The purpose of these general terms and conditions of sale (the "T&Cs") is both to inform everyone about the conditions and procedures under which the company SPBI, defined below, offers for sale and delivers products under the BENETEAU brand (the "Products") ordered on the website https://laboutique-beneteau.com (the "Website") and to define the rights and obligations of the parties in the context of the sale of the Products on the Website.
The T&Cs apply to all Product sales made between:
(i) the company SPBI, a French société anonyme (limited company) with a share capital of €51 541 628, registered in the French company registration system (SIREN) under number 491 372 702 and registered in the commercial register of LA ROCHE-SUR-YON, with a registered office located at Parc d’activités de l’Eraudière, 34 rue Eric Tabarly, DOMPIERRE-SUR-YON (85170), with the purpose of distributing the products it sells under the trademark "BENETEAU" a division of BENETEAU with its address at 2 rue du Grand Large, CS 82531, Givrand, SAINT-GILLES-CROIX-DE-VIE (85805) (the "Company"),
(ii) any individual and any individual or corporation considered as "non-professional" under the terms of current legislation (the "Customer");
The provisions in these T&Cs apply in full to each Customer and take precedence under all circumstances over any other documents.
All Products ordered on the Website (the "Order"), entail, of full right, acceptance by the Customer of the T&Cs, accessible via the Website.
The T&Cs take effect on 1st January 2022. As the T&Cs may be modified later, it is specified that the version which applies to the Customer is the one in force on the Website when the Order is made.
It is specified that article VIII - RIGHT OF WITHDRAWAL is not applicable to Products which are manufactured according to the Customer's specifications or which are clearly customised, in particular the Products in the "Customisation" section on the Website, under application of article 221-28 of the Consumer Code.
II. 1 REGISTRATION ON THE WEBSITE
To be able to make an Order, the Customer must first be registered on the Website, creating their personal account (the "Account"), which contains their information and contact details. In registering on the Website, the Customer declares and guarantees the Company that they are an adult and have the legal capacity to sign a contract. After registering, the Customer receives confirmation of their registration by electronic mail.
II. 2 CONNECTION TO THE WEBSITE
Orders will require the Customer to connect to their Account on the Website.
The Customer must ensure that the data they provide on their Account is correct and complete; in particular, they must ensure their personal information is up to date. In particular, the Customer must update their billing address if it is different from the delivery address.
The Company and its partners cannot be held responsible for any damage, regardless of its nature, resulting from any errors in the data provided by the Customer, for example if the Products cannot be delivered if an incorrect delivery address is entered.
If the provisions stated above are not respected, the Company may remove the Customer's Account, at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Website on the day it is consulted by the Customer, within the available stock limits. These indications are updated automatically in real time. However, the Company, the Service Provider or their partners cannot be held liable for any update errors, regardless of their source.
Therefore, the Company cannot be held liable for the cancellation of an Order or a Product due to a lack of stock.
The Customer must be informed without delay if a Product which is the subject of an Order is unavailable. The Customer is then entitled to cancel their Order and to then have their Order refunded, without cost and delay, under the conditions of Article VI - PRICES AND PAYMENT CONDITIONS.
IV. 1 ORDER PROCESS
The Order process on the Website is subject to respect for the procedure put in place by the Company on the Website, comprising a series of steps leading to the confirmation of the order, which are detailed below.
The Customer may select as many Products as they like which will be added to the Basket. The Basket contains all the Products selected by the Customer, along with their prices and related costs. The Customer may modify the Basket freely before confirming their Order. Confirmation of the Order signifies confirmation that the Customer accepts the T&Cs, the Products purchased, their prices and the associated costs.
The Customer shall make payment for their Order in accordance with the provisions in Article V - PRICES AND PAYMENT CONDITIONS.
A confirmation electronic mail summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer.
IV.2 ORDER PROCESSING
The Company reserves the right to refuse to process any Order which does not meet the conditions listed above.
The Company also reserves the right to withdraw at any time any Product displayed on the Website and to replace or modify any content or information which appears on the Website. It is possible that the Company may be obliged to refuse to process an Order, after sending the Customer the confirmation electronic mail summarising the Order. Therefore, the Company cannot be held liable to the Customer for any prejudicial consequences of the withdrawal of a Product from the Website, the replacement or modification of any content or information appearing on the Website or the refusal to process an Order after sending the confirmation electronic mail.
The Customer is informed that the Company may, directly or via its partners, provide the logistical services to process Orders and to ship and deliver the Products which are the subject of Orders.
The prices of the Products which appear on the Website are expressed in Euro exclusive of taxes (ex. VAT) and in Euro inclusive of taxes (inc. VAT) including value added tax (VAT) and exclusive of delivery costs.
The Product delivery costs are specified at the end of the Order, before it is confirmed.
The Orders made by the Customer are paid for directly online, by bank card only, after the Order is confirmed, by secure payment via the SSL protocol.
Ownership of the Products will only be transferred after the price is paid in full by the Customer, regardless of the date when they are delivered.
The Company reserves the right to modify its prices at any time. However, the Products will be invoiced based on the tariffs in force when the Order is paid for and registered, subject to their availability.
Delivery means the transfer to the Customer of the physical possession of the Products ("Delivery").
The Products are delivered to Mainland France, Corsica, the French overseas departments and regions and internationally. The Products are delivered by one or more service providers of the Company (the "Carrier"), depending on the option selected by the Customer when confirming their Order. The Delivery costs which apply to the Order are those mentioned on the Website when the Order is confirmed.
Delivery is made by the Carrier to the billing address indicated by the Customer. If Delivery cannot be made due to a wrong delivery address or if the Customer fails to collect their Order from the Carrier, no repeat despatch may be made and the Customer will be refunded within fourteen (14) days from receipt of the Order by the Company.
The Customer is responsible for the costs of customs clearance of the goods in the destination territory.
The Company and the Service Provider cannot be held liable for any shipping delays which are not caused by them or which are justified by a force majeure.
The risks of loss and damage are transferred to the Customer on Delivery.
Before taking Delivery of the Order, the Customer is required to verify the condition of the Products. In the event of an anomaly, the Customer must inform the Company under the conditions of Article VIII - RETURNS AND EXCHANGES.
The Customer must sign for the shipment upon delivery and verify that it is correct at the time of signing.
VII. 1 TIME FRAME AND PROCEDURE FOR THE CUSTOMER TO EXERCISE THEIR RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has fourteen (14) days from reception of the Product to exercise their right of withdrawal, without needing to justify the reason for exercising this right and without having to pay any penalties.
To exercise their right of withdrawal, the Customer may use the standard withdrawal form provided by the Company, which appears in Appendix 1 of these T&Cs.
The return costs paid by the Customer to exercise their right of withdrawal are met by the Customer alone (except if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged) and will not be reimbursed by the Company. In addition, Customers are reminded that it is up to them to provide proof that the Products have been returned.
The Customer despatches the Order, at the latest fourteen (14) days following communication of their decision to withdraw in accordance with article L. 221-23 of the Consumer Code. Beyond this period of fourteen (14) days, the sale is binding and definitive. Consequently, in this case, no refunds may be provided.
If the Order must be returned:
- The Product must be returned in its original packaging to the following address: STACI, ZI du Vert Galant – 5/7 avenue des Gros Chevaux, 95310 SAINT OUEN L’AUMONE
- The Customer must provide proof that the Products have been returned.
VII. 2 REFUNDING OF THE PRODUCTS RETURNED BY THE CUSTOMER
The return costs remain to be met by the Customer.
The Company provides a refund of the Order at the latest within fourteen (14) days from reception of the Order by the Company. The Company will refund the Customer in full for all of the Products which are returned, along with any initial despatch costs.
If the Customer fails to respect the provisions in this article, the Company may not refund the Products in question.
Any faults or deterioration caused by natural wear and tear or caused by the Customer (in particular incorrect dismantling, incorrect maintenance or improper use, etc.), a third party or an Act of God are excluded from the guarantee. Batteries are also expressly excluded from the guarantee.
Subject to confirmation of a non-conformity or a hidden defect by the Company, the Customer benefits from the following legal guarantees:
- Guarantee of conformity (articles L. 217-4 and following of the Consumer Code); and
- Guarantee against hidden defects (articles 1641 and following of the Civil Code).
To exercise their rights under these guarantees, the Customer must make a complaint by electronic mail or post (see article XIV – CONTACT).
The Customer shall then comply with the procedure indicated by the Company in order to find a solution to remedy the hidden defect or conformity fault.
The Website belongs to the Company and is managed by one of the Company's Service Providers. The Website is accessible to all users over the Internet, in principle 24/7, except during interruptions which may or may not be scheduled by the Company or its Service Provider or their partners, in particular for maintenance and/or security requirements or in the event of an Act of God. The Company and its partners cannot be held liable for any damage, regardless of its nature, which may result from the Website being unavailable.
X.1 Applicable regulations
The Customer is informed and accepts that their personal data will be collected on the Website and used by the Company which acts as the party in charge of processing, under the terms of the Regulation (EU) 2016/679 of the European Parliament and Council of 27th April 2016 relative to the protection of individuals in relation to personal data processing and the free circulation of this data, repealing Directive 95/46/EC (the "GDPR").
X.2 Personal data processing
The Customer's personal data, such as their identity, their postal address, their telephone number and their email address are used solely with their consent.
The information marked with an asterisk in the Website's forms must be filled in to process Customers' requests and Orders. If it is not filled in, Customers' requests and Orders cannot be taken into account.
The data which is saved is reserved for use by the Company's internal departments, in particular the "Communication and Marketing", "After Sales" and "Customer Relations" departments.
The personal data may also be accessible to the Company's Service Providers (in particular for Website hosting and Customer payment management purposes). In this case, Customers' personal data may only be communicated to third parties for the purposes stated in this information statement or subject to your consent. The service providers act according to the Company's instructions and are bound to implement appropriate personal data protection measures.
Customers' personal data is collected for the following purposes:
· Management, payment and delivery of Orders;
· Management of relationships with the Customers;
· Information to Customers relative to commercial offers and information in conjunction with the Company;
· Reinforcement and improvement of communication from the Website and the Company, in particular by sending newsletters and special offers according to the Customer's preferences noted on the Website;
· Improvement and customisation of the services proposed to Customers;
· Respect for legal and regulatory obligations.
The personal data is kept:
· If the Customer does not make any Orders: for a period of three (3) years;
· If the Customer makes an order: for a period corresponding to the Product's warranty period, to which is added the applicable legally-required duration (five (5) years for actions under contractual or non-contractual civil liability, excluding physical damage);
· For a period of thirteen (13) months starting from their installation/creation of cookies.
X.3 Exercising the rights attached to personal data
In accordance with the GDPR, the Customer has the:
· Right to access and correct, erase and the portability of their personal data;
· Right to limit and oppose for legitimate reasons the processing of their personal data;
· Possibility of sending the Company their directives in order to organise the outcome for their personal data (storage, erasure, communication to a third party, etc.) after their death (making up the "IT and Freedoms Rights").
To exercise one or more IT and Freedoms Rights, the Customer must send a request via electronic mail to: email@example.com.
Each request to exercise IT and Freedoms Rights must be accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the Company must reply. The response to the request exercised on the basis of one or more IT and Freedoms Rights will be sent within a maximum of two (2) months from receipt of the request by the Company.
The Customer also has the right of appeal to a national monitoring body such as the Commission Nationale de l'Informatique et des Libertés [National Commission on Informatics and Liberty] if the applicable personal data protection regulations are violated, notably the GDPR.
In addition, the Customer may unsubscribe at any time from the newsletters or any other communication transmitted by the Company by clicking on the unsubscribe link included in each newsletter and/or communication campaign run by the Company.
While consulting this Website, certain items of information relative to the Customer's browsing is likely to be saved in files called "Cookies" installed on their terminal (computer, tablet, mobile phone or any other device optimised for using the Internet). These cookies are issued by the Company in order to provide the best response to the Customer's expectations and to facilitate their browsing of the Website.
XI. 1 What is a cookie?
A cookie is a text file which, thanks to your browsing software, is placed in a dedicated area on the hard disk of the Customer's terminal when they visit a website or consult an advert. It contains several items of data, in particular the name of the server which deposited it (server of the website you are visiting), an identifier as a unique number and potentially an expiry date for the cookie in question.
The cookies enable the party which issues them to recognise the Customer's terminal in which it is saved, to collect information relative to their browsing on the websites and to offer them customised services. The cookies do not contain any information which identifies the Customer personally and only the party which issued a cookie may read or modify the information contained in it.
XI. 2 The cookies issued on the Website
· "Vital cookies" for the Website's operation: they are used to save the information entered into forms, and manage and secure access to reserved areas (registration or access to the Account, service requested, content of an Order basket, etc.);
· "Functional cookies": they are used to adapt the Website's presentation to your terminal's display preferences (language used, screen resolution, etc.) and so customise access to the Website;
· "Analytical cookies" (or "audience measurement cookies"): they collect traffic data anonymously in order to establisher visitor statistics and volumes (number of visits, page views, etc.) and to see how the elements that make up this Website are used (sections and pages consulted, etc.) enabling the Company to monitor and improve the quality of its services. In addition, this Website uses Google Analytics, a website analysis service provided by Google Inc. ("Google") which enables the Company to analyse how the Website is used by its Customers;
· "Social cookies": they enable the Customer to interact with the social modules on the Website (Facebook, Twitter, etc.);
· "Retargeting cookies": they are used to save the Customer's information and to recognise them on another website which markets in part a similar advertising inventory.
XI. 3 Management of cookies by Customers
The Customer may control and manage the installation of these cookies on their terminal by configuration of their browser software.
The browser may then be configured to accept or reject all cookies either systematically or depending on the party who issued them. The Customer may also choose to be informed automatically when a cookie is saved on their terminal.
In order to benefit from stricter cookie management control, the Customer may configure their browser software to cookie acceptance or refusal if proposed from time to time, before a cookie is likely to be deposited on their hard disk by the server of the website that the Customer is visiting.
The Company is the exclusive holder of intellectual property rights to the following elements; this list is not exhaustive:
· The Products proposed on the Website;
· The brands associated with the Products;
· The names, symbols, logos, colours, graphics or other signs which may be used, belonging to, produced or implemented by the Company.
The Company is also the exclusive owner of the domain name "laboutique-beneteau.com".
Subsequently, it is prohibited to reproduce, in any form, either directly or indirectly, the elements stated in this article, or to alter the brands, patents, names, symbols, logos, colours, graphics or other signs which appear on the elements provided within the Website, and more generally to use or exploit these elements other than in the context of the execution of these T&Cs.
Therefore, the reproduction or use of some or all of these elements is authorised solely for personal and private use; any reproduction and any use of copies made for other purposes is strictly prohibited.
The T&Cs are subject to French law.
In the event of a dispute related to the execution of these T&Cs, the Customer may first send the Company's customer service department a justified complaint in order to seek an amicable solution, by electronic mail or post to the following address (see article XIV - CONTACT).
In the event of a complaint which is not resolved amicably by the customer service department and in accordance with article L. 612-1 of the Consumer Code, the Customer may contact free of charge the CM2C mediation service, of which the Company is a member:
· By completing the online form: https://cm2c.net/declarer-un-litige.php; or
· Via email: firstname.lastname@example.org; or
· By post: CM2C, 14 rue Saint Jean, 75017 PARIS.
The mediator service may be contacted for any consumer disputes where the regulations failed to find a solution.
If an amicable resolution cannot be found between the Customer and the Company, any disputes relative to the interpretation of the T&Cs or the execution or breach of a sale will be subject to the competence of the French courts.
For any questions or requests for information about the Products or these T&Cs, Customers may contact the Company:
· Via email: email@example.com
· By post: SPBI (BENETEAU), Service Communication, 34 rue Eric Tabarly, 85170 DOMPIERRE-SUR-YON.
For any questions or requests for information about transporting and returning Orders, Customers may contact the Company's Service Provider, STACI:
· Via email: firstname.lastname@example.org;
· By post: ZI du Vert Galant – 5/7 avenue des Gros Chevaux, 95310 SAINT OUEN L’AUMONE
· By phone: 08 92 70 10 45 (Monday to Friday, 8am to 6pm).
APPENDIX 1 – WITHDRAWAL FORM
If you want to withdraw from the Order process, please fill in this form and send it within fourteen (14) days following reception of the Order:
- Either via email: email@example.com;
- Or by post: ZI du Vert Galant – 5/7 avenue des Gros Chevaux, 95310 SAINT OUEN L’AUMONE
Order number: ______________________________
Date Order made: ____________________
Delivery note number: ______________________
Date Order received: ___________________
Customer's address: __________________________________________________________
Products which are the subject of the return:
Produce size / colour
Customer's signature (if a paper copy of this form is sent):