Sales & brokerage terms

Draft pending legal review. Items in brackets [ ] remain to be completed before the final version.

These terms govern the sale of new and pre-owned boats offered by Yacht In, whether as an intermediary (brokerage / mandate) on behalf of a third-party seller, or as the seller itself. For the sales activity, they supplement the website's legal notice.

1. Yacht In's role

For pre-owned boats sold under a brokerage mandate, Yacht In acts as an intermediary between the seller, who owns the boat, and the buyer. The sale contract is concluded directly between them; Yacht In is not a party to the sale and receives a commission [TO BE COMPLETED: amount or percentage, and which party bears it]. For boats sold outright, Yacht In is the seller.

2. Listings and information

Specifications, equipment, year, engine hours and prices are provided for guidance only, based on information from the seller. They are not contractual, may contain errors or change, and a boat may be sold or withdrawn at any time.

3. Price, VAT and costs

Prices are in euros. The VAT status (paid / not paid / not applicable) is stated when known. Ancillary costs (flag change, survey, transport, launching, taxes) are borne by the buyer unless otherwise agreed in writing.

4. Offer and sale agreement

Any purchase offer binds its author under ordinary law. The sale becomes firm once accepted by the seller and a sale agreement is signed, setting out the price, any conditions precedent (sea trial, survey, financing) and the timeframe.

5. Deposit and escrow

A deposit of [TO BE COMPLETED: percentage] is generally paid on signature of the agreement and held [TO BE COMPLETED: escrow arrangements]. Its treatment upon withdrawal is set by the agreement.

6. Sea trial and survey

The buyer is encouraged to arrange, at their own expense, a sea trial and an independent survey before purchase. Declining to do so is at their sole responsibility.

7. Condition and warranties

Pre-owned boats are sold as is, with any visible defects the buyer was able to observe. The statutory warranty against hidden defects applies as provided by law. New boats carry the manufacturer's warranty on its own terms.

8. Transfer of ownership and delivery

Ownership transfers upon full payment of the price. Delivery, handover of the boat's documents and administrative formalities (bill of sale, registration change) follow the agreement.

9. Right of withdrawal

[TO BE COMPLETED depending on the parties: a private pre-owned sale, or a bespoke purchase, may fall outside the right of withdrawal; specify the regime applicable to distance selling.]

10. Liability

As an intermediary, Yacht In connects seller and buyer and facilitates the transaction; it cannot be held liable for the actual condition of the boat, the information provided by the seller, or the performance of the sale between the parties.

11. Personal data

Data collected when requesting information is processed in accordance with our privacy policy.

12. Governing law and disputes

These terms are governed by French law. An amicable solution will be sought in the event of a dispute; failing that, consumers may use the consumer mediator free of charge [TO BE COMPLETED: name and contact details]. The French courts have jurisdiction.