Article 1 – Purpose and scope of application
These General Terms and Conditions of Sale (GTC) govern, without restriction or reservation, all sales concluded by the company Watersport Concept (“the Seller”) with any professional buyer (“the Client”), regardless of the place of delivery.
They prevail over all purchase conditions or documents emanating from the Customer, unless expressly agreed to in writing by the Seller.
Article 2 - Orders
Orders taken by Watersport Concept or our representatives become final when they have received our written confirmation on the one hand, and the signed quote on the other.
We reserve the right to request any guarantees that we deem reasonable, and to suspend, until satisfaction on this point, the execution of our customers' orders, even if we have already acknowledged receipt of them.
Unless otherwise stipulated in writing by Watersport Concept, any acceptance of a quote implies full and unreserved acceptance of the general terms and conditions of sale, which prevail over all purchase conditions.
Unless otherwise specified in the quotation, all export orders are governed by the Incoterms of the International Chamber of Commerce (ICC). The Seller reserves the right to refuse any order from a Customer with whom there is a prior payment dispute.
Article 3 - Price
The prices listed in our price lists are determined according to the economic conditions prevailing at the time of their establishment. They may be revised without notice depending on changes in economic conditions. All our prices are exclusive of tax, for packaged goods ex-works from our premises in Perpignan. Shipping costs are not included in the price, unless otherwise specified by a Watersport Concept representative. Price changes do not entitle the customer to cancel their order. Invoices are issued according to the price list in effect on the day the goods are collected or shipped. Prices are expressed without taxes, departure Seller's warehouses or directly from the factory, according to the conditions indicated in the quote.
Shipping, packaging or insurance costs are charged separately, unless otherwise stated in the quote.
ARTICLE 4 – PAYMENT TERMS
Unless otherwise stipulated, invoices are payable within 30 days of the invoice date by bank transfer.
For any new customer or any order for a personalized product, full payment (100% of the amount including tax) is required at the time of ordering, prior to any production start.
In the event of late payment, penalties will be due automatically, from the day after the due date, at a rate of three times the legal interest rate.
A fixed compensation of €40 for recovery costs will also be due (Article L441-10 of the Commercial Code).
In the event of non-payment after a formal notice to pay has been issued and remains unsuccessful, the Seller may suspend or cancel pending orders and demand the return of goods at the Customer's expense.
ARTICLE 5 – INTELLECTUEL PROPERTY RIGHTS
Ownership of the products sold is transferred only upon full payment of the price by the Customer.
However, the transfer of risk of loss and damage occurs upon delivery of the products to the carrier.
ARTICLE 6 – DELIVERY
Delivery times are given as an indication only.
No delay shall justify cancellation of the order nor give rise to penalties or compensation, except with the Seller's written agreement.
The products travel at the Customer's risk and peril, who is responsible for making any reservations with the carrier within the legal time limits (article L133-3 of the Commercial Code).
Under no circumstances can we accept the cancellation of a quote, even if motivated by an exceptional delay.
The following are considered force majeure events, which automatically suspend delivery deadlines: fires, wars, floods, strikes, equipment breakdowns, government restrictions, quotas, etc.
Unless otherwise stipulated, all goods sold, collected from our warehouses, or shipped, travel at the recipient's risk. Products are delivered to the address provided by the customer on the quote. The customer is required to check the condition of the packaging and the goods upon delivery and to note any reservations on the delivery receipt. The customer must then confirm these reservations in writing to the carrier by registered letter with acknowledgment of receipt within 48 hours, sending the letter to the carrier's address (the address indicated on the delivery receipt). Watersport Concept must also be notified by email at the address provided. contact@watersportconcept.com specifying "transport dispute" in the email subject line or by phone at +06 81 29 58 14.
Recipients should only give a release to the last carrier after ensuring that the shipment is complete and in perfect condition.
We provide each of our clients with a shipping quote, which the client may decline if they wish to arrange delivery themselves. If the client requests prepaid shipping, the shipping cost will be invoiced to them under the same payment terms as the goods themselves. Unless otherwise expressly agreed upon by us, shipping costs are always the responsibility of the buyer.
Article 7 – Reception and Complaints
The customer must check the conformity of the products upon receipt.
Any claim regarding apparent defects or non-conformities must be made within 48 hours following receipt, in writing.
No claims will be accepted after this period.
Article 8 - Guarantee
The products benefit from twenty-four (24) month contractual guarantee against any manufacturing defect, from the date of shipment.
The guarantee is limited to replacement or repair of the product recognized as defective, to the exclusion of any other compensation.
The following are excluded from the warranty: damage resulting from abnormal use, improper installation, insufficient maintenance, or unauthorized modification of the product. Used products are not covered by the warranty.
Article 9 – Customization and graphic approvals
Any request to personalize a product (logo application, visual modification, specific colors, technical adaptation, printing on inflatable structures, etc.) must be submitted to a mock-up or proof for printing (BAT) provided by the Seller and signed for validation by the Client.
The Client agrees to carefully check all elements of the mock-up (spelling, positioning, colours, proportions, dimensions, etc.) before signing.
Validation of the BAT is equivalent to final acceptance without reservation.
No claim, modification or credit request can be made after validation of the BAT, whatever the cause.
In the absence of a signed proof, the Seller will execute the order according to the information provided, without being held liable for any errors or differences in output.
Personalized products are not No returns, exchanges, or refunds.
Article 10 - Liability
The Seller shall not be liable for any damage resulting from improper use, unsuitable storage or installation carried out without complying with the technical instructions.
Article 11 – Transfer of Ownership
Unless otherwise stipulated, ownership of our goods will only transfer upon full payment of the price, although the risk of loss or damage to the goods will pass to the buyer as soon as they leave our warehouses. The buyer is obligated to keep our goods in perfect condition and to use them in accordance with their intended purpose. When our goods have been acquired for resale, such resale is permitted only to the extent that the buyer expressly informs the subsequent purchaser of the existence of the retention of title clause stipulated in our favor and makes the subsequent purchaser bear all the consequences thereof.
In the event of resale, the buyer undertakes, at the first request of the seller, to assign all or part of the receivables acquired from the sub-purchasers up to the amount of the sums still owed.
Any return of goods will be at the buyer's expense and risk.
Article 12 – Applicable Law – Jurisdiction
Sales are governed by the French right.
Any dispute relating to their interpretation or execution falls under the jurisdiction of the The exclusive jurisdiction of the Commercial Court of PerpignanEven in the event of multiple defendants or third-party claims, any dispute concerning the application, interpretation, performance, contracts concluded, or payment of the price shall be brought before the Commercial Court of Perpignan, regardless of the place of the order, delivery, payment, or method of payment, and even in the event of a third-party claim or multiple defendants.
In the case of export sales, any dispute arising from the execution of the order shall be definitively settled according to the conciliation and arbitration rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules.
Article 13 - Personal data
The data collected is necessary for order processing.
In accordance with Regulation (EU) 2016/679 (GDPR), the Client has the right to access, rectify, object to and erase their personal data by sending a request to contact@watersportconcept.com.