HOLD UP PADDLE
13 route des Conches
TEL : +33 (0) 7 81 92 72 38
Product development and French sales
WHO WE ARE
Brand management and French sales
Legal and International sales
Photos : Delonde
Artwork : David Bour
© Hold Up Paddle 2015.
International patent filing (PCT)
Hold Up Paddle SAS, is a "société par action simplifiées” with a share capital of 6000 euros - RCS 810 322 354 La Roche sur Yon - Registered office : 13 route des Conches - 85750 Angles.
Web host: Wix.com - Corporate name: Wixpress Ltd.
“By virure of the French freeom of information law of 06/01/1978, you have a right to access, modify, rectify and delete data relating to you. In order to exercise this right please contact us at the following email address : firstname.lastname@example.org”
THE DOUBLE BLADE SUP PADDLE
General Terms and Conditions of Sale
These general terms and conditions of sale are intended, firstly, to inform any potential consumer or buyer
(hereinafter defined as the "Buyer") of the terms and conditions under which the Company, Hold Up Paddle S.A.S.
( hereinafter defined as the "Company") makes sales and deliveries of products ordered, and secondly, to define the rights and obligations of the parties in connection with the sale of products by the Company to the Buyer. These general terms and conditions apply, without limitation or qualification, to all sales by the Company of all products offered by the Company on its website (hereinafter defined as the "Site").
Accordingly any order made by any Buyer of a product offered for sale on the Site constitutes full acceptance of these terms and conditions of sale, which the Buyer acknowledges having read before ordering.
The products are offered for sale in the following geographical locations: Metropolitan France and Corsica, excluding overseas territories.
The Buyer warrants that he or she is either an adult or has parental permission and has the full legal capacity to place an order and contract on the Site. The Company and the Buyer (hereinafter defined as the “Parties") agree that their relations are governed exclusively by these terms and conditions of sale. These terms and conditions are subject to change. Therefore, it is understood that the applicable terms and conditions of sale are those which are in effect on the Site at the time of placing the order on the Site.
2. Company Particulars
Hold Up Paddle S.A.S.
13 Route des Conches
SIRET Number : 810 322 354 00012
Intracommunity VAT Number : FR 22 810 322 354
Company Number: 810 322 354 R.C.S.La Roche-sur-Yon
The selling prices of products on at the Site which are listed in Euros, are those which are in effect at the time the the Buyer’s order is placed.
French VAT is charged at the rate prevailing at the date on which the order is placed.
Prices do not include shipping costs, which shall be charged in addition to the price of products purchased by reference to the particular order made. Shipping charges are shown before the registration of the order by the Buyer.
Sales prices may be modified by the Company at any time. This change will be notified to the Buyer before any order is placed.
When the Buyer orders products for delivery outside the EU, these may be subject to duties and taxes on imports, which are levied when the package reaches its destination. Any additional charges for customs clearance will be borne by the Buyer; The Company does not control these costs. Customs policies vary widely from country to country, so the Buyer must contact the local customs department for more information. Furthermore, in such cases when the Buyer places an order he or she will be considered the importer and must comply with all laws and regulations of the country in which he or she receives the products. The Company draws to the attention of each international Buyer the fact that cross-border deliveries may be opened and inspected by customs authorities.
Except for deliveries in metropolitan France and Corsica, we assume no liability in the event that the item delivered does not respect the legislation of the country of delivery.
5. Product Characteristics
Pursuant to Article L 111-1 of the Consumer Code, the Buyer may, prior to placing his order, read on the Site of the essential characteristics of the product he or she wishes to order.
Offers made by the Company are valid to the extent of available stockt. For products not stocked in its own warehouse, offers made by the Company are valid subject to availability from their suppliers.
The photographs, graphics and descriptions of products offered for sale are only indicative and not binding on the Company.
If a supplier modifies a product, the Company shall not be liable for any graphic representation of that product nor shall it affect the validity of any sale.
Each order implies acceptance, without limitation or qualification by the Buyer, of these terms and conditions of sale.
The Buyer can place orders on the Site. The Buyer's order must be confirmed by the Company via email. The sale will only be considered final after dispatch by the Company to the Buyer of an order confirmation and receipt by the Company of the full price.
The Company recommends that the Buyer retains a physical or virtual copy any such order information.
Payment must be made when placing an order with the Buyer. At no time, will any payment be considered as a deposit.
The receipt of the full amount of the order will be made by the Company at the time of confirmation of the order or if paid by cheque on receipt thereof.
All orders are payable in Euros.
The Buyer when placing an order can use all the means of payment specified on the order form: Online credit card (Visa, Mastercard or Visa), bank transfer or via his or her PayPal account.
The Company reserves the right to suspend or cancel any order and/or delivery in the case of any non-payment of any sum due by the Buyer or in the case of any 'payment incident.
Penalties in an amount equal to the legal interest rate plus five basis points shall be automatically applicable to all amounts outstanding at the end of a period of ten days following the invoice date or upon notification of the rejection of bank payment any other means of payment. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.
The Company reserves the right to request a photocopy of the identity card of the Buyer for any payment made by credit card.
As part of the fight against Internet fraud, information about your order may be passed on to third parties for verification.
8. Choice of Products
The Buyer having considered all the products and their respective characteristics which are marketed by the Company, has under his or her own responsibility and according to his her or her needs as a previously determined before making any order, selected the products which are the subject of his or her order. In addition, the Buyer being the only person who knows and understands the products he or she owns and uses, is the sole judge of the compatibility of the products ordered with those which are already used by him or her.
9. Delivery and acceptance of goods
9.1. General Rules
Products will be delivered to the address indicated by the Purchaser on his or her order. The Purchaser may, at his express request, have an invoice sent to his or her billing address and not the delivery address by validating the option provided for this purpose on the order form.
In the case of delivery to certain less accessible areas (such as , for example, Corsica, Ile de Ré or Ile d'Yeu), the delivery shall be made to the nearest port. The final delivery can then be performed by an independent carrier. This delivery may result in additional charges by such independent carrier, which additional costs shall not be borne by the Company.
9.2. Delivery times
It is important to differentiate the period within which goods are prepared for dispatch and their delivery times.
The average delivery times in France from the dispatch by the Company is:
- DPD: 48/72 hours
These delivery periods are provided for information only. No non respect of these delivery periods can give rise to any damages, retention or cancellation by the Buyer.
In case of delivery at a date later than that originally determined, the Buyer shall notify the Company in writing (mail, fax, email) so that it can improve the quality of service that it offerers and enable it to conduct an investigation with the relevant carrier.
An investigation with the carrier can last up to 21 working days. If during this 21 day period, the product is found, it will immediately re-routed to the address designated in the order.
If the ordered product is no longer available, the provisions referred to in Article 8 shall apply. In case of any resulting product exchange, all delivery costs will be borne by the Buyer.
Certain products may be shipped directly from a Company supplier (the period is then usually a little longer).
All goods are transported at the Buyer’s risk.. However delivery costs include insurance against theft, damage and loss (the maximum amount of insurance reimbursement varies by carrier).
Consequently, and in any case before accepting your delivery, please check the status of your package.
In the case of any anomaly, refuse the package and indicate on the delivery note the reasons for your refusal by listing the problems found, failing which no claim will be possible
Do not let the person effecting the delivery dictate your conduct or the matters which are specified on the delivery note.
Limit yourself to indicating the damage observed avoiding words such as "unopened" or any other words that can exclude the transporter’s liability.
Lastly any reservation such "subject to unpacking" is invalid and will not be taken into account.
10. Availability of Products
Product offerings and their pricing by the Company are valid for as long as they are visible on the Site, except in special operations the duration of whose validity is specified on the Site. The Buyer is reminded to always check the availability of items sold on the information page of each product.
In the case of partial availability, the Company may make a split delivery. Products which are in stock will be sent first. The remainder will either be delivered later, be replaced by another product (with the Buyer’s agreement) or repaid. In all cases, the Company will inform the Buyer at the earliest opportunity.
When ordering an article that is unavailable, the Company reserves the right to cancel the order, subject to informing the potential Buyer.
For orders of multiple products, if any of the products proves unavailable, the Company will inform the Buyer as to which products are unavailable. The rest of the order will be processed and shipped to the Buyer within the periods advertised on the Site. The Buyer may also opt for the total cancellation of the order, subject to prior notification to the Company by email.
11. Quality and Conformity
In the case of a product being delivered which does not correspond to the order (whether defective or non-conform), the Buyer must make a claim within 7 days of signing the delivery note.
Claims must be submitted by letter or email and must include:
- the Buyer’s details
- the product reference
- the grounds for the claim.
The product must be returned within seven working days from the date on which the Company has granted the Buyer a return number.
Failing which, the Company will not make any exchange or refund of products ordered.
Any product for exchange or refund will be returned to the Company in its original condition and original packaging including the product and all its accessories.
Any risk associated with returning the product is borne by the Buyer.
Failure to comply with the procedures and time periods specified above, shall prevent the Buyer from making any claim for non-compliance or defect of goods delivered, the products then being deemed compliant and free from defect.
12. Right of withdrawal
• In Accordance with Article L121-16 of the Consumer Code, the Buyer has a period of 14 days from the date of receipt to return at its expense, any products ordered, for reimbursement.
The Buyer must keep the Company informed and the return will be made after the notification of a return number which must be recorded on the packaging.
• The products must be returned to the Company in perfect condition for resale in their original state (packaging, accessories, manuals ...), duly sealed and accompanied by the purchase invoice.
If the product has a written guarantee or other document to complete, it should not be filled in so that the Buyer can still exercise his right of withdrawal.
Any incomplete or damaged product or whose original packaging has been damaged, will not be refunded or exchanged.
The exercise of this right of withdrawal will result in the Purchaser being able to elect for reimbursement in cash or by a credit on the credit card used for the order or, if this is not possible, by cheque, after deducting all transportation costs. In all cases, the cost of returning any products to the Company will be borne by the Buyer.
In case of an exchange with an alternative product, the additional delivery costs will be payable by the Buyer to the Company.
Subject to the special provisions of paragraph 9 above, any repayment by the Company will be made in the form of a voucher can be used to purchase products on the site.
In all cases, the Company, will when providing any such voucher, notify the Buyer by email:
- Its duration of one year;
- whether or not the Buyer can seek reimbursement
- its amount.
In the case of partial use of any such voucher, the balance will remain available to the customer on the same terms and conditions as the original voucher itself .
A voucher will be considered used if even partially used or refunded.
Accordingly the Buyer agrees to honor not to make any objection or opposition to his bank or other third party to the transaction to which the reimbursement relates, and agrees not to do so for a period of one year following the use of the voucher.
The Buyer acknowledges being aware that any breach of this obligation will expose it to return any over payment received, without prejudice to any claim for damages which may be made by the Company.
The Company remains liable for defects of conformity of the goods sold in accordance with Articles L211-4 to L211-3 of the Code of French consumption.
The Company shall remain liable for its legal warranty against hidden defects in the conditions specified in Articles 1641 to 1648 of the Civil Code and Article 2232 of the same code.
The Company and reminds the Buyer that as part of its legal warranty as to conformity:
- He or she has a period of two years from delivery of the product within which to act;
- He or she can choose between the repair or replacement of the goods subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- He or she must establish the lack of conformity of the product within six months following its delivery.
The Buyer may also decide to invoke the warranty against hidden defects within the meaning of article 1641 of the Civil Code and in this case, he or she can elect between the cancellation of the sale or reduction of the selling price pursuant to Article 1644 of the Civil Code.
Any return of the product under the foregoing warranty is subject to the Company’s prior agreement. To this end, the Buyer will contact the Company. No returns will be accepted without prior the Company’s prior approval.
If a product is found defective, the Company provide a product return number to the Buyer. This product return number shall only be valid for seven days, from the date of its communication by the Company to the Buyer. After this period, the Buyer will renew its request, as described above.
The defective product must be returned in its original packaging, include the product and all its accessories and be accompanied with the clearly indicated product return number provided by the Company and the product serial number.
Any incomplete or damaged product or or whose original packaging has been damaged, will be returned or exchanged under warranty.
All costs and risks associated with returning the product shall be borne by the Buyer.
Note that for any re-shipments outside metropolitan France the Company may request a financial contribution to the costs of transport to be made by the Buyer
Any product under warranty will be, at manufacturer's option, exchanged or repaired.
The Company only gives the Buyer a warranty in respect of latent defects affecting the products delivered. This warranty shall be limited to the replacement of defective products, or parts thereof which makes them unsuitable for their use and shall exclude liability for any other damages that these hidden defects may cause.
In any event, the warranty shall exclude:
- Abnormal and improper use of the product.
- Damage of a type to which specific reference is made in the product’s notice or fiche.
- Defects and their consequences due to any act of the Buyer or a repairer who was not authorised by the Company.
- Defects and their consequences related to use for which the product which does not correspond to the use for which the product is intended (professional, collective ...)
15. Retention of Title Clause
The Company retains full ownership of items purchased by the Buyer until it has fulfilled all of its obligations and in particular until full payment, if any, plus interest.
We do not sell products to minors . We sell only sell children's products for purchase by adults. If you are under 18, you may only use the Site only under the supervision of a parent or guardian.
The products offered by the Company are in accordance with French law.
The Company shall not be held liable for any non-performance of the contract resulting from a shortage or unavailability of a product, force majeure, disruption or total or partial strike of postal services and/or transporter and / or communications.
The Company shall not be held responsible for any damages that might arise from the purchase of any product.
The Company shall not incur any liability with respect to any total or partial inability by the Buyer to use the products, due to its total or partial incompatibility with other equipment of the Buyer, nor shall it give rise to any compensation or reimbursement by the Company.
18. Partial Invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the remaining provisions will nevertheless remain full force and effect.
The failure of either party not to claim a breach by the other party of any of the obligations contained in the present general terms and conditions cannot be interpreted a future waiver of the obligation in question.
20. Applicable law
All sales of products by the Company are subject to French law. . The competent court in cases of dispute will be the defendant's place of residence or, at the applicant's place of delivery of the product.
The Buyer is informed of the possibility of recourse in the case of a dispute, to conventional mediation or other alternative dispute resolution.
The Parties expressly agree the Vienna Convention on the International Sale of Goods shall not apply to their relationship. For this purpose, any dispute which is not amicably settled will be subject to the exclusive jurisdiction of competent courts of La Roche-sur -Yon, notwithstanding the fact that there may be multiple defendants and / or collateral, emergency procedures or injunctive procedures.
21. Freedom of Information
All information collected by the Company during any order of Buyer is necessary for the management of the order by the Company and its business partners. In accordance with the Data Protection Act 78-17 of 6 January 1978, the Buyer has the right to access, rectify, object to and delete data which concerns him which is held by the Company.