GENERAL TERMS AND CONDITIONS OF SALE – Sales to Private Individuals

1. Scope of application
These General Terms and Conditions of Sale (GTCS) apply exclusively to sales concluded between Sikandar HASAN E.I., trading under the name CANALDOCK – 61, rue de Lyon, 75012 Paris, RCS 504 567 546, and consumer customers, within the meaning of the introductory article of the French Consumer Code.
They apply both to the sale of standard products available from stock and to sales made on the basis of signed quotations for orders of products manufactured to measure according to the specifications provided by the customer.
Any acceptance of the quotation/order form, including the clause “I acknowledge having read and accept the general terms and conditions of sale attached hereto,” implies the buyer’s full and unconditional acceptance of these General Terms and Conditions of Sale.

2. Pre-contractual information
In accordance with Articles L.111-1 et seq. of the French Consumer Code, the customer acknowledges having received, prior to signing the quotation, all essential information relating to:
– the characteristics of the products,
– the price and payment terms,
– manufacturing and delivery times,
– the applicable statutory warranties,
– the existence or absence of a right of withdrawal depending on the nature of the products.

3. Order
An order is deemed firm and final upon receipt by CANALDOCK of the quotation dated, signed, and bearing the wording “approved and agreed,” or of the electronic signature proposed by CANALDOCK, together with the required payment.
For made-to-measure products, no modification may be made after validation of the order.

4. Validation of technical drawings – Made-to-measure products
Prior to the start of manufacturing, CANALDOCK sends the customer detailed technical drawings. Manufacturing begins only after written validation by the customer, which constitutes final acceptance of the dimensions, materials, shapes, and technical specifications. Any validation fully engages the customer’s responsibility.

5. Price
Prices are expressed in euros, all taxes included (TTC). Delivery costs are specified in the quotation.

6. Payment
Payment is due in full:
– before shipment for products in stock,
– before the start of manufacturing for made-to-measure products.
Payment is made by bank transfer. No discount is granted for early payment.

7. Retention of title clause
Canaldock retains ownership of the goods sold until full payment of the price, including principal and ancillary amounts. In this respect, if the buyer is subject to judicial reorganization or liquidation proceedings, Canaldock reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.

8. Delivery
Manufacturing and delivery times are given for information purposes only on the quotation and may vary according to production and transport constraints. In the event of a delivery delay, CANALDOCK undertakes to inform the customer as soon as possible. CANALDOCK’s liability for any delay is strictly limited to the obligation to deliver and shall not give rise to liability for any indirect damage, loss of use, commercial loss, or any other prejudice.
Transport risks are borne entirely by the buyer. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the carrier’s delivery note upon receipt of the goods. These reservations must also be confirmed in writing within five days following delivery, by registered letter with acknowledgment of receipt sent to Canaldock.

9. Right of withdrawal
9.1 – Made-to-measure products: In accordance with Article L.221-28, 3° of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of goods made according to the consumer’s specifications or clearly personalized. Consequently, any validated order is firm and final and may not give rise to cancellation, refund, or modification.
9.2 – Products in stock: In accordance with Articles L.221-18 et seq. of the French Consumer Code, the customer has a period of 14 days from receipt of the product to exercise the right of withdrawal. Return costs are borne by the customer, except in the event of a defect or non-conformity.

10. Force majeure
Canaldock’s liability may not be invoked if non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions of Sale results from a force majeure event. Force majeure is defined as any external, unforeseeable, and irresistible event within the meaning of Article 1218 of the French Civil Code.

11. Statutory warranties
The products benefit from:
– the statutory warranty of conformity provided for in Articles L.217-3 to L.217-20 of the French Consumer Code,
– the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

12. Technical validation and tolerances
The customer acknowledges having validated all technical characteristics appearing on the quotation and on the technical drawings prior to the start of production. As the products are custom-made for river and maritime uses, reasonable technical tolerances may exist, notably due to manufacturing constraints, materials, nautical standards, and operating conditions. Such tolerances shall not constitute a lack of conformity.

13. Installation – Exclusion of liability
CANALDOCK does not provide fitting or installation of the products sold. Installation is carried out under the sole responsibility of the customer or any third-party installer chosen by them. CANALDOCK may not be held liable for installation defects, sealing defects, fastening defects, or implementation not in accordance with best practice, the manufacturer’s recommendations, or applicable standards. Any claim related to installation cannot be taken into account.

14. Installation instructions – Technical precautions
The customer acknowledges receiving installation instructions upon delivery of the products. During welding operations, particular attention must be paid to the heat generated. It is the responsibility of the customer or installer to ensure that the temperature of the collar remains reasonable. Excessive temperatures may cause deformation of the collar and lead to sealing defects when closing the portholes. Glazing must be protected against splashes resulting from welding and grinding operations. It is strictly forbidden to dismantle portholes and windows. Any dismantling will invalidate the warranty. CANALDOCK may not be held liable for any damage, defect, or malfunction resulting from failure to comply with the above recommendations and requirements.

15. Maintenance and use of the products
The customer undertakes to ensure normal and regular maintenance of the products, in accordance with their nautical use and operating conditions (river or maritime environment). Any deterioration resulting from lack of maintenance, abnormal exposure, extreme navigation conditions, or improper use excludes any warranty.

16. Limitation of liability
CANALDOCK’s liability is strictly limited to the total amount, including VAT, of the order concerned. It may under no circumstances be held liable for indirect or intangible damages, such as loss of operation, immobilization of the vessel, loss of use, or commercial loss.

17. Competent court and mediation
Any dispute relating to the interpretation and performance of these General Terms and Conditions of Sale is subject to French law and falls under the jurisdiction of the Paris Commercial Court. If you have not been able to resolve your dispute after sending us a written complaint (by letter or email), dated and recalling the circumstances giving rise to the dispute and your claim, you may refer the matter to the consumer mediator designated below, if you have received a negative written response from us or no response within two months of sending your complaint.

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation scheme. The mediation body appointed is:
MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV

In the event of a dispute, you may submit your complaint on its website:
https://www.medconsodev.eu

Or by post to:
MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE