I. GENERAL INFORMATION
This Website is published by:
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-YACHTS, located at 32 Avenue des Sables - 85500 LES HERBIERS, France (the “Company”);
The company NET CONCEPT, S.A.R.L., a French limited-liability company with a share capital of 26,976 euros, listed in the Trade and Companies Register of Angers under Number 409 554 219, with its registered office located at 9 Rue James Watt, 49070 – Beaucouze, France.
Access to and use of this Website are subject to the legal notices specified hereafter and to all applicable laws and/or regulations. Access and entry to the website www.boutique-prestige-yachts.com (the “Website”) implies full and unreserved acceptance by internet users of all the provisions of these legal notices, which they must consult each time they access the Website.
The Company reserves the right to modify or correct these legal notices, at any time and without prior warning, especially in the event of a change in current legislation with a view to ensuring they remain in conformity with the said legislation.
II. THE PURPOSE OF THE WEBSITE
This Website belongs to the Company and is dedicated to the Products produced under the trademark PRESTIGE-YACHTS:
The purpose of the Website is to offer the following products and services for sale: men’s clothing, women’s clothing, lifestyle accessories, household linen, miniature models of boats, insignia, POS displays, flags, PRESTIGE-YACHTS merchandising for dealers, republishing services for administrative documents, and event provision services.
III. ACCESS TO THE WEBSITE
The Website belongs to the Company and is managed by a service provider to the Company. The Website can be accessed by 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.
IV. PROCESSING OF PERSONAL DATA
IV.1 – Applicable regulations
You are hereby notified, and accept, that your 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”).
IV.2 – Processing of personal data
Your personal data, such as your identity, postal address, telephone number and email address, are used exclusively with your consent.
It is mandatory to provide the details marked with an asterisk in the forms on the Website in order to enable your requests and Orders to be processed. If these details are not provided, your requests and Orders will not be able to be processed.
Your recorded personal data is reserved for use by the Company’s internal departments, and especially the Communication and Marketing, After-Sales and Customer Relations departments.
Your personal data may also be made accessible to the Company’s service providers (especially for the purposes of hosting the Website) or the Company's partners (in particular for the purposes of managing orders on the Website). In this case, your 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 and partners act in accordance with the Company’s instructions, and are required to put in place appropriate measures to protect personal data.
Your personal data are collected for the following purposes:
- Managing Orders and relations with Customers of the Website;
- 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 proposed to Customers;
- Complying with legal and regulatory obligations.
Your personal data are conserved as follows:
- 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 event of cookies).
IV.3 – Exercising of rights relating to personal data
In accordance with the GDPR, you benefit from:
- a right of access, rectification, erasure and portability of your personal data;
- a right of restriction and objection to the processing of your personal data for legitimate reasons;
- the possibility of issuing instructions to the Company to organise what action should be taken for your personal data (conservation, erasure, communication to third parties, etc.) after your death;
(The above together form the “Information Technology Rights and Freedoms”).
In order to exercise one or more Information Technology Rights and Freedoms, you must act as follows:
- Send a request by electronic mail to email@example.com; or
- Write to the following address, indicating your full name, email address and personal preferences: PRESTIGE-YACHTS 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 your 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.
You also benefit 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.
You 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 your browsing habits are likely to be recorded in files called “Cookies” installed on your terminal (computer, tablet, mobile phone or any other device enhanced so as to use the Internet). These cookies are issued by the Company in order to better meet your expectations and improve your online experience.
V.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 your terminal during your 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.
V.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 your use of the Website;
- “Social cookies”: these enable you to interact with the social media modules on the Website (Facebook, Twitter, etc.);
- “Retargeting cookies”: they make it possible to memorise your data and to recognise you on another website that partially markets a similar advertising inventory.
V.3 - The management of cookies by Customers
You may control and manage the installation of these cookies on your terminal by adjusting your 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 you to choose to be automatically informed when a cookie is registered on your 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 the 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.
It is therefore recommended that Customers adjust their browser settings to suit their needs.
To the extent that all browsers are different, it is the responsibility of Customers to consult the “Help” menu of their browser in order to learn how to adjust the settings related to cookies.
Customers will find below more detailed information about how to proceed with adjustment of these settings for the most frequently used browsers:
- Internet Explorer: http://support.microsoft.com/kb/278835
- Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=fr
- Firefox: https://support.mozilla.org/fr/kb/autoriser-bloquer-cookies-preferences-sites
- Safari: http://support.apple.com/kb/PH5042
VI. LIMITATION OF LIABILITY
As a user of the Website, you acknowledge that you have the capacity and technical means required to access and use this Website.
You acknowledge having checked that your computer system is free from viruses and that it is in perfect working condition. You must also have taken cognisance of the present legal notices and undertake to comply with their terms.
You use the Website entirely at your own risk. SPBI may not be held liable for any direct or indirect damages, such as, but not limited to, physical damage, the loss of data or of a programme or financial loss, arising from the use of this Website or of the websites that are linked to it.
In your use of the Website, you undertake not to perform any manoeuvre likely to lead to breakdowns in IT systems, operational breakdowns or breakdowns of any kind affecting the functioning of the Website or of any server or service accessible via the Website.
You specifically undertake only to make available, in the space constituted by the Website, information, data, documents or files that are reliable, harmless and not likely to affect the functioning of the Website or of any server or service accessible via the Website.
In your use of the Website or of any server or service accessible via the Website, you make the following undertakings:
- To comply with both national and international laws and regulations currently in force, together with the rights of third parties.
- Not to bring prejudice to the image of SPBI in any way and of any kind whatsoever.
The Company may not under any circumstances be held liable for any damage resulting from access by an Internet user to the Website and/or from the use of the Website, or from the impossibility of accessing it.
VIII. INTELLECTUAL PROPERTY
VIII.1 - Copyright
This Website is a work of which the Company is the Author pursuant to Articles L.111.1 et seq. of the French Intellectual Property Code.
This Website has been designed and created by the company HEGYD.
The texts, photographs, animated images, drawings, sounds and other works that it contains are the exclusive property of the Company.
Any reproduction, direct or indirect, temporary or permanent, by any means and in any form whatsoever, wholly or partially, and any representation, use or modification, even partial, of this Website are prohibited. Such acts constitute the criminal offence of counterfeiting, punishable by three years of imprisonment and a fine of 300,000 euros (under the French Intellectual Property Code, Article L 716-10).
VIII.2 – Trademark rights
The Prestige-Yachts brand names and semi-figurative trademarks have been registered by the Company and remain its exclusive property.
The reproduction, use, imitation, affixing, erasure or modification of these trademarks without the prior authorisation of SPBI or its owners, are acts that constitute the criminal offence of counterfeiting, punishable by three years of imprisonment and a fine of 300,000 euros (under the French Intellectual Property Code, Article L 716-10).
VIII.3 – Copyright - Photographic credits
The photographs belong to the Boutique.
IX. HYPERLINKS AND REFERENCING
The Website may contain hyperlinks leading to other websites totally independent from the present Website. The Company neither suggests nor guarantees in any way whatsoever that the information contained in such hyperlinks or in any website to which they form a link may be accurate, complete or truthful.
Consequently, any access to another website linked to this Website is carried out at your own risk.
Any creation of a hyperlink to the present Website and any referencing of the present Website is prohibited without the express written authorisation of the Company.
X. APPLICABLE LAW
The Website and the present Legal Notices are subject to French law.