Update: 10 January 2025
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SCOPE OF APPLICATION
The general terms and conditions of sale (“GTCS”) govern the contractual relationship between FENDSEA (hereinafter referred to as ” FENDSEA “), a simplified joint stock company registered in the Lorient Trade and Companies Register under number 952 698 074, whose VAT number is FR01952698074 and whose registered office is located at 1 rue Honoré d’Estienne d’Orves 56100 Lorient, France, and any consumer or purchaser (the ” Customer “) of the merchant website accessible at the following address: https://www.fendsea.com/ (hereinafter referred to as the ” Site “) placing an order for the products described in Article 2 (” Products “).
Before placing an Order, the Customer is invited to read these GTC and to accept them by clicking on the appropriate box. Validation of the Order by the Customer implies unreserved acceptance of these GTS.
The GTC constitute the contractual documents binding on the User.
These GTC may be modified at any time as the Site evolves. It is the Customer’s responsibility to consult them regularly in order to check the version in force at the time of ordering. The applicable GCS are those in force at the time the order is validated. These GTC were last updated on the date indicated in the title.
The different versions of the GCS are archived by FENDSEA.
In case of doubt, the Customer may contact FENDSEA :
- by e-mail at the following address: contact@fendsea.com
- by post at the following address: 1 rue Honoré d’Estienne d’Orves 56100 Lorient, France
By ordering on the Site, the Customer acknowledges that he/she has read and is bound without reservation or restriction by the General Terms and Conditions of Sale.
IF THE CUSTOMER DOES NOT WISH TO BE BOUND BY THE AFOREMENTIONED DOCUMENTS, THEY MUST NOT PLACE ANY ORDERS.
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DEFINITIONS
Terms beginning with a capital letter and used in both the singular and plural in these GCS shall have the following meaning:
- ” GTC “: refers to the General Terms and Conditions of Sale governing the supply of Products by FENDSEA available for sale on the https://www.fendsea.com/ website.
- ” Customer “: refers to any natural person placing an order for Products via the Internet site https://www.fendsea.com/.
- ” Consumer “: refers to any natural person acting for purposes which are not part of their commercial, industrial, craft or professional activity.
- ” Order “: refers to any order for Products placed by the Customer via the https://www.fendsea.com/ website.
- ” Customer Account “: refers to the Customer’s account enabling them to register and record their details and also to place and pay for their order. This Customer Account is not compulsory in order to place an Order.
- ” Products “: refers to durable, environmentally-friendly fenders for boats from 8 to 25 metres in length intended for a variety of uses, such as storage or waste collection, which can be found on the https://www.fendsea.com/ website and the sale of which is governed by the Terms and Conditions of Sale.
- ” Website “: refers to the website published by FENDSEA and accessible at the following address: https: //www.fendsea.com, as well as all the functions and services offered therein, including the possibility of placing an order, the sale of which is governed by the GTC.
- ” User “: generally refers to any person browsing the https://www.fendsea.com website.
- ” Seller “: refers to the company FENDSEA, a simplified joint stock company registered with the Lorient Trade and Companies Register under number 952 698 074, whose registered office is located at 1 rue Honoré d’Estienne d’Orves 56100 Lorient, France, and whose VAT number is FR01952698074.
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ESSENTIAL CHARACTERISTICS OF FENDSEA PRODUCTS
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Product characteristics
FENDSEA takes the utmost care to provide precise information on the essential characteristics of the Products offered on its website, by means of detailed descriptions and photographs or illustrations.
This information is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products.
The photographs and illustrations presenting the Products available on the Website are for information purposes only and have no contractual value. FENDSEA cannot be held responsible in the event of error or modification of the characteristics of the Products by suppliers and publishers.
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Product Availability & Stocks
Products are offered while stocks last.
FENDSEA cannot guarantee that the Products sold will be restocked and cannot be held responsible for this to the extent of its possibilities or the possibilities of the manufacturer. Product offers are valid as long as they are online on the Website and within the limits of available stocks.
In the event that one of the Products ordered is not available in stock after the order has been validated, FENDSEA undertakes to contact the Customer by e-mail within fifteen (15) working days from the date of validation of the order in order to inform the Customer of this and to indicate how soon the Product in question could, if necessary, be delivered.
If a Product is no longer available after the order has been validated, the Customer will be informed by e-mail and offered a Product that is available in another colour. If the Customer refuses, FENDSEA will reimburse the sums paid within fifteen (15) working days.
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PRICES OF FENDSEA PRODUCTS
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Product prices
The Products are offered for sale at the current prices shown on the website https://www.fendsea.com when the order is placed by the Customer.
The sale prices are expressed in Euros (€) including all taxes (TTC), excluding delivery and transport costs mentioned when the Customer places the order.
Prices take into account the VAT applicable on the day of the order and any change in the legal VAT rate will automatically be reflected in the price of the Products offered by FENDSEA on its website.
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Delivery costs
Delivery costs are fixed at a flat rate and are indicated on the Order summary, prior to payment. The Customer is invited to pay particular attention to these costs.
Delivery costs will vary depending on the Customer’s choice of :
- delivery time (express or normal),
- carrier
- place of delivery (home, relay point, shops).
The total amount due by the Customer, including delivery costs, is indicated once the Customer has chosen the delivery options and in the order confirmation e-mail sent to the Customer.
FENDSEA is not responsible for taxes and additional service charges applied by certain countries.
FENDSEA will not be responsible for any duties, taxes or customs charges under any circumstances.
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COMMERCIAL OFFERS
To benefit from a commercial offer sent by post or e-mail, or relating to the Product(s), the Customer must, depending on the type of offer concerned :
- Enter and validate their “promotional code” in the field provided on the Order summary page on the Site;
- Reach the number of Products and/or the total amount specified in the offer in order to benefit from it.
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ORDERING FENDSEA PRODUCTS
The creation of a Customer Account is not compulsory in order to place an Order.
However, when placing an Order on the https://www.fendsea.com website, the Customer must provide the personal information required to process the Order(surname, first name, email address, telephone number, billing address, delivery address and a password) in accordance with the website’s general terms and conditions of use.
If their telephone details are collected, the Customer has the right, pursuant to article L. 223-3 of the French Consumer Code, to register on the telephone canvassing opposition list(BLOCTEL).
The process of placing, validating and confirming the order comprises the following stages:
- The customer confirms the order by clicking on “order”;
- A new page will open showing the contents of the order as well as the sub-total, shipping costs and total price;
- The Customer can then log in and create an account (a username and password are required) (not compulsory).
- The Customer fills in their personal details on a form – the information requested is compulsory as it is necessary for the order to be delivered.
- The Customer must therefore :
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- choose the billing and delivery address ;
- choose the payment method and proceed with payment
- accept the general terms and conditions of sale by ticking the box provided for this purpose when finalising the order, then validate the order by clicking on “Order”.
The customer may purchase one or more Products in a single order on the Site.
The Order only becomes definitive once the Customer has paid the full price and FENDSEA has checked that the Product is available as soon as possible.
All registered orders cannot be modified.
The Customer will receive an e-mail from FENDSEA at the address provided, confirming the Customer’s order (the ” Order Confirmation “) within twenty-four (24) working hours of the Order being placed on the Web Site.
This Order Confirmation e-mail will include the following information:
- A description of the Products;
- Identification of the Order number;
- The total amount of the Order (price and delivery costs);
The sale will only be considered definitive once FENDSEA has sent the Customer Confirmation of acceptance of the Order.
FENDSEA cannot be held responsible for any typing errors and the consequences thereof in terms of late or incorrect delivery. Failing this, FENDSEA will be unable to process the Sales Order.
FENDSEA reserves the right not to confirm an order, notably in the event of a refusal to authorise payment, an incorrect address or any other problem with the Client’s account.
In this case, FENDSEA will inform the Customer by e-mail.
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METHOD OF PAYMENT FOR THE ORDER BY THE CUSTOMER
It is expressly agreed between the parties that only the means of payment proposed by FENDSEA will be accepted to pay for the Order and the Customer or User may not use any means of payment other than those proposed by FENDSEA.
The Customer will pay for the Order by :
- Credit card via the secure interface of the payment service provider selected by FENDSEA, which guarantees the confidentiality and security of the information provided by the Customer, linked to the means of payment concerned.
At no time will the Customer’s bank details pass through the FENDSEA computer system, which is released from any liability in this respect.
To access the secure payment site, the Customer must click on the type of card with which they wish to make their payment in order to definitively confirm their Order. The Customer must then provide his/her bank card number, depending on the type of card, its expiry date and the visual cryptogram.
The Customer expressly acknowledges that he/she has read and accepts the general terms and conditions of the establishment concerned, which can be accessed via the payment interface. The latter will be responsible for processing the personal data entered by the Customer relating to the means of payment.
- Stripe
- Payment in 3 instalments via klarna
- EPS Bank
- Google pay
- Apple pay
As soon as the Customer confirms payment, the Order is recorded and becomes irrevocable. The order form will be recorded on FENDSEA’s computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.
The Customer guarantees that he/she is fully authorised to use the means of payment used and that this means of payment gives access to sufficient funds to cover the costs of the Order and undertakes to provide these establishments with accurate information.
Once the payment has been validated, the Customer will receive a summary of the transaction by e-mail.
The Customer acknowledges and accepts that should a payment incident occur in connection with the payment of the Order, delivery of the Product may be suspended.
In the event that the bank refuses to authorise payment of the Order, the latter shall be automatically cancelled and the Customer shall be notified of the cancellation by e-mail.
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DELIVERY OF FENDSEA PRODUCTS TO THE CUSTOMER
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Place of delivery
The Products ordered by the Customer on the Web Site can be dispatched and delivered within Metropolitan France and the European Union to the address indicated by the Customer when placing the Order on the Web Site.
Products ordered by the Customer will only be delivered in Metropolitan France and the European Union to the address indicated by the Customer on the order form.
Each order is delivered to a single address. If the Customer requests delivery to more than one address, separate orders must be placed.
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Delivery times and methods
FENDSEA makes every effort to respect the delivery times mentioned when the Order is registered.
FENDSEA uses a logistics service provider to ensure the delivery of the Products within the times indicated on the Order summary. FENDSEA cannot be held responsible for delays in delivery due to errors or disruptions attributable to the logistics service provider.
The Customer will be informed by e-mail of the imminence of a shipment relating to his/her Order. In the event of a delay in delivery of more than five (5) working days in relation to the date indicated, FENDSEA invites the Customer to inform FENDSEA of this delay by e-mail to the following address: contact@fendsea.com
FENDSEA will contact the carrier to ensure that the Product is being delivered.
If the Product is not found within ten (10) working days, FENDSEA will send the Customer a similar Product. If the Product(s) ordered are no longer available, FENDSEA will reimburse the Customer for the amount of the Product(s) concerned.
On receipt of the Order, the Customer is obliged to check the condition of the Products delivered in the presence of the transporter and to check that the Products conform to the order.
If necessary, the Customer is invited to make handwritten reservations accompanied by his/her signature on the delivery slip.
Without prejudice to the applicable legal guarantees, the Customer is also advised to send his/her reservations as soon as possible to FENDSEA at the following address: 1 rue Honoré d’Estienne d’Orves 56100 Lorient, France.
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Transfer of ownership and risks
Ownership of the Products will not be transferred to the Customer until the latter has paid the Price in full. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.
The product delivered remains the property of FENDSEA until full and effective payment of the price by the Customer. Failure to pay may result in FENDSEA reclaiming the product.
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CUSTOMER DECLARATION
The Customer declares that he/she has the capacity required to contract and purchase the Products offered for sale on the https://www.fendsea.com website . The Customer is invited to consult the information and descriptions of each Product in order to know its essential characteristics.
The Customer declares that he/she is of legal age and that he/she has full legal capacity to enter into commitments under these GTCs and thus to enter into contracts under French law.
The Customer undertakes to use the Website only to consult it or to place orders that legally comply with the FENDSEA GTCS.
The information posted on the Website does not in any way exempt the Customer from taking note of any other information attached to the Product or marked on the Product or its packaging (precautions for use, cleaning conditions, etc.).
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EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CUSTOMER
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Legal withdrawal period applicable
In application of article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product, by him/her or a third party designated by him/her, to exercise his/her right of withdrawal from FENDSEA, without having to give any reason or pay any penalty, with the exception of the cost of returning the Products for reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of informing FENDSEA of his/her decision to withdraw.
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How to exercise the right of withdrawal
The Customer may, within this fourteen (14) day period, return the Product together with the purchase invoice by registered post or recorded delivery.
If the right of withdrawal is exercised within the applicable period, only the price of the Product(s) purchased and the delivery costs will be reimbursed, with the cost of returning the Product and the associated transport costs remaining the responsibility of the Customer.
The Customer may only exercise his/her right of withdrawal for Products returned in their original condition and complete(packaging, accessories, etc.). Any Product returned incomplete, spoiled or damaged by the Customer will not be taken back.
Reimbursement will be made within fourteen (14) days of the date on which FENDSEA is informed of the Customer’s decision to retract in application of article L. 221-24 of the Consumer Code by the same means of payment as that used for the initial transaction (unless the Customer expressly agrees to FENDSEA using another means of payment).
Any order returned without having been notified by email or post to the address indicated will not be processed.
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Notification of the exercise of the right of withdrawal to FENDSEA
In order for the applicable withdrawal period to be respected, the Customer must send notification of the exercise of the right of withdrawal to FENDSEA before the expiry of the 14-day withdrawal period, including: (i) the Customer’s name, postal address and, where available, telephone number and e-mail address, as well as (ii) the Customer’s decision to withdraw by means of an unambiguous statement expressing the Customer’s wish to withdraw.
The Customer may send a request for retraction to FENDSEA by filling in the retraction form accessible in our footer and on our “contact” page or by sending an email to contact@fendsea.com or by post by following the steps below:
- Send an e-mail to FENDSEA, informing them of your wish to exercise your right of withdrawal, giving your order number and the Products to be returned.
- FENDSEA will then provide a free returns voucher (exchange or reimbursement is free of charge within 15 days of the order)
- Put the Products to be returned and the delivery note back into their original packaging and close it carefully. The Products must be complete and new.
- Go to the carrier of your choice to return the parcel to the following address
The Customer may, but is not obliged to, use the model retraction form in Appendix 1 to these GCS.
The Customer bears all the risks of this shipment. Thus, FENDSEA will not be held responsible in the event of loss, theft or delay of the returned product. The burden of proof for the return lies with the Customer.
Upon receipt of the new Product in its original packaging, FENDSEA will inform the Customer who will be reimbursed within thirty days of taking charge of the returned Product.
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LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
The Products benefit automatically and without additional payment from the Customer, independently of the right of withdrawal, in accordance with the legal provisions of :
- the legal guarantee of conformity (articles L. 217-3 to L. 217-14 of the French Consumer Code), for Products that appear to be defective, damaged or do not correspond to the Order.
You are reminded that in the context of the application of the legal guarantee of conformity :
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- According to article L. 217-3 of the French Consumer Code, FENDSEA is obliged to deliver a Product that is compliant, fit for the use expected of a similar good and corresponding to the description given on the Product description under the conditions set out in article 3 of these GTCS.
- The Customer has a period of two (2) years from delivery of the Product to take action against FENDSEA.
- In application of article L. 217-9 of the Consumer Code, the Customer may choose between repairing or replacing the Product ordered. Nevertheless, FENDSEA may not proceed according to the Customer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the Product or the importance of the defect. If replacement or repair of the Product proves impossible, FENDSEA undertakes to refund the price of the Product to the Customer.
- The Customer is exempt from having to prove the existence of a lack of conformity of the Product during the six (6) months following its delivery.
- The Customer cannot invoke the legal guarantee of conformity: when he/she was aware of the defect at the time of contracting or when he/she could not have been unaware of the defect at the time of contracting.
- the legal warranty against hidden defects (articles 1641 to 1649 of the French Civil Code) arising from a defect in the Product delivered which renders it unfit for its intended use or which diminishes its use.
You are reminded that in the context of the application of the legal warranty against hidden defects :
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- The Customer has a period of two (2) years from the discovery of the defect to take action.
- In application of article 1644 of the French Civil Code, the Customer has the choice between returning the Product and having the price refunded or keeping the item and having part of the price refunded.
- The seller is not liable for any apparent defects that the Customer has been able to satisfy himself/herself of.
In order to assert his/her rights, the Customer must inform FENDSEA in writing and return the Products that do not conform or are affected by a hidden defect in the condition in which they were received with all the elements (original packaging, accessories, explanatory notes, etc.) accompanied by a copy of the invoice to FENDSEA’s postal address.
Potential reimbursements for Products deemed to be non-compliant or affected by a hidden defect will be made as soon as possible and at the latest within fourteen (14) days of FENDSEA noticing the non-compliance or hidden defect.
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EXEMPTION FROM FENDSEA’S LIABILITY
For all stages of access to the Site, the Order process, delivery or subsequent services, FENDSEA has only an obligation of means. FENDSEA shall not be held liable in the following cases in the event of misuse, use for unsuitable purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The execution by FENDSEA of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays their execution. FENDSEA will inform the Customer of such a fortuitous event or force majeure within fourteen (14) days of its occurrence. In the event that this suspension continues beyond a period of one (1) month, the Customer will then have the possibility of cancelling the order in progress, and will then be reimbursed under the conditions set out above.
Furthermore, FENDSEA cannot be held responsible, insofar as permitted by current regulations, for any direct, immaterial or indirect damage that may result from access to the Site or from inappropriate use of the products within the meaning of the “use of products” article, particularly when these products contain restrictions on use.
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UNAVAILABILITY OF THE WEBSITE
The Website or access to one or more services within the Website, such as the online sales area, may be closed temporarily or permanently, without notice or compensation, and without a Customer being able to claim any compensation whatsoever.
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PROTECTION OF PERSONAL DATA
In order to operate the Site and manage orders, FENDSEA collects and processes the personal data of Customers necessary for the operation of the Site.
By placing an Order on the Site, the client declares that said information is accurate and corresponds to reality.
Any personal information or data that the Client provides to FENDSEA will be treated in accordance with the Confidentiality Policy.
For more information, the personal data processing policy is available here [Cross-reference by clicking].
FENDSEA is committed to protecting the privacy of individuals with regard to personal data. FENDSEA ensures that its policies and practices regarding the collection, use, storage, transfer and access to personal data comply with the requirements of Law No. 78-17 on Data Processing, Data Files and Individual Liberties of 6 January 1978 (and subsequent amendments) and the European Union’s General Data Protection Regulation of 27 April 2016 (the “GDPR”).
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INTELLECTUAL PROPERTY
FENDSEA and/or its Partners are the exclusive owners of the intellectual property rights relating to the content of the website including, but not limited to: trademarks, logos, domain names, graphic charters, texts, gifs, animations, sounds, icons, illustrations, photographs, descriptive sheets of works, images and videos, whether visual or audio, databases, as well as their formatting.
Any reproduction, representation, dissemination, distribution, translation, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly forbidden without the express prior written consent of FENDSEA.
This representation or reproduction, by any means whatsoever, may constitute an act of counterfeiting for which the counterfeiter may be held civilly and criminally liable. FENDSEA reserves the right to take legal action against the counterfeiter.
Certain visuals and information integrated into the website have required recourse to external sources for which FENDSEA has acquired the rights or for which the rights of use are open.
You are also reminded that hypertext links placed on the Website may lead to other sites whose content remains the sole responsibility of the operators and owners of these sites.
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MISCELLANEOUS PROVISIONS
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Duration
These GCS apply to the Customer throughout the period during which FENDSEA performs its services. The clauses of these GTC which by their nature are intended to survive beyond the expiry of the GTC will remain applicable.
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Waiver
The fact that one of the parties does not at any time require the strict performance by the other party of any provision or condition of these GTCs will not be deemed to constitute a definitive waiver of this provision or condition.
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Full agreement – Invalidity of a clause
The GTCS, and any document expressly referred to in them, constitute the entire agreement between the Customer and FENDSEA, concerning the subject matter thereof. They replace any other prior pact, agreement or promise made between the Customer and FENDSEA, whether orally or in writing.
If one of the non-essential clauses of the GTC should prove to be null or inapplicable by virtue of a law or regulation or following an enforceable court decision or decision of a competent authority, the parties expressly agree that these GTC will not be affected by the nullity of the clause concerned.
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Pre-contractual information
By accepting these GCS, the Customer acknowledges that, prior to placing his/her order, he/she has been provided with: the GCU [link], these GCS and all the information and details referred to in articles L. 111-1, L. 221-18 and L. 224-25-5 et seq. of the French Consumer Code, and in particular:
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- the essential characteristics of the products
- the current price;
- information relating to the identity of FENDSEA and its postal and electronic contact details, enabling complaints to be dealt with quickly;
- Information relating to the exercise of the right of withdrawal;
- information relating to the legal guarantee of conformity and the legal guarantee against hidden defects;
- if their telephone details have been collected, of their right, in application of article L. 223-3 of the Consumer Code, to register on theBLOCTEL list (liste d’opposition au démarchage téléphonique);
- the possibility of having recourse to a consumer mediator in the event of a dispute.
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Language
These GTC are written in French.
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Mediation
Pursuant to article L. 612-1 of the French Consumer Code, if the Customer is a consumer, he/she may submit any dispute with FENDSEA relating to the performance of these GTCs to the Consumer Mediator via the website of the Commission d’Evaluation et de contrôle de la médiation de la consommation http://www.economie.gouv.fr/mediation-conso, who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
To submit a request for mediation, the Customer can use a claim form accessible on the mediator’s website.
In addition, the online dispute resolution platform provided by the European Commission can be accessed at the following address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The Customer remains free to accept or refuse recourse to mediation and to accept or refuse the solution proposed by the mediator.
Before referring the matter to the aforementioned mediation service, the Customer must have contacted our customer service department by e-mail at the following address: contact@fendsea.com to try to resolve the dispute.
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Applicable law and dispute resolution
These GCS are governed, interpreted and subject to French law.
Any dispute relating to these GCS that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts and tribunals of the Customer’s domicile.
The French courts shall have exclusive jurisdiction.