Terms of service
TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES
These are the General Terms and Conditions of Use (“GTCU”) on which we, Band of Boats, supply the Platform and associated services to you, whether free of charge or against payment. Please read these terms carefully before you use the Platform. These terms set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. If there is any term that you do not understand then please discuss it with us before using the Platform and/or our services.
You can contact us by telephoning our customer service team at +44 20 3445 5749 or by writing to us by email at email@example.com or postal address at Band of Boats 6 rue René Viviani, Immeuble Kanoa, 44200 Nantes, France.
- Account: personal account that the User creates on the Platform
- Boat Purchase/Sale Services: services that connect buyers and sellers of pre-owned boats
- BoB Services: all services accessible via the Platform and provided by BoB, excluding Partner Services. BoB Services specifically include Pricing Services and Boat Purchase/Sale Services
- BoB: the company, Band of Boats. Complete information about BoB may be found at www.bandofboats.com/fr/page/mentions-legales .
- Business User(s): a User who uses the Services in connection with a business activity related to the purchase/sale of boats, whether or not this User is a Registered User
- GTCU: these General Terms and Conditions of Use of the Platform and the Services
- Individual User(s): a User who uses the Services for non-business purposes, whether or not s/he is a Registered User
- Partner(s): individually or jointly, the entities in charge of the Partner Services
- Platform: all or part of the site accessible at https://www.bandofboats.com .
- Pricing Services: services related to assessing the value of a boat via the Platform
- Registered User(s): any User who has an Account
- Services: all or part of the services accessible via the Platform, including BoB Services and Partner Services
- User(s): any person accessing the Platform and/or using all or part of the Services
3. Create an Account
To create an Account, a User must identify him/herself as an Individual User or a Business User:
- Individual Users must confirm that they are over 18 years' old;
- Business Users undertake to provide accurate, exact and complete information needed to identify their business entity.
In general, the User warrants the accuracy of all of the information that s/he provides. The User further undertakes to inform BoB immediately if this information changes and to update his/her account.
Any inaccurate information, particularly with regard to the age of an Individual User or the business nature of a Business User, shall be considered a serious breach of the GTCU and shall give BoB the right to suspend or cancel the Account of the User in question under the terms of the article, “Deregistration – suspension – deletion of Account.”
At the time of registration, the User will be asked to create a username and a password:
- Individual Users will receive an Account activation link via email to complete their registration;
- Registration requests from Business Users will be transmitted to BoB for prior approval and their account will be activated directly by BoB.
Registration of a Business User BoB may reject the registration of a Business User for any reason that BoB deems legitimate, without justifying that decision. Such refusal shall not create any right of recourse or compensation.
4. Editorial content and online recommendations
Because BoB operates simply as a technical intermediary providing the Platform, no prior review is performed of content that Users publish.
Consequently, the User is solely responsible for the content published on the Platform, specifically via his/her Account, the advertisements that he/she publishes, and the online recommendations regarding sellers or buyers of boats.
The User is prohibited from publishing on the Platform, specifically via his/her Account, advertisements and/or online recommendations and any content that is irrelevant, offensive, defamatory or illegal or that violates reasonable / commonly accepted standards of behaviour or infringes the rights of any third party, specifically in terms of intellectual property. Business Users shall indemnify and hold harmless BoB against all losses, damages, costs, charges, expenses and other liabilities suffered or incurred by BoB arising out of or in connection with any legal action and/or third-party claims arising as a result of or in connection with a breach of this provision.
Any content reported to BoB as illegal, inappropriate, irrelevant or, simply, contrary to the GTCU may : be deleted by BoB in its sole discretion without notice or compensation to the User; and/or reported by BoB in its sole discretion to relevant regulatory and law enforcement authorities.
Every User is encouraged to notify BoB of any content he/she considers to be improper or illegal by using the icon on the Platform provided for that purpose.
Recommendations posted online do not generate any consideration whatsoever.
The order in which recommendations appear on the Platform corresponds to their posting date.
5. Private messaging
- NOT AVAILABLE
6. Terms and conditions of use of the Services
The User may access the BoB Services and the Partner Services via the Platform.
Most BoB Services accessible via the Platform are free of charge.
However, BoB has established a secure payment system for the User, accessible via his/her Account, for BoB Services provided against payment (including pricing requests).
If a User is to be reimbursed for a given Service, the User's bank card will be credited. The Platform does not offer an electronic wallet or asset portfolio system.
7. Right of withdrawal
The BoB Services offered against payment and accessible to Individual Users (pricing requests) are performed instantaneously after the User validates the order.
Under these terms and conditions, the Individual User expressly waives his/her right of withdrawal pursuant to the provisions of Articles L221-28 of the French Consumer Code.
The procedures for exercising the right of withdrawal for Partner Services are specified in the general terms and conditions applicable to each of the relevant Services, as this right is exercised directly with the Partners concerned.
The User may delete his/her Account at any time using the option available for that purpose on his/her Account. In that regard, the User is informed that all of the information accessible via the Account will be deleted and that certain Services will no longer be accessible.
If the Account is inactive for an uninterrupted period of six (6) years, BoB will so notify the User via his/her personal email address. The User will have thirty (30) days within which to reconnect if he/she chooses to do so. Otherwise, BoB reserves the right to delete the User Account concerned.
If a User fails to comply with the GTCU, specifically the articles pertaining to “editorial content" and "intellectual property,” or if the Platform is used for business purposes by a User registered as an Individual User, BoB reserves the right to suspend or delete the User's Account with advance notice of thirty (30) days.
9. Technical prerequisites, security and internet use
Although the Platform is optimized for use on most devices and the most popular browsers, BoB does not guarantee that the Platform will operate properly on the User's specific equipment.
The User is informed of the risks and technical difficulties inherent to the internet and information technology in general, which are beyond the control or the actions of BoB and which may result, specifically, in:
- the inability to access the Platform, delays in accessing the Platform, or software or hardware incompatibilities;
- losses, theft or contamination of data, particularly as a result of a virus.
Every User should take all appropriate measures to protect his/her own data, user name and password, to keep his/her system, browser and antivirus software up-to-date, and to notify BoB immediately if he/she suspects that a third party has used his/her user name and password fraudulently.
The User undertakes not to perform technical operations that could harm the integrity, security or availability of the Platform and, specifically, not to study the source code or perform reverse engineering.
BoB shall not be held liable, in any way, for the risks and difficulties specified above and for their consequences for the User.
The User is informed that BoB may suspend the Platform, or some of its functions, temporarily for maintenance. BoB will take all appropriate measures to notify Users in advance and will seek to resolve problems as soon as possible.
- BoB Services:
With the exception of the blog, BoB provides the Platform and the BoB Services in its capacity as a host within the meaning of Articles 6.I.2 et seq. of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.
To the extent permitted by applicable law, BoB shall not be liable for any : loss of earnings or profits; loss of or damage to data or property, including the costs of recovery, reproduction or repairs for such losses resulting from the use of the Platform and BoB Services (in each caser whether direct or indirect); or for any indirect, incidental, special or consequential loss or damage, in each case whether foreseeable or unforeseeable, that the User or a third party may suffer or incur.
BoB shall not be liable in the event of damages caused by a User or a third party, including the Partners, or in the case of force majeure, understood as meaning any event recognized as such by French or any other applicable local law and jurisprudence, as well as any blockage or slowing of the electricity and/or telecommunications networks.
BoB shall only be liable for loss or damage suffered that is a foreseeable result of BoB's breach of these GTCU or BoB's negligence. Loss or damage is foreseeable if it is an obvious consequence of BoB's breach or if they were contemplated by the relevant Individual User and by BoB at the time the Individual User accepted these GTCU. BoB's total liability to Users shall be limited to the amount of the BoB Service provided against payment that caused the damage, in the event of damages that occurred on that occasion, or to the maximum fixed amount of 50 euros if the damages occurred on the occasion of a BoB Service provided free of charge.
11. Personal data
The information gathered via the Platform regarding Individual Users or natural persons representing Business Users will be processed by BoB, the party responsible for processing, for the purposes of delivering the Services, Account management, continuing improvement of the Platform and learning more about boat users in general. This processing is based on the legitimate interest of BoB in connection with the management of its relationships with clients and prospects.
The information marked with an asterisk on the forms is required in order to process requests from Users. If this information is not provided, the request cannot be processed.
The data gathered are transmitted internally to the customer relations department, the marketing/business department and the communications department of BoB. Subject to the User's prior approval, this data may also be transmitted to the Partners, who may propose commercial offers and Partner Services which the Partners are also responsible for processing, as well as to business partners. When the entities concerned are located outside of the European Union, model contract clauses that comply with European Union models have been entered into between stakeholders.
The User's data is also accessible to BoB sub-contractors (specifically, for Platform hosting purposes), who act in accordance with BoB's instructions and are required to implement appropriate personal data protection measures.
Information regarding the User is stored:
- for three (3) years as of the date it is collected, if an Account is not created;
- if an Account is created, throughout the period that this Account is active, it being specified that BoB may delete Accounts that are inactive for an uninterrupted period of six (6) years under the conditions set forth in the article, “Deregistration/deletion/suspension,” and then retained in semi-current archives for the legal time period applicable (five (5) years).
- for 13 months following the debit date in the case of payment by bank card involving banking data; and,
- for cookies, for 13 months following the date on which they were established/created.
In accordance with applicable regulation on the protection of personal data, the User:
- has rights of access, correction, erasure, restriction, opposition and portability of information concerning him/her;
- may transmit instructions to BoB regarding the use of data concerning him/her (including preservation, erasure and communication to a third party) in the event of his/her death.
These rights may be exercised by writing to the following email address: firstname.lastname@example.org
However, the User is informed that his/her challenge or request to restrict or erase may, in practice and on a case-by-case basis, have an impact certain requests or prevent certain requests from being acted upon or certain Services from being performed.
The User also has the right to submit a complaint to a national control authority, such as the National Commission for Data Protection and Civil Liberties (CNIL), in the case of a violation of regulations dealing with the protection of personal data and, specifically, European Regulation No. 2016-679.
12. Intellectual property
The Platform constitutes a work protected by copyright and is the full property of BoB.
The databases, specifically of advertisements of boats accessible via the Platform, are also the property of BoB in its capacity as the producer of the database.
Nothing in these GTCU grants any User any legal rights in any intellectual property in our Platform, Services or databases other than as necessary to enable the User to access or use the Platform, and receive the Services.
With the exception, if necessary, of the content of the advertisements, the sailing CV, the recommendations and, specifically, the photos that Users place online, BoB retains full ownership of , and all right, title and interest in and to, all the information that comprises the Platform and, specifically, the interfaces, photographs, graphic or text elements that appear there. No element of the Platform may be used, reproduced, represented, distributed, decompiled, indexed or copied, via any technical method, without the prior written approval of BoB.
Without the prior written approval of BoB, the User is prohibited from creating and distributing hypertext links redirecting from third-party sites to the Platform and from integrating the Platform to another site via any technical process such as “framing.”
The “Band of Boats” trademark and the associated logos are registered as trademarks to which the User has no rights.
Similarly, the User has no right to the trademarks or content of the Partners that may be viewed via the Platform.
The User represents that he/she holds or has, and undertakes at all times to ensure he/she holds or has all the necessary rights , title and interest in and to all of the material, content and other elements that the User publishes on the Platform and, specifically, photos and illustrations that accompany advertisements that he/she submits. Business Users shall indemnify and hold harmless BoB against all losses, damages, costs, charges, expenses and other liabilities suffered or incurred by BoB arising out of or in connection with any legal action and/or third-party claims arising as a result of or in connection with a breach of this provision (including without limitation in relation to counterfeit or unfair competition).
The User grants BoB a free, non-exclusive, non-transferable world-wide right to use the information published, for the legal duration of the rights to the information concerned, for the sole purpose of distribution of the advertisement concerned and its placement on the Platform and, where necessary, for the purpose of communication regarding the Platform on any physical or digital medium, currently known or unknown, specifically via social networks.
13. Changes to the GTCU
BoB may modify the terms of these GTCU for security, legal or regulatory reasons. We will notify you of any changes or additions to these GTCU by sending you an email notification, by posting a notice on the Platform or in any other manner we deem appropriate. Your continued use of the Platform and our services will confirm your acceptance of the revised terms.
For minor updates that do not adversely affect your rights or obligations under these GTCU, we may choose not to notify you directly. Consequently, the User should consult the GTCU, which are accessible via the Platform, regularly to learn about any new terms and conditions.
14. No waiver
If BoB does not enforce, or is slow to enforce, one of the provisions of the GTCU, this shall not be taken to mean that BoB has waived the right to do so in the future.
15. Applicable law
The GTCU and all relationships with Users are governed by and interpreted pursuant to French law, regardless of where the User who accesses the Platform is located, however this does not limit any consumer or other rights that you have in the EU country in which you live.
16. Mediation and disputes
- Individual Users
Individual Users may submit to mediation any dispute or complaint resulting from the use of the Platform or from any transaction carried out on the Platform.
The mediator may be chosen from the mediators listed at the following site: https://www.economie.gouv.fr/mediation-conso/saisir-mediateur#secteur
Regardless of the method used to submit a complaint to the mediator (including via letter or email), the request must contain the following information in order to be processed promptly: the Individual User's mailing address, email address and telephone number; the name and address of BoB; a succinct description of the facts; and evidence of initial efforts undertaken directly with BoB. However, the dispute cannot be reviewed if the request is clearly frivolous or abusive, when the dispute was reviewed previously or is under review by another mediator or by a court; if the Individual User submitted the request to the mediator more than one year after submitting a written complaint to BoB; if the dispute is not within the mediator's area of expertise; or, last, if the Individual User does not prove that he/she sought, initially, to resolve the dispute directly with BoB by submitting a written complaint.
Individual Users may also rely on the online mediation service offered by the European Union, which may be accessed at the following site: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
The provisions above do not limit the right of Individual Users to file a complaint with the courts.
- Business Users
Any dispute with a Business User resulting from the use of the Services or of the Platform shall be submitted to the Court of Commerce of Nantes (France), including in the case of an emergency, introduction of third parties or multiple defendants.
SPECIFIC CONDITIONS REGARDING SERVICES FOR THE SALE / PURCHASE OF BOATS
1. Connecting buyers and sellers
The Boat Sale/Purchase Services involve connecting a User who wishes to sell a pre-owned board with Users who wish to buy one.
These services involve, specifically:
- publishing/modifying/highlighting a sales advertisement;
- answering a sales advertisement and contacting the seller.
The Boat Sale/Purchase Services do not include completing the sale or other sale-related services, which may, instead, involve Partner Services.
Thus, BoB does not guarantee:
- that the sale will be carried out through the Platform;
- that the goods sold correspond to the description provided in the advertisement;
- that the description of the goods sold is free from inaccuracies or omissions;
- the existence, quality, features, location or condition of the goods sold; or,
- payment for the goods by the purchasing User.
2. Rules governing the publication of advertisements
The User who offers goods for sale represents and warrants that:
- he or she is the owner of the goods offered for sale;
- he or she has sufficient rights to the information in the advertisement and, specifically, that the photographs do not infringe on a third party's intellectual property rights;
- the information included in the advertisement is relevant, correct and complete, reflects the goods for sale and is not misleading; and,
- the advertisement does not violate any regulation in effect, specifically with respect to sales and sales promotion.
In addition, each User undertakes:
- to clearly indicate his/her status as a Business User or an Individual User;
- to include all required information when he/she acts in the capacity of a Business User;
- not to use hypertext links in the advertisement;
- not to include surcharged or fraudulent contact information (telephone number/email address); and,
- to delete the advertisement as soon as the goods offered for sale are no longer available.
Business Users shall indemnify and hold harmless BoB against all losses, damages, costs, charges, expenses and other liabilities suffered or incurred by BoB arising out of or in connection with any legal action and/or claims by another User or a third-party arising as a result of or in connection with: (i) a breach by the Business User of this clause 2; or (ii) any advertisements published by it.
BoB is authorized, without providing justification, compensation or reimbursement, to refuse to publish or to delete any advertisement and/or online recommendation that it considers irrelevant, offensive, defamatory, misleading or illegal, that violates accepted standards of behaviour or infringes the rights of any third party, or, in general, violates the GTCU. The advertisements will remain online for a maximum of three (3) months, after which time BoB will contact the User who published the advertisement to offer to renew or delete it.
The User is prohibited from publishing on the Platform, specifically via his/her Account, advertisements and/or online recommendations and any content that is irrelevant, offensive, defamatory or illegal or that violates reasonable / commonly accepted standards of behaviour or infringes the rights of any third party, specifically in terms of intellectual property
3. Rules governing the placement of advertisements
The User is informed that the distributors of the BENETEAU Group, to which BoB belongs, may publish advertisements for the sale of pre-owned boats on the Platform as Business Users. However, BoB does not highlight these advertisements. The BENETEAU Group distributors are treated as any other Business User would be.
Accordingly, the rules governing the placement of advertisements on the Platform are based on the following criteria:
- publication date;
- relevance filter (type of good sought/geographic area/price)
4. Rules for evaluating Business User sellers
After being in contact with a Business User who is offering goods for sale, each User may leave a review about that Business User. The User undertakes to leave only a relevant, measured, non-defamatory and non-abusive review. BoB reserves the right to delete, without recourse, any review that does not meet these criteria.
SPECIFIC CONDITIONS REGARDING PRICING SERVICES
1. Description of the Service
The User may order an automatic price quote, which is generated via an algorithm that calculates the estimated cost of a boat based on a reference database for similar goods in mainland France. This price quote relies solely on the information that the User has provided via the Platform.
2. Limitation of warranty
The Pricing Services are provided for purely informational purposes and BoB does not guarantee:
- that a price quoted corresponds to the fair market value, actual sale or purchase price for a good and, thus, that the good in question can actually be sold or purchased at that price;
- that pricing is available for every type of good. If an automatic price quote cannot be determined, the User will be informed at the time of the order and before any payment is made.