Last updated on 14.04.2022

The company YACHTNEEDS with registered address at: Est-Ouest; 24 Boulevard Princesse Charlotte; 98000 Monaco (hereinafter ‘YACHTNEEDS’) operates a marketplace online platform (hereinafter ‘the Platform’) which enables its Users (as defined below’) to be put in contact with sellers (hereinafter ‘the Sellers’) for the online purchase of goods relating to Yachting supplies (hereinafter ‘the Products’).

This Platform is accessible to all Users at the URL www.yachtneeds.com or any other URL which YACHTNEEDS may substitute for it, where the Platform is made available

Buyer: refers to a User placing an Order and purchaising Products from one or several Sellers.

 

Cart: refers to the place where the User adds Products before ordering them.

Full Satisfaction Guarantee: refers to the commercial guarantee provided by YACHTNEEDS to facilitate the resolution of disputes connected to Orders arising between the Sellers and Buyers.  

‍Seller Terms and Conditions of Sale: refer to the terms and conditions of sale of the Products offered by the Seller. They are accessible in the Seller Overview and govern the Orders made by the Buyers with the Sellers.

‍Order: refers to any purchase of a Product by a Buyer from one or more Sellers via the Platform.

‍Partner: refers to any legal entity with which YACHTNEEDS has concluded a partnership for facilitating the use of the Platform and/or the relationship between Sellers and Buyers on the Platform (eg. payment service provider, carrier, etc.).
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‍Personal Account: refers to the Buyer’s personal area in which he or she can access his or her personal information, purchase history and the lists of the Products which he or she has set aside after having logged in.
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‍Price: refers to the total value of the Products in the shopping cart, including tax, payable by the Buyer, but excluding the shipping costs defined on a rate depending on the shipping method.

‍Product Card: refers to the descriptive factsheet for each Product sold on the Platform comprising photographs, text, illustrations, images, and/or videos submitted by each Seller for the description of the Products that it sells.

 

Proof of Delivery: refers to an online or physical documentation from a shipping company that includes a verifiable tracking number, the status ‘delivered’ and the date of delivery to the recipient address that needs to correspond to the one on the order, and the signature or name of the receiver.

 

Seller: refers to the natural or legal entity, registered in a Trade Register, acting as a professional on the Platform, with all commercial and legal consequences attached thereto, who presents and sells Products on the Platform. 

Services: refers to all the functionalities made available to Users by YACHTNEEDS and available on the Platform.

‍User: refers to any (i) natural person aged at least 18 years old and having full legal capacity to contract, acting as a consumer within the meaning given by applicable law, i.e. outside his/her professional activity, or (ii) a legal entity acting as a professional for his/her professional activity and own benefit or the benefit of a third party, having a Personal Account on the Platform and using its Services.

The aim of the Terms of Service of the Platform (hereinafter the ‘TOS's' or ‘Terms of Service’) is to define the conditions for accessing and using the Platform and its Services.

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The User must read these TOS's before accessing the Platform and using the Services. These terms explain who YACHTNEEDS is, how and when contracts may be terminated and the Buyer’s rights. By using the Services, you signify your agreement to be bound by these TOS’s.

Any use of the Platform and the Services involves the prior express unreserved acceptance of the TOS’s by the User. The User is informed of and acknowledges when creating his or her Personal Account that by clicking on the ‘Register now’ button, he or she agrees to YACHTNEEDS' TOS’s, he or she is bound by all of the provisions of the TOS’s. If the User does not agree to the TOS’s, the User may not use the Services on the Platform.

YACHTNEEDS retains the right to terminate or suspend access to the Platform at any time, unilaterally and without prior notice, to any User failing to comply with these TOS’s.

The User is informed that the TOS’s may be amended at any time unilaterally by YACHTNEEDS primarily in order to comply with any developments of its Services or any legal, judicial, editorial and/or technical developments. YACHTNEEDS shall use its best commercial endeavours to inform the User of the amendments made to the Services and/or to the TOS’s via e-mail or via a special notice displayed on the Platform.

The User is reminded that it is the User’s responsibility to consult the latest version of the TOS’s accessible on each page of the Platform before using its Services and, in particular, placing an Order.

The Platform is accessible free of charge to any User at the address ‘www.yachtneeds.com’. The User must have access to the internet.
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The User is responsible for the software and equipment required for the Platform Services to work and be used, or access to the internet. The User is solely responsible for the proper functioning of his or her IT equipment and his or her access to the internet.
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Any User can access, consult or use all or parts of the Platform. Any User can also subscribe to the newsletter of YACHTNEEDS (cf. Article 12 related thereto).

To be able to use the Services and buy Products on the Platform, the User must create a Personal Account. 

 

The creation of a Personal Account enables the User to:

To create his or her Personal Account, the User must provide (i) a valid e-mail address and (ii) a password that does not violate third-party rights. The User undertakes to keep his or her password confidential.

 

4.2.2. Personal account closure or cancellation
The User may request that his or her Personal Account is closed or deleted at any time by contacting the Customer Support team at support@yachtneeds.com.

YACHTNEEDS will proceed with the closure or cancellation of the account provided that:

The User acknowledges that once the account is closed he or she will lose access to the account details (including the invoices), he or she will not be able to export or download any data, to access the transaction history and avail of the Full Satisfaction Guarantee.

When the User creates his or her Personal Account, he or she undertakes with full responsibility, control and direction to enter data which enables his or her identification and undertakes to communicate complete, accurate and up-to-date information and to not usurp the identity of a third party, nor to disguise or change his or her age.

The User also undertakes to:

- Provide authentic, accurate and complete information with respect to his or her identity, address and  other data required for access to the Platform, in a way as to not mislead YACHTNEEDS or the Sellers or any third party.

- Update any change concerning this information.

- Not access a Personal Account belonging to another User.

- Take all the necessary measures to protect his or her User credentials (ID and password) as well as his or her own data from any attacks.

 

YACHTNEEDS cannot under any circumstances be held liable due to a delay in accessing, or inability to access, the Platform due to erroneous or incomplete information when entering information relating to the User when creating their Personal Account. Users can also modify their personal information at any time.

 

YACHTNEEDS reserves the right to suspend or refuse access, without notice or compensation, temporarily or definitively, to all or part of the Platform and/or to its Services and content in case of serious and/or repeated violation(s) by the User of the provisions of these TOS’s, in particular, and not limited to, in case of providing false, inaccurate, incomplete or outdated information, or in case of payment fraud, attempted fraud or any other criminal offence.

 

In the event of loss, omission or theft of their authentication information managed by YACHTNEEDS, the User must change their password as rapidly as possible by clicking the button ‘Forgotten password’ under the login identifiers entry form. The User is then asked to create a new password.

YACHTNEEDS can under no circumstances be held liable for loss, theft or omission of the User's authentication information or of fraudulent use of it. The User is solely liable for access to and use of the Platform with their authentication information.

 

YACHTNEEDS shall use its best commercial endeavours to ensure the availability of the Platform. YACHTNEEDS does not guarantee that the Platform works in every operating environment and that it is available all the time with no disruptions or errors, nor that all of the errors can be corrected. The availability of the Platform is subject to a simple obligation of means.
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As the Platform is constantly developing, it is subject to one-off changes and/or temporary or permanent disruptions without notice, in particular for maintenance reasons. YACHTNEEDS shall not under any circumstances be liable in the case that the Platform is unavailable due to these changes.

In this context, YACHTNEEDS reserves the right to interrupt, momentarily suspend or amend without notice access to all or part of the Platform in order to ensure maintenance or for any other reasons without the disruption conferring a right to any obligation or compensation.

The User undertakes to use the Platform in accordance with this TOS’s, and pursuant to the applicable laws and regulations.

The User confirms and acknowledges that all information, data, text, messages or any other content that he or she publishes on the Platform (hereinafter ‘Contribution’) is under his or her full and sole responsibility.

The User undertakes to not publish Contributions contrary to current legislation and regulations. In particular, the User is banned from:

- Distributing information contrary to public policy or morality.

- Hijacking the purpose of the Platform and/or Services for propaganda or proselytism, prospecting or solicitation.

- Distributing Contributions contravening the rights of a third party (including intellectual property rights) or of a defamatory, injurious, obscene, pornographic or offensive nature or inciting discrimination or political, racist, xenophobic, sexist or homophobic violence.

- Publishing information contravening the legislation on the protection of personal data enabling the identification of natural persons without their consent, in particular their surname, postal address and/or e-mail address, telephone number, photograph, sound or audio-visual recording, or collecting and storing personal data relating to other Users.

- Fraudulently accessing the Platform and Services.

- Transmitting any message containing computer viruses or any other code, file or program designed primarily to disrupt, destroy or restrict the functionality of any software, computer or telecommunication device.

- Harassing one or more Sellers and/or another or several other Users in any way.

- Providing information linking to other sites (whether by creating hypertext links or by simply providing information), the content of which would be likely to contravene any current law or regulation, and in particular would be likely to violate the rights of people and property and/or intellectual property rights.

- Making threatening, insulting, defamatory or disrespectful comments towards YACHTNEEDS and/or its employees and/or the Sellers or other Users.

 

The User undertakes to respect the current legislation and regulations and to only use content for which he or she holds the rights, or for which the holder of the rights has given his or her express consent to its distribution, or which is free from any rights.

 

YACHTNEEDS reserves the right to interrupt any business activity and close the Users' account should suspect or identify one of the following behaviours:

The User undertakes to indemnify YACHTNEEDS from any claim, loss or damage directly or indirectly arising from the User failing to comply with these obligations.

It is strictly prohibited to use the Platform for the following purposes:

Any User who acts fraudulently contrary to these Terms of Service risks civil and criminal proceedings which infringe in particular copyright, ancillary rights, rights of producers of databases and automated data processing systems.
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Proceedings may be brought by YACHTNEEDS against the User who would not comply with these provisions.

 

5.3. Order Review and Cancellation

YACHTNEEDS and the payment service provider reserves the right to carry out a security check review on payment transactions and Orders. If a deeper review is needed to evaluate the legitimacy of a transaction, the Provider will contact the Buyer asking for more information and documents. The Buyer is required to reply within the given timeframe.

 

The security review can be initiated at any stage of the Order dispatch, including after its approval or shipment. The Order is not validated until the security review is finalised and cleared to the Provider's satisfaction. 

 

The Provider, in collaboration with the payment service provider, reserves the right to cancel an Order at any time if no response has been received, if there is a reasonable suspect that has been made fraudulently or it is in breach of the Terms of Service herein.

 

The Order process on the Platform follows the following steps:

1. To order a Product, the Buyer must select the desired Product and click on the ‘Add to cart’ tab. This is the offer to purchase the Product.

The Buyer can add other Products by clicking on the ‘Continue shopping’ or finalise his or her Order by clicking on the ‘Proceed to checkout’ tab.

At this stage, the Buyer has a summary of his or her Cart. He or she can then edit or update his or her Cart.

2. If he or she has a Personal Account, the Buyer must then enter his or her e-mail address and password to log in to his or her Personal Account. If he or she does not have a Personal Account, the Buyer must create a Personal Account as described in Article 4. of the TOS’s.

3. The Buyer must then enter his or her contact and invoice information.

4. The Buyer must then select a shipment method and validate it by clicking on the ‘Review and pay’ tab.

At this stage, the Buyer can check and edit his or her Order again.

5. To finalise his or her Order, the Buyer must then select his or her payment method and proceed to pay for his or her Order by clicking on the ‘Proceed to pay’ tab.

6. When the payment of his or her Order is validated, the Buyer will receive a notification email with the Order details. The Order is sent for approval to the Seller. Once the Order is validated by the Seller, the Buyer receives an Order confirmation. The sales contract is concluded between the Buyer and the Seller at the time the Buyer receives the Order confirmation e-mail.

7. When the Seller ships the Order, the Buyer receives a confirmation e-mail that the Product has been shipped. If the chosen delivery method is "Pick Up from the Seller's store", the Buyer receives an e-mail to confirm when the Order is ready for collection.

If the Buyer has bought Products from different Sellers, he or she will receive a shipping confirmation e-mail for each Order. 

 

The sale prices of the Products are indicated in euros, including all taxes, but do not include shipping charges which will be indicated to the Buyer during the purchase process before finally placing his or her Order and according to the chosen shipment method and the shipment address location.
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The Buyer acknowledges that the Seller in its entire discretion determines the prices of the Products advertised on the Platform. In addition, in the event of price reductions, the Seller solely determines the relevant reference price, the reduction in price and the published reduced price. The Buyer acknowledges and agrees that YACHTNEEDS does not have any control whatsoever on the reference price determined by the Seller.
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Whilst YACHNTEEDS try to ensure that all prices on the Platform are accurate, errors may occur.
If YACHTNEEDS or the Seller discover an error in the price of any Product ordered, YACHTNEEDS will coordinate with the Seller and inform the Buyer as soon as possible. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Buyer as a mispricing, YACHTNEEDS may decide that the Seller does not have to provide the Products to the Buyer at the incorrect (lower) price.

 

If the Buyer chooses to cancel after having successfully paid the incorrect price, the Buyer will be entitled for a refund and the Product will not be shipped.

If YACHTNEEDS is unable to contact the Buyer after making reasonable endeavours to do so, the Buyer agrees that the Order may be treated as cancelled.

The Buyer proceeds with the payment of his or her Orders directly on the Platform, according to the payment terms available on the Platform. 

The payment of the Orders placed via the Platform is made to YACHTNEEDS through an external payment service provider Partner, which collects the funds on behalf of YACHTNEEDS and the Seller. 

 

Any Order coming from a Buyer who has not fully or partially paid a previous Order or with which a payment dispute is in progress may be refused.

 

It must be noted that, the payment service provider is responsible for managing transactions on the Platform, collecting the funds, and issuing refunds as instructed by YACHTNEEDS and the Seller. YACHTNEEDS will do its upmost to monitor and ensure the correct functioning of the payment process, however it cannot be held responsible for any transactional delay and cannot be liable for direct, indirect or consequential damages or expenses resulting from a failure to perform of the service provider, as beyond its control.

 

No banking data will be collected and/or processed by YACHTNEEDS or the Seller, all data being processed by the payment service provider.

The guarantees granted by YACHTNEEDS for the security of transactions are identical to those obtained by YACHTNEEDS from the payment service provider.

 

For each Order, the Buyer may access his or her invoice which will be either:

- Included in the delivery package, or

- Accessible on his or her Personal Account in the event of a specific request to the Seller via ‘My Orders’ or,

- Sent by e-mail to the Buyer upon request.

YACHTNEEDS uses the same payment method to refund the Buyer as the one that the Buyer used when placing his or her Order, irrespective of the reason for refunding the Order. 

 

Buyers will be notified by e-mail when a refund is approved by YACHTNEEDS or the Seller. The refund transaction will be then initiated by the payment service provider 20-30 days from the delivery of the Product to the Buyer and information given to YACHTNEEDS.

When making a payment, the Buyer will be charged in the same currency indicated in the Product listing. Should the payment method support a different currency, the Buyer’s card issuer will perform the conversion according to its exchange rate. YACHTNEEDS has no control over this process and has no liability to the Users for any loss due to the currency conversion rate and fees applied by their financial institution.

When receiving a refund, the returned amount could be lower in value than the original payment amount. This can happen as a result of any fee applied by the Buyer payment service provider or the transaction exchange rate fluctuations.

YACHTNEEDS is not liable to the Users for the difference between the value of the original payment and the value of the resulting refund.

YACHTNEEDS and its payment service provider may treat the Buyer’s payment instruction as not complete, and they may refuse to make the payment if:

-  The payment exceeds the card sending limit.

- There is reason to believe that the linked funding sources do not have sufficient funds to cover the money required to make the payment.

- The Buyer hasn’t provided all mandatory information requested in the relevant payment or checkout flows which is used to obtain the Users’ payment instructions (for instance, sufficient details of the recipient as YACHTNEEDS may request and the authentication of the payment instruction).

- There is reason to believe that a restricted activity has happened in relation to the Buyer’s account or payment method.

If the payment is denied by the Buyer’s financial institution, the User is recommended to contact them to get further assistance and authorise the transactiona and initiate the payment again.

8.4. Delivery costs

In the event of delay or full or partial non-receipt of the Product(s) ordered, the Buyer is invited to contact YACHTNEEDS Customer Support from the delivery date agreed in order to solve the problem. If needed, YACHTNEEDS will contact the Seller.
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In the event of no response or an unsatisfactory response from the Seller within the time periods allowing for a Full Satisfaction Guarantee to be initiated, the Buyer can escalate the claim to YACHTNEEDS to check the eligibility for a refund under the Full Satisfaction Guarantee (as indicated in Article 10).

If an undelivered Product is returned to the Seller for a reason, such as ‘unclaimed’ or ‘invalid address’:

- The Buyer may not be entitled for a refund, exchange or compensation, and/or

- In the event of agreement between the Buyer and Seller, the Product  may be resent to the Buyer in which case, the Buyer might be asked to pay the associated costs (costs for returning the Product and costs for resending it).

The Seller is fully liable with respect to the Buyers for the fulfilment of the Orders placed via the Platform.  

In case of a stock discrepancy, the Seller is required to inform YACHTNEEDS Customer Support in a timely manner before approving the Order. YACHTNEEDS will therefore coordinate with the Seller and the Buyer to find a solution, including waiting for the restocking, looking for a replacement or receiving a refund.

The Buyer is fully responsible for the Products from the time these are picked up or they are delivered to the address provided within the Order. 

 

Any product purchased on the Platform that requires installation or setup must be installed by a dedicated professional. 

YACHTNEEDS won't be liable for any injury or damage to any person or property howsoever caused by the Buyer negligence, incorrect installantion, storage  or misuse of the Products.

 

Any perishable and fresh Product purchased on the Platform must be stored appropriately by Sellers and Buyers. YACHTNEEDS does not assume any liability for sickness, illness, adverse reactions to food purchased on the Platform.

 

Further information and terms can be found in the Restrictions & Shipping Conditions terms.

The Seller acting in a professional capacity undertakes to comply with the legal and regulatory provisions relating to online and distance selling. 

In this regard, and with the exception of the guarantee offered by YACHTNEEDS, the Seller is primarily bound by the legal warranties that the Products meets the description, are fit for purpose and of a satisfactory quality. 

Each refund, irrespective of the reason, will be made via the intermediary of YACHTNEEDS which will have the right to refuse it in agreement with the Seller if the transaction is not eligible for a refund under the Full Satisfaction Guarantee. 

YACHTNEEDS cannot be involved in the guarantees assumed by the Sellers in any way.

YACHTNEEDS as the operator of the Platform, connects Buyers and Sellers, however YACHTNEEDS is a third party to the relationship between the Seller and Buyer, it does not hold any stock, manage the dispatch of stock, nor manage the delivery of the Products.

Products, prices and the offer to sale the Products (description, images, availability and sourcing timeframe, etc.) are uploaded by the individual Sellers without warranty from YACHTNEEDS or a guarantee of the Products’ accuracy or authenticity.

 

YACHTNEEDS is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Platform is provided 'as is', with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.

YACHTNEEDS endeavours to only work with reputable Sellers who will strive to accurately process and fulfil Orders requests accordingly to the chosen delivery method and to constantly keep their stock counts accurate on the Platform. However, it cannot ensure that a Buyer or a Seller will complete the transaction or is authorized to do so.

Without prejudice to the User’s rights and warranties available under the law, YACHTNEEDS has put a commercial guarantee in place, the Full Satisfaction Guarantee, in order to facilitate the resolution of potential disputes which arise between the Buyers and Sellers, should they not reach an amicable solution. The Buyer shall first read the warranties offered by the Seller as given either in the description of the Product and/or the Seller’s Terms and Conditions of Sales. The YACHTNEEDS Full Satisfaction Guarantee is applicable only to specific cases and for the eligible transactions, after having attempted to reach a satisfactory solution between Buyer and Seller. 

YACHTNEEDS will determine, in its sole discretion, whether the claim is eligible for a refund under YACHTNEEDS Full Satisfaction Guarantee and in which terms will the refund be issued. If necessary, to proceed with the review, YACHTNEEDS might ask the Buyer and the Seller to provide some evidence in support of their statement. The Buyer might be also asked to return the Product at its own expenses (depending on the reason of the claim, as detailed below) and the Seller is therefore required to accept the return.

YACHTNEEDS Full Satisfaction Guarantee may apply when the Buyer experience these specific problems with a purchase, according to the situation and the Product ordered:

 

- Order Not Received: the Order has not been delivered.

- Product Missing: the Order is delivered but some Products are missing.

- Product Not as Described, Defective or Damaged: the received Product significantly does not correspond to the ordered one, or is defective or damaged.

- For Buyers acting as consumers only: 14 Days Return: the received Product corresponds to the ordered one, but the Buyer has changed his/her mind and wishes to return it.

Certain categories are subject to special conditions, as described in Article 10.4. Exceptional categories with special conditions of this Terms of Service.

10.2.1. - Order Not Received claim
The Order Not Received claim may not qualify for a refund under YACHTNEEDS Full Satisfaction Guarantee if:

- The Seller or the logistic partner has provided a valid proof of delivery.

- The Order has been delivered to the Buyer’s address by the Seller or on his behalf (Delivery by the Seller’s Own Transport) and the Buyer has signed the ‘Order Release Form’ (as described in Article 10.4.1.). 

-  The Buyer has collected the Product from the Seller’s Store (Pick Up from the Seller’s Store) and signed the ‘Order Release Form’ (as described in Article 10.4.1.).

10.2.2. - Product Missing claim
An Order may be eligible for the Product Missing claim if the Buyer purchased a certain number of Products but did not receive them all.

The claim does not qualify for a refund under YACHTNEEDS Full Satisfaction Guarantee if:

- The Seller faced a stock discrepancy situation, and the Buyer has accepted to have the missing Product shipped separately once the stock becomes available or a partial refunded has been issued for the missing Product.

- The Order has been delivered to the Buyer’s address by the Seller or on his behalf (Delivery by the Seller’s Own Transport) and the Buyer has signed the ‘Order Release Form’ (as described in Article 10.4.1.).

- The Buyer has collected the Product from the Seller’s Store (Pick Up from the Seller’s Store) and signed the ‘Order Release Form’ (as described in Article 10.4.1.).

10.2.3. - Product Not as Described, Defective or Damaged claim
A Product may be considered Not as Described, Defective or Damaged if:

- The Product is materially different from the Seller's description of it.

- The Product received is completely different.

- The Product is missing major parts or features, and those facts were not disclosed in the description of the Product when purchased.

- The Product was damaged or broken when delivered.

- The Product is defective, faulty, and unusable in its received state and was not disclosed as such.

The claim does not qualify for a refund under YACHTNEEDS Full Satisfaction Guarantee if:

- The Order has been delivered to the Buyer’s address by the Seller or on his behalf (Delivery by the Seller’s Own Transport) and the Buyer has signed the ‘Order Release Form’ (as described in Article 10.4.1.).

- The Buyer has collected the Product from the Seller’s Store (Pick Up from the Seller’s Store) and signed the ‘Order Release Form’ (as described in Article 10.4.1.).

- The defect was correctly described by the Seller in the Product description, the Buyer being therefore aware of the defect and Ordering the Product knowingly.

- The Product was damaged after the delivery took place.

It is the Buyers’ responsibility to contact YACHTNEEDS Customer Support beforehand should they have any doubt concerning the Product they intend to purchase. The team will liaise with the Seller to get the necessary information and ensure a safe transaction.

10.2.4. - 14 Days Return claim
Buyers acting as consumer, have the right to cancel and return any unwanted Product within 14 days from receipt of the Order, for any reason and without justification. This applies if the Order has been delivered and all Products are correct and as described. This excludes products ordered from a 3rd party or items that have been refurbished specifically for a buyer.

If the reason of the claim falls under the 'Product Not as Described, Defective or Damaged claim' scenarios, it is recommended to escalate it as such, for YACHTNEEDS to acknowledge the issue and take due action.

 

Once the Product concerned is returned according to Section 10.3.2 below, YACHTNEEDS will reimburse the Buyer for all payments it has received for the Products as soon as practicable within the time specified in Section 7.4 above. YACHTNEEDS will proceed with the reimbursement using the same means of payment as the one used by the Buyer for the Order, unless the Buyer expressly agrees on another means.

The Buyer is required to report any issue with an Order to YACHTNEEDS Customer Support according to the process and timeline below. YACHTNEEDS will first act as an intermediary and will escalate the dispute to the Seller, who is asked to propose a solution based on the same Seller Terms and Conditions of Sales. 

If no mutual agreement is reached or no answer is received by the Seller within a reasonable timeframe both parties can ask YACHTNEEDS to intervene and review the claim under the Full Satisfaction Guarantee conditions.

10.3.1. How to report a problem
To report a problem and initiate the resolution process under the Full Satisfaction Guarantee, the User is required to acknowledge and follow these steps, or the claim may be closed in favour of the counterparty:

Step 1: Open a dispute with the Seller, through YACHTNEEDS.
The Buyer needs to report the issue to YACHTNEEDS Customer Support by clicking the Open a Dispute button at step 5 (recommended) or, by phone, Live Chat, email (support@yachtneeds.com) within 14 days from the receipt of the Order or within 10 days from the payment in case of Order Not Received dispute. YACHTNEEDS will escalate the feedback to the Seller who is required to propose a solution according to his/her Terms and Conditions of Sale.

If no response and satisfactory solution is proposed within 3 business days, both the Seller and the Buyer can ask YACHTNEEDS to step in (step 2) for a final review and decision. In case of no response, the case might be closed in favour of the counterparty.

Step 2: Escalate the claim to YACHTNEEDS.
YACHTNEEDS will review the claim and make a final decision at its own discretion, according to the herein Full Satisfaction Guarantee terms.

Step 3: Respond to YACHTNEEDS' requests for documentation or other information.
To establish if the transaction is eligible for a refund under the Full Satisfaction Guarantee, YACHTNEEDS might request additional information to both Parties such as proof of shipment, photos, receipts, third party evaluations, or other documents in support of the User statement. Users are required to respond in a timely manner and within the deadlines communicated by YACHTNEEDS throughout the process.

Step 4: Comply with YACHTNEEDS's shipping requests in a timely manner.
Depending on the reason for the claim, YACHTNEEDS may require the Buyer to return the Product to the Seller, to YACHTNEEDS or to a third party (which will be specified by YACHTNEEDS) at his/her own expenses and to provide proof of delivery. The returned Product must be in the same condition, include all accessories and re-packaged securely.

Step 5: YACHTNEEDS final decision.
After having reviewed all evidence and communications, YACHTNEEDS will make a final decision (including automatically closing any dispute or claim), at its sole discretion, based on the eligibility requirements set forth above.

Should YACHTNEEDS agree to issue a full or partial refund, this will be made to the same method as the original payment and within the time specified in Section 7.4..

10.3.2. Returning a Product
Depending on the reason of the claim, the Buyer might be asked by the Seller or YACHTNEEDS to return the received Product to the Seller, to YACHTNEEDS or to a third party.

To be eligible for a refund under the Seller Terms and Conditions of Sale or YACHTNEEDS Full Satisfaction Guarantee, the Buyer is required to follow these important guidelines:

- Return the Product only once agreed with the Seller (though YACHTNEEDS Customer Support) or YACHTNEEDS. Returning a Product, without having consulted the Seller (through YACHTNEEDS Customer Support) or YACHTNEEDS, may prevent the Buyer from receiving a refund.

- The return shipping address and necessary instructions will be communicated by YACHTNEEDS in due course.

- In case of 'Product Not as Described, Defective or Damaged' claim the returned Product must be in the same condition and include all accessories received. The Product must be repackaged securely, possibly in the original packaging.

- In case of or '14 Days Return' claim the returned Product must be undamaged, in the same new and unused condition. The Product must be repackaged securely in the original packaging and include all accessories received.

- When returning a Product, it is highly recommended to use a trusted and tracked system. If a package does not arrive to the Seller and the Buyer has not use a trackable method, the transaction may not be eligible for a refund.

- Depending on the reason of the claim, the Buyer might be asked to take charge of the return shipping fees and to arrange his/her shipping.

- YACHTNEEDS reserves the right to initiate the refund only once the Product has been returned and checked by the Seller.

- Depending on the reason of the claim, restocking fees and shipping fees may apply to the Buyer. If restocking fees apply the Seller (through YACHTNEEDS Customer Support) or YACHTNEEDS are required to inform the Buyer.

While YACHTNEEDS endeavours to resolve any issue related to an Order, there are some Product categories that are subject to specific conditions and are not eligible for a review under YACHTNEEDS Full Satisfaction Guarantee.

Depending on the reason for escalation, we can have different scenarios:

- Eligible for YACHTNEEDS Full Satisfaction Guarantee: if there is no mutual agreement between the Buyer and Seller, the dispute can be escalated into a claim for YACHTNEEDS to determine a solution, in its sole discretion and according to the Full Satisfaction Guarantee process.

- Only eligible for Seller Terms and Conditions: only the Seller refund policy is applied. If there is no mutual agreement between the Buyer and Seller, the dispute cannot be escalated into a claim under YACHTNEEDS Full Satisfaction Guarantee. The Order is not eligible for a review under YACHTNEEDS Full Satisfaction Guarantee. YACHTNEEDS is not responsible for the individual Sellers’ Terms and Conditions of Sale, including their refund and return policy.

- Not Eligible: neither the Seller nor YACHTNEEDS are required to provide a solution in case of problems with the Order.

YACHTNEEDS recommends reviewing and acknowledging the scenarios below before placing an Order.

10.4.1. Order collected from the Seller Store or delivered by/on behalf of the Seller

- Order Not Received claim: not eligible

- Product Missing claim: not eligible

- Product Not as Described, Defective or Damaged claim: not eligible

- 14 Days Return claim: eligible for YACHTNEEDS Full Satisfaction Guarantee

 

Upon delivery and collection the Buyer will be asked by the Seller to sign a ‘Order Release Form’. By signing this document, the Buyer declares that the Product corresponds to the Order, that it is in good condition and with no defects. By doing so, the Buyer releases all responsibilities from the Seller and YACHTNEEDS.

If the Buyer is not satisfied with the presented Product (different Product, damaged, defective, missing Products) he/she is recommended to immediately share any concerns with the Seller to find a solution and to contact YACHTNEEDS Customer Support by phone for help: +33 (0) 640 62 81 83.

The Buyer is required to sign the ‘Order Release Form’ only if he/she is satisfied with the Product and he/she is therefore collecting the Order.

10.4.2. Wine and Spirits
Due to their origin, claims related to wines and spirits follow specific conditions, as follows:

*Special conditions applicable by YACHNTEENDS and the Seller:

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10.4.3. Handmade and Customisable Products
Claims for custom and handmade Products that have been specifically personalised, including any configurations, inscriptions, or designs (such as engravings, stamps, monograms, embroidery, embossing, etching or carving) follow specific conditions, as follow:

*Special conditions applicable by YACHNTEENDS and the Seller:

10.4.4. Electrical Parts and Tools
Claims for Electrical Parts and Tools follow specific conditions, as follows:

10.4.7. Intangible Products and Services

 

10.4.8. Specialised Orders (ordered by the Seller from a 3rd party)
Claims for specialised Products sold by the Seller, which have been specifically ordered by the Seller from another party (3rd party), follow specific conditions, as follows:
Note: products, sourced, ordered from a 3rd party or refurbished items are not refundable.

 

10.4.9. Products under Manufacturer’s Warranty
If a Product appears to be defective more than 14 days after receipt of the Order, it might be eligible for the warranty and repair service according to the Seller Terms and Conditions of Sale, which are outside YACHTNEEDS' control. The Buyer can escalate any feedback to the Seller through YACHTNEEDS Customer Support however this will not be able to provide any warranty service as such.

If the Buyer wants to cancel a paid Order, it is important that YACHTNEEDS Customer Support is informed as soon as possible. YACHTNEEDS will lease with the Seller and UPS (if the Order was shipped with UPS) to confirm the Order status and define weather the Order can be cancelled. The decision will entirely rely on the Seller and YACHTNEEDS, based on the dispatch and shipping status.

YACHTNEEDS has implemented a rating system on the Platform enabling the Buyer to leave an opinion on the purchased Product and on his or her buying experience on the Platform.
 

Should Users accept to leave a testimonial on the marketplace, this will be published on the dedicated section of the Platform (currently the homepage) together with the personal details and photo submitted to the Provider. The Provider might share the same information on the relevant social media pages.

The User can ask anytime the Provider to stop sharing the testimonial, by contacting YACHTNEEDS Customer Support.

Any User who does not have a Personal Account and wishes to receive the YACHTNEEDS newsletter must register online. To subscribe to the newsletter, the User must enter his/her email address in the corresponding field.

Any use, reproduction, copy, distribution of one or more elements of the Platform for anything other than private use is banned.
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All of the content and Services of the Platform, including to an unlimited extent, the domain name, text, artwork, graphics, photographs, illustrations, sounds, images, audio and video, but also the structure, site map, design and organisation of its sections, their headings, existing or upcoming, is protected by intellectual  property and/or commercial rights, held, claimed, or licensed by YACHTNEEDS, with the authorisation of the holders of these rights, and if necessary, of the Sellers and/or its Partners.

YACHTNEEDS grants all Users a non-exclusive, personal and non-transferable right to use the Platform and the Services for their personal use. This right is granted for the length of time the Platform is used.

 

This granting of rights does not constitute the transfer of any intellectual property and/or commercial right to the User.

Consequently, all Users are banned from reproducing in any format, directly or indirectly, the elements referred to in the previous paragraphs, as well as altering brands, patents, names, abbreviations, logos, colours, graphics or other trademarks featuring on the elements provided by YACHTNEEDS and more generally use or exploit these elements.

YACHTNEEDS is the producer and owner of all or part of the databases, their structure and their content comprising the Platform subject to the respective rights held by the Sellers and/or its Partners.
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By accessing the Platform, the User acknowledges that the data comprising it is legally protected, and, that he or she is banned from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, in any medium, by any method and in any format, all or partially qualitatively or quantitatively substantial, of the content of the databases featuring on the Platform to which he or she has access, as well as repeatedly and systematically extracting or reusing qualitatively and quantitatively non-substantial parts if these operations manifestly exceed the conditions of normal use.

YACHTNEEDS primarily holds the copyrights to the term ‘YACHTNEEDS’ and the associated logo(s) in the European Union. Any use of the trademark ‘YACHTNEEDS’ and any other trademarks, figurative or not, belonging to YACHTNEEDS or to third parties without prior express consent exposes the User to criminal and/or civil proceedings.

The content of the Product factsheets, primarily including all photographs, text, illustrations, images and/or videos describing the Products sold on the Platform, are put online by the Sellers at their sole responsibility. 

Consequently, the User shall not hold YACHTNEEDS liable in the case where the content of the Product factsheets provided by the Sellers infringe the rights of third parties. 

In the event of proven infringement of the rights of a third party with respect to the publication of all or part of a Product factsheet on the Platform, YACHTNEEDS undertakes to endeavour to promptly take measure to stop this infringement as soon as it is aware of it and withdraw the litigious content from the Platform.

YACHTNEEDS, in its capacity as operator of the Platform, acts as an intermediary for connecting Sellers, Users and Buyers on the Platform.

In its capacity as host, YACHTNEEDS shall not be liable as a result of activities or information stored on the Platform if it has no knowledge of their illicit nature or any facts or circumstances making this character come to light or if, from when it became aware of it, it has acted promptly to withdraw this data or to render access to it impossible.

Consequently, YACHTNEEDS is not liable with respect to:

- The Product Cards and Seller Overviews, and more broadly all content and/or information provided by the Sellers on both the features of the Products and their condition or their price, the Sellers being solely liable for the proper performance of their legal precontractual information obligations with the Buyers, as well as the accuracy and completeness of the information and content that it provides and whether it is up-to-date, except for when it is established that YACHTNEEDS is at fault.

- The opinions posted by Buyers following their Orders.

Furthermore, YACHTNEEDS is not subject to a general obligation to monitor the information transmitted by the Sellers and stored on the Platform on their account.
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Furthermore:

- The Products are sold by the Sellers on the Platform at their sole liability.

- YACHTNEEDS is not party to the sales contract concluded between the Buyers and Sellers when Orders are placed nor is it the Seller’s agent.

- YACHTNEEDS has no control neither it is a party to the shipping contract between Seller, the carrier and the Buyer. It has no liability regarding the proper shipment of the Products, custom formalities and controls, import and tax duties, which are solely governed by the Seller’s Terms and Conditions of Sale.

Consequently, YACHTNEEDS would not be held liable for any disputes linked to Orders placed via the Platform, except if it is established to be at fault.

 

The User expressly acknowledges that the use of the Platform is under its sole responsibility. No advice or information, whether oral or written, obtained by the User is likely to create guarantees not expressly provided for in these TOS, nor to entail the liability of YACHTNEEDS for damages, of any kind whatsoever, caused to the User or a third party due to the misuse of the Platform, in violation of the provisions of this article and more generally of non-compliance with this TOS. 

In particular, YACHTNEEDS shall not be liable:

-   In case of errors, omissions, misrepresentations or any other misconduct of a Seller in executing the Order and/or delivering the Products and/or customer service.

- In case of deletion, no storage capacity, incorrect or inopportune transmission of information or data appearing on the Platform or resulting from the Services.

- In case of damages incurred by the User linked to the performance or non-performance of the Services of the Platform.

- In case of damage likely to result from downloading or using the information or data available on the internet via the Services of the Platform, such as damage caused on IT systems, data losses.

When navigating the Platform and using the Services which are offered there, personal data concerning Users is collected and processed by YACHTNEEDS. 
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For more information on the processing of personal data carried out in this context, Users can consult YACHTNEEDS data protection policy, accessible here.

YACHTNEEDS is enabling any User to report any publication of an illegal nature on the Platform, in particular any content promoting crimes against humanity and acts of terrorism, inciting racial hatred and hatred of people because of their gender, their sexual orientation or identity or their disability, as well as child pornography, inciting violence (in particular, inciting sexual and sexist violence), as well as undermining human dignity in order to enable the removal of the content in question. 

Any User can also request that YACHTNEEDS removes content protected by intellectual property rights. 

To request the removal of content, the User must send a letter to YACHTNEEDS’s legal team at the address: YACHTNEEDS –Legal Department; Est-Ouest, 24 Boulevard Princesse Charlotte, 98000 Monaco, providing the following information: 

- For natural persons: their surname, forename, residence and telephone number.

- For legal entities: their name, company name, address, telephone numberand the identity of their legal representative.

- A description of the illegal content.

- The reasons for the withdrawal request of the illegal content, including the Legal provisions and justification for the facts.

- The date on which the illegal content was noticed.

- The URL of the illegal content.

 

Article 18 - Disputes and applicable law

All of these Terms of Service are governed by Monegasque Law,, excluding all other legislation and without regard to the jurisdiction’s choice of law rules. Any disputes arising out of any transaction with us are subject to the exclusive jurisdiction of the Courts of Monaco. 

In compliance with the applicable legislation, the Buyer acting as a consumer, may bring an action in the jurisdiction of the place where he or she resides at the time the contract is concluded, or the damage occurs in addition to one of the competent jurisdictions.

The European Commission provides EU consumers with an online dispute resolution platform to resolve disputes amicably. Consumers can lodge a complaint on the following link: http://ec.europa.eu/consumers/odr/.
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