Terms and conditions of sale

KAWANN SUPPLY

You set the course. We handle the provisioning.

Draft version — applicable to the website www.kawannsupply.mq — [EFFECTIVE DATE TO BE CONFIRMED]

Article 1 — Purpose and Scope

The purpose of these terms and conditions of sale (hereinafter the « T&Cs ») is to define the rights and obligations of the parties in connection with the online sale of the products offered by KAWANN SUPPLY (hereinafter « KAWANN SUPPLY » or « the Seller ») through its website www.kawannsupply.mq (hereinafter « the Site »), together with the terms of delivery dockside or on board pleasure craft moored at Marina du Marin (Martinique).

Any order placed on the Site implies the customer's unreserved acceptance of these T&Cs (hereinafter « the Customer »), who declares having read them before confirming the order.

These T&Cs apply to the exclusion of all other conditions. They are available at all times on the Site and prevail over any other version or any conflicting document.

KAWANN SUPPLY reserves the right to amend these T&Cs at any time. The applicable T&Cs are those in force on the date the order is confirmed.

Article 2 — Seller Identification

Site host: IONOS Cloud Ltd, No. 2 Cathedral Walk, The Forum, Gloucester, GL1 1AU, United Kingdom — telephone: +44 (0) 1452 541 285. Servers located in the United Kingdom. Hosting managed on behalf of KAWANN SUPPLY by FreshMarkom.

Article 3 — Products

KAWANN SUPPLY offers for sale food products (groceries, beverages), marine supplies and items intended for the provisioning of pleasure craft and their crews.

The products are described and presented as accurately as possible. Errors or omissions may nevertheless occur in that presentation and may not, on that basis alone, give rise to any liability on the part of KAWANN SUPPLY.

Offers are valid while stocks last. Should a product become unavailable after an order has been placed, KAWANN SUPPLY will inform the Customer as soon as possible and will offer, as the case may be, a substitute product of equivalent quality, a refund of the line concerned, or cancellation of the order.

Article 4 — Customer Categories and Access to Pricing

The Site distinguishes between three categories of Customer, each with its own price list, displayed dynamically according to the account logged in:

• Leisure boater (individual / B2C);
• Professional (Pro);
• Charter company (Charter).

Access to a Pro or Charter account, and to the associated pricing, is subject to a prior request addressed to KAWANN SUPPLY, accompanied by a Kbis company registration extract less than three months old evidencing the applicant's professional activity. Once the request has been reviewed, a username and password are provided to the Customer so they can log in to their dedicated area.

Any fraudulent use of a Pro or Charter account, in particular by a Customer who does not meet the conditions for access to that category, may result in suspension of the account and retroactive application of Leisure boater pricing.

Article 5 — Orders

The Customer selects the products of their choice and adds them to their basket. The order is confirmed once the summary (products, quantities, prices, payment method, delivery details) has been approved.

Confirmation of the order constitutes acceptance of these T&Cs as well as of the prices and descriptions of the products ordered.

KAWANN SUPPLY acknowledges receipt of every order by email.

The Customer warrants the accuracy of the information provided when ordering, in particular the information relating to the identification and location of their vessel (see Article 8.4).

Article 6 — Prices

Product prices are shown in euros (€), inclusive of all taxes.

The prices displayed vary according to the Customer's pricing category (Leisure boater / Pro / Charter), determined by their account.

Delivery charges are added to product prices, calculated as a percentage of the order amount according to the delivery method chosen (see Article 8.3).

KAWANN SUPPLY reserves the right to amend its prices at any time, it being specified that the price applicable to an order is the one in force when that order is confirmed.

Article 7 — Payment Terms

Orders are paid for as follows:

• by bank card, online, through the secure Stripe payment solution integrated into the Site, at the time of ordering;
• dockside, in cash or by bank transfer, on delivery;
• for Customers holding a Pro or Charter account, by deferred payment within 30 days of the invoice date, by bank transfer, unless otherwise agreed between the parties.

Any sum unpaid when due may result in suspension of the Customer account and of deliveries in progress, without prejudice, for professional Customers, to the late-payment penalties and the fixed recovery-cost indemnity provided for in articles L. 441-10 and D. 441-5 of the French Commercial Code.

KAWANN SUPPLY reserves the right to refuse or suspend any order from a Customer with whom a previous payment dispute exists.

Article 8 — Delivery

8.1 Delivery area

Deliveries are made exclusively within Marina du Marin (Martinique).

8.2 Delivery times

Unless otherwise stated on the product page, or in the event of circumstances beyond KAWANN SUPPLY's control (weather conditions, supplier stock shortage, etc.), orders are delivered within two working days (D+2) of the order being confirmed.

8.3 Delivery methods and charges

When ordering, the Customer chooses between dockside delivery and delivery on board their vessel. Each method gives rise to delivery charges calculated as a percentage of the order amount including tax, according to the following scale:

Delivery method	Customer category	Delivery charge
Dockside delivery	All categories (Leisure boater, Pro, Charter)	3% of the order amount including tax
Delivery on board	Leisure boater (individual)	7% of the order amount including tax
Delivery on board	Professional (Pro)	5% of the order amount including tax
Delivery on board	Charter company	2% of the order amount including tax

These charges are calculated and displayed automatically during checkout, according to the delivery method and the Customer category.

8.4 Vessel identification and location

The Customer is solely responsible for the accuracy of the information relating to the identification and location of their vessel (vessel name, pontoon, berth number) provided when ordering. In the event of an error, an imprecision or a change of berth not notified to KAWANN SUPPLY before delivery, KAWANN SUPPLY may not be held liable for any resulting failed or late delivery, and the costs relating to a further delivery attempt may be charged to the Customer.

8.5 Absence of the Customer during a delivery on board

Should the Customer or their crew be absent during a delivery on board, or should access to the vessel be impossible through the Customer's fault, KAWANN SUPPLY reserves the right to leave the order dockside or to propose a new delivery slot. In the latter case, a re-delivery fee of €40 including tax will be charged to the Customer.

Article 9 — Transfer of Ownership and Risk

Ownership of the products passes to the Customer upon confirmation of the order and payment of the price in full. Risk of loss and damage passes at the time of actual delivery of the products — dockside or on board, depending on the method chosen — evidenced by handing the products over to the Customer or to a member of their crew, or by leaving them at the agreed location.

Article 10 — Right of Withdrawal

10.1 In accordance with article L. 221-28, 4° of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of goods liable to deteriorate or expire rapidly. Accordingly, all food products, beverages and perishable goods offered for sale by KAWANN SUPPLY are excluded from the right of withdrawal.

10.2 For non-food products (marine supplies, deck hardware, non-perishable equipment), Leisure boater Customers (individuals) benefit from a withdrawal period of fourteen (14) days from receipt of the product, in accordance with articles L. 221-18 et seq. of the French Consumer Code, provided that the product is returned in its original condition, unused and in its original packaging, at the Customer's expense.

10.3 This right of withdrawal does not apply to Professional and Charter Customers acting in the course of their professional activity, in accordance with the preliminary article of the French Consumer Code.

10.4 In any event, and given the nature of the yacht provisioning business, no return of goods may be accepted once the vessel has departed on its cruise: all products delivered are deemed definitively accepted by the Customer as from casting off.

Article 11 — Missing, Damaged or Non-conforming Products

The Customer has forty-eight (48) hours from delivery to report any discrepancy to KAWANN SUPPLY by email at contact@kawannsupply.mq: a missing or damaged product, a product not conforming to the order, or a product whose use-by date has passed.

After that period, the delivery is deemed to be conforming and complete, subject to latent defects that could not be detected at the time of delivery.

Any claim should be accompanied, as far as possible, by photographs and by the relevant order number.

After verification, KAWANN SUPPLY will, as the case may be, replace the product concerned, refund it, or issue a credit note.

Article 12 — Legal Warranties

Independently of the claims procedure set out in Article 11, the products sold by KAWANN SUPPLY benefit, for consumer Customers, from the legal warranty of conformity (articles L. 217-3 et seq. of the French Consumer Code) and from the legal warranty against latent defects (articles 1641 et seq. of the French Civil Code), under ordinary law conditions.

Article 13 — Liability

KAWANN SUPPLY may not be held liable for non-performance or late performance of the contract in the event of force majeure, in particular in the event of a weather event (cyclone, weather warning), strike action, supply shortage at a supplier, or any event beyond its reasonable control.

KAWANN SUPPLY may not incur liability in the event of an error in the identification of the vessel or its location attributable to the Customer (Article 8.4).

In any event, KAWANN SUPPLY's liability in respect of an order is limited to the amount of that order.

Article 14 — Personal Data

14.1 Data controller. KAWANN SUPPLY, whose details appear in Article 2, is the controller of the personal data collected on the Site.

14.2 Purposes. The data collected (identity, contact details, vessel information, order history, payment data processed by our provider Stripe) is used for order management, invoicing, delivery, customer relations and, subject to the Customer's consent, the sending of marketing communications.

14.3 Legal basis. Processing is based on performance of the sales contract, compliance with KAWANN SUPPLY's legal and accounting obligations, and, for marketing purposes, legitimate interest or the Customer's consent.

14.4 Recipients. The data is intended solely for the authorised internal departments of KAWANN SUPPLY and, where applicable, for its technical providers (Site host, Stripe payment solution, business management software), strictly to the extent necessary for the performance of their services. No data is transferred to third parties for commercial purposes. The Site is hosted in the United Kingdom, a country recognised by the European Commission as providing an adequate level of personal data protection.

14.5 Retention period. Data is retained for the duration of the business relationship, plus the applicable statutory limitation periods in commercial, accounting and tax matters.

14.6 Customer rights. In accordance with Regulation (EU) 2016/679 (GDPR) and French Act no. 78-17 of 6 January 1978 as amended, the Customer has the right to access, rectify, erase, restrict, object to and port their data, as well as the right to issue directives regarding the fate of their data after their death. These rights may be exercised by email at contact@kawannsupply.mq.

14.7 The Customer also has the right to lodge a complaint with the French data protection authority, the Commission Nationale de l'Informatique et des Libertés (CNIL — www.cnil.fr).

14.8 Cookies. The Site may use technical cookies necessary for its operation as well as, subject to the Customer's prior consent obtained through a dedicated banner, audience measurement or personalisation cookies.

Article 15 — Intellectual Property

All elements of the Site (structure, texts, logos, the KAWANN SUPPLY trademark, visuals, graphic identity) are the exclusive property of KAWANN SUPPLY or of its partners, and are protected by copyright, trademark law and, more generally, intellectual property law. Any reproduction, representation or exploitation, in whole or in part, without the prior written authorisation of KAWANN SUPPLY, is strictly prohibited.

Article 16 — Mediation and Amicable Dispute Resolution

In accordance with articles L. 616-1 et seq. of the French Consumer Code, every consumer Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute concerning them, before bringing any legal action.

For cross-border disputes within the European Union, the Customer may also use the online dispute resolution (ODR) platform set up by the European Commission.

Article 17 — Governing Law and Jurisdiction

These T&Cs are governed by French law.

In the event of a dispute, and after an attempt at amicable resolution — including, where applicable, through the mediator referred to in Article 16 — the competent courts shall be:

• for consumer Customers (Leisure boaters): the court of their place of residence or that of the registered office of KAWANN SUPPLY, at the Customer's choice;
• for professional Customers (Pro and Charter): the Commercial Court of Fort-de-France, including where there are several defendants or in the event of third-party proceedings.

Article 18 — Miscellaneous Provisions

Should any clause of these T&Cs be declared void or unenforceable under any law, regulation or court decision, the remaining clauses shall retain their full force and effect.

The fact that KAWANN SUPPLY does not, at a given time, rely on any clause of these T&Cs may not be construed as a waiver of its right to rely on that clause at a later date.