General conditions of use and General Conditions of sale of the Izzyspare site published by the company Seaman valid as of February 10, 2022

Application domain

The Seaman company distributes to the general public and professionals via its Izzyspare website spare parts, equipment, new adaptable or original manufacturer products for engines, in accordance with the manufacturers' specifications.

These general conditions of sale and use govern the online sale and consultation of content on the Izzyspare site. Any Internet user can read the general conditions of sale and use on Izzyspare (hereinafter the "site"). These general conditions of sale and use apply exclusively between the company Seaman (hereinafter "we") and any person visiting or making a purchase (hereinafter "you" or "the Customer") by our Izzyspare website.

Any order placed on our site implies full understanding and full acceptance of these general conditions of sale. Izzyspare reserves the right to modify its general conditions of sale and use at any time and without notice. The modifications made to the general conditions of sale and use, in particular in order to develop its services or to comply with any new applicable regulations, take effect from their display on the Izzyspare website.

Description of Izzyspare services

The Site offers the User the following services (together the “Services”):
- Obtain commercial offers, newsletters, promotional codes related to the Products of the Site,
- Participate in games and contests,
- Publish notices following an order placed on the Site,
- Make requests for quotes and purchases according to the procedures provided for in these general conditions of sale and use
- Benefit from help and contact by email and telephone with Izzyspare customer service,
- Take advantage of advice and tutorials to allow users to maintain and repair their engines,
- Directly access the Izzyspare social media accounts page through Facebook, Twitter, YouTube, LinkedIn icons.
The above list is not exhaustive and may be updated by Seaman depending on the Services offered on the Site. Seaman has the option of adding, suspending or deleting Services, without the prior consent of the User.

Conditions of access and use of the Services

The Site is accessible free of charge to any user with Internet access. All equipment (computer hardware, software, telephones, etc.) and telecommunications costs (Internet access costs, telephone costs, etc.) to allow access and use of the services to the user, are at his own expense.
The Use of the Services is reserved for persons with full legal capacity to subscribe to obligations on the Site. The User acknowledges that the specific conditions for the use, in particular, of a promotion, of participation in a game and contest, are directly indicated in the commercial offers of Izzyspare and confirms having read them before any use.

Posting Rules

The User agrees not to submit any publication on the Site and the Services (Customer reviews, forum, tutorials, Izzyspare professional page on third-party site, Izzyspare contact) that includes content that (non-exhaustive list):
- is illegal: contains rude, abusive, discriminatory remarks, etc.,
- is unintelligible: random characters, misspelled, illegible, etc.
- presents citations of names or domain names of competing companies,
- presents a note inconsistent with the commentary,
- is considered defamatory,
- relates to a Product / Service that was not purchased on the Site,
- relates to advice or diagnoses normally relating to a professional consultation (reasons of security of goods and people),
- aims to denigrate a product, the Site or a third party company,
- is unrelated to the Product purchased or the consumer experience noted,
- aims at commercial canvassing (sales, advertising, etc.)
- encourages the purchase from a competitor of Izzyspare,
- contains concrete elements of conflicts of interest,
- contains spam, mentions third-party sites (url address) to Izzyspare, photos, images,
- includes a call for legal action
Seaman reserves the right to remove any content that violates these General Terms and Conditions of Sale and Use, in particular defined in the publication rules or that does not comply with the regulatory and legal obligations in force.

Izzyspare customer account

For any registration to the services of the Site, the User must, with some exceptions, hold an Izzyspare account and authenticate directly on the Site using their username and password. If the User does not have an Izzyspare account, then he must create an account on the Site. The "Your account" section is accessible directly from the menu bar of the home page by clicking on the "Your account" space.

The information required to create the account is: a valid e-mail address and a password meeting the level of security required by Izzyspare. During the first use, other information will be requested from the User: surname, first name, a telephone number, a postal address and a valid e-mail address subsequently corresponding to the User's identifier.

During each new visit, if the User wishes to subscribe to the services mentioned above, place an order or consult his "My account" space, the User must first identify himself using his strictly personal information and confidential chosen by him.
The User is required to maintain the confidentiality of his identifiers. In the event of loss, forgetting or misuse of their identifiers by a third party, the User must immediately inform Izzyspare by contacting Izzyspare Customer Service.

Price

The prices mentioned on the site are the official public prices provided by the Seaman company, and are valid at the time of the order. They are indicated and invoiced in euros, all French taxes included, excluding shipping costs and may be modified without notice. The authentic prices are those indicated on the website on the day of registration of the order and may differ from the prices indicated on other electronic media and on our paper catalogue.
Participation in shipping costs is requested from the customer, the amount of which varies according to the carrier selected, the weight and the type of part ordered by the customer. The amount of the shipping costs is indicated on the summary preceding the payment of the order.

Payment of orders

We accept online payments by credit card Visa, MasterCard, other credit cards, transfers, and checks. Bank or postal checks are also accepted but only if they are established in France and come from a bank having a representation on French soil. Credit card payments are made on secure PayPlug servers, which ensures total security and confidentiality.

The debit is made upon validation of the payment which triggers the preparation of the order by the services of Izzyspare
Any order placed on the Izzyspare site obliges the Customer to pay the full price.

Purchases made on the site are subject to a retention of title clause. They remain the property of Izzyspare until full payment of the price of the order. The Seaman company reserves the right to claim the products sold and remained unpaid. As such, in the event of a claim, the Customer undertakes until full payment not to modify, incorporate, resell or pledge the products sold.

The burden of risk is transferred to the Customer upon delivery. From this moment, the Customer is responsible for the good conservation of the products.
Izzyspare will be entitled to refuse to make a delivery or to honor an order as soon as fraud by means of payment is suspected or an unpaid Customer relating to a previous order remains.

3X 4X WITH FEES - Payment of your order in 3 or 4 installments by credit card from purchases of €100 up to €3,000 with Oney Bank

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3,000 in 3 or 4 instalments with your bank card.
Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holders of a Visa and MasterCard bank card with a higher validity date.
to the duration of the financing chosen. Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc., as well as e-cards, Indigo and American cards Express are not accepted.

Terms of subscription: After completing your order, simply click on the “payment button in 3x 4x Oney by credit card”. You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You read the general conditions of payment in installments to which you wish to subscribe which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by the corresponding checkbox. You acknowledge that the "double click" associated with the checkbox on the acknowledgment of the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to give up your credit. Operation: Payment in 3 or 4 installments by credit card allows you to pay the order made on our merchant site as follows:

- a compulsory contribution, debited on the day of confirmation of the dispatch of your order corresponding to a third or a quarter of the order, to which are added costs corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times payment (within the limit of €15 maximum for a payment in 3 times and a maximum of €30 for a 4 times payment);

- two or three monthly installments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.

- Payment in 3 installments from 100€ of purchase and up to 3000€ Example: For a purchase of €150, contribution of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.26%. Cost of financing: €2.18 in the limit of 15€ maximum.

- Payment in 4 installments from 100€ of purchase and up to 3000€ Example: For a purchase of €400, contribution of €108.80 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 19.31%. Cost of financing: €8.80 within the limit of €30 maximum.

Oney Bank - SA with capital of €51,286,585 - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS60006 - 59 895 Lille Cedex 9 - www.oney.fr

Billing

With the aim of reducing our environmental impact, by making a purchase on our site, the Customer agrees to obtain an invoice exclusively in electronic format. The invoice remains available in the Customer's personal account for a minimum period of 1 year. At any time the Customer can access it and print it if he wishes.

Discounts

Unless otherwise stated, the promotions displayed on the site are valid for professionals and individuals, applicable to any order registered and paid for during the period of validity of the promotion indicated on the site.

As part of promotional actions, promotional codes may be offered at any time by Izzyspare. They have an expiry date, are not cumulative, transferable and cannot be exchanged or purchased from Izzyspare.

Promotional codes are valid only during the period indicated and can only be used once within the framework of a single order. A minimum and/or maximum purchase amount can be specified for each discount voucher.

To be able to use a promotional code, the User must connect to his Izzyspare customer account and must enter his promotional code when validating the basket. Promotional codes are not applicable to orders already validated. Unless otherwise specified, the Customer who has received the promotional code will be the only one to benefit from it.

In the event of fraudulent use, sales, losses, falsifications, technical errors beyond the control of Izzyspare and which affect the operation, the visibility of the promotional code, Izzyspare reserves the right to modify, suspend or cancel it. No refund and no new issue in favor of the User will be made by Izzyspare.
The User acknowledges and agrees to have read, before any use, the specific additional conditions linked to the use of a promotion (offers, promotional codes, etc.) concerning the duration of use, the reduced price, etc. which will be directly provided for in the commercial offers sent to Users and/or published on the Site.

As part of the commercial promotions displayed on the Izzyspare site, you accept the fact that any order registered during a promotion period, and for which payment has not reached us during the period of validity of the promotion (before the last day of the promotion at 12:00 p.m. - GMT+2), will be automatically cancelled.

If a payment by bank transfer or check was received after the end of the promotional period, your check or a refund by bank transfer will be returned to you within 30 days from the date it was received in our offices. For this, you will be required to send us a RIB for this purpose upon prior request from our sales team by e-mail.

Delivery

We deliver your parts and articles against payment. Upon receipt and acceptance of your payment, you will receive an email confirming receipt of payment, then we will send you the tracking information for your package as soon as it is delivered to our carrier.

The products ordered are delivered to the delivery address provided during the ordering process or to the pick-up point. The Customer must ensure that the address provided is accurate and complete. The address error is attributable to the Customer, and Izzyspare declines all responsibility for the delivery.
From the delivery of the parcels to the carriers, depending on the products, the Customer has the possibility of monitoring the evolution of the delivery time, via his account or via the carrier's website. If, however, the Customer notices a delivery anomaly (delay, change of pick-up point, loss of follow-up, etc.), Customer Service is available to identify the problem encountered and offer a solution. However, we cannot be held responsible for the delivery times of your orders, attributable solely to the carrier.

We attach great care to the protection and packaging of the parts we ship. Upon receipt of your order, however, it is your responsibility to report any visible damage to the package that may have occurred during transport. If the packaging of the parcel and (or) its contents are damaged, state your reservations on the delivery note, detailing the problem, and depending on the seriousness of the deterioration, refuse the parcel. This reserve will be necessary in order to be able to file a claim with the carrier. In the presence of damage to the package, please take photos of the package before opening it and during its opening and send them to us by email so that we can take charge of your complaint. If the deliverer or the staff in charge of relay delivery does not give you the opportunity to check the contents, you have the option of informing the carrier of your reservations within ten days, preferably by registered letter. with acknowledgment of receipt (article L.224-65 of the consumer code).

After this period, the delivery will be deemed complete and the products delivered will be deemed free of any apparent defect. Consequently, Izzyspare will no longer accept any claim for damage, missing product, damaged package, broken parts upon receipt.

Rights of withdrawal and return

No return of parts is accepted if it is an order error. It is up to you to find out BEFORE ordering, and if in doubt to get assistance from a competent professional (your mechanic). We cannot be held responsible for the compatibility of the parts ordered with your engine or your boat.

We put photos of the best possible quality on our site, as well as the maximum detail in our possession in order to allow you to make sure that the part is adapted to your engine. By ordering a part on our site, you are therefore solely responsible for your purchase, and thus agree to be considered competent when making your purchase. Otherwise, please do not order yourself and have someone competent in the matter assist you.

We accept returns of parts ordered online within 14 days of receipt of the order, insofar as the part is technically faulty, and this after having obtained our prior written agreement within the framework of an after-sales service return. It is up to you to demonstrate, by providing detailed photos, that the part has a defect and cannot be used in its initial function.

In accordance with the legislation in force on the date of creation of the order, the Customer acknowledges and accepts that the right of withdrawal must be made within 14 clear days from the delivery of the services/products provided for distance selling. Return shipping costs will be borne by the Customer. It is up to the Customer to take the greatest care in packaging and protecting the returned items. No refund request will be accepted in the event that an item is returned to us damaged, broken, whose paint has been altered or chipped following an order error or a defect related to assembly. The Customer must contact our company by email to obtain the terms and conditions for returning the part concerned before returning the part.

Return conditions and reservations:

MECHANICAL PARTS WITHOUT ELECTRICITY
- We do not accept returns from the moment the part has been assembled and used and shows signs of wear or has been damaged due to a lack of assembly precautions (unless agreed by email from our go).

MECHANICAL PARTS WITH ELECTRICITY
- We reserve the right not to accept the return request for parts in which electricity flows in operation (CDI, coils etc.). Any electrical part must be the subject of a prior agreement by email from us before return.
In the event of a part received in return damaged or abnormally worn, by a lack of protection during the return or due to incorrect handling during assembly, and within the framework of a prior agreement for partial exceptional reimbursement on our part, the amount reimbursed will vary depending on the condition of the part received after verification by our technical team. The exceptional partial reimbursement may not exceed between 5% and 50% of the total value of the new part for sale on the date of registration of the payment of the order concerned.
The refund is made according to the method of payment initially used. However, refunds may exceptionally be made by bank transfer. In this case, the Izzyspare teams will ask the customer to provide a RIB. The return made under conditions that comply with the General Conditions of Sale and Use gives rise to reimbursement of the price invoiced for the returned items.
The return transport costs remain the responsibility of the Customer, except in the case where the Customer has received a different part from that ordered (the photos on the site are authentic).
Your refund may be refused in the following cases:
- Product returned in a state that no longer allows marketing, or incomplete
- Product returned unsuitable, with traces of assembly and damaged
- Product returned without the product label
- Request for withdrawal made beyond the withdrawal period
- Warranty denied
In any case, the products must be returned in their original condition, without any trace of assembly or wear. Any product that is not in a state identical to that in which it was delivered, and which is in particular incomplete, damaged, damaged or used will not be refunded.

Warranties

The customer (or buyer) is solely responsible for the manufacturer's recommendations and prescriptions as to the compatibility of the product and the use made of it. Within the framework of the legal guarantee, the Seaman company undertakes to replace the defective item at its own expense with a new replacement item. In the event of unavailability of the replacement article, the Seaman company undertakes to reimburse the customer for the amount of the new article at the price in force in the catalog on the day of payment of the order on the Izzyspare website.

The products sold by the Seaman company via its Izzyspare site must be fitted or installed by a recognized mechanical professional who is up to date with his professional insurance contributions and under his sole responsibility. Under no circumstances can Seaman be held responsible for the consequences of incorrect assembly or disassembly, the use of an unsuitable product and direct or indirect damage caused to a thing or a person, nor held responsible for any costs incurred for the repair and handling of vehicles equipped with a defective item.

Limit of liability

Seaman cannot be held responsible for any incident or accident arising from the use of the products marketed to the buyer or its beneficiary. No damage can therefore be imputed directly or indirectly to the Seaman company, in particular the costs of transport, dismantling and reassembly. Any repairs and / or towing will remain the responsibility of the buyer, who cannot claim any compensation in the event of damage or immobilization of the boat following the assembly or use of the defective part.

Guarantee

The warranty cannot be applied to any product or part that has not been fitted to the engine or the boat by a professional insured within the framework of his activity and up to date with his professional insurance contributions (Liability Civil Professional). Are also excluded the defects and deteriorations caused by the natural wear of the part, or by an external event such as a bad use, the non respect of the instructions for use, a technical intervention on the part by the buyer or by a third party without the prior agreement of the technical department of the seller, and the partial or total dismantling of the product.

Force majeure

The responsibility of Izzyspare cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale and use results from a case of force major or fortuitous event. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Personal Information and Privacy

The information and data concerning you are necessary for the management of your order and for our commercial relations. We may notify you by email of the availability of updates to new services and products. This site has been declared to the CNIL as part of the data recording carried out by the company Seaman. Pursuant to Article 34 of the Data Protection Act dated January 6, 1978, then European Regulation No. 2016/679 and its Directive No. 2016/680 of April 27, 2016, which entered into force on May 25, 2018, you have the right to access, rectify, modify and delete data concerning you. You can exercise this right by contacting us by post. We do not communicate any personal information to third parties. The information you send us is kept for the sole purpose of meeting your needs and expectations. At no time do we have access to information relating to your credit card when purchasing online: you enter your card number directly on PayPlug's secure server, which ensures its confidentiality and simply informs us in return of the acceptance or refusal of payment. By browsing our site, you accept that we use and store cookies on your computer to facilitate the use of our services.

Security

Izzyspare takes particular care that its Services constitute a secure space on the Site for all Users. However, Izzyspare cannot guarantee this, since by using Izzyspare's Services, the User agrees to (non-exhaustive list):

- not to use the Services for purposes that are illegal or contrary to these General Terms and Conditions of Sale and Use,
- not to use malicious computer means and interfaces to access the Services and extract the data of other Users,
- not to use or develop third-party applications that interact with the Services or the content or data of other Users, without the written authorization of Izzyspare,
- not to use the Services in a way that could annoy, disrupt, negatively affect other Users or prevent them from taking full advantage of the Services, or that could damage, disable, overload the Services or impair their operation,
- not to use or try to use the account, the User name or the password of another User without his authorization,
- not to ask for the login credentials of another User,
- not to publish content contrary to public order,
- not to encourage or promote any activity that would be contrary to the provisions of these General Conditions of Sale and Use.

Content of the site

Izzyspare is bound by an obligation of means concerning the information made available to Customers.

Izzyspare takes all the necessary steps to ensure the reliability of the information on its site. Despite daily monitoring and updating, Izzyspare cannot be held liable for technical inaccuracies, typographical errors or omissions that the content of the site may contain, nor for the results that may be obtained by using this information.

The Customer acknowledges that the photographs, information and visuals of the products presented on the site have no contractual nature. Under no circumstances will Izzyspare be held responsible for any fact related to the image of the product concerned.
If a Customer notices anomalies on the site, he can inform Izzyspare directly online on the site via the contact form.

Customer reviews

After the purchase of a Product or the use of a Service on the Site, Izzyspare has the possibility of contacting the User by email to invite him, without compensation, to submit an online opinion concerning the report/quality of the Product purchased on the Site or share their Izzyspare customer experience.
The filing of an opinion is reserved only for Izzyspare customers, which must necessarily relate to a consumption experience experienced personally and individually.

The evaluation by the User is counted in the number of stars awarded (5 maximum). The User assigns a rating which must reflect the positive points and the points for improvement that he has noted during his consumption experience on the Site and which are intended to advise customers or future customers of Izzyspare in their decision to purchase on the Site.

Izzyspare invites the User to protect his privacy and not to disclose information about his personal data (name, telephone, email, postal address, etc.) in the notices published on the Site.

Izzyspare may optionally display the following information on notices:
- the date and time of submission of the opinion,
- the date of consumption experience,
- the first and last name of the author of the review.

The User accepts that Izzyspare uses his e-mail address to: invite him to publish opinions, contact him to notify him of the publication or refusal to publish his opinion, provide him with a response on his opinion, etc.
All notices posted by the User are kept by Izzyspare for the duration necessary for its operation.

The User acknowledges and accepts that the opinions published on the Site are subject to moderation by Izzyspare. Reviews that comply with the General Conditions of Sale and Use are published directly on the Site, and those that do not comply with them are automatically deleted by Izzyspare.
Izzyspare reserves the right, at its sole discretion, to modify or delete any notice published on the Site by the User from the moment when Izzyspare considers that their content derogates from these General Conditions of Sale and Use.

The User agrees that Izzyspare has the right to use, reproduce, adapt, store, publish, translate, exploit, distribute and display the content, in whole or in part, of the opinion for the purposes of statistical studies, marketing or commercial prospecting and this, in compliance with the intellectual property rights which the User may claim.

Links to Third-Party Sites

The sites linked directly or indirectly to the Izzyspare site are not under our control. Consequently, Izzyspare assumes no responsibility for the information published on these sites. Links to third-party sites are provided for convenience only and do not imply any responsibility for their content.

Your obligations

You agree to:
- provide sincere and true information about you
- respect the present general conditions of sale and use and adhere to them fully.

It is your responsibility to carefully check the details of your Order before proceeding to payment. By proceeding to payment, you agree to pay the price of the item indicated on the site at the time of your purchase. Non-compliance with these obligations or non-payment of the order (refusal of the check for cashing or repudiation of payment made by credit card) will result in the cancellation of your order without notice.

The User is responsible for the risks related to the use of his login ID and password linked to the Izzyspare account. The User's password must remain secret. The User undertakes to protect and guarantee the maintenance of the confidentiality of his authentication elements, it being specified that he remains fully responsible for all activities that occur in his name on the Site and on his Izzyspare account, whether whether he knows about it or not.

The User is solely responsible for his navigation on the Site.

Assignment of responsibility

The customer is not authorized to concede or transfer the rights and obligations resulting from this contract.

Intellectual property

The User acknowledges that all of the content appearing on the Site, including in particular: the domain name, trademarks, texts, graphics, photographs, drawings, sounds, data, images, audios and videos, but also the tree structure of Izzyspare, its navigation plan, its logos, the design and organization of its sections, their titles, the databases, their structures and their content, existing or future, are protected and are the exclusive property of Izzyspare.
Consequently, except with the express and prior authorization of Izzyspare, all reproductions, representations and uses by the User are prohibited.
Any breach by the User of these obligations would constitute an infringement.

Conclusion and execution of a contract

You declare that you have read and accepted the conditions of the order and in particular the information on the characteristics of the products or services ordered, the price, the delivery, the conditions of use as well as these General Conditions before placing your order. You declare that you have full legal capacity to place an order and accept these general conditions. The contract is established as soon as the customer completes and confirms the registration form on the site and when the Seaman company has processed the order.

The User acknowledges that the computerized consent registers kept within Izzyspare's electronic file processing servers, electronic communications and electronic documents are considered as proof of exchanges between the User and Izzyspare. The User acknowledges that these electronic exchanges have the same probative value as writings and paper documents.

The User acknowledges and accepts that, after authentication on the Site, any manifestation of will through the use of the Services offered by Izzyspare, whether paid or free, constitutes an electronic signature and characterizes the proof of consent. within the meaning of the provisions of the Civil Code.

Applicable right

This agreement is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
In the event of a dispute, our customer service is available to you in French and English exclusively, in order to seek an amicable settlement. Requests are to be sent by email from the contact form on our Izzyspare site on the "Contact us" page. Or by post to the address given below:

Seaman
6 rue Saint-Nicolas
56140 Caro (France)

Legal Notice

Izzyspare is published by the company Seaman SAS, whose head office is located at 6 rue Saint Nicolas, 56140 Caro - France Siren: 834946931 - RCS Vannes - APE: 7010Z. The Izzyspare site is hosted by: Enter Solutions
1 avenue Aristide Briand
F-21000 Dijon
S.A.R.L with a capital of 1000€
Siren: 504 097 734 RCS Dijon

Izzyspare is a registered trademark, property of the Seaman company under National Number 18 4 448 822.

Last update: February 10, 2022