RESERVATION CLAUSE WITH IMMOBILISATION FEE
Applicable to boats offered for sale on a consignment basis on the websites h2o-bateau.fr ; h2ofrance.com and h2o-boot.de.
Article 1 – Purpose and nature of the fee
The customer may request the reservation of a boat offered for sale on a consignment basis on the website of the company H2O Marine SARL (hereinafter "H2O Marine") by paying an immobilisation fee of a fixed amount of €1,500 (one thousand five hundred euros).
This sum constitutes compensation for the temporary withdrawal of the boat from the market during the reservation period. The reservation does not entail the definitive conclusion of the sale.
Article 2 – Payment and effective date
The fee is paid by credit card via the secure Payzen payment platform.
The reservation takes effect on the date of confirmation of receipt of payment by the payment provider. A confirmation email is sent to the customer, summarising the terms of the reservation, the amount paid, the time period and the mandatory pre-contractual information.
Article 3 – Duration of the reservation
From the effective date, the boat is reserved for the customer for a period of seven (7) calendar days. During this period, the boat is no longer offered for sale or presented to other potential buyers.
The reservation may be extended once, for a maximum additional period of seven (7) days, subject to written agreement (email) between the customer and H2O Marine. The extension does not give rise to the payment of any additional fee.
Article 4 – Waiver of the right of withdrawal
In accordance with Article L. 221-28, 1° of the French Consumer Code, the boat immobilisation service constitutes a service whose performance begins upon confirmation of payment, with the express consent of the customer.
Before validating their payment, the customer expressly acknowledges:
- Requesting the immediate performance of the boat immobilisation service, before the expiry of the fourteen (14) day withdrawal period ;
- Acknowledging that, once the immobilisation service has been fully performed (i.e. at the end of the 7-day reservation period), they lose their right of withdrawal in accordance with Article L. 221-28, 1° of the Consumer Code.
Article 5 – Outcome of the reservation period
1. Sale concluded
In the event that a sales contract is signed within the reservation period (or its extension), the immobilisation fee is fully credited against the sale price of the boat.
2. No sale concluded due to the customer
If the customer does not follow through with the reservation within the allotted time, the fee remains acquired by H2O Marine as compensation for the immobilisation of the boat, with no further indemnity.
3. Impossibility of sale attributable to the seller or to H2O Marine
The fee is fully refunded to the customer if the sale cannot proceed due to:
- A withdrawal of the boat by the owner-seller ;
- Unavailability of the boat (destruction, loss, seizure) ;
- A major defect not disclosed in the listing, rendering the boat unfit for its intended use ;
- A substantial error in the description of the boat on the website.
The refund is made within fourteen (14) days from the notification to the customer, using the same means of payment as that used for the initial payment.
4. Reservation subject to obtaining financing
The customer may state, at the time of reservation, that it is made subject to obtaining financing. In this case, a duly justified refusal of financing (letter of refusal from the credit institution) constitutes grounds for a full refund of the fee.
In the absence of this statement, refusal of financing does not constitute grounds for a refund.
Article 6 – Automatic termination of the reservation
At the end of the reservation period (or its extension), in the absence of a signed sales contract, the reservation terminates automatically by operation of law. The boat is then freely returned to sale by H2O Marine.
Article 7 – Pre-contractual information and complaints
In accordance with Articles L. 221-5 et seq. of the Consumer Code, the pre-contractual information (identity of the professional, characteristics of the service, price, duration, termination conditions) is provided to the customer before validation of their payment and confirmed by email.
For any complaint, the customer may contact: H2O Marine SARL, Port de Plaisance, 21170 Saint-Jean-de-Losne – Email: h2o@h2ofrance.com – Telephone: 03 80 39 96 97.
In the event of an unresolved dispute, the consumer customer may have recourse, free of charge, to the consumer mediator CM2C, 49 rue de Ponthieu, 75008 Paris, France – Tel.: +33 1 89 47 00 14 – https://www.cm2c.net/declarer-un-litige.php – litiges@cm2c.net.
Article 8 – Acceptance
Payment of the immobilisation fee, after validation of the waiver-of-withdrawal-right checkbox referred to in Article 4, constitutes full and complete acceptance of these reservation terms.
