Updated September 1, 2022
Any person accessing the Website shall be considered as a “User”.
The version of the ToU currently online is the only enforceable version for the duration of use of the Website, until a new version replaces it.
The Company may amend these ToU at any time without notice.
By continuing to browse the Website, the User accepts without reservation these ToU.
ARTICLE 1 – SUBJECT
The purpose of these ToU is to define the terms and conditions under which Users access to and use the Website.
ARTICLE 2 – ACCES TO THE WEBSITE
Access to the Website is given at no charge. However, any connection costs required to connect to the Website are to be borne by the User.
Access to the Website is possible for all Users.
User undertake to use the Website fairly, exclusively in line with its purpose, and in accordance with the legal and regulatory provisions and practices in force, and not to hijack or attempt to hijack any of the functionalities of the Site outside their standard use, as set out in this document.
ARTICLE 3 – WEBSITE CONTENTS
The content and data on the Website relate to boats for sale certified in FRANCE. The data may change with each new certification. The Company may edit technical details about their boat models at any time.
The prices published on the Website are the recommended retail prices and are for information only. These prices may be changed at any time without warning. These prices are taken from the pricelist applicable on the date the content of the Website was last updated. These prices are expressed in Euros excluding taxes, and where appropriate, mentioning and including the current rate of value added tax (VAT), and are exclusive of costs and ancillary services (preparation, delivery, etc.).
If a User is interested in buying a boat, the User can contact the exclusive dealer closest to him, to find out more about price conditions and availabilities (equipment and options) applied to the boat in question.
Depending on the country the User lives in, the model versions of our boats may differ. Some of the equipment may not be available (on the production model, on option or as an accessory). The User can get in touch with its exclusive dealer for further information. Due to technical limitations, the colours used on this configurator may differ slightly from the actual colours. The photos of the boats displayed are for information only and are not binding.
ARTICLE 4 – INTELLECTUAL PROPERTY
All data of any kind, including text, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software and Website features appearing on the Website are necessarily protected by copyright, trademark law and all other intellectual property rights, and are owned by the Company or any third party that has authorised the Company to use them. No part of the Website may be used, reproduced, represented, distributed, decompiled, indexed or extracted by any technical protocol without the Company’s prior written consent.
The Company prohibits any User from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial portion of the content of the Website’s databases to another medium, by any means and in any form whatsoever.
ARTICLE 5 – WEBSITE MANAGEMENT AND ALTERATION
The Company shall use its best efforts to ensure the proper functioning of the Website and undertakes to ensure the User’s consultation is secure. However, the Company is not bound by any obligation of availability or continuity towards the User.
In order to ensure the smooth operation of the Website, specifically in relation to maintenance, updating or technical improvements, the Company may at any time:
- suspend, interrupt or restrict access to all or part of the Website; and/or
- remove any information that may interfere with its operation, or that breaches national or international laws.
The Company undertakes to carry out or have carried out the necessary maintenance work to restore the proper functioning of the Website as soon as possible.
Due to the specific nature of the internet network, access to the Website may be interrupted or restricted at any time due to a cause beyond the Company’s control; in this case, the Company shall not be held liable. The Company shall not be liable in the event of an interruption to Website access due to maintenance, updates, or technical improvements, or to update its content and/or layout.
ARTICLE 6 – GUARANTEES AND LIABILITIES
The Company shall not be liable for any indirect, incidental or consequential loss or damages, in each case whether foreseeable or unforeseeable, that the User or a third party may suffer or incur, including loss of earnings or profits and loss of data or property, including the costs of recovery, reproduction, and repair for such losses, resulting from the use of the Website.
The Company shall not be liable for any damage caused by a User or a third party including the partners, or due to force majeure, understood as meaning any event recognised as such by French law and jurisprudence, as well as any blockage or slowing of the electricity and/or telecommunications networks.
ARTICLE 7 – PERSONAL DATA
ARTICLE 8 – HYPERLINKS
Any hyperlink link to the Website is prohibited without prior written authorization from the Company.
The Company reserves the right to withdraw this authorization at any time and to remove the link if the User does not comply with the applicable legislation or if the link does not comply with these ToU and other the Company policies.
The Site may contain hyperlinks redirecting the User to third-party websites that are not published the Company. The Company has no control over the latter websites and may not under any circumstances be held liable for the content published on these third-party websites or for any damage or harm arising from arising from browsing these websites.
ARTICLE 9 – APPLICABLE LAW AND COMPETENT JURISDICTION
These ToU are subject to French law.
Consumers Users may submit to mediation any dispute arising from the use of the Website.
In the event of a claim that has not been resolved amicably with the Company, and in accordance with article L. 612-1 of the French Consumer code, the consumer User may have recourse free of charge to the CM2C mediation service, of which the Company adhered:
- By filling in the following form: Centre de la Médiation de la Consommation de Conciliateurs de Justice (cm2c.net) ; or
- By email: email@example.com ; or
- By post: CM2C, 14 rue Saint Jean, 75017 PARIS.
Regardless of how the mediator is contacted (by post or email), the request must contain the following information in order to be processed promptly: postal, email and telephone contact details of the User, as well as the Company’s name and address, a brief statement of facts and proof of prior steps taken with the Company. However, the dispute will not be considered if the request is manifestly unfounded or abusive; if the dispute has been previously considered or is currently under consideration by another mediator or by a court; if the Individual User submitted their request to the mediator more than one year after submitting their written complaint to the Company; if the dispute does not fall within the mediator’s area of expertise; or lastly, if the Individual User does not prove that they have made a prior attempt to resolve the dispute directly with the Company by submitting a written complaint.
Users may also use the EU’s online mediation service available at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The above provisions do not limit the right of Users to bring proceedings before the courts.
Any dispute with a professional User resulting from the use of the Website shall be submitted to the Commercial Court of NANTES (FRANCE), including in the event of an emergency, the introduction of third parties or multiplicity of defendants.