The aim of these General Terms and Conditions is to define the procedure with which the company NCP CONSULT, a simplified joint-stock company with a capital of 1,000 euros, registered at the ANTIBES Trade and Companies Register with N° 803 805 779 - VAT n° FR65803805779,and headquarters at 386 Chemin de l’Orangerie 06600 ANTIBES (hereafter “The name of the site” or the “Company”), makes available to its clients (hereafter the “Client”) an advertisement presentation service (hereafter the “Service") for publication on the YACHT-CA.com website, as well as on its partners’ websites, where applicable.
The site is the exclusive propriety of NCP CONSULT.
The publication director is Mr Cyril BOLLOTTE, as the legal representative of the NCP CONSULT company, and web hosting is provided by the OVH company, with headquarters at 2 Rue Kellermann - BP 80157 - 59100 Roubaix - Roubaix-Tourcoing Trade and Companies Register 424 761 419 00045
The present clauses shall have a contractual character between the Client and the Company and serve as law between the parties.
The Client recognises that he fulfils the conditions enabling him to benefit from the capacity as a Client, as defined below in article 2, through access to or use of the Service and/or of the website accessible at the address: www.yacht-ca.com (hereafter the “Site”).
The Client acknowledges the present General Terms and Conditions and agrees to respect them without reserve.NCP CONSULT reserves the right, at any time, to modify all or part of the General Terms and Conditions.
The Client is invited regularly to consult the General Terms and Conditions to take note of any modifications that may be made.
Access to the service presupposes obligatory prior registration to obtain access to all the different features of the Site.
The Client must therefore create a member’s account by completing the registration form on the site in the registration section.
In order to obtain a member’s account, the Client must accept the present General Terms and Conditions on the Site by checking the empty box “I have read and agree with the general terms and conditions”.
The Client promises to provide NCP CONSULT with accurate information at registration and to update it regularly in the event of any changes.
The Client assumes complete editorial responsibility for the advertisements that he publishes and guarantees the NCP CONSULT Company against any legal condemnation that may be pronounced against him.
The NCP CONSULT Company is in no way responsible for the errors, information and content transmitted and/or published on the site by the Client.
The equipment (computers, mobile telephones, software, means of telecommunication, etc.) providing access to the site, as well as any telecommunications costs arising from its use, are the exclusive responsibility of the Client.
Should the Client provide inaccurate, out-dated or incomplete information, the Company reserves the right to suspend or cancel access to all or part of the Site, according to the conditions outlined in the present General Terms and Conditions.
On registering for the service, the Client is asked to choose and enter a username and password. These elements allow the Client to identify himself and to connect to the services available on the Site. These access codes are personal and confidential. They can be modified by the Client online.
The Client alone is responsible for the use of his access codes. Without proof to the contrary, any connection to the site or transmission of data made using the Client’s access codes shall be assumed to have been carried out by the Client.
The Client promises to keep his access codes confidential and is forbidden to pass them on to a third person in any form whatsoever. If the access codes are lost, stolen or accidentally disclosed, the Client promises immediately to inform NCP CONSULT, which will delete the access codes as soon as possible. The Client will then receive a new password.
Any loss, theft, misappropriation or non-authorised use of the access codes are the full responsibility of the Client.
The Client promises to register with a single user name and password.
Once registration has been validated, the Client can write and publish an advertisement for the rental and / or sale of a boat directly on the Site.
Regulations relating to the charter advertisements.
Professionals advertising on the site guarantee the authenticity of the advertisements they place on the site.
Obligatory information:
Name of vessel
Yacht type / Model
Shipyard
Length
Beam
Flag
Year of construction
In addition, the Client must have an authorisation from the owner of the yacht shown in the advertisement.
The Client promises that the advertisement contains no links, and particularly hypertext links.
The Client recognises that he has no rights of cancellation, in conformity with article L121-20-2 of the French Consumers Code.
The Client may modify the advertisement online from his customer account.
Only the Central Agent with exclusive mandate is authorised to publish an advertisement.
Photographs of the advertised vessel are provided by the Client (“catalogue” or “constructors’” photos are not recommended).
Advertisements are published as given and are not modified or adapted by NCP CONSULT.
The Client authorises NCP CONSULT to use the published photographs to illustrate its promotional documents. Should the Client refuse authorisation, he is asked to write to NCP CONSULT, at the latest at the same time that the photograph is uploaded or published on the site.
NCP CONSULT reserves the right to refuse publication of an advertisement or suspend its appearance on the Site if it is incomplete or contrary to the Site’s editorial policy. This is also the case for any advertisement that may breach public order or moral standards, or which infringe the prevailing legal and regulatory provisions.
Regulations relating to the brokerage advertisements
In addition to respecting existing legislation, NCP CONSULT reinforces the security of transactions by requiring additional elements at the time the advertisement is written, such as the yacht’s registration number, allowing it to be identified in the event of disagreements during the transaction.
Professionals advertising on the site guarantee the authenticity of the advertisements they place on the site.
Obligatory information:
Name of the vessel
Hull number or registration number
Brand / Shipyard
Yacht type / Model
Hull number
Length
Beam
Flag
Year of construction
Location
Price
In addition, the Client must have an authorisation from the owner of the yacht shown in the advertisement.
The Client promises that the advertisement contains no links, and particularly hypertext links.
The Client recognises that he has no rights of cancellation, in conformity with article L121-20-2 of the French Consumers Code.
The Client may modify the advertisement online from his customer account.
In the case of a co-exclusive mandate, a maximum of two advertisements may be made for a single boat, in the chronological order of their publication, once the advertisement has been definitively validated.
Photographs of the advertised vessel are provided by the Client (“catalogue” or “constructors’” photos are not recommended).
Advertisements are published as given and are not modified or adapted by NCP CONSULT.
The Client authorises NCP CONSULT to use the published photographs to illustrate its promotional documents. Should the Client refuse authorisation, he is asked to write to NCP CONSULT, at the latest at the same time that the photograph is uploaded or published on the site.
NCP CONSULT reserves the right to refuse publication of an advertisement or suspend its appearance on the Site if it is incomplete or contrary to the Site’s editorial policy. This is also the case for any advertisement that may breach public order or moral standards, or which infringe the prevailing legal and regulatory provisions.
The Client promises to respect the prevailing legislation and the rights of third parties when using the Site. The Client explicitly guarantees that he will personally obtain all the rights and authorisations required to publish any advertisement, and particularly intellectual property rights and copyright.
The Client therefore guarantees that the advertisement does not infringe any prevailing standards and / or regulations (particularly relating to advertising, competition and the use of personal data), nor any third party rights (particularly intellectual rights and copyright). The Client guarantees that any photographs illustrating the advertisement are not likely to mislead the public and that they show the vessel concerned.
NCP CONSULT is authorised by the Client to disclose all or part of the information transmitted in connection with the advertisement (particularly his name, address and telephone number), when it is published on the Site, as well as on its partners’ websites, if applicable.
The price of the service is the price applying at the date of registration or renewal and is shown on the Site.
The price is payable in euros (€), irrespective of the original currency.
The price consists in a single subscription according to the following options:
Silver Offer:
Registration on Yacht-CA and unlimited access to advertisements (Charter and Brokerage) for € 49 ex VAT* / month without obligation.
Gold Offer:
Registration on Yacht-CA, unlimited access to advertisements (charter and brokerage), unlimited publication of advertisements (charter and brokerage) for € 99 ex VAT* / month without obligation.
Each subscription is personal and nominative.
The subscriber must be the same as the advertiser.
The accepted means of payment are by bank card, via a procedure of secure payment, and bank transfer.
For bank card payments, the Client will provide the number of his card, expiry date and the cryptogram shown on the back of the card.
Complete payment is required to validate registration and to access the services of the Site.
The amount will be debited when your registration has been validated, and then each month on the anniversary date of your registration. For payments by bank card, your registration will be made via a secure payment system.
The contract is agreed for a minimum duration of one month and then renewed by tacit agreement. The Client can cancel his subscription at any moment without notice, with the exception of the current month.
The Client acknowledges that he has been informed that NCP CONSULT reserves the right to suspend access to the service immediately and, if need be, to cancel the present agreement without prior warning or notice period in the event of a violation of the Client’s obligations as set out in the present Terms and Conditions.
* Applicable rate excluding special offer during the launching period or exceptional conditions.
The Client acknowledges that he is the exclusive author of the advertisement, and that he is solely responsible for the contents of the online publication.
NCP CONSULT declines any responsibility regarding the accuracy of the advertisements published online, as it solely provides the medium for the aforesaid advertisements, and users are requested to verify the said information before agreeing to any contract.
The Client, as the advertiser, therefore promises to indemnify NCP CONSULT for any damages it may suffer in this respect and guarantees NCP CONSULT against any legal action undertaken on the basis of these advertisements.
NCP CONSULT declines all responsibility due to a momentary impossibility of access to the Site, for any cause whatsoever, or the suspension of the service for technical maintenance or updating of the Site.
In conformity with the provisions of the law of 6 January 1978, modified by the law of 6 August 2004, known as “Informatique et Libertés” (“Information Technology and Freedoms”), each person has the right to access, modify, rectify and delete their own data by writing to the following e-mail address: contact@yacht-ca.com, or by post to NCP CONSULT, 386 Chemin de l’Orangerie 06600 ANTIBES France.
The treatment of nominative information relating to the clients has been the subject of a declaration to the Commission Nationale de l’Informatique et des libertés (CNIL) (declaration n°1902919 v 0 of the seventh of November, 2015).
The Clients are informed that the nominative information, mentioned as obligatory, which is collected in connection with the service, is needed to use the service.
The information communicated to NCP CONSULT is solely reserved to the company.
At any time, the Client can express his wish not to receive commercial offers from NCP CONSULT or its partners.
The Client is then asked to communicate his request concerning this modification in writing to NCP CONSULT.
Data are collected via cookies, particularly in order to improve the quality of the website and make it more simple and practical to use.
The Client can refuse cookies at any time by changing his web browser settings. Cookies on the Site are never used to collect information of a personal nature, but solely for statistical reasons.
If any of the provisions in the present Contract should be declared illegal, null and void or inapplicable for any reason whatsoever, the validity of the other provisions in the present agreement shall not be called into question, but shall continue to apply between NCP CONSULT and the Client.
The company reserves the right to subcontract and/or cede to a third party its rights and obligations in regard to the present General Terms and Conditions.
The fact that NCP CONSULT should not invoke, at a given moment, any one of the present General Terms and Conditions cannot be interpreted as a renunciation by the company to invoke one of the aforesaid conditions at a later date.
The titles given to the articles, paragraphs, sections and appendices in the present agreement are there solely to ensure greater ease of reading and cannot in any case be cited as a cause for legal interpretation.
The act of double-clicking or ticking an appropriate checkbox by the customer, for the acceptance of the general conditions of sale or of any information entered by the customer for the validation of advertisements of any nature whatsoever, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
By common agreement, the parties agree that NCP CONSULT’S I.T. systems and files will be considered as admissible between them.
I.T. records kept in NCP CONSULT’S I.T. systems will be conserved in reasonable conditions of security and considered as proofs of communications, of payments made and more generally of all relations entered into by the parties.
NCP CONSULT shall have the right to invoke these I.T. records and produce them in the event of legal proceedings.
Any complaints must be transmitted to the following e-mail address: contact@yacht-ca.com, or by post to Yacht-CA, 386 Chemin de l’Orangerie, 06600 ANTIBES FRANCE.
The present agreement is governed by French law.
The parties agree to the exclusive jurisdiction of the Commercial Court in CANNES to establish the validity of any disagreement concerning the interpretation, execution and cancellation of the present Contract and any consequences of them.
Customer service: + 33 (0) 9 83 07 52 03 * (price of a local call)