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Last updated on February 3, 2023.
Preamble
These general terms and conditions of sale, delivery, and payment (hereinafter referred to as 'Terms and Conditions') apply without restrictions or reservations to any purchase of Products made on the website www.mecanautik.com (hereinafter referred to as the 'Site') and offered by the company SMT SAS, with a share capital of 60,000 euros, having its registered office at Z.A. La Verdière 1 - 12 rue André Marie Ampère - 13880 VELAUX, France, registered with the Salon de Provence Trade and Companies Register under the number 482 421 278 00052 (hereinafter referred to as 'SMT').
1. Scope of Application, Use of Goods
(1) These General Terms and Conditions apply to all deliveries and sales made by SMT through the MECANAUTIK website. They form the basis of all sales agreements between SMT and the buyer. Placing an order on the website implies the buyer's acceptance of these General Terms and Conditions.
(2) The buyer's general or specific purchasing conditions are only applicable if SMT has expressly approved them. Likewise, these General Terms and Conditions prevail when SMT makes a delivery to the buyer without reservation, without being aware of any general or specific purchasing conditions contrary or divergent from these CGV.
(3) These General Terms and Conditions apply to both professionals and individual consumers, taking into account the specific clauses and rights applicable to each.
(4) The buyer must be of legal age and have full legal capacity. Otherwise, the buyer must be represented by their legal representative recognized by the law.
(5) Any order is deemed final upon validation by the buyer on the Site.
(2) Order
(1) In order to place an order, the buyer is not required to create an account on the website, which remains optional at the buyer's discretion. The buyer must indicate this on the contact form when placing the order.
(1.a.) Order with account creation: The account creation requires providing a valid email address and a password, which must be strictly personal and kept confidential. During the first order, additional information will be requested from the buyer, whether they have created an account or not, such as their name, first name, valid phone number, billing address, and shipping address. These details will be used for identification purposes in future orders or logins and will remain unchanged. It is the responsibility of the buyer to ensure the confidentiality of their credentials. Order tracking can be done by logging into the buyer's account on the website. If the buyer loses, forgets, or suspects unauthorized use of their credentials by a third party, they must immediately inform SMT by contacting +33 4.42.79.64.40 during business hours (8:30 AM to 12:00 PM / 1:30 PM to 5:30 PM, Monday to Friday) or by sending an email to smt@smt.eu. When the buyer wishes to delete their personal data associated with their account, the deletion will be automatically processed upon their request, made by email or postal mail to SMT or through the dedicated section on the website.
(1.b.) Order without creating an account : When placing an order, the buyer will be required to provide information such as their name, first name, valid phone number, billing address, shipping address, and email address. The order tracking will be done through a link that will be sent by SMT to the buyer via email upon order confirmation on the website.
2. Purchase
(1) Any purchase of a Product, Part, or Goods on the Site must be preceded by an order placed and validated on the Site, which will necessarily imply the express and unconditional acceptance of these General Terms and Conditions by the buyer, who acknowledges having read them by checking the designated box during the validation of their order.
(2) For the purchase, the buyer selects the Product(s), Part(s), or Goods that correspond to their desired items and adds them to their cart. At this point, SMT may request the buyer, through the Site, to provide details about their equipment, such as the identification number, brand, or model, to ensure that the displayed Product selection is tailored to their search and manufacturer recommendations. SMT, through its website, provides the buyer with all the necessary information to determine the proper fit for their needs. SMT cannot be held responsible for any technical inaccuracies, errors, or omissions that may inadvertently appear on the Site. The images, illustrations, photographs, information, and visuals of the Products, Parts, or Goods displayed on the Site are not contractual. SMT cannot be held liable for any inconvenience or dissatisfaction related to the image of the Products, Parts, or Goods it offers. It is the buyer's responsibility to verify that the selected Product, Part, or Goods are suitable for their boat or equipment.
(3) The buyer is required to provide all necessary information for the successful delivery and billing of their order: Name, First Name, company name, contact person's name and first name, delivery address, billing address, telephone contacts, email address. Under no circumstances can SMT be held responsible for any delivery or billing anomalies or other issues resulting from an error made by the buyer. Once the order is finalized, a complete summary of the order will be presented to the buyer (product(s), part(s), merchandise(s), quantity, unit price, and total amount of the order, as well as the delivery method and fees). At this stage, the buyer can review the order and make modifications as long as it has not been validated by clicking on the "Validate My Cart" button. The validation of the cart by the buyer implies prior knowledge and acceptance of the CGV by checking the corresponding box. As a result, the buyer is obliged to make payment. Once the cart has been validated, the delivery and billing address, as well as the payment of the order, have been confirmed, the buyer will receive an order confirmation email from SMT via the Site within a maximum of 24 hours (excluding any unforeseen circumstances for which SMT may not have been aware and/or cannot be held responsible). If not received, SMT advises the buyer to contact customer service at 04.42.79.64.40 during opening hours (08:30-12:00 / 13:30-17:30 from Monday to Friday) or by sending an email to smt@smt.eu. The sale will be considered final upon receipt of the order confirmation email. From that moment, the status of the order will be "Order Validated" in the "My Orders" section of the buyer's "My Account" area or in the corresponding section on the order confirmation sent by email if the buyer has not created an account.
4. Payment
(1) The full payment amount of the order will be collected by SMT at the time of order confirmation. The order confirmation will be sent to the buyer via email and will appear as "Order confirmed" status in the "My Orders" section of the buyer's account or in the corresponding section of the order confirmation email sent, in case the buyer has not created an account.
(2) The payment method will be exclusively by credit card and will be subject to payment verification with the buyer's bank.
(3) Some orders may require additional documents to be provided before validation by SMT. In such cases, the buyer must send the necessary documents for validation by any means (email, mail) within a period of 7 days from the order placement. Failure to do so will give SMT the right to cancel the order, either entirely or partially, and proceed with the refund of the purchase if it has been made and received by SMT, crediting the credit card used for the purchase.
(5) Cancellation and Modification of Order
(1) The buyer may make changes to their order or cancel it partially or entirely only before it enters the processing stage by SMT via the website or the link provided in the email sent by SMT via the website, by clicking on the designated option, or by contacting SMT customer service at 04.42.79.64.40 during business hours (08:30 AM - 12:00 PM / 01:30 PM - 05:30 PM, Monday to Friday), or by sending an email to smt@smt.eu.
(2) In the case of cancellation, SMT will proceed with the refund of the purchase if it has been made and received by SMT, by crediting the credit card used for the purchase. Once the status of the order is "Being prepared," cancellation will no longer be possible for the buyer.
6. Availability of Products, Parts, or Goods
The Products, Parts, or Goods displayed on the website are available within the limits of stock availability. Their availability will be confirmed upon order confirmation.
In the event of out-of-stock items, the buyer will be notified and the order will be canceled by SMT. SMT reserves the right to modify the Products it offers on the Site at any time, except for ongoing orders. The Products, Parts, or Goods listed on the Site provide a description of their main technical characteristics.
7.Price
The price of the Products listed on the Site is displayed in Euros (€) excluding taxes (excluding VAT). VAT will be added after the buyer's order is confirmed and applied according to the prevailing rate in France or based on the buyer's status, provided that the necessary document(s) have been submitted, or based on the rate of the destination country on the day of the order.
SMT responds to requests and delivers orders nationally and internationally.
The displayed prices do not include delivery fees. The delivery fees will be specified during the validation of the order by the buyer and will be determined based on the chosen delivery method and location. They will be added to the price of the Product(s), Part(s), and Merchandise(s) added to the cart.
8. Delivery of the Sold Item / Delivery / Delay / Right of Withdrawal
(1) Unless otherwise agreed in writing, deliveries are made ex works from SMT's premises located in Velaux.
(2) Unless otherwise agreed in writing, the risk of transportation is fully borne by the buyer. Deliveries are made at the buyer's expense and risk, by handing over the goods to a carrier at SMT's premises. The initiation of delivery transfers the risks from SMT to the buyer. SMT will only arrange transport insurance upon the buyer's explicit request, which will be at the buyer's cost through the Site when placing the order.
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing immediately by sending a letter to SMT located at Z.A. La Verdière 1 - 12 rue André Marie Ampère - 13880 VELAUX, France or an email to smt@smt.eu.
(3) SMT reserves the right to make partial deliveries. The buyer cannot invoke the partial nature of the delivery to request a refund if they have been informed in advance before the shipment of the order by SMT via the website.
(4) Unless otherwise agreed upon in writing between the buyer and SMT during the order and its confirmation, the delivery times indicated by SMT in the order confirmation or any other document are provided purely for informational purposes and without commitment. Delivery will be made within 30 days following the order. Exceeding the expected delivery date does not constitute a delivery delay and does not entitle the buyer to cancel the order or refuse the Product, Part, or Merchandise. Exceeding the announced delivery date shall not give rise to any withholding, compensation, penalty, or damages.
(5) The delivery time indicated by SMT in the order confirmation begins once all technical, administrative, and accounting questions related to the delivery have been resolved with the author of the order. SMT's obligation to deliver is subject to the timely and proper fulfillment of its commitments by the order's author, including their duty to provide information and cooperate with SMT.
(6) SMT is not obliged to comply with the buyer's request to return the goods delivered free from defects and refund the already paid sales price, except in the case of individual buyers who exercise their legal right of withdrawal within the period of 14 calendar days from the receipt of the Product, Part, or Merchandise, as stipulated by Article L221-18 of the Consumer Code, without the need to provide any justification or incur any penalties, except for the return shipping costs.
(7) In the case of an order for multiple Products, Merchandise, or Parts delivered separately or in the case of an order consisting of multiple lots or pieces with staggered delivery over a defined period, the time frame starts from the receipt of the last item, lot, or piece. In this case, the individual buyer will be refunded the total amount paid and received as soon as possible and no later than 30 days from the date of withdrawal. The refund will be made by crediting the credit card used for the purchase.
9. Delivery Costs
Delivery costs will be specified during the order confirmation by the buyer prior to payment. The buyer will have the option to cancel the order if the announced rate does not meet their expectations, provided that the order has not been confirmed and validated through payment or preparation.
10. Ownership Reservation
The goods remain the sole property of SMT until full payment of the sale price, including principal and ancillary costs.
This retention of ownership is maintained until the full price is paid. Therefore, if SMT observes a payment default and the product has been delivered to the buyer, SMT reserves the right to request the buyer to return the unpaid Product, Part, or Goods at their own expense and risk.
11. Retention of Title
SMT shall not be held liable for any delay, loss, or damage arising from a force majeure event, including but not limited to strikes, blackouts, disruptions in the company due to fires, weather conditions, or water damage, wars or orders from public authorities, health crises, or other circumstances that temporarily prevent SMT from delivering the purchased goods on the desired date or within the agreed-upon timeframe. The occurrence of a force majeure event shall have the effect of suspending the performance of SMT's contractual obligations, including the delivery of goods, for as long as the force majeure event persists.
12. Warranties and Liability for Defects in the Goods
The legal warranties of conformity and hidden defects apply independently of any commercial warranty that may have been granted. In order to invoke these warranties, the buyer must keep the purchase invoice of the goods.
(1) Legal warranty of conformity (Articles L 217.7 and following of the Consumer Code): The buyer's action based on the legal warranty of conformity is subject to the following legal provisions:
- The buyer has a period of two years from the delivery of the goods to take action.
- The buyer must inform SMT of the existence of the conformity defect within a period of two months from the day the defect was discovered.
- Under the legal warranty of conformity, the buyer has the right to:
a) Have the goods repaired,
b) Have the goods replaced,
c) If repair or replacement is impossible or disproportionate, obtain an adequate price reduction if the buyer intends to keep the Product, Part, or Merchandise, or as a last resort, cancel the order once the Product, Part, or Merchandise has been returned to SMT.
Any refund to the buyer is reduced to take into account the use made of the goods since their delivery.
(2) Legal warranty for hidden defects (Articles 1641 and following of the Civil Code): The buyer also benefits from the legal warranty for hidden defects. If the buyer wishes to invoke this warranty, it must do so within a period of two years from the discovery of the defect and demonstrate the existence of a hidden defect. The outcome of such action will, at the buyer's choice, be:
a) Return of the goods and refund,
b) Retention of the goods and partial refund.
(3) Warranty granted by SMT: In order to be considered, any claim for visible defects, faults, or any other visible anomalies upon delivery must be sent to SMT by registered letter with acknowledgment of receipt within 48 hours of receiving the goods, prior to any use or transformation of the goods.
(a) No returns will be accepted without prior written agreement from SMT and will be at the expense of the buyer. Returns will be refunded by crediting the credit card used for the purchase or by issuing a credit note depending on the buyer's status.
(b) The warranty granted by SMT only covers defects and faults that occur under normal conditions of use and in accordance with the intended purpose of the item, as well as SMT's usage recommendations and/or recommendations from the manufacturer of the destination equipment, provided that the equipment has not undergone any alterations.
In this regard, the buyer acknowledges and agrees that the assembly of parts provided by SMT can only be performed by qualified and authorized personnel in specialized workshops, using special tools designed for this purpose, and in compliance with the assembly and maintenance instructions of the manufacturer of the destination equipment.
(c) In all cases, under the warranty, SMT may, at its discretion, either repair or replace the defective goods, grant a price reduction, or, as a last resort, refund the price, subject to the return of the goods, with all damages and indemnities being expressly excluded.
(d) In the case of repair or replacement of the goods, the warranty period granted by SMT will not be reset; the original warranty period will remain in effect.
(4) Unless otherwise agreed in writing, the indications of quality, lifespan, and other indications provided by SMT are given for informational purposes only and do not constitute warranties.
(5) Warranty coverage: Warranty coverage is subject to an assessment of the alleged non-conformity, fault, or defect. Depending on the situation, this analysis will be carried out either directly by SMT or by the manufacturer (disassembled and returned article).
13. Termination
The termination of the sales contract outside the withdrawal period granted to the individual buyer can only be initiated by the buyer after obtaining a final court decision granting their request for termination.
14. Damages, Restrictions, and Liability Exclusions
(1) In any event, SMT's liability for damages suffered by the buyer due to a breach of SMT's contractual obligations is strictly limited to the amount of the purchase price of the disputed goods paid by the buyer. Only direct material damages resulting from a breach of SMT's essential obligations will be compensated within this limit. SMT's liability is excluded for non-material damages and indirect damages, including damages related to loss of revenue, turnover, profit, contracts, etc., harm to reputation, or any other non-material and/or indirect damages.
(2) In the event of the buyer's insolvency or the initiation of bankruptcy proceedings, SMT may, at its discretion, either enforce the aforementioned rights or terminate the contract in accordance with the legal provisions.
15.Export Control
The export of certain products, technical information, and documentation that can be obtained from SMT, for example, due to their nature, destination, or end use, is subject to obtaining authorization from SMT.
The buyer is required to strictly comply with export regulations applicable to the products, technical information, and documentation, particularly those of the EU, EU member states, and the United States. The buyer shall independently and at their own expense obtain all necessary licenses and export documents required for the resale of products obtained from SMT.
Furthermore, the buyer undertakes to require all recipients of products, goods, and technical information obtained from SMT to do the same and inform them of the need to comply with these laws and regulations.
Access to products, technical information, and documentation on the SMT website may be denied if the aforementioned conditions are not met, particularly if export regulations are not complied with.
The buyer will be invoiced by SMT without VAT only upon express request by the buyer at the time of order and upon submission of a valid tax exemption certificate confirmed by the tax authorities and currently valid, certifying that the conditions for VAT exemption are met, and which also includes the commitment to pay VAT in the event that the ordered products do not receive the intended destination that justified the exemption. Otherwise, SMT reserves the right to charge VAT at the prevailing rate to the buyer.
16. Customs
When ordering Products, Parts, or Goods from SMT through the Site for delivery outside the European Union, you may be subject to import obligations and taxes, which are collected by the relevant authorities when the package reaches its destination. Any additional customs clearance fees will be the responsibility of the buyer; SMT has no control over these fees. Customs policies vary widely from country to country, so the buyer should contact the local customs office for more information. Furthermore, the buyer should note that when placing an order with SMT through the Site, they will be considered the official importer and must comply with all laws and regulations of the country where they will receive or deliver the Products, Parts, or Goods. Privacy protection is important to SMT, and it hereby informs its international customers that cross-border deliveries may be opened and inspected by customs authorities. For more information, the buyer can contact the relevant customs services.
17.Personal Data
SMT implements measures to maintain the confidentiality and security of the buyer's personal and banking data.
18.Intellectual Property
The elements appearing on the Site, such as the domain name, designation, logo, trademark, data, images, photos, videos, and sounds, as well as the graphical interface, are protected under Article L111-1 of the Intellectual Property Code and remain the exclusive property of SMT. Therefore, any reproduction, imitation, or full or partial representation made by the buyer or user without the consent of SMT will be unlawful.
19. Jurisdiction and Applicable Law
(1) The territorially competent courts are those within the jurisdiction of the municipality of Velaux (13880, Bouches-du-Rhône Department) where SMT's registered office is located. They have exclusive jurisdiction to hear any dispute relating to these General Terms and Conditions (GTC) and the contracts to which they apply. SMT is also entitled to pursue the buyer before the court having jurisdiction over their domicile.
(2) These GTC and the contracts to which they apply are exclusively governed by French law. The application of conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
20. Final Provisions
If any provision of these Terms and Conditions is found to be null or unenforceable, the remaining provisions shall remain in full force and effect. The parties are required to replace the null or unenforceable provision with a legally valid provision that closely reflects the intended purpose of the provision that has been deemed null or unenforceable.