Between the company JOVIAL MARINE 15 Traverse du CONGLU, 13008 Marseille
Registered with the Chamber of Trades and Crafts of Marseille under the SIRET number 84898107200020
Represented by Mr. Joel AVERARDO in his capacity as manager, duly authorised for the purposes hereof.
The company can be contacted by email by clicking on the contact form available on the homepage of the website.
Hereinafter referred to as the "Seller" or the "Company".
On one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, "the Buyer", or "the Client"
On the other hand, it has been stated and agreed as follows:
PREAMBLE
The Seller is a publisher of Products and Services for leisure equipment aimed at consumers,
Marketed through its websites (https://www.jovialmarine.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Subject
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
The present General Terms and Conditions of Sale (GTCS) govern the sales of Products or
Services, carried out through the Company's websites, and are an integral part of the
Contract between the Buyer and the Seller. They are fully binding on the Buyer who accepted them before placing the order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable General Terms and Conditions (GTC) are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address:https://www.jovialmarine.com/cgv
The Company also ensures that their acceptance is clear and unconditional by putting in
places a checkbox and a validation click. The Client declares that they have taken note of
the entirety of these General Terms and Conditions of Sale, and where applicable, the Conditions
Specific Sales Terms related to a product or service, and to accept them without restriction or reservation.
The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.
The Client declares that they are able to contract legally under French law or to validly represent the individual or legal entity for which they are committing.
Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in Euros including all taxes (VAT + any other applicable taxes) on the product order page, and excluding specific shipping fees. For all products shipped outside the European Union and/or overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller.
They will be the responsibility of the buyer and fall under their responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary for accessing the Company's websites are to be borne by the Client. If applicable, delivery charges will also be the responsibility of the Client.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order: Information on the essential characteristics of the Product; Choice of the Product, if applicable, and its options – Indication of the essential contact details of the Client (identification, email, address…); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (double-click formalities) and, if necessary, correction of errors. Before proceeding with confirmation, the Buyer has the opportunity to check the details of their order, its price, and to correct any potential errors, or to cancel their order. The confirmation of the order will constitute the formation of this contract. Then, follow the instructions for payment, payment for the products, and then delivery of the order. The Client will receive confirmation by email of the payment for the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a link to these General Terms and Conditions of Sale.
The customer will have the opportunity during the ordering process to identify any errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French. The terms of the offer and the general conditions of sale are sent by email to the buyer at the time of the order and archived on the Seller's website. Where applicable, the professional and commercial rules to which the offeror intends to submit can be consulted in the "additional rules" section of these general terms and conditions, available on the website of the
Seller at the following address:https://www.jovialmarine.com/cgv
The archiving of communications, orders, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
For delivered products, the delivery will be made to the address provided by the Client. In order to ensure the proper execution of the order, the Client agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example, in the case of any abnormal request, made in bad faith, or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of goods, services and their respective prices are set out
the buyer's arrangement on the company's websites, as well as, where applicable, the
product usage instructions. In accordance with Article L112-1 of the Consumer Code, the
the consumer is informed, by means of marking, labelling, display or by any other
appropriate procedure, prices and specific conditions of the sale and execution of the
services before any conclusion of the sales contract. In any case, the total amount due from the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect on the day of the order, which does not include any shipping costs charged additionally. These potential costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer confirms having received a breakdown of the delivery charges as well as the terms of payment, delivery, and execution of the contract, along with detailed information regarding the identity of the seller, their postal, telephone, and electronic contact details, and their activities in the context of this sale. The Seller commits to fulfilling the Customer's order only within the limits of the available stock of Products. If not, the Seller will inform the
Client; if the order has been placed, and in the absence of an agreement with the Client on a new delivery date, the Seller refunds the client.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms are only conferred to the individual signing the order (or the person holding the communicated email address).
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions comply with the current regulations regarding the safety and health of individuals, the fairness of commercial transactions, and the protection of consumers. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers a good that is in conformity with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter has been placed under their responsibility by the contract or has been carried out under their responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or those that do not correspond to the order. A refund can be requested in the following manner: By email to Contact@jovialmarine.com.
Article 7: Retention of Title Clause
The products remain the property of the Company until full payment of the price has been made.
Article 8: Delivery Terms
The products are delivered to the delivery address provided at the time of the order and within the specified timeframes. These timeframes do not take into account the preparation time for the order. When the Customer orders multiple products at the same time, they may have different delivery times.
In the event of a shipping delay, the Customer has the option to terminate the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to refund the product and the "outbound" costs in accordance with the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact telephone number (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.
Article 9: Availability and Presentation
In the event of an item being unavailable for a period exceeding 30 working days, you
You will be immediately informed of the expected delivery times, and the order for this item can be cancelled upon simple request. The Customer may then request a credit note for the amount of the item or a full refund and the cancellation of the order.
Article 10: Payment
The payment is due immediately upon ordering, including for products in
pre-order. The Client can make the payment by credit card or bank cheque. Cards issued by banks based outside of France must necessarily be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transmission over the network.
Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay made by card is irrevocable. By providing their banking information at the time of sale, the Client authorises the Seller to debit their card for the amount corresponding to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the
The sale is immediately resolved by operation of law and the order is cancelled.
Article 11: Right of Withdrawal
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within a period of fourteen (14) days from the date of receipt of their order.
The right of withdrawal can be exercised by contacting the Company by email at contact@jovialmarine.com.
We inform Customers that in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for perishable goods. In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer. Returns of products must be made in their original and complete condition (packaging, accessories, instructions); they should, if possible, be accompanied by a copy of the proof of purchase.
Article 12 : Guarantees
In accordance with the law, the Seller provides the following guarantees: conformity and regarding hidden defects of the products. The Seller will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The request for a refund must be made by email to contact@jovialmarine.com
The Seller reminds the consumer that they have a period of 2 years from the delivery of the goods to take action against the Seller; that they can choose between replacement and repair of the goods subject to the conditions set out in the aforementioned provisions. apparently defective or not corresponding; that they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. except for second-hand goods, this period will be extended to 24 months from 18 March 2016; that the consumer can also invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code and, in this case, they can choose between the cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
The shipping and travel costs, as well as the loss of earnings, are not covered by the warranty.
Article 13: Complaints and Mediation
If applicable, the Buyer may submit any claims by contacting the company using the following contact details: contact@jovialmarine.com
In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code. In the event of a failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently attempt to bring the parties together in order to reach an amicable solution.
Article 14: termination of the contract
The order may be cancelled by the buyer by registered letter with a request for acknowledgment of receipt in the following cases:
— delivery of a product not in accordance with the specifications of the order;
— delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment;
— of unjustified price increase or product modification.
In these cases, the buyer may demand the refund of the deposit paid, increased by interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these general terms and conditions. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.
Article 16 : Force majeure
The performance of the seller's obligations under these terms is suspended in the event of the occurrence of an unforeseen event or force majeure that would prevent its execution. The seller will notify the client of the occurrence of such an event as soon as possible.
Article 17: Nullity and Modification of the Contract
If any of the provisions of this contract were to be annulled, such annulment would not result in the annulment of the other provisions, which shall remain in force between the parties. Any contractual amendment shall only be valid after a written and signed agreement by the parties.
Article 18: Protection of Personal Data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing operation aimed at the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements:
– the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions;
– the contact details of the data protection officer
– the legal basis for processing: contractual performance
– the recipients or categories of recipients of personal data, if they exist: the data controller, its marketing department, the IT security department, the sales, delivery and order department, subcontractors involved in delivery and sales operations, as well as any authority legally authorised to access the personal data in question – no transfer outside the EU is planned – the retention period for the data: the duration of commercial prescription – the data subject has the right to request access to personal data from the data controller, the rectification or erasure of such data, or a limitation of processing concerning the data subject, or the right to object to processing and the right to data portability – the data subject has the right to lodge a complaint with a supervisory authority – the information requested during the order is necessary for the issuance of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
Article 18: Applicable Law and Clauses
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Article 19: Consumer Information
For the information of consumers, the provisions of the civil code and the consumer code are reproduced below: Article 1641 of the Civil Code: The seller is liable for the warranty due to hidden defects of the item sold that render it unfit for the use for which it is intended, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, had they been aware of them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be initiated, under penalty of forfeiture, within the year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers a good that is in accordance with the contract and is liable for any defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the latter has been placed under their responsibility by the contract or has been carried out under their responsibility. Article L. 217-5 of the Consumer Code: The good is in accordance with the contract: 1° If it is fit for the usual purpose expected of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer can legitimately expect in light of the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been communicated to the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from a lack of conformity is subject to a limitation period of two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the duration of the warranty that remained to run.
This period runs from the buyer's request for intervention or from the availability of the item in question for repair, if this availability is subsequent to the request for intervention.
Our general terms and conditions of sale have been developed from a free and open template that
can be downloaded from the site – https://www.donneespersonnelles.fr/