ARTICLE 1 – PURPOSE AND DEFINITIONS
These General Conditions of Sale organize the online sales service of the products available via the site http://www.lokahiboards.com/
These General Conditions of Sale (the “GCS”) concerning the sale of one or more products (the “Products”) entered into by the Customer (the “Customer”) on the Merchant Website http: // www. lokahiboards.com / (the “Site” or the “Seller”).
Under the general conditions of sale,
– The term “Sale” refers to the online ordering service of Products available on the site http://www.lokahiboards.com /
– “Seller” means SAS ONE-KIN, a company incorporated under French law, a simplified joint-stock company with a capital of € 350,000, not registered at 8 rue Guynemer in PLERIN (22190 – France) Commerce and Companies of St-BRIEUC, under number 791 121 593.
The Customer makes the payment of his order online, will receive the order by the mode of transport which indicates the meaning and to the address it will have indicated.
ARTICLE 2 – MINOR CLIENTS
The on-line sale on the Site is reserved to the Major Customers at the date of conclusion of the Sale.
ARTICLE 3 – ACCEPTANCE
The CGV are available on the website at the date of sale. The Client declares that he has read and accepted these Terms and Conditions before the conclusion of the Sale.
ARTICLE 4 – PRODUCTS
The products offered are those which appear on the Site on the day of the Sale, within the limit of available stocks. These products are subject to change without prior notice.
The photographs, texts, graphics, data sheets correspond to the documentation prepared by the manufacturer.
ARTICLE 5 – PRIZES
The Seller reserves the right to modify its prices at any time. The prices appearing on the site are prices inclusive of tax (all taxes included) applicable on the day of the sale.
ARTICLE 6 – CREATION OF AN ACCOUNT
To conclude a Sale, the Customer creates a personal account that records the history of Sales to the Customer.
When the Account is created, the Client chooses an identifier and a password associated with a valid e-mail address, his / her name, first name, date of birth and mobile phone number.
The username and password remain personal to the Customer and the Seller can not be held responsible for any fraudulent use of the Client’s account by a third party.
In the event of forgetting the password, the Customer may request a reminder e-mail at the indicated e-mail address.
ARTICLE 7 – CONCLUSION OF SALES
The Sale concluded by the Customer is as follows:
1. Login to the site http: // www.lokahiboards.com /
2. Creation of the personal account or connection to this account (Optional)
3. Adding products to the “basket”.
4. Product ordering
5. Validation of the Sale.
6. Acceptance of GTC
7. Online payment
8. Sending a confirmation email with the references of the Sale.
9. Delivery to the address specified by the Customer according to the mode of transport indicated at the time of the Sale.
The sales concluded on the Site are regulated by the means of payment proposed by the Seller (bank cards, paypal)
Payments by check are not allowed.
Orders paid by PayPal are debilitated when the order is placed.
Orders paid by credit card (Visa, Carte Bleue, MasterCard and American Express) are available for product shipment.
All bank transfer must necessarily include the reference given on the confirmation page of your order. The order will be validated from the receipt of the bank transfer. Failure to receive the transfer at the end of a period of 10 days from this order will be canceled.
ARTICLE 8 – CONFORMITY OF PRODUCTS
The products on the Site comply with the legislation and safety standards applicable in Europe and France.
For any purchase for export, the Customer must verify the specification of the legislation in force of the country concerned without obligation the responsibility of the Seller.
ARTICLE 9 – TRANSPORT
The products are delivered to the address indicated on the order form.
Depending on the weight, the volume of the products ordered and the chosen destination, the Customer will have the choice, against participation, in different modes of transport. The delivery times are adapted to the needs of the validation of your order. They start running after the order is shipped.
ARTICLE 10 – CLAIM
Any complaint concerning the Sale will be sent within fifteen (15) days after the delivery of the Products, by mail to the following address: SAS ONE-KIN, 8 rue Guynemer in PLERIN (22190 – France) Mail to firstname.lastname@example.org. After the expiry of the deadline, no claim can be taken into account.
Any complaint concerning the operation of the Site will be sent by post to the following address: SAS ONE-KIN, 8 rue Guynemer in PLERIN (22190 – France).
ARTICLE 11 – ARCHIVING
Seller will archive sales and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of articles 1366 and 1367 of the Civil Code.
ARTICLE 12 – CANCELLATION AND AMENDMENT
Any sale made on the Site is firm and definitive and can not be canceled or modified subject to the exercise of the right of withdrawal provided for by law.
ARTICLE 13 – EXERCISE OF THE RIGHT OF RETRACTION
In accordance with the law, the Consumer Customer has a 14-day withdrawal period to return products that do not suit him / her.
This period runs from the day of receipt of the product, or the last product delivered in case of orders of several products.
When this period expires on a weekend, holiday or non-working day, it is extended to the next working day.
To exercise its right of withdrawal, the Customer will inform the Seller via an email to email@example.com
The right of withdrawal implies the reimbursement of the order by the Seller within 14 days of the receipt of the return or upon receipt of proof of return of the products, apart from the expenses of perfect return that remain the responsibility of the customer.
In order to exercise its right of withdrawal, the Customer must return the product in its original packaging, and the product must not have been used.
The address for product returns is:
8, rue Georges Guynemer
In case of return, the refund will be by bank transfer.
ARTICLE 14 – WARRANTY
We take pride in the quality or our LOKAHI boards/products and Accessory lines. All of our LOKAHI products are warranted against defects in materials and workmanship
for a period of 2 years legal European warranty against manufacturing defects (by Law : after 6-months following the purchase the client has to prove the defects).
In accordance with Articles L.217-4 to L.217-14 of the Consumer Code, the Customer is guaranteed a guarantee against the defects of conformity of the products purchased on the Site.
This warranty against defects of conformity applies to the cost of the parts and labor necessary to bring your property back into conformity.
To conform to your order, the property must correspond to the description given on our website and possess the qualities presented or present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his Representative, in particular in advertising or labeling.
In this case, the Customer will make a written declaration of the defects found and return the product (s). If the lack of conformity is confirmed by its services, the Seller will exchange or repair the property according to the cost represented in accordance with article L.217-9 of the Consumer Code.
In accordance with article L.217-11 of the Consumer Code, return costs are reimbursed, upon receipt, after return of your product if the lack of conformity is confirmed.
LOKAHI will repair or replace with like merchandise any product that proves defective. This warranty commitment does not cover any other claim conditions such as:
1) Damage or defects caused by impact with any material or object including a PADDLE.
2) Damage or defects caused by, collisions, abuse, misuse or accidental damage.
3) Damage or defects caused by transport, loading, unloading, dropping, out of water handling or similar.
4) Damage or defects caused by exposure to temperatures over 40 and under 0 degrees Celsius.
5) Damage or defects caused by nature, such as earthquake, fires etc.
6) Damage or defects caused by alterations or modifications.
7) Damage or defects caused by repairs.
8) Damage or defects caused by usage of the board after a claim is reported.
9) Damage or defects caused by storage of the board in closed, damp conditions.
10) Damage or defects caused by riding in shallow water: as shallow as 1m deep.
11) Damage or defect caused by big waves or shorebreaks.
Cleaning / Maintenance / Storage
. Rinse with soft water every time you use the board.
. Do not store your board in a car parked in high temperature environment.
. Bright color will fade when subjected to prolonged sunlight exposure (This is not covered under warranty). To protect your board from ultraviolet rays of sunlight,
store your Lokahi board in a board bag when not in use.
. Clean only with soap and water.
Stand Up Paddle are extreme sports. As such, there is potential of serious injury or death. Only strong swimmers over the age of 12 years should participate.
Use of a PDF and head protection is required. You should consult your physician regarding your physical condition before these or any other strenuous sport.
If you are not willing to accept these risks, do not surf.
Please contact us at any time with questions regarding any of our product
One-Kin (LOKAHI), 8 rue Guynemer, 22190 Plerin, France.
ARTICLE 15 – EXCLUSION OF LIABILITY RELATING TO THE WEB SITE
The Seller is not responsible for the risks related to the use of the Internet network (loss of data, intrusion, virus …).
ARTICLE 16 – PROTECTION OF PERSONAL DATA
Via the online ordering site, the Seller collects personal data, such as surname and forenames, postal and electronic addresses, mobile phone number, submitted by the Customer for commercial purposes and in particular to participate in promotional operations Or advertising.
The Seller does not share this personal data with anyone.
The Seller may, however, solicit contractors to carry out various tasks, including commercial tasks such as fulfillment of orders, promotional campaign assistance, provision of technical services for websites, etc. Such service providers shall have access to personal data if this is necessary for the performance of their services and may not use such data outside the performance of those services. These undertakings undertake to comply with the legislation on the collection and processing of personal data
The Seller does not sell, assign or disclose any personal data to third parties.
In the event that the Seller is obliged, in order to comply with an administrative, legal or judicial decision, to communicate to an authorized third party, within the meaning of the law of 6 January 1978 relating to data processing, files and freedoms, Information relating to the personal data entered and processed that it holds, it undertakes, before any communication, to inform the persons concerned.
In accordance with the law “Informatique et Libertés” of 6 January 1978, the Customer has the right to access and rectify information concerning him. If the customer wishes to exercise this right, to obtain the communication of the information concerning him or to oppose the processing of his personal data, he is addressing the company SAS ONE-KIN, 8 rue Guynemer in PLERIN (22190 – France)
ARTICLE 17 – APPLICABLE LAW
These GCS are subject to the laws of the French Republic, with the exception of the provisions of the Vienna Convention of 11 April 1980 on the international sale of goods.
ARTICLE 18 – COMPETENT JURISDICTION
In case of dispute, the competent court is designated by the rules of common law.