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GENERAL CONDITIONS OF SALE – INTERNET
Effective as of 03/02/2023
ARTICLE 1 - Scope
These General Conditions of Sale (known as "GTC") apply, without restriction or reservation.
with any purchase of the following services:
Boat rental and related services,
nautical services,
security deposit, surety
as offered by the Service Provider to non-professional customers (“The Customers or the Customer”) on the
website www.onetosea.fr.
The main features of the Services are presented on the onetosea.fr website.
The Customer is required to read it before placing an order. The choice and the purchase
of a Service is the sole responsibility of the Customer.
These T&Cs are accessible at any time on the onetosea.fr website and shall prevail over any other
document.
The Customer declares to have read these T&Cs and to have accepted them by ticking the
box provided for this purpose before the implementation of the online ordering procedure of the site
onetosea.fr.
Unless proven otherwise, the data recorded in the Service Provider's computer system
constitute proof of all transactions concluded with the Customer.
The contact details of the Service Provider are as follows:
ONETOSEA, Sarl SOLVENA
Share capital of 5000 euros
Registered with the RCS of TOULON, under number 790 867 022
10 avenue Maréchal Lyautey, 83400 HYERES
email: web[at]onetosea.fr
phone: 0983530690
Customs duties or other local taxes or import duties or state taxes are likely
to be required. They will be charged to and are the sole responsibility of the Client.
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ARTICLE 2 - Price
The Services are provided at the current prices listed on the onetosea.fr website or the payment link,
when the order is registered by the Service Provider.
The prices are expressed in Euros, including VAT.
The rates take into account any reductions that may be granted by the Service Provider on the
onetosea.fr website.
These rates are firm and not subject to revision during their period of validity, but the Service Provider reserves the right
the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, freight and delivery charges, which are
invoiced in addition, under the conditions indicated on the site and calculated prior to the
placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and given to the Client when the Services are provided.
orders.
ARTICLE 3 – Orders
It is up to the Customer to select the Services he wishes to order on the onetosea.fr website,
according to the following terms:
the customer receives an internet link corresponding to the amount due for the benefit or service described in
object. By making the payment, he commits himself definitively and he accepts the T&Cs.
The sale will only be considered valid after full payment of the price. It belongs to the Customer
verify the accuracy of the order and report any errors immediately.
Any order placed on the onetosea.fr site constitutes the formation of a contract concluded at a distance
between the Client and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with which it
there would be a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following terms:
 payment by credit card
 or payment by bank transfer to the Seller's bank account (including the contact details
are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the
approved payment service provider involved in banking transactions carried out on the site
onetosea.fr.
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Payments made by the Customer will only be considered final after receipt
actual sums due, by the Service Provider.
The Service Provider shall not be required to provide the Services ordered by the Customer if
the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided according to the following terms:
the rental is subject to a contract that the customer signs and accepts without reservation.
.
The service is stipulated in the rental contract from the final validation of the
Customer's order, under the conditions provided for in these GCS to the address indicated by the
Customer when ordering on the onetosea.fr website.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the
Customer, within the framework of an obligation of means and within the time limits specified above.
In case of withdrawal of the tenant, more than three months before the start of the rental, the deposit paid
remains with the lessor. In case of cancellation, less than three months before departure, the full amount
of the rental is due to the lessor. However, if the lessor manages to rent the boat to another
tenant, only 20% of the rental amount will be retained, with a minimum of €150. The sum
total rental is due to the lessor, whether or not the lessee uses the boat. The lessor reserves the
right to cancel this contract without notice in the event of non-compliance with the schedule by the tenant
(payments, delivery of documents, handling, etc.) In the event that the lessor is unable to
to make the boat available, following damage or in the event of force majeure, it will be proposed
to the tenant, as far as possible, an equivalent boat, the cost of which would not exceed 110% of
the rental value of this contract. In the event that this incident results in the deprivation of
enjoyment of the boat for more than a third of the duration of the rental, the tenant can then cancel the contract,
the tenant would be fully refunded the amount of the rental without any other compensation
cannot be added. The tenant cannot refuse the proposal of an equivalent boat.
After the indicative date of supply, for any reason other than force majeure or the act of the Customer,
the sale of the Services may be canceled at the written request of the Customer under the conditions provided for
Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the
Customer will then be returned to him no later than fourteen days following the date of
termination of the contract, to the exclusion of any compensation or withholding.
In the event of a specific request from the Customer concerning the conditions for the provision of the Services,
duly accepted in writing by the Service Provider, the related costs will be invoiced
subsequent complementary specific.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the
Services, these will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of 1 day from the provision of the Services to issue
complaints by registered mail with acknowledgment of receipt, with all supporting documents,
with the Provider. In the event of a dispute, the signatory parties may bring their dispute before the
competent courts within the jurisdiction of the lessor's region.
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No claim can be validly accepted in the event of non-compliance with these formalities and
deadlines by the Customer.
The Service Provider will refund or rectify as soon as possible and at its expense the Services whose
lack of conformity will have been duly proven by the Customer.
ARTICLE 6 - Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit
no right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the
terms set out in these T&Cs.
ARTICLE 7 - Liability of the Service Provider - Warranties
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the
Customer, against any lack of conformity or hidden defect, arising from a design or
performance of the Services ordered under the following terms and conditions:
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity
existing at the time of delivery. It also responds to defects of conformity resulting from the packaging,
instructions for assembly or installation when this has been charged to it by the contract
or was carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that this one has
presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the declarations
public information made by the seller, by the producer or by his representative, in particular in the
advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to
any special use sought by the buyer, made known to the seller and that the latter has
accepted. »
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the issue of the
GOOD. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee which has been
granted during the acquisition or repair of movable property, a restoration covered by the
warranty, any period of immobilization of at least seven days is added to the duration of the warranty
which remained to run. This period runs from the request for intervention by the buyer or the
provision for repair of the property in question, if this provision is subsequent to the
request for intervention. »
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In order to assert his rights, the Customer must inform the Service Provider, in writing (email or post), of
the existence of defects or lack of conformity.
The Service Provider will reimburse or rectify or cause to be rectified (as far as possible) the services
found to be defective as soon as possible and no later than 30 days following the
finding by the Service Provider of the defect or defect. This refund can be made by bank transfer
or bank check.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid for by the
Customer.
The Service Provider cannot be considered responsible or in default for any delay or
non-performance following the occurrence of a case of force majeure usually recognized by the
French case law.
The Services provided through the Service Provider's onetosea.fr site comply with the
regulations in force in France. The Service Provider cannot be held liable in the event of
non-compliance with the legislation of the country in which the Services are provided, that it is up to the
Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale
of the Services and their production and delivery, as well as their transmission to third parties intervening
in the performance of the Services. These personal data are collected only for
performance of the service contract.
9.1 Collection of personal data
The personal data collected on the onetosea.fr website are as follows:
Order of Services:
When ordering Services by the Customer:
Surnames, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Services offered on the onetosea.fr site, the latter records
financial data relating to the Customer's / user's bank account or credit card.
8.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Service Provider, within the meaning of the Data Protection Act
and from May 25, 2018 of Regulation 2016/679 on the protection of personal data
staff.
8.4 limitation of processing
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Unless the Customer expresses his express agreement, his personal data is not
used for advertising or marketing purposes.
8.5 Duration of data retention
The Service Provider will keep the data thus collected for a period of 5 years, covering the time
of the prescription of the applicable contractual civil liability.
8.6 Security and Privacy
The Service Provider implements organizational, technical, software and physical measures in
digital security to protect personal data against alterations,
destruction and unauthorized access. However, it should be noted that the Internet is not an environment
completely secure and the Service Provider cannot guarantee the security of the transmission or storage
information on the Internet.
8.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and
users of the onetosea.fr website have the following rights:
 They can update or delete the data concerning them in the following ways
:
upon written request to the service provider.
 They can delete their account by writing to the email address indicated in article 9.3 “
Data controller »
 They can exercise their right of access to know the personal data concerning them
by writing to the address indicated in article 9.3 "Data controller"
 If the personal data held by the Service Provider is inaccurate, they may
request the update of the information of the information by writing to the address indicated at
Article 9.3 "Data controller"
 They can request the deletion of their personal data, in accordance with
applicable data protection laws by writing to the address given at
Article 9.3 "Data controller"
 They may also request the portability of the data held by the Service Provider to a
other provider
 Finally, they can object to the processing of their data by the Service Provider
These rights, provided they do not conflict with the purpose of the processing, may be exercised by
sending a request by post or e-mail to the Data Controller whose
contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place
de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box in respect of which he agrees to receive emails at
informative and advertising nature on the part of the Service Provider. He will always have the possibility of withdrawing
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his consent at any time by contacting the Service Provider (contact details above) or by following the link
unsubscribe.
ARTICLE 9 - Intellectual property
The content of the onetosea.fr site is the property of the Seller and its partners and is protected by the
French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to
constitute an offense of counterfeiting.
ARTICLE 10 - Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into a
or several foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 11 - Disputes
For any complaints, please contact customer service at the postal or e-mail address of the
Service provider indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with
existing sectoral mediation bodies or any alternative method of settling disputes
disputes (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Payment platform
Litigation (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these
CGV and which would not have been the subject of an amicable settlement between the seller or by mediation, will be
submitted to the competent courts under the conditions of common law.
Made on https://www.legalplace.fr