Number of Ads : 743
Updated on : 05-09-2010
LEGAL NOTICES
1 - The purpose of this site, www.bateauxentreparticuliers.com, is to facilitate boat sale transactions between individuals by means of classified advertisements on the Internet and a support service (Pack Sérénité) for the administrative steps associated with changes in boat ownership. Access to the site, its consultation and use are contingent upon acceptance without reservation of these Legal Notices and General Sale Terms.
"bateauxentreparticuliers.com" is a trademark registered with the INPI under No. 07-3528707. It is the property of the company Nauticanet SARL, which has capital stock of 12,000 euros, is registered with the RCS (Trade and Companies Register) of Cannes under number 518 165 543 and has a registered office at 100 ave du Moulin de la Croix – 06250 Mougins – France.
2 - The hosting of this site is assumed by the Bexter company (RCS No. 439 180 084), domiciled at 158, allée Mont Caume - Domaine de La Coudoulière - 83 140 Six-Fours Les Plages.
3 - In conformity with law no. 78-17 of January 6, 1978, called "Data Processing, Data Files and Individual Liberties", www.bateauxentreparticuliers.com was subjected to a declaration at the National Commission for Computers and Individual Liberties (C.N.I.L.) under number 1257418. In conformity with article 27 of law no. 78-17 of January 6, 1978, you have a right at all times to access and correct data concerning yourself. This right may be exercised by regular mail sent to: Nauticanet - 100 ave du Moulin de la Croix – 06250 Mougins – France or by e-mail sent to contact@bateauxentreparticuliers.com.
4 - Information concerning you that is obtained by the company Nauticanet, through forms appearing on the site and transmitted electronically or by mail are indispensible to the processing of the services offered by the site www.bateauxentreparticuliers.com for management of the customer database, billing, placing ads, requests for information, or registration for certain of our services. In this respect, certain information is required, as indicated by an (*). No request can be processed and will simply be refused and/or rejected if the required fields are not completed. The Nauticanet company shall undertake to not procure personal information other than that necessary for processing the tasks previously mentioned. The personal and name specific information so obtained is intended for the Nauticanet company, which shall undertake to display only the information necessary for proper use of internet surfers who may therefore make contact with the individuals offering a boat for sale.
5 - The site www.bateauxentreparticuliers.com and all elements composing it are the property of the Nauticanet company; whether the elements are protected or not, in the present state of legislation, by a copyright, registered trademark or in any other manner. The entire site (logos, graphic and sound arrangement, images, databases, domain names, etc.) is the subject of a permanent copyright under no. 757A277.
Protection of the site and the elements composing it are part of the national and international legislation pertaining to intellectual property rights, copyrights and rights related to copyrights.
Article L 122.4 of the Intellectual Property Code.
Therefore, any reproduction and/or representation and/or redistribution, in full or in part, whether by any electronic medium or not, at present or in the future, is prohibited except with preliminary written authorization from the Nauticanet company. Any person violating this prohibition assumes criminal and civil liability and may be prosecuted, in particular ,on the grounds of trademark infringement.
Likewise, the databases of information are protected under the law of July 1, 1998. Therefore, any extraction or attempted extraction, whether in part or in full, is likely to entail the civil and criminal liability of any offender. Nauticanet reserves the right to use all lawful means against persons who have not respected this ban.
6 - To consult the site www.bateauxentreparticuliers.com, your computer must accept cookies. A cookie does not permit us to identify you. Generally speaking, it records information concerning navigation of your computer on our site (the pages you have visited, the date and time of your visit, etc.) that we can read during later visits. In this case, it contains the information that you have just furnished to us. Therefore, during your next visit, you will not again need to fill out the form we have given you. The length of time this information is kept in your computer is 1 year.
Please be informed that you can refuse the recording of "cookies" by configuring your navigator in the following manner (in this case, you will not be able to navigated the pages of the site www.bateauxentreparticuliers.com). You will find the configuration procedure by going to the site http://www.cnil.fr/index.phg?id=1316
7 - No liability of the Nauticanet company may be assumed in any case:
* concerning any contents, information or products having been the subject of any hypertexts present at the site www.bateauxentreparticuliers.com and which would lead back to sites operated by third parties. These links are furnished simply for information. Nauticanet exerts no control over these sites and declines any responsibility for access to the contents or use of these sites, as well as any harm which might result from the consultation of information at these sites. The decision to activate these links is the full and complete responsibility of the internet surfer.
* Concerning the quality or specifications of the products or services sold or offered by partners (insurers, transport companies, financing agents, etc) or by the advertisers in general.
* In the event of direct or indirect damage caused the user, no matter what kind, resulting from the contents, access or use of www.bateauxentreparticuliers.com (and/or linked sites).
* In the event of abnormal use or illicit operation of www.bateauxentreparticuliers.com. The user of www.bateauxentrepaticuliers.com is then himself solely liable for damage caused to third parties and the consequences of complaints or legal actions which may ensue. The user also waives the right to any recourse against Nauticanet in the event of lawsuits undertaken by a third party against him due to the illicit use and/or operation of the site,
* In the event of loss by the member of www.bateauxentreparticuliers.com of his username or password or in the event of identity theft.
8 - Nauticanet reserves the right to modify, independently and at any time, these Legal Notices and General Sale Terms for use of the site www.bateauxentreparticuliers.com. Each internet user connecting to the site www.bateauxentreparticuliers.com is invited to consult this document regularly to become informed of possible changes. Continued use of the site as modification of these terms of use occurs constitutes acceptance by each user of the Legal Notices and General Sale Terms in effect.
All disputes which may arise on the subject of validity, interpretation and performance of these terms, whatever the place of subscription, or settlement, will be the subject of an attempt at amicable settlement that the parties shall undertake to seek. In the absence of agreement within a time limit of three (3) months, the courts of Toulon shall have sole competence, even in the event of involvement of third parties or a majority of respondents, for emergency or protective proceedings, summary proceedings or petitions.
These Legal Notices and General Sale Terms are subject to French law, which shall determine the applicable law case by case. In the absence of any imperative provision to the contrary or in the presence of a choice in determining the applicable law, French law shall be applicable. Only the French version of these Legal Notices and General Sale Terms can be applicable. The translated versions are only for information.
GENERAL SALE TERMS
1 - The purpose of these terms is to define the conditions under which Nauticanet SARL, which has capital stock of 12,000 euros, is registered with the RCS (Trade and Companies Register) of Cannes under number 518 165 543 and has a registered office at 100 ave du Moulin de la Croix – 06250 Mougins – France (hereinafter called www.bateauxentreparticuliers.com), puts at the disposal of customers a paying service for placing advertisements to be put on line at www.bateauxentreparticuliers.com and for having the opportunity (option for which a supplement is paid) to be assisted in the administrative steps linked to the changes in ownership of pleasure boats.
The Service is offered to the customer, subject to his acceptance of these Legal Notices and General Sale Terms. The customer accordingly represents and acknowledges that he has gained full knowledge of the Legal Notices and General Sale Terms in their entirety. The Service is reserved to persons legally capable of entering into contracts under French law.
In the event that the advertiser fails to respect these terms, www.bateauxentreparticuliers.com reserves the right to refuse him access to this Service.
2 - Our advertisements are reserved strictly for individuals. By publishing an advertisement in our column, you commit yourself on your honor to not being a boating professional or working for the account of a boating professional. You must be an individual owner. (Non-exhaustive list of professionals concerned, by way of example: dealer, agent, broker, rental agent, etc.) Advertisers who have placed an advertisement under a disguised identity or one giving false information will see their advertisements purely and simply deleted and will not be reimbursed.
Each individual advertiser MAY PUBLISH ONLY ONE advertisement at a time on the site.
3 - The advertiser may place an ad and authenticate it by means of capture of a form at the site. Authentication of the ad by the advertiser means that it is immediately taken into account by www.bateauxentreparticuliers.com for all payments by Visa Card. The advertiser acknowledges that the service furnished shall begin as soon as he completes authentication and payment for the advertisement; therefore he will not benefit from any withdrawal right in conformity with article L121-20-2 of the Consumer Code. Advertisements listed on the site are a transcription of the Internet forms captured by the advertisers. Each advertiser may have access to his file in order to make any modifications he desires. Required fields cannot be modified later.
The advertiser acknowledges being the sole and exclusive author of the text of the Advertisement which is published under his exclusive responsibility. The advertiser warrants the conformity of the asset offered on the site www.bateauxentreparticuliers.com. In particular, the advertiser is obligated that the information he is advertising is correct, is not likely to lead the public into error, is not fraudulent, does not involve the sale of counterfeit or stolen goods and respects the rights of trademarks and other intellectual property rights.
Specifically, www.bateauxentreparticuliers.com does not check quality, functionality, safety, transferability, conformability, general condition of property advertised, the capacity of the sellers to sell said goods or the capacity of buyers to pay for said goods.
Information which is published and/or put on line in the advertisements is therefore likely neither to be complete , exhaustive or current, and the public needs to check said information before entering into any contract.
The advertiser shall therefore commit to compensating www.bateauxentreparticuliers.com for any detriment suffered in this respect and guarantees www.bateauxentreparticuliers.com against any action based on these insertions.
The advertiser certifies that the Advertisement conforms to all legal and regulatory provisions in effect and shall respect the rights of third parties. Consequently, the advertiser relieves Nauticanet, its subcontractors and suppliers of all liability, and guarantees them against all judgments , legal and extralegal expenses which would result from any recourse related to publication of the advertisement. The advertiser shall commit to indemnifying Nauticanet for any harm resulting from violation of this provision.
Without detriment to application of the preceding clause, and without having it create an obligation to check the contents, exactitude or coherence of the Advertisement, Nauticanet reserves the right to refuse at any time an Advertisement that is incomplete or does not correspond to its moral standards or professional code of ethics or to the legislation in effect.
4 - Processing of photos is carried out automatically from the document supplied by the customer. The reproduction will therefore be related to its quality. Furthermore, www.bateauxentreparticuliers.com reserves the right not to publish a document that is surcharged or of very poor quality. Except if refused in writing by the Customer in advance, photos may be used to illustrate the documents published by www.bateauxentreparticuliers.com. The advertiser warrants that the photos are a faithful representation of the asset advertised and are not likely to cause the public to make an error and that he possesses all intellectual property rights for photos he puts on line, thus permitting their use.
5 - The price applicable to each listing of an advertisement shall be that in effect on the date of said placement. It shall be mentioned on the site. Prices are posted in euros and include all taxes.
Acceptable payment methods are: bank card, checks and bank transfers. Payment by bank card shall be made using an ultra secure payment process via the CIC bank terminal. Payment by bank card shall give way to immediate listing of the advertisement on line. For the other payment methods, the advertisement shall be authorized after cashing of the check or receipt of the bank transfer. Complete and exact payment is required before publication. In the event of incomplete payment, the advertisement will not be published.
6 - Each advertiser has the permanent option of deleting his advertisement, which will have the effect of putting an immediate end to the appearance of the Advertisement and payment for the following period. Payment periods shall be monthly or quarterly. Any period (1 or 3 months) already begun is due. For obvious reasons of convenience, in entering the references of his bank card for the first time (upon capture of his advertisement), the advertiser shall accept and give authorization for payment at the rate in effect on the first day of each period of 30 or 90 days of appearance on the site. Simply by letting his advertisement be visible on the site, www.bateauxentreparticuliers.com, the advertiser authorizes Nauticanet, through automatic renewal, to present his bank with the request for payment of the amounts due for subsequent listings.
7 - www.bateauxentreparticuliers.com gives buyers and/or sellers the opportunity (hereinafter called "subscriber") to be assisted in all the administrative steps related to the transactions and transfer of ownership of boats. The condition for subscribing to this service, called Pack Sérénité, is to be the seller or buyer of a boat flying a French flag. The purpose of this service is solely to assemble (through a precise procedure and documents) the necessary conditions to permit Nauticanet to carry out (in the name of the subscriber) all administrative steps related to the transfer of ownership of a French pleasure craft.
The subscriber shall undertake to follow the procedure in a precise manner, using the documents furnished and having them arrive without fail and as soon as possible at Nauticanet, which recommends sending by secure types of mail with return receipt. Nauticanet may not be held responsible for the failure of a change in ownership if the rules hereinabove have not been respected. In the event it is impossible to register the change in ownership for any reason (by way of example: failure to furnish the documents requested, bad faith, unpaid VAT, mortgage not obtained, lack of coherence between the seller mentioned on the contract of sale and that mentioned on the registration as a French ship, nonpayment of the annual Navigation Fee, etc.) Nauticanet reserves the right, without having to justify itself, of reimbursing the entire amount for the service and returning the documents in its possession to the subscriber. This will have the immediate effect of ending relations between Nauticanet and the subscriber.
Nauticanet shall undertake, at the time all documents are sent to customs, to use any means of shipment allowing follow-up or "facilitating security" of the shipment (return receipt, Chronopost, etc).
The price applicable to each subscription to Pack Sérénité is that in effect on the date of said subscription. It is mentioned on the site. Prices are given in euros and include all taxes. Payment methods and terms are the same as those stipulated in 5-. Subscriptions to Pack Sérénité, are valid at any time up to the final sale (or purchase if the buyer of the boat has subscribed to Pack Sérénité). The services and obligations of Nauticanet shall be considered terminated upon receipt of the book for registration as a French ship transferred in favor of the subscriber to Pack Sérénité .
8 - The liability of Nauticanet is in all cases expressly limited to the prices of the listing service and Pack Sérénité.
Nauticanet shall not become liable either directly or indirectly in the transactions, which follow the general rules of the Civil Code (art. 1641 and following); even in the event of subscription to Pack Sérénité (see 7-) by one or the other of the parties involved in the transaction.
As part of its goal of facilitating the transactions, www.bateauxentreparticuliers.com reserves the right of contacting the advertiser at any time to give plenty of advice on presentation and advantageous showing, or even to give information on the market and its consistency or lack thereof with the listed price.
9 - Any disputes which may occur at the time of interpretation, acceptance and performance of the present conditions, whatever the place of subscription, or settlement, will be the subject of attempted amicable settlement that the parties shall undertake to seek. If this does not succeed within a time period of three (3) months, the courts of Toulon shall have sole competence, even in the event of introduction of third parties or a majority of respondents, in emergency or protective proceedings, summary proceedings or petitions. These General Sale Terms and Legal Notices are subject to French law.