Terms of sale

This English version is provided for information purposes. In the event of any discrepancy, the French version prevails.

Article 1 – Scope

These Terms of Sale apply to all orders placed by a customer (the “Buyer”) on the websites www.multihulls-world.com and www.multicoques-mag.com (the “Website”) and, for shop products, in the Multihulls World and Multicoques Mag mobile apps (the “App”).

They supplement the Terms of Use. Any order implies acceptance of the Terms of Sale in force on the date of the order, which the Buyer acknowledges having read before confirming the order.

Subscriptions previously taken out in the former Multicoques Mag app, through Apple’s App Store or Google Play, remain governed by the terms of those platforms, in particular as regards cancellation.

Article 2 – Seller

BlueWaterSky, a French SAS with share capital of €1,333, 17 rue de l’Hôtel des Postes, 06000 Nice, France – Nice Trade and Companies Register (RCS) 942 608 639 – EU VAT FR61942608639 – admin@multihulls-world.com.

Article 3 – Offers

3.1 Subscriptions

Access after the subscription ends. With the Basic plan, access to content ends with the subscription. With the Standard and Print plans, issue PDFs and boat tests acquired during the subscription remain available from the Buyer’s account after the subscription ends, for as long as the account exists.

Subscriptions can only be purchased on the Website.

3.2 Single purchases and shop

The Website also offers single issues, access to the full archives, the complete boat test collection (“Intégrale des essais”) and shop products (books, clothing, accessories). Digital issues, archives and boat tests remain available from the Buyer’s account for as long as the account exists. Physical shop products can also be purchased in the App.

The main characteristics and price of each offer are shown on its page before ordering.

Article 4 – Ordering

The Buyer declares that they are at least 18 years old and have the legal capacity to enter into a contract, or have the authorisation of their legal representative.

To order, the Buyer selects the offer, checks the order summary (products, price, delivery costs, subscription term and renewal terms), may correct any errors, accepts the Terms of Sale and then confirms payment. The order is confirmed by a summary email sent to the address provided, which serves as a durable medium.

The benefit of the order is personal to the Buyer. A subscription may, however, be given to a third party where the offer allows.

Article 5 – Prices

Prices are shown in euros, including all taxes. Any delivery costs are specified before the order is confirmed. Products are invoiced at the price in force at the time of the order.

BlueWaterSky may change its prices. For an ongoing subscription, a new price only applies from the next period, after the Buyer has been informed at least one month in advance; the Buyer may then cancel free of charge before the new price applies.

Article 6 – Payment

Payment is made online when ordering, by bank card, PayPal or Apple Pay, through the secure payment provider Stripe. BlueWaterSky never has access to the Buyer’s full bank details. In the App, the Buyer can scan their card with the camera or enter it manually.

For subscriptions, the Buyer authorises the automatic charge of each new period’s amount to the registered payment method, until cancellation.

Products remain the property of BlueWaterSky until the price has been paid in full.

Article 7 – Term, renewal and cancellation of subscriptions

7.1 Start. The subscription starts once payment is confirmed. Digital access is available immediately. For the Print plan, the first magazine sent is the next issue to be published.

7.2 Monthly subscription. The monthly subscription has no minimum commitment. It renews automatically each month and can be cancelled at any time; cancellation takes effect at the end of the current month.

7.3 Annual subscription. The annual subscription is taken out for one year and renews automatically for the same period. In accordance with Article L. 215-1 of the French Consumer Code, BlueWaterSky informs the Buyer by email, no earlier than three months and no later than one month before the end of the current period, of the option not to renew the subscription; this notice states, in a clearly visible box, the deadline for cancellation. If this notice is not sent, the Buyer may cancel free of charge at any time after renewal; amounts paid for the remaining period are then refunded within thirty days.

7.4 Online cancellation. In accordance with Article L. 215-1-1 of the French Consumer Code, the Buyer may cancel their subscription at any time, free of charge, from the “My account” area on the Website, using a cancellation function accessible in no more than three steps. The Buyer receives an email confirming the cancellation and its effective date. The Buyer may also cancel by writing to admin@multihulls-world.com.

7.5 End of subscription. On the effective date of cancellation, access to content ends under the conditions of Article 3.1. For the Print plan, issues already published remain the Buyer’s.

Article 8 – Right of withdrawal

8.1 Principle. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, a Buyer acting as a consumer has 14 days to withdraw, without giving any reason and without penalty. This period runs:

• for a Basic or Standard subscription: from the date of subscription;

• for a Print subscription: from receipt of the first magazine;

• for a shop product: from its receipt.

8.2 Digital content supplied immediately. When the Buyer requests immediate access to digital content (access to articles, PDFs, issues, archives or digital boat tests), they are asked, before payment, to give their express consent to this immediate performance and to acknowledge that they thereby lose their right of withdrawal, in accordance with Article L. 221-28, 13° of the French Consumer Code. This consent is confirmed in the order confirmation email. Without this consent, the Buyer retains their right of withdrawal.

This waiver only concerns the digital part. For a Print subscription, a Buyer who withdraws is refunded the price, less, where applicable, the value of issues already received.

8.3 How to withdraw. The Buyer notifies their decision by any unambiguous statement, by email to admin@multihulls-world.com or by post, or using the form in the appendix. The Buyer returns any physical products no later than 14 days after this notification, at their own expense, in their original condition. BlueWaterSky refunds all amounts paid, including initial delivery costs, no later than 14 days after being informed of the decision, using the same payment method. The refund for physical products may be withheld until they have been received back.

Article 9 – Delivery

Print plan magazines are shipped on publication of each issue and are normally delivered within 21 days of actual publication.

Shop products are delivered to the address provided by the Buyer, within the zones, timeframes and delivery cost conditions shown before the order is confirmed. Failing any indication, delivery takes place no later than 30 days after the order.

The Buyer checks the condition of the parcel on receipt and reports any problem to the carrier and to customer service as soon as possible. In the event of a significant delay, the Buyer may terminate the sale under the conditions of Articles L. 216-6 et seq. of the French Consumer Code.

Article 10 – Product availability

Offers are valid while stocks last. If a product becomes unavailable after the order, BlueWaterSky informs the Buyer by email and offers either a product of equivalent quality and price, with delivery costs covered by BlueWaterSky, or a full refund within 14 days.

Article 11 – Legal guarantees

Physical products benefit from the legal guarantee of conformity (Articles L. 217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code). Digital content benefits from the legal guarantee of conformity for digital content (Articles L. 224-25-12 et seq. of the same code).

The terms for exercising these guarantees are set out in the boxes below, in accordance with Articles D. 211-2 to D. 211-4 of the French Consumer Code. The legally binding wording of these boxes is the French text appearing in the French version of these Terms of Sale; the translation below is provided for information.

Physical products (print magazines, shop products)

The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer only needs to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to supply all updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in return for returning the goods, if:

1° The professional refuses to repair or replace the goods;

2° Repair or replacement of the goods takes place after a period of thirty days;

3° Repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.

The above rights result from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs in bad faith the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in return for returning the goods.

Digital content purchased individually (issues, archives, complete boat test collection)

The consumer has two years from the supply of the digital content or digital service to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During one year from the date of supply, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity requires the supply of all updates necessary to keep the digital content or digital service in conformity.

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in return for giving up the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into conformity;

2° Bringing the digital content or digital service into conformity is unjustifiably delayed;

3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request that the digital content or digital service be brought into conformity first.

Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for being brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.

The above rights result from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who obstructs in bad faith the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving up the digital content or digital service.

Digital subscriptions (Basic and Standard plans, and the digital part of the Print plan)

The consumer is entitled to the application of the legal guarantee of conformity if a lack of conformity appears during the term of the subscription taken out (one month for a monthly subscription, one year for an annual subscription) from the supply of the digital content or digital service. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.

The legal guarantee of conformity requires the supply of all updates necessary to keep the digital content or digital service in conformity during the term of the subscription taken out (one month for a monthly subscription, one year for an annual subscription).

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in return for giving up the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into conformity;

2° Bringing the digital content or digital service into conformity is unjustifiably delayed;

3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request that the digital content or digital service be brought into conformity first.

Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for being brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again.

These rights result from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who obstructs in bad faith the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in return for giving up the digital content or digital service.

To make a claim under a guarantee, the Buyer contacts customer service at admin@multihulls-world.com.

Article 12 – Customer service

For any question, complaint or request relating to an order or subscription, customer service can be reached by email at admin@multihulls-world.com or by post: BlueWaterSky, Reader Services, 17 rue de l’Hôtel des Postes, 06000 Nice, France.

Subscribers of the former app who wish to transfer an active subscription or purchased issues can write to the same address.

Article 13 – Force majeure

BlueWaterSky cannot be held liable for any delay or failure to perform resulting from force majeure within the meaning of Article 1218 of the French Civil Code (including fire, flood, carrier strikes, decisions of a public authority). Performance is then suspended for the duration of the event.

Article 14 – Personal data

The data collected when placing an order is necessary for processing it, for delivery, invoicing and customer relationship management. Its processing and the Buyer’s rights are described in the Privacy Policy.

Buyers residing in France may register free of charge on the Bloctel telephone marketing opt-out list (www.bloctel.gouv.fr).

Article 15 – Mediation and governing law

These Terms of Sale are governed by French law.

In the event of a dispute, the Buyer first sends a written complaint to customer service. Failing a satisfactory response, a Buyer acting as a consumer may refer the matter free of charge to the consumer mediator CM2C, 49 rue de Ponthieu, 75008 Paris, France – +33 1 89 47 00 14 – www.cm2c.net – litiges@cm2c.net.

Failing an amicable solution, the dispute will be brought before the competent French courts under ordinary rules of jurisdiction.

Appendix – Withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To: BlueWaterSky, Reader Services, 17 rue de l’Hôtel des Postes, 06000 Nice, France – admin@multihulls-world.com

I hereby give notice that I withdraw from my contract for the sale of the following goods or the provision of the following service:

• Ordered on / received on:

• Name of consumer:

• Address of consumer:

• Order number:

• Signature of consumer (only if this form is notified on paper):

• Date: