NETMATES SAS with a capital of 12,000 euros
Head office :
48 rue Claude Balbastre
Email : firstname.lastname@example.org
RCS (ou Répertoire des métiers) de Montpellier n° 904 922 630
General Conditions of products sale on : www.komorebi-nets.com
Date of last update : 01/11/2021
Article 1 – Subject
The present conditions govern the sales and contractual relationship by NETMATES SAS, domiciled at ESPACE ENTREPRISE Garosud, 48 rue Claude Balbastre, 34070 Montpellier, of custom-made net products and associated products on its commercial website www.komorebi-nets.com. They apply without restriction or exception to all products offered for sale on www.komorebi-nets.com. These conditions of sale apply to the exclusion of all other conditions. They shall prevail over any other general or special conditions not expressly approved by NETMATES SAS.
NETMATES SAS reserves the right to modify these conditions of sale at any time, and it is understood that the conditions applicable to a sale are those in force on the site at the time the order is confirmed by the buyer online on the site www.komorebi-nets.com.
Validation of the order by the Customer implies acceptance without restriction or exception of these General Terms and Conditions of Sale.
Article 2 – Specificity and availability of NETMATES SAS products on its online shop https://www.komorebi-nets.com
The products and transport services www.komorebi-nets.comare offered while stocks last. As the “net” products are made to measure on receipt of the order, if the buyer orders a product online that is out of stock, he/she will be informed by e-mail or telephone, and an indicative restocking date will be sent to the buyer (customer).
The visuals and product descriptions on www.komorebi-nets.com are not contractually binding on the buyer, given the custom-made nature of the products www.komorebi-nets.com. This is true for the perceived characteristics of size, colour rendering or shape specific to each buyer.
All orders can be made either on the website www.komorebi-nets.com or by validating a customised quote by e-mail www.komorebi-nets.com.
The tailor-made nature of the orders has the following special features:
- Any order on www.komorebi-nets.com for “net” products will result in a unique tailor-made product for the order in question. Therefore, the usual time limits for online sales of products for withdrawal, cancellation or return of orders cannot be applied to orders made on the site.
- Any change to the order requested by the buyer can only be taken into consideration if it is received in writing (e-mail) before the order is actually processed by www.komorebi-nets.com. If conditions allow it and the customised order has not yet been processed or manufactured by www.komorebi-nets.com, the request for change may be considered and possibly confirmed and accepted by return e-mail by www.komorebi-nets.com.
- As all custom-made products are made for and upon receipt of the Buyer’s order, their availability is linked to manufacturing capacity and not to existing stock at the time of the order. In this sense, in the case of inability to manufacture, www.komorebi-nets.com reserves the right to cancel the Buyer’s order and to refund the Buyer in full at any time by simple notice sent by e-mail.
- The final dimensions for the production of the Buyer’s order may be subject to change if deemed necessary by www.komorebi-nets.com, and the Buyer will be notified by e-mail.
- Since the net materials of NETMATES SAS products are elastic, the size of the custom-made product is not fixed and is achieved by stretching the net every 15 cm perpendicular to the net with force. In this sense, nets ordered to measure for Buyer dimensions given online may not correspond precisely to the dimensions observed on receipt of the product. A dimensional tolerance of plus or minus 20 cm must be taken into account for a net stretched every 15 cm with a force of 20 DaN per stretching point.
Article 3 – Prices
The prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. The prices and quantities/prices of accessories (for “KIT” products) are generated according to the dimensions given in cm by the Buyer online when ordering the product.
In the case of an order to a country other than metropolitan France, you are the importer of the product or products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the company www.komorebi-nets.com. They shall be borne by the buyer and are his entire responsibility, both in terms of declarations and payments to the competent authorities and organisations of the country concerned. Thus, any change in the VAT rate may be reflected in the price of the products. We advise our buyers to check with their local authorities on these aspects.
All orders, regardless of their origin, are payable in euros.
The company NETMATES SAS on its website www.komorebi-nets.com reserves the right to modify its prices at any time, while considering that the product ordered will be invoiced on the basis of the rate in place at the time of validation of the order and subject to availability.
The products remain the property of NETMATES SAS until full payment of the price.
Please note: as soon as you take physical possession of the ordered products, the risk of loss or damage to the products is transferred to the buyer.
Article 4 – Orders
You (Buyer) can make an order:
- On the Internet : https://www.komorebi-nets.com/.
- By telephone: (price of a national call in metropolitan France, according to operators).
- By e-mail : email@example.com.
The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
NETMATES SAS reserves the right not to register a payment and not to confirm an order for any reason whatsoever, especially in the event of a supply problem or in the event of difficulties concerning the order received.
Article 5 – Validation of your order
Any order placed on the website www.komorebi-nets.com implies acceptance of these General Conditions. Any confirmation of an order implies your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will be considered as proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order will be considered as a signature and acceptance of the operations carried out.
The buyer, wishing to confirm an order on www.komorebi-nets.com will be obliged :
- To create a personal customer account on the site containing:
- First and last names
- To have validated his order on line or by mail by the payment envisaged in the conditions of sale
Confirmation of the order by NETMATES SAS is done by e-mail to the customer. This implies the acceptance of these terms and conditions of sale and the waiver by the customer of his own terms and conditions of purchase. All data collected and transmitted for the validation of the customer order will be considered as proof of the transaction accepted by the customer.
In the case of a major situation or any other event beyond the control of NETMATES SAS, the latter cannot be held responsible for the consequences for the customer caused by a delay in delivery or cancellation of an order.
A summary of your order information and these General Conditions will be sent to you in PDF format or by email via the email address used to confirm your order.
If additional requests are required for the production of the order, NETMATES SAS reserves the right to put the order on hold until it receives all the information necessary to complete the transaction. NETMATES SAS will then notify the customer by e-mail or telephone to enable the final validation of the order.
Article 6 – Payment
The fact of validating your order implies for the customer the obligation to pay the price indicated. This payment is made at the buyer’s own choice.
Payment of your purchases can be made by credit card, Pay Pal, cheque or bank transfer (transfer charges are payable by the buyer) to the following RIB:
The card is debited as soon as the order is received so that the custom-made products can be produced.
Article 7 – Withdrawal
In accordance with the provisions of article L.121-21 of the French Consumer Code, you have a 14-day withdrawal period from the date of receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to The supply of goods made to the consumer’s specifications or clearly personalised.
In view of this exception, the wish to withdraw will be made at the expense of the customer according to the procedures set out below.
The customer must make his or her wish to withdraw known online in his or her customer account on the website or by e-mail with valid confirmation of receipt to firstname.lastname@example.org.
If the withdrawal request is still possible (custom-made product or order not prepared at the time of receipt of the request), Komorebi-nets will inform the customer that the request has been accepted. If so, that it is refused. NETMATES SAS through its website www.komorebi-nets.com will therefore be entitled to refuse the request for withdrawal of the product or goods made to the consumer’s specifications or clearly personalised.
Consequences of withdrawal if accepted by NETMATES SAS:
In the event of a withdrawal accepted by NETMATES SAS for orders of custom-made products that have already been shipped, the ordered products will be reimbursed within a maximum period of 15 days from the date of withdrawal. The refund will be made by the means of payment used at the time of the initial order or upon receipt of the customer’s bank details, if applicable. In case of non-acceptance of the customer’s withdrawal too late, the order will be honoured as provided for in the general terms and conditions of sale and no refund can be demanded.
Article 8 – Returns
NETMATES SAS will not be responsible for any return or round trip transport costs and cannot be held responsible for the non-receipt of the customer’s package.
In the event that the order is not returned in new condition, a DISCOUNT charge of up to 70% may be applied at the customer’s expense.
Returns must be made in their original and complete condition (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may defeat the right of withdrawal.
Article 9 – Availability
Our products are offered as long as they are visible on the website www.komorebi-nets.com and while stocks last. For products not in storage, our offers are subject to availability from our suppliers.
If a product is not available after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank charges will be made.
Furthermore, the website www.komorebi-nets.com is not intended to sell its identical products in large quantities. Consequently, NETMATES SAS reserves the right to refuse orders of more than 10 identical items.
Article 10 – Delivery
The products are delivered to the delivery address indicated during the order process, within the period indicated on the order validation page. The delivery time is not the same as the time it takes to make the custom order.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of the possible consequences on the delivery time indicated to you.
In the case of deliveries by a carrier, NETMATES SAS cannot be held responsible for a delay in delivery due exclusively to the customer’s unavailability after several proposed appointments.
Article 11 – Delivery and purchase outside the European Union
For any delivery or purchase on the www.komorebi-nets.com website to an address outside the European Union or in the French overseas departments and territories, the invoice will not include taxes. The purchaser-customer is then the importer of the products purchased and any import and/or customs charges that may apply will be entirely at his expense. The website does not allow you to know in advance the costs associated with importing NETMATES SAS products by destination country.
Article 12 – Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided by articles 1641 and following of the French Civil Code. In case of non-conformity of a sold product, it can be returned, exchanged or refunded. Due to the specific nature of non-normed nets and products made to order, the notion of conformity is subject to the assessment of NETMATES SAS on the study of a photo or return of the product (at the customer’s expense) for verification and control of the product.
It should be noted that as the size of the net is not fixed due to its elasticity, the notion of the exact size of a custom-made net is variable and would be studied and validated or refused depending on the guarantee requests. The guarantee shall not apply to any use or installation contrary to existing catamaran net installations. In the same way, the elongation of a stretched polyester or polyamide net is a predictable and normal effect. The lengthening of a catamaran net will not be an element that can be considered as a non-conformity or hidden defect.
All claims, requests for exchange or refund must be made by email with acknowledgement of receipt or telephone within 30 days of delivery.
The products must be returned to us in the same condition in which you received them with all the elements (accessories, packaging, instructions, etc.).
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 13 – Responsibility
The products offered on www.komorebi-nets.com as equipment and as an alternative use for a catamaran net do not comply with any norms or regulations and are not in fact in conformity with a known normed use in construction regulations. NETMATES SAS cannot be held responsible for non-compliance with the legislation of the country where the product is delivered, nor for the use and installation of the products. It is the buyer’s responsibility to check with the local authorities about the possibility of importing or using the products or services you intend to order.
Furthermore, NETMATES SAS cannot be held responsible for any damage resulting from the use of the purchased product.
Finally, NETMATES SAS cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
In the case of products purchased for professional purposes, NETMATES SAS shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs that may arise as a result of the present.
The choice and purchase of a product is the only responsibility of the customer. The total or partial inability to use or install the products, in particular due to incompatibility of the equipment, the result of the manufacture not being in line with the customer’s expectations or a delay in delivery, cannot give rise to any compensation, reimbursement or liability of NETMATES SAS.
Article 14 – Applicable law in case of disputes
The language of this contract is French. The present conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 15 – Intellectual property
All elements of the www.komorebi-nets.com website are and remain the exclusive intellectual property of NETMATES SAS. No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the written consent of NETMATES SAS.
Article 16 – Personal data
NETMATES SAS reserves the right to collect the personal information and data of its Internet users, visitors and customers. They are necessary for the management of orders and interaction on the site, as well as for the improvement of services and information sent to its visitors and customers.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have a right of access, rectification and opposition to the nominative information and personal data concerning you, directly on the website.
Article 17 – Archiving Evidence
NETMATES SAS will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.