DAM Marine markets new, original or adaptable parts to the general public and professionals for engines that comply with manufacturers' specifications.
Any purchase made at DAM Marine is exclusively governed by the general conditions of sale (GTC) detailed below, opposable to any customer. DAM Marine reserves the right to modify its T&Cs at any time and without notice. The modified T&Cs will take effect from their posting on the site.
ACCEPTANCE BY THE CUSTOMER OF THE GENERAL CONDITIONS OF SALE DAM MARINE
The customer expressly acknowledges by ordering the goods sold by DAM Marine that he has previously read the general conditions of sale listed below.
By signing the delivery note and proceeding to the payment of the corresponding invoice, by clicking on the button "Validate my order", the customer accepts without reservation the application of the GCS as displayed on the site.
He declares to accept without reserve the said general conditions, which will be opposable to him within the framework of any execution, dispute or interpretation of the sales contract binding the parties.
1 Parts prize in the general catalog
The prices mentioned in the catalog price are announced excluding taxes, postage and packaging costs being invoiced in addition, unless otherwise stipulated between the parties.
Prices remain in effect as long as they are displayed on the dam-Marine.com website.
The prices charged are those displayed on the site at the time of validation of the order.
The prices mentioned in the tariff may be revised without notice from DAM Marine according to the economic imperatives of the company or typographical errors.
When the customer orders, he undertakes to recognize that all the information provided is accurate and attests to have full legal capacity as defined by articles 1108 and following of the Civil Code.
To place an order, we provide the customer with various means:
• By internet directly on the Dam-marine.com site ;
• By telephone on 04 94 27 36 62 (non-taxed number, cost of a local call), open Monday to Friday from 8:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m. (excluding public holidays).
• By email
• Via the contact us section
After validation of the basket, an acknowledgment email is sent to the customer.
For each basket validated, a sales number and one or more order numbers are assigned.
Following the dispatch of each order, an electronic invoice is made available on the customer's personal account.
The sales number corresponding to payment is indicated on the electronic invoice. In the case, where payment is associated with several orders, the sales number is included on each invoice.
In any case, the order becomes firm and definitive after full payment by the customer, except for the exception below (3.1 Availability).
These general conditions of sale and the order confirmation constitute the contract concluded between DAM Marine and the customer.
3 SHIPMENT OF GOODS
The goods are dispatched as soon as possible according to their availability.
They travel to the exclusive risks of the recipient due to the transfer of ownership, this in accordance with article 1196 paragraph 2 of the Civil Code.
Any reservations about the condition of the goods which could be damaged due to the deterioration of the packaging must be recorded on the occasion of delivery.
Any risk of loss or damage to the goods is transferred to the consumer when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods (article L 216-4 of the code consumption).
The seller is not required to deliver the thing if the buyer does not pay the price.
Similarly, the seller who has granted a delay in payment is not obliged to deliver the goods if, since the sale, the buyer has gone bankrupt so that the seller is in imminent danger of losing the price. .
DAM Marine will fulfill orders within the limits of its stocks and those of its suppliers.
For all other types of product, in the event of proven unavailability of a product ordered, DAM Marine will find out if it has a product with the same technical characteristics, as well as of similar quality and price.
If Dam Marine finds a product meeting these criteria, he will send it to the customer, so that he is not penalized if he wishes to provide repair or maintenance of his vehicle.
The customer retains full discretion to refuse the replacement product delivered by exercising his legal right of withdrawal.
If no product meeting the criteria below is found, the unavailable item will be refunded to the customer.
PLACE OF DELIVERY
The products ordered are delivered to the delivery address provided during the ordering process or to the collection point, the customer must ensure that the address provided is accurate and complete. The address error is attributable to the customer and DAM Marine declines all responsibility in the delivery
Delai and monitoring of delivery
The delivery time of an order consists of:
• PREPARATION TIME:Which consists of checking the information entered by the customer, the preparation of the order and the handling of the package(s) by the carrier.
Orders are prepared within 12 to 24 hours (excluding orders placed on weekends and public holidays).
• DELIVERY TIME:as an indication, is subject to the delivery method chosen by the customer:
- Fast delivery in 24 hours
- Standard delivery in 48/72H
The deadlines are expressed in working days and outside public holidays.
DAM Marine informs that the delay may be longer depending on the destination, especially for Corsica, Europe and internationally.
DELIVERY OUTSIDE METROPOLITAN FRANCE
All orders to be delivered outside the metropolitan France and outside the European Community are carried out excluding French taxes and according to the DAP Incoterm: rights and taxes paid by the recipient. All customs duties and taxes are the responsibility of the recipient. Dam Marine cannot in any case be held responsible and cannot pay these costs.
From the delivery of the parcels to the carriers, depending on the products, the customer has the possibility of following the evolution of the delivery time, via his account or via the carrier site.
Depending on the carrier selected, the delivery of the parcel is done at a collection point against signature, at home by hand (with or without signature) or directly in the customer's mailbox.
Whatever the method of delivery of the parcel, the customer is required to check the condition of the packaging as well as the contents of the parcel (damage, missing part, damaged parcel, broken part).
• if the package is delivered to him personally, the customer is invited to make written mention of his reservations directly to the carrier or the collection point and, if necessary, refuse the package ;
• If the package is not delivered by hand, the customer is invited to send his reservations to the carrier by registered mail, no later than three (3) working days following receipt of the package.
In parallel with this order, the customer must inform dam marine's customer service to specify the problem encountered.
After this period, the delivery will be deemed complete and the products delivered will be free of any apparent defect, consequently, dam marine will no longer accept any claim for damage, missing product, damaged package, broken parts upon receipt.
Tax-free invoices are only established after providing an exemption certificate attached to the order.
5 TITLE RETENTION CLAUSE
It is agreed that the seller will remain the owner of the goods sold, as long as the buyer has not fully paid the invoice price.
In the event of non-payment, the company DAM Marine may at any time demand the return of the said goods, all harmful consequences resulting from their deterioration, loss, theft or other loss remaining the responsibility of the purchaser who undertakes as of now to bear them, in addition to all costs and fees incurred by the claim procedure.
6 PAYMENT TERMS
Payment for goods ordered is made at the time of purchase without discount, including for items that are not in stock and require a lead time.
The customer can make his payment:
- By credit card,
- By transfer,
- By draft if agreed by DAM Marine
Any delay in payment without prior agreement suspends the delivery of the current order.
It being specified that any payment incident will result in the cancellation of the order and the possibility for DAM Marine to refuse subsequent orders if a dispute remains with the customer.
In the event of repeated settlement difficulties, the account will switch to definitive cash settlement, with all bank charges being re-invoiced.
Any account that does not work for a year automatically switches to cash payment.
7 GUARANTEES OF DELIVERED GOODS
The products sold by dam marine must be assembled and used by a competent person and under his sole responsibility. Dam marine does not offer a partner product assembly solution on its site and can in no way be held responsible for the consequences of improper disassembly and assembly, the use of an unsuitable product on a vehicle and direct damage. or indirect caused to a thing or a person.
The customer is solely responsible for the recommendations and prescriptions of the manufacturers with regard to the compatibility of the product and the use he makes of it for maintenance purposes.
The contractual guarantee proposed by DAM Marine applies only to contracts concluded and executed in mainland France.
Independently of the contractual guarantee, the seller remains bound by the legal guarantee of conformity (Articles L 217-4 to L 217-12 of the Consumer Code) as well as that relating to hidden defects (Article 1641 and following of the Civil Code).
A contractual guarantee is granted on the Engine blocks sold by DAM MARINE under the following conditions:
- The guarantee is limited either to the exchange of the parts provided and recognized as defective by our after-sales service, or to the rehabilitation of the engine block, this option being at the choice of the seller and without constraint of delay.
- The warranty does not cover the cost of repatriation, immobilization of cranes, towing, guarding of the engine block in the boat.
The contractual warranty is valid for one year from the date of the invoice and concerns:
- Parts of reconditioned engine blocks,
- Parts of new engine blocks,
- Parts and labor for new engines with accessories.
In this case, the cost of labor is calculated according to the recommendations of the manufacturer's time.
For the guarantee to be granted, the purchaser must be able to justify in the premises of DAM MARINE compliance with the following conditions:
- Correct installation of the motor in accordance with the installation recommendations.
- Engine running in accordance with conventional technical recommendations (gradual speed).
- Justification for cleaning and/or replacement of peripheral parts and accessories that lined the old engine for insertion into the new block.
- Proof of engine inspection after 10 hours of operation.
- For motors with an electronic box, an extraction of data before and after installation to confirm that the problem has not been carried over to the new equipment.
- Failure to disassemble the engine outside the DAM Marine workshop in the presence of the buyer within 10 days of the incident.
- Transmission of the complaint by registered letter AR accompanied by the authorization number DAM MARINE as well as the invoice number.
8 WARRANTY EXCLUSION CAUSES
No complaint will be accepted nor any guarantee granted in the event that the investigations carried out on the engine demonstrate its absence of defect.
Any overrun of the quota of 150 hours/use per year constitutes a cause for exclusion of the warranty.
Furthermore, the guarantee will be excluded in the following cases:
- Installation of the engine carried out outside the rules of the art,
- Engine seized due to lack of oil, lack of prolonged use, lack of wintering, or abnormal overheating,
- Presence of gasoline in the oil (ignition, carburetion or fuel gauge fault)
- Use of the engine on a very fast vessel without prior approval from DAM Marine,
- Change of owner of the boat,
- Break-in period not respected,
- Assembly or adjustment fault,
- Engine disassembled without agreement from DAM Marine,
- Damage resulting from a malfunction of peripheral components re-adapted to the engine sold,
- Damaged vessel
Any after-sales service intervention not included in the warranty will be reported to the customer and invoiced.
In addition, under article 1604 of the Civil Code, the seller is bound by an obligation to deliver a thing that complies with the order as it has been defined and accepted by the purchaser.
The unreserved acceptance of the goods by the buyer prohibits the latter from claiming a lack of conformity.
9 SELLER'S DUTY TO ADVISE
The buyer acknowledges that the decisive information relating to the goods ordered has been sent to him by the seller in accordance with the provisions of article 1112-1 of the Civil Code.
The professional buyer, by virtue of his activity, acknowledges that the seller has sent him all the information necessary for the use of the goods sold.
By signing the order, the buyer acknowledges that the seller has sent him all the information necessary for the use of the goods sold.
For the engines, the customer acknowledges being in possession of a specific technical notice that DAM Marine has issued to him on the occasion of delivery.
10.1 PROCEDURE FOR RETURNING PRODUCTS ORDERED ONLINE
(Excluding instruction and guarantee)
RIGHT TO RETRACT
In accordance with article L.221-18 of the Consumer Code, in the context of a contract concluded remotely or off-premises, any Buyer acting as a consumer as defined by the Consumer Code (the "Consumer "), has a period of 14 (fourteen) clear days from receipt of the order to exercise his right of withdrawal. As such, the Buyer must send Customer Service an unambiguous declaration, expressing his desire to withdraw. The buyer will bear all the costs of returning the items ordered.
The right of withdrawal does not apply to specific orders concerning items not held in stock, ordered especially for the customer and/or made to measure. These parts are identifiable by one of the following references: "DIV", "DM_...", "XXX..." or by an annotation "on order".
The customer must return the products within a maximum period of fourteen (14) days from the communication of the return form communicated by DAM Marine.
The customer will bear all the costs of returning the items ordered.
Provided that DAM Marine has received the returned products within this period, and that the products concerned are in their original packaging accompanied by all the accessories and instructions, all of which must be in new and intact condition, DAM Marine will to a credit note valid for 1 year. This credit may give rise to a refund at the customer's request. This refund will be made within fourteen (14) days of receipt of the returned goods.
Otherwise, DAM Marine reserves the right to refuse the return.
No return is accepted on electrical parts, except with the prior written consent of the seller.
In general, no return of defective equipment will be admitted spent a period of 30 days after delivery.
In return for the return, the company DAM MARINE will grant a credit note whose validity period may not exceed one year from the date of the invoice.
10.2 REPAYMENT TERMS
The refund is made according to the method of payment initially used, excluding Paypal.
Return shipping costs are the responsibility of the customer.
REFUSAL OF REIMBURSEMENT
The refund may be refused in the following cases:
· Product returned in a state that no longer allowing re-marketing or incomplete
· Product returned unsuitable with traces of assembly and damaged
· Product returned with used and/or damaged packaging
· Product returned beyond the withdrawal period
· Returned broken or incomplete deposit
· Guarantee denied
In any case, the products must be returned in their packaging and in their original condition, without any trace of assembly or wear, any product that is not in a condition identical to that in which it was delivered, and which would be incomplete, damaged, damaged or used will not be taken back and not refunded.
The material distributed by the company DAM MARINE consists primarily of ADAPTABLE-type products unless expressly requested in writing by the customer.
10.3 Force majeure
The responsibility of DAM Marine will not be engaged if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure or a fortuitous event. .
As such, force majeure means any unforeseeable and irresistible external event within the meaning of the French Civil Code.
11 CONTRACT LAW
French law is applicable to any dispute arising from the training, interpretation and execution of the sales contract binding the parties.
12 PARTICIPATORY PROCEDURE AGREEMENT
On pain of inadmissibility of any legal action, the parties undertake, in the event of a dispute relating to the formation, interpretation or execution of this contract, to use the participatory procedure, as provided for in articles 2062 and following of the Civil Code as well as articles 1542 to 1557 of the Code of Civil Procedure.
Each of the parties undertakes, assisted by his lawyer, to jointly seek, under the conditions set by agreement, an agreement putting an end to the dispute between them.
The parties may jointly waive the right to proceed by participatory procedure in writing and thus submit their dispute to any competent court.
13 JURISDICTION CLAUSE
By application of article 48 of the Code of Civil Procedure, if the parties to this contract are both traders, they undertake to submit their dispute to the Commercial Court of TOULON with the exception of any other jurisdiction.
14 PROTECTION OF PERSONAL DATA
The customer has the right to access and rectify personal data concerning him: the information requested is necessary for the processing of his order.
Through DAM Marine, the customer may have to receive commercial proposals from other companies.
If the customer does not wish this, he must inform the company DAM Marine, 431 rue du commerce, 83140 SIX-FOURS-LES-PLAGES, specifying his surname, first name, address and customer number.
The customer's email address may only be used for commercial prospecting purposes with the customer's explicit consent.