Terms & Conditions

1. LEGAL INFORMATION

 

The site ” libertykite.com ” presents the company OCEA (hereafter ” the Seller “):

 

Limited liability company with registered office at 5 allée Lakmé (33120) Arcachon, registered in the Bordeaux Trade and Companies Register under number B 387 944 408, with share capital of €57,626.00. Telephone number: 05 57 15 22 62; Email: libertykite@beyond-the-sea.fr

 

2. PURPOSE AND SCOPE OF APPLICATION

 

2.1 The online purchase on the “libertykite.com” website of products and services provided by the OCEA company whose coordinates are indicated in article 1 hereof is subject to the present online general sales conditions (hereinafter “GSC”), as well as to the general sales conditions of the OCEA company.

2.2 They shall prevail over any document of the Vendor (in particular prospectuses, advertisements and/or other documents), as well as over any general conditions of purchase, the latter not being enforceable against the Vendor. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version, it being specified that the applicable terms and conditions are those in force at the date of payment of the order. Any online order for a Product automatically implies the customer’s unreserved acceptance of these GCS.

 

3. PRODUCTS AND SERVICES

 

3.1 The Products sold by the Seller are wings 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 Vendor, the prices of the Products and the associated costs have been communicated to the customer throughout the ordering process; the customer acknowledges having full knowledge of them. The customer acknowledges that he/she has received all the information necessary to ensure that the offer meets his/her needs, it being specified that it is always possible to contact the Vendor using the contact details set out in article 1 hereof, should he/she wish to obtain further information.

 

3.3 The models displayed, notices, leaflets, catalogs, illustrations or photos of the Products offered for sale are only indicative and have no contractual value.

 

3.4 Product availability and delivery times are communicated to the customer by the Vendor prior to order confirmation. The Vendor undertakes to honour the customer’s order within the limits of available stocks of Products.

3.5 In the event that, subsequent to the order, the Product becomes totally or partially unavailable, the Vendor will inform the customer by email, who will have the possibilitý:

• Or, if he accepts it, to be delivered a product of a qualitý and a price equivalent to the one ordered;
• Or to be reimbursed for the price of the product or service ordered
• Accept the postponement of the delivery date

4. ORDER PROCESS

 

4.1 After having chosen the product on the store of the site ” libertyKite.com “, the customer selects this product by pressing on the key ” add to the basket “.

 

4.2 Once the Product(s) have been selected, the customer’s basket is displayed on the next page, summarizing all purchases, Product prices and associated charges. At this point, the customer can update their basket or proceed to checkout. By proceeding with this validation, he acknowledges and accepts the full content of his order and waives the right to contest it at a later date.

 

4.3 Once the order has been validated, the customer must identify him/herself and enter all the information required to process the order, in particular the delivery address for the Products. An email address must be entered in order for the Vendor to send confirmation of the order.

 

4.4 Throughout the order process, the Customer may check and, if necessary, modify the contents of the order.

 

4.5 Once the above steps have been completed, and in order to proceed with payment, the customer chooses their method of payment on the site. Before confirming his/her order, the customer acknowledges that he/she has read and unreservedly accepts the general terms and conditions of online sale.

 

4.6 Once payment has been selected, a screen summarizing the customer’s order appears. The Vendor will then send the customer confirmation of the order by email.

 

4.7 The Seller’s system verifies that the order confirmation has been sent, but not that it has been received by the customer. Consequently, if the customer does not receive this confirmation, it is the customer’s responsibility to contact the Vendor using the contact details set out in article 1 of these terms and conditions so that a confirmation e-mail can be resent. The Vendor cannot be held responsible in the event that the customer does not receive the confirmation email due to an error in the customer’s personal details.

 

 

5. PRICES – INVOICING – PAYMENT TERMS

 

5.1 The prices invoiced by the Vendor are stated in euros, inclusive of all taxes, and are based on the pricing conditions in force on the day of the order. Prices are available on the Vendor’s website and, in all cases, on request from the Customer. They are subject to the VAT rate legally in force and may be revised without notice, in particular 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 the customer’s responsibility to check that the price is correct before confirming the order. No subsequent dispute concerning the prize will be taken into consideration.

 

5.3 – Payment by cheque :

 

If you choose this method of payment, all you have to do is send us your cheque, along with your printed order form, made payable to Océa’s accounting officer, to the following address:

Océa

5 allée Lakmé

33120 Arcachon

We ship your order as soon as we receive your check.

5.4 – Payment by bank transfer :

 

Once you have placed your order, you will receive an e-mail containing your bank details. It is important to note that it takes an average of three working days to issue a transfer. You then have 7 days to make your transfer.

 

The order validated by the customer will not be effective until the Seller has received payment.

 

5.6 At the customer’s request, a paper invoice will be issued, including VAT.

 

5.5. Once the payment has been registered, the customer cannot cancel or modify the order online.

 

6. DELIVERY, CHARGES AND TRANSFER OF RISK

 

6.1 The Products are delivered to the customer’s home via Parcel Post, to the address indicated by the customer during the order process.

6.2 Delivery will be made no later than the date indicated by the Seller at the time of the order.

6.3 Delivery of the Products is deemed effective on the date of dispatch of the notice of availability sent to the customer by the Vendor or the carrier, from which date the transfer of risks takes place. From this date, the customer assumes all risks, in particular 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 cases, this information is provided as part of the order process.

 

7. GUARANTEE

7.1 Products are guaranteed against hidden defects and conformity under the legal warranty, under the conditions set out in articles 1641 to 1649 of the French Civil Code and L 217-4 to L 217-14 of the French Consumer Code.

7.2 In accordance with article 1648 of the French Civil Code, the customer must bring an action for redhibitory defects within two years of discovery of the defect. In this case, 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 French Civil Code).

7.3 In accordance with article L 217-7 of the French Consumer Code, the customer may request the implementation of the guarantee of conformity within two years of delivery of the Product.

7.4 The deterioration or damage listed below and their consequences are excluded from this warranty:

• normal wear and tear, discoloration of fabrics,
• damage resulting from transformations and modifications (in particular clamping: any change in length, position of fasteners, knots, etc.), or repairs, even partial, carried out without the express agreement of the Vendor,
• damage resulting from failure to comply with the instructions for use supplied with the Products,
• damage resulting from installation or use not in accordance with the Seller’s specifications, negligent, imprudent, abusive, unsuitable or abnormal use and/or storage and/or transport, negligence in taking appropriate precautions,
• damage resulting from an incident such as explosion, fire, flood, storm, lightning, transport, riot, theft, collision or, more generally, 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 Vendor to inspect, check and control the Product in question, which may give rise to the present warranty.

 

7.6 Any expenses incurred in carrying out these operations will be reimbursed to the customer unless it appears that the deterioration or damage in question is excluded under article 6.4 of these GCS.

7.7 For parts or components (accessories and equipment) which the Seller has had manufactured and fitted to the Product and which clearly bear the trademark of another identified supplier, the warranty is limited to the warranty offered by that supplier. However, the Vendor undertakes to provide after-sales service and consequently to act as an intermediary between the customer and the supplier.

 

8. RESPONSIBILITIES

8.1 The choice and purchase of a Product and/or service from the Vendor is the sole responsibility of the customer. The total or partial impossibility of using the product, notably due to incompatibility of equipment, cannot give rise to any compensation, reimbursement or liability on the part of the Vendor.

 

8.2 In no event shall the Seller be liable for any direct, indirect, special, incidental or consequential damages whatsoever resulting from improper use of the Products in violation of the instruction manual and/or basic safety rules.

 

8.3 The customer must comply with all safety instructions and rules applicable to the use of the Products, and in particular must read any instructions for use that may have been sent to him.

 

8.4 The Vendor declines all responsibility in the event of failure by the customer to observe basic safety rules, such as not to anchor themselves directly to the wing via a harness or any other means of attachment, not to use the wing for kitesurfing or any other practice using a traction wing other than pulling a boat, not to use the wing as a means of lift such as paragliding, parachuting or any other gliding activity, not to use this product under the influence of alcohol, drugs or any other substance which could alter their physical condition. Do not use the kite without a release system (line cutter or other means of releasing one of the lines). Test the release system in low-risk situations before using it in water. Never use the wing in strong winds (over 25 knots), in stormy weather, or in conditions beyond the customer’s skill level. Do not fly near electric cables, marine power installations or platforms, telephone poles, trees, airports, bushes, streets or cars. Use the kite in safe areas away from other people. All sailors must wear a life jacket, shoes and gloves.

 

8.5 When using the Products, all applicable legal and regulatory rules must be complied with, in particular with regard to navigation.

 

9. LIABILITY FOR 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 work without interruption or breakdown, nor that it is compatible with a particular hardware or configuration other than the one validated by him.

 

9.2 The Seller shall in no event be liable for malfunctions attributable to third-party software, whether or not incorporated into or supplied with the Site.

 

9.3 In no event will the Seller be liable for any damages of any kind arising out of the use or inability to use the Site.

 

9.4 The Customer declares that he/she is aware of the limits and characteristics of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks associated with telecommunications security.

 

10. GROUNDS FOR EXEMPTION

 

10.1 In the event of a cause of exoneration as indicated below, the obligations of the Seller are suspended, so that its liability cannot be engaged for these causes. Events such as strikes, whatever their cause, lockouts, tooling accidents, scrapping of a part during manufacture, interruption or delay in transport, shortage of raw materials, embargoes, acts of government, fire, or any other cause causing a slowdown and/or stoppage of manufacture by the Seller or its suppliers and/or subcontractors, and in general any other event of any nature whatsoever which is beyond the control of the Seller, are expressly considered as causes for exemption.

 

10.2 In the event that the Vendor should invoke one of these grounds for exoneration, he will inform the customer by registered letter with acknowledgement of receipt as soon as it occurs and at the time of its cessation.

 

 

11. WITHDRAWAL PERIOD

 

11.1 Under the terms of the French 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 returning the goods”. The time limit runs from receipt for goods or acceptance of the offer for services.

 

11.2 If the right of withdrawal is exercised, only the price of the Product and the shipping costs will be reimbursed; the cost of returning the Product in the event of withdrawal remains the responsibility of the customer.

Product returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) and must be accompanied by a copy of the purchase receipt.

 

12. COMPLAINTS

 

Complaints of a commercial nature or relating to the quality of the Products and services supplied must be sent by registered letter with acknowledgement of receipt to OCEA, 5 allée Lakmé 33120 Arcachon, within 10 days of the date of delivery at the latest. Complaints will only be accepted insofar as they are detailed and the customer allows the Vendor to inspect the Product in question.

 

13. INTELLECTUAL PROPERTY

 

13.1 The Seller is the owner of all intellectual property rights related to the site ” libertykite.com ” which belong to him including the related right of use.

 

13.2 All the elements of the site ” libertykite.com ” are and remain the exclusive property of the company OCEA. No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio.

 

13.3 Access to the site does not give the user any right to the intellectual property rights relating to the site, which remain the exclusive property of OCEA. Any simple link or hypertext link is strictly forbidden without the express written consent of OCEA.

 

13.4 In general, all Products and content offered by the Seller (including illustrations, photos, text, labels, trademarks, images and video) are its exclusive property.

 

13.5 Any total or partial reproduction of the content by any process whatsoever, and on any medium whatsoever, is subject to the prior and express authorization of the Vendor.

 

14. PERSONAL DATA

 

14.1 In order to respect the privacy and protection of the information provided by the customer, the Seller complies with the applicable legislation in force concerning 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 Products and the information sent by the Seller. It may also be transmitted to companies that contribute to this relationship, such as those responsible for carrying out services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations.

 

14.2 In accordance with the law of January 6, 1978, the customer has the right to access, rectify and delete data concerning him. To do so, simply contact the Vendor using the contact details set out in article 1 of these GCS.

 

15. NULLITE

 

Should any provision of these GTC be invalidated, this shall not invalidate the other provisions, which shall remain in force.

 

16. 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 the case. Consumer mediators are listed on the website of the Commission d’évaluation et de contrôle de la médiation.and on the European platform for online dispute resolution (RLL). The costs of such mediation, if any, shall be borne by the Seller.

 

 

17. APPLICABLE LAW AND JURISDICTION

 

In the event of any 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 exclusively applicable. Disputes between the Vendor and its commercial customers shall be submitted to the Bordeaux Commercial Court.