These Terms and Conditions of Sale, hereinafter referred to as the “Terms and Conditions”, govern sales made through the www.alabordage.fr website.

1. Seller's identity

ESPRIT YACHTING is hereinafter referred to as “ESPRIT YACHTING”, “A l'Abordage” or the “Seller”.

2. Scope

These Terms and Conditions apply to all orders placed on the www.alabordage.fr website.

The term “Customer” refers to any natural or legal person placing an order on the website. Where the Customer is a natural person acting for purposes outside their trade, business, craft, liberal profession or agricultural activity, they benefit from the protective provisions applicable to consumers.

Certain provisions of these Terms and Conditions are therefore expressly reserved for consumer Customers.

Validation of an order implies acceptance of these Terms and Conditions in the version in force on the date the order is placed.

ESPRIT YACHTING may amend these Terms and Conditions at any time. New provisions do not apply retroactively to orders already concluded.

3. Products and characteristics

The products offered for sale are those presented on the www.alabordage.fr website, subject to availability. Their availability may change up until the order is confirmed.

Product pages describe their essential characteristics, including dimensions, materials, finishes, uses, packaging and, where necessary, the various available options.

Photographs are produced and presented with the greatest care. Slight differences in appearance, colour or finish may nevertheless occur, particularly due to screen settings, the nature of the materials or manufacturing processes. Such differences do not affect the essential characteristics expressly stated on the product page.

Items made of bronze, brass or wood, or manufactured using casting processes, may display natural or manufacturing characteristics specific to these materials and processes.

Where dimensions are indicated, minor manufacturing tolerances may apply, except where a specific dimension has been expressly guaranteed or agreed with the Customer.

Second-hand products

A l'Abordage may also offer second-hand products. Their condition, any signs of use, specific characteristics or known defects are described and, wherever possible, illustrated on the product page.

Second-hand products sold by ESPRIT YACHTING to a consumer remain covered by the applicable statutory guarantees.

4. Choice and use of products

A l'Abordage sells, in particular, deck hardware, rigging equipment, hardware, fasteners, maintenance products, paints, varnishes, adhesives, sealants, wood and supplies intended for marine use, particularly for classic and traditional boats.

It is the Customer's responsibility to check that the selected product meets their requirements, particularly with regard to its dimensions, diameter, material, compatibility, strength or intended environment of use.

If there is any doubt regarding a product reference or dimension, the Customer is invited to contact A l'Abordage before placing an order.

Certain technical components must be installed in accordance with accepted professional standards and may, depending on their function, require installation by a suitably qualified professional.

These provisions do not in any way reduce ESPRIT YACHTING's mandatory statutory guarantees and liabilities.

5. Prices

Prices displayed on the website are stated in euros and include all applicable taxes (VAT included), unless otherwise indicated.

ESPRIT YACHTING may change its prices at any time. However, the applicable price is the price presented to the Customer when the order is confirmed.

Delivery and transport charges, as well as any specific charges relating to heavy, long or oversized products, are indicated to the Customer before final confirmation of the order.

6. Orders

Before confirming the order, the Customer may check the contents of their basket, the references and quantities ordered, their contact details, delivery address, delivery method and total order amount, and correct any errors.

To finalise the order, the Customer must in particular:

• enter or confirm their contact details;
• check the products and quantities ordered;
• select one of the available delivery methods;
• read and accept these Terms and Conditions;
• confirm the order with an obligation to pay;
• select and use one of the available payment methods.

An order confirmation is sent to the Customer by email.

ESPRIT YACHTING may suspend or refuse to process an order, in particular in the event of a refused payment, manifestly incorrect information, fraud or attempted fraud, subject to the applicable legal provisions.

7. Availability

Products are offered subject to stock availability and supply possibilities.

Where an ordered product proves to be unavailable, ESPRIT YACHTING will inform the Customer as soon as possible.

Depending on the circumstances, the Customer may choose, in particular, to wait for the product to be restocked, accept a proposed replacement product, accept a partial shipment, or obtain cancellation and reimbursement of the unavailable product.

No substitute product will be imposed without the Customer's agreement.

8. Payment

Payment is due when the order is placed, unless otherwise specifically agreed with ESPRIT YACHTING.

The available payment methods are those offered to the Customer when placing the order. The website notably allows payment by bank card, cheque or bank transfer.

Payment by bank card

Bank card payments are processed using the secure Sogecommerce solution provided by Société Générale.

The banking information required for the transaction is transmitted to the payment service provider in a secure environment. ESPRIT YACHTING does not retain the Customer's complete bank card number.

The amount corresponding to the products shipped is debited, on average, 48 hours after the transaction.

Payment by cheque or bank transfer

In the event of payment by cheque or bank transfer, shipment takes place after receipt and clearance or validation of the payment.

9. Delivery

Products are delivered to the address provided by the Customer when placing the order.

The available delivery methods, their costs and the applicable delivery times are presented to the Customer before final confirmation of the order.

Available destinations are those offered during the ordering process. Certain goods may be subject to transport restrictions, particularly because of their nature, weight, dimensions or applicable regulations.

Where products within the same order have different availability dates, ESPRIT YACHTING may offer several separate shipments, according to the conditions communicated to the Customer.

Delivery delays

ESPRIT YACHTING undertakes to deliver the order on the date or within the period announced to the Customer. In the event of a delay, a consumer Customer benefits from the rights provided for by the French Consumer Code, including, under the conditions provided by law, the possibility of requesting performance of the delivery and subsequently terminating the contract if delivery does not take place within the additional period granted.

10. Transport and transfer of risk

Where the consumer personally chooses a carrier that was not offered by ESPRIT YACHTING, risk passes when the goods are handed over to that carrier.

Upon receipt of the order, the Customer is strongly advised to immediately check the condition of the parcel and products in the presence of the carrier, particularly where the parcel shows signs of impact, crushing, opening or any other anomaly.

If damage is identified upon delivery, the Customer should, wherever possible, refuse the parcel or record precise and detailed reservations concerning the damage on the delivery note, and then inform ESPRIT YACHTING as soon as possible.

The general statement “subject to unpacking” does not constitute a sufficiently precise reservation.

Where the Customer accepts a parcel without reservation and subsequently reports damage, ESPRIT YACHTING may request any evidence establishing that the damage existed at the time of delivery, including photographs of the parcel, its internal packaging, the shipping label and the damaged product.

11. Statutory right of withdrawal

Where several products forming part of the same order are delivered separately, the applicable period is calculated in accordance with the statutory provisions in force.

The Customer may exercise their right of withdrawal using the online “order withdrawal” facility made available free of charge on the A l'Abordage website.

The request may also be sent to:

Time limit for returning products

After informing ESPRIT YACHTING of their decision to withdraw within the statutory period, the Customer has an additional fourteen days to send back the products concerned.

The direct cost of returning the products remains the responsibility of the Customer.

Condition of returned products

Under the statutory right of withdrawal, the Customer may unpack and handle the product to the extent necessary to establish its nature, characteristics and proper functioning.

Where the product has suffered a loss in value resulting from handling beyond what was necessary for this inspection, ESPRIT YACHTING may deduct from the refund an amount proportionate to the actual loss in value identified.

Such loss in value may result in particular from signs of use or installation, scratches, impacts, drilling, screwing, alterations, missing components, application of products or any damage not resulting from a simple inspection of the product.

This is not a fixed penalty: any reduction applied corresponds to the actual loss in value identified.

Refund

Where the right of withdrawal is validly exercised, ESPRIT YACHTING refunds the amounts due to the Customer, excluding shipping costs.

The refund is made using the same payment method as that used for the original transaction, unless expressly agreed otherwise and provided that the alternative method does not result in any additional charges for the Customer.

ESPRIT YACHTING may defer the refund until the products have been recovered.

12. Commercial returns up to 30 days

For Customers who have not exercised their statutory right of withdrawal during the first fourteen days, products covered by this commercial return option must be sent back no later than the thirtieth day following receipt.

This commercial policy does not affect the statutory rights of a consumer who has validly notified their withdrawal during the first fourteen days, including the statutory time limit for returning the products.

For returns made exclusively under the 30-day commercial return option:

• the initial delivery charges remain payable by the Customer;
• the return shipping costs remain payable by the Customer;
• products must be complete;
• they must be returned with any accessories supplied;
• they must be in a condition allowing them to be resold.

Products must in particular be unused, uninstalled, undrilled, unaltered and undamaged.

If a product is returned incomplete, used, installed, scratched, impacted, drilled, altered, damaged or otherwise shows a loss in value, ESPRIT YACHTING may apply a reduction proportionate to the loss in value identified.

Where its condition no longer reasonably allows it to be resold, ESPRIT YACHTING may refuse the benefit of this commercial return option.

This commercial return policy does not in any way limit the applicable statutory guarantees.

13. Exceptions to the right of withdrawal and commercial returns

The statutory right of withdrawal does not apply to products falling within one of the exceptions provided for by law.

This includes, in particular, goods made to the Customer's specifications or clearly personalised.

Where they actually meet this definition, this may include products manufactured specifically to dimensions provided by the Customer, made-to-measure products, products specifically modified at the Customer's request or certain supplies produced to a particular length or according to specific non-standard specifications.

However, simply choosing a standard option offered in the catalogue is not, in itself, sufficient to remove the statutory right of withdrawal.

Made-to-measure or personalised products are also excluded from the 30-day commercial return policy, unless ESPRIT YACHTING has given prior written agreement.

14. Practical return arrangements

Returned products must be suitably packaged to protect them during transport.

They must be sent to:

The Customer is advised to retain proof of shipment and, where justified by the value of the product, to use a tracked delivery service with appropriate insurance.

15. Statutory guarantees

Consumer Customers automatically benefit, at no additional cost, from the statutory guarantee of conformity and the guarantee against hidden defects.

These statutory guarantees are independent of any commercial guarantee or manufacturer's guarantee that may also apply.

The 30-day commercial return policy has no effect on their duration.

16. Complaints and after-sales service

Any request relating to an order, product, delivery or guarantee may be sent to:

17. Liability

ESPRIT YACHTING is responsible for the proper performance of its obligations in accordance with the applicable legal provisions.

However, ESPRIT YACHTING may not be held liable where non-performance or improper performance results from an act attributable to the Customer, an event having the legal characteristics allowing the Seller to be exempted from liability, or an event of force majeure.

In particular, ESPRIT YACHTING may not be held liable for the consequences of use that is manifestly contrary to the intended purpose of the product, a modification carried out by the Customer, or installation that does not comply with applicable requirements or accepted professional standards, except where the Seller remains legally liable.

18. Force majeure

Neither party may be held liable for a failure to perform its obligations resulting from an event meeting the legal definition of force majeure under French law.

The affected party will endeavour to inform the other party as soon as possible and, insofar as possible, limit the consequences of such an event.

19. Retention of title

Products remain the property of ESPRIT YACHTING until the price due by the Customer has been paid in full.

This clause does not alter the rules governing the transfer of risk applicable to consumer Customers.

20. Personal data

Personal data collected when browsing the website, creating an account, placing an order or submitting a request to ESPRIT YACHTING is processed in accordance with the applicable regulations.

Information concerning the processing carried out, its purposes, legal bases, recipients, retention periods and the rights of the persons concerned is set out in the Privacy and Data Protection Policy .

This policy constitutes a separate information document from these Terms and Conditions.

21. Intellectual property

The texts, photographs, illustrations, graphics, logos, documents, databases and, more generally, the elements making up the www.alabordage.fr website are protected by applicable intellectual property rights.

Any unauthorised reproduction, representation, adaptation or use is prohibited, subject to the exceptions provided for by law.

22. Record keeping and evidence

Information relating to orders and transactions is retained on media ensuring its reliability and traceability for the periods required by applicable regulations.

Where a contract concluded electronically with a consumer concerns an amount equal to or greater than €120, ESPRIT YACHTING archives it for the statutory period. The Customer may request access to the archived contract by contacting ESPRIT YACHTING at contact@alabordage.fr.

23. Consumer mediation and amicable settlement

In the event of a difficulty or dispute, the Customer is invited to contact ESPRIT YACHTING beforehand in order to seek an amicable solution:

Any consumer Customer has the right to use a consumer mediator free of charge in an attempt to resolve a dispute with ESPRIT YACHTING amicably, after first submitting a written complaint to the Seller.

24. Applicable law and jurisdiction

These Terms and Conditions are governed by French law.

In the event of a dispute with a consumer Customer, the statutory rules determining territorial jurisdiction apply. No exclusive jurisdiction of the courts of La Rochelle is imposed on consumers.

For disputes between ESPRIT YACHTING and a business Customer who entered into the contract in the capacity of a trader, express jurisdiction is granted to the competent courts within the jurisdiction of La Rochelle, including in the event of multiple defendants or third-party proceedings, subject to any contrary mandatory statutory provisions.

25. Specific provisions applicable to business Customers

Orders placed on the website by a business Customer are, unless otherwise agreed with ESPRIT YACHTING, payable when the order is placed.

Where a payment period is exceptionally granted to a business Customer, any late payment from the day following the due date shown on the invoice will result in late-payment interest calculated on the basis of three times the statutory interest rate in force.

In accordance with the provisions applicable to business-to-business transactions, a fixed compensation of €40 for recovery costs is also payable in the event of late payment. Where the recovery costs actually incurred exceed this amount, additional compensation may be claimed upon presentation of supporting evidence.

For disputes between ESPRIT YACHTING and a business Customer who entered into the contract in the capacity of a trader, express jurisdiction is granted to the courts within the jurisdiction of La Rochelle, subject to any applicable mandatory statutory provisions.