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TERME AND CONDITION OF USE PONTOS
INDIVIDUAL AND PROFESSIONAL
ARTICLE 1: SCOPE
These general conditions of sale apply to all sales between PONTOS and the Individual or professional customer (indicated as being " the Customer ") who realizes a mail order or on-line purchase made via the website www.pontos.fr, that belong to the company PONTOS whose registered office is at 7 rue du Mottais – ZI Sud – 35400 SAINT MALO – France and registered in the Saint-Malo Trade and Companies Register under the RCS number B513780296. These general conditions of sale are the only ones applicable and replace all other conditions, unless prior written consent. PONTOS may be occasionally obliged to modify certain provisions of its general conditions, it is then necessary that they be reread before each visit on the PONTOS.FR website. These changes are effective from their put on line and can not apply to contracts concluded earlier. Every purchase on the website is governed by the terms and conditions applicable at the date of the order. We believe that validating your order, you unreservedly accept our general conditions of sale, having read them.
These general conditions of sale and the prices are expressly agreed and accepted by the buyer, who declares and admits having a perfect knowledge, and gives up, thereby to invoke any contradictory document, including its own conditions of purchase, act of purchase involving acceptance of these general conditions of sale. These terms may be changed at any time without notice.
By accessing this site, you agree to the Terms and Conditions of Use contained therein.
The sales of PONTOS to the individual or professional customers are exclusively submitted to the applicable French and European legislation in France, and it is true whatever is your place of residence or the place of delivery of the bought goods.
PONTOS is a member of FEVAD (Fédération Française des Entreprises de Vente à Distance, 60 rue de la Boëtie, 75008 PARIS, France) and made a commitment to respect the principles of consumer protection contained in the professional charter.
ARTICLE 2: PRICE
Prices shown in euro are net, excluding postage. Those expressed in currencies other than the euro are given for information purposes only. They can be changed at any time without notice, knowing that the items will be charged based on the current record of the order, subject to availability. All orders are invoiced in euros and payable in euros..
Our shown TTC prices takes into account the VAT application in the day of the validation of the order.
For professional clients, our prices are shown without taxes. The VAT will be applied during the validation of the order. The professional client will beforehand have to create a customer account on the site to www.pontos.fr, and to specify its company information’s. A request will be transmitted to our departments to validate the access to the professional catalog.
Any change of the rate of applicable VAT or any addition or increase of taxes, enters the day of the validation of the order and that of the delivery can be completely echoed on price including taxes of the delivered products.
For deliveries outside mainland France, any customs fees or local taxes are the responsibility of the recipient. The products remain the property of www.pontos.fr until full payment of the price
ARTICLE 3: SHIPPING
For all regions, charges apply in addition to the price of the order, depending on the mode of shipment, on the region and on height of the ordered products. This contribution to costs of transport is indicated to the Customer during the consultation of the basket, before validation of the order.
ARTICLE 4: DETAXE
You must take into consideration the fact that, in the context of the relocation of an order or a product to another country than France, you remain the importer (buyer or intra-Community) of the products. Customs duties, local taxes, import duties or state taxes that may be required are your responsibility.
You must check with your local residence on the conditions of entry of goods ordered and you need to make any statement and / or payment corresponding to the relevant organizations of the country concerned. In addition, you should check with local authorities the possibilities of importation or use of the products or services you plan to move. You must also ensure that the specific techniques the manufacturer respect the legislation of the country concerned.
If you do not follow the laws of the country where you have introduced products, we can not be held responsible.
Especially if you do other than deliver on French territory, you are required to proceed with the authorities of your country, the payment of any tax, fee or remuneration due for private copying or broader property rights intellectual.
So you need to learn about the submission of any product ordered from this tax, fee or remuneration, the amount thereof and the terms of its declaration and the payment to the authorities designated by the law of your place of delivery.
The sales tax exemption is a choice left to the discretion of the merchant, it is not obliged to give the benefit of the procedure for export sales. PONTOS decided not to deal with requests for tax refund. We advise you to take the necessary steps before your purchase on our website. Any request for tax refund will be denied.
ARTICLE 5: AVAILABILITY
Our product offers and prices are valid until they are visible on the site, within the limit of stocks available
In the event of unavailability of a product after placing your order we will notify you by email for a maximum deadline of 7 calendar days, by e-mail, at the address supplied by the Customer during the creation of its account. In this case, the Customer has the choice to cancel his order, or to maintain it during the extension required by PONTOS for the availability of missing articles.
ARTICLE 6: VALIDATION
You acknowledge having read and accepted these Terms and Conditions before placing your order. The validation of your order implies acceptance of these Terms and Conditions.
Unless proved otherwise, the data recorded by PONTOS constitute proof of all transactions made by PONTOS and its customers.
PONTOS reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order or present to him any form of risk.
ARTICLE 7: SECURE PAYMENT
You have several payment with maximum safety guarantees.
You can pay by:
- Credit card (Carte Bleue, Visa, Eurocard / Mastercard): You will have to indicate your card number and expiry date directly in the box provided for this purpose.
- Check : this payment method is available only for french customers. Other customers cannot use the payment methos. Check details will be sent by email once you confirm your order. The transfer must be made at PONTOS as quickly as possible, the article is reserved upon receipt of payment. Otherwise, the indicated disponibility at the time of order can not be guaranteed, PONTOS will notify the customer of the new delivery if needed. p class="content_cms" style="text-align: justify;">
- Bank Transfer: Bank details will be sent by email once you confirm your order. The transfer must be made at PONTOS as quickly as possible, the article is reserved upon receipt of payment. Otherwise, the indicated disponibility at the time of order can not be guaranteed, PONTOS will notify the customer of the new delivery if needed.
Our site is subject to a security system:
Protocol "3D Secure" for card payment
Since October 1st, 2008, French banks apply the protocol "3D Secure" to ensure customers ordering on Internet a more secure payments.
PONTOS is therefore against fraud in collaboration with the Credit Mutuel de Bretagne Bank in order to protect its customers from fraudulent use of their credit card.
In practice, this means that you will be asked: card number, expiry date and security code (last three digits on the back of your card).
You will be redirected to your bank that will ask you to enter a security code to accept the transaction.
You should note that each bank is free to choose its means of authentication, and it is the bank who relay the secure code to communicate. We recommend that you contact your bank in order to obtain the necessary information.
ARTICLE 8: DELIVERY
The products are delivered to the delivery address you specified during the ordering process.
PONTOS can not be held responsible for late delivery or non-delivery in cases where the customer has not indicated a complete delivery address and correct. The return of a parcel that has not been delivered by a lack of information in the shipping address will be charged according to current rates.
Caution: In case of payment by bank transfer or by check, the order will be processed upon receipt of payment . Consequently, the time limits in this case are those at the date of receipt of payment and may be modified from those listed on the day of placing the order. Product availability at time of order can not be guaranteed, PONTOS notify the customer of new delivery if the product is no longer in stock
Upon receipt of your order, we recommend you to check the accuracy of your order in the presence of the deliveryman. For a claim to be admissible, it must be stated in writing at the time of receipt. We recommend you to inform PONTOS if applicable, any anomaly concerning it, within 48 hours during business days. After this time, PONTOS can not be held responsible for delivery of non-compliance.
ARTICLE 9: LATE DELIVERY
Any overshoot will not give rise to damages, withholding or cancellation of the order by the purchaser.
In case of late delivery from the date originally fixed, the buyer should notify in writing (mail or email) to contact [@]pontos.fr to allow PONTOS to open an investigation with the company transport.
If ordered articles were delivered no more than 90 days after validation of the order, the Customer can cancel his order without additional charges and obtain the complete refund from it.
According to provisions of the articles L.121-16 and following ones of the Code of the consumption, the customer arranges, as from the delivery of a deadline of 7 true days to return the product which would not suit. In this case, the expenses of return are chargeable to the customer and the product stays under its responsibility until the reception in our site. PONTOS will pay off the customer of all of the paid sums, except the expenses of return, as soon as possible and at the latest in 30 days according to the date of the reception of articles by our departments. This refund which can intervene only on condition that the product returned to us to its original packing with all the accessories, the note and other documentation. PONTOS reserves the right to take all the expenses necessary for the delivery on sale of the product, on the amount of the refund. Incomplete, damaged, damaged or made dirty returned articles will not be paid off. The refund will be made in the form of credit note, valid on the site without limitation of validity in time. The customer can ask if he wishes for the refund of the credit note. Any complaint has to reach us by registered letter with an acknowledgement of receipt, accompanied with the return of the product by parcel.
ARTICLE 11: WARRANTY
PONTOS products are considered as conform before departure, in quality and number. It is up to the buyer to verify the parcel during the reception of the goods and to make the reserves of use with the carrier.
PONTOS products are guaranteed against any defect of material or manufacturing during a duration of 5 years as from the date of their delivery (for a professional client, the date of the beginning of guarantee corresponds to the delivery date to the user customer). The interventions in conformance with the guarantee cannot have the effect of extending this one.
This guarantee gives the right to no compensation in cash or in kind but in the conditions specified below and in the respect for the legislation in force, which covers naturally the irregularities of functioning which would be due either to a fault, or to a latent defect recognized by PONTOS.
The presentation of the invoice by the end customer will systematically be required when the guarantee will be called. In conformance with this guarantee, the only obligation falling to PONTOS will be, in our choice, the repair of the product or its replacement. Transport charges for this service are in the exclusive responsibility of the customer.
Conditions: are excluded from the guarantee : the defects and the deteriorations caused by the natural wear or by the accidental cause outside the guaranteed article, the modification of the product not planned nor specified by PONTOS or by a bad dismantling or a reassembly of the product. The expenses of return for this service are chargeable to the customer. For any repair not included in the guarantee, the customer service will emit a quote to the customer. In case of refusal the product will have returned to him as is. The expenses of return for this service are chargeable to the customer. For any repair not included in the guarantee, the customer service will emit a quote to the customer. In case of refusal the product will have returned to him as is.
When shopping, we ask you for information needed (name, address, email) for quality treatment and careful monitoring of your order. The data entered online is stored on a secure server and are immediately encrypted.
You have a right to access and rectify information concerning yourself.
ARTICLE 14: RESPONSIBILITY
The Customer is solely responsible for damage which could be caused to the people or to the goods, including to the PONTOS product, in case of assembly, of installation or of use not in compliance with the recommendations of the making. It is up in particular to the individual customer to verify or to make verify, before placing its order and with regard to the use which he(it) envisages, the technical constraints and the loads which the bought equipment will have to be capable of tolerating, and by considering it in particular the characteristics and the dimensions of the ship. The individual customer is invited to take advice with a professional of the shipbuilding and the chandlery, and in case of doubt, to get in touch with PONTOS before validating his order.
Individual customers: articles proposed by PONTOS are in accordance with the legislation in force. PONTOS disclaims all liability in case our products would not be in accordance towards the legislation of your country where we delivered you. It is up to you to verify the legislation of your country in case of doubt.
PONTOS disclaims any liability for breach of contract due to force majeure (strike, flood, fire ...).
PONTOS cannot be held responsible for damage of all kinds, so material as immaterial or physical who could result from a malfunction or from a misuse of the marketed products.
PONTOS disclaims any responsibility for the content of sites to which hypertext links can send from its own site.
In case of purchases for professional, PONTOS incur no liability for any indirect result of this, loss of business, loss of profits, loss of exchange, damages or expenses.
Photos are for illustrative purposes only. We invite you to read the description of each product to know the precise characteristics, and in case of doubt or if you require further information please do not hesitate to contact us.
www.pontos.fr can contain information which are supplied by outside companies, but also hypertext links managing towards other web sites, or some other types of links. These contents are given in indication and PONTOS disclaims all liability as for the contents of sites put in connection with www.pontos.fr.
The existance of a hypertext link or quite different type of link towards www.pontos.fr on any other Web site, is forbidden without the preliminary agreement of PONTOS.
ARTICLE 15: INTELLECTUAL PROPERTY
All trademark, texts, illustrations and images reproduced on the PONTOS site are reserved under copyright as well as intellectual property and for the world.
Any total or partial reproduction of the site PONTOS is strictly prohibited.
Articles proposed by PONTOS are the object of numerous protected certificates as such in France and in most of the other countries. The purchase of articles on the site of PONTOS with the aim of their copy is strictly forbidden.