I. About us
Dubai Yacht Rental (hereinafter the “Company”) whose registered in Dubai UAE
II. Preamble
The Company invites Users to carefully read these General Terms and Conditions of Sale (hereinafter the “GTCS”). Placing an Order implies acceptance of the GSC. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take this into account before making a purchase. The photographs or graphics presented on the Web Site are not contractual.
The Customer acknowledges that he/she has read them and accepted them by ticking the appropriate box before placing his/her online Order.
The General Terms and Conditions of Sale are systematically communicated to the Customer who requests them.
In the event of any subsequent amendment to the GTC, the Customer shall be bound by the version in force at the time of the Order.
III. Definitions
“Customer” refers to the Professional or Consumer who has placed an Order for a Product sold on the Web Site;
“Order” refers to any order placed by a User registered on the Site;
“General Terms and Conditions of Sale” or “GTC” refers to the present general terms and conditions of use and online sales;
“Consumer” refers to the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;
“Products” refers to the material things that can be appropriated and that are offered for sale on this Site;
“Professional” refers to the buyer who is a natural or legal person acting in the context of his professional activity;
“Site” means this website, i.e. Dubai-yacht-rental.com;
“Company” means Dubai-yacht-rental.com and “User” means any individual or entity using this Website;
IV. Registration
Registration on the Website is open to all individuals or legal entities of full age and with full legal capacity.
The use of the Site is conditional on the registration of a User. Registration is free of charge.
In order to register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
Each User, whether a legal entity or an individual, may only have one account on the Site.
In the event of non-compliance with the GTC, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC, the offending User is expressly prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the Company’s express authorisation.
V. Orders
Orders may only be placed once the User has registered on the Site. The User may add Products to his virtual basket when he is logged in to his account. The User can then access the summary of his/her virtual basket in order to confirm the Products he/she wishes to order and place his/her Order by pressing the “Order” button.
The Customer shall enter an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.
The Company may grant the Client price reductions, discounts and rebates depending on the number of Products available on the Web Site or on the regularity of the Orders, in accordance with the conditions set by the Company.
VI. Products and prices
The Products covered by the GTCS are those which appear on the Site and which are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is subject to the Company’s available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes (TTC), excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order.
Under no circumstances shall a User be entitled to demand the application of discounts that are no longer in force on the date of the Order.
VII. Terms of payment
Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company shall be free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
Credit card via a secure connection.
IX. Complaints
For all Orders placed on this Site, the Client has the right to make a claim within 14 days of receiving the Product. It is the Client’s responsibility to check the apparent condition of the Products upon delivery. If no reservations are expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
In order to exercise this right of complaint, the Client must send the Company, at contact@dubai-yacht-rental.com, a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (receipt form countersigned by the carrier, photographs, etc.). A complaint that does not comply with the conditions described above cannot be accepted.
The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
X. Consumer’s right of withdrawal
The Consumer has a right of withdrawal of 14 days as from the placing of the Order.
To exercise this right of withdrawal, the Consumer shall send a statement to the following address: contact@dubai-yacht-rental.com
The Products must be returned in their original packaging and in perfect condition within 7 days of the Consumer notifying the Company of the withdrawal. The direct costs of returning the Products shall be borne by the Consumer.
The Consumer shall be reimbursed for all costs paid for placing the Order within 10 days of the Company becoming aware of his/her declaration of withdrawal.
The refund will be made by the same means of payment as that used for the purchase.
XI. Transfer of risk and ownership
The Company retains a right of ownership over the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company as compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks takes place upon delivery or when the goods are collected from the shop if the Client has chosen in-store delivery.
XII. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
“The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
“The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which so diminish that purpose that the buyer would not have purchased them, or would have paid a lower price for them, if he had known of them.
XIII. Modifications
The Company reserves the right to modify the Website, the GTC and any delivery procedure or other element of the services provided by the Company through this Website.
When an Order is placed, the User is subject to the provisions set out in the GTCs in force at the time the Order is placed.
XIV. Information Technology and Civil Liberties
The personal data requested from the Customer is strictly necessary for the processing of the Order.
This information may be communicated to partners in charge of processing Orders. The User may therefore receive information or commercial offers from the Company or its partners.
This data processing has been declared to the CNIL.
The Client has, at any time, the right to access, rectify and oppose all of his personal data by writing, by mail and proving his identity, to the following address: contact@dubai-yacht-rental.com. The user may at any time oppose the receipt of commercial offers by writing to the address indicated above or by clicking on the link provided for this purpose in the e-mails received.
To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to place a “cookie” file on the User’s hard disk.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the user’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
XV. Responsibility
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it does everything in its power to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons that are beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.
XVI. Intellectual property
The brand, the logo and the graphic charter of this Site are registered trademarks with the INPI and are intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.
XVII. Jurisdiction clause
The law governing the GTC is the law of the United Arab Emirates. Any dispute that may arise between the Company and a User during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.
XVIII. Acceptance of the GTC
The Customer or the User expressly accepts the GTC.
The Consumer acknowledges having been informed of the information and details of the Consumer Code, and in particular
-the essential characteristics of the Product ;
-the price of the Products;
-the date or period within which the Company undertakes to provide the Service;
-the information relating to the identity of the Company (postal, telephone and electronic contact details)