General Terms of Sale

General Terms and Conditions of Sale – B2C

(Applicable to consumers as from 26 December 2025)

These General Terms and Conditions of Sale (hereinafter the “GTC”) govern the sale of products and services concluded between:
Voga Marine
SAS with a share capital of €1,031
177 Montée Batterie de la Montagne – ZI Camp Laurent
83500 La Seyne-sur-Mer – France
Email: info@vogamarine.com
RCS Toulon 891 938 433
Intra-community VAT number: FR83891938433
(hereinafter the “Seller”)

and any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or professional activity
(hereinafter the “Customer”).

1. Scope of Application

These GTC apply exclusively to consumers within the meaning of the French Consumer Code.
Any order placed on the Seller’s website or validated by acceptance of a quotation implies full and unconditional acceptance of these GTC.
The B2B General Terms and Conditions apply exclusively to professionals and are available separately.

2. Products and Services

The products offered are those described on the website or on the quotations provided to the Customer.
Photographs, visuals, and descriptions are provided for information purposes only and have no contractual value.

3. Prices

Prices are indicated in euros, all taxes included (VAT included), excluding delivery costs where applicable.
The Seller reserves the right to modify its prices at any time, it being specified that the price applied shall be the one in force at the time the order is validated.

4. Orders

Orders may be placed:
• online via the website,
• or by written acceptance of a quotation.

An order becomes final only after:
• validation by the Customer,
• acceptance by the Seller,
• and, where applicable, payment of the required deposit.

5. Payment Terms

Payment shall be made in euros by:
• bank transfer,
• cheque,
• or any other payment method offered at the time of order.

A deposit may be required at the time of order.
The balance shall be payable prior to shipment or upon delivery, in accordance with the agreed terms.

6. Delivery

Products are delivered to the address indicated by the Customer.
Deliveries are carried out under the Incoterm DAP – Delivered At Place (Incoterms® ICC 2020).
Delivery times are provided for information purposes only.
A reasonable delay shall not give rise to order cancellation or to any claim for damages.

The Customer is required to inspect the condition of the packages and goods at the time of delivery, in the presence of the carrier where possible.
Any apparent damage, missing items, or anomalies must be expressly noted in a precise and detailed manner on the delivery note and confirmed in writing to the carrier within the applicable legal time limits.

Failing such inspection and written reservations at the time of delivery, the goods shall be deemed compliant and accepted by the Customer.
In such case, the shipping insurance shall be deemed void, and the Seller shall not be held liable for any damage, loss, or deterioration occurring during transport, which shall be deemed the sole responsibility of the Customer.

7. Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal, without having to give any reason.
The withdrawal request must be sent by registered letter with acknowledgment of receipt.

Returned products must be:
• in their original condition,
• complete (accessories, packaging, instructions),
• returned at the Customer’s expense.
A refund shall be issued within fourteen (14) days from receipt of the returned products.

The right of withdrawal does not apply to customized or made-to-measure products.

8. Statutory Warranties

In accordance with applicable legal provisions, products sold by the Seller benefit from:
• the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code,
• the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Statutory Warranty of Conformity

In the event of a lack of conformity, the Customer may request that the product be brought into conformity.
Such conformity shall be achieved, at the Seller’s option, by repair or replacement of the product.
The Seller may refuse repair or replacement if it is impossible or entails manifestly disproportionate costs in view of the value of the product or the significance of the defect.
A refund of the product or a price reduction may only be granted as a last resort, and solely in the cases provided for by law, in particular where:
• repair or replacement is impossible,
• conformity cannot be achieved within a reasonable time,
• or the chosen solution causes a major inconvenience to the Customer.

Warranty Against Hidden Defects

In accordance with Article 1644 of the French Civil Code, the Customer may choose between:
• cancellation of the sale, or
• a reduction of the sale price.

Exclusions

Statutory warranties do not cover:
• damage resulting from misuse, lack of maintenance, or failure to comply with the Seller’s instructions,
• normal wear and tear of the product.

9. Liability

The Seller shall not be held liable for damage resulting from improper use of the product or failure to comply with the instructions provided.

10. Force Majeure

The Seller shall not be held liable in the event of force majeure as defined in Article 1218 of the French Civil Code.

11. Consumer Mediation

In accordance with Article L.612-1 of the French Consumer Code, the Customer may, free of charge, have recourse to a consumer mediator in the event of an unresolved dispute:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
14 rue Saint Jean
75017 Paris
https://www.cm2c.net

12. Governing Law and Jurisdiction

These GTC are governed by French law.
In the event of a dispute, the Customer may bring proceedings before:
• the competent court of their place of residence, or
• the competent court of the Seller’s registered office.

General Terms and Conditions of Sale – B2B

(Applicable to professionals as from 26 December 2025)

These General Terms and Conditions of Sale (hereinafter the “GTC”) govern the sales concluded between:
Voga Marine
SASU with a share capital of €1,031
177 Montée Batterie de la Montagne – ZI Camp Laurent
83500 La Seyne-sur-Mer – France
Email: info@vogamarine.com
RCS Toulon 891 938 433
Intra-community VAT number: FR83891938433
(hereinafter the “Seller”)

and any natural or legal person acting in the course of their professional activity
(hereinafter the “Customer”).

1. Scope of Application

These GTC apply exclusively to sales made to professionals.
They constitute the sole contractual framework governing the commercial relationship between the parties and prevail over any other document issued by the Customer, unless expressly agreed otherwise in writing by the Seller.
Any order implies full and unconditional acceptance of these GTC.

2. Products and Offers

The products and services offered are those listed:
• on the Seller’s website,
• or on quotations issued by the Seller.
Quotations are valid for thirty (30) days, unless otherwise stated.

3. Prices

Prices displayed on the Seller’s website are indicated inclusive of all taxes (VAT included) and are provided for information purposes only, in particular for model presentation.
In the context of sales made to professionals, only the prices stated in the quotations issued by the Seller shall be binding.
Quotations are issued in euros excluding taxes (net of VAT), unless expressly stated otherwise.
Prices indicated in the quotations do not include, unless otherwise specified, transport, packaging, insurance, or any ancillary services, which shall be invoiced separately.
The Seller reserves the right to modify its prices at any time.
However, products shall be invoiced on the basis of the prices in force as stated in the quotation accepted by the Customer.

4. Orders

An order shall be deemed firm and final:
• upon receipt of the signed quotation,
• or upon written validation of the order,
• and, where applicable, after receipt of the agreed deposit.
Any modification or cancellation of an order may only be accepted with the Seller’s prior written consent.

5. Payment Terms

Unless otherwise agreed, payments shall be made in euros:
• by bank transfer,
• by cheque.
A deposit may be required at the time of order.
The balance shall be payable upon delivery or in accordance with the terms stated on the invoice.
No discount shall be granted for early payment.

6. Late Payment

In the event of late payment, late payment penalties shall be payable automatically, without prior formal notice.
The penalty rate shall be equal to twice the statutory legal interest rate applied to the total outstanding amount inclusive of taxes.
In accordance with Articles L.441-10 and D.441-5 of the French Commercial Code, a fixed compensation of €40 for recovery costs shall also be payable.
The Seller reserves the right:
• to suspend any ongoing orders,
• to demand immediate payment of all sums due.

7. Delivery – Incoterm

Delivery shall be made to the address indicated by the Customer.
Unless otherwise agreed, sales are concluded under the Incoterm DAP – Delivered At Place (Incoterms® ICC 2020).
Delivery times are provided for information purposes only and do not constitute a firm commitment.
Risk shall pass to the Customer upon delivery of the products.

The Customer is required to inspect the condition of the packages and goods at the time of delivery, in the presence of the carrier where possible.
Any apparent damage, missing items, or anomalies must be expressly noted in a precise and detailed manner on the delivery note and confirmed in writing to the carrier within the applicable legal time limits.

Failing such inspection and written reservations at the time of delivery, the goods shall be deemed compliant and accepted by the Customer.
In such case, the shipping insurance shall be deemed void, and the Seller shall not be held liable for any damage, loss, or deterioration occurring during transport, which shall be deemed the sole responsibility of the Customer.

8. Retention of Title

The Seller retains ownership of the products sold until full payment of the price, including principal and ancillary amounts.
In the event of non-payment, the Seller shall be entitled to repossess the products at the Customer’s expense.

9. Claims and Warranties

The Customer is required to check the condition of the products upon receipt.
Any claim relating to an apparent defect or non-conformity must be submitted in writing within seven (7) days from delivery.
Products are covered solely by the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
Any other warranty is expressly excluded.

10. Liability

The Seller’s liability shall be strictly limited to the amount excluding taxes (net of VAT) of the relevant order.
The Seller shall not be held liable for any indirect damage, loss of business, loss of turnover, or commercial prejudice.

11. Force Majeure

The Seller shall not be held liable in the event of a force majeure event within the meaning of Article 1218 of the French Civil Code.

12. Governing Law and Jurisdiction

These GTC are governed by French law.
Any dispute relating to their interpretation or performance shall fall within the exclusive jurisdiction of the Commercial Court of Toulon, including in cases of multiple defendants or third-party claims.

13. Hierarchy of Documents

In the event of any conflict between:
• an accepted quotation,
• and these GTC,
the provisions of the quotation shall prevail.