GENERAL TERMS AND CONDITIONS OF SALE

DAM MARINE sells to the general public and professionals new parts, either original or compatible, for engines that comply with manufacturers’ specifications.

Any purchase made from DAM MARINE is exclusively governed by the general terms and conditions of sale (GTC) detailed below, which are enforceable against any customer.

DAM MARINE reserves the right to modify its GTC at any time and without notice. The amended GTC take effect from the time they are posted on the site.

CUSTOMER’S ACCEPTANCE OF DAM MARINE’S GENERAL TERMS AND CONDITIONS OF SALE

By placing an order for goods sold by DAM MARINE, the customer expressly acknowledges having previously read the general terms and conditions of sale listed below.

By signing the delivery note and paying the corresponding invoice, or by clicking the “Confirm my order” button, the customer unreservedly accepts the application of the GTC as displayed on the site.

The customer declares that they unreservedly accept said general terms and conditions, which shall be enforceable against them in the performance, challenge, or interpretation of the sales contract binding the parties.

1. PRICE OF PARTS

The prices stated in the catalog price list are quoted before tax; shipping and packaging costs are billed in addition, unless otherwise agreed between the parties.

The prices displayed on the site are shown either excluding VAT or including VAT. This is specified on the site.

Prices remain in effect as long as they are displayed on the dam-marine.com site.

The prices charged are those displayed on the site at the time the order is confirmed.

The prices stated in the price list may be revised without notice by DAM MARINE due to the company’s economic constraints or typographical errors.

2. ORDER

When the customer places an order, they undertake to acknowledge that all information provided is accurate and attest to having full legal capacity as defined by Articles 1108 et seq. of the French Civil Code.

To place an order, we provide the customer with several means:

• Online directly on the website dam-marine.com ;
• By phone at 04 94 27 36 62 (non-surcharged number, charged at a local call rate), 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 the cart is confirmed, an acknowledgment email is sent to the customer.

For each confirmed cart, a sale number and one or more order numbers are assigned.

Following the shipment of each order, an electronic invoice is made available in the customer’s personal account.

The sale number corresponding to the payment is indicated on the electronic invoice. If the payment is associated with several orders, the sale number appears on each invoice.

In any event, the order becomes firm and final after full payment by the customer, except as provided below (3.1 Availability).

3. SHIPMENT OF GOODS

Goods are shipped as quickly as possible depending on their availability.

They travel at the exclusive risk of the recipient due to the transfer of ownership, in accordance with Article 1196 paragraph 2 of the French Civil Code.

Any reservation concerning the condition of the goods that may have been damaged due to deterioration of the packaging must be noted at the time of delivery.

Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter or a third party designated by them, other than the carrier proposed by the professional, physically takes possession of these goods (Article L 216-4 of the French Consumer Code).

The seller is not bound to deliver the item if the buyer does not pay the price.

Likewise, a seller who has granted a payment term is not obliged to deliver the goods if, since the sale, the buyer has become insolvent, putting the seller at imminent risk of losing the price.

3.1 AVAILABILITY

DAM Marine will fulfill orders within the limit of its own stock and that of its suppliers.

For all other types of products, if a confirmed product is unavailable, DAM Marine will seek a product with the same technical characteristics and similar quality and price.

If DAM Marine finds a product meeting these criteria, it will send it to the customer so that the customer is not penalized if they need to proceed quickly with the repair or maintenance of their vehicle.

The customer remains free to refuse the replacement product by exercising their statutory right of withdrawal.

If no product meeting the above criteria is found, the unavailable item will be refunded to the customer.

3.2 DELIVERY

DELIVERY LOCATION

Ordered products are delivered to the delivery address provided during the ordering process or to the designated pickup point; the customer must ensure that the address provided is accurate and complete. Address errors are attributable to the customer, and DAM Marine accepts no liability for delivery in such cases.

DELIVERY TIME AND TRACKING

The delivery time for an order comprises:

• Preparation time: which consists of verifying the information entered by the customer, preparing the order, and having the carrier pick up the parcel(s). Orders are prepared within 12 to 24 hours (excluding orders placed on weekends and public holidays).
• Transit time: given for information only and depends on the delivery method chosen by the customer. Our carriers’ usual transit times, for guidance, are:
  - Express delivery within 24 hours,
  - Standard delivery within 48/72 hours
  Times are in business days and exclude public holidays. DAM Marine informs the customer that the time may be longer depending on the destination, in particular for Corsica, Europe, and international deliveries.

DELIVERY OUTSIDE MAINLAND FRANCE: All orders to be delivered outside mainland France and outside the European Union are processed excluding French VAT and according to the DAP Incoterm: Duties and taxes paid by the recipient. All customs duties and taxes are the responsibility of the recipient. DAM Marine cannot be held liable in any way and cannot pay these fees.

DELIVERY ISSUES

From the moment the parcels are handed over to the carriers, depending on the products, the customer may be able to track delivery progress via their account or via the carrier’s website.

PARCEL CHECK

Depending on the selected carrier, parcels may be delivered to a pickup point against signature, to the home address in person (with or without signature), or directly to the customer’s mailbox.

• If the parcel is handed over in person, the customer is invited to state their reservations in writing directly to the carrier or pickup point and, where appropriate, refuse the parcel;
• If the parcel is not handed over in person, the customer is invited to send their reservations to the carrier by registered letter no later than three (3) business days after receipt of the parcel.

At the same time, the customer must inform DAM Marine’s customer service to specify the issue encountered.

After this period, the delivery will be deemed complete and the products delivered free of any apparent defect; consequently, DAM Marine will no longer accept any claims for damage, missing products, damaged parcels, or parts broken on receipt.

4. INVOICING

Tax-free invoices are issued only after the submission of an exemption certificate attached to the order.

5. RETENTION OF TITLE

It is agreed that the seller shall retain ownership of the goods sold until the buyer has paid the invoiced price in full.

In the event of non-payment, DAM MARINE may at any time demand the return of said goods; any harmful consequences resulting from their deterioration, loss, theft, or other damage remain the responsibility of the buyer, who hereby undertakes to bear them, in addition to all costs and fees incurred by the recovery proceedings.

6. PAYMENT TERMS

Payment for ordered goods is made at the time of purchase without discount, including for items that are not in stock and require a lead time.

The customer may make payment:

• By bank card,
• By bank transfer,
• By draft if agreed by DAM Marine,
• By installment payment via Alma (see 6.1 Installment payment terms)

Any late payment without prior agreement will suspend delivery of the current order.

It is specified that any payment incident will result in the cancellation of the order and may allow DAM MARINE to refuse future orders if a dispute remains with the customer.

In the event of repeated payment difficulties, the account will be permanently switched to payment in full upon order, with all bank charges re-invoiced.

Any account inactive for one year will automatically be switched to payment in full upon order.

6.1. Installment payment terms

• Alma’s credit service is offered for the payment of purchases and the execution of payment, provided that the person purchasing the goods or services through Alma (the “Buyer”) accepts the installment payment or deferred payment agreement.
• Fees may be charged by Alma.
• Any refusal by Alma to grant installment or deferred payment may result in the cancellation of the purchase contract for the goods or services (“GTC”), unless the Buyer agrees to pay the purchase amount in full.
• In the event of termination of the GTC, the installment payment or deferred payment agreement will be automatically terminated.
• In the event of withdrawal from the installment or deferred payment solution used for your payment, the GTC will be automatically terminated, unless you pay the full amount of your purchase through Alma. If the product has already been shipped to you, you must return it within the maximum period set out in these GTC.

7. WARRANTIES FOR DELIVERED GOODS

WARRANTIES

Products sold by DAM Marine must be installed and used by a competent person and under their sole responsibility. DAM Marine does not offer any partner installation solution on its site and cannot under any circumstances be held responsible for the consequences of improper disassembly and assembly, the use of an unsuitable product on a vehicle, or any direct or indirect damage caused to property or persons.

The customer is solely responsible for the manufacturer’s recommendations and requirements regarding product compatibility and its use for maintenance purposes.

The contractual warranty offered by DAM Marine applies only to contracts concluded and performed in mainland France.

Independently of the contractual warranty, the seller remains bound by the legal warranty of conformity (Articles L 217-4 to L 217-12 of the French Consumer Code) as well as that relating to hidden defects (Article 1641 et seq. of the French Civil Code).

A contractual warranty is granted on engine blocks sold by DAM MARINE under the following conditions:

• The warranty is limited either to the replacement of the parts supplied and recognized as defective by our after-sales service, or to the repair of the engine block, at the seller’s discretion and without any time constraint.
• The warranty does not cover costs for repatriation, immobilization, lifting, towing, or storage of the engine block in the boat.

The contractual warranty is valid for one year from the invoice date and covers:

• Parts of reconditioned engine blocks,
• Parts of new engine blocks,
• Parts and labor for new engines with accessories.

In this case, the labor cost is calculated according to the manufacturer’s recommended labor times.

For the warranty to be granted, the buyer must be able to justify at DAM MARINE’s premises compliance with the following conditions:

1. Correct installation of the engine in accordance with installation recommendations.
2. Running-in of the engine in accordance with standard technical recommendations (gradual speed).
3. Proof of cleaning and/or replacement of peripheral parts and accessories that fitted the old engine and are to be fitted to the new block.
4. Proof of engine inspection after 10 hours of operation.
5. For engines with an electronic control unit, data extraction before and after installation to confirm that the problem has not been transferred to the new equipment.
6. No disassembly of the engine outside DAM MARINE’s workshop in the presence of the buyer within 10 days of the incident.
7. Submission of the claim by registered letter with acknowledgment of receipt, accompanied by the DAM MARINE authorization number and the invoice number.

8. EXCLUSIONS FROM WARRANTY

No claim will be accepted and no warranty granted if investigations carried out on the engine demonstrate the absence of any defect.

Any excess over a quota of 150 hours of use per year constitutes a ground for exclusion from the warranty.

Furthermore, the warranty will be excluded in the following cases:

• Engine installation not carried out according to best practice,
• Engine seized due to lack of oil, prolonged misuse, failure to winterize, or abnormal overheating,
• Presence of fuel in the oil (ignition, carburation, or fuel gauge fault),
• Use of the engine on a very fast vessel without prior agreement from DAM MARINE,
• Change of boat owner,
• Running-in period not respected,
• Faulty installation or adjustment,
• Engine disassembled without DAM MARINE’s consent,
• Damage arising from malfunction of peripheral components re-used on the sold engine,
• Damaged vessel.

Any after-sales intervention not covered by the warranty will be notified to the customer and billed.

Furthermore, under Article 1604 of the French Civil Code, the seller is bound by an obligation to deliver an item that conforms to the order as defined and accepted by the buyer.

Unreserved acceptance of the goods by the buyer prevents them from invoking a lack of conformity.

Batteries:

Any battery whose voltage is below 10V (charging issue: maintenance, storage, alternator or regulator, current leak from the battery’s consumer). Sulfated battery where the plates in the cells are visibly white (lack of maintenance and charging). Electrolyte level below or above the battery markers (the standard being 1 cm above the plates). Cracked or broken battery case or one that has suffered impacts. Broken terminals or terminals showing signs of electrical arcing between + and −. Excessive acid concentration or limescale traces due to topping up with electrolyte or ordinary water instead of the recommended demineralized water.

9. SELLER’S DUTY TO ADVISE

The buyer acknowledges that the material information relating to the ordered goods was provided by the seller in accordance with the provisions of Article 1112-1 of the French Civil Code.

The professional buyer, by virtue of their activity, acknowledges that the seller has provided all necessary information for the use of the goods sold.

By signing the order, the buyer acknowledges that the seller has provided all necessary information for the use of the goods sold.

For engines, the customer acknowledges being in possession of a specific technical manual provided by DAM MARINE upon delivery.

10. RETURNS

10.1 PROCEDURE FOR RETURNING PRODUCTS ORDERED ONLINE (EXCLUDING CORES AND WARRANTY)

RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the French Consumer Code, for a contract concluded at a distance or off-premises, any Buyer acting as a consumer as defined by the French Consumer Code (the “Consumer”) has a period of fourteen (14) clear days from receipt of the order to exercise their right of withdrawal.

A consumer is a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or agricultural activity.

A professional may benefit from the same right of withdrawal provided that “the contracts are concluded off-premises, that the subject of these contracts does not fall within the main field of activity of the solicited professional, and that the number of employees employed by the latter is less than or equal to five.”

To this end, the Buyer must send Customer Service an unambiguous statement expressing their wish to withdraw. The buyer shall bear all return shipping costs for the items ordered.

The right of withdrawal does not apply to specific orders concerning items not kept in stock, specially ordered for the customer and/or made-to-measure. These parts can be identified by one of the following references: “DIV”, “DM_…”, “XXX…” or by a note “on order”.

The customer must return the products within a maximum of fourteen (14) days from the communication of the return authorization provided by DAM Marine.

The customer shall bear all return shipping costs in accordance with the European Consumer Rights Directive. If the item cannot be returned by post due to its size, DAM Marine will inform the buyer of the approximate cost of reshipment.

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 accessories and manuals, all of which must be in new and undamaged condition, DAM Marine will issue a store credit valid for 1 year. This credit may be refunded upon the customer’s request. This refund will be made within fourteen (14) days following receipt of the returned goods.

Otherwise, DAM Marine reserves the right to refuse the return; the fate of non-compliant goods recovered as a result of withdrawal is specified in the section “NON-COMPLIANT PARTS RETURNED TO THE SELLER”.

No returns are accepted on electrical parts, unless prior written agreement by the seller.

DEFECTIVE PARTS OR PARTS NOT CONFORMING TO THE ORDER

As a general rule, no return of defective or non-conforming equipment will be accepted after a period of 30 days from delivery.

In exchange for the return, DAM MARINE will issue a credit note whose validity period shall not exceed one year from the invoice date.

PARTS RETURNED TO THE SELLER UNDER NON-COMPLIANT CONTRACTUAL CONDITIONS

Parts returned to DAM MARINE under conditions that do not comply with these general terms, for example: Exceeding the withdrawal period, unauthorized exercise of the right of withdrawal, parts returned that have been modified, installed, or returned in non-original packaging, etc. (see section REFUSAL OF REFUND), will be refused and reshipped at the buyer’s exclusive expense without any refund*.

In such cases, parts returned to DAM MARINE will be stored until the reshipment costs are paid by the buyer for a maximum period of thirty days, after which the buyer authorizes DAM MARINE to dispose of said parts (destruction, disposal, or any other means).

10.2 REFUND TERMS

Refunds are made either by issuing a credit note or via the original method of payment used.

Return shipping costs are exclusively borne by the customer.

REFUSAL OF REFUND*

A refund will be refused in the following cases:

• Product returned in a condition that no longer allows resale or is incomplete
• Product returned dirty, showing installation marks, and damaged
• Product returned with used and/or damaged packaging
• Product returned after the withdrawal period
• Core return sent back broken or incomplete
• Warranty claim refused

In all cases, products must be returned in their original packaging and condition, without any installation marks or wear. Any product that is not in the same condition as when delivered, and in particular any product that is incomplete, damaged, impaired, or used, will not be taken back and will not be refunded.

The equipment distributed by DAM MARINE consists primarily of ADAPTABLE (aftermarket-compatible) products unless expressly requested in writing by the customer.

10.3 FORCE MAJEURE

DAM Marine’s liability shall not be incurred if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure or a fortuitous event.

For this purpose, force majeure means any external, unforeseeable, and irresistible event within the meaning of the French Civil Code.

11. GOVERNING LAW

French law applies to any dispute arising from the formation, interpretation, and performance 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 performance of this contract, to resort to the participatory procedure as provided for in Articles 2062 et seq. of the French Civil Code and Articles 1542 to 1557 of the French Code of Civil Procedure.

Each party undertakes, assisted by their lawyer, to jointly seek, under the conditions set by agreement, a settlement putting an end to the dispute between them.

The parties may jointly waive the participatory procedure in writing and submit their dispute to any competent court.

13. JURISDICTION CLAUSE

Pursuant to Article 48 of the French Code of Civil Procedure, if both parties to this contract are traders, they agree to submit their dispute to the Commercial Court of TOULON to the exclusion of any other jurisdiction. In other cases, the court of the defendant’s domicile has jurisdiction.

14. PERSONAL DATA PROTECTION

The customer has the right to access and rectify personal data concerning them: the information requested is necessary for processing their order.

Through DAM MARINE, the customer may receive commercial offers from other companies.

If the customer does not wish this, they must inform DAM MARINE, 431 rue du commerce 83140 SIX FOURS, specifying their name, first name, address, and customer number.

The customer’s email address may only be used for commercial prospecting with the customer’s explicit consent.

15. PROHIBITION ON SCRAPING AND AUTOMATED DATA EXTRACTION

It is strictly forbidden to use robots, scripts, or any other automated process to extract or collect information on this site (including, but not limited to, textual content, images, product descriptions, prices, or user information) without prior written authorization. Any attempt at scraping or automated data extraction will be considered a violation of our terms of use and may result in legal action in accordance with applicable laws.