Terms and conditions of sale
Terms and conditions of sale
ART 1 Preamble General terms and conditions of sale
1. a The website.
The www.pochon.com website is operated by POCHON SA and managed by its online sales department.
Any order validated by a customer (as this term is defined below) in its relationship with the company Pochon SA as a customer communicating by means of the Internet implies acceptance of these general conditions.
1. b Identification and purpose of the company.
SA POCHON capital of €38,112.35
Head office in La Rochelle
3 sales outlets and depots:
POCHON La Rochelle avenue Michel Crépeau 17000
POCHON Hyères 14 avenue du docteur Robin 83400
POCHON Guadeloupe (Not concerned by internet pricing or on-site collection of goods).
1. c Pochon's corporate purpose
Sale, installation and repair of electronic and electrical products for pleasure and professional boating.
1. d Partnership with Pochon SA
- Nautical Industries Federation since 1993
- NF trading & service standard since 2005
1. e Purpose of the general terms and conditions of sale
The present general conditions, which comply with French law, set out the rights and obligations of the various customers of Pochon SA and the rules which define the behaviour of Pochon SA acting as a seller commissioned by its suppliers both for its imported products and for other products as a simple reseller or brand agent commissioned by its suppliers, within the particular framework of online sales.
The customer acknowledges that he/she has read and accepted without reservation all the provisions of these terms and conditions.
Pochon sa reciprocally undertakes to respect the obligations incumbent upon it within the framework of the present contract.
Any person wishing to do business with Pochon SA in accordance with these general conditions of sale shall be referred to as a "customer". The privileged customer has done business with Pochon SA, which gives him access to the possibility of a preferential rate on certain products.
Any company that entrusts Pochon SA with the sale of these products, whether French or foreign, will be referred to as a "supplier".
The term "transporter" shall be used for any external company ensuring the routing of the products from the Pochon SA warehouses to the customer.
ART 2 General Terms and Conditions of Sale
2. a Conclusion of the contract subject to the general terms and conditions of sale.
As soon as the customer orders online or directly the products and/or services present in the catalogue, in the shop or online, the signature on the order form marks the conclusion of the contract between the 2 parties. In accordance with the law of 13 March 2000 on electronic signatures and the law of 21 June 2004 on confidence in the digital economy via the Internet, any order validated by a double click or by agreement by telephone constitutes irrevocable acceptance of these general terms and conditions by the customer, in the same way as a handwritten signature.
2. b Duration of the contract
The contract subject to the general terms and conditions covers the period necessary for the supply of the goods until the end of the guarantee period.
2. c Provision of evidence
- The opening of an account is imperative for any transaction and to obtain customer quality with Pochon SA. The opening of an account constitutes the demonstration of the desire to trade with Pochon SA in compliance with the general conditions of sale.
- The customer account number identifies the customer and the password gives access to the account.
- Opening an account therefore implies full acceptance of the general terms and conditions of sale.
- On receipt of the order, Pochon SA will send an acknowledgement of receipt, specifying the position of the product in stock as well as the successful receipt of the order.
- A reminder of the customer's registration details will be sent after the account has been opened and an individual account number assigned, together with the estimated delivery time.
Pochon SA recommends that the customer keeps at least a digital trace of their order confirmation email.
However, orders, payments, invoices between the parties and all documents archived in any way whatsoever by Pochon SA will be considered as additional means of proof.
2. d Validity of the general terms and conditions of sale.
Pochon SA reserves the right to modify its general terms and conditions of sale, although a warning will be posted on the relevant page of the site for a period of 1 month.
ART 3. The products
3. a Compliance
The products are deemed to comply with current French legislation and CE for common standards.
Withdrawal of a product or its impossibility of delivery due to a change in the standard or the unilateral decision of Pochon SA shall under no circumstances give the right to take legal action in favour of the customer.
The products are presented to the best of our ability on the site or in the catalogue. Descriptions in any form whatsoever are given for information only.
Due to frequent changes in technical design and industrial aesthetics, the photos described in the technical data sheets are not contractually binding. The characteristics given in the manufacturer's data sheet are the sole responsibility of the supplier or manufacturer.
In the event of errors or incorrect information, the customer will not automatically be entitled to return the product.
In addition to the legal conditions, the return of a product will only be accepted in the event of an error of description on the part of Pochon SA concerning only the substantial qualities of the product, to the exclusion of products which have been the subject of significant communication by the supplier or manufacturer by all types of means.
However, returns will only be accepted with the written agreement of Pochon SA.
3. b Cash and cash equivalents
Pochon SA undertakes to honour orders within the limits of stocks available at the time the order is registered by the Online Sales department.
In the event of a lack of availability, Pochon SA may not be held liable or invoked by the customer to give entitlement to damages or any other compensation.
However, Pochon SA undertakes to inform the customer of the stock shortage and the estimated waiting time as soon as possible, then to offer the supply of an equivalent product at the same price level and characteristics or a refund or a credit note to be used towards a choice of products from the site or the catalogue.
In the case of the reimbursement option, Pochon SA will make every effort to reimburse within 30 days following the email informing the customer of the rupture. In the event of this 30-day period being exceeded independently of the will of Pochon SA, the customer waives any right to take legal action against Pochon SA.
Specific case /
Exceptionally, if a product is in supplier's stock in substitution for Pochon stock, the delivery time to the customer may be extended by a time managed by the said supplier for its preparation for dispatch and its routing. In this case, after having been informed, the customer waives any recourse for cancellation of the order or damages against Pochon SA. Non-compliance with deadlines attributable to the fault of the supplier or the transporter may under no circumstances engage the responsibilities of Pochon SA.
ART 4 Pricing
4. a The tariff reference
is specified by our general price list or by the price mentioned on the box of the product presented on the site. The specifications given in our catalogue and the prices in our price list are subject to change without notice, in particular for imported equipment, should the currency parity be modified, without however being systematically indexed to it. In the same way, in addition to the products in stock, a supplier increase may lead to a price revision.
4. b Special offer :
The fact that a price is crossed out implies the presence of a special or promotional offer limited in time, and it is the customer's responsibility to check that their order falls within these limits.
4.c Conditions of access to special conditions :
The opening of an account and the conclusion of a first order are the strict conditions necessary for access to the special conditions of the privileged customer, from the second order Pochon customer can benefit from a tariff known as "privileged customer" access to which is permitted by the customer code plus password.
Pochon sa remains the sole decision-maker on the specific pricing of the preferred customer.
The status of Pochon customer is granted "intuitu personae" and the rights of the customer cannot be extended to a third party.
4. d Welcome gift :
To reward new customers, a welcome gift is attached to the first order. This gift takes the form of an exemption from delivery charges for the second order, whatever its value.
The exemption is valid for 1 year from the date of the first order.
4. e Currency fluctuations :
Pochon SA cannot be held responsible for currency fluctuations and their consequences on the sale price of products imported directly or indirectly, even if they are displayed in euros on the site or in the catalogue.
4. f Changes in retail prices :
Pochon SA cannot be held responsible for sudden variations in public prices between the conclusion of the sale and the delivery of the product if it is not in stock and the customer waives any recourse for cancellation of the order, reimbursement or damages against Pochon SA.
4. g Price differentials between market operators :
Apart from the legal conditions of the withdrawal period, price variations and possible price differences between the different operators on the market do not under any circumstances imply the possibility of reimbursement, compensatory indemnity or cancellation on the part of the customer towards Pochon SA.
4. h Pricing errors
All prices are quoted subject to obvious topographical errors.
If an error is found, Pochon SA will inform the customer of the new value of the order and the invoice.
The customer remains entirely free to cancel the corrected order without penalty.
ART 5 Ordering
5. a General information.
By express agreement, an order will only be taken into consideration after the account has been opened and after full payment of the invoice, including delivery costs, with no minimum value. For reseller customers, opening a professional account gives access to an account with carriage charged for orders over €750.
Any professional or private customer who does not wish to reply to all the requests for information when opening an account will automatically have to pay by postal order or advanced cheque; the delivery date will be the exact date of valuation on the Pochon sa account.
Only people of legal age and capacity can order on the Pochon.com site. By double-clicking to conclude the contract, the customer guarantees that they have full legal capacity to adhere to the general conditions of sale.
5. b Ordering procedure
The customer who orders is already registered when opening an account and guarantees us that the information elements for creating the account have not changed and will be deemed to be committed subject to the legal provisions for retraction and agreement to return the product accepted by Pochon SA. The customer assures us that he has checked the information entered at the time of ordering.
In the event of a telephone order from the customer, the latter will inform Pochon SA of any errors after reading the order confirmation within 24 hours.
Pochon SA cannot be held responsible for errors caused by the customer or by his lack of control.
The customer agrees without reservation to provide Pochon SA with the information essential for the conclusion of a sales contract.
A confirmation with a reminder of the elements of the order is sent back to the customer, possibly rectified if an error has been noted (see prices section). This confirmation validates pochon SA's agreement.
A second email confirming the delivery time will validate the entire order.
5. c Opening an account.
By express agreement, all orders are subject to an account being opened in accordance with the usual commercial security criteria.
The data required to open an account must be provided in the box on the home page provided for this purpose or when validating the basket.
Opening an account gives the reseller access to professional pricing. The first order following the opening of the account will be made in cash.
Only the opening of an account and the status of Pochon SA private customer give access to the special preferential rate granted on a selection of articles on the website or in the catalogue.
A personal code given to the customer authorises access to this benefit. The purchase of a product is a condition for opening an internet customer account.
By express agreement, the opening, maintenance and closure of an account are subject to the entire discretion of Pochon SA. The customer waives any recourse in the event of a change in the status of his account. However, the account holder will be informed of any change by registered letter with acknowledgement of receipt.
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5. d Delivery
In the case of a multiple order with different delivery times, the customer must specify whether he/she wishes delivery to be split, in which case the carriage costs will be passed on to each shipment.
The customer waives any right of recourse, cancellation or reimbursement resulting from this situation.
5. e Transfer of ownership
By express agreement, the transfer of ownership will take place ''ex works'' (on physical removal from the stock of Pochon SA or its supplier for direct delivery by the latter).
5. f Transport
In all cases, we send our goods carriage forward or collect. Goods travel at the risk of the recipient (even when the cost of carriage is advanced by our company), who must ensure that the packages arrive in good condition and, if necessary, make reservations with the carrier, who remains solely responsible for any losses, damage or delays. The transport insurance conditions will be those of the carrier's contract.
5. g Postage and packing
Shipment by carrier with guaranteed delivery times. Any change of carrier must be requested by fax when the order is placed and will be charged to the customer. All stock orders placed after 3 p.m. will be dispatched the following day.
5. h Order not executed due to non-delivery.
Pochon SA may not be held liable for non-performance of the contract due to failure to deliver in the event of breach of contract, in the event of Pochon SA or its supplier being out of stock, force majeure, partial or total strike affecting the order processing chain, network or computer failure.
ART6 terms of payment
6. a Purpose
The sole validation of the payment by Pochon SA determines the dispatch of the parcel or its collection in shop if collection is chosen by the customer.
6. b Condition
In order to limit the risks of fraud or insolvency, Pochon SA reserves the right, after control, to reject the order without owing any compensation whatsoever to the customer.
ART 7 Method of payment
Once the mandatory account has been opened, there are several ways for the customer to pay in order to close the deal definitively.
These means of payment are strictly limited to the list below.
7. a Online payment by card.
Bank cards: visa & master card. These are the only cards accepted as payment by Pochon SA.
The customer is guaranteed by our Systempay insurance: a new e-commerce payment platform for the Natixis banking network.
The customer is therefore protected and can make a purchase with complete confidence.
7. b Payment by cheque :
Payment by cheque made payable to Pochon SA is accepted on the express condition that it is issued by a bank domiciled in metropolitan France or Monaco up to a limit of 1500€.
For a higher amount, the delivery time will be extended to take account of the date on which the cheque is cashed.
To date, gift vouchers of any kind have not been integrated into the means of payment by Pochon SA.
Payment by cheque in instalments is only authorised by Pochon SA on request and in response to a written request or email from Pochon SA.
Pochon SA, through its bank, reserves the right to make validation of the order subject to a preliminary study of the creditworthiness of the drawee.
7. c In cash :
Payment in euros is only accepted in the case of a product that is usually held in stock when it is collected from the shop on a previously agreed date.
The acceptance of foreign currency is subject to the total discretion of Pochon SA .
7. d By postal order
The customer is authorised to make payment by postal order made out to pochon Avenue Michel Crépeau 17000 La Rochelle.
7. e By bank transfer.
For sums greater than 1500 €, as a security measure, except by express agreement, Pochon sa reserves the right to require payment by bank transfer. In this case, an email setting out the bank details of Pochon sa will be sent to the customer in order to make the transfer as quickly as possible. The notification of the receiving bank of the presence on the Pochon SA account of the amount of the order including additional costs will determine the start of the delivery process.
7. f Placing an order for any product implies full payment before delivery.
Payment alone guarantees reservation and availability of the product.
7. g The invoice
The customer's invoice is available and issued when all the terms and conditions of sale have been validated and at the time of collection from the carrier or delivery to the customer's premises.
The invoice can be printed and accessed via the my account section once the customer has logged in using their code and password.
7. h Default of payment
Failure to pay authorises Pochon SA to suspend or close the account of the customer who contravenes these General Terms and Conditions of Sale.
Pochon SA reserves the right to extend the delivery time or to refuse an order validation from the customer in the event that the totality of a previous order has not been paid or in the event of an unresolved dispute.
ART8. Delivery
General delivery times
Although our delivery times are only given as an indication, we endeavour to ensure deliveries on the dates requested by our customers, who may not claim any compensation or cancel their order in the event of a delay beyond the control of Pochon sa.
Shipping times depend on product availability, which is indicated in our catalogue and product sheets in days (a product whose availability is indicated as 3 days means that once ordered, it will take 3 days to reach us). Once the product(s) is (are) in stock, the order is dispatched within a maximum of 48 hours (usually immediately...). Delivery times are then 24 to 48 hours, provided by La Poste (Chronopost 18h), after validation of your order. In the case of payment by cheque, the order is considered valid on receipt of the cheque within the limits of art.7b. Only working days are counted in the times indicated (Monday to Friday, excluding public holidays).
8. a Risks to the recipient
Unless expressly agreed otherwise, goods are dispatched at the consignee's risk.
carriage forward invoiced by our company shall in no way release the recipient customer from his obligations and responsibilities for taking charge of the product. In addition, it is the recipient's responsibility to check the parcels on arrival, to make any necessary reservations with the carrier and to negotiate directly the payment of damages and reimbursement in the event of delay, loss or damage.
8. b Choice of carrier :
For reasons of efficiency and responsiveness, the choice of carrier is determined by Pochon SA on the basis of the company's special relationships with its usual carriers.
In the event of a specific choice by the recipient, the latter will directly and fully mandate the carrier of his choice to collect the parcel and will assume the costs.
8. c Delivery time :
The delivery times announced are not contractual due to the fact that the delivery of the parcel is controlled solely by the carrier or its contractors. Consequently, the recipient customer may not claim any compensation in the event of a delay caused by the carrier, and the recipient may under no circumstances use the carrier's failure as an argument for cancelling the order.
8. d Collection from the shop
Collection from the shop exempts the customer from the obligation to pay postage.
Only the La Rochelle and Hyères shops are authorised to collect products for which a customer order has been validated.
The customer must inform Pochon SA of his decision to collect the product by setting a date. An email confirming Pochon SA's agreement will fix the reservation and availability of the product.
Documents required to collect goods :
- order confirmation email
- identity document
- proof of address.
In the case of withdrawal by a third party, the latter must provide written authorisation (power of attorney) signed by the customer, in addition to his or her identity.
ART9 Right of withdrawal and right of return
General
The customer has a right of cancellation which he can exercise after informing the Pochon SA customer service department by e-mail or registered letter with acknowledgement of receipt.
9. a Withdrawal period
Article L121-20 of the French Consumer Code applies in the event of cancellation of the order. The customer has a period of 14 calendar days following receipt of the order.
Any return request made after the 7-day period for any reason whatsoever will not be accepted.
9. b Proof of the date of receipt of the product
The customer must provide proof of the date of receipt of the product by means of any document issued by the carrier.
This cancellation of the order will be made without penalty or return management costs.
9. c Return costs incurred by the customer.
However, if this right of return is exercised, in accordance with article L121-20 of the French Consumer Code, the cost of returning the goods will be borne by the customer.
9. d Return procedures
To exercise this right of return, the customer must contact customer services by post, email or telephone within 7 days of the order date.
The list of contacts can be found in the dedicated boxes on the Pochon.com website.
Only the Pochon SA customer service department is authorised to issue the agreement. This agreement must be in writing.
1 -Return due to Pochon SA error .
In the event of a return due to an error on the part of Pochon SA, for non-conformity or defect of the product, Pochon SA will proceed directly with the management of the return at its expense.
The customer will facilitate the organisation of this return as much as possible.
2 - Customer-initiated return.
- If the return is due to a change of mind on the part of the customer, the latter will have a period of 15 days to return the product at his own expense, by post for small volumes of less than 50X50X50cm, by carrier for larger volumes. Products will be returned at their insured value.
- When a product is collected from a shop, it will be returned to the same shop by carrier or by insured tracked post.
- The customer remains fully responsible until the goods are returned to Pochon by the carrier.
9. e - Conditions determining the condition accepted for return :
The product must be returned in a condition suitable for resale in accordance with the conditions below:
-In original condition, with no hardware or software modifications and no irreversible traces of assembly.
-In its original packaging.
-Includes all mounting accessories and other attachments.
-In normal operating condition
-With its original manual(s) and user manual in French
-With warranty card.
9. f - Refund following accepted return
After the return, the customer will receive a refund proposal in 3 forms:
- A credit note towards a future purchase.
- By cheque within 30 days.
The customer waives the right to take legal action against Pochon SA if the cheque is not received within this period for reasons beyond the control of Pochon SA.
- By automatic re-crediting for cancellation during the day.
-Failure to return the goods within the authorised time period (15 days from the date of notification of the return accepted by Pochon SA) renders the reimbursement obligations linked to the right of return null and void.
9. g - Exceptions to the right of withdrawal
-Computer software with the media closure seal removed.
-Electronic nautical charts other than those commonly sold and covering France
ART10 Product guarantee
General
Our products are rigorously guaranteed against all manufacturing defects for a period of one year from the date of sale. The guarantee applies to products that have been used and maintained in accordance with the manufacturer's specifications and under normal conditions of use.
The seller remains liable for any lack of conformity of the product with the contract and for any redhibitory defects, under the conditions set out in Articles L 211-4 & L211-5 of the French Consumer Code.
Intervention by the customer or a third party on our appliances automatically invalidates the guarantee. This total guarantee includes labour and any replacement parts.
defective products, with only the cost of carriage or travel, if necessary, being charged to the customer. Displacement on a boat, in the same place as a Pochon technical service, is free of charge for a product integrated into the boat and installed by Pochon.
By express agreement, the customer waives any recourse against the company Pochon aimed at obtaining compensation or reimbursement in compensation for the failure of the product during the guarantee period for any consequence whatsoever.
The application of the "international" warranty of certain manufacturers is understood to be on the site of the brand's authorised local representative, who will be authorised by the manufacturer alone, to the exclusion of any other party.
The customer's guarantee is modelled on that of manufacturers or importers.
For on-board services, workshop repairs and standard exchanges, the warranty period is 90 days for labour.
The only and strict manufacturer's guarantee will be applied, with the closure of computer spare parts supplied by Pochon SA.
10. a IT guarantee
The guarantee on-board computer hardware products is fixed at 1 year for parts and labour in the workshop.
The only and strict manufacturer's guarantee will be applied, with the closure of computer spare parts supplied by Pochon SA.
As the on-board computer is deemed to be dedicated to navigation or communication, only the computer product and its peripherals originally installed and in its strict original configuration will be covered by the warranty.
Excluded from any express authorisation from Pochon SA are interventions on software and OS (Windows) as well as damage resulting from faulty use or maintenance.
Any modification by anyone to the configuration of the software or the addition of complementary software by the customer or other user during the warranty period shall render any warranty claim inadmissible.
10. b Manufacturer's warranty reservations :
The Pochon guarantee, even if it is modelled on the manufacturer's terms and conditions, may differ significantly due to the economic calculation of the contracts entered into and validated by the various manufacturers.
In compliance with the rules on the subject, even if the documents accompanying the product mention extended conditions or greater advantages, Pochon SA reserves the right to make changes, in particular to the length of the guarantee period for imported products.
The guarantee for products sold by Pochon SA as a reseller, even if it may be reduced to the strict application of French law (duration of 1 year), may benefit from the manufacturer's guarantee under the latter's conditions for the additional period, after preliminary agreement.
Pochon SA cannot be held responsible for any failure in the application of the manufacturer's guarantee after the guarantee period covered by Pochon SA.
Any warranty given by a third party authorised by the manufacturer can only be carried out with the manufacturer's agreement and prior information to Pochon SA. In any case, Pochon SA cannot be held responsible for this situation and its direct or indirect consequences.
The Guarantee made by an unauthorised third party, with the exception of an express agreement from Pochon SA, remains under the total responsibility of the customer who will assume the costs in their entirety.
The fact of deviating from the rule or the guarantee procedure implies an abandonment by the customer of the rights linked to it. Pochon sa can in no way be held liable for any action resulting from such a unilateral decision by the customer.
10. c Guarantee procedure
1- The product returned under warranty by the customer:
- The customer chooses his carrier and pays the cost of the return to the after-sales service of Pochon SA La Rochelle. The customer remains solely responsible with his carrier for the non-delivery of the product.
In return Pochon SA will return the product at its expense within the limits of metropolitan France by the carrier of its choice.
Returns outside these limits will be at the customer's expense and the customer will pay the full cost in advance.
-product registration
On arrival, a number will be assigned to the product, together with a job card valid until its departure.
The product is supported under the following conditions:
-The packaging is in visibly good condition.
-detailed explanation of the malfunction
-Customer's name, address and telephone number.
-product return destination
In the absence of these details, the parcel will be refused, returned or put on hold under the customer's responsibility.
2- The product deposited by the customer or 1 third party.
The customer is authorised to take the product to the after-sales service during the warranty period and will receive 1 copy of the after-sales service registration form for the product.
If a product is submitted by a third party, the identity of the third party must be systematically provided.
3- Duration of the intervention
Due to the technical constraints of the products and the need to return to suppliers for certain interventions, the duration of the intervention remains at the discretion of the technical department, which will do its utmost to identify and eradicate defects as quickly as possible.
Unless otherwise specified, the customer will not be entitled to an immediate exchange of the product in order to speed up the return period.
The customer waives any claim for damages for loss of use or any other reason.
The warranty period does not suspend the legal warranty period.
4- Return/availability of guaranteed products
Once the functional check has been validated by the technical department, the product is returned to the customer at the expense of Pochon SA (Metropolitan France).
-or made available to the customer at his request. Failure to collect the product made available within a period of 6 months authorises Pochon SA to collect the product from the customer's address at the latter's expense.
10. D Risks not covered by the guarantee :
Breakage, faulty installation, failure resulting from modifications to the circuitry or wiring of the equipment, damage caused by batteries, water ingress for products not bearing a protection conformity label or obvious use of the product in conditions incompatible with the protection index given in the instructions, fire resulting from the product's environment.
ART11 Jurisdiction clause
Any dispute arising out of these terms and conditions shall be submitted to the courts. Commercial Court of La Rochellewhich has sole jurisdiction.
ART12 Retention of title
By express agreement, the goods delivered remain our property until they have been paid for in full (Law no. 80-335 of 12 May 1980). In the event of non-payment of an invoice, the seller reserves the right to suspend performance of the contract or current orders or to cancel them. Delays in placing orders or carrying out work may not give rise to damages or cancellation of orders. The buyer may not request cancellation of the sale or refuse payment of the price on the grounds of defects; he may only invoke the guarantee.
