General terms and conditions of sale

www.coolsail.fr is a service of CoolSail.

CoolSail is the trading name of the sole proprietorship Christophe Perraudin.

Registered office: 14 Zone Activités, 11370 Leucate

SIRET: 413 095 902 00032

Email: coolsailfr@gmail.com

Year of creation: 2005

Article 1: Purpose

These general terms and conditions of sale detail the rights and obligations of the sole proprietorship Christophe Perraudin, trading as CoolSail, and of any customer, whether consumer or professional, in connection with the sale of goods offered on the website www.coolsail.fr . Any service performed by CoolSail therefore implies the buyer's unreserved acceptance of these general terms and conditions of sale.

Article 2: Price

The prices of the goods sold are those in effect on the date the order is placed. They are quoted in euros and calculated NET of VAT, as the sole proprietorship Christophe Perraudin is not subject to VAT, VAT not applicable under article 293 B of the French General Tax Code (CGI).

Consequently, they will be increased by any applicable transport costs on the day of the order.

The customer may never, under the pretext of a claim made against CoolSail, withhold all or part of the sums owed to CoolSail, nor offset any amounts. CoolSail reserves the right to modify its prices and/or shipping costs at any time. However, CoolSail undertakes to invoice the goods ordered at the prices indicated when the order was placed.

Article 3: Discount

No discount will be given for early payment.

Article 4: Payment Terms

Orders are paid for as follows:

• for orders to be collected by the customer at the workshop, by credit card, check, bank transfer or cash, based on the quote established by us and accepted by you;

• for remote services:

Either by check sent to CoolSail 14 Zone Activités 11370 Leucate, indicating on the back of the check the order number appearing on the quote.

You can pay via PayPal, either through the CoolSail website shopping cart, or via the PayPal app using the email address coolsailfr@gmail.com, indicating the order number shown on the quote. With PayPal, your financial information is never shared with CoolSail.

Either by bank transfer to the account number shown on the quote, indicating the order number shown on the quote.

Either by credit card, via the providers PayPlug and SumUp

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

In accordance with legal provisions, you have 14 days from the date of receipt of your product to exercise your right of withdrawal as a consumer. You do not need to provide a reason or pay any penalty.

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

• to goods made to your request or clearly personalized, such as, among other things, the manufacture of custom-made sails or canvas.

• Fabric and rope sold by the meter

• to goods that are inseparable from other items.

Returns must be made in their original and complete condition (packaging, accessories, instructions). You are responsible for the condition of the returned items. Any damage to the product during return shipping may invalidate your right of withdrawal. Return shipping costs are your responsibility.

Terms of practice:

Simply returning the goods without a declaration or refusing delivery is not sufficient to express your intention to withdraw from the contract. You may use the form available in Appendix 3 or any other form that complies with legal requirements.

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

You must pay the following amounts:

1: Direct costs of referral

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

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

CoolSail will reimburse you no later than 14 days after 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 defer the refund until the day the goods are recovered or until you have provided proof of shipment of the goods.

ARTICLE 6: Returns Policy

Without prejudice to Article 5 of these terms and conditions, CoolSail allows all its customers to return, free of charge, all of its standard products from the CAPRI, CANNES, and COOLFIT sail ranges, as well as all deck hardware (aluminum masts, stainless steel accessories, tensioners, shackles, etc.) provided they are in new condition, within 14 days of receiving 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 costs of referral

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

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

CoolSail will reimburse you no later than 14 days after 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 defer the refund until the day the goods are recovered or until you have provided proof of shipment of the goods.

This clause is not valid for:

• goods made to your request or clearly personalized, such as, among other things, the manufacture of custom-made sails or canvas.

• Fabric and rope sold by the meter

• to goods that are inseparable from other items.

Regarding 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 to manage your orders and maintain our business relationship. This information may be shared with our partners solely for the purpose of fulfilling your orders, in accordance with these terms and conditions.

CoolSail is committed to protecting the confidentiality of any information that users may provide online. Any personal information that users may transmit to CoolSail for the use of certain services is subject to the provisions of French Law No. 78-17 on Data Processing, Data Files and Individual Liberties of 6 January 1978 .

Users have the right to access, rectify and delete personal information concerning them, which they can exercise at any time by sending a letter to our address.

Article 8: Late payment by a professional

Subject to the limitations provided by law, in accordance with Articles 441-6, I, paragraph 12 and D. 441-5 of the French Commercial Code, in the event of total or partial non-payment for goods or services delivered on the date of receipt, the buyer shall pay CoolSail a late payment penalty equal to three times the statutory interest rate. The statutory interest rate used is that in effect on the date of delivery of the goods. This penalty is calculated on the total amount due, including VAT, and accrues from the payment due date without any prior formal notice being required.

In addition to late payment penalties, any sum, including the deposit, not paid by its due date will automatically incur a fixed penalty of 40 euros for recovery costs.

If the customer is a consumer, the statutory provisions apply and Article 8 does not apply. Article 10 (Retention of Title) remains applicable regardless of the customer's status (professional or consumer).

Article 9: Termination Clause

If, within fifteen days following the implementation of Article 8, the buyer has not paid the sums remaining due, the sale will be automatically cancelled and may give rise to an award of damages in favor of CoolSail.

Article 10: Retention of Title

The products covered by this contract are sold with a clause expressly stipulating that the transfer of ownership is contingent upon full payment of the price, including principal and any additional charges. CoolSail retains ownership of the goods sold until full payment of the price, including principal and any additional charges, without prejudice to its right to claim damages, either for non-performance of the obligation or for delay in performance. Accordingly, if the buyer becomes subject to receivership or liquidation proceedings, CoolSail reserves the right to reclaim, within the framework of the insolvency proceedings, the goods sold and remaining unpaid. It is specified that, from the moment of delivery of the products, the customer shall bear the risks of loss, theft, or damage.

Article 12: Delivery

The delivery has been made:

• either by direct delivery of the goods to the buyer, via the "Collection at the workshop" option, located at 14 Zone Activités 11370 Leucate.

• either at the location indicated on the order form, or at home, or at a Colis relay point near the customer's home.

The delivery time indicated when the order is registered is only an indication and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products will not entitle the buyer to compensation for damages or to cancellation of the order.

We work with PackLink to purchase our shipping labels for Mondial Relay, Chronopost and Colissimo.

When processing the order, a shipping number is automatically sent to the customer via their email address if they have filled in the email field, or to their mobile phone if they have filled in the phone field.

It is the customer's responsibility to track the logistics of their order using this shipping number.

Goods travel at the recipient's risk. Shipping costs are borne by the buyer, except in the case of a contractual modification.

In the case of delivery to French overseas departments and territories and outside the European Economic Area, the carrier responsible for the delivery will require payment of the taxes in force in the country of destination as well as all costs inherent to the import formalities in the country of destination.

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

– in the event that the information to be provided by the client is not given in a timely manner;

– in the event that the payment terms have not been respected by the customer;

– In case of force majeure or inclement weather.

The buyer assumes all risk of loss or damage during transport. In the event of missing or damaged goods, 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.

All claims relating to transport conditions must be made in writing by the buyer on the transport documents on the day of delivery and noted by the delivery driver. These claims must clearly detail the issue: damage, missing items, etc. (non-exhaustive list), and must be submitted within 48 hours of delivery by registered letter.

Defective goods may only be returned with the seller's prior written consent. All return shipping costs will be borne by the buyer.

Article 13: Liability and Force Majeure

CoolSail's responsibility is that defined by law.

CoolSail cannot be held responsible for any damage not directly related to the products delivered (including lost profits, loss of opportunity, etc.).

In any event, CoolSail cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure.

Article 14: Terms of Use

The warranty is for a period of two years on all standard products, such as Capri sails, Cannes, Coolfit, the Basic and Premium range of aluminum masts, all stainless steel fittings, tensioners, pitons, shackles, carabiners.

The warranty is for a period of 8 years on the products:

• Maderland laminated timber pergola

• Pergola accessories such as connectors

• Stainless steel masts from FBD Inox

• Sails custom-made by CoolSail or under CoolSail supervision, namely ventilated and waterproof shade sails.

• Custom-made canopies manufactured by CoolSail or under CoolSail supervision, namely ventilated and waterproof pergola canopies.

The warranty is applicable when the products are used normally while respecting the installation and usage recommendations .

On our website, Facebook, and Instagram pages, we encourage customers to contact us for advice and support with their installations, free of charge. We can be reached by phone, WhatsApp, and email.

It is necessary to implement appropriate fixings, and we repeat: if they have any doubt, we are available to support them in their choices and in the implementation.

The warranty does not apply to any damage caused by misuse or failure to comply with normal installation and usage conditions.

Here are some examples of criteria corresponding to an unguaranteed use:

– Use in bad weather such as rain, storms or strong winds:

The standard Capri, Cannes and Coolfit products are guaranteed to withstand a wind speed of 40 km/h.

Custom-made products such as sails manufactured by CoolSail or under the supervision of CoolSail, the FBD stainless steel mast, the Maderland pergola, are guaranteed to withstand a wind speed of 70 km/h.

– Damage to the fabric caused by exposure to a heat source (BBQ/heating)

– Damage caused to the sails by friction on an external element (trees, walls or sails touching each other, non-exhaustive list).

– By using unsuitable cleaning products. Please use neutral soap for cleaning.

– Damage due to improper fastening or assembly.

– Securing a sail to a tree.

– The use of shade sails as privacy screens (if they do not respect the recommended tension distances)

(This list is not exhaustive).

The guarantee consists of replacing or repairing the defective part or refunding any defect found within 30 days of receiving the product.

In the event of a defect being found 30 days after receipt, the residual value of the product is calculated on the date the defect was declared.

The guaranteed value is proportional to the remaining guarantee period.

Transportation and labor are at the user's expense.

The guarantee can only be invoked upon presentation of the original invoice indicating the date of purchase.

When used professionally, the warranty is limited to one year.

Article 15: Jurisdiction and applicable law

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

In the absence of an amicable resolution, the dispute will be brought before the commercial court of Narbonne.

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 that conform to 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 packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.

Article L211-5

To comply with the contract, the goods must:

1° Be fit for the purpose for which similar goods are normally used 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;

– to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose 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 statements 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

Any lack of conformity which appears within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.

The seller can contest 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. However, they cannot contest conformity by invoking a defect that they knew of or could not have been unaware of when they entered into the contract. The same applies when the defect originates from materials that they themselves 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 refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10

If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund.

The same option is available to him:

1° If the solution requested, proposed or agreed upon pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's claim;

2° Or if this solution cannot be implemented without major inconvenience to the latter, taking into account the nature of the property and the use he seeks.

However, the sale cannot be rescinded if the non-conformity is minor.

Article L211-11

The application of the provisions of articles L 211-9 and L 211-10 takes place at no cost to the buyer.

These same provisions do not preclude the awarding of damages.

Article L211-12

The action resulting from the lack of conformity is time-barred after 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 latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law.

Article L211-14

The right of recourse 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 warranty against hidden defects

Article 1641

The seller is bound by the warranty due to hidden defects in the thing sold which render it unfit for the use for which it is intended or which diminish this use to such an extent that the buyer would not have acquired it or would have given only a lower price, if he had known of them.

Article 1642

The seller is not liable for apparent defects which the buyer could have discovered for himself.

Article 1643

He is liable for hidden defects, even if he did not know about them, unless, in that case, he stipulated that he would not be bound by any guarantee.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund of the price, as determined by experts.

Article 1645

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

Article 1646

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

Article 1647

If the defective item perished due to its poor quality, the loss is borne by the seller, who will be liable to the buyer for the refund of the price and the other compensation explained in the two preceding articles.

But any loss occurring due to unforeseen circumstances will be borne by the buyer.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year of the date on which the seller can be discharged from the apparent defects or non-conformities.

Article 1649

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

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

WITHDRAWAL FORM

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

TERMS :

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

• to goods made to your request or clearly personalized, such as, among other things, the manufacture of custom-made sails or canvas.

• Fabric and rope sold by the meter

• to goods that are inseparable from other items.

– Complete and sign this cancellation form.

– Send it by registered letter with acknowledgement of receipt to CoolSail, 14 Zone Activités 11370 Leucate Village or by email to coolsailfr@gmail.com.

Ship it no later than the 14th day after receiving your product.

I, the undersigned (Name, Surname): …………………………………………………………

Address : …

…

I hereby declare that I am cancelling my order below:

Order dated:…

Quote No.: ……………………………………………………………………

Description : …

Customer signature:

Cancellation form to be completed and signed and sent by email (coolsailfr@gmail.com) within 14 days from the day of receipt of the order.

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