Restrictions & Shipping Conditions

Last update 1.04.2022

1. The contract agreement 

YACHTNEEDS (herein 'YACHTNEEDS' or the 'Provider') is the marketplace operator and the provider of the marketplace services.

The ordering of products on www.yachtneeds.com (herein the 'Platform') entails a sales contract only between the Seller and the Buyer. In this respect, Buyers and Sellers (herein the 'Users') are informed and acknowledge that the Provider, acting only as a technical intermediary, has no liability for the products listed, is not part to the sales contract and may not be held responsible for the execution of the orders, nor be required to intervene in any disputes between Sellers and Buyers (except as part of the Full Satisfaction Guarantee, as set forth in the Terms of Service applicable to the Buyers, available on the Platform), or any third party involved.

1.1. Users’ liabilities

Any User is personally responsible for its activity, actions and behaviour in connection with the use of the Platform and its services, according to the Terms of Service and agreed by the latter at its first connection to the Platform.

Any product purchased on the Platform that requires installation or setup must be installed by a professional. YACHTNEEDS takes no responsibility for any damage, injury or death related to products purchased from the Platform.

Users must indemnify the Provider against all loss, claim, action, damages and expenses arising or resulting from inaccuracies, negligence or failure to meet their obligations concerning the correct use of the Platform or any product sold.

2. Third-party services 

To facilitate the services through the Platform, the Provider avails of the collaboration of third-party companies, including but not limited: CRM solution providers, financial and payment providers, shipping companies, logistic management platforms, promotion and loyalty management platforms.

The Provider has no control over third party external services, including any service provided by the Seller, and cannot be held responsible or liable for any action, litigation, damage or obligation caused by the inappropriate performance of external companies or the Seller. Disputes or escalations (judicial or extra-judicial), outside the Full Satisfaction Guarantee program, must be addressed directly to the counterparty, with no involvement of the Provider.

2.1. Sellers’ responsibility

YACHTNEEDS does not resell the products listed by Sellers on the Platform, does not hold any stock nor manage the dispatch and delivery of products.

Sellers are solely responsible for the description, listing, quality check, storage, management, packaging and transport of the products listed on the Platform. The process must comply with all applicable regulations and laws and is outside the Provider's control and responsibility.

If the fulfillment and delivery of an order requires the collaboration of an external company, Sellers are required to acknowledge and accept their terms and conditions and are responsible to obtain sufficient information and insurance to cover any risks that could arise.

In particular, to prevent incidents and to protect and safeguard the health and safety of persons, properties and environment, Sellers must strictly adhere to national and international legislations and government regulations on the storage, sale, management, transportation, export and tax/custom conditions of the products, applicable from the place of departure to the place of delivery, especially for restricted products and dangerous goods (as indicated in Article 3) and follow the logistic and government regulations.

It must also be mentioned that:

- Orders with delivery method 'UPS by YACHTNEEDS' are dispatched and prepared by the individual Sellers, releasing any responsibility from the Provider.

- The delivery method 'UPS by YACHTNEEDS' is not proposed for products classified as 'Restricted Products'. 'Restricted Products' will be entirely managed and shipped under responsibility of each individual Seller, who can offer these solutions:

- Delivery by the Seller’s own transport (within a certain radius)

- Delivery by the Seller’s logistic partner

- Pick up from the Seller’s store

3. Restricted and prohibited products 

As the service Provider, YACHTNEEDS endeavors to verify and moderate products’ upload and to work only with reputable and trusted Sellers. However, products, prices, descriptions and images are uploaded by the individual Sellers without warranty from the Provider or a guarantee of the products’ accuracy or authenticity. 

Sellers are legally liable for their activity through the Platform and must know the legal requirements for the products they offer for sale.  By listing products on the Platform, Sellers agree to offer for sale only new products that comply with all laws, regulations and with the Provider policies as stated herein and in the applicable general terms and conditions of the Platform. It is therefore the Sellers’ sole and exclusive responsibility to consult the terms and conditions, including the 'Restricted and prohibited products list' (as indicated in Article 3.3) before adding any products for sale on the Platform.

The Provider reserves the right to monitor the Sellers’ activity, to edit or cancel product descriptions, to limit the sale of specific products (for any reason) and to take corrective action as appropriate, including but not limited the removal of the listing, the immediate suspension or termination of the business collaboration if the Seller supplies products in violation of the law or any of YACHTNEEDS policies.

Should the Seller believe that a Product has been removed in error, he/she can contact the Provider for the restriction to be reviewed. If the Product is found to be permitted for sale, the due adjustments will be made, without any compensation, indemnity or action to the benefit of the Seller and without this restriction enabling the Seller to engage the Provider’s liability.

3.1 Definitions

3.1.1. Prohibited products

The Provider classifies as Prohibited any products that cannot be listed, offered and therefore sold on the Platform.

It is strictly prohibited to list, offer to sale and sale prohibited products on the Platform. Any violation of this prohibition will lead to immediate penalties, as stated in section 3.2 below.

3.1.2. Restricted products

The Provider classifies as Restricted any product that can be listed on the Platform but is subject to specific conditions of storage, distribution and/or shipment.

On this basis, restricted products are managed and dispatched solely by the Seller (through: Seller’s own transport, Seller’s logistic partner or Pick up from the Seller’s store) who must comply with all applicable regulations to guarantee a safe and correct transport, storage, handling, and labelling.

The Seller acknowledges that the service 'UPS by YACHTNEEDS' won’t be offered as delivery method for restricted products. UPS strictly forbids the shipment of prohibited or restricted products, as set forth in its general terms and conditions (https://www.ups.com/gb/en/help-center/shipping-support/prohibited-items.page).

3.2. Sellers’ liability

Violation of any safety measures and any terms of these Conditions might expose employees, carriers, and customers to potential health and safety risks that will be outside the Provider’s control and liability. The Seller shall indemnify and hold the Provider harmless of any loss, third party claims (from a Buyer, UPS or any other third party), actions, damages and/or expenses arising or resulting from the violation of this section.

Should YACHTNEEDS notice any violation of these Conditions by the Seller, YACHTNEEDS reserves the right to immediately suspend or terminate the collaboration with the Seller and close its account on the Platform, at the sole fault of the Seller, without prejudice for YACHTNEEDS to claim for any damages that it might suffer.

3.3. Restricted and prohibited products list

This list can be amended anytime by the Provider, is not exhaustive and is not meant to represent any legal advice. Sellers should consult a legal professional for any questions or concerns they might have in regards of their products.

Alcohol

Prohibited

- Illegal and prohibited alcoholic drinks

- Alcohol licenses

- Alcohol-related products used as memorabilia and collectibles

Restricted

- Legal alcoholic drinks (such as beer, wine or hard liquors), provided the Seller informs and control the age of the Buyer before delivering the product, in accordance with applicable regulations regarding the sale of alcoholic drinks to minors

- Chocolates or candies containing alcohol

Animals and animal parts

Prohibited

- Animals’ and animal related products

- Clothes or products that contain animal fur

- Products that are or contain parts of animals, such as: seal skin, dogs or cats, threatened species, shark, dolphins, whales

- Animal skin, fur, feathers

- Animal bones, shells, tusks

Automotive

Prohibited

- Airbags

- Airbag inflators and airbag components

- Seatbelts

Cosmetics and beauty care products

General requirement: Cosmetic products allowed by official and governmental entities, that comply with the EU Requirements according to the EU Regulation 1223/2009 on Cosmetic Products (the “EU Cosmetics Regulation”) and UK requirements described on the updated version of (EC) No 1223/2009 applicable to the sale of Cosmetics in the UK (after Brexit), provided:

- They are new and properly sealed

- Their use-by date is higher than six (6) months at the date of delivery of the product to the Buyer

- Their storage, packaging, transport, labelling and handling are compliant with these Conditions and applicable regulations

Prohibited

- Any product that does not comply with the EU Requirements according to the EU Regulation 1223/2009 on Cosmetic Products (the “EU Cosmetics Regulation”) and UK requirements described on the updated version of (EC) No 1223/2009 applicable to the sale of Cosmetics in the UK (after Brexit).

https://www.gov.uk/government/publications/cosmetic-products-enforcement-regulations-2013

- As a general guideline it is prohibited to list any product that is expired or has passed the 'use by' date, that is opened, unsealed, that is labelled as 'tester' or 'not intended for sale', that is a counterfeit, replica or imitation of branded perfumes and products, that is forbidden by official and governmental entities, that contains animal parts or prohibited ingredients.

Dangerous Goods

Dangerous Goods (also known as hazardous material or hazmat) are substances or products that represent a risk when stored, managed and transported because they contain flammable, pressurized, corrosive, or otherwise harmful substances.

The management and transportation of Dangerous Goods is often subject to chemical regulations and needs to follow specific shipping restrictions.

Dangerous Goods packages must be prepared in accordance with ADR regulations for ground shipments and IATA regulations for air shipments. Shippers must ensure that the package is correctly labeled, packaged and documented.

The Seller is responsible for acknowledging the restrictions in place and to take the due precautions to prevent accidents to persons, property or the environment.

Prohibited

- Explosives

- Toxic Gas – also with reference to the EU Legislation to control F-Gases: https://ec.europa.eu/clima/policies/f-gas/legislation_en

- Fireworks (except category 1 fireworks)

- Gas masks

- Any product with chemicals that is not necessarily registration on the REACH-List

- Substances which in contact with Water emit flammable gases (dangerous when wet)

- Radioactive Materials

- Products recalled by manufacturers and governmental entities

- Poisons

- Strings for kite fighting

- Airbags

- Any product that contains thermite

- Any product with radiation

- Liquid mercury and products that contain mercury, including thermometers

- Any product or material that is considered unsafe and can cause serious risks to the environment and people's health and safety

- Any product listed on the RAPEX report https://joinup.ec.europa.eu/collection/rapex/about and  https://ec.europa.eu/safety-gate-alerts/screen/webReport

- Any product as indicated in the UK Government guidelines Fluorinated gases and ozone-depleting substances: how to do business from January 1, 2021

- Products that have been recalled by the manufacturer or government entities

- Toys and electronics that are not CE marked (for Europe) or UKCA marked (for UK)

- Products containing high quantities of magnetic balls or cubes, including magnet balls, dynocube, buckyballs

- Prohibited products listed in Annex III of the EU Regulation 517/2014 (F-Gas Regulation), including:

- Movable room air-conditioning equipment that contains Hydrofluorocarbons - HFCs (or their mixtures) with Global Warming Power (GWP) of 150 or more;

- Refillable and non-refillable containers for Fluorinated Gases (F-gases) used to service, maintain or fill refrigeration, air-conditioning or heat-pump equipment, fire protection systems or switchgear, or for use as solvents;

- Domestic refrigerators and freezers that contain HFCs with GWP of 150 or more;

- Fire protection equipment that contain either Perfluorocarbons (PFCs) PFCs or HFC-23;

- Technical aerosols that contain HFCs with GWP of 150 or more, except when required to meet national safety standards or when used for medical applications;

- Aerosol generators marketed and intended for sale to the general public for entertainment and decorative purposes, as listed in point 40 of Annex XVII to Regulation (EC) No 1907/2006, such as metallic glitter intended mainly for decoration or artificial snow and frost;

- Signal horns that contain HFCs with GWP of 150 or more.

- Explosive substances prohibited by European and UK legislations, including the ones listed in the Regulation (EU) No 98/2013 as amended by Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019/742  and the REGULATION (EU) 2019/1148 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the marketing and use of explosives precursors, and:

- Acetone in concentrations > 35% (except for nail polish removers) or in any concentration if in quantity exceeding 500ml

- Aluminum powder in quantities ≥ 1.5kg

- Ammonium nitrate in any concentration/quantity, except for instant cold packs containing concentrations < 16% w/w nitrogen in relation to ammonium nitrate

- Calcium ammonium nitrate in any concentration/quantityHexamine in any concentration/quantity, except as a food ingredient, or in fuel or fire starter tablets or cubes

- Hydrogen peroxide in concentrations > 12%

- Magnesium nitrate hexahydrate in any concentration/quantity

- Magnesium powder in quantities ≥ 1.5kg

- Nitric acid in concentrations > 3%

- Nitromethane in any concentration/quantity, except for nitro fuel containing this substance in concentrations < 16%

- Potassium chlorate in concentrations > 40%

- Potassium perchlorate in concentrations > 40%

- Potassium permanganate in quantities ≥ 1,5 kg

- Sodium chlorate in any concentration/quantity

- Sodium perchlorate in any concentration/quantity

- Sulphuric (Sulfuric) acid in concentrations ≥ 15%

- Any chemical product as per the Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of chemicals: http://echa.europa.eu/web/guest/regulations/reach/legislation

- Items containing Chemicals that may damage the ozone layer. As listed from the UK Government: Fluorinated gases and ozone-depleting substances: how to do business from January 1, 2021 or in the Annex III of the EU Regulation 517/2014 (F-Gas Regulation) as amended by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.)

- Hazardous Goods such as:

- Batteries or accumulators, including button cell batteries, that contain more than 0,0005 % of mercury by weight or more than 0,002 % of cadmium by weight, except portable batteries and accumulators intended for use in: emergency and alarm systems; medical equipment (excluding cell batteries in hearing aids that are prohibited); cordless power tools

- Anything listed as Prohibited under the other category of products, within this Terms and Conditions

Restricted

- Class/Division 2.1 - Flammable Gas

- Class/Division2.2 - Non-Flammable Gas

- Class 3 - Flammable Liquid

- Class/Division 4.1 - Flammable Solid

- Class/Division 4.2 - Spontaneously Combustible

- Class/Division 5.1 - Oxidizers

- Class/Division 5.2 - Organic Peroxides

- Class/Division 6.1 - Toxic Liquid/Solid

- Class/Division 6.2 - Infectious Substances, Category B only

- Class 8 - Corrosive Liquid/Solid

- Magnetized material

- Rechargeable batteries

- Acids

- Caustic substances

- Disinfectants

- Glues

- Heavy metals, including mercury, lead, cadmium and aluminum

- Paint

- Pesticides

- Petroleum products

- Solvents

Drugs and Dietary Supplements

Prohibited

- Any illegal drugs, plant, herbal product, dietary supplements, weight loss products

- Any product that is a counterfeit, replica or imitation of branded drugs, plant, herbal product, dietary supplements, weight loss products

- Any substances classified as a drug or chemical according to authorities or official entities

- Body building supplements that contain prohibited substances

- Supplements for sexual enhancement

- Any prescription drugs

- Products that are subject of warning or safety alert or have been declared risky by authorities and official agencies

- Products that are expired, are marked as 'not for sale' or 'testers'

- Any kind of medicines for veterinarian use

Restricted

Drugs and dietary supplements that have no legal restriction to market and distribute outside the pharmaceutical channel, provided:

- They are new and properly sealed

- Their use-by date is higher than six (6) months at the date of delivery of the product to the Buyer

- Their storage, packaging, transport, labelling and handling are compliant with these Conditions and applicable regulations

Electronics

Prohibited

It is prohibited to list any product that is forbidden by official and governmental entities and legislations, that can interfere with other electronic devices (radio, phones, GPS, radar), that does not meet applicable efficiency standards and is used to photograph or record the conversations or activities of third parties without their knowledge.

Example:

- Devices that can modify the performance of other applications such as: odometers, traffic lights, game consoles, video games, radios, phones, radars, satellites, cordless telephones

- Devices that give unauthorized access to digital media content via cable or satellite

- Portable lasers such as laser pointers, laser flares, laser pens, pet laser pointer toy, 303 laser products and laser projectors

- Cylindrical lithium ion cell battery types: 14500, 16340, 18650, 20700, 21700, and 26650

- Incandescent lamps and light-bulbs, including halogen lamps

Products will need to meet the conformity and quality assessment, according to EU and UK requirements, displaying the CE mark when needed.

Financial products, cash equivalents and gambling

Prohibited

- Any financial product, cash, currency or cash equivalents – including counterfeits or any equipment designed to create them

- Scratch cards, lottery cards, gift cards

- Precious metal, gold and silver

- Slot machines and other gaming machines

Food

Food can be sold on the Platform as far as it complies with local laws and regulations, and is not in violation with YACHTNEEDS policies.

In particular:

- Food products and drinks need to be stored safely and properly packaged.

- The expiration date must be clearly visible on the package and any perishable product must be delivered to the Buyer before the expiration date, with a reasonable extended expiration date.  

- Packaging label should specify the presence of major food allergens: milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts and soybeans.

Prohibited

- Products that are expired, are marked as 'not for sale' or 'testers'

- Products that contain illegal or prohibited ingredients or drugs, or that have been identified to be dangerous or not safe

Restricted

Perishable and fresh food, as approved by YACHTNEEDS on a case by case basis, prior to any publication on the Platform.

Jewelry and high value products

Prohibited

- Diamonds or any precious metal or stone that do not comply with applicable laws

- Articles of exceptional value (eg, works of art, antiques, precious stones, gold and silver)

Restricted

- Jewelry and watches exceeding USD 500 or local currency equivalent per package

Knives

Only knives that will be used as gardening tools and kitchen supplies can be sold on the Platform. These are:

- Knives part of a gardening kit

- Swiss and folding knives

- Scissors

- Meat cleaver

- Mezzaluna

- Knives sharpeners

- Knives as part of cutlery sets, also sold separately

Prohibited

Other knives are not allowed for sale on the Platform. Example:

- Automatic knives

- Butterfly knives

- Dual-action knives

- Gravity knives

- Out-the-front knives

- Paratrooper knives

- Push knives

- Switchblade knives

- Sword canes

- Hidden or disguised knives such as writing pen knives or belt buckle knives

Medical Supplies

Sellers must comply with local law and government regulations. Some additional information can be found on:

EU: European Commission website with information on EU regulations on medical devices

UK: Medicines & Healthcare products Regulatory Agency

Prohibited

- Used medical devices and supplies

- Any product that requires a prescription, that must be used by a professional or under professional supervision

- Surgical devices and items

- Pacemakers, suction equipment, anesthesia devices, blood transfusion kits

Miscellaneous

Prohibited

- Counterfeit products or replicas

- Stolen products

- Any illegal products

- Parts of the human body

- Real estate or contracts

- Any kind of personal information: mailing lists, personal information, internet domains, online accounts data, digital information, video, photos

Offensive material

Prohibited

Any product that can be considered as offensive and contains or promotes:

- Violence, hate, terrorism or founding of terrorist organizations

- Intolerance, discrimination or hate

- Sexual crimes

- Inappropriate and deprecatory language

- Child abuse or crime, including pornography

- Adult and sexual content or references

Plastic made products (Art. 5 of EU Directive 2019/904)

Prohibited

Plastic made products covered by Art. 5 of EU Directive 2019/904 including single-use plastic products and products made from oxo-degradable plastic.

- Cotton bud sticks, except if they fall within the scope of Council Directive 90/385/EEC (1) or Council Directive 93/42/EEC (2)

- Cutlery (forks, knives, spoons, chopsticks)

- Plates

- Straws, except if they fall within the scope of Directive 90/385/EEC or Directive 93/42/EEC

- Beverage stirrers

- Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks

- Food containers made of expanded polystyrene, i.e. receptacles such as boxes, with or without a cover, used to contain food which:

- is intended for immediate consumption, either on-the-spot or take-away,

- is typically consumed from the receptacle, and

- is ready to be consumed without any further preparation, such as cooking, boiling or heating, including food containers used for fast food or other meal ready for immediate consumption, except beverage containers, plates and packets and wrappers containing food;

- beverage containers made of expanded polystyrene, including their caps and lids

- cups for beverages made of expanded polystyrene, including their covers and lids

Sex and adult products

Prohibited

- Erotic and pornographic materials

- Condoms and lubricants

- Sexually explicit video games, adult films, comics, books, magazines

- Any product with pornography or nudity

- Sex toys and masturbators

- Medicaments or illegal drugs that can affect the sexual performance

Tobacco, e-cigarettes and accessories

It is permitted to list tobacco-related products and accessories on the Platform as far as they don’t contain tobacco, nicotine or that is not made to be smoked. These include for example: humidors, ashtrays and cigar cutters.

Prohibited

- Cigarettes, e-cigarettes, e-liquids, cigars and loose tobacco

- Herbal cigarettes or herbal tobacco

- Any product containing tobacco or nicotine including, but not limited: cigarettes, e-cigarettes, nicotine patches or gum

- Novelty lighters

Restricted

- Lighters

Weapons and military products

Prohibited

Weapons, dangerous accessories and military products cannot be sold on the Platform. These include, but are not limited to:

- Knives that are not for kitchen use (see the specifics under “Knives”)

- Explosive, fire devices, firearms,

- Grenades, tear gas, mines, rockets

- Guns, stun guns and their accessories

- Swords

- Tasers and pepper spray or mace

- Throwing stars

- Products of military use