Contact details :

Shop & Sail is a société par actions simplifiée (simplified joint stock company), with its registered office at La Rochelle (17 000), 52 rue de la Trinquette, and registered with the Registre du Commerce et des Sociétés de La Rochelle. Its intra-community VAT number is FR61927508358 (hereinafter the “Company”).

  • Customer service contact : by telephone on +33 (0) 5 54 54 91 14 or via the contact form.
  • Data concerning the host : the company Kinsta 8605 Santa Monica Blvd #92581 West Hollywood, CA 90069 United States of America

This document sets out the General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) which govern the contractual relationship between Shop & Sail (hereinafter referred to as “Shop & Sail” or the “Seller”) and its consumer customers (hereinafter referred to as the “Customer” or the “Customers”), whether for the sale of goods or products. Shop & Sail and the Customer shall be referred to individually as a “Party” and collectively as the “Parties”.

For the purposes of these General Terms and Conditions of Sale, the term “consumer” means, in accordance with the introductory article of the French Consumer Code, any natural person acting for purposes that do not relate to his or her commercial, industrial, craft, liberal or agricultural activity.

ARTICLE 1 – CONTRACTUAL DOCUMENTS

The contract for the sale of goods or products between the Vendor and the Customer (hereinafter referred to as the “Contract”)
is made up of the following elements :
– where applicable, the Special Terms and Conditions of the Contract ;
– these General Terms and Conditions of Sale; and
– where applicable, the Order, which will refer, where applicable, to the technical and administrative requirements which define the procedures to be followed by each of the Parties for the proper performance of the Contract.
In the event of any discrepancy or contradiction between the provisions of one or more contractual documents, the order of priority shall be that of the list set out above.

ARTICLE 2 – OBJECT AND FIELD OF APPLICATION

These General Terms and Conditions of Sale govern the sale of goods or products or the provision of services by the Vendor for the Customer by means of the following distribution and marketing channels, namely :
(i) immediate purchase; or (ii) the placing of an order directly with the Vendor; or or (iii) the placing of an order on the Vendor’s commercial Internet site (hereinafter referred to as the “E-shop”) accessible at the following address: www.shopandsail.com


These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the immediate purchase or the placing of an order. The Customer acknowledges that, prior to making an immediate purchase or placing an order, he/she has been provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and with all the information and details referred to in articles L. 111-1 to L. 111-7 and L. 221-5 of the French Consumer Code. These General Terms and Conditions of Sale are also available on the Seller’s E-shop.

The purchase or order of goods or products implies the Customer’s unreserved acceptance of and full compliance with these General Terms and Conditions of Sale. These General Terms and Conditions of Sale take precedence over all other conditions, in particular those applicable through other distribution and marketing channels. All other documents such as catalogues, prospectuses, advertisements and notices are for information purposes only and are not contractually binding.

As they may be modified at a later date, the General Terms and Conditions of Sale applicable to the Customer’s purchase are those in force on the date of the immediate purchase or the placing of the order.

ARTICLE 3 – INTELLECTUAL PROPERTY

All technical documents provided to the Customer as well as the content of the E-shop remain the exclusive property of Shop & Sail, being the sole holder of the intellectual property rights on these documents and on the content of the E-shop. At Shop & Sail’s request, the technical documents must be returned.

The Customer undertakes not to make any use of the documents that might infringe Shop & Sail’s industrial or intellectual property rights, and not to disclose them to any third party.

The Customer also undertakes not to make any use of the content of the E-shop; any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 4 – PERSONAL DATA

The personal data provided by the Customer, as defined by law, is necessary for the processing of his/her order and the preparation of invoices.

This data may be shared with the Vendor’s partners responsible for executing, processing, managing and paying for orders.

Personal data will not be kept beyond the time required to manage the commercial relationship. However, it will be kept by the Vendor in order to comply with its legal obligations, particularly with regard to archiving. The retention period will not exceed that necessary for the purposes for which the data is retained.

The Seller undertakes to take all necessary precautions to guarantee the security of this data, to prevent its alteration, damage or unauthorised access by third parties.

In accordance with French law no. 78-17 of 6 January 1978, as amended, the Customer has an individual right to access, rectify and delete personal data concerning him/her, which he/she may exercise by sending a written request to the Vendor’s postal address or by e-mail to the following address: contact@shopandsail.com

ARTICLE 5 – ORDERS

Buyer’s capacity :

  • The buyer places an order on the site in accordance with the process in force on the website.
  • Only persons with the legal capacity to enter into a contract are authorised to place an order on the site.
  • Goods or products may be purchased with or without a prior order. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

5.1. Definitions

5.1.1 By means of immediate purchase or by placing an order outside the E-shop
By order, we mean any order from the Customer relating to the products sold and accepted by the Seller, or any order from the Customer relating to the services offered and accepted by the Seller, accompanied by payment of any deposit stipulated on the order form.
In the case of purchases of goods or products or services for which an estimate has been drawn up in advance, the order will only be considered definitive once the Seller has drawn up an estimate which has been accepted by the Customer. This acceptance may take the form of a signature on the quotation or an express written agreement, including by fax or e-mail.


5.1.2 By placing an order on the Seller’s E-shop

The Customer may place an order online on the E-shop, from the online catalogue and using the form provided therein, for any goods or products, subject to availability.
If a good or product is unavailable, the Customer will be informed by e-mail. The order for this product will then be cancelled and reimbursed if necessary, with the rest of the order remaining firm and definitive.
For the order to be validated, the Customer must accept these General Terms and Conditions of Sale by ticking the appropriate box.
If the Customer wishes to purchase one or more goods or products, they must select a model or its reference, define the quantity and then click on “Add to cart”. The cart summarises the Customer’s selection and enables them to modify their order. To validate the products chosen, the Customer must click on “Pay” or “Validate order”, as appropriate.
Once this stage has been completed, the Customer may identify themselves using their login details or by entering their personal details in the space provided, if applicable. They must then choose their method of payment, indicate the address and delivery method chosen, accept the General Terms and Conditions of Sale unreservedly by ticking the appropriate box, and then click on “Order”.
An order number will be assigned. The Seller will keep a record of the order as proof of the contractual relationship between both parties.

The sale will be considered final :
– once the Seller has sent the Customer confirmation of acceptance of the order by e-mail; and
– the Seller has received payment in full.

Any order implies full and unreserved acceptance of these General Terms and Conditions of Sale, as well as of the prices and descriptions of the products available for sale.
In certain cases, notably non-payment, incorrect address or any other problem with the Customer’s account, the Seller reserves the right to block the Customer’s order until the problem has been resolved.
For any question relating to the tracking of an order, the Customer may consult the space dedicated to order tracking on the E-shop (“My account” section) or call 09 78 80 5 820 (cost of a local call).

5.2. Modification – Cancellation
5.2.1 For all orders not covered by article 5.3.2 below
Orders sent by the Customer to the Seller are irrevocable.
Any request for cancellation or modification of the composition or volume of an order transmitted by a Customer may be considered by the Seller if the request, made in writing, including by fax or e-mail, is received by the Seller no later than eight (8) days after receipt by the Seller of the initial order. In this case, the Seller reserves the right to accept or refuse the request to cancel or modify the order. In the event of a modification accepted by the Seller, the latter will be released from any deadlines agreed for the performance of the Contract.

In the event of cancellation accepted by the Seller, the Parties will no longer be bound by the Contract.
In the event of a request for modification or cancellation for any reason whatsoever, other than force majeure, within the time limits referred to above but refused by the Seller or outside the time limits referred to above, the Customer shall owe the Seller the full price of the order.

5.2.2 Right of withdrawal
Pursuant to the provisions of articles L. 221-18 et seq. of the French Consumer Code, for any order placed under the terms of a contract concluded remotely, following a telephone canvass or away from the Seller’s premises, the Customer has a period of fourteen (14) working days to exercise his/her right of withdrawal without having to justify his/her reasons, from :
(i) the conclusion of the Contract, in the case of contracts for the provision of services; or
(ii) receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods. For off-premises contracts, the Customer may exercise his right of withdrawal from the moment the Contract is concluded.
The Customer shall inform the Seller of his decision to withdraw by sending him the withdrawal form in the Dinghy of these General Terms and Conditions of Sale by post to the Seller’s postal address or by e-mail to the following address: privacy@kinsta.com

The Customer also has the option, under the same conditions, of making a clear statement expressing their wish to withdraw, specifying whether they would like an exchange or a refund.

The exchange or refund will be made at no additional cost, with the exception of the cost of returning or re-sending the goods, which remains at the Customer’s expense.

The Customer must return the unsatisfactory goods or products within fourteen (14) days of notifying the Seller of their decision to withdraw. The cost of returning the goods or products shall be borne by the Customer.

Products must be returned in their entirety, in perfect condition and in their original packaging (including accessories and instructions for use), to the Seller’s postal address. Any product that is damaged or whose original packaging has deteriorated will not be reimbursed or exchanged.

The Seller will reimburse the Customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw. However, the Seller may defer reimbursement until the goods have been recovered or until the Customer provides proof of dispatch of the goods, whichever is the earlier. Refunds will be made by crediting the bank card used by the Customer to place the order.


The Seller is not obliged to reimburse additional costs if the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the Seller.
In accordance with article L. 221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal when ordering personalised products such as cut-to-size products (ropes, adhesive strips) or those made to measure (ropes with endings, rope renovation, textile shackles, loops).

ARTICLE 6 – DELIVERIES AND PERFORMANCE OF SERVICES

6.1. Delay

Delivery times for goods or products are expressed in working days and are provided at the time the order is placed, depending on the information provided by the Customer relating to the order and the applicable technical specifications, the delivery method selected and the standard logistics time in the industry.

In accordance with Article L. 216-1 of the French Consumer Code, in the absence of any indication or agreement on the delivery date when the order is placed, the Seller must deliver the goods or perform the service without undue delay and no later than thirty (30) days after the Contract is concluded.

If the seller does not fulfil its obligation to deliver the goods or provide the service on the date stipulated when the order was placed, or failing this, no later than thirty (30) days after the Contract was concluded, the Customer may cancel the Contract in accordance with articles L. 216-2, L. 216-3 and L. 216-4 of the Consumer Code. To do so, the Customer must send a registered letter with acknowledgement of receipt or a written document on another durable medium, requesting the Seller to carry out the delivery or service within a reasonable additional period. If the Seller does not comply within this period, the Contract shall be deemed to have been terminated as soon as the Seller receives the letter or writing informing him of this termination, unless the Seller has complied in the meantime.

The Customer may terminate the Contract immediately if the seller refuses to deliver the goods or fails to comply with his obligation to deliver on the date or within the period referred to above, and this date or period constitutes an essential condition of the Contract for the Customer. This essential condition may arise from the circumstances surrounding the conclusion of the Contract or from an express request by the Customer prior to the conclusion of the Contract.

The goods or products will be delivered or executed at the address indicated by the Customer when the order was placed. The details provided by the Customer are considered to be accurate and will not incur the liability of the Seller in the event of a dispute. If the Customer is absent at the time of delivery, the carrier will leave a calling card at the address indicated, which will enable the Customer to collect the parcel from the place and within the period specified. Any parcel returned to the Seller due to an incorrect or incomplete address will be resent at the Customer’s expense.

On request, the Customer may receive an invoice at the billing address rather than the delivery address by selecting the corresponding option when ordering.

The products will only be delivered once the total amount of the order has been received, in accordance with the conditions specified above. These times will be indicated in the order summary and in the space dedicated to tracking orders in the Eshop (“My account” section) or by telephone on 09 78 80 5 820 (cost of a local call).

6.2. Deliveries – Reserves


6.2.1 In accordance with Article L. 216-5 of the French Consumer Code, when the Customer chooses to entrust the delivery of the goods or products to a carrier other than the one proposed by Shop & Sail, the risk of loss or damage to the goods is transferred to the Customer when the goods are handed over to the carrier designated by the Customer.

6.2.2 Under these conditions, the Seller is not responsible for the delivery of the goods or products. Deliveries are made by an independent carrier, to the address given by the Customer at the time of the order or immediate purchase and to which the carrier will have easy access. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.

6.2.3 Furthermore, it is the Customer’s responsibility, in the event of damage to the goods delivered or shortages, to make all necessary reservations with the carrier. Any product which has not been the subject of reservations by registered letter with acknowledgement of receipt within three (3) days of receipt from the carrier, in accordance with article L. 133-3 of the French Commercial Code, a copy of which will be sent simultaneously to the Seller, will be deemed to have been accepted by the Customer.

6.3. Acceptance – Complaints

Acceptance without reservation of the goods or products or services ordered by the Customer covers any lack of conformity or shortage. Any reservations must be confirmed under the conditions set out in article 6.3.4.
Without prejudice to the measures to be taken by the Customer with regard to the carrier as described in article.

6.2 above, in the event of lack of conformity or shortages, any claim, of whatever nature, relating to the goods or products delivered or to the services provided, will only be accepted by the Seller if it is made in writing, by registered letter with acknowledgement of receipt, within three (3) days of delivery, subject to the guarantee periods applicable in article 10.
No goods or products may be returned by the Customer without the Seller’s express prior written agreement, obtained in particular by fax or e-mail. The Seller will only be liable for the cost of returning the goods if the Seller is in fact satisfied that there is a lack of conformity or that the goods are missing.
It is the Customer’s responsibility to provide proof of the lack of conformity or shortages. The Seller reserves the right to carry out, directly or indirectly, any inspection and verification.
When, after inspection by the Seller, a lack of conformity or a shortcoming is in fact found, the guarantee of conformity is intended to apply under the terms and conditions set out in article 10 of these General Terms and Conditions of Sale.
A complaint made by the Customer under the terms and conditions described in this article does not suspend payment by the Customer for the goods or products concerned.

6.4. Suspension of deliveries
In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect for forty-eight (48) hours following its receipt, the Seller reserves the right to suspend any delivery or any performance of services in progress and/or to come.

6.5. Refusal of an order
In the event that a Customer places an order with the Seller without having paid for the previous order(s), the Seller may refuse to honour the order and deliver the good or product or perform the service concerned, without the Customer being able to claim any compensation whatsoever, for any reason whatsoever.

ARTICLE 7 – COSTS – PRICE

7.1. Costs
For Products that are not collected by the Customer from the Seller, the prices do not include the costs of processing, shipping, transport and/or delivery.
The costs of processing, shipping, transport and/or delivery are indicated to the Customer when the order is placed and, where applicable, invoiced separately to the Customer as an additional charge, depending on the value of the order and the delivery method selected.
For shipments outside the European Union, the Customer should contact the Seller at the following email address: contact@shopandsail.com

7.2. Prices
The Products are supplied at the current prices shown in the Seller’s price list on the day of immediate purchase or registration of the order by the Seller. Prices are expressed in Euros, excluding VAT and including VAT. These prices are firm and non-revisable during their period of validity, as indicated in the Seller’s price list, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

Products stored in Martinique will be subject to price increases due to the various taxes imposed by the customs authorities.

ARTICLE 8 – PAYMENT TERMS

8.1. Payment

8.1.1 By immediate purchase or by placing an order outside the E-shop

Invoices are payable on the due date shown on the invoice. Only the actual receipt of payment will be considered as full payment within the meaning of these General Terms and Conditions of Sale.
Any amount including VAT not paid by the due date will give rise to the payment by the Customer of penalties set at three times the legal interest rate.
These penalties are payable ipso jure and will be automatically debited from the Customer’s account without any reminder or formal notice being necessary to start the late payment penalties.
In addition, the Seller reserves the right to refer the matter to the competent court to put an end to this non-performance, subject to a daily penalty for each day of delay.

8.1.2 By placing an order on the Seller’s E-shop

  • In the event of payment by bank card, the amount will be debited immediately.
  • By bank transfer (the RIB will be specified at the time of this choice of payment)


Payment may be made using a national bank card, as well as Visa, Eurocard and Mastercard payment cards.

The Customer guarantees the Seller that he/she has the necessary authorisation to make the purchase with the payment card used when validating the order. The amount of the order will not be debited until it has been validated. The Seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations, or in the event of non-payment. In particular, the Seller reserves the right to refuse delivery or to honour an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in the process of being resolved.

Payment by bank card is secured by an SSL (Secure Socket Layer) encryption system. Consequently, the Seller has no access to the Customer’s card number, which is transmitted confidentially.

ARTICLE 9 – RETENTION OF TITLE

All the Seller’s supplies are subject to a reservation of title. This means that ownership of the products remains suspended until full payment of the price by the Customer, including the principal amount and accessories, even if payment terms have been granted.

The Customer undertakes, on pain of immediate reclamation of the goods or products by the Seller, not to process, resell or transfer the said goods or products in any form whatsoever, until the price has been paid in full.

In the event of non-payment of an invoice on the due date, the Seller may also request the cancellation of the sale after sending a simple formal notice.

ARTICLE 10 – GUARANTEES

It is expressly agreed that the guarantees referred to below shall not apply in the event of damage resulting from :
– The use by the Customer or a third party of a product or equipment in an inappropriate manner or in a manner that does not comply with its intended purpose as defined by the Seller ;
– Faulty assembly or commissioning, or incorrect or negligent handling by the Customer or a third party without the Seller’s prior authorisation and supervision;
– Modification or unilateral repair of the product or equipment carried out by the Customer or by a third party without the prior authorisation and supervision of the Seller.
– Inappropriate foundation, chemical, electrochemical or electrical influences not attributable to the Seller; or
– Natural wear and tear.

10.1. Guarantees applicable to the goods and products sold
10.1.1 Warranty of conformity


The Customer who purchases a good or product benefits from the legal guarantee of conformity set out in articles L. 217-4 to L. 217-14 of the French Consumer Code. The Seller is obliged to deliver goods that conform to the Contract as defined in article L. 217-5 of the same Code, and is liable for any defects in conformity that exist at the time of delivery.
The products or goods must be checked by the Customer on delivery, and any complaint, reservation or dispute relating to the conformity of delivery with the goods or products ordered, and to shortages, must be made under the conditions set out in article 6. The Customer must provide full justification as to the reality of the defects observed or shortages, with the Seller reserving the right to carry out, directly or indirectly, any observation and verification.
The Customer must notify the Seller in writing of any defects in delivery which existed at the time of delivery and which become apparent after receipt of the products.
The Seller shall also be liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made its responsibility under the Contract or has been carried out under its responsibility. Consequently, defects and deterioration in the goods or products delivered as a result of abnormal conditions of storage and/or conservation and/or delivery to the Customer, in particular in the event of an accident of any kind whatsoever, shall not entitle the Customer to the guarantee owed by the Seller.
In the event of a lack of conformity noted and verified by the Seller, the Customer chooses between repairing or replacing the goods.
However, the Seller 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 goods or the significance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
The implementation of the legal guarantee is free of charge for the Customer.
It is specified that any action resulting from a lack of conformity is time-barred after two (2) years from the date of delivery of the goods or product, in accordance with the provisions of article L.217-12 of the French Consumer Code.

10.1.2 Guarantee against hidden defects


The Seller provides the Customer with a guarantee against hidden defects in the goods and products sold, in accordance with the provisions of articles 1641 to 1649 of the Civil Code. This guarantee may only be invoked within a period of two years from the discovery of the defect.

A hidden defect refers to a manufacturing fault in the good or product which renders it unfit for use and which cannot be detected by the Customer before it is used, or which reduces its usefulness to such an extent that the Customer would not have acquired it, or would have acquired it at a lower price, if he had been aware of the fault. A design defect is not considered to be a hidden defect.

The hidden defects guarantee only applies to goods or products that have legally become the property of the Customer. It is excluded if the goods or products have been used in conditions or with performances that were not foreseen, and it does not cover damage and wear resulting from special, abnormal or non-compliant adaptation or assembly of the products.

Under the hidden defects guarantee, the Customer has the choice of returning the goods and obtaining a refund of the price, or retaining the goods and receiving a partial refund of the price.

ARTICLE 11 – UNFORESEEN CIRCUMSTANCES

In accordance with the provisions of Article 1195 of the French Civil Code, if a change in circumstances unforeseeable at the time the Contract was entered into makes performance excessively onerous for a party who had not agreed to assume the risk, that party may ask its co-contractor to renegotiate the Contract. It shall continue to perform its obligations during the renegotiation.
If this renegotiation is refused or fails, the Parties may agree to terminate the Contract on the date and under the conditions that they determine, or ask the judge, by mutual agreement, to adapt the Contract. If no agreement is reached within a period of fifteen (15) days following the start of the renegotiation period, either of the Parties may apply to the competent Court for the revision or termination of the Contract.

ARTICLE 12 – FORCE MAJEURE

12.1. Force majeure or fortuitous events are events beyond the control of the Parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders performance of the obligations totally impossible. In particular, the following are considered to be cases of force majeure or fortuitous events which relieve the Seller of its obligations: strikes by all or part of the Seller’s staff or its usual carriers, fire, flood, war, production stoppages due to unforeseen breakdowns, the impossibility of being supplied with raw materials, epidemics, thaw barriers, roadblocks, strikes or disruption of EDF-GDF supplies, or disruption of supplies for a reason not attributable to the Seller, as well as any other cause of disruption of supplies attributable to the Seller’s suppliers.

12.2. In such circumstances, the Seller shall notify the Customer in writing, in particular by fax or e-mail, within twenty-four (24) hours of the date on which the events occurred, and the Contract between the Seller and the Customer shall then be suspended ipso jure without compensation, with effect from the date on which the event occurred.

12.3. If the event lasts for more than 30 days from the date of its occurrence, the Contract entered into by the Seller and its Customer may be terminated by the most diligent Party, without either party being entitled to claim damages.

12.4. This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt denouncing the said Contract.

ARTICLE 13 – DISPUTES

he Customer is informed that, in the event of a dispute, he may have recourse to the consumer mediation procedure under the conditions provided for in articles L. 111-1 and R. 111-1 of the Consumer Code, in order to obtain an amicable solution.

GROUPE SEA-B has notified the CNIL that Mr Lecler has been appointed as Data Protection Officer (DPO). This designation bears the number DPO-135872 and takes effect on 21/07/2023.
Shop & Sail has set up its own in-house consumer mediation system, whose contact details are as follows :

Postal address

Shop & Sail Mediation Service

22 rue des 4 chevaliers

17220 La Jarne

E-mail adress : contact@shopandsail.com

ARTICLE 14 – JURISDICTION

14.1. The Seller elects domicile at its registered office listed on the first page of these General Terms and Conditions of
Sale.

14.2. Any dispute which has not been resolved amicably under the conditions set out in Article 13 above, concerning the application of these General Terms and Conditions of Sale and, more generally, the Contract, its interpretation, its performance or relating to the payment of the price, will be brought before the competent courts under the conditions of common law.

14.3. In addition, in the event of legal action or any other action for the recovery of debts by the Seller, the costs of summons, court costs, as well as lawyer’s and bailiff’s fees, and all dinghy costs will be borne by the Customer at fault, as well as the costs linked to or arising from the Customer’s failure to comply with the payment or delivery conditions of the order in question.

ARTICLE 15 – RENUNCIATION

The fact that the Seller does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

ARTICLE 16 – APPLICABLE LAW

Any question relating to these General Terms and Conditions of Sale, as well as to the sales they govern, which is not covered by the present contractual stipulations, shall be governed by French law to the exclusion of any other law.

ARTICLE 17 – LANGUAGE OF THE CONTRACT

These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ANNEX 1 – REPRODUCTION OF ARTICLES L. 217-4 ET SEQ. OF THE CONSUMER CODE
Article L217-4 :


The Seller undertakes to deliver goods in conformity with the contract and is liable for any lack of conformity present at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where these are his responsibility under the contract.


Article L217-5 :
The goods are in conformity with the contract :
1° If it is fit for the purpose normally expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6 :
The seller is not bound by the public statements made by the producer or his representative if it is established that he was not aware of them and could not legitimately have been aware of them.
Article L217-7 :
Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 :
The buyer is entitled to demand that the goods conform to the contract. However, he may not challenge conformity on the grounds of a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect originates in materials supplied by the customer.

Article L217-9 :
In the event of a lack of conformity, the buyer can choose between repairing or replacing the goods.
However, the seller may not proceed according to the buyer’s choice if this choice would result in a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L217-10 :
If repair and replacement are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to him :
1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be found without major inconvenience for the consumer, given the nature of the property and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.

Article L217-11 :
The application of the provisions of articles L. 217-9 and L. 217-10 shall be at no cost to the buyer.
These same provisions do not prevent the award of damages.

Article L217-12 :
Any action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L217-13 :
The provisions of this section do not deprive the buyer of the right to bring an action arising from redhibitory defects, as set out in Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extra-contractual nature recognised to the buyer by
law.

Article L217-14 :
The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.

ANNEX 2 – WITHDRAWAL FORM

For the attention of Groupe SEA-B, company registered with the RCS 977 813 203 – 22 rue des 4 Chevaliers 17220 La Jarne, contact@shopandsail.com

The website https://www.shopandsail.com belongs to the SEA-B group

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below :
Ordered on :
Received on :
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.