ARTICLE 1- INFORMATION CONCERNING EWINCHER
The company EWINCHER, SAS with capital of €279,068,
registered with the RCS of LYON under number 8808 891 691
Head office: 8 Allée des Charmettes 69290 Saint-Genis-les-Ollières.
APE: 3012Z SIRET: 808 891 691 00038
Intracommunity VAT: FR89808891691
Phone number : +33 (0)9 72 83 17 65
EWINCHER is a company specializing in the sector of construction of equipment for pleasure boats. It publishes a range of innovative technological products facilitating the practice of sailing which it markets via its website (http://www.ewincher.com/fr/) Hereinafter referred to as “EWINCHER”
ARTICLE 2 – DEFINITIONS
For the interpretation of these general conditions of sale (hereinafter referred to as “General Conditions”), the following terms will have the meaning indicated below:
Customer: designates the recipient of the Offer;
Order: designates any order placed by the Customer;
Contract: designates all contractual documents which will govern the relationship of rights and obligations between the Parties, including these Conditions General;
Offer: designates the offer of goods (sale of Products) made by EWINCHER;
Parties: designates the Customer and EWINCHER;
Products: designates the products marketed by EWINCHER and any associated element.
Site: refers to the website http://www.ewincher.com/fr/
ARTICLE 3 – GENERAL
These General Conditions are applicable to all sales of Products made by EWINCHER. Any Offer is subject to the clauses and conditions of these General Conditions which form an integral part thereof. The Customer acknowledges having read them and declares to accept them without reservation before accepting the Offer.
These General Conditions establish the contractual conditions exclusively applicable to any purchase of Products made by a Customer having the status of consumer.
3.3 Scope of application
These General Conditions are applicable to any Contract entered into between EWINCHER and its Customers , in France or abroad, regardless of the place of execution and delivery. All other clauses appearing on the documents exchanged prior to the Offer are deemed null and unwritten. In addition, any contrary condition posed by the Customer will, in the absence of express and written acceptance by EWINCHER, be unenforceable against EWINCHER regardless of the time when it may have been brought to its attention.
Any other document that these General Conditions and in particular catalogs, prospectuses, advertisements, notices, has only an informative and indicative value, non-contractual and inferior to these General Conditions.
The nullity of a clause contractual does not result in the nullity of the General Conditions, unless it is an impulsive and decisive clause having led one of the Parties to conclude the Sales Contract. These General Conditions constitute an essential element of EWINCHER's acceptance to contract.
EWINCHER reserves the right to modify these General Conditions at any time, without notice.
The applicable General Conditions are those in force on the date of the Order placed by the Customer.
ARTICLE 4 – FORMATION OF THE CONTRACT
4.1 The Offer
The Offers presented on the Site are reserved for Customers residing in a country in whose territory the Product has been approved or certified and for deliveries in these same geographical areas. EWINCHER reserves the right to cancel or refuse any Order providing for delivery to an address outside this territory.
The Offer is valid for a period of 30 days from its date of issue subject to the actual availability of the Products upon confirmation of the Order, unless expressly otherwise specified in the Offer.
EWINCHER reserves the right to refuse any Order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by Customers as consumers.
In the event of unavailability of the Product ordered, EWINCHER immediately informs the Customer and communicates the availability time. If this period exceeds 45 days, the Customer has the right to cancel his Order.
4.2 The Order
4.2.1 Conclusion Steps
To place an Order, the Customer, after having filled his virtual basket by indicating the Products selected and the desired quantities, then clicks on the “ORDER” button and provides information relating to delivery and payment method.
Before clicking on the “CONFIRM ORDER” button, the Customer has the possibility to check the details of his Order and its total price and to return to the previous pages to correct any errors or possibly modify his Order.
Confirmation of the Order implies acceptance of the General Conditions and forms the contract.
An email acknowledging receipt of the Order and its payment is sent by EWINCHER as soon as possible.
The Customer agrees to receive his invoices exclusively in electronic form.
The Order can only be called into question in the cases exhaustively listed under article 12 of these General Conditions.
All information provided by the Customer when placing the order binds the latter and EWINCHER cannot be held responsible for the consequences in the event of an error.
4.2.2 Changes to the Order
Any request to modify the Customer's Order can only be taken into consideration with the express agreement of EWINCHER and if it was received in writing before dispatch of the Products.
EWINCHER undertakes to deliver a Product conforming to that ordered. EWINCHER may nevertheless make modifications to the Product ordered which are linked to the technical evolution of the latter.
4.3 The Contract
The Contract is concluded in French.
The Product Offerings are not intended for minors under 18 years of age. Minors may only place an Order with the authorization of their legal representatives.
</span >Acceptance of the Offer by the Customer is validated, and the contract formed by confirmation of the order, in particular in accordance with the double click process.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy.
ARTICLE 5 – CHARACTERISTICS OF PRODUCTS PROVIDED BY EWINCHER
The Customer has, prior to his order, become aware of the essential characteristics of the Products he wishes to order by consulting the pre-contractual information communicated to him by EWINCHER before his Order, in particular on the Site.
It is specified that the photographs and graphics appearing on the Site are not are given for information purposes only and cannot constitute a contractual commitment from EWINCHER guaranteeing perfect similarity between the Product ordered and the Product represented.
ARTICLE 6 – PRICE – PAYMENT TERMS
6.1 Sale price
Sales of the Products are provided at the prices in effect on the date the Order is placed and in accordance with the terms of the Offer including an indicative price.
Prices are net, excluding tax, packaging and packaging, in euros. The sale price of the Products does not include shipping costs, which are invoiced in addition to the price.
In the event of a promotional price, EWINCHER undertakes to apply this price to any Order placed during the advertising period for the promotion.
6.2 Price change
Prices are subject to change without notice.
In the event of a price increase subsequent to the Order, EWINCHER undertakes to apply the prices in effect on the day the Order is placed.
6.3 Price due
The price of the Products is payable in cash, in full on the day the Order is placed.
6.4 Payment methods
Payment can be made in cash, by check, by credit card or transfer. Checks and transfers are only considered as means of payment on the date of their actual collection.</ span>
6.5 Payment security
The Site is equipped with an online payment security system allowing the Customer to encrypt the transmission of their banking data.
6.6 Late payment and non-payment
Any late payment leads to the automatic application of penalties amounting to the legal interest rate increased by 10 points. The penalty is incurred as soon as payment is not made. occurred on the due date appearing on the invoice, without formal notice being necessary.
EWINCHER reserves the right to suspend the execution of any obligation in the event of non-compliance by the Customer with its obligations under the Contract and in particular with its payment obligation. In this case, this suspension will be based on the exception of non-performance and cannot be considered as a breach of the Contract nor give rise to any right to compensation for the Customer.
Delay in payment will also have the effect of making all invoices issued due.
ARTICLE 7 – RESERVATION OF TITLE
EWINCHER reserves ownership of the Products until full payment by the Customer. The complete transfer of ownership only occurs after payment of the entire price and its accessories, regardless of the delivery date of the Products.
ARTICLE 8 – DEADLINES
The Products are delivered on the date or within the period indicated on the order form. In the absence of an indication as to the delivery date, EWINCHER undertakes in any event to deliver the Products within a maximum period of thirty days from the placing of the Order.
Deadlines are counted from the time the Order is placed. Any modification of the Order triggers a new deadline.
The overall turnaround time will be reviewed appropriately:
- if the Customer is late in carrying out the services or supplies at his expense, or in the fulfillment of his contractual obligations, in particular if he does not respect his payment obligation ,
- when a cause for exemption arises as provided for in Article 15 below.
ARTICLE 9 – DELIVERY – RISKS – RESERVES
9.1 Place and delivery terms
Delivery will be made to the address indicated on the order form, subject to the provisions of article 4.1.
Delivery of the Order is ensured by the Colissimo service of the Post Office.
Any Order placed on the Site before 2 p.m. from Monday to Friday (excluding public holidays) will be prepared and shipped the day after, subject to validation of payment.
The Customer who has created an account on the Site will have the possibility to follow the status of his Order in his “order tracking” space. The Customer will then be able to know the status of the progress of the preparation of his Order, the date of shipment and delivery of his package to the address he has chosen.
When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check in the presence of the delivery person the condition of the Product delivered and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly refuse the Product and notify EWINCHER.
9.2 Transfer of risk
The risks of loss or damage to the Products are transferred to the Customer when he personally, or a third party he has designated, takes possession of the goods.
Upon receipt of the Products, it is up to the Customer to carry out all checks and make all necessary reservations.
In the absence of reservations expressly expressed by the Customer, the Products delivered by EWINCHER will be deemed to conform in quantity and quality to the Order.
The Customer will have a period of 48 hours from receipt of the Products ordered to issue, by registered letter with request for acknowledgment of receipt, such reservations to EWINCHER.</ span>
No complaint can be validly accepted in the event of non-compliance with these formalities by the Customer.
EWINCHER will replace as soon as possible and at its expense, the Products for which it has previously and formally accepted the return. However, no Product may be returned to EWINCHER if it has undergone any operation which has altered its nature or form in any way.
9.4 Late delivery
EWINCHER is not responsible for delivery delays caused by the indication of an incorrect or incomplete address by the Customer.
When the Product ordered is not delivered at the end of the period mentioned on the Order form, the Customer may, after having unsuccessfully ordered EWINCHER to fulfill its delivery obligation within a reasonable additional period, terminate the Contract by registered letter with acknowledgment of receipt.
The Contract is considered terminated upon receipt by EWINCHER of the letter informing it of this resolution, unless EWINCHER has complied in the meantime.
ARTICLE 10 – GUARANTEE 10
10.1 Information concerning the existence of the guarantee of conformity and the guarantee of hidden defects
All Products supplied by EWINCHER benefit from the legal guarantee of conformity provided for by the specific provisions of the Consumer Code or the guarantee against hidden defects provided for in articles 1641 et seq. of the code civil.
The Products delivered by EWINCHER therefore benefit from the legal and regulatory guarantees in force.
10.2 Implementation of the guarantee of conformity and the guarantee of hidden defects
Denunciation of hidden defects or lack of conformity by the Customer must take place by registered letter.
The Customer benefits in this case:
- a period of two years from delivery of the Product to act for lack of conformity
- a period of two years from discovery of the defect to act on the basis of the guarantee of hidden defects</span >
The Customer must provide any justification as to the reality of the lack of conformity or hidden defects noted, any verification or analysis carried out remaining at its responsibility.
In the event of proven liability on the part of EWINCHER, the defective Products will, at the option of EWINCHER, be repaired or replaced with identical or similar Products.
Any Product is considered defective which does not meet the use determined by the manufacturer. If applicable, defective Products must be returned within a maximum period of one month from their date of delivery. delivery.
In all cases, the guarantees are subject to the condition that the Products are used for purposes consistent with their intended purpose.
They stop automatically if the Customer has undertaken, on his own initiative, modifications to the Products or has used the Products abnormally or not. conform to their destination.
To this end, please remember that the Product is intended exclusively for use on a sailboat winch for maneuvering sails, windlasses, keels and centerboards. The Product must be used by a single person, manually. Any other use is excluded.
ARTICLE 11 – LIABILITY OF EWINCHER
EWINCHER's liability is strictly limited to the obligations defined in the Contract.
The Customer is solely responsible for the choice of Products and their suitability to their needs.
In all cases other than bodily injury caused by a safety defect in the Product, the civil liability of EWINCHER, all causes combined , is limited to the amount of the Products in question and does not cover possible indirect and/or immaterial damages.
ARTICLE 12- RIGHT OF WITHDRAWAL
12.1 Conditions, deadline and terms of exercise
In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of his Product to exercise his right of withdrawal without having to give reasons or pay penalties.
To exercise his right of withdrawal, the Customer must notify EWINCHER of his decision to withdraw from the Contract, by means of an unambiguous declaration.
To do this, the Customer may send EWINCHER the attached withdrawal form (Appendix no. 1).
Notification of withdrawal must be sent to EWINCHER SAS, 9 Rue Nicéphore Niépce, ZA du Palyvestre, 83400 Hyères, France
In the event of withdrawal by the Customer, he must return or return the Product to the following address: EWINCHER SAS, 9 Rue Nicéphore Niépce, ZA du Palyvestre, 83400 Hyères, France.
The Product must be returned no later than fourteen days after the Customer has communicated to EWINCHER the withdrawal form. This deadline is deemed to be respected if the Customer returns the goods of the order before the expiration of the fourteen-day period.
In the event of withdrawal by the Customer, the Customer must bear the direct costs of returning the Product.< span style="font-size: 12pt; font-family: Roboto, sans-serif; color: #7a7a7a; background-color: transparent; font-variant-numeric: normal; font-variant-east-asian: normal; font -variant-alternates: normal; font-variant-position: normal; vertical-align: baseline; white-space-collapse: preserve;">
12.3 Condition of the Returned Product
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The Customer undertakes to return the Products in good condition and to return them complete (packaging, accessories, instructions, etc.).</span >
EWINCHER may defer reimbursement until receipt of the Products covered by the Order and after verification of the absence of depreciation of the Products resulting from their improper handling.
Any Product returned damaged and/or damaged will not be refunded by EWINCHER.
ARTICLE 13 – LEGISLATION AND REGULATION
These General Conditions are established within the framework of the legislative and regulatory provisions in force on the date of establishment of the Offer. If these were to be changed and modify the conditions economics of the Offer or the future Contract, the two Parties would meet to adapt the terms in good faith to the new situation.
The Customer undertakes to respect all legislative and regulatory provisions in force.
ARTICLE 14- MEDIATION
In the event of a dispute, the Customer must first contact EWINCHER at 33 (0)9 52 83 96 65 (non-premium rate number from a landline in mainland France) , Monday to Friday except public holidays or public holidays, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m. or by mail to firstname.lastname@example.org.
In the absence of a solution within 21 days following the Customer's request, it may refer the matter to the Joint Direct Sales Mediation Commission: 100, avenue du Président Kennedy 75016 Paris – tel. : 01 42 15 30 00 – email: email@example.com, who will seek an amicable settlement free of charge.
The Client acknowledges that the Joint Mediation Commission of Direct Sales, chaired by a professor of law and composed of two representatives of consumer associations nationally approved by the Ministry of the Economy and two representatives of Direct Sales professionals, has exclusive competence to deal, within the framework of a mediation process, the disputes arising from this document and the related contract which may subsequently be signed. Neither the client nor EWINCHER may use any other mediation system.
ARTICLE 15 – EXEMPTION CLAUSE
All circumstances beyond the control of EWINCHER occurring after the conclusion of the Contract and preventing the execution under normal conditions are considered grounds for exemption. Circumstances which do not result from a fault on its part and in particular all cases of force majeure are independent of the will of EWINCHER within the meaning of this clause.
ARTICLE 16 – INTELLECTUAL PROPERTY
EWINCHER retains all its intellectual property rights on information, technologies, know-how, user instructions, software, technical documents, inventions and more generally any element which may or may not be protected under intellectual property and relating to its use and proper functioning.
They may not be, without the prior written authorization of EWINCHER, used by the Customer for purposes other than the execution of the Contract, nor copied, reproduced, transmitted, communicated, or sold to third parties.
If necessary, they must be returned at the request of EWINCHER.
The Customer expressly prohibits any disassembly of the Products, any “reverse engineering” operation and more generally any action that may infringe the intellectual property rights of EWINCHER
ARTICLE 17 – PROCESSING OF PERSONAL DATA
EWINCHER, as Data Controller, undertakes to respect the provisions of the law of January 6, 1978 relating to data processing, files and freedoms, amended in 2004 (hereinafter the “Informatics and Freedoms law”).
EWINCHER has IT resources intended to manage its customer-prospect and online sales files and therefore implements processing of personal data, within the meaning of the Data Protection Act.< /span>
These processing operations have been subject to mandatory prior formalities with the National Commission for Information Technology and Liberties (CNIL).
As such, EWINCHER has made a CNIL NS48 declaration bearing the number 2051390v0.
The collection and recording of personal data carried out by EWINCHER has the main purposes of ensuring proper administration of Orders and commercial relations. (Management of the Customer account, shopping cart purchase and Orders, management of deliveries and Order tracking, fight against fraud when paying for the Order).
All of the above processing operations are necessary for the execution of these General Conditions.
In accordance with the Data Protection Act, the Customer has the right to access, rectify, delete and oppose personal data concerning him at any time. to exercise it, the Customer must contact the data processing manager, Mr. Philippe Bouschon, reachable by email, at the following address: firstname.lastname@example.org
EWINCHER will keep personal data confidential for a reasonable period of time.
ARTICLE 18 – DISPUTES IN CASE OF DISPUTES
IN THE EVENT OF DISPUTES, THE COURTS OF LYON WILL HAVE SOLE JURISDICTION, EVEN IN THE EVENT OF A GUARANTEE CALL OR OF PLURALITY OF DEFENDANTS.
THESE GENERAL CONDITIONS OF SALE ARE GOVERNED AND GOVERNED BY FRENCH LAW TO THE EXPRESS EXCLUSION OF THE PROVISIONS OF THE VIENNA CONVENTION ON THE SALE OF GOODS AND THE CONFLICT OF LAWS RULES OF FRENCH PRIVATE INTERNATIONAL LAW.
APPENDIX 1: WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of the company EWINCHER,
< span style="font-size: 12pt; font-family: Roboto,sans-serif; color: #7a7a7a; background-color: transparent; font-weight: 400; font-style: normal; font-variant: normal; text -decoration: none; vertical-align: baseline; white-space: pre-wrap;">
se 9 Rue Nicéphore Niépce, ZA du Palyvestre, 83400 Hyères, France
I/we (*) hereby notify you of my/ our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on(*) /received on(*):_________________________________________________
Name of consumer(s): ________________________________________________
Address of the consumer(s): ____________________________________________
Signature of the consumer(s)
(*) Delete where unnecessary.