Terms of Sales

Version of March 30, 2021

www.coolsail.com  is a CoolSail service. CoolSail is the commercial name of the Individual Company Christophe Perraudin.

Head office: 14 Zone Activities, 11370 Leucate

SIRET: 413 095 902 00032

SIRET: 39396049700039

Tel: 06 64 84 58 05

Email: coolsailfr@gmail.com

Year of creation: 2005

Article 1: object

These general conditions of sale detail the rights and obligations of the Individual Company Christophe Perraudin, under the commercial name CoolSail (hereinafter CoolSail ) and of any customer, consumer or professional, in the context of the sale of the goods offered on the website www.coolsail.fr.
Any service provided by CoolSail therefore implies the buyer's unreserved acceptance of these general conditions of sale.

Article 2: Price

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated All Taxes Included. Consequently, they will be increased by any transport costs applicable on the day of the order.

The customer can never, under the pretext of a claim made by him against CoolSail, withhold all or part of the sums owed by him to the latter, nor make compensation.
CoolSail reserves the right to change its rates and/or shipping costs at any time. However, CoolSail undertakes to invoice the goods ordered at the prices indicated when registering the order.

Article 3: Discount

No discount will be granted in the event of early payment.

Article 4: Payment terms

Payment for orders is made:

• for orders to be collected by the customer at the workshop, by credit card or in cash, on the basis of the Quote established by us and accepted by you;
• for Remote Services:

• or by check sent to CoolSail 14 Zone Activities 11370 Leucate, indicating on the back of the check the order number appearing on the Quote.
• either by Paypal, via the email coolsailfr@gmail.com, indicating the order number appearing on the Quote. With PayPal your financial information is never communicated to CoolSail.
• either by bank transfer to the account number appearing on the Quote, indicating the order number appearing on the Quote
• Either by credit card, via the PayPlug service provider

Article 5: Consumer right of withdrawal applicable to goods sold on the CoolSail website

In accordance with legal provisions, within 14 days of receipt of your product, you can exercise your right of withdrawal as a consumer. You do not have to provide reasons or pay a penalty.

This clause only applies to goods sold on the CoolSail website to consumers, and with the exception of:

• goods made at your request or clearly personalized, such as, among others, the manufacture of tailor-made sails or canvas
• for sale of fabric, cordage for cutting
• to goods inseparable from other articles.

Exercise methods:

The simple return of the goods without declaration or the refusal to take delivery is not sufficient to express your desire to withdraw. You can use the form available in Appendix 3 or any other form compliant with legal provisions.

By exercising your right of withdrawal, you agree to return the product to us no later than 14 days following the sending of your withdrawal. To exercise your right of withdrawal, you must contact us by email at coolsailfr@gmail.com.

You must pay the following amounts:

1°Direct return costs

2° Additional costs for delivery of goods if you have chosen a more expensive delivery method than the delivery method usually offered by CoolSail.

3° Fixed and proportional costs of the service provision whose execution began before the end of the withdrawal period at your express request.

CoolSail will reimburse you no later than 14 days following the date on which we were informed of your decision to withdraw, unless there is a justified delay.

However, for a sale of goods, CoolSail reserves the right to withhold reimbursement until the day the goods are collected or until you have provided proof of dispatch of the goods.

ARTICLE 6: returns policy

Without prejudice to article 5 of these general conditions, CoolSail allows all its customers to return free of charge all of its products from the CAPRI and CANNES sail ranges, as well as any fittings (masts, tensioners, etc.)  if they are in new condition, within 14 days of receipt of said products. After examining the returned products, we will offer you an exchange for other items or a refund.

To benefit from this return, you must contact us by email at coolsailfr@gmail.com.

You must pay the following amounts:

1°Direct return costs

2° Additional costs for delivery of goods if you have chosen a more expensive delivery method than the delivery method usually offered by CoolSail.

3° Fixed and proportional costs of the service provision whose execution began before the end of the withdrawal period at your express request.

CoolSail will reimburse you no later than 14 days following the date on which we were informed of your decision to withdraw, unless there is a justified delay.

However, for a sale of goods, CoolSail reserves the right to withhold reimbursement until the day the goods are collected or until you have provided proof of dispatch of the goods.

This clause is not valid regarding:

• goods made at your request or clearly personalized, such as, among others, the manufacture of tailor-made sails or canvas
• for sale of fabric, cordage for cutting
• to goods inseparable from other articles.

Concerning the items listed in the previous paragraph, contact us and we will do everything we can to find a solution.

Article 7: Protection of personal data

We collect your personal information for the management of your orders and the monitoring of our commercial relations. They may be retransmitted to our partners exclusively for the execution of your orders, in accordance with these general conditions,

CoolSail undertakes to preserve the confidentiality of any information provided online by the Internet user. Any personal information that the Internet user may transmit to CoolSail for the use of certain services is subject to the provisions of Law No. 78-17 Informatique et Libertés of January 6, 1978 .

The Internet user has a right of access, rectification and deletion of personal information concerning him which he can exercise at any time by sending a letter to our address.

Article  8: Late payment by a professional

Except for the limits provided for by law, in accordance with articles 441-6, I paragraph 12 and D. 441-5 of the commercial code, in the event of total or partial failure to pay for the goods or services delivered on the day of receipt, the buyer must pay CoolSail a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.

If the customer is a consumer, the legal provisions apply and article 8 is not applicable. Article 10 (Reservation of ownership) remains applicable regardless of the status (professional or consumer) of the customer.

Article 9: Termination clause

If, within fifteen days following the implementation of article 8, the buyer has not paid the remaining sums due, the sale will be canceled automatically and may give rise to the right to compensation for damages and interests for the benefit of CoolSail.

Article 10: Reservation of ownership

The products covered by this contract are sold with a clause expressly subjecting the transfer of their ownership to full payment of the price in principal and accessories. CoolSail retains ownership of the goods sold until full payment of the price, in principal and accessories, without prejudice to its right to claim damages, either due to non-performance of the obligation, or due to delay. in execution. As such, if the buyer is subject to receivership or liquidation, CoolSail reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid. It is specified that, upon delivery of the products, the customer will bear the risks of loss, theft or deterioration.

Article 12: Delivery

Delivery is made:

• either by direct delivery of the goods to the buyer;
• either by sending a notice of availability in store to the attention of the buyer;
• or at the place indicated on the order form.

The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's claim for damages; cancellation of the order.

The customer releases CoolSail from any commitment relating to delivery times and cannot claim payment of any compensation:

- in the event that the information to be provided by the customer is not given in due time;

- in the event that the payment conditions have not been respected by the customer;

- in the event of force majeure or bad weather.

The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery.

Article 13: Liability and Force majeure

CoolSail's liability is that defined by law.

CoolSail cannot be held responsible for any damage that is not directly related to the products delivered (in particular loss of profit, loss of opportunity, etc.).

In any event, CoolSail's liability cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure.

Article 15: Competent court and applicable law

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

Failing an amicable resolution, the dispute will be brought before the Narbonne Commercial Court.

French law applies.

Appendix 1: Provisions of the Consumer Code        concerning the legal guarantee of conformity

Article L211-4

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L211-5

To comply with the contract, the property must:

1° Be suitable for the use usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-6

The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L211-7

Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L211-8

The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L211-10

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed pursuant to article L. 211-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.

However, the sale cannot be canceled if the lack of conformity is minor.

Article L211-11

The application of the provisions of articles L. 211-9 and L. 211-10 takes place without any cost for the buyer.

These same provisions do not prevent the award of damages.

Article L211-12

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L211-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which he is recognized by law.

Article L211-14

The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects

Section 1641

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

Article 1642

The seller is not liable for apparent defects of which the buyer was able to convince himself.

Article 1643

He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as will be arbitrated by experts. .

Section 1645

If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer.

Article 1646

If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

Section 1647

If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles.

But the loss occurring by fortuitous event will be for the account of the buyer.

Article 1648

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.

Article 1649

It does not take place in sales made by legal authority.

Appendix 3: Withdrawal form to exercise the right of withdrawal applicable to goods sold on the CoolSail website

WITHDRAWAL FORM

Cancellation of order (articles L.121-21 et seq. of the Consumer Code) – if you wish to cancel this order, you can use this form.

Terms :

- Complete and sign this withdrawal form,

- Send it by registered letter with acknowledgment of receipt to CoolSail, 14 Zone Activities 11370 Leucate Village or by email to coolsailfr@gmail.com

- Ship it no later than the ^14th day following receipt of your product

I, the undersigned (Last name, First name): …………………………………………………………

Address : ................................................ .................................................

……………………………………………………………………

Declare to cancel my order below:

Order from: ……………………………………………………………………

Quote number: ……………………………………………………………………

Description : ……………………………………………………………………

Client's signature :

Withdrawal form to be sent completed and signed by registered letter with acknowledgment of receipt or by email (coolsailfr@gmail.com) within 14 days from the day of receipt of the order

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