General terms and conditions of sale
- LEGAL INFORMATION
The site ” libertykite.com ” presents the company OCEA (hereafter ” the Seller “):
Limited liability company whose registered office is 5 allée Lakmé (33120) Arcachon, registered with the trade and companies register of Bordeaux under the number B 387 944 408, with a capital of 57 626,00 euros. Telephone number: 05 57 15 22 62; Email: firstname.lastname@example.org
- PURPOSE AND SCOPE OF APPLICATION
2.1 The on-line purchase on the site ” libertykite.com ” of products and services provided by the company OCEA whose coordinates are indicated in article 1 of the present document is subjected to the present general conditions of on-line sale (hereafter ” CGV “), as well as to the general conditions of sale of the company OCEA.
2.2 They prevail over any document of the Seller (in particular prospectuses, advertisements, and/or other documents), as well as over any general conditions of purchase, the latter not being opposable to the Seller. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version, it being specified that the applicable GCS are those in force on the date of payment of the order. Any online order of a Product automatically implies the customer’s unreserved acceptance of these GCS.
- PRODUCTS AND SERVICES
3.1 The Products sold by the Seller are fenders and traction systems, called LibertyKite® specially designed for the traction of boats from 4 to 18 meters (hereinafter the “Product(s)”).
3.2 The essential characteristics of the Products and services offered by the Seller, the prices of the Products and the associated costs have been communicated to the customer throughout the order process and the customer acknowledges having been fully informed of them. The customer acknowledges that it has received all the information necessary to ensure that the offer meets its needs, it being specified that it is always possible to contact the Vendor at the contact details set out in Article 1 hereof, should it wish to obtain additional information.
3.3 The models on display, notices, leaflets, catalogues, illustrations or photos of the Products offered for sale are for information purposes only and have no contractual value.
3.4 The availability of the Products, as well as the delivery time have been communicated to the customer by the Seller, before the confirmation of the order. The Seller undertakes to honour the customer’s order within the limit of available Product stocks.
3.5 In the event that, after the order, the Product becomes totally or partially unavailable, the Vendor will inform the Customer by email, who will have the possibilitý:
– Either, if he accepts it, to be delivered of a product of qualitý and a price equivalent to that ordered;
– Or to be reimbursed the price of the Product or service ordered; or
– Either to accept the postponement of the delivery date
- ORDERING PROCESS
4.1 After having chosen the product on the shop of the site ” libertyKite.com “, the customer selects this product by pressing the button ” add to cart “.
4.2 Once the Product(s) have been selected, the Customer displays on the following page his shopping cart summarizing all his purchases, the prices of the Products and the associated costs. At this stage, the customer can update his or her basket again or proceed to confirm the order. By proceeding to this validation, the customer acknowledges and accepts the full content of his order and waives the right to contest it later.
4.3 If he proceeds to the validation of his order, the client must then identify himself and fill in all the necessary information for the management of the order, notably the delivery address of the Products. The entry of an email address is mandatory so that the Vendor can send him/her the confirmation of his/her order.
4.4 Throughout his order, the Customer has the possibility to check and, if necessary, modify the content of his order.
4.5 Once the previous steps have been completed, and in order to proceed with payment, the Customer chooses his method of payment on the site. Before confirming his order, the customer acknowledges having read and accepted without reservation the general terms and conditions of online sales.
4.6 Once the payment has been chosen, a screen summarising the order placed by the customer appears again. The Seller will then send the customer by email, the confirmation of his order.
4.7 The Vendor’s system checks the correct sending of the order confirmation but not its reception by the customer. Consequently, if the customer does not receive this confirmation, it is the customer’s responsibility to contact the Vendor at the contact details set out in Article 1 of these terms and conditions so that a confirmation email can be sent back to the customer. The responsibility of the Vendor may not be engaged in the event that the customer does not receive the confirmation email due to an error on his part in entering his details.
- PRICE – INVOICING – PAYMENT TERMS
5.1 The prices invoiced by the Seller are quoted in euros, all taxes included, and are fixed on the basis of the price conditions in force on the day of the order. The prices are available on the Vendor’s website and in all cases, upon request by the Customer. They are subject to the VAT rate legally in force and may be revised without notice, particularly in the event of the creation of any new taxes or charges and/or any modification of current taxes or charges which would automatically imply a readjustment of prices.
5.2 It is up to the customer to check, before the final validation of his order, that the price suits him. No subsequent dispute concerning the price will be taken into consideration.
5.3 – Payment by cheque:
By choosing this method of payment, you simply need to send us, together with your printed order form, your cheque made out to the order of the Océa accounting agent, to the following address:
5 Lakmé Lane
We ship your order as soon as we receive and cash the check.
5.4 – Payment by bank transfer:
You will receive, following your order by e-mail the useful bank details. It is important to note that an average of three working days are required to issue a transfer. You therefore have 7 days to make your transfer.
The order validated by the customer will be effective only when the Vendor has received the payment.
5.6 At the customer’s request, a paper invoice will be sent to the customer, showing the VAT.
5.5. Once the payment has been registered, the Customer may not cancel or modify his order online.
- DELIVERY, COSTS AND TRANSFER OF RISKS
6.1 The Products shall be delivered to the Client via Parcel post, to the address indicated by the Client during the order process.
6.2 Delivery shall be made no later than the date indicated by the Seller at the time of the order.
6.3 The delivery of the Products shall be deemed to be effective on the date of dispatch of the notice of availability sent to the Customer by the Seller or the carrier, the date from which the transfer of risks takes place. As of this date, the customer assumes all risks, in particular the risk of loss and deterioration of the Products and responsibility for any associated damage.
6.4 Delivery to certain areas may give rise to additional invoicing. In such a case, this information shall be indicated as part of the order process.
7.1 The products are guaranteed against hidden defects and conformity under the legal guarantee, under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 217-4 to L 217- 14 of the Consumer Code.
7.2 In accordance with Article 1648 of the Civil Code, the action resulting from redhibitory defects must be brought by the customer within two years of the discovery of the defect. In this context, the customer will have the choice “to return the item and have the price refunded, or to keep the item and have part of the price refunded” (Article 1644 of the Civil Code).
7.3 In accordance with Article L 217-7 of the French Consumer Code, the customer may request that the guarantee of conformity be invoked within two years of delivery of the Product.
7.4 The deteriorations or damages listed below as well as their consequences are excluded from the present warranty:
– normal wear and tear, discoloration of fabrics,
– damage resulting from alterations and modifications (in particular to the bridle: any change in the length, position of fasteners, knots etc.), or repairs, even partial, carried out without the Vendor’s express agreement,
– damage resulting from failure to comply with the recommendations specified in the instructions for use supplied with the Products,
– damage resulting from installation or use that does not conform to the Seller’s specifications, negligent, imprudent, abusive, unsuitable or abnormal use and/or storage and/or transport, negligence in taking the necessary precautionary measures,
– damage resulting from an accident such as explosion, fire, flood, storm, lightning, transport, riot, theft, impact, or more generally, from a cause external to the product (e.g. accident, shock, etc…).
7.5 In order to enable the warranty to be invoked, the customer shall allow the Seller to inspect, check and control the Product in question that may bring this warranty into play.
7.6 Any expenses incurred in carrying out these operations will be reimbursed to the customer unless it appears that the deterioration and damage in question are excluded under Article 6.4 of these GCS.
7.7 For the organs or parts (accessories and equipment) that the Seller has had manufactured and fitted to the Product which obviously bear the mark of another identified supplier, the warranty is limited to the warranty offered by this supplier. However, the Seller undertakes to provide after-sales service and consequently to act as an intermediary between the customer and the supplier.
8.1 The choice and purchase of a Product and/or a service of the Seller is the sole responsibility of the Customer. The total or partial inability to use the Product, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller.
8.2 Under no circumstances may the Seller be held liable for any direct or indirect damage of any nature whatsoever, resulting from improper use of the Products, in non-compliance with the instructions for use and/or the basic safety rules.
8.3 The Customer shall comply with all safety instructions and rules applicable to the use of the Products and shall read the user manual that may have been sent to him.
8.4 The Seller declines all responsibility in the event of non-observance by the customer of the elementary safety rules, such as in particular : not to anchor directly to the kite via a harness or any other means of attachment, not to use the kite for kitesurfing or any other practice using a traction kite other than the traction of a boat, not to use the kite as a means of sustenance such as paragliding, parachuting or any other activity related to gliding, not to use this product under the influence of alcohol, drugs or any other substance that could alter his physical condition. Do not use the wing without a release system (line cutter or other means to release one of the lines). Test the release system in a low-risk situation before using it in the water. Never use the kite in strong winds (over 25 knots), in stormy weather, in conditions that are beyond the client’s skill level. Do not fly the kite near power cables, marine power installations or platforms, telephone poles, trees, airports, bushes, streets, or cars. Use the kite in safe areas and away from other people. All aircrew must wear a life jacket, shoes and gloves.
8.5 When using the Products, all legal rules and regulations must be observed.
- RESPONSIBILITY FOR THE USE OF THE SITE
9.1 The Seller does not guarantee that the site ” libertykite.com ” will be free of anomalies, errors or bugs, nor that the site will function without interruption or breakdown, nor that it is compatible with a material or a particular configuration other than the one validated by him.
9.2 The Vendor shall in no case be liable for malfunctions attributable to third party software whether it is incorporated into the site or supplied with it.
9.3 Under no circumstances shall the Vendor be liable for any type of damage of any kind resulting from the use or total or partial impossibility to use the site.
9.4 The Customer declares that it is aware of the limits and characteristics of the Internet, its technical performance, response times for consulting, querying or transferring data and the risks related to telecommunications security.
- CAUSES OF EXONERATION
10.1 In the event of a cause of exoneration as indicated below, the Seller’s obligations are suspended, so that the Seller cannot be held liable for such causes. By express agreement, events such as strikes, whatever the cause, lockout, tooling accident, scrapping of a part in the course of manufacture, interruption or delay in transport, shortage of raw materials, embargo, act of government, fire, or any other cause causing a slowdown and/or stoppage of manufacture at the Seller or its suppliers and/or subcontractors and generally any other event of any nature whatsoever that is beyond the control of the Seller, shall be considered as causes of exoneration.
10.2 In the event that the Vendor should avail itself of one of these causes of exoneration, it shall inform the customer by registered letter with acknowledgement of receipt as soon as it occurs and when it ceases.
- WITHDRAWAL PERIOD
11.1 Under the conditions provided for by the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return”. The period runs from receipt in the case of goods or acceptance of the offer in the case of services.
11.2 If the right of withdrawal is exercised, only the price of the Product and the shipping costs will be refunded, the costs of returning the Product in the event of withdrawal remain the responsibility of the customer.
Returns of the Product must be made in their original state and complete (packaging, accessories, instructions etc…) and must be accompanied by a copy of the proof of purchase.
The complaints of commercial nature or relating to the quality of the Products and services provided, must be addressed by registered letter with acknowledgement of receipt to the company OCEA, 5 allée Lakmé 33120 Arcachon, this at the latest within 10 days as from the date of the delivery. Claims will only be accepted if they are detailed and if the customer allows the Seller to inspect the Product in question.
- INTELLECTUAL PROPERTY
13.1 The Salesman is titular of all the rights of intellectual property relating to the site ” libertykite.com ” which belong to him including the right of use relating to it.
13.2 All the elements of the site ” libertykite.com ” are and remain the exclusive property of the company OCEA. Nobody is authorized to reproduce, exploit, rebroadcast or use for any reason whatsoever, even partially, elements of the site, whether they are software, visual or sound.
13.3 Access to the site does not confer to the user any right on the intellectual property rights relating to the site which remain the exclusive property of the company OCEA. Any simple link or hypertext link is strictly forbidden without an express written agreement of the company OCEA.
13.4 Generally speaking, all the Products and contents proposed by the Seller (in particular illustrations, photos, texts, labels, trademarks, images and video) are its exclusive property.
13.5 Any total or partial reproduction of the contents by any process whatsoever, and on any support is subject to the prior and express authorization of the Seller.
- PERSONAL DATA
14.1 Concerned about the respect of privacy and the protection of the information provided by the customer, the Seller complies with the applicable legislation in force regarding the respect of privacy and the protection of personal data. The Seller reserves the right to collect nominative information and personal data concerning the customer. They are necessary for the management of the order, as well as for the improvement of the services and the Products and the information sent by the Vendor. They may also be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations.
14.2 In accordance with the law of 6 January 1978, the customer has the right to access, rectify and delete data concerning him/her. To do so, he simply needs to contact the Seller at the contact details as set out in Article 1 of these GCS.
Should any provision of these GTC be invalidated, such invalidity shall not invalidate the remaining provisions, which shall remain in force.
- MEDIATION UNDER THE CONSUMER CODE
In accordance with Article L 612-1 of the French Consumer Code, the consumer may refer any commercial dispute relating to the sale of a Product to a mediator, provided that the dispute has not been settled amicably and subject to the conditions of admissibility of his file. Consumer mediators are referenced on the website of the Mediation Assessment and Control Commission and on the European online dispute resolution platform (RLL). The costs of such mediation shall be borne by the Seller.
- APPLICABLE LAW AND JURISDICTION
In the event of a dispute relating to these general terms and conditions of sale and the services they govern; the French courts shall have sole jurisdiction and French law shall be the only applicable law. Disputes arising between the Vendor and his commercial customers will be submitted to the Commercial Court of Bordeaux.