General conditions of sale

GENERAL INFORMATION

The online store “ www.duvoisinnautique.ch ” was developed and is operated by “Duvoisin frères Sàrl, Battieux 3, CH-2013 Colombier” (registered with the commercial register of the canton of “Neuchâtel”).

The bank details are: Banque Cantonale Neuchâteloise, IBAN No CH23 0076 6000 1037 0915 7. The VAT No. is: CHE-214.032.912;VAT.

Contact: [email protected], telephone +41 (0)32 841 10 66.

Any order for a product listed in the online store www.duvoisinnautique.ch or offered by Duvoisin nautique &; sports requires prior consultation and acceptance of these general conditions.

Consequently, the buyer who orders online (but also by email, mail, fax or telephone) acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document.

The buyer has the option of saving or printing these general conditions, it being specified that both the saving and the printing of this document are his sole responsibility.

Any dispute arising in connection with the operation of the website " www.duvoisinnautique.ch " and the company Duvoisin Nautique et Sports, Christophe and Antony Duvoisin, will be managed by the general terms and conditions of sale below. If, despite everything, the dispute should persist, a so-called "amicable" solution will be preferred for our part. Where applicable, the courts of the Canton of "Neuchâtel" will have sole jurisdiction.

GENERAL CONDITIONS OF SALE

Article 1: Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation the entirety of the provisions provided for in these general conditions. No general or specific condition appearing in the documents sent or delivered by the buyer may be integrated into these terms and conditions, since these documents would be incompatible with these general conditions.

Article 2: Purpose The
purpose of these general conditions is to define the rights and obligations of the parties in the context of the retail, wholesale or online sale of goods and services offered by Duvoisin* to the buyer.

Article 3: Entry into force – duration
These general conditions come into force on the date of the online, oral or written order. These general conditions are concluded for the duration necessary for the provision of the goods and services subscribed to, until the expiry of the guarantees due.

Article 4: Electronic signature
The buyer's "click" on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 5: Order confirmation
Contractual information will be confirmed by email, mail or telephone. If this is not the case, the invoice will be the subject of order confirmation. For certain items (boats, kayaks, etc.) a deposit or full payment may be requested when ordering.

Article 6: Product/Stock Information
6-a: Duvoisin* presents the products for sale with the necessary information that allows the potential buyer to know, before placing a final order, the essential characteristics of the products he wishes to purchase.

6-b: The products presented are only valid within the limit of available stocks. Duvoisin* cannot be held responsible for any product that is no longer deliverable, out of stock, or sold out - even if it is still present on the site or catalog(s).

6-c: Duvoisin* reserves the right to modify and replace products according to its suppliers’ catalogs.

6-d: The images, designations and characteristics appearing on the website, the catalogue(s) and price lists are not contractual. This information is given in good faith but subject to errors.

Article 7: Prices
Prices are set in Swiss francs. For Switzerland and Liechtenstein, all our prices include VAT (8.1%).
For other countries, VAT, customs duties and possible taxes of the country of delivery are the responsibility of foreign customers upon delivery.

Prices may be modified if necessary when confirming the order; the customer will be notified for approval.

Article 8: Payment method
To pay for his order, the buyer has the choice of all the payment methods offered on the online order form and the catalogs.

Duvoisin* reserves the right to modify the payment method. The buyer guarantees that he has the necessary authorizations to use the payment method chosen by himself, when validating the order form.

Duvoisin* reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment of the order.

Duvoisin* reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid for an order or with whom a dispute is in progress.

Duvoisin* reserves the right to verify the legitimacy of the customer in case of doubt. As part of the verification, the customer will be asked to send Duvoisin* a copy of an identity document with proof of address. The order will only be validated after receipt and verification by our services of the documents sent.

In the event of non-compliance with payment deadlines, a late payment interest of 7% will be charged as well as reminder fees. Duvoisin* may forward the collection of a due debt to an organization specialized in the field.

Article 9: Availability of products
The order will be executed as quickly as possible and the items in stock will be sent within 1 to 3 days.
The delivery times indicated on the site are given as an indication, we will inform customers if necessary.
In the event of a delay compared to the indicated time or unavailability of an ordered product, the buyer will be informed as soon as possible. Duvoisin* makes every effort to meet delivery times.  The delivery times mentioned are indicative and do not bind Duvoisin* in any way. Failure to comply with the delivery time does not give the customer the right to withdraw from the contract or to claim compensation.

Article 10: Delivery terms
The products are delivered to the address indicated by the buyer on the order form or orally. The buyer undertakes to check the condition of the goods upon receipt. He informs Duvoisin* within 8 days of delivery, in writing or by email, of any defects found.

Article 10.1: Shipping
Click on the "Shipping" link at the bottom of the home page for more details.

Article 11: Right of return
The customer has a right of return of 8 days following the arrival of the goods at his home. If the customer is not fully satisfied, he has the possibility to return at his own expense the unused goods in perfect condition and in their original unopened packaging.

In the event of a return, Duvoisin* reserves the right to invoice or deduct the costs incurred by preparation, transport, packaging or administration.

There is no right of return on items ordered specially for the customer; on boats, kayaks, paddles, pedal paddles.

Article 12: Delivery problems due to the carrier
The goods travel at the customer's risk. Any anomalies concerning the delivery (damage, product missing from the delivery note, damaged package, broken product, etc.) must be indicated in the form of "handwritten reservations", accompanied by the customer's signature. The buyer must also confirm this anomaly by sending the said complaints to the carrier by registered mail. The buyer must send a copy of this letter to Duvoisin*.

Article 13: Delivery error
13-a: The buyer must make, within  8 days following delivery, any claim, delivery error and/or non-conformity of the products in nature, or in quality, compared to the indications appearing on the order form. Any claims made beyond this period will be rejected. To benefit from the right of return following a delivery error, the item must not have been unsealed, opened or used under any circumstances.

13-b: The formulation of this complaint to Duvoisin* must be made exclusively in writing or by email.

13-c: Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release Duvoisin* from all liability.

Article 14: Retention of title, cancellation of order
The goods remain the property of Duvoisin* until they have been paid in full. At no time may the amounts paid be considered as deposits or down payments.
In the event of cancellation of an order accepted by Duvoisin*, cancellation fees may be requested and the deposits or down payments may not necessarily be refunded.

Article 15: Product warranty
The goods are guaranteed according to the conditions of our suppliers only but at least the legal period of 2 years. Used items or standard exchanges may have a warranty period removed. If an item is replaced under warranty, the initial period is not extended.

Goods that have been modified by a third party are excluded from the warranty.

Only goods giving rise to complaints will be repaired or replaced following examination by "Duvoisin"*. Transport of goods covered by a guarantee is not covered.

No other claims will be admitted in addition to the exchange or repair of the defective goods.

Article 16: Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.

Article 17: Applicable law
These general terms and conditions are subject to Swiss law and in particular to the Code of Obligations, which governs aspects not expressly mentioned in these general terms and conditions. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact Duvoisin* to obtain an amicable solution. In a second stage and in the event of an appeal, the buyer may file a complaint with the courts of the Canton of "Neuchâtel".

Article 18: Data Protection and Freedoms
The information requested from the buyer is necessary for processing his order and may be communicated exclusively to Duvoisin*'s contractual partners involved in the execution of this order. The buyer may write to Duvoisin* to exercise his rights of access and rectification with regard to the information concerning him and contained in the files.

These general conditions are in French. The buyer declares that he has full legal capacity to enter into a commitment under these general conditions.

The French text is authoritative.

(Duvoisin* = www.duvoisinnautique.ch, Duvoisin nautique & sports, Duvoisin frères Sàrl (formerly Christophe and Antony Duvoisin))