GENERAL CONDITIONS OF SALE OF SERVICES AND PRODUCTS
SAILHERO FOREWORD
– « SAILHERO » refers to the company SAILHERO, EURL with a capital of 55.000 € – RCS TOULON 433 164 597, based at 698 Avenue du Docteur Robin 83400 HYERES.
These conditions of sale apply to all products and services delivered and sold by SAILHERO.
– « CLIENT » refers to any physical or moral person, consumers, non-professional or professional buyers to whom SAILHERO provides services.
The signatory to these general conditions of sale (the signature of the estimate is preceded by the mention “good for agreement”) guarantees the payment of the invoice, even though it’s addressed to a third party.
IMPORTANT - By purchasing via the website http://www.sailhero.eu you automatically accept all of the Conditions and Terms of Sale and acknowledge that you have read and understood them prior to your purchase.
– GENERAL PROVISIONS –
ARTICLE 1 – ACCEPTANCE OF AND ACCESS TO GENERAL CONDITIONS AND TERMS
1.1 In general
These general conditions of sale apply to the sale of any product or services delivered by SAILHERO. These conditions are contractually binding.
SAILHERO commits to respect these general conditions of sale with regards to any client requesting so. In addition, the conditions are publicly available on SAILHERO’s website: http://www.sailhero.eu
They will be included with each estimate sent by SAILHERO.
SAILHERO reserves the right to amend the general conditions of sale anytime.
These GCS prevail over all other conditions, namely those that apply within the “DELTA VOILES” network.
The nullity of a contractual provision does not imply the nullity of these general conditions of sale. Any non-respect, whether it be temporary or permanent, of one or more provisions of the GCS on behalf of SAILHERO, does not imply a renunciation of the other provisions provided in the GCS, which remain valid.
1.2 – Online orders
According to articles L. 111-1 and L. 111-3 of the French Consumer Code, the main characteristics and the price of any product for sale are mentioned on the website.
SAILHERO also provides the consumer with information relating to the company’s identity, postal address, phone number and email as well as its activities, and, if applicable, those relating to legal guarantees, the functionalities of the digital content and, the where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
The CLIENT is expressly informed and acknowledges that the website is intended for consumers. Professional buyers are welcome to contact SAILHERO’s commercial service.
The CLIENT purchasing via the website declares being able to commit to these GCS.
The client acknowledges being informed of the possibility to access these GCS in a simple manner, at any moment and on his/her own initiative, by clicking on the link “GCS”. Any order made by the client constitutes a permanent, irrevocable acceptance of all GCS stated below.
ARTICLE 2 – PURPOSE
The purpose of these General Conditions of Sale is to define the modalities of sale between SAILHERO and the CLIENT.
The GCS apply to the sale of any product or service provided directly at the shop 698 Avenue du Docteur Robin 83400 HYERES or via the website http://www.sailhero.eu.
ARTICLE 3 – DEVELOPMENT OF CONTRACT
3.1 – Opposability of the contract
SAILHERO will provide the client with all necessary information and advice before placing the order. The choices made by client during or after the order are under his/her sole responsibility.
The contract is considered as valid upon reception of the estimate signed by the client, with the handwritten mention: “Good for agreement” and upon reception of a down payment or a total payment.
The client acknowledges that his/her agreement via a simple email constitutes his/her acceptance of the estimate as a whole. A down payment implies an agreement and an official acceptance of the estimate.
These General Conditions of Sale can be modified or completed when SAILHERO makes an estimate including different provisions, which then become “Special Conditions” (namely when creating a schedule of interventions, regarding the modalities of the client’s validation and payment modalities, as well as any consideration of technical specificities...)
The archiving of orders and invoices is done via a trusted and stable support in order to maintain conformity with art. 1348 of the Civil Code.
3.2 – Online orders
The agreement becomes valid when the client confirms the order.
According to article L. 213-1 of the French Consumer Code, any agreement made with the client for any amount over 120€ inclusive of VAT will be archived by SAILHERO for ten (10) years.
SAILHERO accepts to archive these information in order to ensure a follow-up of payments and to provide the client with a copy of the agreement upon demand.
ARTICLE 4 – PRICE
The price of items and services published on the website or in-store are in Euros and inclusive of all taxes.
The selling prices do not include shipping fees, which are charged as a supplement.
SAILHERO reserves the right to amend the prices at any time. The prices charged to the client are in line with the prices published on the website at the time of the order.
ARTICLE 5 – ONLINE ORDERS
The registration as “CLIENT” is mandatory to place orders via the website.
The orders are logged on the website following the relevant procedure. Upon completion of the online order, the client is invited to validate the order by clicking on the relevant icon. This validation constitutes an agreement between the company SAILHERO and the CLIENT.
Unless proven wrong, the information saved by the company SAILHERO on the website is a proof of all transactions via the website.
The company SAILHERO reserves the right to cancel any order if a dispute has arisen regarding the payment of a prior order.
The date of the order is the date where SAILHERO receives the order online. The dates noted on the website will become valid at that time.
IMPORTANT - The client should check the content of the order (including the quantity, the characteristics and the references of the ordered products, the billing address, the payment method, the price and the shipping method), before validating the order.
The Client accepts to provide SAILHERO with the following elements for any order relating to nautical products:
- The photos of the vicinity of the product’s installation
- The brand of the boat
- The act of frenchification
- The boat’s serial number
- The hull number
- The name of the boat
- The date of launching
ARTICLE 6 – PRODUCTS
6.1 - In general
SAILHERO endeavours to present and describe its products as precisely as possible.
By obligation of means, SAILHERO commits to publishing product photos, representative of the original products. The photos might differ slightly from the products, but under no circumstances, the responsibility of SAILHERO can be engaged.
6.2 – Availability
The products are commercialised within the limits of their availability.
The non-availability of a product is in most cases noted on the relevant product page.
In any case, if the non-availability of a product is not specified at the time of the order, SAILHERO will inform the client immediately if the product is not available.
In cases where a product is not available, SAILHERO can, if both parties agree, suggest an equivalence with regards to the price and the quality to the client.
If the client cancels an order for non-available products, he/she will get reimbursed for all payments made for the relevant products, within thirty (30) days after payment.
ARTICLE 7 – PAYMENT MODALITIES
7.1 – In-store order
The payment is processed via SAILHERO:
By credit card
By cheque
By cash
The CLIENT agrees to pay 50% in advance for the products and services ordered in-store if the total price is over 200€ incl. VAT and if they are delivered and/or withdrawn in-store.
7.2 – Online orders
The total price shall be paid (product price and shipping fee) after the order confirmation. The payment is made during the order.
The client’s validation of the order implies his/her acceptance of the General Conditions of Sale without exception.
The Client can pay via the website:
- by credit card (CB, Visa or Mastercard)
- by the secured payment system PayPal
The client guarantees to SAILHERO that he/she has all required authorisations to use the chosen payment method.
Payment verification : in order to protect the company against abusive activity of hackers, SAILHERO supervises the orders made via the website. As a part of this procedure, our consumer service might require that you provide some documents in order to validate your order, namely a proof of address with your name or the name of the order recipient, etc.
Secure payments - Protection of bank transfers: CREDIT AGRICOLE PROVENCE CÔTE D'AZUR is the trusted payment service used by SAILHERO. The payment is secured via the CREDIT AGRICOLE PROVENCE CÔTE D'AZUR online payment system. The bank information is only processed online in an encrypted format, i.e. coded in order to make the information totally illegible and will never be stored by SAILHERO.
Delays or refusal of payment: if the bank refuses to charge a credit card or to charge via another payment method, the client shall contact SAILHERO’s consumer service to pay the order with an alternative payment method.
In the case where the payment process of the amount due by the client is refused or cannot be processed by any reasons, the order will be cancelled and the purchase invalidated.
7.3 – Delay penalties
According to the penalty clause and in application of legal provisions, the client shall pay a delay penalty which equals 20% of the total debt.
The delay penalty will be effective 30 days after the expected payment date, until the payment of the total amount. The client shall pay the delay penalties at the same time as the invoice.
SAILHERO does not need to inform the client about the implementation of delay penalties as they apply fully.
In addition, the client needs to pay
- a moratory interest rate which equals three times the legal interest value according to the latest interest rate published at the time of invoicing. The interest rate is automatically due at the end of the contractual term.
- The amount of the lump sum compensation due to collection fee according to articles L 441-6 and D 441-5 of the French Consumer Code.
The payment delay could lead to the withholding of any services being provided according to the agreement, without any prejudice caused to SAILHERO, in order to terminate the agreement specified herein at SAILHERO’s sole discretion.
7.4 – Withdrawal and storage
For any order to be withdrawn in-store, the client agrees to withdraw his/her order as soon as possible.
2 months after the availability notice of the product, the client will be billed a 30€ storage fee, as well as 10€ for each additional week of storage.
ARTICLE 8 – RETENTION OF OWNERSHIP
SAILHERO has the ownership of delivered products until the total payment is received from the client.
The above provisions cannot be applied by the client (or a third party designated by the client). The client is responsible for any risks of loss or damage of products to which the retention of ownership applies, or any risks of damage caused by the products after their reception.
The client is in particular responsible for any risks after the installation of products by SAILHERO, even in the case of unpaid products.
ARTICLE 9 – WITHDRAWAL RIGHT – Applied to clients and consumers ordering online
According to the provisions of articles L. 221-18 and subs. Of the French Consumer Code, for any orders made via the website, the withdrawal delay is fourteen (14) days from the time of pick-up or reception of products by the client in person or a third party designed by the client, other than the transporting party. When an order is made for products shipped separately, the delay begins upon reception of the last product.
In order to use the withdrawal right and return the ordered product(s), the client will inform SAILHERO about his/her decision expressly in a written form (i.e. a postal letter, fax, email). The client can use the below withdrawal form, although not mandatory.
Within fourteen (14) days after having informed the company in writing, the package shall be returned by the client to the following address:
SAILHERO
698 Avenue du Docteur Robin 83400 HYERES
The client can choose the shipment method to return the products. The shipment fee shall be paid by the client. The client remains responsible for any risks or damages during the transport, but SAILHERO bears their responsibility after checking the product condition upon reception.
As per the chosen transport method, the client is responsible for the packing of products in order to send them without the risk of being damaged.
The product shall be returned in whole, along with all accessories and notices, in its original packaging. The client’s responsibility is engaged in case of depreciation of the product due to other manipulations than those necessary to estimate its nature, characteristics and working condition.
SAILHERO will reimburse any payment received, including the transport fee (excluding supplementary costs for a transport method chosen by the client, other than the least expensive one offered by SAILHERO) within fourteen (14) days from the date on which SAILHERO is informed of the withdrawal. The company will make the reimbursement via the same payment method as used for the payment, unless otherwise agreed upon. In any case, the reimbursement will not induct any fees for the client.
SAILHERO can put the reimbursement on hold until it receives the returned product(s) or until the client has provided a proof of shipment, whichever comes first.
The CLIENT shall bear the direct costs of the return.
The withdrawal form is at the bottom of this document.
The right of withdrawal does not apply to in-store orders, to orders made by a professional, or customized products (see “special conditions”).
ARTICLE 10 – SHIPMENT
10.1 – General provisions
Articles ordered via the website or in-store are delivered to the delivery address stated by the client or shall be picked up at the store.
SAILHERO’s invoice is given to the client at the time of pick up or shipment. The invoice should be conserved and can be required at a later date for liability or contractual purposes.
The shipment time is only provided as an example. Longer shipment time than indicated cannot lead to the invalidation of purchase. Delays or non-shipment cannot lead to any compensation for the buyer.
10.2 – Shipment modalities
The products ordered online or in-store can be shipped within France and abroad.
The shipment fee is calculated according to the shipment method and zone.
The shipment fee is due by the client, in addition to the price of the purchased products.
The detailed shipment time and the shipment fee can be found on the website.
10.3 – Product check upon reception and filing of reservation
It is the Client’s responsibility to check the products and their conformity with regards to the order, as well as their condition.
In case the products are not conform to the order or have any defaults, please note the relevant information precisely on the delivery form from the transporting company as well as by mail at: contact@sailhero.euin order to raise reservations.
These reservations as well as all other claims regarding conformity or the condition of goods shall be sent to the transporting company and to SAILHERO within 48 hours.
During delivery, if the original package is damaged, ripped or open, you should check the condition of the packaged products. If the products are damaged, you must refuse the package and note a reservation on the delivery form (package refused: package open or damaged).
In all other cases, you should retain the non-conform, damaged or defaulted products. You will get instructions via email about the steps you should take and the product return modalities. The respect of these delays and provisions is a condition for us taking your reservations into account and find a solution for the order.
In the case of a conformity defect, aesthetic defect or damage, the company SAILHERO will replace the product as soon as possible. The client must ask SAILHERO for a shipping note. The return and shipping costs for the replacement product are paid by SAILHERO.
Under no circumstances, the product can be returned to us by other means. If the replacement with an identical product is not possible, we will either suggest a similar product or invalidate the purchase of the relevant product and reimburse the client.
ARTICLE 11 – INFORMATION - CLAIMS – RETURNS – REPLACEMENT
Any questions, claims or information requests regarding SAILHERO’s conditions of sale shall be sent to the Consumer service by email at : contact@sailhero.eu
Except in cases of a withdrawal on behalf of the Client, no return, reimbursement or replacement of products will be accepted by SAILHERO.
ARTICLE 12 – ADVERTISEMENT RIGHTS
The Client gives SAILHERO the authorisation to publish product photos or services provided by SAILHERO on social media, on SAILHERO’s website and via any communication media for a promotional purpose.
ARTICLE 13 – SUBCONTRACTING
SAILHERO reserves the right, without written objections from the client, to use subcontractors for the work ordered by the client, partly or in whole.
The subcontractor is committed to a results requirement. SAILHERO cannot bear the responsibility of any negligence by the subcontractor.
ARTICLE 14 – LIABILITY
All products available for sale in-store and on the website comply with current French regulations.
SAILHERO cannot be held liable in case of non-compliance with local regulations of the delivery country. It is up the client to contact local authorities and ensure that the products for sale on the website can be imported.
The illustrations and photos on the website are as accurate as possible, but cannot achieve a perfect similarity with the product, especially regarding the colours.
SAILHERO cannot be held liable in case of non-compliance of the product(s) ordered with the existing equipment of the purchaser and/or the user.
If any doubt occurs regarding the characteristics and the features of the product(s), SAILHERO recommends contacting the company’s consumer service for any further information needed by email or by phone.
In general, SAILHERO is not responsible for the non-execution of contract due to a Force Majeure, namely due to a global or partial strike in the postal industry, the transport industry or other external vendors, or due to natural or non-natural disasters.
In the case of extreme conditions or bad weather for all outdoor interventions, SAILHERO reserves the right to change the intervention date. SAILHERO cannot be held liable in this scenario.
In other terms, regarding products purchased to fulfil professional purposes, SAILHERO’s liability is limited to the disputed products, excluding indirect damages related to the use or the non-use of the relevant products, namely operating loss, loss of profit, damages or any costs that might arise.
ARTICLE 15 – GUARANTEE
15.1 – Legal guarantees
All products sold on the website or in-store are subject to the legal guarantees in articles L. 217-4 to L. 217-14 in the French Consumer Code or articles 1641 to 1649 of the Civil Code, namely:
- Article L. 217-4 of the French Consumer Code: “The seller shall deliver goods in compliance with the contract and is liable for any compliance defects, present during the delivery. The seller shall also be liable for any defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller's supervision.”
- Article L. 217-5 of the French Consumer Code: “The goods comply with the contract:
1 - If they are suitable for the use normally expected of similar products and, as applicable: if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model; if they have the qualities that a purchaser can legitimately expect given the declarations made by the seller, the manufacturer or its representative, in particular as regards the advertising or labelling;
2- Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted.”
- Article L. 217-12 of the French Consumer Code: “Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods.”
- Article L. 217-16 of the French Consumer Code: “In a case where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a personal property, for a repair under the terms of such guarantee, and in cases where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period.
This period shall be calculated from the date on which the purchaser submits his request or on which the product concerned is provided for repair, whichever comes first.”
- Article 1641 of the French Civil Code: “A seller is bound to a guarantee on account of the latent defects of the goods sold which render them unfit for their intended use, or which so impair their use that the purchaser would not have bought them, or would have paid a lower price for them, had he or she been aware of the defects”.
- Article 1648 of the French Civil Code: “Action resulting from hidden defects must be taken by the purchaser within two years after discovery of the defect”.
15.1 – Commercial guarantee
SAILHERO commits to reimburse or replace products which are damaged or do not match the order.
All products for sale on the website can imply, in some cases and relevant to their nature, a commercial guarantee by the supplier. It is expressly stated that SAILHERO does not deliver any commercial guarantees.
Our consumer service can provide you with all information regarding the commercial guarantee.
The invoice of the relevant product will be claimed before providing the commercial guarantee.
Despite a possible commercial guarantee, the client is not excluded form the legal guarantees set forth in article 15.1 above.
ARTICLE 25 – APPLICABLE RIGHTS AND ATTRIBUTION OF JURISDICTION
The General Conditions of Sale are subject to French laws.
Shall a dispute arise in connection with the contract regarding its interpretation, its execution or its validity and after efforts to find an amicable solution, the dispute will be brought to Tribunal de Commerce de TOULON, France (83).
ARTICLE 15 – APPLICABLE RIGHTS - DISPUTES
This contract is subject to French laws.
Shall a dispute arise, the client must first and foremost contact the company’s consumer service at 04 94 57 03 17 or by mail at contact@sailhero.eu.
If a resolution cannot be attained within one month following the request, the client can contact Françoise Rouquette, mediator (French departments 04, 05, 13, 83),
The client has the choice to refuse the conciliation, or if appropriate, to accept or refuse the solution suggested by the mediator.
In case of commercial clients, any dispute which arises in connection to the contract will be subject to the jurisdiction Tribunal de Commerce de TOULON.
ARTICLE 16 – PROCESSING OF PERSONAL DATA
SAILHERO collects personal data, both on the website and in-store, including via cookies. Clients can deactivate the cookies by following the instruction provided by the browser.
The data collected by SAILHERO will be used to process orders placed on the website, manage the client’s account, and in case the client checks that option, send commercial notifications, newsletters, promotional offers and/or information on special sales, unless the client does not wish to receive such notifications from SAILHERO.
The clients’ personal data is stored confidentially by SAILHERO for the needs of this contract, its execution to the extent permitted by law.
Clients can unsubscribe at any moment by accessing their account, or by clicking the link on the bottom of each offer sent by email.
The data can be submitted partly or in whole to SAILHERO service suppliers, which intervene in processing the order.
For commercial reasons, SAILHERO can share the name and the contact details of the client to its commercial partners, if agreed upon during the registration on the website.
SAILHERO will specifically ask clients to accept the sharing of their personal data. Clients can change their mind at any time by contacting SAILHERO. In addition, SAILHERO can ask clients if they wish to receive commercial notifications from the company’s partners.
For this reason, the client is invited to read SAILHERO’s confidentiality policy, available on http://www.sailhero.eu, in which more information about personal data protection and data processing on the website can be found.
According to Act n°78-17 of 6 January 1978 about Data Processing, Data Files and Individual Liberties and to Regulation (EU) 2016/679 of the European Parliament and of the Council 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, and repealing Directive 95/46/EC (General Data Protection Regulation), SAILHERO ensures the enforcement of rights for the relevant individuals.
It is reminded that the data subject’s personal information is handled according to the subject’s right of access, right to rectification, to data portability and to erasure of the relevant information in compliance with the provisions of articles 39 and 40 of the French Data Protection Act, and with articles 15, 16 and 17 of the GDPR.
In compliance with the provisions of article 38 of the French Data Protection Act and with article 21 of the GDPR, the data subject shall in addition have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her free of charge.
The client can use his or her rights by writing an email to : contact@sailhero.eu.
The client shall be able to provide a proof of identity.
– SPECIAL PROVISIONS –
The client acknowledges that the special conditions are incorporated to and are inseparable from, the general conditions.
ARTICLE 17– Customized and configurable products
This applies to: sails and rigging, lazybag, lazyjack, boom covers, biminis, sun covers and shade cloths, steering wheel covers, various covers, pillows, seat cushions and sun loungers (non exhaustive list)
17.1 – Liability limitations
For all customized and configurable products, the client acknowledges that the measurements shared with SAILHERO are under his/her responsibility.
SAILHERO cannot be held liable for a measurement error made by the client. SAILHERO has no obligation to control the submitted information. SAILHERO disclaims all liability regarding this provision.
17.2 – Exclusion of the right of withdrawal
According to article L 121-20.2 of the French Consumer Code, the right of withdrawal cannot apply to any product manufactured according to the client’s specifications or customized products.
No withdrawal right will be applicable for customized or configurable products.
ARTICLE 18 – Audit services and expertise of the boat and its equipment
The client acknowledges that SAILHERO acts as a water sport specialist, but under no circumstances as a legal marine surveyor.
SAILHERO only intervenes on visible and accessible parts.
SAILHERO disclaims all liability for hidden defects that might be revealed or for inaccurate or incomplete declarations.
ARTICLE 19 – Various interventions
For all interventions on a boat, on a rigging or on existing equipment, SAILHERO reserves the right to charge a supplementary fee to the client according to the time spent (68€/hour for each employee) if the boat’s or the equipment’s condition has signs of corrosion or ageing, leading to an extended intervention time for SAILHERO.
In the event of any discrepancy between the French original version of these General Conditions of Sale and the English translation, the French version prevails.