Terms of sale

Last updated: 3 October 2026.

These terms apply only to Professionals and Advertisers acting in the course of their business. Using FairWinds remains free for Requesters: posting a request, browsing the directory and being introduced to a professional never involves a payment. Basic listing of a Professional in the directory is free as well. Capitalised terms have the meaning given to them in the terms of use.

Article 1 - Purpose

These terms of sale (the “Terms of Sale”) apply to all paid services offered by NextFabrique to Professionals and Advertisers on the fairwinds.network Platform: Lead unlocking, the “Verified” visibility subscription, area exclusivity, sponsored cards and the purchase of advertising space.

Any order placed on the Platform implies unreserved acceptance of these Terms of Sale, which prevail over any document of the Professional or the Advertiser, unless otherwise agreed in writing by NextFabrique. None of these services is a precondition to being listed, which remains free and independent. Their possible effects on the display order are limited to those described in article 9 of the terms of use.

Article 2 - Unlocking Leads

A Professional receives an anonymised extract of every Request matching its listing criteria. Unlocking a Request in full (access to the contact details and the complete content, the “Lead”) gives rise to a fixed payment or to the use of a prepaid credit, according to the rates in force at the time of unlocking, displayed in the Professional area. That amount is fixed and is never calculated as a percentage of the price of any work that may follow.

The same Request may be unlocked by several Professionals. No exclusivity is granted unless expressly agreed in writing at the time of unlocking. The maximum number of Professionals who may unlock a given Request is shown in the Professional area before unlocking.

Unlocking a Lead is final and non-refundable once the information has been disclosed to the Professional, including where the Requester does not reply or where the introduction leads to no work. NextFabrique guarantees neither the conversion of a Lead into work nor the solvency of the Requester.

A Lead is refunded or re-credited, on request made within thirty days of unlocking, where:

• the Request is manifestly fictitious, or was posted as a test;
• the Request was duplicated by a technical error of the Platform;
• the contact details are unusable through the fault of the Platform (number or address invalid at the date of unlocking);
• the Request falls entirely outside the geographical area or the category declared by the Professional;
• the Request was withdrawn by the Requester before unlocking.

The decision is reasoned and notified within fifteen working days. Outside those cases, a goodwill gesture remains possible at the sole discretion of NextFabrique.

The price of a Lead pays for access to the information. It is never conditional on the conclusion or the amount of a contract between the Professional and the Requester, and no refund case depends on the commercial outcome of the introduction.

Prepaid credits do not expire and remain usable for as long as the account is active. They are not refundable in cash, except where NextFabrique closes the service, in which case unused credits are refunded pro rata.

Article 3 - Use of the data contained in a Lead

The contact details passed on in a Lead are personal data. On receiving them, the Professional becomes an independent controller within the meaning of Regulation (EU) 2016/679, and not a processor acting for NextFabrique.

The Professional undertakes, failing which it commits a serious breach:

• to use that data only to answer the Request concerned;
• not to transfer, resell, rent or disclose it to any third party, including another entity of its group, other than a processor involved in carrying out the Request;
• not to add it to any prospecting file and not to use it for any approach unrelated to the Request, absent the Requester’s separate consent;
• to inform the Requester, from first contact, that it has become a controller of that data and of the rights available to them;
• to erase that data if no relationship begins, at the latest three months after unlocking, and to answer itself any request to exercise rights addressed to it.

NextFabrique may ask the Professional to evidence compliance with these obligations. Breaching them is a serious breach within the meaning of article 18 of the terms of use, allowing immediate suspension of the account, with no refund of Leads already unlocked and without prejudice to the indemnity in article 10.

Article 4 - Verified subscription

The “Verified” subscription is an optional service taken out by the Professional, giving access to the Verified Badge, subject to the documentary check described in article 8 of the terms of use, and to the matching search filter. Basic listing in the directory remains free and is never conditional on taking out this subscription.

This subscription affects the display order, only as described in article 9 of the terms of use: display ahead of non-subscribed Professionals in the same category and area and, for a broker, priority display of the listings it handles in the default order of the listings page. It is neither a recommendation by the Platform nor an assessment of the quality of the Professional’s services.

The subscription runs for one year and renews by tacit renewal, unless terminated by the Professional at least one month before the renewal date from its Professional area. A reminder of the renewal date and of the applicable price is sent by email at the latest one month before that date, so that the notice period can actually be used.

The Badge and the filter are maintained until the end of the period paid for. Withdrawal of the Badge under article 8 of the terms of use (documents not produced, serious breach) gives rise to a pro rata refund of the unexpired period, except where the withdrawal results from fraud by the Professional.

Article 5 - Area exclusivity, sponsored card and advertising space

Area exclusivity. The Professional may take out, for a given category and area, an annual exclusivity: it is then the only Professional shown at the top of that category in that area, with the mention “Partner”, as described in article 9 of the terms of use. Exclusivity removes no other Professional from the directory, reserves no Request to it and confers no exclusivity over Leads, unless expressly stated when it is taken out. It follows the rules on term, renewal and termination of the subscription set out in article 4.

Sponsored card. The Advertiser may book, for an area and a quarter, the fixed “Sponsored” slot of the itinerary planner and of the port guides for that area. It is assigned to a single Advertiser per area and per period, at a flat price independent of any bidding, of the number of impressions and of the services sold. This card is a mere advertising display slot: it guarantees no ranking, no recommendation and no inclusion in the itineraries built by users, whose selection remains entirely free. NextFabrique never takes part in assembling, booking or combining the services displayed.

Advertising space.

NextFabrique offers Advertisers (brands of the yachting ecosystem: equipment makers, watchmaking, and other luxury brands compatible with the positioning of the Platform) the booking of advertising space on the site, according to the placements, formats and rates provided on request.

An order for advertising space becomes final only after express acceptance by NextFabrique, which reserves the right to refuse any advertisement that is unlawful, contrary to public decency or to the image of the Platform, or in conflict with a Professional listed in the directory.

The Advertiser remains solely responsible for the content of its advertisements and indemnifies NextFabrique against any third-party claim relating to that content (trade mark law, consumer law, comparative advertising law). Every advertisement carries the mention “Advertisement”, in accordance with article 20 of the French law of 21 June 2004 on confidence in the digital economy, and stays distinct from editorial content and from search results.

No advertising space gives the Advertiser any say over editorial content, over the ranking, or over the listing of a competitor.

Unless otherwise stated in the order form, a campaign may be cancelled no later than fifteen days before the scheduled publication date; failing that, the campaign remains payable in full. If NextFabrique fails to run the campaign in the placements and for the duration agreed, the Advertiser receives an equivalent rerun or a pro rata refund of the part not run.

Article 6 - Prices, rate changes and invoicing

The applicable prices are those displayed in the Professional area, or set out in the order form for advertising space, at the time of the order. They are stated exclusive of tax. As NextFabrique operates under the French VAT exemption scheme, the mention “VAT not applicable, article 293 B of the French tax code” appears on invoices for as long as that scheme applies.

Any change to the rates is notified on a durable medium and applies only after at least fifteen days’ notice, in accordance with article 3 of Regulation (EU) 2019/1150. It has no effect on Leads already unlocked, on credits already bought, or on the current subscription period.

Invoices are issued after payment and sent electronically. They are kept and remain available from the Professional area.

Article 7 - Payment

Payment is made by bank card through Stripe, when a Lead is unlocked, when the Verified subscription is taken out or renewed, or when an order for advertising space is confirmed. NextFabrique has access to no bank details of the Professional or the Advertiser, as those details are processed exclusively by Stripe, whose role is described in the privacy policy.

A payment declined by the bank suspends performance of the service concerned, with no other consequence. Unlocking a Lead takes effect only once payment has been authorised.

Article 8 - No right of withdrawal

As these Terms of Sale apply exclusively to Professionals and Advertisers acting in the course of their business, the right of withdrawal provided for in articles L221-18 et seq. of the French Consumer Code does not apply.

By exception, a Professional employing no more than five people and contracting outside the scope of its main activity benefits, under article L221-3 of the same code, from the same rights as a consumer, including a fourteen-day withdrawal period. It is exercised by simple email to contact@fairwinds.network. It can no longer be exercised for a Lead whose content has already been viewed, performance of the service being then complete and irreversible, which the Professional acknowledges at the time of unlocking.

Article 9 - Late payment

Any late payment automatically gives rise, without prior formal notice, to late payment penalties calculated at three times the statutory interest rate in force, together with a fixed recovery indemnity of 40 euros, in accordance with article L441-10 of the French Commercial Code. Where the recovery costs actually incurred exceed that fixed amount, further compensation may be claimed on production of evidence. NextFabrique may also suspend the access of the Professional or the Advertiser to the paid services until full settlement, that suspension not extending to basic listing, which is free.

Article 10 - Obligations and indemnity of the Professional

The Professional and the Advertiser warrant, throughout the relationship:

• the accuracy and the currency of the information on their listing page or in their campaign, in particular any mention of certifications, qualifications and areas covered;
• that they hold the authorisations, approvals, registrations and professional liability insurance required by the regulations applicable to their activity;
• for a Professional receiving the programme Requests referred to in article 4 of the terms of use, that it holds the travel agency registration or licence and the financial guarantee required in its country of establishment, and that it will inform NextFabrique immediately of any withdrawal, suspension or expiry;
• that they hold the rights in the content they send in.

The Professional indemnifies NextFabrique against any claim, action or award by a Requester, a third party or an authority arising from the performance or non-performance of work it has supplied, from inaccurate information on its listing page, or from a breach of articles 3 and 10 of these Terms of Sale. That indemnity covers awards made, sums settled with its agreement, and the costs of defence incurred.

Article 11 - Liability

NextFabrique owes an obligation of means in providing the services described in articles 2, 4 and 5.

Its liability under these Terms of Sale is limited to the higher of the following two amounts: the sums actually paid by the Professional or the Advertiser over the last twelve months, or one thousand euros. Indirect damage (loss of turnover, loss of opportunity, loss of customers, damage to image) is excluded.

This limitation does not apply in the event of personal injury, gross negligence or wilful misconduct by NextFabrique, nor where the law prohibits it. It does not stand in the way of the refunds of Leads and of the subscription provided for in articles 2 and 4, which remain due irrespective of that cap.

Article 12 - Suspension and termination

Either party may end the commercial relationship at any time: the Professional from its area, with no notice for one-off Lead purchases, and under the conditions of article 4 for the Verified subscription. Leads already unlocked remain payable.

NextFabrique may suspend or terminate the paid services in the event of a serious breach of these Terms of Sale or of the terms of use, in the forms set out in article 18 of the latter: reasons given in writing, thirty days’ notice before complete removal of a listing absent a serious breach, and the opportunity for the Professional to challenge the measure, with a reasoned reply within fifteen working days.

Termination does not give rise to the return of sums paid for services already performed. A current Verified subscription is refunded pro rata where the termination is the act of NextFabrique absent any breach by the Professional.

Article 13 - Changes to these Terms of Sale

Any change to these Terms of Sale is notified to Professionals and Advertisers on a durable medium and takes effect only after at least fifteen days’ notice, in accordance with article 3 of Regulation (EU) 2019/1150. During that notice period, they may terminate free of charge, and continuing to use the services after the change takes effect amounts to acceptance. That notice period does not apply where the change is imposed by a legal or regulatory obligation.

Article 14 - Governing law, jurisdiction and language

These Terms of Sale are governed by French law. Any dispute relating to their formation, performance or interpretation falls within the exclusive jurisdiction of the commercial court of Manosque, France, save mandatory provisions to the contrary and save for a Professional benefiting from article L221-3 of the French Consumer Code, to whom the ordinary rules of jurisdiction apply.

If any provision of these Terms of Sale is held void or unenforceable, the others remain in full force. These Terms of Sale are drafted in French; the English version is a translation provided for convenience and, in the event of a discrepancy in interpretation, the French version prevails.