GENERAL TERMS AND CONDITIONS OF SALE
YACHT SPARES APP — INC MCCO
Version of 25 August 2026
1. Identification of the seller
These General Terms and Conditions of Sale ("GTCS") are those of:
INC MCCO, a Simplified Joint Stock Company (SASU) with a capital of 2,000 euros, registered with the Nice Trade and Companies Register under the number 987 869 526, operating notably under the trade name YACHT SPARES APP,
Head office: At SARL Alp'Azur Conseils, 25 Rue Villarey, 06500 Menton, France
VAT number: FR85987869526
Email: account@yachtspares.app
Hereinafter referred to as "YACHT SPARES APP", "YSA" or the "Seller".
2. Purpose and scope
These GTCS govern the sale of products and, where applicable, associated services carried out by YACHT SPARES APP to clients acting exclusively within the framework of their professional activity.
YACHT SPARES APP notably engages in research, sourcing, purchasing, resale, import, export, and distribution of spare parts, equipment, consumables, and products intended notably for yachts, ships, and the nautical industry.
These general terms and conditions apply in particular to orders placed by owners or companies owning yachts, yacht managers, management companies, captains, Chief Engineers, crews acting on behalf of a professional, shipping agents, shipchandlers, shipyards and other professionals.
Any order implies the full and unconditional acceptance of these general terms and conditions by the Client, who acknowledges having read them before placing the order.
The purchasing conditions or other documents issued by the Client shall not prevail over these general terms and conditions, unless expressly accepted in writing by YACHT SPARES APP.
3. Quotes – Prices – Validity Period
Unless expressly stated otherwise on the quote, quotes issued by YACHT SPARES APP are valid for thirty (30) calendar days from their date of issue.
Prices are indicated in the currency mentioned on the quote, excluding taxes or including all taxes as indicated on it.
Transport, packaging, handling, insurance, customs, management, or any other additional costs may be charged separately when they are not expressly included in the proposed price.
Prices are established based on the rates, availability, exchange rates, transport costs, and other information provided by manufacturers, distributors, suppliers, and carriers at the time of the quote.
YACHT SPARES APP reserves the right to correct any material error or obvious pricing error affecting a quote before the acceptance of the order.
When a supplier price, transport cost, tax or customs duty undergoes an exceptional change before the final confirmation of the order, YACHT SPARES APP informs the Client before any further commitment.
4. Formation and firm nature of the order
The order becomes firm upon the written acceptance of the quote by the Client, notably by signature, electronic signature, validation via the application or website, email or any other unequivocal written confirmation.
This acceptance constitutes a firm commitment from the Client.
Any modification or cancellation after acceptance is subject to the prior written agreement of YACHT SPARES APP.
When YACHT SPARES APP has already placed an order with its supplier, incurred costs, or when the product has been specially sourced, manufactured, configured or ordered for the Client, cancellation may be refused and the amounts incurred remain due.
5. Availability of products
Information regarding stocks and availability is based on information provided by manufacturers, suppliers and distributors.
Unless expressly confirmed in writing to the contrary, the indication of availability or stock does not constitute a guarantee of availability until the actual order is placed with the supplier.
In the event of unavailability, stock shortages, cessation of production, reference changes or any other circumstance beyond the control of YACHT SPARES APP, it will inform the Client as soon as possible and may propose a replacement reference or an alternative solution.
No substitution that substantially modifies the characteristics of the ordered product will be imposed on the Client without their agreement.
6. Identification of products and information provided by the Client
The Client is required to provide YACHT SPARES APP with all the information necessary for identifying the sought product and its use.
This information may include the manufacturer or OEM reference, brand and model, serial number, dimensions, voltage, power or electrical characteristics, photographs, plans, technical data sheets, installation characteristics, model of the yacht, engine or relevant equipment, and any other useful technical specification.
The Client is responsible for the accuracy and completeness of the information they provide.
YACHT SPARES APP cannot be held responsible for a reference error, incompatibility, or inability to use a product when this results from erroneous, inaccurate, incomplete, or misleading information provided by the Client or by any person acting on their behalf.
Unless there is a specific written technical commitment from YACHT SPARES APP, it is the Client's responsibility, in their capacity as a professional, to verify before ordering the final compatibility of the product with the yacht, vessel, engine, installation, or equipment for which it is intended.
7. Sourcing and alternative or equivalent products
When the exact reference sought is not available, YACHT SPARES APP may offer the Client an alternative product, equivalent or likely to meet the sought characteristics.
Any equivalence proposal is established based on the information available at the time of the search.
Unless written and express confirmation of compatibility is provided by YACHT SPARES APP, it is the Client's responsibility to validate the technical specifications and compatibility of the proposed product before confirming their order.
8. Availability and Delivery Times
The availability, supply, and delivery times communicated by YACHT SPARES APP are, unless otherwise stated in writing, provided for guidance only.
They depend in particular on manufacturers, suppliers, distributors, carriers, airlines or shipping companies, customs services, and other parties independent of YACHT SPARES APP.
A reasonable delay beyond the control of YACHT SPARES APP cannot automatically result in the cancellation of the order, refusal of goods, imposition of penalties, or the granting of damages.
YACHT SPARES APP nevertheless commits to inform the Client as soon as possible of any significant delay of which it becomes aware.
9. Delivery – Transport – Transfer of Risks
Unless otherwise agreed in writing, when the goods are entrusted to a carrier for shipment to the Client or to the address specified by them, the risks of loss, theft, deterioration, or damage are transferred to the Client upon delivery of the goods to the carrier.
The Client must check the apparent condition of the goods and packages upon receipt.
Any damage, loss, missing package, or apparent damage related to transport must be subject to the necessary reservations with the carrier in accordance with the applicable rules and deadlines.
At the request of the Client, YACHT SPARES APP may provide them with the information and documents it has in order to facilitate a claim with the carrier.
When the Client expressly requests the use of a carrier, a transport account, a freight forwarder or a specific agent, they act under the responsibility of the Client.
10. International Deliveries – Customs – Taxes
YACHT SPARES APP can organise deliveries in France, Monaco, the European Union and internationally.
Unless expressly stated otherwise on the quote or invoice, customs duties, import taxes, clearance fees, local taxes and other charges applicable in the destination country are not included in the price of the goods.
They are the responsibility of the Client or their agent, representative, freight forwarder or recipient when the applicable regulations provide for it.
The Client is responsible for providing the information and documents necessary for import formalities in the destination country.
When an Incoterms® rule is expressly mentioned on a quote or order, that rule applies to the transaction concerned in the version expressly indicated on the commercial document.
11. Special Orders – Cancellation – Returns
Products specially ordered, sourced, manufactured, configured or imported at the request of the Client, as well as references not part of the products usually available from YACHT SPARES APP, are neither returned nor exchanged.
This is particularly the case when YACHT SPARES APP has itself placed a firm and non-cancellable order with a manufacturer or supplier to meet the specific request of the Client.
This provision does not hinder the rights of the Client in the presence of an error attributable to YACHT SPARES APP, a product that is actually not compliant with the ordered reference, or a defect covered by an applicable warranty.
Any return previously accepted by YACHT SPARES APP must be subject to a written agreement specifying the conditions of the return.
No spontaneous return can be considered accepted solely by its receipt by YACHT SPARES APP.
12. Receipt – Claims
The Client is required to check the goods upon their receipt.
Any reference error, quantity error, missing product, or apparent non-compliance must be reported to YACHT SPARES APP within a period of seventy-two (72) hours following receipt, accompanied by useful supporting documents, including photographs, order reference, and delivery documents.
Damage, loss, or damage attributable to transport must also be subject to the required reservations and formalities with the carrier within the legally applicable time limits.
The Client must retain the affected products as well as their original packaging during the processing of the claim when reasonably necessary.
The 72-hour period mentioned above concerns apparent anomalies and shall not have the effect of depriving the Client of rights or warranties that cannot legally be excluded.
13. Product Warranties
The products marketed by YACHT SPARES APP benefit, where applicable, from the warranties granted by their manufacturers or suppliers.
The duration and conditions of the warranty may vary depending on the manufacturer and the product concerned.
The warranty does not cover, in particular, damages resulting from a cause attributable to the Client or a third party, related to improper installation, non-compliant use, modification of the product, lack of maintenance, normal wear and tear, use in conditions incompatible with the manufacturer's specifications, or unauthorized intervention.
YACHT SPARES APP will reasonably assist the Client in submitting a warranty claim to the manufacturer or supplier when it is justified.
14. Payment Terms
Unless otherwise expressly agreed in writing:
Clients without an open account with YACHT SPARES APP: payment in cash and immediate.
Clients with an open account and credit terms granted by YACHT SPARES APP: payment within twenty-one (21) days from the date of invoice issuance.
The opening of an account and the granting of a payment period constitute a commercial facility granted at the discretion of YACHT SPARES APP and may be modified or withdrawn, particularly in the event of late payment or payment incidents.
YACHT SPARES APP may require full or partial payment before ordering from the supplier, particularly for special orders, high-value products, first orders, or orders presenting a particular risk.
The accepted payment methods are those indicated on the quote, invoice, website, or application.
No discount for early payment is granted, unless otherwise agreed in writing.
15. Late payment – Recovery costs
Any amount not settled by the due date on the invoice will automatically incur late payment penalties from the day following that date, without the need for a reminder or formal notice.
The rate of late payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points, in accordance with the provisions of Article L.441-10 of the Commercial Code.
Any professional in a late payment situation is also liable for a fixed compensation of forty (40) euros for recovery costs, for each affected invoice.
When the actual recovery costs incurred by YACHT SPARES APP exceed this fixed compensation, YACHT SPARES APP may request additional compensation upon justification, in accordance with applicable legal provisions.
16. Payment incident – Suspension of orders
In the event of late payment, non-payment or rejection of a payment method, YACHT SPARES APP may, without prejudice to applicable penalties and compensation:
suspend the preparation or shipment of any order not yet delivered;
refuse any new order;
request cash or advance payment for any new order;
withdraw or modify the credit terms previously granted to the Client.
These measures may be maintained until the effective settlement of the amounts due.
17. Retention of title
YACHT SPARES APP RETAINS OWNERSHIP OF THE GOODS SOLD UNTIL FULL AND EFFECTIVE PAYMENT OF THE PRICE, INCLUDING PRINCIPAL AND ACCESSORIES.
Payment is deemed to be made only after the final collection of the amounts due.
This retention of title does not prevent the transfer of risks to the Client under the conditions set out in Article 9.
As long as the price has not been fully paid, the Client undertakes, to the extent that it is materially possible, to keep the goods in a manner that allows for their identification.
In the event of non-payment, YACHT SPARES APP may assert its rights over the goods in accordance with the applicable legal provisions.
18. Liability
YACHT SPARES APP is responsible for the proper performance of its own contractual obligations within the limits set by the applicable regulations.
YACHT SPARES APP shall not be held liable for the consequences resulting from:
incorrect, inaccurate or incomplete information provided by the Client;
the final choice of a reference validated by the Client;
incorrect installation or use of the product;
a modification of the product by the Client or a third party;
a delay or failure attributable to a manufacturer, supplier, carrier, customs service or other independent third party, subject to the legal obligations of YACHT SPARES APP;
use of the product contrary to the manufacturer's recommendations or specifications.
In the relationships between professionals and within the limits permitted by law, YACHT SPARES APP cannot be held responsible for indirect damages such as loss of business, loss of turnover, loss of profit, loss of clientele, immobilisation of the yacht or vessel, loss of use thereof or other indirect commercial consequences.
No provision of these general terms and conditions may exclude or limit liability where its exclusion or limitation is prohibited by a mandatory legal provision.
19. Application – Website – Search tools and artificial intelligence
The digital tools, search functions, databases, search engines and artificial intelligence features that may be offered by YACHT SPARES APP are assistance tools for sourcing and identifying products.
The proposed results may be established from references, technical data, photographs, catalogues, supplier information and elements communicated by the Client.
Given in particular the diversity of nautical equipment, the evolution of manufacturer references and the variable quality of available information, the search or identification results do not constitute, unless expressly and in writing confirmed by YACHT SPARES APP, a technical certification of compatibility with a specific installation.
The professional Client remains obliged to verify the reference and essential characteristics of the product before confirming their order.
20. Intellectual property
The brands, trade names, logos, content, databases, texts, graphic elements, software, interfaces and other elements belonging to YACHT SPARES APP or legitimately operated by it remain protected by applicable intellectual property rights.
No intellectual property rights are transferred to the Client solely by virtue of an order.
Any reproduction, extraction or unauthorised use is prohibited within the limits set by applicable regulations.
The brands, logos and references of the manufacturers and suppliers mentioned remain the property of their respective holders.
21. Force majeure
No party shall be held liable for a failure to meet its obligations when such failure results from an event of force majeure meeting the conditions set out by French law.
Natural disasters, fires, conflicts, general strikes, transport blockages, administrative closures, pandemics, major network interruptions or events severely affecting international supply chains may be taken into account when they legally meet the conditions of force majeure.
The affected party shall inform the other party as soon as possible.
22. Personal data and confidentiality
The personal data collected in the context of requests for quotes, product searches, orders, deliveries, invoicing and business relations are processed by YACHT SPARES APP for the purposes of executing the contractual relationship, administrative and accounting management and, where applicable, compliance with its legal obligations.
The detailed terms relating to the processing of personal data, retention periods and the exercise of the rights of the data subjects are set out in the Privacy Policy of YACHT SPARES APP, available at the following address:
https://yachtsparesapp.odoo.com/privacy
23. Modification of the T&Cs
YACHT SPARES APP may modify these T&Cs at any time.
The T&Cs applicable to an order are those brought to the Client's attention and in force at the time the Client confirms their order, unless otherwise agreed in writing between the parties.
24. Partial invalidity
If any provision of these T&Cs is declared null, unenforceable or ineffective, the other provisions shall remain applicable to the fullest extent permitted by law.
The parties shall endeavour, where necessary, to replace the relevant provision with a lawful provision that closely approximates its original economic purpose.
25. Applicable law – Dispute resolution – Jurisdiction
These T&Cs and the sales to which they apply are governed by French law.
In the event of a dispute, the parties shall first seek to find an amicable solution.
BETWEEN PARTIES WHO HAVE ALL CONTRACTED AS MERCHANTS, IN THE ABSENCE OF AN AMICABLE AGREEMENT, ANY DISPUTE RELATING TO THE FORMATION, INTERPRETATION, PERFORMANCE, NON-PERFORMANCE OR TERMINATION OF AN ORDER OR THESE GENERAL TERMS AND CONDITIONS OF SALE SHALL BE SUBJECT TO THE COMPETENT COURTS OF NICE, INCLUDING IN THE EVENT OF MULTIPLE DEFENDANTS OR A CALL FOR GUARANTEE, SUBJECT TO APPLICABLE MANDATORY RULES.
26. Language
The present T&Cs are written in French.
They may be translated into other languages for the needs of YACHT SPARES APP's international clientele.
In the event of an interpretation discrepancy between the French version and a translation, the French version prevails, subject to any applicable mandatory rules.