INTRODUCTION

These General Conditions of Use determine the rules for access to the site, the site and the conditions of use that users confirm they accept unconditionally when accessing the site. Specific terms determine the rules of use for specific user access zones

ARTICLE 1. GENERAL INFORMATION

1.1 SITE EDITOR

Victoria Yachting

158, rue Jean Jaurès

59963 CROIX Cedex

BP101 Lille (France)

33 (0) 328 339 060

1.2 WEB HOSTING PROVIDER

NEXYLAN

274 ter Avenue de la Marne,

59700 MARCQ-EN-BAROEUL

33 (0)3 66 72 15 72

SAS with a capital of €150,000

Companies Register of Roubaix – Tourcoing

Siret: 517 884 722 000 37

Code APE 721Z

1.3 SITE ADMINISTRATOR

FLOW44

19bis Avenue du Maréchal Foch

59800 MARCQ-EN-BAROEUL

+33 (0)6 03 18 86 37

flow44.com

1.4 USER

Any person having access to the website, regardless of the capacity in which it is accessed, the place at which the person is located, the means of connection to the website or the purpose and aim of their access to the information published on the website, is a user of the website.

ARTICLE 2. PURPOSE OF THE VICTORIA YACHTING WEBSITE

The present website belongs to VICTORIA YACHTING and is dedicated to VICTORIA YACHTING brand products. Its purpose is to:

– Promote the brand’s range of products and services worldwide;

– Provide information on related events and boat fairs;

– Present the products and services of partner companies.

ARTICLE 3. PRODUCTS AND SERVICES

3.1 Products and services offering

VICTORIA YACHTING specializes in equipment for boats, notably articles related to decoration and comfort. VICTORIA YACHTING proposes, hand crafts to measure or on request and markets products such as high-end and personalized mattresses, bed bases, bed linen, bath linen etc…. The company also proposes articles for resale such as tableware, kitchen utensils and cutlery to satisfy customer requirements in a personalized manner.

3.2 Product availability

Products are made to order, principally in France or neighboring countries. They are generally delivered within 6 weeks, depending on the order, place of delivery and time of year. All requests are studied on a one-by-one basis. Shorter delivery times are sometimes possible while longer delivery times are sometimes necessary. Delivery times and periods are studied and communicated during the project personalization period.

3.3 Delivery terms

VICTORIA YACHTING delivers worldwide. Transport operations are performed by independent carriers. Delivery terms and conditions are analyzed with the customer in accordance with their needs.

3.4 Terms of payment

As each order is made-to-measure and personalized, a 30% deposit is requested with the order. The balance is to be paid when the articles are dispatched. Payment may be made by wire transfer, cash, cheque or credit card.

ARTICLE 4. COMMERCIAL AND LEGAL WARRANTIES

4.1 VICTORIA YACHTING commercial warranty

All articles created and manufactured by VICTORIA YACHTING come with a five (5) year warranty.

In the event of customer misuse of the product, the warranty shall not be applicable, notably for products that are damaged during installation or cleaning operations.

In accordance with Article L.217-16 of the French consumer code: “When the buyer asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.”

4.2 Commercial warranty granted by the manufacturer

In addition to the legal warranties provided for in Article 4.3 and covered by the Seller, some articles sold by VICTORIA YACHTING come with a Manufacturer warranty. In the event one such article is non-conform or defective, VICTORIA YACHTING reserves the right to turn to the Manufacturer and make a claim under the Manufacturer’s own warranty.    

4.3 Legal warranties

In addition to the commercial warranties laid out in Articles 4.1 and 4.2 of the present General Conditions of Use, VICTORIA YACHTING is liable for any lack of conformity of the product as provided for in Article L.217-4 and seq. of the French Consumer Code and any hidden defects of the article sold as provided for in Articles 1641 and seq. of the French Civil Code.

 4.3.1 Legal warranty of conformity

Article L.217-4 French consumer Code: “The seller delivers a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.”

Article L.217-5 French Consumer Code: “The product conforms to the contract:

1. If it is suitable for the purpose usually associated with such a product and, if applicable:

– if it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;

– if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or if it has the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

When the consumer acts according to the scope of the legal compliance framework as provided for in Articles L.217-4 and seq. of the French Consumer Code, he benefits from:

– a period of two (2) years as from the delivery of the article to act (Article L.217-12 French Consumer Code):

– a choice between having the said article repaired or replaced, subject to certain conditions of cost (Article L.217-9 French Consumer Code);

– an exemption to provide proof of non-compliance of the said article when the buyer acts within six months of the delivery of the article. This period is extended to twenty-four (24) months as of March18, 2016, excluding second-hand articles.

Finally, If the buyer decides to invoke the hidden defect warranty of a product sold under Article 1641 of the French Civil Code, he can choose to either cancel the sale or agree to a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Article 1641 French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

Article 1648 French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”

ARTICLE 5. USE OF THE WEBSITE

The VICTORIA YACHTING website and the information published on it are for reference purposes and for establishing an initial contact only.

All other use is prohibited.

In the event the site is, without our knowledge, linked to other sites through hypertext links, VICTORIA YACHTING declines all responsibility for the information presented on these other sites. The Editor retains the right to delete the link at any time if it believes the link that has been created with the linking site is harmful to the latter’s interests.

All users who act contrary to the present General Conditions of Use fraudulently, are open to civil or penal proceedings. Criminal proceedings may be instituted by the Editor against any User who violates these provisions.

ARTICLE 6. SECURITY

When using the website, the User agrees not to do anything that might cause IT, functional or other kind of breakdown that might interfere with the operation of the website or of any server or service that can be accessed through the website.

In particular, the User undertakes to provide only reliable, inoffensive information, data, documents and files that will not interfere with the operation of the website or of any server or service that can be accessed through the website.

The user is informed of the inherent risks relating to the use of the Internet. The Editor cannot be held responsible for such risks and any resulting consequences for the user. Users should take all appropriate steps to protect their own data.

When using the website or any server or service that can be accessed through the website, the User undertakes to:

– abide by applicable national and international laws and regulations and respect the rights of third parties;

– not harm the image of VICTORIA YACHTING in any way whatsoever.

VICTORIA YACHTING shall not be held liable for any direct or indirect damage resulting from access to the website by an Internet user and/or use of the site or its unavailability.

ARTICLE 7. INTELLECTUAL PROPERTY

By virtue of the law, any partial or full reproduction of this site is strictly prohibited without express authorization of VICTORIA YACHTING. The trademark presented on this site is the property of its holder.

For further information, the User is invited to contact VICTORIA YACHTING using the contact form.

The present website is the work of VICTORIA YACHTING as referred to in Articles L 111.1 and seq. of the French Intellectual Property Code.

The texts, photographs, videos, drawings, sounds and other works are the exclusive property of VICTORIA YACHTING. However, the images used for the “Expertise” tab are not the exclusive property of VICTORIA YACHTING, the rights to use some images have been obtained.

Art. L 716-10 French Intellectual Property Code: “Any form of direct or indirect, temporary or permanent reproduction by whatever means and in whatever form, in full or in part, and any representation, use or modification, even partial, of the present website is prohibited. Such practices are considered a crime and punishable by three years imprisonment and a fine of €300,000”.

ARTICLE 8. CHANGES TO THE LEGAL NOTICE

VICTORIA YACHTING may at any time amend the legal notice notably in the event of changes in legislation so they are in compliance with this decision. Users are advised to consult the legal notice regularly.

ARTICLE 9. COMPLAINTS

All user complaints should be addressed to the Editor by registered letter with acknowledgement of receipt at the following address.

VICTORIA YACHTING,

158 rue Jean Jaurès

CROIX (59170)

ARTICLE 10. APPLICABLE LAW

The present General Conditions of Use are subject to French law.

In the event that a dispute should arise from this contractual or pre-contractual relationship, the Parties agree before taking any legal action to seek an amicable solution.

In accordance with current legislation, the User may, in the event of a dispute, have recourse to a conventional mediation procedure or all other alternative dispute resolution methods.

Following failure to reach an amicable solution between the Parties, the dispute will be submitted to the French courts; the competent court will be that of the defendant.

ARTICLE 11. PHOTO CREDITS

© Fotolia – http://www.fotolia.com

© André Benz

© Kalea-jerielle

© andre-it

© troy-t

© james-sullivan