The purpose of these General Sales Conditions (“GSC”) is, on the one hand, to inform any persons concerned of the terms and conditions applied by the SPBI company, through its prestige division, when proposing for sale and subsequently delivering products under its prestige trademark (the “Products”), together with certain services ordered from the website http://boutique-prestige.com/ (the “Website”) and, on the other hand, to define the rights and obligations of the Parties concerned in the context of the sale of the Products on the Website.
I. APPLICATION AND DATE OF EFFECT
The GSC apply to the sales of all Products and the provision of all services on the Website, conducted between:
the company SPBI, S.A., with a share capital of 51,541,628 euros, listed in the Trade and Companies Register of La Roche-sur-Yon under Number 491 372 702, with its registered office located at Parc d’Activité de l’Eraudière, 34 Rue Eric Tabarly, 85170 – Dompierre-sur-Yon, France, and having a division named prestige, located at 32 Avenue des Sables, 85500 LES HERBIERS, France? directly or throughout its partners (the “Company”);
any natural person, or any natural or legal person, considered as “non-professional” according to the terms of current legislation (the “Consumer Customer”);
any legal person considered as “professional” according to the terms of current legislation, except for Dealer Customers (the “Professional Customer”),
any legal person acting as a distributor of boats and spare parts sold under the prestige trademark in accordance with the terms of a distribution agreement currently in force with the Company (the “Dealer Customer”),
Hereinafter collectively referred to as the “Customer(s)”.
The provisions of the GSC apply in their entirety to each Customer and shall take precedence in all circumstances over any other document. Notwithstanding the above, when reference is made to a “Consumer Customer”, “Professional Customer” or “Dealer Customer”, the provisions of the GSC concerned shall only apply to the corresponding category of Customer.
Any order placed for Products on the Website (hereinafter an “Order”), automatically implies acceptance by the Customer of the GSC, which are accessible on the Website.
The GSC take effect on 1st March 2021. Given that the GSC may be subject to subsequent modifications, it is specified that the version applicable to the Customer is that which is displayed on the Website on the date on which the Order is placed.
Exceptionally, Articles VII “DELIVERY”, VIII “CONSUMER CUSTOMERS’ RIGHT OF WITHDRAWAL” and IX “GUARANTEES” are not applicable to the digital content and the services offered in the “Services” section of the Website, such as the following (this list is not exhaustive): construction and gauge certificates, builder certificates, written statements of compliance, builders’ plates or plates provided by the Company, etc.
It is also specified that Article VIII “CONSUMER CUSTOMERS’ RIGHT OF WITHDRAWAL” is not applicable to Products built according to the Customer’s specifications or Products that are overtly personalised, and specifically to the Products in the “Personalisation” section of the Website, pursuant to Article 221-28 of the French Consumer Code.
II. REGISTRATION AND ACCESSING THE WEBSITE
II.1 – Registering on the Website
2.1.1 Consumer Customers and Professional Customers: To place an Order, Consumer Customers and Professional Customers must have registered on the Website beforehand by creating their customer account (their “Account”) containing their personal information and contact details. By registering on the Website, Consumer Customers represent and warrant, vis-à-vis the Company, that they are legally of adult age and that they have the legal capacity to enter into a contract. After registration, Consumer Customers and Professional Customers receive confirmation of their registration by electronic mail.
2.1.2 Dealer Customers: To place an Order, Dealer Customers must use the Account that the Company has created for them beforehand, containing the personal information and invoicing details relating to the Dealer concerned. The Account in question is accessible via the “Online Boutique” menu on the Website’s Professional Portal, which enables them to benefit from prices reserved for Dealer Customers.
II.2 – Accessing the Website
The subsequent placing of Orders will require Customers to have access to their Account on the Website.
Customers must ensure the accuracy and completeness of the data they provide on their Account, and notably ensure that their personal information is kept up to date. In particular, Customers must keep their invoicing address updated, especially if this is different from their delivery address.
The Company and its partners may not under any circumstances be held liable for any damages of whatever nature arising from any error in the data provided by the Customer, for example, in the event of an inability to deliver Products following the entering of an erroneous delivery address.
In the event of non-compliance with the above-mentioned provisions, the Company may, at its sole discretion, delete the Customer Account, at any time and for any reason.
The Products offered for sale are as described on the Website at the time the Customer visits the Website, subject to the limitations of available stock. This information is updated automatically in real time. Nevertheless, the Company or its partners shall not be held liable for any error in the updating of information, whatever its origin. In this respect, the Company or its partners shall not under any circumstances be held liable for the cancellation of an Order or of a Product due to the latter being out of stock.
Customers must be informed immediately of the non-availability of a Product that has been ordered. Customers then have the right to cancel their Order and obtain a subsequent reimbursement for their Order, at no cost and without delay, pursuant to Article VI “Prices and Payment Terms”.
IV.1 – Placing of Orders
The placing of Orders on the Website is subject to compliance with the procedure put in place by the Company on the Website, consisting of successive stages concluding with the confirmation of the Order, as specified below.
Customers may select as many Products as they wish, which will then be added to the basket (the “Basket”). The Basket assembles the Products selected by the Customer, together with the corresponding prices and expenses. Customers are free to modify the contents of the Basket before confirming their Order. Confirmation of the Order implies acceptance on the part of the Customer of the GSC, of the Products purchased, and of the corresponding prices and expenses.
Customers must pay for their Orders in accordance with the provisions of the Article VI “Prices and Conditions of Payment”.
An electronic mail confirming the details of the Order (Product(s), prices, Product availability, quantity, etc.) will be sent to the Customer. As such, Customers thus formally accept the use of an electronic mail by the Company to confirm the content of their Orders.
IV.2 – Processing the Order
The Company reserves the right to refuse to process any Order that does not comply with the conditions specified hereinabove.
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 item of information featuring on the Website. It is possible that the Company may be obliged to refuse to process an Order after sending the Customer an electronic mail to confirm the details of the Order. In this respect, the Company may not under any circumstances be held liable vis-à-vis the Customer for any detrimental consequences of the withdrawal of a Product from the Website, of the replacement or modification of any content or item of information featuring on the Website, or of the refusal to process an Order after the sending of a confirmatory electronic mail.
The Customer is then informed that the Company will carry out, directly or through its partners, the logistical procedures required to process the Orders and to send and deliver the Products that have been ordered.
V. PRICES AND CONDITIONS OF PAYMENT
The prices of the Products featuring on the Website are expressed in euros excluding taxes and in euros including taxes, i.e., including value added tax (VAT) but excluding delivery charges. Consumer and Professional Customers are charged prices including taxes. Once Dealer Customers have accessed their Account, they will be charged prices excluding taxes.
Delivery charges for Products are specified at the end of the Order, before the Order is confirmed.
Payment for the Orders placed by the Customer is made online after validation of the Order, using a bank card (Carte Bleue, Visa, etc.) to carry out a secure payment via the SSL protocol. The transfer of ownership of the Products will only take place after full payment of the price by the Customer, irrespective of the date on which they are delivered.
The Company reserves the right to revise its prices at any time. Nevertheless, Products will be invoiced on the basis of the prices in force at the time of payment and of registration of the Order, subject to their availability.
If a Product ordered is not available, the Customer will be informed of this fact by any of the methods available to the Company, and the Customer will be reimbursed via the method of payment initially used at the time of purchase, with no additional expense to the Customer.
Delivery is understood to occur from the moment that physical possession of the Products is transferred to the Customer (the “Delivery”).
Products may be delivered in mainland France, in Corsica, in French overseas departments and territories, or all over the world. The Delivery of Products is carried out by one or more of the Company’s service providers (“Carriers”), from Monday to Friday, depending on the option selected by the Customer on confirmation of the Order. The Delivery charges applicable to the Order are as displayed on the Website at the time of placing the Order, indicated in the section “my basket > choice of carrier”.
The Carrier dispatches the Orders within a maximum time period of seventy-two (72) hours, starting from the first working day after the confirmation of the Order.
Responsibility for the risk of loss or damage is transferred to the Customer at the moment of Delivery.
Before taking Delivery of the Order, the Customer is required to check the condition of the Products. In the event of any anomaly, the Customer must inform the Company of this fact pursuant to the terms of Article VIII “Guarantees”.
Delivery is carried out by the Carrier at the delivery address indicated by the Customer. The delivery address must be located in the same country as the invoice address. Notwithstanding the above, Dealer Customers may assign a delivery address in a country other than that of the invoice address on condition that they send prior notification to the Company’s Accounts Department at the following email address: email@example.com so that the usual administrative procedures can be carried out.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or if the Customer fails to accept delivery of its Orders from the Carrier, no new delivery will be made, and the Customer will be reimbursed within a maximum time period of fourteen (14) days starting from the receipt of the Order by the Company.
The Company may not be held liable for any delay in delivery not attributable to its actions or caused by a case of force majeure.
VII. CONSUMER CUSTOMERS’ RIGHT OF WITHDRAWAL
VII.1 – Time limit and procedure to follow for Consumer Customers to exercise their right of withdrawal
In accordance with the legal provisions in force, Consumer Customers benefit from a time limit of fourteen (14) days starting from the actual receipt of the Product in which to exercise their right of withdrawal, without needing to give a reason for exercising this right and without paying a penalty of any kind.
Consumer Customers may exercise their right of withdrawal by completing the Withdrawal Form included in Appendix 1 of these GSC and sending it by post to the following address: prestige Customer Relations Department, 32 Avenue des Sables, 85500 - Les Herbiers, France or by electronic mail to the following address: firstname.lastname@example.org.
Return charges paid by Consumer Customers in order to exercise their right of withdrawal are payable exclusively by the Consumer Customers and will not be reimbursed by the Company (except if the Product delivered to the Consumer Customer is different from the Product ordered or if it is delivered in a damaged condition). In addition, it should be noted that it is the Consumer Customer’s responsibility to provide proof that the Products have been returned.
Consumer Customers must dispatch the Order within fourteen (14) days at the latest following notification of their withdrawal decision, pursuant to Article L.221-23 of the French Consumer Code. Beyond this time limit of fourteen (14) days, the sale is deemed to be confirmed and final. Consequently, no reimbursement may take place in this case.
The Product must be returned in its original packaging, in its original condition and in its entirety (with all the accessories and documents provided).
VII.2 – Reimbursement of Products Returned by Consumer Customers
The reimbursement of the Order by the Company shall occur within fourteen (14) days at the latest after the receipt of the Order by the Company. In the event that the said right of withdrawal is exercised, the Company will reimburse Consumer Customers for the total price of the Products ordered (delivery charges excluded).
If Consumer Customers do not comply with the provisions of the present Article, the Company will not reimburse the Products concerned.
The following are excluded from the Guarantee: defects or deterioration caused by natural wear and tear or by the Customer’s own actions (particularly incorrect dismantling, poor maintenance, improper use, etc.), by the actions of a third party, or by an act of force majeure. Batteries are also expressly excluded from the Guarantee.
VII.3 – Guarantees Applicable to Consumer Customers
Subject to the confirmation by the Company of a non-conformity or of a latent defect, Consumer Customers benefit from the following legal guarantees:
- The Guarantee of Conformity (as per Articles L.217-4 et seq. of the French Consumer Code) ; and
- The Guarantee against Latent Defects (as per Articles 1641 et seq. of the French Civil Code).
To exercise their rights under the above legal guarantees, Consumer Customers must make a claim by post to the following address: prestige Customer Relations Department, 32 Avenue des Sables, 85500 - Les Herbiers, France or by electronic mail to the following address: email@example.com.
Consumer Customers must then follow the procedure indicated by the Company, in order to find a solution to remedy the latent defect or the non-conformity.
VII.4 – Guarantee Applicable to Professional Customers and Dealer Customers
A non-conformity or the presence of an obvious defect in a Product shall give rise to a claim sent by post to the following address: prestige Customer Relations Department, 32 Avenue des Sables, 85500 - Les Herbiers, France or by electronic mail to the following address: firstname.lastname@example.org, within five (5) days after the Delivery of the Order.
IX. ACCESSIBILITY OF THE WEBSITE
The Website belongs to the Company and is managed by a service provider to the Company. The Website is accessible to all Internet users, in principle on a 24/7 basis, subject to its interruption, planned or otherwise, by the Company or its partners, particularly for the requirements of maintenance and/or safety in the event of an act of force majeure. The Company and its partners shall not under any circumstances be held liable for any prejudice of any kind whatsoever arising from the non-availability of the Website.
X. PROCESSING OF PERSONAL DATA
VII.5 – Applicable regulations
Customers are hereby notified, and accept, that their personal data will be collected from the Website and used by the Company acting in its capacity as Data Controller, according to the terms of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation - “GDPR”).
VII.6 – Processing of personal data
Customers’ personal data, such as their identity, postal address, telephone number and email address, are used exclusively with their consent.
It is mandatory to provide the details marked with an asterisk in the forms on the Website in order to enable Customers’ requests and Orders to be processed. If these details are not provided, Customers’ requests and Orders will not be able to be processed.
The data recorded is reserved for use by the Company’s internal departments, and especially the Communication and Marketing, After-Sales and Customer Relations departments.
Personal data may also be made accessible to the Company’s service providers (especially for the purposes of hosting the Website). In this case, Customers’ personal data may only be notified to third parties for the purposes envisaged in the present informative notice or subject to receiving your consent. Service providers act in accordance with the Company’s instructions, and are required to put in place appropriate measures to protect personal data.
Customers’ personal data are collected for the following purposes:
- Managing Orders and Customer Relations;
- Notifying Customers of sales offers and information relating to the Company;
- Reinforcing and enhancing communication about the Website and the Company, especially by sending newsletters and special offers in accordance with Customers’ preferences identified through the Website;
- Enhancing and personalising the services offered to Customers;
- Complying with legal and regulatory obligations.
Customers’ personal data are conserved:
- If no Order is placed by the Customer: for a period of three (3) years;
- If the Customer places an Order: for a period of time corresponding to the duration of the Product guarantee, to which must be added the applicable period of legal prescription, i.e., five (5) years for claims of contractual or extra-contractual civil liability, excluding personal injury.
- for a period of thirteen (13) months starting from their introduction/creation (in the case of cookies).
VII.7 – Exercising of rights relating to personal data
In accordance with the GDPR, Customers benefit from:
- a right of access, rectification, erasure and portability of the personal data concerning them;
- a right of restriction and objection to the processing of their personal data for legitimate reasons;
- the possibility of issuing instructions to the Company to organise what action should be taken for their personal data (conservation, erasure, communication to third parties, etc.) after their death;
(The above together form the “Information Technology Rights and Freedoms”).
In order to exercise one or more Information Technology Rights and Freedoms, Customers must act as follows:
- Send a request by electronic mail to email@example.com; or
- Write to the following address, indicating their first name, surname, email address and preferences: prestige Communications Department, 32 Avenue des Sables, 85500 - Les Herbiers, France.
Each request to exercise Information Technology Rights and Freedoms must be signed and accompanied by the photocopy of an identity document bearing the Customer’s signature and specifying the address to which the Company should reply. The reply to the request exercised on the basis of one or more Information Technology Rights and Freedoms will be addressed within a maximum time limit of two (2) months starting from the receipt of the request by the Company.
The Customer also benefits from a right of appeal to a national regulatory authority such as the French National Commission for Information Technology Rights and Freedoms in the event of any breach of the regulations applicable in terms of the protection of personal data, and specifically the GDPR.
Customers may, moreover, unsubscribe at any time from newsletters or any other communication sent by the Company by clicking on the unsubscribe link included in each newsletter, etc.
When visiting this Website, certain items of information relating to Customers’ browsing habits are likely to be recorded in files called “Cookies” installed on their terminals (computers, tablets, mobile phones or any other device enhanced so as to use the Internet). These cookies are issued by the Company in order to better meet the Customers’ expectations and improve their online experience.
XI.1 - What is a cookie?
A cookie is a text file that, via your browser, is placed in a dedicated space on the hard disk of Customers’ terminals during their visits to a website or when consulting an advertisement. It contains several items of personal information, and specifically the name of the server that placed it there (i.e., the server of the website that you are visiting), a username in the form of a single number and possibly an expiry date for the cookie concerned.
Cookies enable their issuer to recognise the Customers’ terminals in which they are registered, to collect data related to their browsing on websites and to propose personalised services to them. Cookies do not contain any information that identifies the Customer personally and which only the issuer of the cookies can read or modify in terms of the information contained in them.
XI.2 - Cookies issued on the Website
- Cookies that are “indispensable” to the operation of the Website: they make it possible to memorise the information collected from forms, to manage and secure access to reserved areas (subscription or access to the Account, the service requested, the content of an Order basket, etc.);
- “Functional cookies”: these make it possible to adapt the presentation of the Website to the display preferences of your terminal (language used, display resolution, etc.) and thus to personalise access to the Website;
- “Analytical cookies” (or “audience measurement cookies”): these gather traffic data anonymously so as to determine statistics and frequentation volumes (the number of visits, pages viewed, etc.) and also to learn the use of the different elements making up the present Website (sections and pages browsed, etc.) so as to enable the Company to monitor and enhance the quality of its services. In addition, this Website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”) and which enables the Company to analyse the use of the Website by its Clients;
- “Social cookies”: these enable Customers to interact with the social media modules on the Website (Facebook, Twitter, etc.);
- “Retargeting cookies”: they make it possible to memorise Customers’ data and to recognise them on another website that partially markets a similar advertising inventory.
XI.3 - The management of cookies by Customers
Customers may control and manage the installation of these cookies on their terminal by adjusting their browser settings.
It is thus possible to set the browser in such a way as to accept or reject all cookies either systematically or according to their issuer. It is also possible for Customers to choose to be automatically informed when a cookie is registered on their terminal.
In order to benefit from greater control in terms of management of cookies, Customers may set their browser in such a way that the acceptance or refusal of cookies is occasionally proposed, before a cookie is likely to be placed on its hard disk by the server of the website that the Customer visits.
XII. DISPUTES – APPLICABLE LAW AND COMPETENT JURISDICTION
The GSC are subject to French law.
In the event of a dispute concerning the application of these GSC, Customers may initially send the Company's customer relations department a substantiated claim seeking an amicable solution, by electronic mail to: prestige Customer Relations Department, 32 Avenue des Sables, 85500 - Les Herbiers, France, or by electronic mail to the following address: firstname.lastname@example.org.
In the event of a claim that is not resolved amicably by the Customer relations department, and pursuant to Article L.612-1 of the French Consumer Code, Consumer Customers may use, free of charge, the CM2C mediation service, of which SPBI is a member:
- By filling in the online form: Centre de la Médiation de la Consommation de Conciliateurs de Justice (cm2c.net)
- By electronic means: email@example.com ; or
- By post: CM2C - 14 rue Saint Jean - 75017 Paris
The mediator service may also be applied to any consumer dispute, which has apparently not been resolved.
In the absence of any amicable resolution between the Customer and the Company, any dispute relating to the interpretation of these GSC or to the execution or cancellation of a sale shall be subjected to the competence of the French courts.
XIII. PROTECTION OF TRADEMARKS
The Company is the exclusive owner of the intellectual property rights for the following items (this list is not exhaustive):
- For the Products proposed on the Website;
- For the trademarks associated with the Products;
- For the names, acronyms, logos, colours, images or other signs that may belong to, or be used, created or put into practice by the Company.
The Company is also the exclusive owner of the domain name “boutique.prestige-yachts.com”.
It is consequently prohibited to reproduce, under any form whatsoever, directly or indirectly, the items envisaged under the present Article, or to alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs featuring among the items made available on the website, and more generally, to use or exploit these items other than in the context of the execution of these GSC.
To this end, the reproduction or use of all or part of these items is only authorised for personal and private use, any reproduction or use of copies made for other purposes being strictly prohibited. APPENDIX 1 – WITHDRAWAL FORM FOR PRODUCTS PURCHASED ON THE BOUTIQUE-PRESTIGE-YACHTS.COM WEBSITE
If you wish to exercise your right of withdrawal, please complete this form and:
Ordered on ……..…………….. (date of the Order) and received on ……..…………….. (date of the delivery).
I hereby notify you of my withdrawal from the contract for the sale of the following Product(s):
size / color of the product
Full name of the Consumer Customer: ……..……………..……..……………..……..……………..
Address of the Consumer Customer: ……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………..……..……………………..
Signature of the Consumer Customer (only if this form is sent in paper format):