents, the dispositions of the superior one will prevail over the other onr dispositions.
Article 4 : Effect - Duration
The present sales conditions are in effect since de date of the signature of the order form. The presents sales conditions are effective during the time wich is necesary to provide the goods ordered, to the end of the warranties gaved by the company NAUTICOM.
Article 5 : Electronic Signature
The double click of the consumer on the order form constitue an electronic signature than has, between the two parts, the same worth than a manual signature.
Article 6 : Confirmation of order
Article 7 : Transaction proof
The contractual informations will be confirmed by an e-mail , in the most later case at the reception of the goods by e-mail, or in default at de shipping address indicated by the consumer in the order form.
The computerized registers, conserved In Nauticom's informatic system in good conditions of security, will be considerate as communication proofs, of orders and payments made between the two parts. The filing of order forms and invoices is made on a reliable and enduring support than can be produced as a proof.
Article 8 : Informations on the products
The company NAUTICOM presents on its web site the products to sell with the necesary caracteristics to respect l'Article L 111-1 du Code de la consommation, wich allows to the potential consumer to know before the order the essential caracteristics of the products he wants to buy.
The offres presented by the company NAUTICOM are valid in the limit of available stocks.
Article 9 : Price
The prices are indicated in Euros and are valid until the day when the customer send the order form to Nauticom. They don't take care of the shipping fees, billed as an extra, and indicated before the validation of the order. The prices take account of VAT applicable the day of the order and every change of the VAT rate will be automatically reflect on the price of the products of the on-line shop. Payment of the whole price must be done at the time of the order. Never, the amount deposited can be considerate as money down.
Article 10 : Method of payment
To pay its order, the consumer dispose of, as one chooses, all the payment methods gaved in the order form. The consumer garantize to NAUTICOM than he has the necesary autorizations to use the payment method he chose when he had valid the order form. The company NAUTICOM is entitled to stop every order or every shipping in the case of refusal autorization of payment by credit card from the oficially acredited organisms or in the case of a non payment. NAUTICOM is entitled make a shipping or to refuse an order from a consumer than had not payed totally or partially a precedent order or with who a payment litigation could be in course. NAUTICOM had put in place a process of verification of the order to assure than nobody can use the bank datas of an other person. Aiming to this verification, the consumer will have to send by fax to the company NAUTICOM a copy of an identity paper and a justification of address. The order will be valid only after reception and anlyse by us of theese informations.
Article 11 : Availability of the products
The order must be handle at the latest in a delay of 3 days since the day after the consumer ordered. In case of unavailability of the ordered product, the consumer will be informed the most quickly and will have a chance to cancel its order. Then,the consumer will have the choice betwwen asking for payback of the amount gaved (in a delay of 30 days after the payment), or to change the product.
Article 12 : Shipping modalities
The products are delivered at hte address indicated by the consumer on the order form. The consumer has to verifiy the good condition of the packing of the goods on delivery and to report the damages due to the transport on the delivery order, and to NAUTICOM, in a delay of 1 week. The consumer can, if he asks for, obtain the shipment of the invoice at the invoice address instead of the shipping adress. For the shipment, we work enssentially with Colissimo Suivi
. Since we maka a shipment, you receive imediately a mail to informe you.
to reduce the shipping fees, all the products with a low glut are shipped by la poste Colissimo Suivi. This company delivers in 48H in the whole France and gives you the possibility to reclaim the products at the closest post office of your shipping address if you are not present on the first visit of the postman. Colissimo Suivi is a service really reliable. However, it is posible, as in every shipment, to have a shipping delay or to loose the porduct. In the case of a delay in comparison with the inicated in mail date, please report to us this delay by phonning to the office or sending an e-mail. Then we will contact la Poste to begin an inquest. It can last up to 21 days since the start date. If during this delay, the product is recovered, it will be transporter imediately to your shipping address (the most cases). If, on the contrary, the product is not recovered at the end of the delay, la Poste consider the packing as lost. It is only on that moment that we can send you another product at our fees. If the product is out of stock at this moment, we will reimburse you the price of the lost product. If the product is available but we have changed its price on the web site, we will apply the new sale price reimborsing you the diference or asking for a payment. We decline every reponsability about delays of shipping caused by the freight operator, notably in case of a strike.
Article 13 : Problem shipping du to the freight operator
Every problem concerning the shipping (damages, missing porduct in comparison with the delivery order, broken products) must imperatively be indicated on the delivery order manually, with the customer signature. The customer must confirm this problem send to the freight operateur a certified mail in the 2 days than follow the delivery date explaining the same problems. The consumer must transmit a copy of this mail to our Customer Departement.
Article 14 : Delivery mistakes
14-a : The consumer must notify to NAUTICOM the same day of the delivery or at latest, the following day of the delivery, every complaint due to the shipping and/or a non conform product in comparison withthe indications than are on the order form. Every complaint made after this delay will be rejected.
14-b : This complaint to the company NAUTICOM can be done by tel at +33 491 462 288 from monday to friday from 9h to 12h.
14-c : Every complaint that will not respect this conditions will not be accepted by Nauticom and will free Nauticom up from its responsabilities
14-d : Receiving the complaint, the company NAUTICOM xill give an exchange numberfor the concerned products a,d will give you this number by e-mail, fax or telephone to the consumer. The exchange of a product can not be done without the attribution of those number.
14-e : Every product that must be exchanged or reimborsed must be send to Nauticom complete and in its complete packing by Colissimo Recommandé.
To be accepted, every return must be reported to the Customer Department of NAUTICOM :
49 / 51 rue Samatan
Fax : +33 491 464 915
The shipping fees are on the charge of Nauticom except if the problem doesn't jibe with the original declaration made by the consumer on the return order.
Article 15 : Warranty of products
In accordance with the Article 4 du décret n°78-464 du 24 mars 1978, the dispositions of the presents can not deprive the consumer to have the legal warranty than oblige the seller to warranty him against all the latent defect of the sold thing. The consumer knows that NAUTICOM is not the manufacturer off the products than are presented in the website, in the sense of the law n°98-389 du 19 mai 1998 wich deals with responsability for defect products. Consequently, in case of damages caused to a person or a good by a defect of the product, the only responsability of the manufacturer can be researched by the consumer, with the informations than are gave on the packing of the products.
Article 16 : Right of revocation
The consumer dispose of a period of 10 workable days to return at its own fees the products that are not convenient to its needs. This period begins since the delivery day. Every returned product must be reported previously to the Customer Department of the company NAUTICOM by phone at +33 491 462 588 from monday to friday 9h to 12h. The product must be returned by Colissimo Recommandé to NAUTICOM, 49 / 51 rue Samatan 13007 Marseille.
The softwares must not have the warranty sticker removed, in order that the consmer can benefit from the revocation right.
Electronic products stay refering to the legal period of 7 days for revocation.
Every porduct than have been damaged or the packing, will not be reimborsed or exchanged.
This right of revocation is runing without penlity. In the case of an exchange of the product the re-shipping of the product will be made at the fees of the consumer.
In case of using the right of revocation, NAUTICOM will do the maximum to reimbourse the customer in a period of 15 jours. However, dealing with the tecnical caracterisics of the items, this period could be extended to 30 days, Particularly when the item needs a technic verification.
The consumer will then be paid off by refunf on the credit card in case of payment by credit card, or by transfer in the other cases.
In case where the product and its packaging would have undergone damages and would prevent the resale as is, expenses supplementary would then be taken on the refund.
Article 17 : Rights of use
The right of use the softxares distributes by NAUTICOM, is given to the consumer non exclusively, personally and non-communicable, in accordance with the Code de la Propriété Intellectuelle. However, according with the Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for establish a saving copy, when this is necesary. The autor has for ever a right on its work, the consumer involves himself in respect this right
Article 18 : Force majeure
None of the 2 parts would heve failed to its contractual obligations, if their execution was delayed, impeded by a fortuitous case or a force majeure. Will be considered as cas fortuit ou force majeure every act or circumptancy iresistible, external of the parts, unpredictable, inevitable, independant of the volountier of the parts. Are considered as case of force majeure earthquakes, tempest, inundations...
Article 19 : Non validation partielle
If one or many conditions of sales are considered as invalid or declared as invalid by a law, of after the decision of a competent juridiction, the other one will conserve all their force and importance.
Article 20 : Non renonciation
Le fait pour l'une des parties de ne pas se prévaloir d'un manquement par l'autre partie à l'une quelconque des obligations visées dans les présentes conditions générales ne saurait être interprété pour l'avenir comme une renonciation à l'obligation en cause.
Article 21 : Title
In case of dificulties of interpretation of the tittle of those clauses, or a clause, the title will be declared non existent.
Article 22 : Law applicable
The present general conditions are propounded to the French Law. In case of a litigation or complaint, the customer will talk first to Nauticom to obtain a friendly solution. In an eventual second time, The consumer could give its complaint at the competent bankruptcy court.
Article 23 : Informatics & Freedom
The informations that are asked at the consumer are necesary to the treatment of its order and can be comunicated to the contractual partners of NAUTICOM are involved in the treatment of this order. If the consumer doesn't want this comunication of its informations, he has to check in the case when he pass its order