GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE PROVISION
ARTICLE 1: SCOPE AND AMENDMENT OF THE GENERAL CONDITIONS OF SALE AND SERVICE PROVISION
Unless expressly stipulated otherwise, contained in a specific written contract, these general conditions of sale and service (hereinafter the "GTC") as well as any additional special conditions mentioned in the order confirmation (hereinafter the " Additional conditions ") apply to any Order placed by the Customer with Lakiterie, on the websites www.lakiterie.fr or www.lakiterie.com, whether for sale of goods or provision of services.
For the purposes hereof, the term "Parties" shall be understood to mean Lakiterie acting as seller or service provider ("Lakiterie") and the customer (the "Customer") who are bound by a sales contract or contract of sale. service, as the case may be (the "Order").
By placing an order with Lakiterie, the Customer expressly acknowledges:
accept in full and without reservation the GSC; and
agree that the GSC and the Additional Terms constitute the contract binding the Parties, to the exclusion of any other provision contained in any other document whatsoever, except as otherwise expressly stipulated contained in a specific written contract concluded between the Parties.
Lakiterie reserves the right to adapt or modify these Terms and Conditions at any time.
In the event of modification, it will be applied to each Order the general conditions of sale and service provision in force at the time of formation of the contract.
ARTICLE 2: TRAINING AND DURATION OF CONTRACT
The contract will be formed only after acceptance by Lakiterie of the Customer's Order.
This acceptance will be formalized by the sending by Lakiterie of an order confirmation.
Once the contract is formed, this will result in an obligation to pay the agreed price, at the Customer's expense.
After payment of the Order, the Customer will receive a confirmation of payment and the products ordered will be delivered to him or the services performed.
Automatic registration systems are considered as proof of the nature, content and date of the Order.
Lakiterie confirms the acceptance of its Order to the Customer to the email address that it has communicated. Lakiterie can not be held responsible in case of communication by the Customer of an incomplete or incorrect email address.
The contract takes effect on the date of the Customer's receipt of an order confirmation and ends:
- for contracts for the sale of goods, on the first of the following dates:
Sending the order
Termination of the contract under the conditions set out in Article 12.
- for service contracts, on the first of the following dates:
Expiry of the duration of the service (s) specified in the Additional Terms
Early termination of the contract under the conditions set out in Article 12.
ARTICLE 3: AVAILABILITY OF PRODUCTS
Lakiterie's product offerings are only valid while stocks last.
Upon receipt of the Customer Order, Lakiterie verifies the availability of the product (s) ordered.
In case of unavailability, Lakiterie agrees within 30 working days from the confirmation of the Order, at the Customer's choice:
deliver the ordered product to the Customer, which may result in a possible price supplement or a possible price reduction, in accordance with article 3 hereof; is
to propose to the Customer, if it exists in stock, a similar product at a similar price to replace the product initially ordered. In this case the Customer must confirm to Lakiterie its acceptance of the replacement product OR the Customer has a period of X days from the proposal to refuse the replacement product. In case of acceptance of the replacement product he will, if necessary, adjust the price difference in order to confirm the Order. In case he expressly refused the product, he will be refunded; is
to refund to the Customer the product paid.
Where, in the context of an Order for which the object is a service provision (which includes, in particular, repairs, maintenance and verification of the condition of the kitesurf equipment entrusted to Lakiterie for that purpose), Lakiterie has no not material or parts necessary for the performance of the service in question, Lakiterie is committed within 30 working days from the confirmation of the Order, at the Customer's choice:
to perform the services ordered; is
to refund to the Customer the product paid.
Exceptionally, when this entails excessive formalities or costs, obstacles of any kind (which includes but is not limited to administrative or technical obstacles), Lakiterie reserves the right not to propose to the Client the choice mentioned in point (i) of Articles 3.2 and 3.3. above.
ARTICLE 4: CONDITIONS FOR PERFORMING BENEFITS
In order to provide the service that is the subject of the Order, the Customer undertakes to provide, in due time, all the information, data and information necessary for the performance of the requested work. communication is considered useful by Lakiterie, for the execution of the Order.
Lakiterie undertakes to provide the Customer with a set of specific skills in terms of repair, maintenance, checking of kitesurfing equipment (as well as accessory products, derivatives and the like), and in particular qualified human resources.
ARTICLE 5: PRICE
The price of the contract corresponding to the Order placed by the Customer with Lakiterie is the one specified in the order confirmation. It corresponds to the rates in force, as published on Lakiterie's websites.
The price is indicated in euro and takes into account the T.V.A.
Lakiterie reserves the right to modify its prices at any time but agrees to apply the current rates indicated to the Customer at the time of the Order, subject to availability on that date.
In case of unavailability on the date of the Order and in accordance with article 3 hereof, if the Customer wishes to maintain the Order and the price of the products has changed for reasons beyond the control of Lakiterie (including a price change of the supplier), a price supplement may be required if the modified price is higher than the original price. If the modified price is lower than the original price (excluding sales, promotions, special offers or discounts) Lakiterie undertakes to reimburse the Customer the difference. Once this supplement has been paid or this difference has been refunded, a new order confirmation will be sent to the Customer, stating that it replaces the original Order.
ARTICLE 6: TERMS OF PAYMENT AND SECURITY OF DATA
The Customer can settle the order:
By credit card ; is
In case of payment by check, the Customer must attach an impression of the order confirmation received by e-mail. Once the check is cashed, the Customer will receive a payment confirmation.
In case of payment by credit card, the Customer will receive an order confirmation also confirming payment.
The customer's credit card data is secured using the SSL 128 (Secure Socket Layer) encryption protocol and never transits unencrypted over the network. Payment is made directly to the bank. Lakiterie has no access to this data, and does not keep it on its servers.
ARTICLE 7: RESERVATION OF PROPERTY AND TRANSFER OF RISKS RELATED TO GOODS
The products remain the property of Lakiterie until full payment of the Order.
From delivery, the risks of the goods are transferred to the Customer.
ARTICLE 8: DELAYS AND TERMS OF DELIVERY
Delivery times may vary and are specified only as an indication. They can not in any way engage Lakiterie. When the ordered product is available and / or when the ordered service has been performed, the average delivery times noted are as follows:
48 hours for France
3 to 4 days for Europe
8 to 10 days for the rest of the world
The parcels are delivered by post or by a carrier according to their destination, their weights and their dimensions, to the address appearing on the order form.
Lakiterie can not be held responsible for the consequences due to a delay of delivery or a loss on the part of the postal services or the carrier and that it is about sending goods or equipment of kite surfing (wing, board etc.) following a repair.
All products sent receive a neat package and reasonably adapted. Lakiterie takes special care to package and protect fragile products.
At the time of delivery, the Customer is required to check the condition of the packaging.
This verification is considered to be carried out when the Customer, or a person authorized by it, has signed the delivery note.
If at the time of delivery, the original packaging is damaged, torn, opened, the Customer must then check the condition of the items. In the case of a package of products ordered from Lakiterie, if they have been damaged, the Customer must refuse the package and note a reserve on the delivery note (parcel refused because open or damaged). In the case of a return of equipment following a service ordered from Lakiterie, if they have been damaged, the Customer must note a reservation on the delivery note (contents of the damaged package) and report the problem in Lakiterie within 8 hours after receipt.
ARTICLE 9: RESPONSIBILITIES
Lakiterie undertakes to provide the best care for the performance of the ordered services.
The responsibility of Lakiterie can only be engaged in case of fault on his part whose proof lies with the Customer. Insofar as the Customer shows that he has suffered damage as a result of a fault directly attributable to Lakiterie, Lakiterie's liability could only be incurred, as compensation for the damage suffered, up to a maximum of twice the cost of invoicing the services. performed.
In no event shall Lakiterie's liability be sought for total or partial non-performance of the contract in the following cases:
fault, negligence, omission or failure of the Client;
fault, negligence, omission of a third party over whom Lakiterie has no power of control or supervision;
force majeure, fortuitous event, events or incidents beyond the control of Lakiterie (including but not limited to events such as disturbances, social unrest, total or partial strike including postal services and means of transport and / or communications, flood, fire).
The choice, the purchase of a product and / or the order of a service are under the sole responsibility of the Customer. The total or partial impossibility of using the products in particular because of the incompatibility of the material can not give rise to any compensation, reimbursement or questioning of the responsibility of Lakiterie.
ARTICLE 10: GUARANTEE ON BLADDERS
The bladders made by Lakiterie are backed by a guarantee of 3 months from the date on the invoice sent to the Customer.
Lakiterie is committed to producing its sausages with the care required by the requirements of the profession, from the patterns of the original models, according to a specification that is specific to it (reinforced ends, use of polyurethane 80 microns, valves d heat-welded origin at high frequency to limit the risk of detachment over time, slight oversizing for greater strength).
The following defects are covered by the warranty:
leaks on a faulty weld;
detachment of a valve;
leakage at the valve.
Are excluded from the scope of the guarantee:
any type of damage resulting from assembly without the use of talc;
any type of hernia resulting from improper use, misplacement, or deterioration of the outer wing shell (including but not limited to hernias of batten between valve and the leading edge, to the hernias of a batten, to the hernias of a leading edge resulting from the forgetting of the closure of the scratch.);
any type of damage to the coil due to external aggression (which includes both voluntary and unintentional, accidental or unforeseeable events).
In order to determine if the Customer is entitled to benefit from the guarantee, the Customer must send Lakiterie customer service a photo of the roll and the wing with reference or copy of the invoice. If the photo does not make it possible to determine the nature, the extent and / or the origin of the damages, Lakiterie could require the Customer to return the boudin to him personally or by parcel post with acknowledgment of receipt, at the Customer's choice.
If the defect enters a case of assumption of responsibility by the guarantee, the expenses of sending of the Customer and the expenses of forwarding by Lakiterie will be charged to Lakiterie. The shipping costs of the Customer will be reimbursed by Lakiterie within 30 working days.
In the event of exclusion from the scope of the guarantee, the refusal of supported by motivated will be communicated to the Customer by email and the possible expenses of sending and forwarding will remain the responsibility of the Customer. If the pudding has been returned to Lakiterie, the Customer will have the choice between:
recover the damaged pudding: the Customer will then have to pay the forwarding fees by Lakiterie. In the absence of payment of the costs of forwarding within 7 working days, the Customer will be deemed to have fully renounced to recover the rod;
Ask Lakiterie to repair the coil: if Lakiterie believes that the damage is repairable and that the repairs guarantee a sufficient level of safety and quality, Lakiterie will then establish a repair estimate that the Customer must accept and which he must first settle. price;
Renounce the recovery of the boudin: Lakiterie will then be entitled to throw it or destroy it.
The Customer undertakes to communicate his choice within 48 hours from the sending by email of the refusal of assumption of responsibility under the guarantee.
ARTICLE 11: RIGHT OF WITHDRAWAL - EXCHANGES AND REFUNDS
In accordance with the current provisions of the Consumer Code (Article L.121-17), the Customer, as a consumer, has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return fees. This period runs from the receipt for the goods, and the confirmation of the Order for the services. The Customer must return the goods to Lakiterie no later than 14 days after sending the decision to retract.
The consumer may waive this deadline in case he can not move and where simultaneously it would need to appeal to an immediate benefit and necessary to its conditions of existence. In this case, he would continue to exercise his right of withdrawal without having to justify reasons or to pay penalties.
When the information provided for in Article L.121-19 has not been provided, the period of exercise of the right of withdrawal is extended to three months. However, when the provision of this information occurs within three months from the receipt of the goods or the acceptance of the offer, it runs the period of seven days mentioned in Article L.121-20 above.
The product must be returned in good condition, in its original packaging, accompanied by all accessories.
The right of return can not be exercised for items that can be copied (DVD, Video, etc.) unless they are returned to us on time and not unsealed.
The Customer is bound to respect the following return procedure:
The cost of return and the costs of a possible new shipment are the responsibility of the Customer in the event of a withdrawal and at the expense of Lakiterie in the event of a return for a proven product that does not comply with the Order.
The right of return can only be accepted for complete products, in their original condition (packaging, accessories, instructions ...) with a copy of the purchase invoice. Items returned incomplete, damaged, damaged or soiled by the Customer are not returned, they will be redirected at the expense of the Customer.
Lakiterie undertakes to make, at the Customer's choice, an exchange, a credit or a refund for the benefit of the Customer, within a maximum period of 14 working days after receipt of the products by Lakiterie.
No cash on delivery will be accepted.
ARTICLE 12: TERMINATION
In case of failure by one of the parties to one of its obligations, not repaired within 30 working days from a formal notice to remedy addressed by registered letter with acknowledgment of receipt by the other Party, the latter may terminate the contract ipso jure, subject to any damages and interest to which it may be entitled if applicable.
ARTICLE 13: "COMPUTER AND FREEDOM" PROVISIONS
In accordance with Article 34 of the "Informatique et Libertés" law of January 6, 1978, the Customer has the right to access, modify, rectify and delete data concerning him at any time.
In addition, Lakiterie undertakes not to communicate, free of charge or with consideration, the details of its Clients to a third party for purposes other than the performance of this Agreement.
ARTICLE 14: COORDINATES OF THE COMPANY
You can contact Customer Service:
by e-mail: firstname.lastname@example.org
by phone: +33 (0) 658 51 99 29
by mail :
Lakiterie - Laurent Bailli
91 RUE DE CRIMEE
75019 Paris - France
ARTICLE 15: NON RENUNCIATION
The fact for Lakiterie not to avail, to rely belatedly or partially any provision of these Terms does not in any way waive its rights, including those whose compliance was not required and can not to prevent any further exercise of his rights at a later date.
ARTICLE 16: RESOLUTION OF DISPUTES: APPLICABLE LAW AND COMPETENT TRIBUNAL
The contract concluded between Lakiterie and the Customer as well as any dispute, as defined below, shall be exclusively governed and interpreted in accordance with French law.
Any dispute between Lakiterie and the Customer, regardless of the subject matter or basis, relating to the Order placed by the Customer with Lakiterie, or which will be the result or the consequence, will be submitted to the exclusive competence of the Customer. Commercial Court of Paris and this even in case of plurality of defendants or appeal in warranty, notwithstanding any contrary clauses.