The Client acknowledges and guarantees that the subject of this contract falls within the scope of his main professional activity so that the Parties expressly intend to exclude the application of the provisions of sections 2,3 and 6 of chapter one of the Code of the consumption.
Aqua Marine Yacht is a company that develops the sale of “Toys & Water Toys” as well as equipment or fittings.
These general conditions will apply throughout the commercial relationship between Aqua Marine Yacht and the Customer.
These general conditions will enter into force on the day of the signature of the estimate by the Customer, which will therefore be valid as a Contract between the Parties. The contract is concluded for the duration necessary for the supply of the Goods, until the expiry of the guarantees and obligations due by the Seller.
The purpose of this Contract is to define the rights and obligations of the Parties in connection with the Sale of the Goods offered for sale by the Seller to the Customer.
The Customer mainly undertakes to remunerate the Aqua Marine Yacht Company in accordance with what has been agreed between them.
Throughout the duration of the contract, the company Aqua Marine Yacht undertakes to:
Provide a Good in accordance with what has been provided for in the estimate;
Provide after-sales service for
some of the Products which will be mentioned in the quote.
It is understood that the obligations of the company Aqua Marine Yacht are only obligations of means. The latter will make every effort to carry out its mission but under no circumstances can it be held liable in the event of faults and/or errors that are not its fault.
MODIFICATION OF THE CONTRACT, RESPONSIBILITY AND DELIVERY TIME
In the event that the Customer wishes to make substantial changes to the initial order, these may be invoiced by the company Aqua Marine Yacht in addition to the estimate initially agreed.
It is understood that the company Aqua Marine Yacht declines all responsibility in the event of damage that may occur to the Goods in the following cases:
Problems beyond his control;
Manufacturing or design fault;
Hidden defect ;
Intervention of another service provider.
In general, the responsibility of the company Aqua Marine Yacht can not be engaged outside the existence of a gross, intentional or fraudulent fault and this cannot exceed the total amount of the service.
A delivery time will be included in the estimate, but it is understood that this is only indicated as an indication, the times relating to the transport of the goods not being the responsibility of the company Aqua Marine Yacht. Once the goods have been dispatched, the company Aqua Marine Yacht is no longer responsible for them. The Customer will however have the possibility of taking out an insurance policy for the shipment of his goods.
APPLICATION OF THE TARIFF AND CONDITIONS OF PAYMENT
The payment of invoices issued by the company Aqua Marine Yacht will be made, by bank transfer, or bank card, according to the following methods:
50% deposit on the day of signing the quote to validate the order;
And the balance must be received no later than the day the order is dispatched by the supplier or by Aqua Marine, in the absence of payment, the delivery of the order will be suspended.
Any default or late payment will immediately result in the application of late payment penalties at a rate which is three times the legal interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation, plus ten (10 ) percentage points and payment of a fixed indemnity for recovery costs in the amount of forty (40) euros pursuant to Article D441-5 of the Commercial Code.
Penalties are due automatically without any reminder being sent to the Client.
AFTER SALES SERVICE
Aqua Marine Yacht undertakes to provide after-sales service for Seabobs and Jetsurfs insofar as repairs can be carried out in their workshop, i.e. minor repairs not requiring the intervention of the manufacturer. .
In this case, the Customer must return the item to Aqua Marine, which will provide after-sales service in this case if the conditions for payment are met.
Products arriving at the workshop following a return by the Customer for repair are guaranteed up to the purchase price less a percentage relating to the obsolescence of the article as well as his seniority.
Aqua Marine Yacht undertakes to send an estimate as soon as possible to the Client.