Updated to September 1, 2022
The purpose of these general terms and conditions of use (the "GTC") is to determine the rules of use of the site configurateur.beneteau. com website (the "Site") provided by SPBI, a public limited company with a share capital of 51,541,628 euros, registered in the SIRENE register under the number 491 372 702 and registered in the LA ROCHE-SUR-YON Trade and Companies Register, whose registered office is located Parc d'activités de l'Eraudière, 34 rue Eric Tabarly, DOMPIERRE-SUR-YON (85170) - FRANCE, whose purpose is the distribution of its products sold under the brand name "BENETEAU", with a secondary establishment whose address is 2 rue du Grand Large, Givrand, in SAINT-GILLES-CROIX-DE-VIE (85805) - FRANCE (hereinafter the "Company").
Any person consulting the Site shall be considered a "User".
The applicable GCU are those in force at the date of the consultation of the Site and this until a new version replaces them.
The GCU may be modified by the Company at any time and without notice.
By consulting the Site, the User acknowledges having read these GTUs and agrees to comply with them without reservation.
ARTICLE 1 - PURPOSE OF THE GCU
The purpose of the GCU is to define and govern the access and use of the Site by the Users.
ARTICLE 2 - ACCESS TO THE SITE
Access to the Site is free. However, the equipment and any connection fees for accessing the Site are at the User's expense.
The Site is accessible by all Users.
The User undertakes to use the Site in a loyal manner, exclusively in accordance with its purpose and in compliance with the legal and regulatory provisions as well as with current practices and not to divert or attempt to divert any of the Site's functionalities outside of its normal use as defined in these GCU.
ARTICLE 3 - SITE CONTENT
The data and information contained on this Site concern boats marketed and approved in France. These data and information are likely to change with each new approval. The Company reserves the right to make technical modifications to its boat models at any time.
The prices indicated on the Site are recommended prices, appearing as an indication and are subject to change without notice. They are taken from the price list in force on the date of the last update of the various pages of the Site. They are expressed in euros excluding taxes (HT) and, where applicable, including all taxes (TTC) including the value added tax (VAT) at the current rate, and are exclusive of charges and additional services (preparation, delivery ...).
If the User is interested in purchasing a boat, he/she can contact the nearest exclusive dealer to find out the price and availability conditions (of equipment and options) applied to the said boat.
Depending on the country, the marketed versions of the Company's boats may differ, some equipment may not be available (as standard, optional or accessory). However, the User is informed that he/she may contact his/her exclusive dealer for further details. Due to technical limitations, the colors shown on this configurator may differ slightly from the actual colors. The photographs of the boats presented are indicative and non-contractual.
ARTICLE 4 - INTELLECTUAL PROPERTY
All data of any nature whatsoever, and in particular texts, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, characteristics of the Site appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the Company or to third parties who have authorized the Company to use them. No element of the Site may be used, reproduced, represented, distributed, decompiled, indexed, or extracted by any technical process without the prior written consent of the Company.
The Company prohibits any User from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Site's databases onto another medium, by any means and in any form whatsoever.
ARTICLE 5 - MANAGEMENT OF MODIFICATIONS TO THE SITE
The Company will make its best efforts to ensure the proper functioning of the Site and undertakes to make its consultation secure.
However, the Company is not bound to any obligation of availability and continuity towards the User.
To ensure the proper functioning of the Site and in particular in the context of maintenance operations, updates or technical improvements, the Company may at any time:
suspend, interrupt or limit access to all or part of the Site
delete any information that may disrupt the operation of the Site or that may contravene 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 Site as soon as possible.
Due to the particular nature of the Internet network, access to the Site may be interrupted or restricted at any time due to a cause beyond the control of the Company; in this case, the Company shall not be held liable. The Company shall not be held liable in the event of interruption of access to the Site due to maintenance operations, updates or technical improvements, or to change the content and/or presentation.
ARTICLE 6 - GUARANTEES & RESPONSIBILITIES
The Company shall not be liable for any indirect, incidental or consequential damages, whether foreseeable or unforeseeable, caused to the User or to a third party and in particular, loss of earnings or profit, loss of data or material, including the costs of recovery, reproduction, repair of such losses, resulting from the use of the Site.
The Company shall not be held liable in the event of damage caused by the User or a third party, including partners, or by a case of force majeure understood as any event recognized as such by French law and jurisprudence, as well as any blockage or slowdown of electrical and/or telecommunications networks.
ARTICLE 7 - PERSONAL DATA
ARTICLE 8 - HYPERTEXT LINKS
Any hypertext link pointing to the Site 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 TOS and other policies of the Company.
The Site may contain hyperlinks directing the User to third-party websites that are not published by the Company. The Company has no control over the latter sites and may not be held liable for the content published on the third-party sites or for any damage or harm resulting from browsing these sites.
ARTICLE 9 - APPLICABLE LAW AND COMPETENT COURT
The present GTU are subject to French law.
Users may submit to mediation any dispute or litigation resulting from the consultation of the Site.
In the event of a complaint that has not been resolved amicably by the customer service department, 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 is a member:
By filling out the online form: Centre de la Médiation de la Consommation de Conciliateurs de Justice (cm2c.net); or
By e-mail: email@example.com; or
By mail: CM2C, 14 rue Saint Jean, 75017 PARIS.
Regardless of the means used to refer the matter to the mediator (mail, email), the request must contain the following elements in order to be processed promptly: the User's postal, email and telephone contact details, as well as the Company's name and address, a brief statement of the facts and proof of the prior steps taken with the Company. However, the dispute may not be examined if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if the User submitted his request to the mediator more than one year after the written complaint to the Company, if the dispute does not fall within the mediator's field of competence, or finally if the User does not justify having previously attempted to resolve his dispute directly with the Company by means of a written complaint.
The Users can also have recourse to the online mediation of the European Union accessible on the following site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The above provisions do not limit the right of Users to take legal action.
Any dispute arising from the use of the Site with a User shall be submitted to the competent courts of the jurisdiction of the Court of Appeal of NANTES, including in case of emergency, appeal in guarantee or plurality of defendants.