GENERAL TERMS AND CONDITIONS OF SALE AND PRIVACY
POLICY
Duvoisin frères Sàrl — duvoisinnautique.ch – Duvoisin nautical & sports
PART
1 : GENERAL TERMS AND CONDITIONS OF SALE (GTC)
Article 1 : Scope of application
These GTC govern the sale of goods (in-store and online) and services (maintenance, repair, winter storage) provided by Duvoisin frères Sàrl. They are an integral part of the contract. By placing an order, the buyer accepts these GTC without reservation. Any deviation must be accepted in writing by Duvoisin frères Sàrl. The buyer declares to have the legal capacity necessary to conclude the contract.
Article 2 : Conclusion of the contract
• Online: The contract is concluded when the buyer validates their order according to the online process.
• In writing or orally: The contract is concluded as soon as Duvoisin frères Sàrl accepts the order.
• In case of a manifest error (incorrect price, technical bug, input error), Duvoisin frères Sàrl can correct or cancel the order and will inform the customer promptly.
Duvoisin frères Sàrl may suspend or refuse a new order when an overdue and unpaid debt remains from a previous order.
Article 3 : Products and availability
The information, features, and photos of the products are indicative and not contractual. The buyer is responsible for verifying that the ordered product meets their needs and intended use. The products are offered according to the available stock. If a product is permanently unavailable, a replacement item will be proposed if possible; otherwise, the order line will be canceled. Duvoisin frères Sàrl may deliver an updated version of a product if the manufacturer has modified it in the meantime.
Article 4: Price and payment
The prices are indicated in Swiss francs (CHF), VAT included for Switzerland and Liechtenstein. Delivery charges are displayed before the order. For abroad, taxes and customs fees are entirely the responsibility of the buyer.
A deposit or full payment may be required for large orders (boats, manufacturing or custom orders, specific work). In case of delay in payment, a late interest of 5% per year as well as reasonable reminder fees will be charged. The collection may be entrusted to a specialized agency.
Article 5: Delivery and receipt
The delivery times are indicative (generally 1 to 3 working days for items in stock). The buyer must check the goods and report any apparent defect or delivery error to Duvoisin frères Sàrl and the carrier within 3 working days after receipt. Damage due to transport should ideally be noted with the carrier at the time of delivery.
Article 6: Right of contractual return
The customer has 8 days after receipt to request the return of a product. This right constitutes a facility granted contractually and not a legal right of withdrawal. Any return request must be subject to a prior request and acceptance by Duvoisin frères Sàrl. The merchandise must be new, unused, in perfect condition and in its original packaging intact. Return shipping costs are the responsibility of the customer.
Excluded from the right of return: boats (boats, kayaks, paddles…), personalized items, made or custom-fitted (ropes, cables or chains…), items ordered or specially configured for the customer, as well as opened sealed products (hygiene/safety) are also excluded from the right of return.
Article 7: Shipyard Services
Wintering : During the wintering of a boat entrusted to Duvoisin frères Sàrl, the owner is responsible for having insurance covering in particular theft, fire, natural damage, and other losses that may occur during the wintering period.
When work is necessary to ensure the safety of an entrusted boat, prevent the worsening of damage, or allow the normal continuation of the intervention, Duvoisin frères Sàrl may take reasonable measures as necessary, even if the owner is not immediately reachable to obtain their agreement.
Article 8: Retention of Title and Cancellation
The goods remain the property of Duvoisin frères Sàrl until full payment is made. If the customer cancels an order requiring manufacturing, a reservation, or a special order from a supplier, fees or a compensation may be withheld; deposits paid are not necessarily refunded. Duvoisin frères Sàrl reserves the right to accept or refuse a cancellation of the order.
Article 9 : Warranty
The guarantee applies according to legal rules and the manufacturer's conditions. It excludes used items (unless specifically stated otherwise on the invoice). The guarantee does not cover normal wear and tear, misuse, negligence, or if modifications have been made by a third party. In case of a valid defect, Duvoisin frères Sàrl, after consulting the manufacturer of the concerned item, will propose to repair, replace, reduce the price, or cancel the sale.
The guarantee exclusively covers the product or part concerned by the detected defect. Indirect damages or additional services are not covered. The transportation costs for the warranty are the responsibility of the buyer.
Article 10 : Data Protection
Personal data is processed in accordance with Swiss data protection law to execute the order, manage delivery and payments. It may be shared with our logistics and financial partners. Our complete privacy policy is available below.
Article 11 : Applicable Law and Jurisdiction
If a clause of these GTC is deemed null by a court, the others remain valid. The applicable law is Swiss law. The jurisdiction is in Neuchâtel. The parties agree to seek an amicable solution before any legal action. The French version of the GTC prevails.
PART 2 : PRIVACY POLICY
1. Introduction
The present Privacy Policy details how Duvoisin frères Sàrl processes the personal data of its clients, whether during purchases in-store, using the website duvoisinnautique.ch, or in the context of the services of our shipyard. It complies with the Federal Data Protection Act (LPD).
2. Collected data
We only collect the data necessary for the execution of our services :
• Identity and contact data (name, first name, billing and shipping address, phone number, email).
• Order-related data (purchase history, details of maintenance, repair, or winterization services).
• Financial data (payment information necessary for processing the order).
• Browsing data and trackers (cookies necessary for the operation of the store and analytical cookies, subject to your consent).
3. Purposes of processing
Your data is processed for the following specific purposes :
• Management and processing of product and service orders.
• Delivery of ordered goods.
• Invoicing, accounting, and payment management.
• Monitoring of shipyard services (winterization, boat maintenance).
• Management of customer relations, warranties, and after-sales service.
4. Use of cookies and consent
Our website duvoisinnautique.ch uses cookies to enhance your browsing experience, retain the contents of your shopping cart, and perform anonymous visit statistics.
In accordance with applicable legislation, an information banner appears during your first visit to request your acceptance.
• Strictly necessary cookies: They are essential for you to navigate the site, use its basic features (such as the secure shopping cart) and cannot be disabled.
• Analytical or performance cookies: They allow us to understand how visitors interact with the site. These cookies are only activated with your explicit consent via the banner.
You can at any time modify your preferences or withdraw your consent directly from your internet browser settings or via the cookie manager on our site.
5. Data sharing with third parties
Your personal data is never sold or rented to third parties for advertising purposes. They are only transmitted to our contractual partners essential for the execution of your order:
• Logistics and transport companies (for the delivery of your packages).
• Secure payment providers (for transaction validation).
• IT providers for hosting our website and our data.
Certain transmissions may occur if Swiss law requires us to do so or to defend our rights in court.
6. Retention period
We retain your personal data for as long as necessary to achieve the purpose for which it was collected, and to comply with our legal, commercial, and tax obligations (notably the Swiss legal retention period of 10 years for accounting documents and invoices).
7. Data Security
Duvoisin frères Sàrl implements appropriate technical and organizational security measures to protect your data against any manipulation, loss, destruction, or against access by unauthorized persons (including the use of encryption protocols for online purchases).
8. Your Rights
In accordance with applicable legislation, you have the following rights regarding your personal data:
• Right of access to the data we hold about you.
• Right to rectification if information is inaccurate or incomplete.
• Right to erasure or restriction of processing (subject to our legal obligations to retain accounting documents).
• Right to object to the processing of your data.
To exercise your rights, or for any questions regarding the protection of your data, you can directly contact the Duvoisin frères Sàrl team by email or by mail.