GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS – INTERNET
Into effect on 01/01/2017

ITEM 1 – SCOPE OF APPLICATION

The current general sales conditions présentes (as « GSC ») shall apply, without restriction or reservation, to all sales concluded by the vendor to non-professional buyers (« The Customers or the Customer »), willing to purchase the products that are proposed for sale (« The Products ») by the vendor on the web site www.ozen-sport.com . The products proposed for sale on the web site are the following :
• Material and Accessories intended for the practice of nautical sports : (Stand Up Paddle Boards, Nautical equipment, Repair accessories).

The main characteristics of the Products in particular specifications, illustrations, and indications of dimensions or Products capacity are displayed on the website www.ozen-sport.com. The Customer is compelled to acknowledge them before ordering. The choice and the purchase of a product remain the sole responsibility of the Customer. The products are offered while stocks are available, specified when the order is placed. These CGV are accessible at any time on the website www.ozen-sport.com and will prevail over any other document. The Customer agrees to have read and understood the present CGV and have accepted them by ticking the box provided to that effect before implementing the online ordering procedure of the website www.ozen-sport.com. Unless proof of the contrary, the data recorded in the Vendor computer system constitutes the proof of all transactions concluded with the Customer.

The Vendor coordinates are the following :

MOOVING SARL
Share Capital of 45 734,71 euros
Registered at the RCS of Manosque, under the number 343 208 948
1264 Avenue de Traversetolo 04 700 ORAISON
mail: info@lozen-sport.com
telephone : 04 92 79 77 03
European VTA Number FR 83343208948

The products appearing on the Website www.lozen-sport.com are offered for sale on the following territories: Germany, Belgium, Croatia, Denmark, Spain, Finland, France, Greece, Ireland, Italy

For orders to a country other than metropolitan France, The Customer is the importer of the product or products concerned.
For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Some customs and excise taxes, as well as other local taxes or import taxes, may be due. These duties and taxes are to be paid by the customer, who is entirely responsible.

ITEM 2 – PRICE

The products are supplied at the prevailing rates on the Website www.lozen-sport.com , when the order is placed with the vendor. The prices are in Euros, without and with taxes. The prices take into account possible reductions granted by the vendor on the Website www.lozen-sport.com. These rates are firm and not subject to alteration during their validity period, but the Vendor reserves the right, outside the validity period, to modify the prices at any time. The indicated prices don’t include the processing of the orders, dispatch, transport, and delivery, that are invoiced as an extra, pursuant to the conditions indicated on the website and calculated beforehand at the time the order is placed. The payment required from the Customer shall be the total amount of the purchase, including these charges. The Seller renders an invoice to the Customer at the time of delivery of the ordered products.

ITEM 3 – ORDERS

It is the Customer’s responsibility to use the site www.lozen-sport.com to select the products he would like to order from the online catalog, with the following rules: The Customer selects a Product and puts it in the basket, Product that can be deleted or modified.
Product offers are valid as long as they are visible on the website, while stocks are available. The sale shall be considered as confirmed only after full payment of the purchase. It is the responsibility of the client to verify the accuracy of the order and report immediately any discrepancy. Any order placed on the Website www.lozen-sport.com constitutes a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse the current customer order with a Customer who may be involved in a dispute concerning the payment of all or part of a previous order.

ITEM 4 – PAYMENT TERMS

The price is paid by means of secured payment, under the following rules :
• credit card Payment
• or payment by wire transfer on the vendor’s bank account (whose contact details are provided to the Customer during the placing of the order). The price of the order is due to the Customer, in full on the day the order is made. The payment data are exchanged in an encrypted mode using the protocol defined by the authorized payment service provider Stripe conducting the bank transactions conducted on the website www.lozen-sport.com. The payments made by the Customer may not be considered as final until the vendor has collected the sums owed. The Vendor will not be bound to proceed to the delivery of the Products the Customer ordered if this one has not paid the price in full under the conditions set forth above.

ITEM 5 – DELIVERIES

the products ordered by the Customer shall be delivered in metropolitan France or in the following areas :
Germany, Belgium, Croatia, Denmark, Spain, Finland, France, Greece, Italy, Luxembourg. Deliveries take 4 days for a delivery in France (metropolitan), and 7 days for delivery to the foreign address given by the client when the order was placed on the website.

The delivery consists of the transfer to the Customer of the physical possession of the good or control of the product. Except in exceptional circumstances or in the event that one or several items are temporarily unavailable, the products ordered will be delivered in one go.
The Vendor undertakes to do his utmost to dispatch the products ordered by the Customer within the periods referred to above. However, these time limits are communicated for indicative purposes. If the Products ordered have not been delivered within 7 days after the indicative stated delivery date, for any reason other than force majeure or the Customer’s doing, the sale may be canceled upon the request of the Customer in writing under the conditions provided for in Articles L 216-2, L 216-3 et L241-4 of the French “Code de la consommation”. The amounts paid by the Customer shall then be returned to the latter by bank transfer within at most fourteen days following the denunciation of the contract, without any compensation or withholding.
Deliveries are provided by an independent carrier, to the address mentioned by the Customer at the time of ordering and to which the carrier will get easy access. When the Customer undertook to call upon his own carrier for delivery, the delivery will be deemed to have taken place as soon as the ordered Products have been given by the vendor to the carrier who accepted them unreservedly. The Customer, therefore, recognizes that it is the liability of the carrier to ensure delivery and has no right of recourse in guarantee against the Vendor in case of delivery default of the transported goods. In case the Customer makes special demands relating to packaging requirements or transportation of the ordered Products, duly accepted in writing by the Vendor, the related costs will be subject to a specific additional invoicing, upon estimate priorly accepted in writing by the Customer. The client is required to check the products delivered. The client has 7 days from the date of delivery to make a claim in writing to following e-mail address: info@lozen-sport.com , with all the supporting relevant documents required (in particular photos). After this deadline and having failed to comply with these formalities, the goods will be certified compliant and free from any visible defect and no claim will be validly accepted by the Vendor.

The Vendor will refund or replace as quickly as possible and at its own cost, the delivered products which apparent malfunction or non conformity will have been proved by the Customer, under the conditions provided for in Articles L 217-4 and following of the French “Code de la consommation” and those provided for herein the present GSC. The related transfer of loss and deterioration will only be completed when the Customer will take physical possession of the Products. The products travel to the risks and dangers of the Vendor except when the Customer himself has chosen the carrier. In light of this, the risks shall be transferred to the Customer when the goods were handed over to the carrier.

ITEM 6 – OWNERSHIP TRANSFER

The transfer of ownership of the products from the Vendor will be effective only after full payment of the price by the Customer, and this regardless of the date of delivery of such product.

ITEM 7 – WITHDRAWAL RIGHT

According to the conditions set out in Article L221-18 of the French “Code de la Consommation” The Customer shall have a period of fourteen days to exercise its right of withdrawal from a distance contract, through telephone solicitation or off-premises, without having to give any reasons or incurring any expenses or allowances other than those provided for in articles L. 221-23 to L. 221-25. The period of time referred to in the first paragraph runs from the day : 1° The conclusion of the contract, for a service contract and those mentioned in Article L. 221-4 ; 2° From reception of the Products by the Customer or a third person, other than the carrier, designated by him, for the contracts for sale of goods. For contracts concluded off-premises, the Customer can exercise its right of withdrawal from the conclusion of the contract. In the case of an order for several items delivered separately or in the case of an order for a good made up of several parts or pieces when the delivery is scheduled upon a definite period, the withdrawal period shall begin from the day the last parts or pieces have been received. For contracts planning the regular delivery of goods upon a definite period, the withdrawal period shall begin from the day the first goods have been received. The withdrawal right can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the willingness to withdraw and in particular via regular postal mail sent to the Vendor to its postal coordinates or e-mail referred to in ARTICLE 1 of the GSC. Returns must be sent in their original state and in full (packaging, accessories, manual…) for their remarketing in new condition, accompanied by a copy of the original invoice. Products returned incomplete, damaged or dirty will not be taken back. the return cost will be at the client’s expense. The exchange (subject to availability) or refund will be made within FOURTEEN days from Vendor’s reception of the items sent back by the Customer under the terms and conditions specified in this article.

ITEM 8 – VENDOR RESPONSIBILITY / GUARANTEES

The Products provided by the Vendor benefit :

• a legal warranty of conformity, for the goods faulty, spoiled or damaged or which do not correspond to the order
• the legal guarantee against hidden defects originating in a defect in design, materials or execution affecting the Products delivered and rendering these unfit for use, statutory provisions on legal guarantees
Article L217-4 of the French “Code de la consommation”
« the seller must deliver goods which are in conformity with the sales contract and is to be liable for any lack of conformity in the goods at the time when they are delivered. He is also held liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation when these have been made his responsibility by the contractor have been produced under his responsibility. »
Article L217-5 of the French “Code de la consommation”

« The goods sold conformed with the contract of sale :

1° If it is appropriate for the use normally expected for such an article and, where appropriate : – comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model ; – have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or on labeling; 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer, made known to the seller and which the latter agreed to. » Article L217-12 of the French “Code de la consommation” « Action resulting from defects in conformity lapses after two years from the date of delivery of the good. » Article 1641 of the French “Code civil”.
« The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. » Article 1648 paragraph 1er of the French “Code civil” « The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice. » Article L217-16 from the French “Code de la consommation”.
« When the buyer asks from the Vendor, during the course of the commercial guarantee that was granted to him at the time of the acquisition or the repair of the goods, a rehabilitation under guarantee, any immobilization period of at least seven days will be added to the warranty’s still remaining term. This period is counted from the date of intervention demanded by the buyer or when the object in question has been made available for repair if such date is later than the date on which the notification was received. » In order to preserve its rights, the buyer shall inform the Vendor, in writing (by post or e-mail), of non-conforming Products or the existence of any hidden defects as soon as they are discovered. The Vendor will refund, replace or repair the Products or parts under guarantee deemed to be non-compliant or defective.

The postal charges will be reimbursed on the basis of the prices billed and the fee of return will be reimbursed upon presentation of the appropriate supporting documents. The refund, replacement or repair of the Products deemed to be non-compliant or defective will be made as soon as possible and within a maximum period of 30 days following the consumer’s discovery of the non-compliant or defective good. The reimbursement may be paid by means of a transfer of funds or cheque. The Vendor cannot be held liable in the following cases :
• non-respect of the regulations in force in the country of delivery and it is the Buyer’s obligation to check such regulations,
• in case of bad use, negligence or lack of maintenance from the Buyer, as well as in case of normal wear, accidents or in the case of force majeure.
• Photographs and graphics associated with the products presented on the Website do not have any contractual value and cannot involve the Seller’s responsibility whatsoever. The seller’s liability is, in any event, limited at all times to the replacement or refund of non-compliant or faulty products.

ITEM 9 – INFORMATION TECHNOLOGY AND FREEDOM

in accordance with the law 78-17 of January 6 1978, you are reminded that personal data requested from the Customer is required to process orders and drawing up invoices, in particular.
These data may be eventually transmitted to eventual partners of the Vendor responsible for the processing, the treatment, the management and the payment of the orders. The treatment of the data received through the website www.lozen-sport.com has been the object of a declaration to the CNIL (Commission Nationale de l’Informatique) , numéro 2038548 v 0. The Customer has the right, according to national and European regulations currently in force, to permanently access, modify, correct, or oppose information that concerns him.

This right may be exercised in the manner prescribed in the section “legal notices” of the Website www.lozen-sport.com

ITEM 10 – INTELLECTUAL PROPERTY

the website content www.lozen-sport.com is the exclusive property of the Vendor, his partners and is protected by French and international copyright laws concerning intellectual property and copyright. Any full or partial reproduction of the contents of this website by any process whatsoever is forbidden and may constitute an infringement of trademark rights.

ITEM 11 – APPLICABLE LAW – LANGUAGE

These GSC and any operations directly arising therefrom shall be subject to French law.
These general conditions of utilization, are written in French. If they are translated into one or more other languages, only the French text would prevail in the event of a dispute.

ITEM 12 – LITIGATION

For any claim, please contact the client service department by post or e-mail at the vendor address indicated in ITEM 1 of these GSC. The Customer is informed, in any case, that he may resort to conventional mediation, through the existing dispute sectoral mediation system or any other formal dispute resolution process (conciliation, for example) in the event of a dispute.
The Customer is also informed that he may resort to online conflict-resolution mechanisms (RLL) :https://webgate.ec.europa.eu/odrimain/index.cfm?event=main.home.show All disputes that sales transactions conclude pursuant to these GSC and not being settled by mutual agreement between the Vendor and the Customer or by mediation, will be subject to the competent courts under conditions of ordinary law.

WITHDRAWAL FORM
This signed and completed form must be returned only if you wish to withdraw from the order placed on www.lozen-sport.com except for exclusions or limitation of the exercise of the right of withdrawal following the applicable General Terms and Conditions of Sales.

Download the form