Terms of Service

1. General information

These Terms of Use of the website ("Terms") define the rules for accessing the YachtFinder24 website available at YachtFinder24.com and using its functions.

The operator of YachtFinder24 is:

Email: info@necsaris.com

Use of features that require an account, posting ads or requesting paid services requires acceptance of these Terms.

If you do not accept the Terms, you should not use these website features.

2. Definitions

For the purposes of these Terms:

Platform or YachtFinder24 – YachtFinder24.com website.

Operator – Necsaris Group.

User – a person using the Platform.

Seller – a private or corporate user publishing an advertisement.

Buyer – a user viewing advertisements or contacting the Seller.

Business User – a person or entity using the Platform in connection with their business or professional activity.

Advertisement - content published on the Platform regarding the sale, rental or offer of a boat, yacht, engine, jet ski, trailer, parking space, equipment or other item or service approved by YachtFinder24.

Paid service – a paid service provided by YachtFinder24, in particular the publication, extension, distinction or promotion of an advertisement.

3. Nature of the Platform

YachtFinder24 is an online advertising service enabling the publication and viewing of advertisements as well as contact between interested users.

The Operator is not a party to the sales contract or other transaction concluded between users.

The Operator is not the owner of the items published in the advertisements and does not act as a seller, dealer, broker, agent, financial intermediary or legal, tax or technical advisor in transactions between users.

The operator does not conduct negotiations on behalf of users and does not accept payment for the yacht, boat, equipment or other item that is the subject of the advertisement.

The fees charged by YachtFinder24 relate exclusively to services provided by the Platform, such as publication or promotion of an advertisement.

The Operator does not guarantee the sale of an item, the receipt of inquiries, a specific number of views or the achievement of a specific commercial result.

4. Terms of use of the Platform

An account at YachtFinder24 can be opened by a person who is over 18 years of age and has the ability to enter into binding contracts.

The User undertakes:

• provide true, current and complete information;
• use the Platform in accordance with the law and these Terms;
• protect your account login details;
• do not make the account available to unauthorized persons;
• immediately inform the Operator if you suspect unauthorized access to your account.

You are responsible for activities that occur under your account to the extent permitted by applicable law.

5. Private and business accounts

YachtFinder24 can provide private and corporate accounts.

The User is obliged to select the type of account corresponding to the actual nature of using the Platform.

The business user should provide the information required by the Platform to identify the company, publish advertisements, contact, settle and issue accounting documents.

The Operator may request additional information or documents if they are necessary to confirm the user's identity, authority to represent the company, security of the Platform or compliance with a legal obligation.

It is prohibited to impersonate another person, company or organization or provide information that may mislead other users.

6. Publishing listings

By publishing the advertisement, the Seller declares that:

• has the right to offer or advertise a given item or service;
• the information contained in the advertisement is true and not misleading;
• price, location, technical parameters, condition and other relevant information are current;
• has the appropriate rights to photos, videos, descriptions, documents and other materials included in the advertisement;
• the advertisement does not violate the law, the rights of third parties or these Terms and Conditions.

The seller is responsible for the content of his advertisement.

If the information in the advertisement is no longer current, the Seller should update it, deactivate the advertisement or delete it.

The Operator may refuse to publish the advertisement or request its correction if it contains obvious errors, missing required information or there are reasonable grounds for suspecting a violation of the law or the Terms.

7. Publication period and listing expiry

The announcement may be published for a period resulting from the selected type of publication or plan.

After the end of the publication period, the advertisement may be removed from the Platform's public results, but remain in the Seller's account so that it can be reactivated later.

The seller can also deactivate or delete his ad himself.

The deletion or expiration of an advertisement on YachtFinder24 does not automatically mean the deletion of copies that may have been previously saved by Internet search engines or other independent services.

8. Ranking, rotation and promotion of advertisements

The order in which ads are displayed on YachtFinder24 may change over time.

Standard advertisements may be presented on a rotating basis. This means that their position on the lists may change periodically to allow different active ads to appear more prominently.

A newly added ad may initially appear high on the list, and in subsequent rotation cycles it may be displayed in a different position.

The order and range of results presented may also be influenced by the filters and sorting method selected by the user.

Users can purchase various types of promotions or ad highlights. Depending on the service selected, the promoted ad may:

• be displayed more often;
• appear in specially designated areas of the Platform;
• gain greater visibility than a standard ad.

Ads using the same or similar type of promotion are also rotated among themselves.

Purchasing the promotion does not mean obtaining a permanent position on the list.

The frequency and method of rotation may change as the Platform develops.

Promoting an ad does not guarantee sales, inquiries, a specific number of views, or maintaining a specific position.

9. Paid services and payments

Some of YachtFinder24's services can be provided free of charge, and some for a fee.

Before ordering a paid service, the user will receive information about its type, price, validity period and other important conditions.

If the Platform allows payment for a publication, promotion or other service, payment may be made through, among other things, a third-party payment processor such as Stripe or by bank transfer.

The fee applies only to the service provided by YachtFinder24 and does not constitute part of the price of the yacht, boat or other item advertised.

The legally required information regarding the conclusion of an electronic contract and payment is presented to the user before placing a paid order.

10. Returns and statutory right of withdrawal

Selling an item before the end of the paid advertising period does not entitle you to a refund of all or part of the advertising fee.

The right to return does not arise solely because of:

• voluntary deletion or deactivation of the advertisement by the user;
• early termination of the use of the purchased service;
• lack of inquiries or interest in the advertisement;
• unsatisfactory number of views;
• lack of sales;
• changing the user's decision regarding further publication of the advertisement.

The above principles do not limit the rights that the consumer cannot waive under mandatory provisions of law.

If a user who is a consumer has a statutory right to withdraw from a distance contract, YachtFinder24 provides the required information regarding this right before concluding a paid contract.

If the consumer requests the commencement of the provision of a paid service before the expiry of the statutory withdrawal period, the consequences of any subsequent withdrawal and the settlement of the part of the service provided are determined by applicable law.

The statutory right of withdrawal does not constitute a right to a refund solely because the item has been sold, the user has terminated the publication on his own or the expected result has not been achieved.

A business user making a purchase directly in connection with his or her business activity does not benefit from consumer rights, unless applicable regulations provide otherwise.

Refunds may also be made in the event of a double payment, a confirmed unauthorized transaction, a technical error on the Platform, or as otherwise required by law.

11. Seller's liability

The Seller is responsible in particular for:

• truthfulness of the information in the advertisement;
• ownership right or other right to offer the item;
• price and terms of sale;
• technical condition of the item;
• documentation;
• compliance of its activities and offers with applicable regulations;
• contact and arrangements with interested users.

YachtFinder24 may use screening and moderation mechanisms, but does not guarantee independent verification of each listing or all information provided by the Seller.

12. Buyer's liability

Before concluding a transaction, the Buyer should independently verify information relevant to the purchase.

Depending on the type of item, this may include in particular checking:

• the identity and rights of the Seller;
• property rights;
• registration documents;
• technical condition;
• service history;
• identification numbers;
• taxes and VAT;
• customs duties;
• possibility of registering, transporting or using the item.

If the nature of the transaction requires it, the user should seek the help of an appropriate specialist, e.g. an appraiser, mechanic, lawyer or tax advisor.

Users make the decision to enter into a transaction themselves.

13. Prohibited Content and Activities

It is prohibited to publish or transmit content on the Platform:

• unlawful;
• false or knowingly misleading;
• regarding fictitious offers;
• violating the copyright, trademark, privacy or other rights of third parties;
• containing malware or security-threatening code;
• constituting spam or unsolicited communications;
• unlawfully threatening, defamatory, discriminatory or inciting violence.

It is also prohibited:

• impersonating other people or companies;
• obtaining unauthorized access to the Platform;
• circumventing technical security measures;
• manipulating statistics, position or promotion system;
• automatic downloading of significant amounts of data without the Operator's consent;
• using the Platform for fraud, money laundering or other illegal activities;
• knowingly submitting false reports about other users or their content.

14. Content reporting and moderation

You may report an advertisement or other content that you consider to be unlawful or inconsistent with these Terms by using the report function available on the Platform or at:

info@necsaris.com

The report should enable identification of the content and indicate the reason for reporting.

Operator may use automated tools and human screening to detect, among other things, spam, fraud, illegal content and violations of the Terms.

Depending on the type and severity of the violation, the Operator may:

• refuse publication;
• limit the visibility of content;
• remove content;
• restrict the use of certain functions;
• temporarily suspend your account;
• terminate the provision of services to a given user.

The action taken should be proportionate to the nature of the breach.

If required by applicable law, you will receive information about the reasons for the decision and the options available to challenge it.

A request for reconsideration of a decision may be sent to:

info@necsaris.com

15. Account Suspension or Termination

The Operator may limit, suspend or delete an account, among others, in the following cases:

• serious or repeated breach of the Terms;
• illegal activities;
• publishing fraudulent or fictitious advertisements;
• threats to the security of the Platform or other users;
• using false data;
• attempts to circumvent previously applied restrictions;
• unpaid receivables related to paid services.

If the nature of the violation and the law allow it, the Operator may first inform the user about the problem and enable its removal.

In cases requiring immediate action for reasons of law, security, fraud or the protection of other users, a restriction may be applied without prior warning.

With respect to business users, the Operator provides justification and applies the notice periods required by applicable regulations, unless an exception provided for by law applies.

The User may delete his/her own account if the Platform provides such a function.

16. User Content and Rights to Materials

The User retains the rights to the content that he/she submits to the Platform.

By publishing an advertisement, the user grants the Operator a non-exclusive and free right to use its content to the extent necessary to:

• storage and technical processing of content;
• publication of an advertisement;
• displaying photos, descriptions, videos and other materials;
• adapting their format and size to various devices;
• presenting the advertisement in search results;
• generating previews of shared links;
• promotion of the publicly available announcement and the Platform.

This right is valid for the period necessary to provide the service and thereafter only to the extent necessary to fulfill legal obligations, create backup copies or defend claims.

The User declares that he has the rights allowing such use of the submitted materials.

17. YachtFinder24 intellectual property rights

The YachtFinder24 name, logo, graphic elements, Platform design, software, databases and content created by the Operator are protected in accordance with applicable law and belong to the Operator or their respective licensors.

Without the Operator's consent, you may not use these elements for commercial purposes in a manner that goes beyond the normal use of the Platform, unless the law expressly allows it.

18. Access to Account-Related Data

The User may have access under his account to the information he has provided and data made available by the Platform's functions, such as:

• own advertisements;
• messages related to listings;
• available statistics;
• information about purchased services;
• settlement documents, if applicable.

The Operator has access to information regarding the account, announcements, communications, payments, security and use of the Platform to the extent necessary to provide services, ensure security and fulfill legal obligations.

The user does not receive access to non-public data of other users, except for information provided directly to him in connection with contact regarding the advertisement.

Once your account is deleted, your ability to access your data through the Platform may be terminated. The rules for further data storage are set out in the Privacy Policy.

Public announcements may be indexed by search engines and shared as links.

19. Availability and changes to the Platform

The Operator may develop, change, update, add or remove functions of the Platform if this is justified by the development of the website, technical reasons, security, changes in law or user needs.

The Operator strives to ensure continuous availability of the Platform, but does not guarantee that the website will operate without interruptions or errors.

Temporary interruptions may result from, among other things, technical work, failures, infrastructure problems, cyberattacks or the activities of independent service providers.

20. Operator's liability

The operator is responsible in accordance with mandatory provisions of law.

To the extent permitted by law, the Operator is not responsible for:

• the truthfulness of the information provided by users;
• the condition, quality, legality or availability of the items offered in the advertisements;
• acts or omissions of Sellers and Buyers;
• non-performance or incorrect performance of the contract concluded between users;
• disputes arising from transactions between users;
• decisions made by the user without proper verification;
• operation of independent external services beyond the Operator's control.

The Operator does not guarantee that the publication or promotion of an advertisement will lead to sales, receipt of inquiries or achievement of a specific result.

Nothing in these Terms limits any liability that cannot lawfully be excluded or limited, or the mandatory rights of consumers.

21. Privacy and Cookies

The rules for processing users' personal data are specified YachtFinder24 Privacy Policy.

The rules for the use of cookies and similar technologies are or will be defined in a separate Cookie Policy.

These Terms and Conditions do not replace these documents.

22. Changes to the Terms

The Operator may change these Terms and Conditions, among others, in connection with:

• changes in legal provisions;
• changing the functions of the Platform;
• introduction of new services;
• changing the way services are provided;
• safety requirements.

The current version of the Terms will be published on the Platform along with the date of the last update.

If the change is important for registered users, the Operator may also inform about it via the user account or e-mail.

In the case of business users, information about changes to the Terms will be provided in advance as required by applicable regulations, generally at least 15 days, unless the law allows for a shorter period or an immediate change, in particular due to a legal obligation or an urgent security threat.

The changes do not violate acquired rights or mandatory rights of consumers.

23. Applicable law, complaints and disputes

These Terms and Conditions are governed by the laws of Spain.

For a consumer user, the choice of Spanish law does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence, where those provisions apply.

Complaints regarding the operation of the Platform or YachtFinder24 services can be sent to the following address:

info@necsaris.com

The Operator will consider the complaint within a reasonable time and may ask for additional information necessary to consider it.

The parties may first attempt to resolve the dispute amicably.

The above does not limit the user's right to use the competent consumer protection authorities, available out-of-court dispute resolution methods, or the right to bring proceedings before a competent court.