Terms and conditions of sale and warranties - Legal notices -

PREAMBLE

The detailed general terms and conditions (hereinafter referred to as the "General Conditions") below govern the contractual relationship between any user of the ZEPHYR WING website (hereinafter referred to as a "User" or "You") and the trade name ZEPHYRWING.com owned by the individual business ELLIOT BATAULT, domiciled at 128 boulevard de la Libération 13004 Marseille, and registered with the Commercial Register of MARSEILLE under the number 980429294 RCS Marseille (hereinafter referred to as "Zephyr Wing"). These general terms of sale are the only ones applicable and replace all other conditions, except for prior, express, and written derogation.

These terms of use are part of the contractual agreement for any purchase. ZEPHYR WING may be required to modify some of the provisions of its general terms and conditions from time to time, so it is necessary to reread them before each visit to the ZEPHYRWING.com website (hereinafter referred to as the "Site"). These modifications are binding from the date of their posting and cannot apply to contracts concluded before. Each purchase on the site is governed by the general conditions applicable on the date of the order. We consider that by validating your order, you unconditionally accept our general terms of sale after reading them. By accessing the Site, you agree to comply with the General Conditions of sale.

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PLACING AN ORDER

To place your order, we provide our website at the following address: ZEPHYRWING.com. The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as evidence of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as proof.

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PRODUCT INFORMATION

ZEPHYR WING takes great care in providing information about the essential characteristics of the products, using technical descriptions from its partners and suppliers, and photographs illustrating the products, within the limits of technology and in compliance with the best industry standards.

The product photographs are not contractual."

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PRICES

The selling prices displayed on the Site are in euros and include all taxes for delivery in mainland France but exclude delivery charges. Any delivery charges are indicated to the User before order validation and are billed to them at the end of the order in addition to the price of the selected products. Please note that for the European Union, the price to be paid is in euros with VAT adjusted to the delivery country and is systematically indicated clearly before order confirmation.

For deliveries outside the European Union, orders are invoiced excluding taxes with incoterm DAP (Delivered at Place), which means that all customs and import fees in the destination country are the customer's responsibility. We reserve the right to change our prices at any time, but we commit to apply the rates in effect that were indicated to you on the Site at the time of your order.

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AVAILABILITY

Please note that we will honor your order within the limits of our available stock. In the event that one of the ordered products is not available in our stock, we commit to contacting you by email within 16 days from the date of your order to inform you and indicate when, if possible, the product could be delivered to you.

If some of the ordered products are temporarily unavailable, we commit to sending you the available products and sending the rest of the order at a later time. We may also offer to send you a replacement product of equivalent quality and price if the unavailable product. In case of your refusal, we will proceed with the refund of that product. If you wish to return it to us as specified (cancellation period - satisfaction guaranteed), then the costs will be at your expense.

We deliver from stock without a fixed delivery date. Shipments are at the recipient's risk, who must check the packages upon arrival. In the event of damage or loss during transportation, it is the recipient's responsibility to notify the carrier by registered letter with acknowledgment of receipt within the hours against the carriers in accordance with Articles and of the Commercial Code. If, by exception, delivery times are given, they are only indicative.

In accordance with the law of May 12, 1980, ZEPHYR WING retains full ownership of the goods delivered until full payment is made. In case of non-compliance with one of the payment deadlines, we reserve the right to demand immediate payment of the debt, demand the return of the goods, or suspend deliveries and demand late payment interest.

In the event of a dispute, only French law applies, and the Commercial Court of Aix-en-Provence has exclusive jurisdiction, even in the case of a warranty appeal or multiple defendants.

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DELIVERY METHOD

The ownership of the goods sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration are the responsibility of the buyer as soon as the order is accepted by the seller.

 

DELIVERY ZONES AND SHIPPING COSTS:

Products purchased on the Site can be delivered worldwide. Shipping costs depend on the delivery country. Please contact us for a shipping cost estimate.

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DEPOT WITHDRAWAL:

Customers who wish can pick up their orders directly from the Martigues depot. By selecting this option, no shipping costs are billed.

The customer undertakes to collect their order within three months from the availability of the last product, by contacting us through the contact form.

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DELIVERY TIMES:

ZEPHYR WING makes every effort to meet the delivery times stated on the Site.

However, we cannot be held responsible for the consequences of a delayed delivery or loss of a package caused by a third party to the transport contract, or by your actions, or due to an unforeseeable and insurmountable cause constituting a force majeure event.

In the event of non-receipt of a package, an investigation is conducted with the carrier and can take several days. During this period, no refund or reshipment can be made.

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RECEIVING YOUR ORDER:

We work with various service providers to ship your products based on their type and the desired delivery area.

For most of them, the receiving procedure is simple.

You receive your package, check the integrity and conformity of your products with your order. In case of any issues, you can contact us via our contact form.

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RIGHT OF WITHDRAWAL. SATISFACTION OR REFUND.

You have a withdrawal period of 14 days (as provided by Article L 121-20-12 of the Consumer Code) to return a product that does not meet your satisfaction. This right of withdrawal is exercised without penalty, except for shipping costs. Within this period, you can return the product, at your own cost, along with your invoice and the return form duly completed and signed.

We appreciate you returning the merchandise by registered or tracked mail and taking out insurance with the carrier for the market value of the products. This is especially necessary in case of theft or loss of the merchandise by their services. In all cases, the return is at the consumer's expense.

This right of return can only be accepted for products in their original and complete condition (packaging, accessories, instructions, etc.), in perfect condition and unused. Incomplete, used, damaged, or soiled items returned by the customer will not be accepted.

The timeframes mentioned above run from the day of receiving the order.

In case of a refund:

• If the product is returned within 14 days (as evidenced by the postmark) from its delivery to you, ZEPHYR WING will refund you in cash, by bank transfer.

• In case of product inspection under the right of withdrawal, ZEPHYR WING will do its utmost to refund the User as quickly as possible. This timeframe will depend on the technical tests performed by the ZEPHYR WING customer service on your equipment.

We request you to contact us through the contact form BEFORE returning the product to obtain the return form to include in the package.

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RIGHT OF RETURN

Unless a specific customization request is made, you have a 7-day period starting from the day after receiving your package to inform us via our contact form of your intention to return the product. From the date of the return request, you have 15 days to return the product. This condition does not apply in the case of a return due to defect or non-conformity. A prior request to our customer service through the contact form must be made. Return costs are borne by the consumer. We will then refund the full amount within 14 days. In case of a hidden defect, you have the choice to cancel the order or keep the product with a price reduction after a prior request to our customer service. In case of product return for a standard exchange or an upgrade, return costs are borne by the customer. Orders for boards are non-cancelable and non-refundable. For any return, you must send the package(s) back by post (or another carrier). Please note that shipping costs to return the product are at the customer's expense unless the product is non-conforming.

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WARRANTY:

We guarantee ZEPHYR WING products against any major defects in materials and manufacturing for the primary buyer for a minimum period of twelve (12) months from the purchase date. Depending on the products, this warranty can be for 24 months.

The specific warranty conditions and normal usage conditions are detailed in the product instructions, available in the "User Manual" tab or on request by email.

This warranty is subject to the limits outlined below:

• The warranty is only valid for the initial buyer and if the product is used in the normal usage conditions specified in the product user manual. It cannot be applied if the user's weight exceeds the maximum weight specified in the product user manual. The warranty does not cover products used for rental or educational purposes. The warranty does not cover breakage due to jumps or freestyle maneuvers.

• ZEPHYR WING will perform a final evaluation of the warranty, which sometimes requires a visual inspection and/or photos of the equipment clearly demonstrating the defects.

• If a product is deemed defective by ZEPHYR WING, the warranty covers the repair or replacement of the defective product only.

ZEPHYR WING will not be held responsible for any costs, losses, or injuries caused by a faulty or non-functioning product. This warranty does not cover injuries caused by improper use, abuse, negligence, or normal wear and tear, such as (but not limited to): damage related to poor care or storage, damage caused by use in waves greater than 0.5m or on shore breaks, damage caused by use in unsafe conditions, damage caused by use in shallow water, damage resulting from third-party liability or intentional fault, damage other than those related to materials and manufacturing, damage caused by jumps.

This warranty is void if any unauthorized repair has been performed, as well as any technical modification to any part of the equipment. The purchase invoice must accompany any warranty claim. The name of the retailer and the purchase date must be clear and legible. No warranty extends or enlarges the warranties specified in this text. This warranty does not preclude the enforcement of the legal warranty for hidden defects pursuant to Articles 1641 et seq. of the Civil Code.

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USER SAFETY:

The use of ZEPHYR WING equipment carries certain risks and can cause serious accidents. Therefore, it is strongly recommended to undergo prior training at a specialized school before the first use of the equipment. Before practicing, ensure that you have insurance covering your civil liability for wingfoiling and sufficient coverage for personal bodily injury risks.

The FFVL license includes insurance; check on www.ffvl.fr or http://www.ffvoile.fr.

In addition, wearing an approved life jacket and helmet is strongly recommended. Good physical condition is recommended during sports practice. ZEPHYR WING cannot be held responsible for injuries or damages to the user during the use of ZEPHYR WING products.

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DISPUTES AND LIABILITY:

ZEPHYR WING cannot be held responsible for the non-performance of the contract concluded, either in the case of force majeure, as defined by the courts, or in the case of the customer's fault or due to the unforeseeable and insurmountable action of a third party to the contract. ZEPHYR WING cannot be held responsible for the consequences of the misuse of the products sold on the Site.

Although our products have performance compatible with professional use, ZEPHYR WING is not intended to sell to professionals.

The danger of the sports practiced depends largely on the respect of basic safety rules, priorities, and local regulations in effect at the spots.

It is the responsibility of each user of ZEPHYR WING products to ensure that they are at least covered by liability insurance, if necessary by subscribing to a sports license.

The maintenance, use, and safety rules are detailed in the user manual provided with each product. It can also be downloaded from the following link or on the ZEPHYRWING.com website. The user manual is an integral part of this contract and constitutes a full annex. You acknowledge that you have carefully read it.

Wingfoiling presents specific dangers. Apart from what is mentioned in the product user manual, it is imperative to observe a few simple rules:

• Wear an approved life jacket and a helmet. Foils have blunt areas essential for their proper operation but can pose a real danger in the event of an impact. You are the most exposed to this risk as a practitioner on the equipment. Therefore, you should protect yourself accordingly with suitable and certified protective gear. You should also protect yourself by never putting yourself in a risky situation. Your behavior determines your risk.

• Only practice in spots suitable for the activity (safe launch, no shorebreak, regular seabed, wind direction suitable for wind conditions, etc.), and not frequented by practitioners of other water sports. The speeds of a foil require practicing alone or with other foilers to navigate in an environment where everyone is consciously anticipating the trajectories of others.

• Strictly observe the priority rules, especially since the inertia and maneuverability are different from traditional watercraft, especially for beginners. Courtesy and a sense of responsibility must be part of your practice to avoid any deviant behavior that could contribute to an accident.

• Pay attention to other practitioners, and in general to all users of the water, even if they are not a priority in the area where you are practicing (they may underestimate your speed and your danger zone, among other things). Never practice near children or those not initiated to this sport because their reactions could be completely unpredictable. Your responsibility would be fully engaged. ZEPHYR WING is doing everything possible to alert you to the risks and explain the recommended practice framework. You cannot ignore these instructions as it would put you and others in danger, as well as the ZEPHYR WING brand image, which is a responsible company.

• Pay attention to water depth, as the presence of a several centimeter-long appendage under a beach equipment is a new factor for many practitioners, even those initiated into water sports. Damage due to support or impact in the seabed is not covered by the warranty.

• Maintain and regularly check your equipment and make no technical modification to your equipment other than products and solutions marketed by ZEPHYR WING. Never sharpen the trailing edges as they would become sharp for you and for the leash, which would no longer hold the wing!

• It is highly recommended to begin practicing with a foil in an adapted educational environment, in an approved club or school, allowing you to gain a sufficient level of autonomy and a real awareness of the challenges of foil practice.

To prevent accidents with third parties, it is recalled that the navigation speed within the 300m zone, unless otherwise stated, is limited to 5 knots. To navigate safely, it is advisable to sail beyond this zone.

The depth of the fins is significant, so it is advisable to sail in areas with few swimmers.

 

The ZEPHYR WING equipment placed on the sand (during a break or assembly) can pose a risk to third parties. It is the user's responsibility to take measures to minimize this risk.

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ZEPHYR WING cannot be held responsible for any damages caused to third parties.

 

PROTECTION OF PERSONAL DATA

Collection of personal data

The personal data collected on this website (or "Platform") include the following:

Creation of a user account, ordering on the Site, signing up for the newsletter:

The information you provide is essential for the processing and delivery of orders, the issuance of invoices, and warranty contracts. Failure to provide this information will result in the cancellation of your order. By registering on the Site, you commit to providing us with sincere and accurate information about yourself. Providing false information is contrary to these general conditions and the terms of use found on the Site.

If you have agreed during your registration on the Site, you will receive promotional emails offering you updates, clearance offers, exclusives, and special deals.

Your personal data are stored in our customer database and may be updated during future contacts. To have your personal data modified or deleted from our database, you can contact us via our contact form. Your data is accessible to our management, human resources, and sales departments. They are transferred to our subcontractors only for hosting purposes and are not shared with partners or clients without your authorization.

Submitting a resume or responding to a job offer via our website or sending a spontaneous application:

Your personal data are stored in our candidate database and may be updated during future contacts. If your application is not selected after an initial round of contacts, we still retain your information in case it may be useful to us in the future, especially based on market developments and our clients' needs. To have your personal data modified or deleted from our candidate database, you can contact us via our contact form. Your data is accessible to our management, human resources, and sales departments. They are transferred to our subcontractors only for hosting purposes and are not shared with partners or clients without your authorization.

Using a contact form on our websites to get in touch with us, or contacting ZEPHYR WING via email for professional reasons:

Your contact information is stored in our contact database, and you may receive emails from us. Your contact information is kept as long as it is relevant to our business and may be updated in case of future contact. To have your personal data modified or deleted from our contact database, you can contact us via our contact form. Your data is accessible to our management and sales department. They are transferred only to our subcontractors for hosting and sending emails on our behalf. In case of mass emailings, you can unsubscribe at any time by clicking on "unsubscribe" at the bottom of the email.

Social media:

When you use the links on our site to communicate with social media platforms, you may send personal data to platforms external to ZEPHYR WING. This is done entirely at your own risk, and ZEPHYR WING cannot be held responsible for the use of your personal data on these platforms. We recommend consulting the data protection notices of these platforms before using them.

Cookies:

A cookie is a small file, often anonymous, containing data, including a unique identifier, sent by a website's server to your browser and stored on your computer's hard drive.

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Browser cookie settings:

You can configure your browser to accept all cookies sent by the sites you visit, reject all cookies systematically, or prompt you on each occasion whether you wish to accept them or not. As each browser is different, we recommend consulting your browser's help section to learn more about how to configure cookie acceptance.

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Use of personal data

The personal data collected from users are intended for providing the services of the Platform, improving them, and maintaining a secure environment.

They are kept for a duration of 5 (five) years from the deletion of the account, the last action performed on it, or the last purchase, unless a shorter retention period is specified for certain data, particularly cookies and banking data, collected directly or by a subcontractor.

More specifically, the uses are as follows:

• Access and use of the Platform by the user.

• Management of the operation and optimization of the Platform.

• Organization of the terms of use of payment services.

• Verification, identification, and authentication of data provided by the user.

• Offering the user the ability to communicate with other users of the Platform.

• Providing user assistance.

• Personalizing services by displaying ads based on the user's browsing history and preferences.

• Preventing and detecting fraud, malware (malicious software), and managing security incidents.

• Handling potential disputes with users.

• Sending commercial and advertising information based on user preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, the Platform is in contact with third-party banking and financial companies with which it has contracts.

• When the user publishes information in the free comment areas of the Platform that is accessible to the public.

• When the user authorizes a third-party website to access their data.

• When the Platform uses service providers to provide user support, advertising, and payment services. These service providers have limited access to user data as part of their service execution and have a contractual obligation to use them in accordance with the provisions of applicable data protection regulations.

• If required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures.

• If the Platform is involved in a merger, acquisition, asset sale, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before their personal data is transferred to a third party.

Security and confidentiality

The Platform implements organizational, technical, software, and physical measures for digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Platform cannot guarantee the security of information transmission or storage on the internet.

Implementation of user rights

In accordance with the applicable data protection regulations, users have the following rights:

• They can update or delete their data by logging into their account and configuring their account settings.

• They can delete their account by contacting ZEPHYR WING via the contact form. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the Platform even after the account is deleted.

• They can exercise their right of access to know the personal data concerning them by requesting this information through the contact form. In this case, before implementing this right, the Platform may request proof of the user's identity to verify its accuracy.

• If the personal data held by the Platform are inaccurate, users can request the information to be updated by contacting ZEPHYR WING via the contact form.

• Users can request the deletion of their personal data in accordance with applicable data protection laws by contacting ZEPHYR WING via the contact form.

Evolution of this clause

The Platform reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the Platform commits to publishing the new version on its website. The Platform will also inform users of the modification via email, with a minimum notice of 15 days before the effective date. If the user disagrees with the terms of the new version of the personal data protection clause, they have the option to delete their account.

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·         PRICES - PAYMENT

Prices may be modified without prior notice. Items are always invoiced at the rate in effect at the time of delivery. Payment is due immediately upon ordering, including for pre-order items. In the case of late payment, penalties will be calculated based on three times the current legal interest rate in France. In accordance with articles 441-6c and 441-5c, any late payment automatically obliges the debtor to pay a flat-rate indemnity of €40 for collection costs.

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·         DISCLAIMER AGREEMENT

In consideration of the purchase and/or use of a ZEPHYR WING product, you acknowledge having read and understood the information, instructions, and risks related to water sports, and you accept the following terms of this contract, to the maximum extent permitted by law, namely:

To waive all current and future claims against ZEPHYR WING or any of its agents, resulting from the use of this product and any of its components.

To release ZEPHYR WING or any of its agents from any liability for loss, damages, injuries, or expenses that you, a family member, or any other user of this product may have to bear, arising from the use of this product, regardless of the cause, including negligence or breach of this contract by ZEPHYR WING or any of its agents, regarding the design or manufacture of this product.

In the event of the death or disability of the buyer, this agreement will remain effective and enforceable for their heirs, family members, executors, administrators, successors, and representatives. By using the ZEPHYR WING product, you assume and accept all known and unknown risks of injury that may be inflicted upon you or that you may inflict on a third party when using this equipment. The risks associated with this sport can be significantly reduced by following safety and usage instructions and using common sense.

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·         LEGAL NOTICE

Sole Proprietorship

Elliot Batault

128 Boulevard de la Libération

13004 Marseille

Siret: 98042929400013

RCS Number: RCS 528 012 552

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