General terms and conditions of sale

In force as of 23/04/2018

ARTICLE 1 – Scoop of application

These General Terms and Conditions of Sale (referred to as “GTC”) apply, without restriction or reservation, to any purchase of the following services:

Linking employers / job seekers as offered by the Service Provider to non-professional clients (“Clients or the Client”) on the website www. yachtcrew.jobs.

The main features of the Services are presented on the website www. yachtcrew.jobs.

The Customer is required to read it before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.

These GTCs are accessible at any time on the www. yachtcrew.jobs website and will prevail over any other document. The Customer declares that he has read these GTC and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the website www. yachtcrew.jobs.

Unless proven otherwise, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Client.

The Provider’s contact details are as follows: Morgan & Mallet Dubai

Sentro Business Center-1107, 11th Floor
Sheikh Zayed Road-The Onyx Tower 2-
The Greens, Dubai, United Arab Emirates

mail: contact@yachtcrew.jobs

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer and are the sole responsibility of the Customer.

ARTICLE 2 – Price

The Services are provided at the rates in force appearing on the website www. yachtcrew.jobs when the Supplier registers the order.

Prices are expressed in Euros, excluding VAT and including VAT.

The rates take into account any discounts that may be granted by the Supplier on the website www. yachtcrew.jobs.

These rates are firm and cannot be revised during their period of validity, but the Service Provider reserves the right to modify the prices at any time outside the period of validity.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Service Provider and delivered to the Client when the ordered Services are provided.

ARTICLE 3 – Orders

It is the Client’s responsibility to select on the www. yachtcrew.jobs website the Services he wishes to order, according to the following procedures:

The client (candidate or employer) registers, chooses a formula and can then use the platform’s features, such as publishing his profile, applying for job offers, contacting candidates and posting job offers.

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any errors. Any order placed on the www. yachtcrew.jobs website constitutes the formation of a contract concluded at a distance between the Client and the Supplier.

The Supplier reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of his order on the site.

ARTICLE 4 – Terms of payment

The price is paid by secure payment, according to the following methods: payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the authorised payment service provider involved in banking transactions carried out on the website www. yachtcrew.jobs.

Payments made by the Client shall only be considered final after the Service Provider has actually collected the sums due.

The Supplier shall not be required to provide the Services ordered by the Client if the latter does not pay the full price in accordance with the conditions indicated above.

ARTICLE 5 – Provision of services

The Services ordered by the Client will be provided in the following ways: post and apply for job postings, contact candidates or employers.

The said Services will be provided within a maximum period of 48 hours from the final validation of the Customer’s order, under the conditions provided for in these GTCs to the address indicated by the Customer when ordering on the website www. yachtcrew.jobs.

The Supplier undertakes to make its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the deadlines specified above.

However, these deadlines are given for information only.

If the Services ordered have not been provided within 48 hours of the indicative date of supply, for any reason other than force majeure or the Customer’s fault, the sale of the Services may be terminated at the written request of the Customer under the conditions provided.

The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding. In the event of a particular request from the Client concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a subsequent specific additional invoice.

In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, they shall be deemed to be in conformity with the order, in quantity and quality.

The Customer shall have a period of 48 hours from the date of provision of the Services to make complaints by email, with all relevant supporting documents, to the Supplier.

No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.

The Supplier shall refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Client.

ARTICLE 6 – Right of withdrawal

“The consumer has 14 days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to justify his decision or bear any other costs.

The period referred to in the first paragraph shall run from the day:

  1. The conclusion of the contract, for contracts for the provision of services;
  2. The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods.

For contracts concluded off-premises, the consumer may exercise his right of withdrawal as from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or parts delivered over a defined period, the time limit shall run from the receipt of the last good or lot or part.

In the case of contracts providing for the regular delivery of goods for a specified period of time, the period shall run from the date of receipt of the first good. »

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the willingness to withdraw and in particular by postal mail addressed to the Service Provider at the postal or e-mail address indicated in ARTICLE 1 of these GTC.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered shall be refunded.

The refund of the sums actually paid by the Client will be made within 14 days of receipt by the Service Provider of notification of the Client’s withdrawal.

ARTICLE 7 – Liability of the service provider – Guarantees

The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Client against any lack of conformity or hidden defect, resulting from a defect in the design or performance of the Services ordered under the following conditions and procedures:

Provisions relating to legal guarantees

The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

The property is in conformity with the contract:

1- If it is suitable for the use usually expected of a similar property and, if applicable:

  • if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.

Where the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.

In order to assert its rights, the Client must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.

The Supplier shall refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 7 days of the Supplier’s discovery of the defect or defect. This refund can be made by bank transfer or check.

The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Client.

The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure.

The Services provided through the Provider’s website www. yachtcrew.jobs comply with the regulations in force in England.

The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which is the responsibility of the Client, who is solely responsible for choosing the Services requested, to verify.

ARTICLE 8 – Data processing and liberties

It is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.

This data may be communicated to any partners of the Service Provider responsible for the execution, processing, management and payment of orders..

The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition to the information concerning him/her.

This right may be exercised in accordance with the procedures described in the “legal notices” section of the website www.householdstaff.jobs.

ARTICLE 9 – Intellectual Property

The content of the www. yachtcrew.jobs website is the property of the Seller and its partners and is protected by English and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 – Applicable law – language

These GTC and the operations resulting from them are governed by and subject to English law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.

ARTICLE 11 – Legal

For any complaint please contact the customer service at the postal address or email of the Service Provider indicated in ARTICLE 1 of these GTC.

The Client is informed that he may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Client is also informed that he can also use the Online Dispute Resolution (ADR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded pursuant to these GTCs and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of ordinary law