GTC

All technical documents given to our customers concerning products with trademarks registered by NAUTIC SPARES or processes patented by NAUTIC SPARES remain the exclusive property of NAUTIC SPARES, the sole owner of the intellectual property rights on these documents, and must be returned to NAUTIC SPARES on request.

By order, we mean any order for our products listed in our quotations and e-shop, and accepted by our company, accompanied by payment of any deposit stipulated on the order form.

The online ordering process consists of the following steps:

Order : By clicking on the “Confirm your order” icon at the end of the order process, the order is firmly accepted, including delivery charges and taxes.

Acknowledgement of receipt : For all orders placed online, NAUTIC SPARES will send you an acknowledgement of receipt by e-mail. This acknowledgement of receipt includes an order identification number, the identification of the goods ordered, the price inclusive of all taxes, including the price of the products and the amount inclusive of all delivery charges. This acknowledgement means that the order is being processed by NAUTIC SPARES.

Modifications of the conditions of the order : In the event of unavailability of a product after placing of the order, NAUTIC SPARES will inform the customer by electronic way of the new delivery period. The customer may, however, make a request to the Company’s customer service department to cancel the order. In the event of cancellation of the order at the customer’s initiative, NAUTIC SPARES undertakes to reimburse the customer within thirty (30) days of confirmation of the Company’s decision. In case of unavailability of a product, NAUTIC SPARES reserves the right to split the order and to deliver the available products. However, this splitting will not entail any additional delivery charges.

Tracking your order : We invite you to follow the progress of your order directly on our website in the “Your account” tab. You will need to enter your login and password for each consultation.

Printing the elements of your order: We recommend that you store on a computer and/or print a copy of your order, the General Terms and Conditions of Sale, the acknowledgement of receipt, the message modifying the terms of the order, as well as any other message that we may exchange or that you may exchange with NAUTIC SPARES.

Right to refuse an order : Our company reserves the right not to accept an order or not to validate your order and/or to suspend the execution of your order for any legitimate reason, in particular if :

• your order does not comply with the GTC ;
• the quantities of products ordered do not correspond to normal use by a customer acting as a consumer; and one of your previous orders has not been paid for in full by the due date;
• Your order contains a pricing error.

Delivery times are given for information purposes only, and depend in particular on the availability of carriers and the order in which orders are received. The average delivery time for standard destinations is 2 to 5 working days. For atypical destinations, such as islands, remote maritime areas or special customs zones, the average lead time is 1 to 3 weeks.
Our company endeavors to meet the delivery deadlines it indicates on acceptance of the order, based on the logistical lead times used in the industry, and to fulfill orders, except in cases of force majeure or circumstances beyond its control, such as strikes, freezing, fire, storms, floods, epidemics, supply difficulties, without this list being limitative.
Delays in delivery may not give rise to any penalty or compensation, nor be grounds for cancellation of the order.
Any delay in relation to the indicative delivery time initially planned shall not justify cancellation of the order placed by the customer and recorded by our company.

The transfer of risks on the products sold by our company takes place when the products are handed over to the carrier or when they leave our warehouses.

It is the customer’s responsibility, in the event of damage to delivered goods or shortages, to make all necessary reservations with the carrier upon receipt.
Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of receipt from the carrier, in accordance with article L133-3 of the French Commercial Code, and a copy of which will be sent simultaneously to our company, will be deemed accepted by the customer.

Without prejudice to the measures to be taken by the customer vis-à-vis the carrier referred to above, in the event of apparent defects or shortages, any claim whatsoever concerning the products delivered will only be accepted by our company if it is made in writing, by registered letter with acknowledgement of receipt, within the 3-day period stipulated in the above article.
It is the purchaser’s responsibility to provide proof of any defects or shortages.
No goods may be returned by the customer without the express prior written consent of our company, obtained in particular by fax or e-mail.
If, after an inspection, an apparent defect or shortage is found by our company or its representative, the customer may request the replacement of the non-conforming items and/or additional items to make up for the shortages at the company’s expense, without the customer being entitled to claim any compensation or to cancel the order.
Unconditional acceptance of the products ordered by the customer covers any visible defects and/or shortages.
Complaints made by the purchaser in accordance with the terms and conditions described in this article do not suspend payment by the customer for the goods concerned.

In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect for 48 hours, our company reserves the right to suspend all current and/or future deliveries.

If the customer places an order with our company without having paid for the previous order(s), our company may refuse to honour the order and deliver the goods concerned, without the customer being entitled to claim any compensation for any reason whatsoever.

Our prices are set by the quotation in force on the day the order is placed. They are always net, exclusive of taxes and transport costs.
Transport and delivery costs are negotiated on a case-by-case basis between our company and the customer.
Prices are calculated net, without discount and payable on the date stated on the invoice.
Unless otherwise agreed, late delivery does not entail cancellation or modification of the contract. They shall not give rise to any claim for damages.

Our invoices are payable when the order is placed, at the latest 48 hours before the product is dispatched to the customer, except in exceptional cases agreed with the customer.
Payment is made by bank transfer, online payment and credit card.
The due date is shown on the invoice.
Only the actual cashing of bills of exchange will be considered as full payment within the meaning of these general terms and conditions of sale.
Any sum including VAT not paid by the due date will give rise to the payment by the customer of late payment penalties, set at 4 times the legal interest rate. These penalties are payable by operation of law and will be automatically debited from the customer’s account.
No reminder or notice of default is required to trigger late payment penalties.

The transfer of ownership of our products is suspended until full payment of the product price by the customer, in principal and accessories, even if payment terms have been granted. Any clause to the contrary shall be deemed unwritten in accordance with article L624-16 of the French Commercial Code.
The customer may under no circumstances pledge or grant security over unpaid inventory. In the event of non-payment, the customer shall refrain from reselling its stocks up to the amount of the unpaid products.
Our company may also demand, in the event of non-payment of an invoice on the due date, the cancellation of the sale after sending a simple formal notice.
The present clause does not prevent the risks of the goods from being transferred to the purchaser as soon as they are delivered to the latter.
As from delivery, the purchaser is constituted depositary and guardian of the said goods.

Force majeure or fortuitous events are events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders performance of the obligations totally impossible.
The following, in particular, are considered to be cases of force majeure or fortuitous events discharging our company from delivering within the time limits initially set: strikes involving all or part of our company’s personnel or usual carriers, fire, flood, war, production stoppages due to breakdowns, epidemics, pandemics, roadblocks, etc.

Our company elects its registered office as its domicile.
Any dispute concerning the application of these general terms and conditions of sale and their interpretation, their execution and the sales contracts entered into by our company, or the payment of the price, shall be brought before the commercial court of the registered office of our company, irrespective of the place of order, delivery and payment and the method of payment, even in the event of a warranty claim or multiple defendants.
Bills of exchange do not novate or derogate from this jurisdiction clause.
The attribution of jurisdiction is general and applies whether the claim is a principal claim, an incidental claim, or an action on the merits or in summary proceedings.
In addition, in the event of legal action or any other action for recovery of debts by our company, the costs of summons, court costs, as well as lawyer’s and bailiff’s fees and all ancillary costs will be borne by the customer at fault, as well as any costs arising from the customer’s failure to comply with the payment or delivery conditions of the order in question.

The parties hereto agree that, prior to any dispute, an amicable solution will be sought as a matter of priority.
All disputes to which this contract may give rise, concerning in particular its validity, interpretation, performance or termination, will first be submitted to a mediator from the Centre de Médiation TOULOUSE PYRENEES (France), whose rules of procedure can be consulted at www.mediation-toulouse-pyrennées.org.
The most diligent party will refer the matter to the Mediation Centre, which will appoint a mediator who will summon the parties and their counsel, if any, to an initial mediation meeting. Should mediation fail, the parties hereto shall be free to submit the dispute to the competent courts of Toulouse.

The fact that our company does not avail itself at any given time of any of the clauses herein shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

Any question relating to these general terms and conditions of sale and to the sales governed by them, which is not covered by these contractual stipulations, shall be governed by French law, to the exclusion of any other law, and by the VIENNA Convention on the International Sale of Goods.