Definitions :
Customer / Buyer: Non-professional buyer who purchases Products from the Seller. A non-professional Buyer is, on the one hand, a consumer, i.e., any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, and, on the other hand, a non-professional, i.e., any legal entity acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.
Professional Buyer: Buyer who purchases Products from the Vendor as part of their commercial, industrial, craft, liberal or agricultural activity.
Product(s): All the Products offered for sale by the Vendor, as shown in the Vendor’s catalogs. These catalogs describe the Products, present their technical characteristics and determine the corresponding prices. These Products comply with the navigation regulations in force in France and have performances compatible with the expectations of the Customer’s uses (see Product Use).
Product use: The Products are designed for leisure sailing and for navigation in protected waters (up to 2 miles from the coast, i.e. approximately 3.2 km from a shelter); the Product is classified in design category D: pleasure vessel designed for winds of up to force 4* and for waves of up to and including 0.30 meters, with occasional waves of up to 0.50 meters, and for navigation in protected waters.
* Force 4: 11 to 16 knots – 20 to 28 km/h – Nice breeze
Effects of force 4 wind on the sea: Small waves growing by 1 to 2 m, many sheep.
Effects on land of force 4 wind (at a height of 10 m, on flat, open ground): Dust blows away, small branches bend.
Leaflet: contractual document delivered at the same time as the product and describing the assembly of the parts making up the Products, the maintenance and conservation of the Products, the use of the Products; leaflets are accessories to the sale.
1. Pre-contractual information provided to the Buyer
The Buyer acknowledges that, prior to placing an order, signing a contract or purchasing a Product, he/she has read and understood these General Terms and Conditions of Sale and all legal information, in particular information concerning :
- the essential characteristics of the Products,
- Product prices
- delivery charges, and more generally any additional charges,
- the date or time by which the Vendor undertakes to deliver the Product,
- information concerning the identity of the Seller,
- the terms of payment and delivery of the Products,
- how to exercise the right of withdrawal,
- how the Vendor will handle complaints,
- information on legal and contractual warranties and how to make use of them,
- the possibility of resorting to conventional mediation in the event of a dispute under the conditions set out in the French Consumer Code.
The information can be viewed at any time on the Vendor’s website at the following address: https: //iziboat.com/
The purpose of the present terms and conditions of sale is to regulate the relationship between ECOSY BOATING (hereinafter referred to as “the Seller”) and the Buyer, whether professional or non-professional. All sales of Products are subject to the General Terms and Conditions of Sale in force at the time the order is placed. The fact that the Buyer places an order with the Seller implies his full, express and unreserved acceptance of these General Terms and Conditions of Sale.
The Customer declares to have accepted the present General Conditions in their entirety before purchasing any Product.
2. Products
The Products offered for sale by the Vendor are those available in its catalog at the time the order is placed by the Buyer (the Products).
2.1. Product prices
The price of the Products is that shown in the catalog on the day the order is placed.
When the Buyer places an order via the order form on the ECOSY BOATING website, the Price is automatically displayed (“Total basket”).
The price of the Products is indicated exclusive of tax. The Products are subject to VAT (value added tax) in force on the day of the order, the payment of taxes is the responsibility of the Buyer.
When the Buyer places an order via the order form on the ECOSY BOATING website, the amount of VAT is displayed.
2.2. Product orders
Orders for Products from the Vendor are placed by any means in writing by the Buyer.
The Buyer may place an order with the Seller via the ECOSY BOATING website.
On receipt of the order, the Vendor will draw up an Order Form summarizing the Products and accessories for sale. The Purchase Order will also specify the estimated delivery times and payment dates (cf. art. 2.5 and 3). The sale is definitively formed as soon as the Purchase Order is issued by the seller.
2.3 Withdrawal period
The present article applies only to the consumer Buyer, and does not apply in relations with a professional Buyer.
The Buyer has a cooling-off period of 14 days from the date of order.
Upon receipt of the Products, the Buyer has a new cooling-off period of 14 calendar days.
The Buyer must inform the Seller of his decision to withdraw. The burden of proof for exercising the right of withdrawal lies with the consumer.
The Buyer may send the Seller the following standard form to communicate his wish to exercise his right of withdrawal:
Attention: ECOSY BOATING 124a Avenue Denfert Rochereau, 17000 La Rochelle contact@iziboat.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods: Indicate IZIBOAT model and accessories
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
In the event of exercising the right of withdrawal upon receipt of the Products, the Buyer is hereby informed that he/she must return the delivered Products to the Vendor at his/her own expense, at the following address 7 rue des Bordagers 53810 CHANGE, within fourteen days of communicating his/her wish to exercise the right of withdrawal. The direct costs of returning the Products shall be borne by the Buyer and shall not be charged or reimbursed by the Vendor.
The Seller will refund the price upon receipt of the Products using the same means of payment used for the initial transaction.
In the event of damage to the Products resulting from handling that does not comply with the instructions, the Vendor reserves the right to hold the Purchaser liable.
2.4 Deposit payment
The Parties expressly agree that in the event of non-payment of the first instalment by the Buyer (see art. 6 prices), the Sale will be cancelled ipso jure, subject to formal notice remaining unsuccessful.
In the event of payment of the first instalment but non-payment of the second instalment and/or the balance of the price (see art.7), the Seller will retain the instalment paid as a penalty, and the consumer will lose the deposit if he withdraws from the contract. In the event that the Seller does not deliver the goods, the Seller shall return twice the amount of the deposit to the consumer.
This provision applies to the professional Buyer, except in the case provided for in article 2.6 (Promotional sales).
2.5 Payment of the balance
The Parties expressly agree that the Buyer undertakes to pay the balance of the Price before delivery of the Products.
The Parties expressly agree that non-payment of the balance of the price shall not result in automatic cancellation of the sale. The Vendor may, at his discretion: suspend delivery of the Products, pursue payment of the Price against the Buyer, bring about the cancellation of the sale, claim compensation for the consequences of non-payment of the Price. The Seller shall be entitled to retain any deposits paid as a penalty.
This provision applies to the Professional Buyer.
2.6 Promotional sales
When the Buyer places an order with the Vendor for several Products, the Vendor may offer the Buyer payment terms for the deposit and the balance of the price that differ from those set out above.
The dates for payment of installments and the balance of the price, independent of delivery, will be indicated by the Seller to the Buyer in the Purchase Order. The Buyer undertakes to respect the dates of the payment schedule.
In the event that the date of payment of the balance of the price is later than the date of delivery of the Products, it is expressly agreed that the transfer of ownership of the Products will only take place after full payment of the price by the Buyer to the Vendor.
Should the balance of the price not be paid by the Buyer within the stipulated period, the Seller reserves the right to reclaim the Products from the Buyer or from a third party in possession of the Products.
The action in revendication is not exclusive of other sanctions which would not be incompatible, and the Seller will be able, at his choice: to suspend the delivery of the Products, to pursue the payment of the Price against the Buyer, to provoke the resolution of the sale, to ask for compensation for the consequences of the non-payment of the Price.
Regardless of the dates specified in the price payment schedule indicated in the purchase order, it is expressly agreed between the Parties that the Buyer shall pay the deposit and balance invoices within a maximum of thirty (30) days from receipt of the invoice issued by the Seller.
If the Buyer does not pay the invoices issued by the Seller within the period of thirty (30) days indicated, late payment penalties will be due to the Seller. Late payment penalties, payable without the need for a reminder, are determined by applying three times the legal interest rate to the total amount of the unpaid invoice excluding VAT. Late payment penalties are without prejudice to the fixed recovery indemnity provided for in articles L441-10 and D441-5 of the French Commercial Code.
3. Deliveries
3.1. Product delivery times
Products are manufactured to order registered by the Seller, which makes it materially impossible for the Seller to execute the sale immediately, or within 30 days.
The Buyer is informed that the delivery period is a maximum of one year from the date the Products are ordered.
When the Buyer places an order with the Vendor, the Vendor will inform the Buyer of the approximate date on which the products will be delivered.
The Buyer is presumed to accept the approximate delivery date.
3.2 Delivery charges
Delivery charges are added to the sale price and are payable by the Buyer.
The Vendor provides the Buyer with an indicative scale of delivery costs according to the place of delivery.
This information has no contractual value and the Buyer undertakes to pay the delivery charges established by the carrier on the day of delivery.
3.3.1 Transfer of risk – Consumer buyer
The carrier is proposed by the Seller.
In the event that the carrier proposed by the Vendor is refused by the Buyer, who entrusts delivery to a carrier other than that designated by the Vendor, the risk of loss or damage to the Products is transferred to the Buyer when the goods are handed over to the carrier.
In the event that the carrier proposed by the Vendor is accepted by the Buyer, the risk of loss or damage to the Products is transferred to the Buyer at the time he takes physical possession of the Products, or a third party designated by him.
3.3.2 Transfer of risk – Professional buyer
The Parties expressly agree that the Products travel at the risk and peril of the Professional Buyer, including in the case of sales with retention of title (cf. art. 2.6).
3.4. Conditions of carriage of Products – delivery and returns – storage and order
Prior to transport, the Products are packed by the Seller in the packaging it produces for this purpose (crates and transport covers).
Products are delivered in their original packaging.
The Buyer undertakes to retain and use the original packaging for the storage and return of the Products.
3.5. Reservations to the carrier
On receipt of the packages, the Buyer must make any necessary reservations with the carrier to safeguard his rights. In the event of damage, delays, missing packages observed and/or caused by the transport of the Products, and regardless of the place of delivery, it is the Buyer’s responsibility to :
– record your reservations with the carrier on the delivery note, which you must sign and date,
– confirm the complaint with the carrier and send a copy to the Vendor either by e-mail within 48 working hours of delivery of the products, or by registered letter with acknowledgement of receipt within 96 working hours of delivery of the products. In the event of non-conforming delivery, the absence of reservations declared by the professional Buyer on delivery will result in forfeiture of the conformity guarantee.
– in the event of reservations concerning damage and/or defects, the complaint must contain photographs of all the parts making up the Products.
– at all times, keep the Products concerned at the disposal of the carrier or any third party designated by the carrier.
4. Non-conformity with the order – Apparent defect – Consumer buyer
The present title (articles 4.1 to 4.3) applies only to the Consumer Buyer, and does not apply in relations with a Professional Buyer.
4.1. Principles
The Vendor undertakes to deliver Products that comply in all respects with the Order, with good practice, with legal and regulatory obligations and with current French standards.
Furthermore, the Vendor is liable for defects in conformity existing at the time of delivery of the Product. Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
The Vendor shall not be held liable in the event of misuse of the Product, use that does not comply with the instructions provided by the Vendor, use for professional purposes, negligence or lack of maintenance on the part of the Buyer, or in the event of normal wear and tear of the Product or failure in the event of an accident.
The Vendor’s warranty is, in any event, limited to the replacement or repair of non-conforming or defective Products.
Defects which appear as a result of the Products not being used in accordance with the Seller’s recommendations (e.g. going out to sea in winds of over force 4 and waves of over 0.5 m, maintenance and storage not in accordance with the Seller’s instructions) are excluded from the conformity warranty.
Also excluded from the guarantee of conformity are defects which appear and which are the consequence of :
– Modifications or interventions by the Buyer or third parties on the Products under conditions not expressly approved by the Seller, defects or damage caused by fault or negligence on the part of the Buyer or users.
– Non-compliance with the Seller’s instructions, in particular the assembly, use and maintenance instructions.
– Lack of supervision or maintenance, routine maintenance and replacement of parts due to normal wear and tear.
– Damage resulting from use by the Buyer and not resulting from a safety defect in the product (e.g. striking a rock, going out on abrasive sand, failure to follow the maintenance manual, etc.).
4.2 Buyer information
The Buyer acknowledges having been informed, even before any Order is issued, and declares that he/she is fully aware of the legal warranties from which he/she benefits by right and without additional payment on the Products, namely :
- the legal guarantee of conformity provided for in the French Consumer Code for Products that appear to be defective, or that do not correspond to the Order, and enabling the Customer to obtain, within two years of delivery of the Product, free of charge, the repair or replacement of the Product.
- the legal warranty for hidden defects provided for in the French Civil Code, arising from a material, design or manufacturing defect affecting the Product delivered and rendering it unfit for use, under which the Customer may request, within two years of discovery of the defect, total or partial reimbursement of the Product which has proved unfit for the normal use for which it was intended.
4.3 Installation
In order to assert his rights, the Buyer must inform the Vendor in writing of the non-conformity of the Products within the above-mentioned time limits.
Upon receipt of the written notice, the Vendor will immediately inform the Buyer whether the Products can be replaced or whether the Products must be repaired, at no cost to the Buyer.
In the case of replacement, the Seller will send, at its own expense, the spare parts needed to replace the defective part(s) of the defective Product, within 30 days of the customer’s complaint.
In the case of repair, the Seller will carry out the repair in the factory on the production site. In order for defective parts to be transported without risk, the Buyer must return the defective parts to the Vendor in their original transport packaging, delivered with the Products.
The cost of transporting defective Products for repair shall be borne by the Seller. Upon receipt, the Vendor shall repair the defective parts as soon as possible, and in all cases shall make every effort to do so within 30 days of the customer’s complaint.
If the Buyer has not kept the original packaging of the parts, the Seller will offer to return a replacement part at the Buyer’s expense.
4.4 – After-sales service – restocking
The Vendor keeps a stock of spare parts at the Buyer’s disposal in order to replace parts which have been worn out or broken during use, in order to extend the life of the Products.
Repair or replacement parts will be sold separately to any Buyer who requests them from the after-sales service. The price of the spare part will be communicated to the Buyer on the day of his request.
5. Non-conformity with the order – Apparent defect – Professional buyer
The Parties expressly agree that the Seller shall not be liable to the Professional Buyer for hidden defects. The Seller shall be liable for any lack of conformity. The seller will not be held liable for apparent defects of conformity if the Buyer has not expressed any reservations upon receipt of the products, and in any event within 48 hours of delivery.
The Vendor keeps a stock of spare parts at the disposal of the Professional Buyer in order to replace parts which have been worn out or broken during use, in order to extend the life of the Products.
Repair or replacement parts will be sold separately to any Buyer who requests them from the after-sales service. The price of the spare part will be communicated to the Buyer on the day of his request.
6. Price
The Vendor undertakes to comply with all applicable regulations concerning consumers and commercial practices.
The Products are supplied at the prices in force, appearing in the Products catalog communicated by the Vendor to the Customer, on the day of acceptance of the Order by the Vendor. Prices are given in Euros, excluding VAT and including VAT. These prices are firm and non-revisable during their period of validity, as indicated in the Product catalog.
Any tax, duty or other charge payable in application of French or foreign laws and regulations or those of a transit country shall be borne by the Buyer.
7. Terms of payment (deposit)
The Buyer shall pay an initial deposit of thirty percent (30%) at the time the order is placed, a second deposit of forty percent (40%) at the start of manufacturing (according to the industrial schedule communicated at the time the order is placed) and the balance of thirty percent (30%) when the Product is ready for delivery.
Invoices are payable at the Seller’s registered office upon receipt.
Non-payment of the first instalment will result in termination of the sale under the conditions set out in article 2.4. Non-payment of the second instalment and the balance of the price will have the consequences set out in article 2.5.
8. Force majeure
If the performance of a contractual obligation is prevented, restricted or delayed by an event of Force Majeure, the prevented or delayed Party will be exonerated from any liability due to the impediment, restriction or delay concerned and the time limits available to it for performance will be extended accordingly.
An event of Force Majeure is defined as any fact preventing the total or partial execution of the order, which could not be overcome using reasonable diligence on the part of the Party concerned, its employees, subcontractors and suppliers. Force Majeure shall include, but not be limited to, the following events: natural disasters, industrial disputes, unforeseeable shortages or delays in supplies of raw materials or capital goods, fires, explosions, accidents or breakdowns of essential machinery or equipment, tooling accidents or scrap of important parts (forge or foundry parts, for example), action or failure to act by public services or authorities, acts of war, sabotage, embargoes, various disturbances of public order, interruptions or delays in transport.
The Party claiming Force Majeure must notify the other Party in writing within seven (7) days of the occurrence of the event.
If the execution of an order is delayed for more than three (3) months for one of the aforementioned reasons, the Parties will meet to examine by mutual agreement the terms and conditions for continuing the order. In the absence of agreement between the Parties, either Party may notify the other Party in writing of the termination of the order.
9. Intellectual and industrial property
The Seller obtains all necessary intellectual property rights and authorizations relating to the Products and associated documentation and warrants that the Products and associated documentation do not infringe the intellectual property rights or any other rights belonging to a third party.
The sale of the Products does not confer any right on the Buyer to the trademarks or distinctive signs affixed by the Seller to the Products and associated documentation. Furthermore, the Vendor retains all intellectual property rights, in particular on photographs, presentations, studies, drawings, models and prototypes produced as part of the supply of Products. Consequently, the Buyer shall refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, in particular, without the Vendor’s express prior written authorization.
10. Responsability
The Vendor guarantees that the Product is as safe as can legitimately be expected for use in accordance with the use of the Products defined in these General Terms and Conditions of Sale, both as regards conditions of navigation at sea and conditions of storage and maintenance of the Product by the Buyer.
In the event that the Product is used in conditions that do not comply with the Product’s intended use, the Seller shall not be held liable for any damage caused to or by the Product, including personal injury.
In the event that it is established, the Vendor’s liability shall not exceed, for all damages with the exception of personal injury, the amount paid by the Buyer exclusive of VAT for the order in question.
11. Protection of personal data
The Seller is responsible for processing the personal data collected during the ordering process. They are collected for the sole purpose of fulfilling the order. They will be kept for ten (10) years. In accordance with regulations, the Buyer has the right to access, rectify, object to, limit the processing of, delete and port his or her data, which may be exercised by e-mail or by post to the Seller’s head office, stating his or her surname, first name and address and enclosing a copy of his or her identity document. In the event of any difficulty in connection with the management of his personal data, the Buyer may submit a complaint to the Seller’s personal data protection officer or to the CNIL or any other competent authority.
12. Choice of jurisdiction and choice of law clause
In the event of a dispute, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.
Relations with the Buyer are governed exclusively by French law, regardless of the Buyer’s nationality or place of delivery.
12.1 – Consumer buyer
A jurisdiction clause will be subject to individual negotiation with the Consumer Buyer, which may be worded as follows:
“The Buyer’s action against the Seller shall be brought before the courts of the jurisdiction of the Seller’s registered office, and the Seller’s action against the Buyer shall be brought before the courts of the Buyer’s domicile. The Seller’s action against the Buyer shall be brought before the courts of the Buyer’s domicile.”
In the event of acceptance of the jurisdiction clause, the clause will be reproduced on the Purchase Order.
12.2 – Professional buyers
The Parties acknowledge the exclusive jurisdiction of the courts within the jurisdiction of the Seller’s registered office for any dispute arising from the formation or execution of the order.
13. Contractual documents
The contractual relationship between the Buyer and the Seller is governed by the following documents:
- Terms and conditions of sale
- Purchase orders
- Assembly instructions
- Instructions for use at sea and for care and preservation of the Products
14. Customer service – Ombudsman
For all information and complaints, please contact ECOSY BOATING :
05 46 01 65 18 – contact@iziboat.com
124a Avenue Denfert Rocherau – 17 000 La Rochelle – France
The Vendor is registered with the Médiateur de la Consommation SAS MEDIATION SOLUTION, CECMC approved, membership registered under number: 70281/RV/2306.
To refer a matter to the mediator, the consumer must formulate his request :
– Or in writing to : Sas Médiation Solution – 222 chemin de la bergerie – 01800 Saint Jean de Niost – France
– Or by e-mail to: contact@sasmediationsolution-conso.fr
– Or by completing the online form entitled “Contact the mediator” on the https://www.sasmediationsolution-conso.fr website.
The Buyer is hereby informed that prior to any referral to the competent Court, he/she must have attempted mediation with the mediator whose contact details are given above.
