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General Terms and Conditions of Sale

The Yachtingadress.com website is an aggregator of professional nautical advertisements.

Its purpose is to enable professionals, either individuals or legal entities whose professional activity is the sale of boats, to connect with individuals interested in acquiring a new or used boat. For these potential buyers, it offers the widest possible selection of such goods for sale.

To this end, we collaborate exclusively with professionals offering the most reputable brands in the sector for both motorboats, sailboats, and catamarans, both new and used. These include the most prestigious names in the industry, such as BENETEAU, JEANNEAU, SUNSEEKER, and FERETTI, ensuring quality and innovation.

Our catalog of used boat listings is rigorously selected to offer only boats presented by professional brokers. All brokers on this site are experienced and there to guide future buyers through every step of their vessel purchase.

With in-depth knowledge of the nautical market and an international network, they provide tailored support, from selecting your yacht to finalizing the sale.

Our involvement is expressly limited to connecting these brokers with future buyers without participating in any way in the finalization of the transaction, which is the responsibility of the brokers.

Using our site implies full acceptance by its users of the general conditions detailed below. We reserve the right to unilaterally modify these conditions of sale, with such modifications only applying post-publication on the site. For clarity and transparency, we will indicate on the site the existence of one or more changes to the GTC, allowing you to check the conditions under which you can use this website.

These General Terms and Conditions of Sale (GTC) are an integral part of the contract binding the site and its users. They are legally binding and must be fully adhered to.

ARTICLE 01 – LAWS & REGULATIONS

The Yachtingadress.com site belongs to the Monegasque group DUNE GESTION, with its registered office at 28, Bd Princesse Charlotte - CATS - 98000 Monaco.

Users of the site agree to comply with the laws and regulations in force in the Principality of Monaco, in the country where the boat subject to the future transaction is located, and in their own country.

Relations between site users and DUNE GESTION are governed by Monegasque laws.

ARTICLE 02 – PURPOSE OF THE GTC

This document aims to define the terms and conditions applicable to the Services acquired by the Client and the rights and obligations of the site's users.

The Provider grants the site's users, who accept, the right to access the content of the Yachtingadress.com site under the conditions defined below.

ARTICLE 03 – MODE OF OPERATION

The SELLER (professional offering one or more listings) and the BUYER searching for a good to acquire can connect at any time, every day of the year (including holidays) from any computer, tablet, or smartphone.

Professionals will receive direct inquiries from potential buyers via the contact points they have indicated (email or phone).

Upon request, they can have secure access to the site to manage their boats with a username and password.

In this case, they are solely responsible for maintaining the confidentiality of their password. Yachtingadress.com cannot be held liable if a third party accesses the site using a poorly protected or voluntarily shared password. If the user suspects that a third party is using or attempting to use their username or password, they can change it themselves or request a modification of their username.

ARTICLE 04 - RELIABILITY OF LISTINGS POSTED ON THE SITE

The site works with brokers recognized for their professional reputation; these brokers are solely responsible for the information provided on the site, whether technical data regarding the characteristics of the boats (size, surface, engine type, age, etc.) or other essential indications for a future transaction (financial, etc.).

As specified in article 11, the site cannot be held responsible for what happens after the potential buyer and the broker are put in contact, each party must carry out the necessary checks on their side.

ARTICLE 05 – RESPONSIBILITY FOR THE DRAFTING OF THE AD

Only professional brokers posting an ad on Yachtingadress.com are responsible for the accuracy of the information contained in their ads, for which they remain legally responsible.

Once the connection between the individual and the advertiser has been made, Yachtingadress.com no longer intervenes in this relationship and cannot be held responsible for anything in the said relationship that could cause harm to either party.

ARTICLE 06 - BROKER OBLIGATIONS

Brokers using this site must have their subscription up to date, with payment made before any use of the site via secure payment.

To access the site, brokers can either:

  • Use third-party software through which information flows between them and the Yachtingadress.com site without direct access to the site.
  • Have direct access, for which they will receive a fixed username and a password (which they can later change). They must ensure that these essential access credentials are not accessible to others who could log in using them, as they would bear all the consequences of such illegal intrusion.

Any started month is fully due and will not be refunded.

Brokers, as sales professionals, commit to providing Yachtingadress.com with complete proof of their identity and professional status before posting their first ad.

The ads proposed on the site must be clear, complete, precise, and honest. Brokers can regularly modify their ads, and these changes must be made to the ad within a maximum of 24 hours after they are communicated to the site.

Ads that have expired due to the sale of the item or its withdrawal by the owner must be removed from the site within 24 hours. They will, however, be kept and archived for traceability of all operations on the site.

Brokers guarantee that they have all the necessary documents to verify, if necessary, that they have the rights to act on the Yachtingadress.com site, and, in particular, they must ensure they have a mandate to sell the item at the price proposed on the site.

They must also ensure that they have all the necessary rights to use the content posted at their request (rights to use photos, logos, etc.) and that this content complies with all their obligations as well as these general conditions.

Yachtingadress.com cannot be held responsible for brokers' behavior, whether in cases of copyright, trademark, trade secret, patent violations, or any other claims or disputes between a broker and a third party, whether contractual or tortious.

Brokers will conduct all negotiations to reach a sale without the site ever intervening in the negotiations.

Brokers commit to handling contacts made by potential buyers through Yachtingadress.com as promptly as possible.

Brokers aware of fraud attempts (e.g., phishing) commit to informing the site's managers immediately so that necessary measures can be taken to address these attempts to misuse the site. Failure to respond to an intrusion could result in liability if the use of your username and password causes harm to the site or one or more third parties.

In case of non-compliance with these general conditions, or behavior not aligned with the company's values in handling potential buyers' requests, the site reserves the right to remove one, several, or all of a broker's ads from the site.

ARTICLE 07 - RIGHTS OF YACHTINGADRESS.COM

If deemed necessary, the site's manager may request the broker to complete or clarify their ad, and the broker must respond to this request within 24 business hours, failing which the ad may be removed from the site.

ARTICLE 08 - RIGHTS & OBLIGATIONS OF VISITORS

It is reminded that the company managing Yachtingadress.com is in no way responsible for the ad placed by the broker or the subsequent relations between the broker and the potential buyer. The company simply facilitates contact between a seller and a potential buyer via the Yachtingadress.com site, and its involvement is limited to this connection.

Individuals visiting the site are invited to report any errors or inaccuracies they may discover in an ad they have consulted to the company operating the site. The same applies to ads that turn out to be outdated and have not been removed from the site in time, as well as any specific difficulties in dealing with the seller (long response times, no response, final offer not matching the ad, etc.).

ARTICLE 09 – PROTECTION OF PERSONAL DATA

Any personal information that Yachtingadress.com may receive for any reason will remain confidential within the DUNE GESTION group and will not be communicated to anyone outside the group, except in cases where such communication is legally required.

ARTICLE 10 – TECHNICAL INCIDENTS / FORCE MAJEURE

Yachtingadress.com has state-of-the-art computer equipment and dedicated staff for daily site maintenance.

However, a technical issue preventing site users from accessing its functionalities may arise for reasons beyond the site's management control (telecommunication operators, EDF network, etc.), and unforeseen events may occur (fire, equipment failures, postal service strikes, or operator staff strikes).

These technical incidents, the nature of which will be communicated to users, will not result in any compensation or reimbursement. However, if these incidents render the site unavailable for more than 48 hours, users' rights will be extended by the duration of the site's unavailability.

Interruptions due to regular maintenance operations (at times that least inconvenience users) will not result in compensation for users.

ARTICLE 11 – LIMITATIONS OF THE COMPANY'S LIABILITY

Yachtingadress.com's purpose is solely to connect sellers of nautical goods with potential buyers.

The course and content of negotiations between the parties after this connection do not involve the company, which is not a party to these negotiations.

The same applies to all direct or indirect, immediate or non-immediate consequences of these negotiations. Yachtingadress.com cannot be held liable for any such consequences, regardless of the harm invoked by either party. Each potential buyer must verify the conformity of the technical information provided by the seller with the actual situation of the item for sale, and each seller must verify the potential buyer's solvency.

Similarly, the financial conditions of the acquisition, guarantees provided by either party, or any other reason causing harm to one party cannot involve Yachtingadress.com. The seller and the buyer negotiate directly the acquisition conditions of the item.

Finally, this also applies to any advertising on the site and links associated with these ads. Users of the site are encouraged to exercise extreme caution, as the publishing company cannot guarantee the accuracy and sincerity of these ads and the sites that may be opened by these links.

ARTICLE 12 – INTELLECTUAL PROPERTY

The DUNE GESTION company, the publisher of Yachtingadress.com, is the sole owner of all intellectual property rights related to this site: information, text, graphics, images, audio, videos, logos, design, software, trademarks, service marks, presentation, trade names, ad writing and layout, photos/drawings (if not provided by the broker), presentation mode, source code.

Any reproduction, in whole or in part, of the Yachtingadress.com site or any part of it, for any use other than private, will result in prosecution.

ARTICLE 13 – COMMUNICATION REGARDING THE SITE

Users may mention the existence of our site in blogs or on social media, provided they do not disclose information found on the site.

They may provide feedback, either directly on the site or on other sites, as long as this feedback is neither insulting nor false.

ARTICLE 14 – DATA PROTECTION

Certain information collected on Yachtingadress.com is automatically recorded in designated files. This information is not intended for resale but may be used within the DUNE group to offer you potential new services.

The site user has the right to correct the stored information concerning them. They simply need to contact the site to present their request.

ARTICLE 15 – INSURANCE

Yachtingadress.com has all necessary insurance to cover risks related to its activity.

ARTICLE 16 – CONFIDENTIALITY

Yachtingadress.com commits to maintaining the confidentiality of all information transmitted to it by its users in the course of its activities. Similarly, users of the site commit to ensuring that all information received through the site remains confidential. This mutual confidentiality obligation also applies to information exchanged between brokers and potential buyers after their connection through Yachtingadress.com.

This mutual confidentiality obligation will remain in force throughout the contractual relationship between the site and the user and for the following five years.

ARTICLE 17 – DISPUTES

These General Terms and Conditions of Sale are governed by Monegasque law. You therefore agree that any disputes arising from the use of the Yachtingadress.com site will be governed by Monegasque law. Any disputes concerning the use of the site and the interpretation or execution of these terms will fall under the jurisdiction of Monegasque courts.

If any provision of these General Terms and Conditions of Sale is legally contested and subsequently annulled, all other provisions will remain in force.