GENERAL TERMS AND CONDITIONS OF WEBSITE USE

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:

• contact established free of charge through the placing by owners of advertisements for the sale of second-hand mobile homes, chalets or permanent tents for professionals and private individuals, on camp site pitches or otherwise;
• information on the value of second-hand mobile homes, chalets or permanent tents, estimated on the basis of data provided by the User;
• presentation of practical partner services in connection with the search for second-hand mobile homes, chalets or permanent tents, such as in particular the second-hand mobile home buyers’ guide.

“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:

• Show Users second-hand mobile homes, chalets and permanent tents available for purchase, and existing and necessary services;
• Enable certain Users to bring second-hand mobile homes, chalets and permanent tents for sale that they own to the attention of other Users.

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 booking, lease or purchase through the Website;
• that the mobile home, chalet or permanent tent matches its description in the Advertisement;
• that there are no errors or omission in the description of a second-hand mobile home, chalet or permanent tent;
• the existence, quality, characteristics, location or condition of any second-hand mobile home, chalet and permanent tent;