General sales conditions

YOU ARE NOW CONNECTED TO THE SHOPPING SITE OF SPBI SAS., HEREINAFTER REFERRED TO AS« BENETEAU ».

BEFORE PROCEEDING, PLEASE NOTE THAT THESE TERMS AND CONDITIONS GOVERN ONLY BENETEAU’S SALE OF PRODUCTS THROUGH ITS BOUTIQUE ON THIS SITE.

THESE PRODUCTS ARE SOLD NEW.

THESE TERMS AND CONDITIONS APPLY TO THE EXCLUSION OF ANY OTHERS, PARTICULARLY THOSE APPLICABLE TO SALE OF THESE PRODUCTS IN BENETEAU’S PREMISES OR AT BOAT SHOWS.

AFTER FILLING YOUR BASKET, YOUR « DOUBLE CLICK » WILL BE DEEMED TO BE THE VALIDATION OF YOUR ORDER AS WELL AS YOUR IRREVOCABLE ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS.

ARTICLE 1 – PRICES

1.1- You reside in France

The prices of our products are indicated on our site in euros, VAT included. They do not include the carriage cost.

The carriage costs depend on the delivery address and the weight of your order.

1.2- Your reside outside of France

The prices of our products are indicated on our site in euros, VAT included (at the applicable French national rate). They do not include the carriage cost.

All orders, regardless of their geographical origin, are due and payable in euros.

The charges for carriage cost depend on the delivery address and the weight of your order.

You are completely responsible for payment of customs duties or other taxes that might be due by virtue of local or national legislation to which you are subject; and all declarations and payments to the authorities and/or bodies of your country that have jurisdiction over such matters are your responsibility.

ARTICLE 2 – ORDER

2.1- You can order our products on: www.beneteau.com.

2.2- Our precontractual information is provided in French and English. .

2.3- Our contractual information will be confirmed in writing upon or before delivery.

You must first create a customer account if you have not previously placed orders on our site, or enter your customer account if you already have one.

Select from our on-line catalogue the product (s) in which you are interested by adding them to your virtual basket.

Once your basket is filled, visualise your order by clicking on « I order ».

Your order appears on the screen with the number of your purchase order.

Your may verify your data and your delivery address, and change them if necessary.

You may again return to your basket and change your order by clicking on «your selection ».

If your basket contains the desired articles, you can validate your order by clicking on

«Confirm and pay for your order».

When you click on the button « Confirm and pay for your order» after the order procedure, you declare your full and unconditional acceptance of the order as well as all of the General Terms and Conditions. The data recorded by BENETEAU, and the written confirmation of our contractual information that we send, constitute the evidence of conclusion of the contract between BENETEAU and you.

The contract is deemed to be completed when you receive by electronic mail the acknowledgement of receipt of your order described hereinabove. However, the execution of your order occurs only upon expiration of the period provided for the exercise of your right of retraction.

You can print your purchase order.

« For all remote sales, the purchaser has seven clear days from delivery of his order within which to return the product involved to the seller for exchange or reimbursement, without penalties, except for the cost of return» (Consumer Code, article L 121-16).

To exercise this right, you simply return the product with the related purchase order, by indicating in writing whether you desire to be reimbursed or have this product exchanged.

If you desire to be reimbursed, the sums that you have paid for the returned product will be refunded to you within 30 days after said return, the date of postage serving as the proof thereof.

3.1- Our products are offered subject to their availability in stock.

3.2- If our products are not available after the placement of your order, you will be informed by letter or electronic mail as promptly as possible. You will then be able to cancel or change your order on: www.beneteau.com.

4.1 – The delivery schedules are indicated in the purchase order, and depend on the country of delivery.

For France, our delivery schedules are:

4.2- Delivery is made to the address that you indicate when placing your order.

4.3 – Defective delivery

We draw your attention to the fact that, before signing the delivery slip, you must verify the state of the merchandise at the time of delivery.

In the event of abnormal delivery, you must express your reservations in handwriting on the delivery slip (abnormality, damaged product…), with your signature thereon. You must also confirm your reservations to the carrier by registered letter with an acknowledgement of receipt within three business days of receipt of the product (s). You must transmit a copy of this confirmation to CHANTIERS BENETEAU S.A. – BOUTIQUE – Z.I. des Mares – BP 66 – 85270 Saint Hilaire de Riez – France.

Products that are delivered damaged must be returned to the aforesaid address within fifteen business days after delivery and, to the extent possible, in its original condition (packaging, notice…).

Any complaint submitted after the aforesaid deadlines will not be considered.

4.4 – Defective conformity and quality of the ordered product

Any product whose character is defective or nonconforming shall be reimbursed or exchanged.

Any complaint regarding products that do no correspond to your order (error of delivery, non-conforming products, etc.) must be submitted by e-mail, fax or registered letter with acknowledgement of receipt within seven days after delivery. You must indicate your name and address, the delivery slip number and the product references appearing on the delivery slip. No complaint will be considered after the deadline.

Complaints are received:

According to your preference, BENETEAU will exchange the product (s) or refund the

Purchase price.

To the extent possible, a defective or non-conforming product must be returned in its original condition (packaging, notice…).

4.5- In any event, you benefit from:

4.5.1 – The legal warranty against hidden defects pursuant to article 1641 et seq. of the Civil Code.

Article 1641 of the Civil Code: «The seller is bound to warrant against hidden defects in a sold product that make it unfit for its intended purpose, or that diminish its use to such an extent that the purchaser would not have acquired it, or would have paid the lowest possible price, if he had known of the existence of such defects».

Article 1648, paragraph 1: «An action based on totally unacceptable defects must be initiated by the purchaser within two years of discovery thereof».

4.5.2 – The legal warranty against non-conformity pursuant to article L 211-4 et seq. of the Consumer Code.

Article L 211-4: «The seller is bound to deliver a product in conformity with the contract, and answers for any non-conformity that exists upon delivery.

The seller also answers for non-conformity due to packaging or instructions for assembly or installation for which it is responsible by virtue of the contract, or which it executes under its own responsibility».

Article L 211-5: «To be in conformity with the contract, the product must:

1° be suited for the use that is usually expected from a similar product and, when applicable:

2° or have the characteristics defined between the parties, or be suited to any special use intended by the purchaser, which was brought to the seller’s attention and which the latter duly accepted».

Article L 211-12: «An action based on non-conformity shall be initiated within two years of delivery ».

Payment is made in cash upon placement of the order, to CHANTIERS BENETEAU S.A., as follows:

BENETEAU remains the owner of sold products until full collection of the principal price and ancillary expenses.

The transfer to the purchaser of risks of loss or damage occurs upon delivery of the products by the carrier to the purchaser.

The display and content of this site constitute a work protected by the applicable legislation regarding intellectual property, and are owned by BENETEAU. No reproduction and/or representation shall be made in whole or in part without BENETEAU’s written authorisation beforehand.

Any use of BENETEAU brand name or its derivatives is prohibited.

ARTICLE 9 – LIABILITY

The products that are offered comply with the French legislation in effect and with the standards applicable in France.

Photographs, texts and graphics illustrating the displayed products are not contractual. Therefore, BENETEAU disclaims all liability for errors or omissions in any of said photographs, texts or graphics.

BENETEAU shall not be held liable for failure to execute the concluded contract in the following events or circumstances that are beyond its control and which prevent it from meeting its commitments, without being limited thereto : shortage of inventory or unavailability of products, force majeure, total or partial disturbance or strike, particularly of postal services and means of transport or communications, flood, fire, mobilisation, embargo, insurrection, restriction of employment or energy.

By virtue of the Act regarding Computerized Data Processing and Personal Rights of 6 January 1978, you have the right to access, modify, rectify or delete your personal data.

You may exercise such right by contacting BENETEAU – BENETEAU – Z.I. des Mares – BP 66 – 85270 Saint Hilaire de Riez – France, or by e-mail to info.boutique@beneteau.fr.