Terms and Conditions of Sale

Definitions

These General Terms and Conditions of Sale (hereinafter the “GTCs”) are offered by MANUSURF (hereinafter the “Company”), a French simplified single-member joint-stock company (SASU) with share capital of €1,000, registered with the La Roche-sur-Yon Trade and Companies Register under number 834229856, represented by Emmanuel DE SURIREY DE SAINT REMY, whose registered office is located at 135 rue des Terres Noires – 85560 LE BERNARD.

Its email address is [email protected].

The Company owns and publishes the Manusurf – Longeville-sur-Mer in Vendée (France) website (hereinafter the “Website”). The Website is hosted on a server operated by bw, Vultr Holdings, LLC • 93300 Aubervilliers • France • vultr.com.

The Website gives the Customer (hereinafter the “Customer”) the option to purchase (hereinafter the “Products/Services”).

Before using the Website, the Customer must ensure that they have the technical and IT resources required to use the Website and order Services and Products through it, and that their browser provides secure access to the Website. The Customer must also ensure that the IT configuration of their hardware/equipment is in good working order and free of viruses.

Application and Enforceability of the General Terms and Conditions of Sale

These GTCs are intended to define all the conditions under which the Company markets the Products and/or Services offered for sale to Customers on the Website. They therefore apply to all orders (hereinafter an “Order”) for Products and/or Services placed by the Customer through the Website.

The Customer declares that they have read and accepted these GTCs before placing an Order.

Validation of the Order therefore constitutes acceptance of these GTCs. They are updated regularly, and the applicable GTCs are those in force on the Website on the date the Order is placed.

Any contrary condition stipulated by the Customer will therefore, unless expressly accepted, not be enforceable against the Company, regardless of when it may have been brought to the Company’s attention.

The Company’s failure at any time to invoke any provision of these GTCs may not be interpreted as a waiver of its right to invoke that provision at a later date.

Ordering Products/Services on the Website

The Company reserves the right to correct the content of the Website at any time.

On the product page, the Customer can find the period during which, or the date until which, spare parts essential to the use of the product are available on the market.

Products and/or Services offered for sale are described and presented as accurately as possible. Nevertheless, a slight variation in the color of one or more products does not incur the Company’s liability and does not affect the validity of the sale.

The Customer selects the Product(s) and/or Service(s) they wish to purchase and may access a summary of their Order at any time.

The Order summary presents the list of Product(s) and/or Service(s) selected by the Customer and includes any additional costs, such as delivery charges, added to the price of the Product(s) and/or Service(s) in the Order. The Customer may amend the Order and correct any errors before accepting it.

After accessing the Order summary, the Customer confirms acceptance of the Order by checking the box accepting the GTCs and then clicking the Order confirmation icon. The words “Order with obligation to pay”, or a similarly unambiguous statement, appear next to the Order confirmation icon to ensure that the Customer expressly acknowledges the obligation to pay for the Order.

Once the GTCs have been accepted and the Order with obligation to pay has been confirmed, the contract is validly entered into between the Company and the Customer and is irrevocably binding on both parties.

After confirming the Order and in order to make payment, the Customer enters the address to which they wish the product(s) to be delivered and/or the service(s) to be supplied, as well as a billing address if different. The process for delivery of the product(s) and supply of the service(s) is described in Article 5 of these GTCs.

The Company then sends the Customer an Order confirmation by email, setting out the information in the Order summary and the delivery and, where applicable, billing addresses provided.

After confirming the delivery and, where applicable, billing details, the Customer pays for the Order in accordance with the terms set out below.

Prices and Payment Terms for Orders

Prices are shown on the Website in the descriptions of the Products and/or Services, in euros, both excluding and including all taxes.

The total amount is shown in the Order summary before the Customer accepts these GTCs, confirms the Order, enters and confirms the delivery and, where applicable, billing details, and makes payment. The total amount is shown inclusive of all taxes.

Orders for Products and/or Services placed through the Website are payable in euros. Full payment must be made by the Customer by bank card on the date of the Order, unless specific terms of sale have been expressly accepted by the Customer and the Company.

For bank-card payments, the Website uses the security system of , a provider specializing in secure online payments. This system guarantees the complete confidentiality of the Customer’s banking information. The bank-card transaction between the Customer and the secure system is fully encrypted and protected. The Customer’s bank details are not stored electronically by the Company. The terms and conditions of use of are available at the following address: .

The Customer warrants to the Company that they have the necessary authorization to use the chosen payment method when placing the Order.

The Company reserves the right to suspend or cancel the performance and/or delivery of any Order, regardless of its nature or stage of performance, in the event of non-payment or partial payment of any amount owed by the Customer to the Company, a payment incident, or fraud or attempted fraud relating to the use of the Website or payment for an Order.

Use of Services/Delivery

Product(s) offered on the Website may be delivered within mainland France. Service(s) are automatically supplied to the Customer once the Order has been confirmed.

The Company undertakes to deliver the product(s) within a period not exceeding from the date of the Order. The Customer must ensure that the information provided when placing the Order is correct.

The Customer is informed by email when the Order is ready for dispatch. The ordered product(s) are delivered to the delivery address provided by the Customer when placing the Order, under the conditions set out in Article 3 of these GTCs.

The Customer must ensure that the information provided is correct and remains correct until the ordered product(s) have been delivered in full. The Customer therefore undertakes to inform the Company without delay of any change to billing and/or delivery details occurring between the Order and delivery, by emailing customer service. Failing this, in the event of a delay and/or delivery error, the Customer may under no circumstances hold the Company liable for non-delivery, and the Company’s customer service team will contact the Customer to arrange a second delivery at the Customer’s expense.

The Company will also not be liable where failure to receive the Products and/or Services is caused by a third party outside its control or by theft.

If the Order is returned because the Customer was absent, the Company’s customer service team will contact the Customer to arrange a second delivery at the Customer’s expense.

The Customer may track delivery of the Order by contacting customer service using the number provided in Article 6 of these GTCs.

Customer Service

For any request for information or clarification, or any complaint, the Customer should first contact the Company’s customer service department so that it can attempt to find a solution to the problem.

The Company’s customer service department can be reached from using the following contact details:

Legal and Commercial Warranties

All products offered by the Company are covered by the statutory warranty of conformity provided by law, including Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and by the warranty against latent defects provided by Articles 1641 and 1648, first paragraph, of the French Civil Code:

A non-conforming product will be replaced or repaired in accordance with the cost arrangements set out in the French Consumer Code.

The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

Accordingly, the Customer:

(i) has a period of two (2) years from delivery of the product to bring a claim for lack of conformity;
(ii) is not required to prove the existence of the lack of conformity during the ten (10) months following delivery of the product;
(iii) may choose between repair and replacement of the product, subject to the cost conditions provided by Article L.217-9 of the French Consumer Code.

In addition, the Customer may also invoke the statutory warranty against latent defects in the item sold, within the meaning of Articles 1641 et seq. of the French Civil Code. The statutory warranty against latent defects allows the Customer, within two years of discovering the defect, to obtain a refund for a Product found to be unfit for its intended use.

The warranty against latent defects protects the Customer against hidden defects in the purchased product that prevent its use or impair it to such an extent that the Customer would not have purchased it.

The Customer may then choose between two options: keep the product and request a reduction in price, or return the product and request a refund of the price paid, in accordance with Article 1644 of the French Civil Code.

The following statutory provisions are recalled:

Article L217-4 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

Article L217-5 of the French Consumer Code: “Goods conform to the contract: 1° If they are fit for the use normally expected of similar goods and, where applicable, (a) if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model; (b) if they possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.”

Article L217-7 of the French Consumer Code: “Any lack of conformity appearing within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”

Article L217-8 of the French Consumer Code: “The buyer is entitled to require that the goods conform to the contract. However, the buyer may not challenge conformity by invoking a defect that the buyer knew of or could not have been unaware of when entering into the contract. The same applies where the defect originates in materials supplied by the buyer.”

Article L217-9 of the French Consumer Code: “In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may decline the buyer’s choice if it entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller must then proceed with the option not chosen by the buyer, unless this is impossible.”

Article L217-10 of the French Consumer Code: “If repair and replacement are impossible, the buyer may return the goods and obtain a refund, or keep the goods and obtain a partial refund. The buyer has the same option: 1° If the solution requested, proposed or agreed under Article L.217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if that solution cannot be implemented without major inconvenience to the buyer, having regard to the nature of the goods and the intended use. However, the sale may not be rescinded if the lack of conformity is minor.”

Article L217-11 of the French Consumer Code: “The provisions of Articles L.217-9 and L.217-10 shall be applied at no cost to the buyer. These provisions do not preclude the award of damages.”

Article L217-12 of the French Consumer Code: “An action arising from a lack of conformity is subject to a limitation period of two years from delivery of the goods.”

Article L217-13 of the French Consumer Code: “The provisions of this section do not deprive the buyer of the right to bring an action arising from redhibitory defects under Articles 1641 to 1649 of the French Civil Code, or any other contractual or non-contractual action available to the buyer by law.”

Article 1641 of the French Civil Code: “The seller is bound by the warranty against latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had the buyer known of them.”

Article 1642 of the French Civil Code: “The seller is not liable for apparent defects of which the buyer could have satisfied themselves.”

Article 1643 of the French Civil Code: “The seller is liable for latent defects even if unaware of them, unless the seller has stipulated that no warranty shall apply in such a case.”

Article 1644 of the French Civil Code: “In the cases provided by Articles 1641 and 1643, the buyer may choose to return the item and obtain a refund of the price, or retain the item and obtain a partial refund.”

Article 1646 of the French Civil Code: “If the seller was unaware of the defects in the item, the seller shall only be required to refund the price and reimburse the buyer for the expenses incurred by the sale.”

Article 1648 of the French Civil Code: “An action arising from redhibitory defects must be brought by the buyer within two years of discovering the defect. (…)”

If a Customer believes that they have received a defective or non-conforming product, they must contact the Company as soon as possible after receipt of the Order, by email at [email protected] or by registered letter with acknowledgment of receipt sent to 135 rue des Terres Noires – 85560 LE BERNARD, specifying the defect or non-conformity concerned.

The Customer must provide all supporting evidence regarding the nature of the apparent defects and/or anomalies observed. The Customer must allow the Company every opportunity to inspect those defects or instances of non-conformity and, where applicable, remedy them. The Customer must refrain from intervening personally or arranging for a third party to intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, it will send the Customer instructions on how to proceed after reviewing the complaint and, where applicable, replace the product whose lack of conformity or defect has been established by the Company.

If replacement of the product is impossible, the Company must refund the Customer within fourteen days of receiving the product. At the Company’s proposal, the refund will be credited to the Customer’s bank account, although the Customer may choose a different refund method from the one proposed.

Customer Obligations

The Customer undertakes to comply with these GTCs.

The Customer undertakes to use the Website and the services in accordance with the Company’s instructions.

The Customer agrees to use the Website solely for personal purposes, in accordance with these GTCs. In this respect, the Customer agrees to refrain from:

• Use the Website in any unlawful manner, for any unlawful purpose or in any manner incompatible with these General Terms and Conditions of Sale;
• Sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Website, or decompile, reverse-engineer, disassemble, modify or display it in a form readable by the Customer, attempt to discover any source code, or use any software that activates or includes all or part of the Website;
• Attempt to gain unauthorized access to the Website’s computer system or engage in any activity that disrupts, reduces the quality of, interferes with the performance of, or impairs the functionality of the Website;
• Use the Website for abusive purposes by knowingly introducing viruses or any other malicious program, or attempt to gain unauthorized access to the Website;
• Infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties;
• Disparage the Website and/or the products, or the Company, on social media or through any other means of communication.

If, for any reason, the Company considers that the Customer is not complying with these GTCs, the Company may at any time, at its sole discretion, terminate the Customer’s access to the Website and take any measures, including civil and criminal legal action, against the Customer.

Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has 14 days from confirmation of the Order on the Website to exercise the right of withdrawal with the Company, without having to provide a reason or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded under Article L.221-28 of the French Consumer Code, reproduced below:

The right of withdrawal may not be exercised for contracts:

1. For the supply of services fully performed before the end of the withdrawal period where performance began after the consumer’s prior express consent and express waiver of the right of withdrawal;
2. For the supply of goods or services whose price depends on fluctuations in the financial market that are beyond the professional’s control and may occur during the withdrawal period;
3. For the supply of goods made to the consumer’s specifications or clearly personalized;
4. For the supply of goods liable to deteriorate or expire rapidly;
5. For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6. For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7. For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the time the contract is entered into depends on market fluctuations beyond the professional’s control;
8. For maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, limited to the replacement parts and work strictly necessary to respond to the emergency;
9. For the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
10. For the supply of a newspaper, periodical or magazine, except subscription contracts for such publications;
11. Entered into at a public auction;
12. For the provision of accommodation services other than residential accommodation, the transport of goods, car rental, catering or leisure activities that must be provided on a specific date or during a specific period;
13. For the supply of digital content not supplied on a tangible medium where performance began after the consumer’s prior express consent and express waiver of the right of withdrawal.

To exercise the right to withdraw from the Order, the Customer must notify the decision to withdraw using the withdrawal form provided in the appendix hereto or by means of an unambiguous statement, without providing a reason. The Customer may communicate the decision to withdraw to the Company by any means, including by sending it by post to the Company at 135 rue des Terres Noires – 85560 LE BERNARD or by email to .

If the Customer notifies the Company of the decision to withdraw, regardless of the method used, the Company will promptly send acknowledgment of receipt of the withdrawal on a durable medium, particularly by email.

The Customer must return the product(s) in the same condition in which they were received, together with all packaging, accessories and instructions, even if the product(s) have been unpacked, as soon as possible and no later than 14 days after notifying the decision to withdraw from this contract, to the following address: 135 rue des Terres Noires – 85560 LE BERNARD. In accordance with the law, the Customer bears the cost of returning the product(s).

If the Customer withdraws, the Company will refund the Product(s) and/or Service(s) subject to the right of withdrawal using the same payment method as was used for the initial transaction, unless the Customer expressly agrees to a different method. In all cases, this refund will not incur any fees for the Customer. The refund will be made as soon as possible and no later than 14 days from the date on which the Company is informed of the Customer’s decision to withdraw from the Order.

In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that they are liable to the Company only for any diminished value of the product(s) returned after exercising the right of withdrawal resulting from handling beyond what is necessary to establish the nature, characteristics and proper functioning of the goods. If the Services are used during the withdrawal period, the Customer is deemed to have expressly waived the right of withdrawal.

Liability

The Company takes all appropriate measures to ensure that the Customer receives quality product(s) and/or quality service(s) under optimal conditions. However, under no circumstances may it be held liable for any failure or improper performance of all or part of the services provided for in the contract that is attributable to the Customer, to an unforeseeable and unavoidable act of a third party unrelated to the contract, or to force majeure. More generally, if the Company were found liable, under no circumstances could it compensate the Customer for indirect damage or damage whose existence and/or amount is not established by evidence.

The Company cannot be held liable for damage caused by misuse of one of its Products/Services or by failure to comply with precautions for use and hygiene, storage and safety requirements when using one of its Products/Services.

The Website may contain links to other websites that are neither published nor controlled by the Company, which cannot be held liable for the operation, content or any element present on or obtained through those websites.

The creation of such links or reference to any information, articles or services provided by a third party cannot and must not be interpreted as the Company’s express or implied endorsement of those websites, elements or content.

The Company is not responsible for the availability of those websites and cannot control their content or approve advertising, product(s), service(s) or other information made available on them.

It is expressly stipulated that the Company cannot under any circumstances be held liable, in any manner whatsoever, if the Customers’ computer equipment or email systems reject emails sent by the Company, for example due to an anti-spam filter, including, without limitation, the payment receipt, Order summary or dispatch-tracking email.

The Customer is fully aware of the provisions of this article, particularly the warranties and limitations of liability set out above, which are essential conditions without which the Company would never have entered into the contract.

Security

The Customer undertakes not to compromise the security of the Website. To this end, the Customer undertakes not to gain or maintain fraudulent access to the Company’s information system. The Customer may not damage or obstruct the Company’s information system. Failing this, the Company may take any measure against the Customer, including seeking criminal liability under Articles 323-1 et seq. of the French Criminal Code.

Intellectual Property and Personal Data

All elements of this Website, as well as the Website itself, are protected by copyright, trademark rights, design rights and/or all other intellectual property rights. These elements are the exclusive property of the Company. All such rights are reserved worldwide.

The name and trademark, logos, designs, stylized lettering, figurative marks and all signs represented on this Website are and will remain the exclusive property of the Company.

No title or right to any element or software may be acquired by downloading or copying elements from this Website. The Customer is strictly prohibited from reproducing, except for personal and non-commercial use, publishing, editing, transmitting, distributing, displaying, removing, deleting or adding to this Website or the elements and software it contains, modifying them or carrying out any derivative work based on them, or selling or participating in any sale relating to this Website, its elements or any related software.

The Company grants the Customer a non-exclusive license to use the Website. This license is strictly personal and may under no circumstances be assigned or transferred to any third party. The license is granted for the duration of the Website’s use.

Any use by the Customer of corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the Company’s express prior consent.

The Company recognizes that data protection and privacy are important to all internet users visiting the Website. In accordance with the GDPR, the Company undertakes to respect your privacy and protect your personal data, meaning data capable of identifying you directly or indirectly as an individual.

In connection with an Order, the Company may collect the Customer’s personal data. The Company undertakes to protect its customers’ personal data.

Files containing personal data required for an Order are stored in particular on the servers of the Website’s hosting provider. This provider represents that it complies with the requirements of the General Data Protection Regulation (GDPR). The Company does not disclose or trade its customers’ personal data.

When placing an Order on the Website, the Customer expressly consents to the collection and processing of the personal data required to complete Orders.

The purpose of the personal data collected by the Company is to enable Orders to be completed. The various items of personal data will not be retained for longer than necessary for the purposes for which they were collected, including to comply with legal or tax obligations.

In accordance with the provisions of French Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, known as the “Data Processing and Civil Liberties” Law, and the General Data Protection Regulation (GDPR), subject to providing proof of identity, every Customer, regardless of nationality, has the right to access, amend and delete their personal data. Every Customer also has the right to request restriction of the processing of their data and has a right to data portability and a right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, ensuring the confidential processing of Customer data, the Company has appointed a Data Protection Officer in accordance with the General Data Protection Regulation (GDPR), who may be contacted at the following address: .

In all cases, every Customer has the right to lodge a complaint with the CNIL, the French Data Protection Authority.

Newsletter

By checking the relevant box or expressly giving consent for this purpose, the Customer agrees that the Company may send them, at a frequency and in a format determined by the Company, a newsletter containing information relating to its business.

When the Customer checks the relevant box during the registration process on the Website in order to place an Order, the Customer agrees to receive commercial offers from the Company for products/services similar to those ordered.

Customers may unsubscribe from the newsletter by clicking the link provided for this purpose in each newsletter.

Telephone Solicitation Opt-Out List

The Customer may register free of charge with the BLOCTEL telephone solicitation opt-out list (www.bloctel.gouv.fr) so that they are no longer contacted by telephone by a professional with whom they do not have an ongoing contractual relationship, in accordance with French Consumer Law No. 2014-344 of 17 March 2014.
Any consumer may register free of charge on this list at bloctel.gouv.fr.

Governing Law and Jurisdiction

These GTCs are governed by and interpreted in accordance with French law, without regard to conflict-of-law principles.

In the event of any dispute arising in connection with the interpretation and/or performance of these GTCs, the Customer may use the European online dispute-resolution platform established by the European Commission at the following address, which lists approved dispute-resolution bodies in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails, or if the Customer wishes to bring proceedings before a court, the rules of the French Code of Civil Procedure will apply.

Appendix 1
WITHDRAWAL FORM

MANUSURF
135 rue des Terres Noires – 85560 LE BERNARD
[email protected]

I hereby give notice of my withdrawal from the contract for the sale of the following product(s)/service(s):

Ordered on:
Received on:
Order number:
Customer name:
Customer address:

Date:

Customer signature: