Legal information – website www.excess-catamarans.com
The website www.excess-catamarans.com here in after referred to as the“Website” is published by:
1. WEB EDITOR
Publications manager: Mr. Thibaut de MONTVALON
Head office: CONSTRUCTION NAVALE BORDEAUX, SA with capital of €3,487,500, registered in the SIRENE register under number 342 012 390 and registered in the Bordeaux Registre du Commerce et des Sociétés (register of companies) Its registered office is located at: 162 quai de Brazza, 33072 Bordeaux, France (following « CONSTRUCTION NAVALE BORDEAUX »).
Intra-community VAT ID No: FR 88.342 012 390
Email address: firstname.lastname@example.org
Tel: +33 5 57 80 85 50
2. WEB HOSTING
Head office: OVH - SAS with capital of 10 069 020 €, registered in the SIRENE registered under number 424 761 419 00045 and registered in the RCS Lille Métropole. Head office : 2 rue Kellermann - 59100 Roubaix -(France).
This Website is optimized for a screen resolution of 1024 x 768.
Access to and use of this Website are subject to the “Legal Notices” set out below, as well as all applicable laws and/or regulations.
Connecting to and accessing this Website implies full and unreserved acceptance by all visitors of all the provisions contained in these Legal Notices, which should be viewed whenever connecting to the Website.
Article 1 - Purpose of the Website
This Website belongs to CONSTRUCTION NAVALE BORDEAUX and is dedicated to products of the EXCESS brand. Its purpose is to:
- Present its range of products and services
- Provide information about related events and boat shows
- Present its worldwide dealership network
Article 2 - Limitation of liability
As a user of this Website, you confirm that you have the skills and technical resources required to access and use it.
You confirm that you have checked that your computer equipment contains no viruses, and that it is in perfect working order. You must also have read these Legal Notices and agree to respect the conditions they impose.
You are solely and fully liable for the use you make of this Website. CONSTRUCTION NAVALE BORDEAUX may not be held liable for any damage, whether direct or indirect and, more specifically, damage to equipment, loss of data or programs or financial loss arising as a result of using this Websiteor those web sites to which it has links.
Article 3 – Security
In making use of this Website, you agree to refrain from any action capable of causing computer failures, whether functional or of any other nature, affecting the operation of the Website or of any server or service that may be accessed via the Website.
Within the space constituted by the Website, you expressly agree to provide only reliable information, data, documents and/or files that are inoffensive and not likely to affect the operation of the Website or of any server or service that may be accessed via the Website.
You agree that when using the Website or any server or service that may be accessed via the Website, you will:
- comply with all current national and international laws and regulations, and respect the rights of third parties.
- refrain from prejudicing the image of CONSTRUCTION NAVALE BORDEAUX in any way and in any form whatsoever.
CONSTRUCTION NAVALE BORDEAUX cannot be held responsible for any detriment arising from access by a user to the Website and/or use of the Website, or inability to access it.
Article 4 -CONSTRUCTION NAVALE BORDEAUX’s limitation of liability
CONSTRUCTION NAVALE BORDEAUX opened this Website to provide information for the personal use of its users. Under no circumstances may the data on this Website be exploited commercially without the prior authorization of CONSTRUCTION NAVALE BORDEAUX in writing.
The Website offers a general presentation of EXCESS products, and services. Consequently, CONSTRUCTION NAVALE BORDEAUX cannot be held liable for any lack of precision or omission in the data online on this Website.
The information shown on the Website (texts, graphics, photos, etc.) is of a purely general and informative nature and is provided for information purposes only. Despite our constant vigilance, this website cannot constitute a contractual document and may not be used as a ground for legal action.
To obtain precise updated information, particularly in relation to prices, availability, characteristics, content and variants of the different products and services shown on this Website, we recommend that you contact the dealer of your choice.
CONSTRUCTION NAVALE BORDEAUX has entrusted the distribution of its EXCESS products and services to a network of dealers and independent traders. They are the only people authorized to provide you with precise up-to-date information on the characteristics and prices of the products and services that they commercialize.
CONSTRUCTION NAVALE BORDEAUX has a continuous development policy for its networks' products and services and, without prior notice or informing the public, it reserves the right to modify information related to characteristics of products presented without incurring liability.
Since CONSTRUCTION NAVALE BORDEAUX is unable to present its complete range on this Website, we recommend that you contact the dealer of your choice to obtain additional and personalized information.
The information shown on this Website is the latest update of the different pages of the Website when it was put online. Modifications may have been made since the last update. This is why we recommend that you refer to the dealer of your choice for further information and to find out about recent developments.
CONSTRUCTION NAVALE BORDEAUX cannot guarantee the reliability and exhaustive nature of the information provided for internet users on its Website.
Article 5 - Intellectual Property
5.1 – Copyright
CONSTRUCTION NAVALE BORDEAUX is the author of this Website within the meaning of articles L 111.1 and subsequent of the French Intellectual Property Code.
This Website was designed and produced by PURE ILLUSION (www.pure-illusion.com) - 108 Route de Chavanne, 74330 Poisy.
The text, photographs, animations, drawings, sounds and other creations, with the exception of the works described below, are the sole property of CONSTRUCTION NAVALE BORDEAUX.
Photographs credited are free for copyrights and 3D pictures are exclusive property of Construction Navale Bordeaux.
Any reproduction, whether direct or indirect, temporary or permanent, by any means and in any form whatsoever, whether in full or in part, and any representation, use or modification, even partial modification, of this Website are prohibited. Any such use constitutes a copyright infringement, punishable by four years' imprisonment and a fine of €300,000 (Article L 335-4 of the French Intellectual Property Code).
5.2 – Brand copyright
The named and semi-figurative EXCESS brand is registered by CONSTRUCTION NAVALE BORDEAUX and are the sole property of the company.
Any reproduction, use, imitation, insertion, deletion or modification of these brands, without the permission of CONSTRUCTION NAVALE BORDEAUX or their owners before hand, constitutes an infringement punishable by four years' imprisonment and a fine of €300,000 (Article L 716-9 of the French Intellectual Property Code).
Article 6 - Conditions of use of the photo library
6.1 - Intellectual property
The Photo Library and its contents, in particular the Visuals, are protected by intellectual property rights belonging to CONSTRUCTION NAVALE BORDEAUX.
Rights of use granted to the User (as defined above) shall in no circumstances be interpreted as assignment of intellectual property rights in respect of the Visuals.
Any use of the Visuals in breach of the General Conditions constitutes an infringement punishable under intellectual property law and exposes the User to civil and/or criminal proceedings.In the event of doubt as to the scope of the authorisation to use the Visuals granted by the General Conditions, it is recommended that the User contact CONSTRUCTION NAVALE BORDEAUX.
No right of use is granted to the User in respect of any element of the Photo Library other than the Visuals.The reproduction or representation, in whole or in part, of any element of the Photo Library other than the Visuals, by any process or medium whatsoever, is prohibited and constitutes an infringement.
6.2 –Exclusions of warranty - limitation of liability
Access to the Photo Library and use of the Visuals are undertaken under the User’s sole responsibility.
CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
The User undertakes to indemnify and hold harmless CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, in respect of any claim that may be instituted against them arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
CONSTRUCTION NAVAL BORDEAUX does not in any circumstances guarantee that the server that it uses is free from viruses. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from a User’s computer equipment being damaged or destroyed by a virus further to access to and/or use of the Photo Library.
CONSTRUCTION NAVAL BORDEAUX does not in any circumstances guarantee access to or correct operation of the Photo Library. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from failure to access or incorrect operation of the Photo Library.
Article 7 - Hypertext linking and referencing
7.1 The Website can contain hypertext links leading to other websites, completely independent of this Website. CONSTRUCTION NAVALE BORDEAUX does not imply endorsement or guarantee the accuracy, comprehensiveness, or truthfulness of the information contained on any website it is connected to by hypertext links.
Consequently, you are responsible for any access to another website connected to this Website.
7.2 Any creation of a hypertext link to this Website and any referencing of it are not allowed without the express permission in writing of CONSTRUCTION NAVALE BORDEAUX.
Article 8 - Modification of this Website’s Legal Notices
CONSTRUCTION NAVALE BORDEAUX reserves the right to change or correct these Legal Notices at any time and without prior notice, especially in the event of changes to current legislation, where such changes made are to ensure compliance.
Article 9 - Applicable law
This Website, these Legal notices and these Conditions of Use of the Photo Library are subject to French law.