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General Terms and Conditions of Sale (GTCS) — Yacht Spares APP

Last updated: 4 July 2025

The present General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern the contractual relationships between:

The company INC MCCO, operator of the mobile application Yacht Spares APP, whose registered office is located at [full address to be inserted], registered with the Trade and Companies Register of [city] under the number [SIRET to be completed] (hereinafter referred to as "the Seller"),

And

Any professional user (captain, yacht manager, chief engineer, representative or owner of a yacht over 30 metres) using the services offered via Yacht Spares APP (hereinafter referred to as "the Client").

1. Subject

The purpose of these General Terms and Conditions is to define the conditions under which Yacht Spares APP provides customised quotes, as well as the sale and delivery of spare parts, equipment or nautical supplies intended for professional yachts.

2. Operation of the Application

The application allows the Client:

  • to submit requests for quotes,
  • to receive a personalised offer,
  • to validate an order,
  • to organise a delivery.

⚠️ The stock visible in the application is not in real-time. Each request is subject to manual verification and validation by the INC MCCO teams.

3. Quotation & Order

  • Quotes are free and without obligation, unless stated otherwise.
  • Each quote is valid for 7 calendar days from the date of issue.
  • A order is considered firm upon written confirmation of the quote by the Client (email, electronic signature, or agreement via the app).
  • Any order implies the full and unconditional acceptance by the Client of these General Terms and Conditions.

4. Price & Payment

  • The prices are expressed in euros excluding VAT.
  • Transport, insurance, customs or handling charges may be added.
  • Unless otherwise agreed, payment is due in full at the time of order.
  • In the event of late payment, penalties of 10% will be automatically applied after a formal notice remains ineffective for 5 days.

5. Delivery

  • The deadlines are provided for guidance only, depending on suppliers and carriers.
  • Deliveries are ensured within the geographical area covered by the Seller, particularly between Genoa and Marseille.
  • The transfer of risks occurs as soon as the goods are handed over to the carrier.
  • In the event of damage or non-compliant packages, the Client must notify their reservations within 48 hours of receipt.

6. Complaints & Returns

  • Claims must be made within 5 working days of receipt.
  • No returns will be accepted without prior agreement from the Seller.
  • Custom or yacht-specific products are neither returned nor exchanged, except in the case of a proven defect.

7. Warranties & Liability

  • The parts are covered by the manufacturer's warranty if applicable.
  • INC MCCO disclaims all responsibility in the event of a reference error or incompatibility arising from poor communication of information by the Client.
  • In any case, the Seller's liability is limited to the amount of the order in question.

8. Personal Data

The collected data is processed solely for the management of quotes and orders. It is neither sold nor used for external commercial purposes.

They are protected in accordance with the General Data Protection Regulation (GDPR).

9. Intellectual Property

All elements of the Yacht Spares APP (code, interface, search engine, logo, databases, content) are protected by intellectual property legislation and remain the exclusive property of INC MCCO.

10. Force Majeure

INC MCCO shall not be held responsible in the event of an unforeseen and irresistible event (force majeure) affecting its ability to fulfil an order (strike, war, natural disaster, customs blockage, supplier disruption, etc.).

11. Applicable Law & Disputes

The present General Terms and Conditions are governed by French law.

In the event of a dispute, an amicable solution will be sought as a priority.

Failing that, the commercial court of Nice will be the sole competent authority.