Terms and Conditions of Sale

This translation is provided for information only. Only the French text is legally binding (Article 12). The French version is available at repair.sublue.fr/conditions-generales-de-vente/

EURL POSEIDON YACHTING — 293 Chemin des Vernedes, 83480 Puget-sur-Argens, France
RCS Fréjus n° 882 468 028 — VAT FR71882468028
Tel. +33 4 98 13 42 68 — contact@watertoys.fr
Websites: www.poseidon-yachting.com — www.tko.fr — www.watertoys.fr — www.sublue.fr — repair.sublue.fr

Preamble

The Seller is the exclusive importer for France of the brands SUBLUE, YACHT CONTROLLER, TKO and MOMENTUM, grouped together by POSEIDON YACHTING, intended for resellers and consumers, marketed via its websites. The list and descriptions of the products can be consulted on the aforementioned websites.

The website repair.sublue.fr is the after-sales service and repair portal for Sublue products. These general terms and conditions of sale apply to repair services, spare parts and products sold by the Seller.

Article 1 – Scope of application

1.1 General provisions

In accordance with article L.441-1 du Code de commerce (French Commercial Code), these GTC constitute the sole basis of the business relationship between the parties.

Products concerned: underwater scooters (Sublue) | motorized and electric surfboards (TKO) | Sublue motorized swimming boards | electric outboard motors (Momentum) | lithium batteries (Sublue, TKO, Momentum) | accessories and spare parts.

The characteristics of the products are presented on the websites. The Buyer must review them before any purchase. Photographs have no contractual value.

These GTC apply without restriction to all sales contracts. The applicable version is the one in force on the date of the order. Any order constitutes unreserved acceptance of these GTC.

1.2 Right of withdrawal

Non-professional buyers: 14 days from delivery. Products must be returned within 5 days of notification, in perfect condition and in their original packaging. Return shipping costs are borne by the Buyer.

Professional buyers: no right of withdrawal, unless the purchase does not fall within the scope of the main activity and the company employs 5 employees or fewer.

Products must be returned complete (packaging, accessories, instructions).

Article 2 – Products and orders

2.1 Formation of the contract

(1) Product selection and acceptance of the GTC — (2) verification and confirmation of the order — (3) secure payment — (4) acknowledgement of receipt and delivery.

Any order modification must reach the Seller before shipment. The Seller reserves the right to refuse any order for legitimate reasons.

2.2 Retention of title

The Seller retains ownership of the goods until full payment of the price. The risks of loss or deterioration are transferred to the Buyer upon delivery.

2.3 Spare parts

Availability guaranteed for 5 years (article L.114-4 du Code de la consommation (French Consumer Code)). If unavailable for more than 15 business days, the Buyer may cancel or maintain the order.

Article 3 – Financial terms

3.1 Prices

Prices in euros, all taxes included, excluding delivery costs. Prices in force on the day of the order. Promotional offers valid within the limit of available stock.

3.2 Payment

The price is payable in full by credit card (Visa, MasterCard, American Express), bank transfer or bank cheque. Secure payment via Stripe and PayPal (SSL protocol). In the event of payment failure, the order is cancelled.

Article 4 – Delivery

4.1 Terms

Delivery in mainland France to the address indicated. Delivery costs at the rate in force.

4.2 Timeframes

Delivery within 30 business days (indicative period). In case of a delay exceeding 15 days, the Buyer may cancel by registered letter with acknowledgement of receipt. Refund within 14 days.

4.3 Receipt

Check the condition of the packaging and raise reservations with the carrier if necessary. Complaint for apparent defect: within 48 hours by email to contact@watertoys.fr. A return authorization is required. Products are returned in their original condition.

Article 5 – Liability and warranties

5.1 Commercial warranty

Products are warranted against any defect in material or workmanship. The duration is communicated in the technical sheet of each product and runs from the date of delivery.

Under this warranty, the Seller will choose either the free replacement of the defective product or its free repair.

Conditions: prior approval from after-sales service required (contact@watertoys.fr) | shipping costs borne by the Buyer | no compensation in the event of the goods being unavailable for use.

5.2 Exclusions from the commercial warranty

General exclusions: apparent defects | natural wear and tear | defects caused by accident, unauthorized modification, abnormal or non-compliant use.

Specific exclusions – lithium batteries: natural degradation due to charge and discharge cycles | capacity degradation down to 75% of nominal capacity | non-compliance with conditions of use (Article 6) | unsupervised charging or charging between sunset and sunrise | charging outside authorized areas (deck or open garage) | absence of a BMS (Battery Management System) | storage of batteries outside a fireproof locker.

5.3 Duration of the commercial warranty

The duration applicable to each product is indicated on its technical sheet and on the product pages of this website.

5.4 Legal warranty of conformity (B2C consumers only)

The Buyer benefits from a legal warranty of 2 years from delivery.

Reversed burden of proof: between 6 months and 1 year, it is up to the Seller to prove the absence of a defect at delivery; after 1 year, it is up to the Buyer to prove the existence of the defect at delivery.

Buyer’s choice: repair or replacement of the goods, subject to cost conditions: the Seller may refuse if the chosen option is impossible or disproportionate.

Refund (last resort): termination of the contract with full refund, or price reduction proportionate to the defect.

5.5 Warranty against hidden defects

The Buyer may invoke the warranty against hidden defects (article 1641 du Code civil (French Civil Code)) and choose between rescission of the sale (full refund) or a price reduction. Period: 2 years from the purchase invoice.

5.6 General exclusions of liability

The Seller is not liable for indirect damages, damage to other property or persons, loss of profit or business interruption.

5.7 Remedies in case of non-conformity

(1) Direct complaint: contact@watertoys.fr (48 hours after discovery) — (2) amicable settlement: 30 days for the Seller’s response — (3) mediation: recourse to CECMC (consumers only) — (4) legal action: according to the competent jurisdiction.

Article 6 – Specific conditions: lithium batteries

Products concerned: Sublue underwater scooters and their batteries | TKO electric surfboards and their batteries | Momentum electric outboard motors and their batteries.

Mandatory conditions of use:

  1. Supervised charging: no lithium battery must be charged unsupervised, nor between sunset and sunrise.
  2. Battery type: all lithium batteries are of the LFP, LiFePO4 or NMC type.
  3. Mandatory BMS: a Battery Management System (BMS) is mandatory on yachts or boats worth more than €3 million.
  4. Charging location: only on deck and in an open garage.
  5. Manufacturer’s recommendations: charging must comply with the manufacturer’s recommendations.
  6. Mandatory storage: batteries removable without tools must be stored in a fireproof battery locker.

⚠ In the absence of storage in a fireproof locker, any loss, damage, liability or expense resulting from a lithium battery fire is excluded.

Warning — insurance compliance. If the above conditions are not met, insurers will not be liable for losses, damages, liabilities or expenses resulting from a lithium battery fire. Non-compliance also engages the Buyer’s liability in the event of a claim.

Article 7 – Personal data

The Seller processes personal data on the following legal bases: legitimate interest, performance of the contract, legal obligations and consent. The data may be disclosed to service providers. It is retained for the duration of the contractual relationship plus the duration of the warranties.

Buyer’s rights: access, rectification, objection, portability and erasure. Contact: contact@watertoys.fr or by postal mail. The Buyer also has the right to lodge a complaint with the CNIL.

Article 8 – Force majeure

In the event of force majeure (strikes, fire, flood, war, epidemic, supply disruption, etc.), obligations are suspended without compensation. If the suspension lasts more than 30 business days, the contract may be terminated without damages.

Article 9 – Complaints and mediation

Prior contact with the Seller (contact@watertoys.fr or postal mail). CECMC mediation possible (articles L.611-1 à L.616-3 du Code de la consommation (French Consumer Code)).

Article 10 – Intellectual property

The Buyer has no rights over the products, packaging, trademarks, software or distinctive signs. Any unauthorized use constitutes infringement.

Article 11 – Termination of the contract

In the event of non-payment or non-delivery, the contract may be terminated with damages.

Article 12 – Applicable law

French law. Only the French text is authoritative.

Article 13 – Disputes

Professional buyer: Tribunal de commerce de Fréjus (Fréjus Commercial Court). Non-professional buyer: mediation possible.

Article 14 – Acceptance

The Buyer accepts these GTC without reservation and waives any conflicting documents.

Appendix 1 – Withdrawal form

Non-professional buyers only.

To the attention of: POSEIDON YACHTING, 293 Chemin des Vernedes, 83480 Puget-sur-Argens — Tel. +33 4 98 13 42 68 — contact@watertoys.fr

I hereby notify my withdrawal from the sales contract relating to:

Appendix 2 – Legal texts (for information)

Article 1641 du Code civil (French Civil Code): the seller is bound by a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, had he known of them.

Article 1648 du Code civil (French Civil Code): the action resulting from redhibitory defects must be brought within two years from the discovery of the defect.

Articles L.217-4 et suivants du Code de la consommation (French Consumer Code): they define the criteria for conformity with the contract and the procedures for implementing the legal warranty of conformity.

For the full legal texts, please refer to the Code civil (Civil Code) and the Code de la consommation (Consumer Code).

GTC revised — November 2025.
Compliant with directive (EU) 2019/771 · the French Civil Code · the Consumer Code · B2C / B2B distinction · complete lithium battery clauses.

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