LEGAL INFORMATION

GENERAL INFORMATION:
The website www.lagoon-motoryachts.com hereinafter referred to as the “Website” is published by:
CONSTRUCTION NAVALE BORDEAUX, SA with capital of €3,487,500, registered in the Bordeaux Registre du Commerce et des Sociétés (register of companies) under number 342 012 390.
Its registered office is located at: 162 quai de Brazza, 33072 BORDEAUX (France).
Tel: +33 5 57 80 85 50
E-mail address: info@cata-lagoon.fr
CNIL simplified declaration number: 1515420 v 0
Intra-community VAT ID No: FR 88.342 012 390

Publications manager: Mr. Dieter GUST

Web hosting : OVH, SAS with a capital of 10 069 020 €, 2 rue Kellermann - 59100 Roubaix – France, +33 9 72 10 10 07.

Access to and use of this Website are subject to the “Legal Notices” set out below, as well as all applicable laws and/or regulations.

Connecting to and accessing this Website implies full and unreserved acceptance by all visitors of all the provisions contained in these Legal Notices, which should be viewed whenever connecting to the Website.


Article 1 - Purpose of the Website

This Website belongs to CONSTRUCTION NAVALE BORDEAUX. Its purpose is to present
LAGOON MOTOR YACHTS products, the LAGOON motor range.


Article 2 - Private data

CONSTRUCTION NAVALE BORDEAUX agrees to refrain from using any private data you may supply in any way that would contravene current data protection legislation.

CONSTRUCTION NAVALE BORDEAUX collects the following personal information from you through registration forms:
- Surname and First name
- Company
- Postal address
- E-mail address, phone and/or fax number(s)
- Boat owned
- Homeport and/or navigation zone

This data is confidential and helps CONSTRUCTION NAVALE BORDEAUX to get to know you better. It is used with your express consent for the sole purpose of enabling you to access to services, receive the newsletter and to inform you about LAGOON products and services.

The data collected is used only by the Internal Departments of CONSTRUCTION NAVALE BORDEAUX and particularly by the communications, network development, marketing, and after-sales departments.

In accordance with articles 39 and subsequent of the French law 78-17 of 6 January 1978 (the French data protection act), anyone may view and, if need be, correct or request deletion of data relating to themselves by applying to the communications department. Anyone may also, for legitimate reasons, object to the processing of data relating to them.

Any questions concerning the processing of private data should be addressed to:
CONSTRUCTION NAVALE BORDEAUX
LAGOON
MARKETING DEPARTMENT
162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Email: info@cata-lagoon.com
Tel.: +33 5 57 80 85 50

Written requests accompanied by a copy of your identity card or similar official form of identity may be made to CONSTRUCTION NAVALE BORDEAUX at the above address in order to obtain, free of charge, any private data we hold concerning you and, where appropriate, to correct that information where it is inaccurate, incomplete, ambiguous or out of date or where the collection, use, communication or retention of such data is prohibited.

Furthermore, you can unsubscribe from our newsletters or any other communications sent by CONSTRUCTION NAVALE BORDEAUX by clicking on the unsubscribe link included in each newsletter or communication.

If your private data changes, you should notify CONSTRUCTION NAVALE BORDEAUX of such changes in writing at the address shown above.


Article 3 - Cookies

As you browse this Website, we are likely to save data related to your navigation in files known as “Cookies”. These are stored on your terminal (computer, tablet, mobile phone or any other device optimized for the Internet).

We have provided this page to help you understand what a Cookie is and enable you to adapt your settings.

These Cookies are used by CONSTRUCTION NAVALE BORDEAUX to improve your user experience and make it easier to browse this website.

3.1 - What is a Cookie?
A Cookie is a simple text file that is stored in a dedicated space on your terminal’s hard disk, via your browser, when visiting a website or viewing an advertisement. It contains several items of data, including the name of the server that deployed it (server of the website you are visiting), an identifier in the form of a unique number and in some cases a cookie expiry date.

In using Cookies a company or organization can recognize the terminal of the users on which it has been stored. It can also collect data related to how they browse websites and offer personalized services to them.

We would like to reassure you that these Cookies contain no private data and that only the company or organisation deploying the Cookies can read or modify the data within them.

3.2 - The Cookies used on this Website
- Cookies needed for this Website to work properly: these memorize data you enter in forms, manage and make access to privately accessed pages secure (registration or access to your account, service required, contents of a shopping basket, etc.)
- Functional Cookies: these adapt the presentation of the Website to your terminal’s display preferences (language used, display resolution, etc.) and personalize your access to the site.
- Analytical Cookies (or “audience measuring Cookies”): these collect traffic data anonymously to build statistics and establish how often the site is visited (number of visits, page views, etc.) and to know how the elements comprising this site are used (sections and pages viewed, etc.) enabling CONSTRUCTION NAVALE BORDEAUX to track and improve the quality of its services. This site uses Google Analytics, a service analysing Internet sites provided by Google Inc. (“Google”), with which we can analyse the way the website is used by its users.
-“Social Cookies”: enable you to interact with social modules on the Website (Facebook, Twitter, etc.).

3.3 - Managing Cookies
It is important to know that you can manage and control the installation of these Cookies on your terminal by changing your browser settings.

You can also configure your browser to accept or reject all Cookies either systematically or according to the name of the company deploying them. You can also choose to be informed automatically when a Cookies is stored on your device.

Lastly, you can configure your browser to have greater control over the management of your Cookies, by temporarily accepting or refusing Cookies before they are stored on your hard disk by the server of the website you are visiting.

We therefore advise you to configure your browser's settings to meet your satisfaction.
Since all browsers are different, you will need to open the “Help” menu of your browser to find out how to change the settings related to Cookies.

We remind you that any alterations to settings on your device can result in a change in browser behaviour and prevent you from accessing some of the services that require the use of Cookies. If these changes are not satisfactory, you can change your Cookies settings again at any time.


Article 4 - Limitation of liability

As a user of this Website, you confirm that you have the skills and technical resources required to access and use it.

You confirm that you have checked that your computer equipment contains no viruses, and that it is in perfect working order. You must also have read these Legal Notices and agree to respect the conditions they impose.

You are solely and fully liable for the use you make of this Website. CONSTRUCTION NAVALE BORDEAUX may not be held liable for any damage, whether direct or indirect and, more specifically, damage to equipment, loss of data or programs or financial loss arising as a result of using this Website or those web sites to which it has links.


Article 5 - Security

In making use of this Website, you agree to refrain from any action capable of causing computer failures, whether functional or of any other nature, affecting the operation of the Website or of any server or service that may be accessed via the Website.

Within the space constituted by the Website, you expressly agree to provide only reliable information, data, documents and/or files that are inoffensive and not likely to affect the operation of the Website or of any server or service that may be accessed via the Website.

You agree that when using the Website or any server or service that may be accessed via the Website, you will:
- comply with all current national and international laws and regulations, and respect the rights of third parties.
- refrain from prejudicing the image of CONSTRUCTION NAVALE BORDEAUX in any way and in any form whatsoever.

CONSTRUCTION NAVALE BORDEAUX cannot be held responsible for any detriment arising from access by a user to the Website and/or use of the Website, or inability to access it.


Article 6 - CONSTRUCTION NAVALE BORDEAUX’s limitation of liability

CONSTRUCTION NAVALE BORDEAUX opened this Website to provide information for the personal use of its users. Under no circumstances may the data on this Website be exploited commercially without the prior authorization of CONSTRUCTION NAVALE BORDEAUX in writing.

The Website offers a general presentation of LAGOON's products, and services. Consequently, CONSTRUCTION NAVALE BORDEAUX cannot be held liable for any lack of precision or omission in the data online on this Website.

The information shown on the Website (texts, graphics, photos, etc.) is of a purely general and informative nature and is provided for information purposes only. Despite our constant vigilance, this website cannot constitute a contractual document and may not be used as a ground for legal action.

To obtain precise updated information, particularly in relation to prices, availability, characteristics, content and variants of the different products and services shown on this Website, we recommend that you contact the dealer of your choice.

CONSTRUCTION NAVALE BORDEAUX has entrusted the distribution of its LAGOON products and services to a network of dealers and independent traders. They are the only people authorized to provide you with precise up-to-date information on the characteristics and prices of the products and services that they commercialize.

CONSTRUCTION NAVALE BORDEAUX has a continuous development policy for its networks' products and services and, without prior notice or informing the public, it reserves the right to modify information related to characteristics of products presented without incurring liability.

Since CONSTRUCTION NAVALE BORDEAUX is unable to present its complete range on this Website, we recommend that you contact the dealer of your choice to obtain additional and personalized information.

The information shown on this Website is the latest update of the different pages of the Website when it was put online. Modifications may have been made since the last update. This is why we recommend that you refer to the dealer of your choice for further information and to find out about recent developments.

CONSTRUCTION NAVALE BORDEAUX cannot guarantee the reliability and exhaustive nature of the information provided for internet users on its Website.


Article 7 - Intellectual Property

7.1 – Copyright
CONSTRUCTION NAVALE BORDEAUX is the author of this Website within the meaning of articles L 111.1 and subsequent of the French Intellectual Property Code.
This Website was designed and produced by CLARIS (www.claris.fr).

The text, photographs, animations, drawings, sounds and other creations, with the exception of the works described below, are the sole property of CONSTRUCTION NAVALE BORDEAUX.

Photographs credited as by Nicolas Claris are the work of the latter and videos and their music credited as by Romain Claris are the work of the latter. For any use of such photographs, videos and/or music, outside of the uses and categories of Users defined in Article 8 relating to the Photo Library, the CLARIS company should be contacted directly: +33 5 56 32 42 52 / claris@claris.fr.

Any reproduction, whether direct or indirect, temporary or permanent, by any means and in any form whatsoever, whether in full or in part, and any representation, use or modification, even partial modification, of this Website are prohibited. Any such use constitutes a copyright infringement, punishable by four years' imprisonment and a fine of €300,000 (Article L 335-4 of the French Intellectual Property Code).

7.2 – Brand copyright
The named and semi-figurative LAGOON brands are registered by CONSTRUCTION NAVALE BORDEAUX and are the sole property of the company.

The CNB YACHT BUILDERS, CNB PRO, EYB, JEANNEAU, PRESTIGE and BENETEAU brands are referred to by CONSTRUCTION NAVALE BORDEAUX on this Website with the permission of their respective owners.

Any reproduction, use, imitation, insertion, deletion or modification of these brands, without the permission of CONSTRUCTION NAVALE BORDEAUX or their owners beforehand, constitutes an infringement punishable by four years' imprisonment and a fine of €300,000 (Article L 716-9 of the French Intellectual Property Code).


Article 8 - Conditions of use of the photo library

8.1 - Acceptance of the “General Conditions”

Access to the CONSTRUCTION NAVALE BORDEAUX "Photo Library" for the LAGOON brand, and the use of photographs, videos, plans, press releases, logos or any other documentation (hereinafter the "Visuals"), available in the said Photo Library, implies full and unreserved acceptance of the "General Conditions", without limitation or conditions. Failing this, the "User" will be unable to access the Photo Library.
Before downloading or using the Visuals, the User undertakes to carefully read the General Conditions and accept them by ticking the box provided for this purpose.

CONSTRUCTION NAVALE BORDEAUX reserves the right to modify unilaterally, at its sole discretion and at any time, all or part of the General Conditions. Any modification of the General Conditions shall take effect immediately on publication on the Photo Library and is automatically binding on the User. The user shall therefore regularly review the said General Conditions prior to downloading or use of Visuals.

8.2 - Access to the Photo Library
Use of the Photo Library is intended solely for three (3) categories of User:
- "Internal Departments" of CONSTRUCTION NAVALE BORDEAUX, including its employees and Communication Agencies;
- the "Press";
- the "Network" of LAGOON brand dealerships/distributors.

Any other User such as private owners of LAGOON brand boats, associations, partners, suppliers, charter companies, etc., this list not being exhaustive, (hereinafter referred to as "Other Users") not belonging to one of the three (3) previously mentioned categories is not authorised to access the Photo Library.

The use of the Visuals depends on the category to which the User belongs.

Before being able to access the Photo Library, the User must submit an access request to CONSTRUCTION NAVALE BORDEAUX by completing a registration form mentioning in particular his surname, first name, company, email address and intended use of the Visuals.

If the access request is approved, CONSTRUCTION NAVALE BORDEAUX will send the User a confirmation email, as well as a User id and a password. The said User id and password are strictly personal and confidential. The User shall expressly refrain from communicating them to anyone for any reason whatsoever.

In the event of loss of login credentials, the User can request that CONSTRUCTION NAVALE BORDEAUX readvise them by clicking the "Forgotten your password" link and supplying the information that is requested. A new password will then be sent by email.

The User is responsible for all downloads made using his credentials and any detriment resulting from any fraudulent use. Any login and/or use of Visuals effected using his credentials will be deemed to have been performed by the User holding the said credentials and under his sole responsibility.

CONSTRUCTION NAVALE BORDEAUX reserves the right to refuse access to the Photo Library, suspend, restrict and/or withdraw access, at its sole discretion and without notice.

8.3 - Use of Visuals
The Press is authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media, solely in the press (general or specialist print media or on the Internet), whether the Visuals are used for editorial content or on the cover.

The Network and the Internal Departments are authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media (print or Internet), solely for the promotion of the LAGOON brand and its products.

Other Users are able to view the Visuals in low definition on the areas of the Website accessible without logging in, and must contact CONSTRUCTION NAVALE BORDEAUX in advance with any request to use them.

The use of the Visuals thus defined is permitted subject to compliance with the following cumulative conditions:
- The Visuals shall in no circumstances be used for the purpose of illustration of articles or reports unrelated to the LAGOON brand's business or products, or that would impair its brand image or reputation;
- The Visuals shall in no circumstances be used for commercial, advertising, immoral, defamatory or offensive purposes, to denigrate persons (natural or legal) or goods, and/or any other use that would be contrary to the laws in force in France or in any country in which the Visuals are used;
- The Visuals shall in no circumstances be disclosed to third parties;
- The Visuals shall in no circumstances be altered in any way whatsoever. By way of example, the following are thus prohibited: any changes to the colours or cropping of the Visuals. Users are however permitted to reduce the size of a Visual provided that the entire Visual is reproduced and that its original proportions and quality of resolution are unaltered;
- Any reproduction of a Visual shall without fail include the photo credit as well as the name of the photographer and/or identification of the image, as well as the indication ©LAGOON, according to the Visual selected.
- A copy of the publication incorporating the Visual (copy of magazine, website URL, PDF artwork, website address at which the photographs or a screenshot are located, etc.) shall be sent, on the first request, to the following address:
CONSTRUCTION NAVALE BORDEAUX
LAGOON
MARKETING DEPARTMENT
162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Email: info@cata-lagoon.com
Tel.: +33 5 57 80 85 50

For any use not covered in the General Conditions, the User shall without fail contact CONSTRUCTION NAVALE BORDEAUX in advance.

8.4 - Intellectual property
The Photo Library and its contents, in particular the Visuals, are protected by intellectual property rights belonging to CONSTRUCTION NAVALE BORDEAUX (refer to article 7 of these General Conditions).

Rights of use granted to the User (as defined above) shall in no circumstances be interpreted as assignment of intellectual property rights in respect of the Visuals.

Any use of the Visuals in breach of the General Conditions constitutes an infringement punishable under intellectual property law and exposes the User to civil and/or criminal proceedings. In the event of doubt as to the scope of the authorisation to use the Visuals granted by the General Conditions, it is recommended that the User contact CONSTRUCTION NAVALE BORDEAUX.

No right of use is granted to the User in respect of any element of the Photo Library other than the Visuals. The reproduction or representation, in whole or in part, of any element of the Photo Library other than the Visuals, by any process or medium whatsoever, is prohibited and constitutes an infringement.

8.5 – Exclusions of warranty - limitation of liability
Access to the Photo Library and use of the Visuals are undertaken under the User’s sole responsibility.

CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.

The User undertakes to indemnify and hold harmless CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, in respect of any claim that may be instituted against them arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.

CONSTRUCTION NAVALE BORDEAUX does not in any circumstances guarantee that the server that it uses is free from viruses. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from a User’s computer equipment being damaged or destroyed by a virus further to access to and/or use of the Photo Library.

CONSTRUCTION NAVALE BORDEAUX does not in any circumstances guarantee access to or correct operation of the Photo Library. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from failure to access or incorrect operation of the Photo Library.


Article 9 - Hypertext linking and referencing

9.1 The Website can contain hypertext links leading to other websites, completely independent of this Website. CONSTRUCTION NAVALE BORDEAUX does not imply endorsement or guarantee the accuracy, comprehensiveness, or truthfulness of the information contained on any website it is connected to by hypertext links.
Consequently, you are responsible for any access to another website connected to this Website.
9.2 Any creation of a hypertext link to this Website and any referencing of it are not allowed without the express permission in writing of CONSTRUCTION NAVALE BORDEAUX.


Article 10 - Modification of this Website’s Legal Notices

CONSTRUCTION NAVALE BORDEAUX reserves the right to change or correct these Legal Notices at any time and without prior notice, especially in the event of changes to current legislation, where such changes made are to ensure compliance.


Article 10 - Applicable law

This Website, these Legal Notices and these Conditions of Use of the Photo Library are subject to French law.