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Terms and conditions of use

Updated : 10 January 2024

SCOPE OF APPLICATION

The general conditions of use (the ” GCU “) govern the use of the website published by FENDSEA (hereinafter referred to as ” FENDSEA “), a simplified joint stock company registered in the Lorient Trade and Companies Register under number 952 698 074, whose VAT number is FR01952698074 and whose registered office is located at 1 rue Honoré d’Estienne d’Orves 56100 Lorient, France, accessible at the following address: https://www.fendsea.com/ (hereinafter the ” Website “): whose use is subject to their acceptance.

When browsing the FENDSEA Website and placing an order, the User is invited to read and accept the GTCU by clicking on the appropriate box. Acceptance of these GCU is full, complete and unreserved.

The GTCU are subject to change, particularly with a view to improving the operation of the FENDSEA website and the functionalities offered on it. The User is invited to consult the GTCU regularly. The User will nevertheless be notified of subsequent versions of the GTUs in order to be able to accept them.

DEFINITIONS

Terms beginning with a capital letter and used in both the singular and plural in these GCU shall have the following meaning:

  • GTC “: refers to these General Terms and Conditions of Use of the FENDSEA website and the functionalities offered on it.
  • GTC “: refers to the general sales conditions governing the supply of Products by FENDSEA available for sale on the Internet Site https://www.fendsea.com/.
  • Access Account “: refers to the User’s account enabling him/her to access certain functionalities offered by FENDSEA (order history, invoices, means of payment and account information: email, first and last name, password) and to place an order for Products on the FENDSEA Internet Site.
  • Login details “: refers to the email address and password enabling each User to connect to their access account.
  • Products “: refers to durable and ecological fenders for boats from 8 to 25 metres in length intended for several uses, such as storage or waste collection found on the website https://www.fendsea.com/, the sale of which is governed by the GTC. .
  • Website “: refers to the website published by FENDSEA and accessible at the following address: https: //www.fendsea.com/, as well as all the functions and services offered therein, including the possibility of ordering works, the sale of which is governed by the GTC.
  • User “: generally refers to any person browsing the https://www.fendsea.com/ website.

PRESENTATION OF THE WEBSITE AND ITS FUNCTIONS

1. Purpose and functions of the Website

The Website, dedicated to the promotion and marketing of Products, is accessible to Users at the following address: https: //www.fendsea.com/.

Through its Website, FENDSEA makes the following functionalities available to Users:

  1. Newsletter registration enabling Users to receive information about offers and new products.
  2. Access to a personal user account allowing the User to benefit from multiple functionalities: Product order history, invoices, means of payment and account information (email, first and last name, password).

In order to benefit from the Products available on the Website and to take advantage of certain functionalities, the User is required to provide certain information (first name, surname, email address and telephone number).

2. Access to the FENDSEA Website

Consultation of the Website is accessible free of charge to any User with Internet access.

The User is personally responsible for setting up the technical means to access the FENDSEA Website and the functionalities offered therein. The Website is compatible with the following recent versions of operating systems: Firefox, Chrome, Edge, Safari.

The User is responsible for the connection and equipment costs associated with Internet access and use of the Website, which he/she uses at his/her own risk. The User undertakes to use the FENDSEA Website in a responsible and lawful manner.

It is forbidden to attempt to access or remain on the Website by any means other than the interface provided for this purpose by FENDSEA to the User.

3. Operation of the User’s Access Account
  • How to create an Access Account

Users can create their Access Account using the account creation form, which can be accessed at the following address: [to be completed].

When doing so, the User must enter information on the Access Account creation page that will enable him/her to be identified and to continue his/her registration (title, first name, surname, email address, date of birth and password). The User must provide a valid e-mail address to which he/she will receive a confirmation e-mail and choose a password, which will serve as his/her login details.

The User undertakes not to provide any incorrect or false information when creating, registering or updating their Access Account or which would infringe the rights of third parties.

Identification details for a User’s Access Account, and in particular their password, are personal and confidential. Users are therefore prohibited from communicating or sharing this information with third parties. The User remains solely responsible for the use he makes of his Login Information, so that any connection to his Account will be presumed to have been made by him.

In any event, the User guarantees FENDSEA against any request and/or action based on the use, fraudulent or otherwise, of his/her Login Information. In the event of loss or theft of a password, or even in the event of suspicion of loss or theft, the User must regenerate it immediately by clicking on the ” Forgot your password?

  • Closure or suspension of the Access Account

The User may at any time request the closure of his/her Access Account, without prior notice and at no cost, by logging into his/her Access Account, which will be closed as soon as possible.

In the event of suspicion of fraudulent use of the Access Account, FENDSEA reserves the right, without compensation or prior notice, to suspend or close the User’s Access Account.

The User remains responsible for any use of his/her Access Account prior to the closure or suspension of this Access Account.

In the event of the death of the holder of the Access Account, FENDSEA will delete the associated Access Account as soon as possible after receipt of the information relating to the death of the User.

GUARANTEES

1. FENDSEA guarantees

FENDSEA undertakes to make its best efforts to allow uninterrupted access to the Website in accordance with the rules of the art, except in the event of interruptions required for maintenance, technical or legal constraints, or possible breakdowns, without FENDSEA being liable for such periods of interruption to the Website. FENDSEA is only bound by an obligation of means concerning accessibility to the Website.

No other guarantee as to the functioning of the Website other than those described in the GCU can be assumed by FENDSEA.

2. User Guarantees

The User guarantees to comply with the operating procedures of the Website as described in these GCU. The User warrants that he/she is capable, of legal age and has the capacity required to use the Website and the functionalities accessible on it.

When entering into contact with FENDSEA, the User undertakes to provide accurate and precise information. The User undertakes to respond to FENDSEA if additional information is required to process his/her request.

The User undertakes not to use the Website for illegal purposes or in a way that contravenes public order or morality or is prejudicial to FENDSEA. The User undertakes to use the Website responsibly and in particular undertakes not to:

  • Disrupting or interrupting the operation of the Website;
  • Use data mining systems, robots or any other similar automated method to collect and/or exploit protected data from the Website;
  • Aggregate, copy or duplicate the content of the Website;
  • Impersonate another person, in particular another User;
  • Connect to an Access Account other than the one created in his/her name to place an order;
  • Access data that is not intended for them or enter an Access Account to which they are not authorised to have access;
  • Delete or modify content published by another person, in particular another User.

Users are solely responsible for the use they make of the Website and for any harmful consequences that may be attributable to carelessness or fault on their part, with regard to FENDSEA or third parties.

LIMITATION OF FENDSEA’S LIABILITY

1. Limitation of liability in respect of the subject matter of the Website

FENDSEA is not liable for any damage arising from the User’s use of the Website that does not comply with these GCU. Under no circumstances can FENDSEA be held responsible for the use made of the information accessible on the site and for any direct or indirect prejudice that may result.

The User acknowledges that he/she has been fully informed that the information available on the Website is subject to change, for which FENDSEA cannot be held responsible.

2. Limitation of liability for the operation of the Website

FENDSEA undertakes to ensure that the Website functions correctly. However, FENDSEA cannot be held liable for any inconvenience or damage that the User may suffer as a result of using the Website or damage linked to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses. FENDSEA may not be held liable for :

  • the impossibility for the User to access the Website due to an electronic communications operator or access provider.
  • incompatibility of the equipment and terminals used by the User or their configuration with the Website.
  • a fault or negligence attributable to the User.
  • the act of a third party or third-party software.
  • a case of force majeure, including in the event of interruption of telecommunications for any reason whatsoever.
  • unforeseeable, indirect or immaterial damage such as loss of profits, loss or damage to the brand or reputation of the User or a third party.

INTELLECTUAL PROPERTY RIGHTS

FENDSEA is the exclusive owner of the intellectual property rights relating to the content of the Website including, but not limited to: trademarks, logos, domain names, graphic charters, texts, gifs, animations, sounds, icons, illustrations, photographs, descriptions of works, images and videos, whether visual or audio, databases, as well as their layout.

Any reproduction, representation, dissemination, distribution, translation, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly forbidden without the express prior written consent of FENDSEA.

This representation or reproduction, by any means whatsoever, may constitute an act of counterfeiting for which the counterfeiter may be held civilly and criminally liable. FENDSEA reserves the right to take legal action against the counterfeiter.

Certain visuals and information integrated into the Website have required recourse to external sources for which FENDSEA has acquired the rights or for which the rights of use are open.

HYPERTEXT LINKS AND EXTERNAL SOURCES

The https://www.fendsea.com/ website may contain hypertext links to other websites published by third parties or other sources available on the Internet, the content of which FENDSEA has no control over.

Insofar as the hypertext links have been included on the Website solely to facilitate the User’s browsing, consultation of third party sites is the User’s choice and his/her sole responsibility.

FENDSEA cannot be held responsible for any damage whatsoever resulting from the content of these external sites or sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements. The risks associated with such use are the sole responsibility of the User, who must comply with their general conditions of use.

FENDSEA accepts no responsibility for any damage or loss, whether actual or alleged, arising from or in connection with the use of, or reliance on, the content, goods or services available on these external sources.

MISCELLANEOUS PROVISIONS

1. Duration – Enforceability

The GCU are enforceable against the User for as long as he remains a User of the Website.

2. Tolerance

The fact that one of the parties does not at any time require the strict performance by the other party of any provision or condition whatsoever of these GCU = shall not be deemed to constitute a definitive waiver of that provision or condition.

3. Nullity of a clause

If any of the non-essential clauses of the GCU should prove to be null and void or inapplicable by virtue of a law or regulation or following an enforceable court decision or decision of a competent authority, the parties expressly agree that these GCU shall not be affected by the nullity of the clause concerned.

4. Language

These GCU are written in French.

5. Requests, suggestions and complaints

For any request or suggestion concerning the operation of the Website, the User may contact FENDSEA via the contact form accessible on the Website at the following address[to be completed] or by e-mail at the following address: contact@fendsea.com

For any complaint relating to the execution of these GCU, the User undertakes, before taking any other steps, to send FENDSEA a written complaint by registered letter with acknowledgement of receipt, which remains unanswered for a period of three (3) months.

6. Mediation

Pursuant to Article L. 612-1 of the French Consumer Code, if the User is a consumer, the User may submit any dispute with FENDSEA relating to the performance of these GTCU to the CM2C consumer mediator, whose contact details are as follows on the website by filling in the form: https://www.cm2c.net/, by e-mail: cm2c@cm2c.net or by post: CM2C 4 rue de Ponthieu 75008, who will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution.

To submit a request for mediation, the User may use the complaint form available on the mediator’s website.

In addition, you have the right to request the resolution of your dispute on the platform dedicated to the online resolution of consumer disputes made available by the European Commission and accessible at the following address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

The User remains free to accept or refuse recourse to mediation and to accept or refuse the solution proposed by the mediator.

7. Applicable law and dispute resolution

These GCU are governed, interpreted and subject to French law.

The sale of Products is subject to French law.

Any dispute relating to these GCU that cannot be resolved amicably between the User and FENDSEA will be submitted to the exclusive jurisdiction of the Lorient Court of Justice.

In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or the introduction of third parties.