Terms of use

TERMS OF USE DELPHIAYACHTS.COM
Updated September 1, 2021

Preamble

These terms of use (the “ToU”), define the terms and conditions of the use of the site (the “Site”) provided by BENETEAU, a public limited company with a share capital of EUR 8,278,984, registered in LA ROCHE-SUR-YON Trade and Companies’ Register under number 487 080 194, having its registered office at 16 boulevard de la Mer, 85800 SAINT GILLES CROIX DE VIE (FRANCE), acting on its own behalf and on behalf of its subsidiary STOCZNIA JACHTOWA DELPHIA SPOLKA Z.O.O., a limited liability company existing and organized under the laws of POLAND with a share capital of PLN 5,000, registered in WARSAW Trade and Companies’ Register under number 0000751126, having its registered office at Kosciuszki 63, 19-400 Olecko – POLAND  (hereinafter to as the “BENETEAU GROUP”).

Any person accessing the Site 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 Site, until a new version replaces it.

These ToU may be amended at any time without notice by BENETEAU GROUP.

By continuing to browse the Site, the User accept without reservation these ToU.

Article 1 – Subject  

The purpose of these ToU is to define the terms and conditions under which Users access to the Site.

Article 2 – Access to the Site  

Access to the site is given at no charge. However, any connection costs required to connect to the Site are to be borne by the User.

Access to the Site is possible for all Users.

User undertake to use the Site 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 – Site contents – Intellectual property

All data of any kind, including text, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software and site features appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights, and are owned by BENETEAU GROUP or any third party that has authorised GROUP BENETEAU to use them. No part of the site may be used, reproduced, represented, distributed, decompiled, indexed or extracted by any technical protocol without BENETEAU GROUP’s prior written consent.

BENETEAU GROUP prohibits any User from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial portion of the content of the Site’s databases to another medium, by any means and in any form whatsoever.

Article 4 – Site management and alteration

The BENETEAU GROUP shall use its best efforts to ensure the proper functioning of the Site and undertakes to ensure the User’s consultation is secure. However, BENETEAU GROUP is not bound by any obligation of availability or continuity towards the User.

In order to ensure the smooth operation of the Site, specifically in relation to maintenance, updating or technical improvements, BENETEAU GROUP may at any time:

  • suspend, interrupt or restrict access to all or part of the Site; and/or
  • remove any information that may interfere with its operation, or that breaches national or international laws.

BENETEAU GROUP 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 specific nature of the internet network, access to the Site may be interrupted or restricted at any time due to a cause beyond the BENETEAU GROUP’s control; in this case, BENETEAU GROUP shall not be held liable. BENETEAU GROUP shall not be liable in the event of an interruption to Site access due to maintenance, updates, or technical improvements, or to update its content and/or layout.

Article 5 – Guarantees and liabilities

BENETEAU GROUP 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 Site.

BENETEAU GROUP 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 6 – Personal data

For more information about the collection and processing of personal data, the use of cookies and the rights available to Users in accordance with the applicable regulations on the protection of personal data, users should refer to the personal data policy, available on the Site.

Article 7 – Hyperlinks

Any hyperlink link to the Site is prohibited without prior written authorization from BENETEAU GROUP.

BENETEAU GROUP 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 BENETEAU GROUP policies.

The Site may contain hyperlinks redirecting the User to third-party websites that are not published by BENETEAU GROUP. BENETEAU GROUP 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 8 – 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 Site.

In the event of a claim that has not been resolved amicably with BENETEAU GROUP, 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 BENETEAU GROUP adhered:

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 BENETEAU GROUP’s name and address, a brief statement of facts and proof of prior steps taken with BENETEAU GROUP. 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 BENETEAU GROUP; 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 BENETEAU GROUP 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 Site 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.

Article 9 – Contact

For any questions or requests for information about the Site, Users may send an email to: delphiayachts@delphiayachts.eu