General Terms & Conditions
This document is a Storage Contract and describes the contract between Riviera CBay (referred to as Storage Depositor/Seller) and the Storage Depositor named on the storage contract (referred to as Storage Depositor). The following are the promises which (a) the Company makes to you with regard to the storage of your personal property (referred to as the goods), and (b) which Storage Depositor/Seller make to the Company with regard to the sale of your goods.
The Company promises: (i) to provide storage and safekeeping services for your goods at the warehouse location described on the storage contract; (ii) to act with reasonable care in the storage and safekeeping of your goods, according to the standard of care and prudence which a reasonably careful and prudent person would observe in care of such goods; (iii) to respond promptly to any claim made against the Company based on loss or damage to your goods; and, (iv) to promptly notify you of any changes involving the storage of your goods, including, but not limited to (A) change of storage location, (B) change of storage rate; and (C) other matters regarding your goods of which you should reasonably be notified.
Storage Depositor promise the Company as follows: (i) to pay the storage, transportation, and related charges described on the storage contract; (ii) to furnish all information reasonably requested by the Company in connection with the storage of your goods; and (iii) to pay the Company any expense that it may incur in (a) defending itself or seeking legal advice regarding any matter relating to the storage of your goods, and (b) defending itself of seeking legal advice because you have breached or broken any of the promises described in this Agreement.
The 'Seller' hereby authorizes Riviera CBay to issue an invoice, with the sellers address, to the Buyer once the purchase and payment is complete.
Liability of the Company. The Company will be liable for its failure to provide reasonable care in the storage and safekeeping of your goods. However, this liability is limited to a maximum of a total of 2,000€ for all your goods. The Company will only be liable for the payment of this, or any other amount, if it is determined that the Company breached its duty of reasonable care with respect to your goods. This amount of liability may be increased by your payment of a higher rate to the Company for the storage and safekeeping of your goods. You acknowledge that the Company has explained this fact to you and offer you the opportunity to pay a higher rate, in order to increase this liability amount.
CBAY’s Lien. Storage Depositor agree that Storage Depositor have title to and/or the sole right to possession of the goods placed in storage, and that there is no other lien or interest in the goods owned by any person. Storage Depositor also agree that in the event you fail to pay to the Company its storage, transportation, and related charges, that the Company may sell your goods in accordance with applicable provisions of the country in which the warehouse is located. You also agree that the Company has a warehouseman’s lien as well as a security interest against your goods to the extent of all money owed to the Company for storage, transportation, and related charges.
Non-Liability of the Company. Because of the nature of the Company’s business there are certain events and circumstances which may result in loss or damage to the goods for which the Company will NO liability. These include loss or damage resulting from (a) war; (b) insurrection; (c) labor trouble; (d) acts of God; (e) acts of public enemy; (f) riots; (g) weather; (h) traffic; (i) elevator service; (j) inherent vice; (k) moths, vermin or other insects; (l) rust; (m) water; (n) changes in temperature; (o) fumigation; (p) deterioration; (q) dampness of atmosphere; (r) earthquake; (s) leakage; (t) heat; or (u) furniture assembled by the storage depositor commonly referred to as ready to assemble or knocked down (kd) furniture.
Special Documents. Unless a separate written agreement is made between you and the Company, the Company will have NO liability for loss or damage resulting to the following types of goods: (a) documents; (b) stamps; (c) securities; (e) jewellery; (f) or other articles of high or unusual value.
Mechanical Functions. The Company will not be responsible for loss or damage occurring with regard to the mechanical functions of items included with your goods in storage such as, but not limited to: (a) musical instruments; (b) radios; (c) stereo sets; (d) television sets; (e) computers; (f) refrigerators; (g) air conditioners; or (h) other instruments or appliances.
Change of Address. The Company is entitled to rely on the address which you have given the Company and you are entitled to rely on the address which the Company has given you, for all notices regarding the storage of your goods. No change of address will be valid unless it is in writing and actually received by the party being notified.
Termination of Storage. There are many reasons why it may be necessary for the Company to terminate the storage of your goods. This may occur due to a change in Company location, a change in the nature of the Company’s business, or many other factors not known by the Company at this time. The Company may terminate the storage of your goods by giving you thirty (30) days written notice. If you do not remove your goods after being given this notice, the Company has the right to relocate your goods to another location, and to bill you for any charges (including, among other things, transportation and re-inventory) resulting from this relocation.
Change of Rates. The rates which will be charged for storage and related services are those stated in the Storage Contract. However, the Company may adjust these charges during the time your goods are in storage. However, for any such change to be effective, the Company must give you thirty (30) days written notice of any such changes. If you do not wish to pay increased rate for the storage of your goods, you have the option to remove the goods upon the payment in full of your account balance.
Other Services. This Warehouse Receipt & Storage Contract describes the legal responsibility of the Company to you with regard to the storage of your goods. It does not apply to transportation or other transactions. Other transportation documents will be provided by the Company to you if the Company is also acting as a Mover with regard to your goods.
Filing of Claims. If you wish to make a claim against the Company based on loss or damage to your goods, this claim must be in writing and must be delivered to the Company within sixty (60) days after the later of either (a) your knowledge of the loss or damage; (b) the Company’s written notice to you regarding the condition or loss of the goods; or (c) delivery of the goods to you. The Company and you agree that if such a claim is not filed on a timely basis, it may not be pursued by you against the Company. In addition, because of the nature of the Company’s business, it is necessary for the Company to be promptly aware of any potential claims or lawsuits against it. For this reason, you and the Company agree that if any legal action is to be started by you against the Company, it must be started within twelve (12) months after you have filed a written claim with the Company which complies with the requirements described above.
Entire Agreement. This is the complete agreement between Storage Depositor and the Company regarding the storage of your goods. While there may be laws or regulations which will apply to the relationship between you and the Company, there is no agreement which applies between Storage Depositor and the Company unless such other agreement is in writing and is signed by both you and a representative of the Company. If any part of this agreement is unlawful or determined to be unlawful, it shall be deemed amended to comply with any applicable law or determination.
CONSIGNMENT-SALE General Terms and Conditions
Article 1: Purpose of the contract:
By means of this contract the Consignor entrusts to the Consignee, for consignment-sale, the items cited on page 1 of the present contract.
Article 2: Consignment procedure:
Each of the parties must retain a copy of the signed contract. Any additional consignment during the contract shall require a new consignment from, duly completed and signed.
Article 3: Term of the contract:
This contract takes effect at the date cited in the contract and runs for one year from the date of its signing. The Consignor has a period of 2 months, from the date that this contract ends, to either renew the contract or to have his/her items returned from the storage. If, after this time, the Consignor has not come to collect his/her has abandoned them and hence that the Consignor renounces any possibility of claiming their return.
Article 4: Consignment-sale
The articles covered by this contract and put up for sale by the Consigneee come from private individuals and/or companies engaging our services to sell second-hand equipment installed on their yachts. The company RIVIERA CBAY therefore acts as an intermediary between the seller and buyer and cannot be held responsible for malicious intent by the Consignor. In case of a concealed fault, the final buyer may take action against the seller with the relevant court. The company RIVIERA CBAY reserves the right to withdraw from sale, without advance notice and by informing the Consignor by email or telephone as soon as possible, of any item containing a defect in form or operation which was not indicated at the time this contract was signed and which would thus make the item unsuitable for sale in the conditions of quality required by the Consignor, and likewise any article about which the Consignee has doubts as to its origin or the identity of its presumed owner (theft - receiving of stolen goods etc.).
Article 5: Mandate
The Consignor grants the Consignee an exclusive mandate to sell, on his/her behalf, the items cited in the Special Conditions and authorizes him to levy, on the selling price of such articles, commission at the agreed rate, expressed as a percentage of the sale price.
The period for which items are put up for sale is one year.
The Consignee reserves the reight to refuse to offer for sale any item failing to meet current legislation and, in particular, maritime regulations.
Article 6: Sale price and terms of payment
The sale price of object consigned for sale is set by the Consignor. RIVIERA CBAY undertakes to pay the price of the article covered by this contract, minus a commision and any eventual transport, shipping and/or web sale costs (as in Article 8), when the sale has been concluded and the price paid by the buyer.
Article 7: Charges
The Consignor hereby agrees to the storage and commission rates related to the item in this contract as presented on the revers page. The Consignor hereby agrees to any eventual costs relating to the sale of the item such as web sale site advertisement.
Article 8: Changements of Consignor details
The Consignor is responsible to communicate any changes of ownership of the yacht and/or changes of command of the vessel with immediate effect. The Consignor is also responsible to communicate any changes in the contact details (telephone & email).
Article 9: Disputes - Responsabilities
The Consignee shall not be liable for the quality and operation of second-hand items sold on behalf of their Consignors.
Article 10: Ownership of goods
The Consignor declares that the owner of the vessel, as shown in the Registration Certificate attached, is the sole owner of the consigned article.
Article 11: Authorized signature on behalf of the Owner
The Consignor declares he/she is authorised, as the Captain of the vessel, to sign this contract on behalf of the Owner.
Aricle 12: Status of sales underway
The Consignor will receive a bi-monthly email regarding the status of the item in this contract.
Terms and conditions of Sale of Goods
In these terms -"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, including any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller to Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buyer's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; "Contract" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, which contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order.
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2. Price & Payment
The price shall be the Recommended Retail Price, unless otherwise agreed in writing between the parties. French VAT is not applicable on the price as the seller is a private person.
The buyer will receive an invoice, by email, from the Seller once the payment is confirmed.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
7. Return of Unused Goods
All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
Any returns must be authorised by a representative of the Seller before any credit will be given.
Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Sold List.
The Seller will be wholly responsible for reimbursement of Credit of amounts due to the Buyer or paid in which will be given only for goods that are in saleable condition.
8. Claims and Liability
a) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
b) In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods.
c) Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Seller's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice.
d) Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
e) Any and all warranties, undertakings, guarantees or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer.
9. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
10. Relationship of parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
11. Assignment and Sub-contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The buyer is responsible for the payment of all applicable fees from bank transfers, PayPal & Stripe accounts.
15. Flat Storage Rates:
1m² - 10m² 30 Euros per m² per month
10m² - 20m² 25 Euros per m² per month
20m² - 30m² 20 Euros per m² per month
16. Flat Storage Rates when items are for sale:
1m² - 10m² 25 Euros per m² per month
10m² - 20m² 22 Euros per m² per month
20m² - 30m² 18 Euros per m² per month
17. Sale Commission Rates
300 - 999 Euros 30%
1000 - 2999 Euros 25%
3000 - 5999 Euros 20%
6000 - 9999 Euros 15%
Above 10000 Euros 10%