Customer Services
CHANTIERS AMEL S.A.
Service Boutique AMEL
8 rue Joseph Cugnot
17180 Périgny
France
E-mail : boutique@amel.fr
The company CHANTIERS AMEL, a limited liability company with share capital of €200,000.00 and registered office located at 8 rue Joseph Cugnot – 17180 Périgny – France, listed on the Register of Companies of La Rochelle under number 78 B 10 (the “Seller”) markets, through its website https://boutique.amel.fr (the “Site”), to the benefit of any person aged 18 and over and the owner of an AMEL sailing boat and/or registered as a member of the AMEL Club (hereinafter the “Customer”), products delivered to the address of the Customer.
The products sold on the site are proposed for sale both nationally and internationally (Europe and outside Europe).
The photographs are as faithful as possible, but cannot ensure a perfect similarity to the product represented, especially as regards the colours.
Any sale concluded remotely through the Site shall be subject to these general conditions of sale (the “GCS”), which constitute the entirety of the contractual relations between the parties. No order can be validated without unreserved acceptance of these GCS. The Customer can express acceptance of the GCS by clicking on the relevant acceptance option before confirming an order. The applicable GCS are those in force at the time of confirmation of the order. The GCS shall take precedence over any other document exchanged between the parties, irrespective of the time when said document is brought to the attention of the Seller. Any specific condition that derogates from or supplements the GCS must be accepted by the Seller in advance and in writing.
The Customer can place an order on the boutique.amel.fr website after logging on using the password s/he will have received, and by creating a new account, or connecting to his/her existing account.
The contractual information is shown in French and English.
The placing of any order implies acceptance of the general conditions, along with the prices and descriptions of the products available for sale. Confirmation therefore equals acceptance of these General Conditions of Sale.
The Seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The order placement process is composed of the stages described below. The Customer selects the product(s) on the Site which s/he wishes to purchase by clicking on “Add to basket”. Each new item added to the basket is indicated to the Customer by the appearance of a number of items in the basket at the top right of the page. At any time, the Customer may:
• View a summary of the products selected or amend the order by clicking on the basket, which may be accessed at the top right of each page;
• Continue with selecting the products ;
• Conclude the selection of products and order the products in the basket, by clicking on the “Order” tab, accessible from the basket.
To finalise the order, the Customer must identify him/herself, either by completing the form provided, which requires, in particular, the entry of the information required for identification, especially forename, surname, e-mail address, telephone number, since these details are mandatory for processing orders and drawing up invoices, or by entering his/her username and password, if already registered. If the Customer has a delivery address that differs from his/her invoicing address, the box “Send to a different address?” must be ticked and the delivery address entered. Before confirming the order and making payment, a summary will appear on the screen showing the Customer’s choices, especially the price of the products, their quantity and the total cost of the order, the Customer’s details, along with the delivery address and the chosen delivery method. After verifying the order summary, the Customer clicks on the box “Confirm my basket” and must accept the general conditions of sale by ticking the relevant box, which states “I have read and accept the Seller’s general conditions of sale”. The Customer must then make payment by ticking the “Place Order” box. Payment is made through the Stripe secure payment system, PCI/DSS level 1 certified (international data security standard for the payment card industry), by bank card. The order is then registered and cannot be amended, with no prejudice to the application of article 5 of these GCS on the right of withdrawal. Upon receipt of the order, the Seller sends an e-mail acknowledging receipt of the order and confirming it.
An e-mail notification is sent to the Customer as soon as his/her package is dispatched. This e-mail will state the number of packages and include the invoice as an attachment.
The computerised records, stored in the information systems of the Seller under reasonable conditions of security, will be considered proof of any communications, orders and payments that take place between the parties. The purchase orders and invoices will be archived on a reliable and durable medium that may be submitted as evidence.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer is responsible for the accuracy of the personal details provided.
The Customer chooses the preferred delivery method from among the different delivery methods proposed on the Site during the order process. Delivery will be made within the period corresponding to the delivery method chosen by the Customer. This period is also indicated in the order confirmation e-mail sent after receipt of the payment for the order. Products are delivered to the address indicated when placing the order and in accordance with the delivery method chosen by the Customer.
The Customer is required to check the condition of the merchandise on delivery and report any damage caused by the courier on the delivery order, in the form of a handwritten reservation accompanied by his/her signature.
As regards shipping, the Seller offers several delivery methods, which are defined before confirmation of the order. As soon as the Seller dispatches a product, the Customer immediately receives a notification e-mail.
On the day of delivery or the first working day after delivery at the latest, the Customer must make any complaint to the Seller regarding a delivery error and/or non-compliance of the products in terms of nature or quality with respect to the indications shown on the purchase order. Any complaint expressed after that period will be rejected.
Such a complaint may be sent to the Seller by e-mail at the following address: boutique@amel.fr. The customer’s e-mail must indicate the customer no., order no. and the name of the product(s) concerned.
Any complaint not submitted according to the rules defined above and within the stipulated deadlines cannot be taken into consideration and will release the Seller from any liability vis-à-vis the Customer.
Upon receipt of the complaint, the Seller shall assign an exchange number to the product(s) concerned and communicate it to the Customer by e-mail, fax or telephone. A product can only be exchanged after the issuing of an exchange number to the Customer in accordance with the process indicated above.
In the event of a delivery error, any item returned to the Seller may be exchanged or refunded. The product must be returned to the Seller using the pre-paid return label. It must be complete and in its original packaging, and a prior e-mail must be sent to inform the Seller, using the address boutique@amel.fr.
The return costs will be met by the Seller, except in cases where the product returned does not correspond to the original declaration made by the Customer on the return note.
Prices are indicated in euros inclusive of tax and excluding any delivery costs and customs clearance charges (for deliveries outside the European Union), which must be met by the Customer.
The delivery costs are indicated at the end of the order in addition to the price of the selected products. They are invoiced in addition. The amount of the delivery costs is calculated depending on the destination country or regions (French overseas departments or territories) and the transport method chosen by the Customer.
The Seller is not required to verify the customs duties and applicable taxes, nor to inform the Customer. It is the Customer’s responsibility to ascertain them by contacting the competent authorities in the country of delivery.
The Seller reserves the right to amend its prices at any time but pledges to apply those that were in effect and indicated to the Customer when s/he placed the order.
The products shall remain the property of the Seller until full payment for said products is received.
Products are offered for sale within the limit of the stocks available at the Seller at the time of the order placed by the Customer and provided they are visible on the Site.
Since the Seller’s stocks change on a daily basis, the Seller cannot guarantee to the Customer that all the products in the order will still be available when the order is placed.
Therefore, despite the Seller’s vigilance, if the products are out of stock (temporarily or permanently), the Seller undertakes to inform the Customer by e-mail, within a maximum of 3 working days from the order date.
However, if the Customer chooses to cancel the order within the deadlines, the Seller shall refund the amount of the order within a maximum of 30 days.
The following means of payment is made available to the Customer for settling the purchases made on the Seller’s site:
• Bank Card through the Stripe services.
The Seller reserves the right to suspend the management of any order or delivery in the event of refusal by the officially accredited bodies to authorise a payment by bank card or in the event of non-payment.
The Customer’s account will be debited on receipt of the order.
All purchases will be made within a strict framework of confidentiality and encryption thanks to the SSL (Secure Socket Layer) protocol. Under no circumstances will the Seller have access to any bank details. Therefore, they will be requested from the Customer again when a new transaction is conducted on the site. The Customer is thus doubly protected against misuse and fraud.
The Customer shall have a period of 14 days to ask the Seller to exchange his/her item(s), by e-mail to boutique@amel.fr. The costs for sending the item(s) shall be met by the Customer.
The Customer is entitled to withdraw from this contract within fourteen days without providing a reason. The withdrawal period will expire fourteen days after the day on which the Customer or a third party other than the courier and appointed by the Customer physically takes possession of the last item.
The Customer must inform the Seller of his/her wish to withdraw by giving a clearly worded statement, either by telephone to +33 (0) 546 55 17 19, or by e-mail to boutique@amel.fr, or by a letter sent in the post to CHANTIERS AMEL S.A. – Service Boutique AMEL – 8 rue Joseph Cugnot – CS 80015 – 17183 Périgny cedex – France. The statement must contain the Customer’s name, the order or invoice number and the list of products returned.
The right of withdrawal is not applicable to goods that have been unsealed by the Customer and which cannot be returned to the Seller for reasons of hygiene. When the right of withdrawal is applicable, the Customer must then return the products to the Seller within 14 days of the communication of his/her decision to withdraw. Any return costs will be met in full by the Customer. All of the sums paid by the Customer will be reimbursed by the Seller using the same means of payment as that used to pay for the order within a period of 14 days at the latest following the date on which the Seller becomes aware of the Customer’s decision to withdraw. This reimbursement will be made to the Customer free of charge. The Seller may postpone the refund until it has recovered the products or until the Customer provides proof of their dispatch, whichever is the earlier.
Complaints: On delivery of the order, the Customer must immediately check the compliance and condition of the products with respect to the order. In particular, the Customer must check the quality and quantity of the products, their condition and characteristics. If the products are not compliant with the order or have deteriorated, the Customer must contact the Seller, either by telephone on +33 (0) 546 55 17 19, or by e-mail to boutique@amel.fr, or by a letter sent in the post to CHANTIERS AMEL S.A. – Service Boutique AMEL – 8 rue Joseph Cugnot – CS 80015 – 17183 Périgny cedex – France, to express his/her complaints, together with an exhaustive explanation and justification of the grounds for the complaint. No complaint will be taken into consideration after the products have been used. No spontaneous return, without the approval of the store manager or Seller, will be accepted.
Contractual guarantee: If the complaint is justified, the Seller shall exchange the product or, if such an exchange is impossible, refund the price of the product concerned, at the price paid by the Customer when the order was placed.
Legal warranty: The products sold are also covered by the legal guarantee of compliance stipulated in articles L. 217-4 to L.217-13 of the French Consumer Code and the warranty for faults in the item sold, under the conditions laid down in articles 1641 to 1648 and 2232 of the French Civil Code. Pursuant to the provisions of article L217-15 of the French Consumer Code, articles L217-4, L217-5 and L. 217-12 of the French Consumer Code and article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced below in full:
The products offered on the site are compliant with French legislation. However, the Seller will accept no liability in the event that the product delivered should fail to respect the legislation of the Customer’s country located outside French territory.
The Seller is responsible for the fulfilment of its obligations arising from a contract concluded remotely, whether said obligations are to be carried out by the Seller itself or by other service providers, without prejudice to its right of recourse with respect to the latter.
The Seller may not be held liable for any inconvenience or damage relating to the use of the internet, such as, in particular, an interruption of the service, the presence of computer viruses or external intrusion.
Chantiers AMEL respects the privacy of its Customers and undertakes to ensure that all information collected, which enables identification of its Customers, will be considered confidential information. The legal basis for the collection and processing of this information is:
The products ordered shall remain the property of the Seller until full payment of the price (comprising the principal and interest) by the Customer. In the event of a payment incident on the agreed payment date, the Seller reserves the right to take all necessary steps to recover its products.
The Seller may not be held liable in the event of incomplete or non-execution of its obligations under the contract, if said non-execution is caused by an event that constitutes force majeure, including, in particular, strikes, fire, explosion, flooding, serious accidents, earthquakes, climatic events or any event outside the Seller’s control.
These GCS are subject to French law. In the event of a dispute arising from an order subject to these GCS, the Customer must send its complaints to the Seller in writing, together with an exhaustive explanation and justification of the grounds for the complaint. If the dispute is not resolved after such a complaint, the consumer Customer may have recourse to an alternative dispute resolution procedure. The consumer Customer has the right in particular to have recourse, free of charge (except for any lawyer and/or expert witness fees the consumer Customer would choose), to a consumption mediator to seek an amicable resolution to any dispute with the Seller provided that (i) the consumer Customer has made a prior attempt to resolve the dispute directly with the Seller through a written complaint as indicated above, and that (ii) the dispute has not already been examined by another mediator or a court. The consumer Customer has a period of one year from the date of the complaint written to the Seller to submit a request to the mediator. The consumer Customer may submit the request by one of the following means:
For any question about the mediation process, the consumer Customer may visit the CM2C website (https://cm2c.net/) or contact CM2C by telephone (+33 (0)6 09 20 48 86). Any dispute pertaining to an order or the application or interpretation of these GCS will be subject to the exclusive jurisdiction of the competent courts of La Rochelle, irrespective of the places of delivery of the products.
