The subject matter of these General Terms and Conditions of Use (hereinafter the “GTC”) is to determine the rules governing use of the website www.secondhandmobilehome.com (hereinafter the “Website”) produced and published by Bio Habitat of Beneteau Group.
I - Definitions
Terms beginning with uppercase letters within these GTC, whether used in the singular or plural, have the meanings ascribed to them below.
“Advertisement” means any offer to sell a mobile home, chalet or permanent tent written by a User with the intention of publishing it on the Website;
“Bio Habitat” means the French public limited company (Société Anonyme) of registered capital €12,922,640.00, having its registered office at rue Charles Tellier, ZI de La Folie Sud, 85310 La Chaize-le-Vicomte, France, registered on the La Roche-sur-Yon Trade and Companies register under number 511 239 915;
“GTC” means the present general terms and conditions of Website use;
“Extranet” means the platform or area reserved for Users of the Website;
“Website” means the www.mobilhomedoccasion.com website;
“Services” means the various functional features and services offered by the Website. The Website offers three types of Services:
“User” means any online visitor to the Website;
Furthermore, in respect hereof, “Personal Data”, “Processing”, and “Data Controller”, have the definitions given to them under Article 4 of European Regulation 2016/679 of 27 April 2016 (hereinafter “GDPR”).
II - GTC subject matter
The subject matter of the GTC is to set out (i) the terms and conditions under which Users access the Website and (ii) the terms and conditions governing use of the Services provided to Users via the Website.
III - Acceptance of the GTC
Access to the Website and use of the Services by any User is subject to acceptance of the GTC. All Users confirm they have read and understood the GTC and expressly accept all the terms and conditions hereof.
The GTC are accepted in their entirety or not at all. Part acceptance is not admissible. Neither is it admissible for User to request certain terms and conditions are not applied to them, nor to make acceptance conditional.
In the event a breach of the GTC is observed, Bio Habitat reserves the right to take any measures against any User perpetrating such a breach.
IV - Amendments to the GTC
The GTC applicable are those in force at the date the User visits the Website and/or the date the User logs into and uses the Extranet.
Bio Habitat reserves the right to amend all or part of the present GTC at any time with no prior notice or information to Users, in order to adapt them to changes in the Services, or to technical, statutory or legal developments, or when new services are put in place.
Bio Habitat requires all Users to consult the GTC regularly.
Any new service incorporating new techniques or new features improving the quality of existing Services will also be governed by the present GTC, unless expressly stipulated otherwise.
V - Use of Services by the User
The Website serves two purposes:
This list is not complete and can be amended at any time by Bio Habitat without it being liable in any way whatsoever to any other party whatsoever.
5.1 – Advertisement information and consultation Services
The Website provides Users with a search engine for second-hand mobile homes, chalets and permanent tents, and also provides Users with information about related services necessary when buying a mobile home.
Using search criteria entered by the User, the Website returns a list of pre-owned goods matching the search request. The name, product description, guideline price and location are returned for each such second-hand mobile home, chalet and permanent tent matching the search, plus the contact details where Users can obtain further details on the goods in question and the precise location where it can be viewed. Users can contact advertisers using the form available to this end, with or without being registered Website members.
The Website makes it possible to reply to an Advertisement and contact the advertiser. The Website is not an online sales service for second-hand mobile homes, chalets and permanent tents, nor is it an intermediary with direct or indirect involvement in purchases. Only Users can enter into sales agreements after visiting the Website.
The second-hand mobile homes, chalets and permanent tents search function does not include completing any purchase, booking or leasing of same or any other related service.
In this regard, Bio Habitat does not guarantee:
Any request for information is forwarded by the Website by email directly to the User who placed the Advertisement. Advertising Users are at liberty to reply or not reply to such requests for information following publication of an Advertisement.
5.2. Advertisement publication service
By accessing the Website’s Extranet, Users may submit for publication and update Advertisements already published.
5.2.1. Extranet access - Identification procedure
Access to the Extranet is obtained by means of an Extranet service access request form.
When Users first visit the Extranet, they must submit an access request and identify themselves by means of a registration form including their title, surname, first name, email address, telephone number and address (and company name and type for business Users). Bio Habitat reserves the right to refuse access, and suspend or terminate access previously granted, at its sole discretion.
The username and password are strictly personal and confidential, and reserved for the sole use of the User identifier on the access request form. Users will refrain from disclosing them to any other party whatsoever for any reason whatsoever. It is consequently reiterated that usernames and passwords are personal, confidential and non-transferable. Users bear sole responsibility for any use made of their usernames and passwords.
To maintain the confidentiality of usernames and passwords, Users must not disclose them under any circumstances whatsoever.
If the password is lost, the User can reset it by clicking on the “forgotten your password?” link and entering the information requested (surname, first name, username, etc.). The new password will then be emailed to the User.
Users are responsible for all downloads carried out using their username and any loss or harm resulting from any misuse.
5.2.2. Advertisement creation and update
Users hereby confirm they have the necessary technical skills and resources to access and use the Website, and that they have verified that the computing configuration used is virus-free and in full working order.
Users are the guarantors of the information and data stated on Advertisements they publish. Users undertake in particular to make available within the Extranet only information, data, documents and files that are reliable and harmless, and unlikely to affect the operation of the Extranet or of any server or service accessible by means of the Extranet.
It is accordingly incumbent on all Users to verify the accuracy and veracity of information they produce on the Extranet for publication purposes. In addition, Users bear sole and entire responsibility for photographs placed online by that User, who must hold the rights to use them. Any login and/or use of contents made using a User’s username will be deemed to have been made by said User and under that User’s entire and exclusive responsibility.
Users each guarantee that Advertisements as well as any other content produced by them for publication do not contravene any regulations in force (in particular relating to advertising, market competition, sales promotion, use of personal data, bans on the marketing and sale of certain goods or services), nor any third party rights (including intellectual property rights), that they contain no defamatory or harmful messages with respect to third parties, no statements defaming or likely to harm the interests and/or image of Bio Habitat, and that they cause no harm to the image of Bio Habitat in any way whatsoever.
Users undertake to advertise only second-hand mobile homes, chalets or permanent tents that are available and at their disposal. Users undertake to ensure that their Advertisements are updated via their usernames.
Users each undertake to bear full publication responsibility for Advertisements and all other content they publish on the Website. Users consequently each release Bio Habitat from any responsibility and hold it harmless against all recourse or legal remedy in relation to the Advertisement published that could be instituted against Bio Habitat by any third party, and will pay any compensation, costs and fees that Bio Habitat might be ordered to pay or that are stipulated by a settlement agreement signed by Bio Habitat with any such third party, notwithstanding any compensation that Bio Habitat itself might claim against said User owing to the circumstances at issue.
Users are hereby informed that Bio Habitat may undertake a check of the information the User has entered on the Extranet at any time, and that Bio Habitat is entitled to refuse to operate a subscription to a Service, to suspend provision of a Service, and to suspend use of relevant usernames and passwords by any User in breach of the present GTC. Bio Habitat is however under no obligation to systematically check all information. Such suspension can occur at any time with no prior notice.
VI - Access to business areas of the Website
Access to the business areas of the Website is reserved for those working in the outdoor accommodation sector, through an account creation request submitted to Bio Habitat by completing the form provided for this purpose on the Website.
VII - Service continuity
Access to the services available on the Website is possible 24 hours per day, 7 days per week, except in force majeure situations or other events outside of Bio Habitat’s control, and any failures and subsequent maintenance operations necessary to the proper functioning of the Website.
VIII - Limitations on Bio Habitat’s obligations and responsibility
Information published on the Website by Users is provided strictly for information and guidance purposes only. Bio Habitat makes no changes to information provided by Users.
The User bears sole responsibility for making discerning use of the Services provided on the Website. Bio Habitat cannot be held liable for direct and indirect damage to property and intangible consequences that might result from a User’s consulting, using and/or construing information and/or advice held on the Website.
Bio Habitat cannot be held liable for direct or indirect loss or harm, including damage to property, loss of data or software, and financial loss or harm, resulting from the use of this Website or websites linked to it.
IX - Hypertext links
Bio Habitat can offer links from the Website and its Extranet to websites published by third parties not governed by the present GTC.
Bio Habitat has no control over the content of the third party websites to which its hyperlinks lead. Bio Habitat consequently provides no guarantee whatsoever as regards the websites reached using hyperlinks or the information appearing on such websites, or any product or service described on such websites.
As a consequence, Bio Habitat cannot accept any responsibility whatsoever for the content, advertisements, products, services or any other information or data available on or from such websites. Bio Habitat (and Beneteau Group more generally) cannot be held liable for actual or alleged loss or harm resulting from or related to using or placing any trust in the content, goods or services available on these websites.
Users consequently accept sole responsibility for accessing and using such websites and in the event these hyperlinks are used from the Website or the Extranet, Users bear all the risks related to such visits and will take all protective measures necessary, including against viruses.
X - Photo credits
All images found on this Website are covered by copyright.
Any direct or indirect, temporary or permanent, reproduction by any means and in any form whatsoever, in whole or in part, and any representation, use or modification, even in part, of the present Website is prohibited. Such actions constitute an infringement incurring a custodial sentence of three years and a fine of €300,000 (French Intellectual Property Code, Article L.716-10).
XI - Intellectual property
The Website and Extranet are the exclusive property of Bio Habitat, which has sole authorisation to use and exploit the intellectual property rights and personality rights attached to this Website and Extranet, including trademarks, brand names, designs, models, copyright and image rights, whether original or held by virtue of assignment or licence.
It is not permitted to use of all or part of the Website and Extranet, including by means of downloading, reproduction, transmission or representation, for purposes other than personal and private use for non-commercial purposes.
None of the provisions in the GTC can be construed as constituting an assignment, transfer, sale, concession, licence, loan, lease or operating authority granted directly or indirectly by Bio Habitat to the User of the Website and Extranet.
XII - Contact
Any question regarding the Website, Extranet, and/or Services should be sent by post to: BIO HABITAT. S.A. – Service Mobilhomedoccasion – Address: ZI de la Folie Sud, rue Charles Tellier, La Chaize-le-Vicomte Cedex, CS 50001, 85036 La Roche-sur-Yon Cedex, France
XII - Applicable law
These GTC are governed by the laws of France. The Paris Commercial Court has jurisdiction in the event of a dispute.
Any use not in accordance with the provisions hereof may result in the institution of legal proceedings in the competent courts.