Terms and Conditions

 

1. Introduction

2. Orders

3. Product informations

4. Prices

5. Availability

6. Delivery

7. Secured payment

8. Right of withdrawal. Satisfied or refunded

9. Product returns

10. Garantees et after-sales services

11. Disputes and responsabilities

12. Protection of personal data

 

1. Introduction

The General Conditions of Sale detailed below (hereinafter refferred to as ''General Conditions''), reffer to the contractual relations between users of GONGSUPSHOP (hereinafter considered as ''user'' and ''you'') and the commercial brand GONGSUPSHOP.com belonging to the group/company/society GONG SUP 1 SARL capital holder of 14,500 EUROS, situated at 111 Av des Noelles, 44500 LA BAULE and matriculated at registery of commerce and companies in SAINT NAZAIRE under the number 51498823700038 (hereinafter referred to as "GONGSUPSHOP"). These General Conditions of Sale are the only ones applied and remplace any/and all other conditions, unless prior expressed ones and written exemptions. GONGSUPSHOP may, at any given time, modify certain aspects of these general terms and conditions, making it necesary that they be re-read prior to re-visiting the GONGSUPSHOP.com site (hereinafter refferred to as ''Site''). These alterations are enforcable at the date of their instatement online and do not apply to any contracts made anterior to instatement date. Any and all purchses on the site are subject to these General Conditions applicable at time of purchase. We hereby consider that by validating your order, you accept without any reservation our general terms and conditions and also the User conditions mentioned here within.

 

2. Orders

We provide you our website GONGSUPSHOP.com, if you want to order one of our products.

 

3. Product informations

GONGSUPSHOP aspires to the greatest precision in the compilation and maintenance of the information provided on this site, by means of technical descriptions from our partner brands and as many as possible pictures to illustrate our products.  (within the boundaries of the technology available and with respect to the highest market standards).

4. Prices

All prices displayed on our website are in Euros, including VAT and excluding shipment costs. Your shipment costs will be specified before your order validation and will be charged at the end of the order process in addition to the price of the items placed on your card.

You will notice that for the European Union the price is paid in Euros and is systematically clearly indicated before order confirmation .
We reserve the right to change prices at any given time but we are committed to applying the prices displayed on GONGSUP.com at the moment of placing your order.

 

5. Availability

Take note that we honor your order within the limits and availabilty of our stock on hand.

Under the hypothosis that one of our products is out of stock and at that moment unavailable, we hereby commit to contacting you by email within the delay of 15 days, counting the date of order placement, in order to inform you of the delay time that the product, if and when, will be made available for delivery to you.

If by chance some of the ordered products are not available in our stock we hereby commit to sending the products that are available and at a later date the products that remain in order to complete the order. We may also propose to you a possible replacement, of equal quality/price, for the unavailable product. If you refuse this proposal we shall proceed to the reimbursement of the product. If you decide to return the replacement, under the conditons of Article 9 (returns period- satisfied or reimbursed) the shipping charges will be handled/paid by you.

 

6. Delivery Methods

The products purchased are delivered within Mainland France. In the case of you wanting to order outside and/or in another country or department/region please make email contact with GONGSUPSHOP (info@gongsup.com) before validating your order.

Your order will be shipped to the indicated address at the time of order placement.

GONGSUPSHOP proposes an express mail delivery or by transport service depending on nature and size/weight of product(s) ordered.

The shipping charges incrued for this option depend on the product that is ordered.

GONGSUPSHOP makes every effort to comply with the delivery delays mentioned on the Site. However, we cannot be held responsible for consequences due to a delivery delay or defferment and/or a lost package caused, in part, by a transporter constraint or by your act or that is attributable to an unforeseeable and unavoidable cause constituting an Act of God.

In the case of a non-reception of a package from the transporter, we will open an inquirey and investigation into the whereabouts and location of the package with the Transporter concerned which may take several days. During this time under no circumstances will an reimbursemnt and/or re-delivery be made.

At the time of reception of delivery, we highly recommend that you verify wether or not the products conform to the products ordered, if appropriate, on the delivery receipts and on the delivery forms that require a signature by you, any anomoly concerns them.

Without prejudice to any applicable legal warranties, we recommend that you, without hesitation, address any reservations concerning exsisting defects or non-conformity at the date/time of delivery within the fastest time available to you a letter to be sent to GONGSUPSHOP, 111 Av des Noelles, ZA de Beslon – 44 500 LA BAULE or an email at info@gongsup.com.

Any and all returns will only be accepted in their original state, not only correct physical state but notably original packaging accessories included and instructions for use.

In case of proven non-conformity, the User will have the choice between a repair or the replacement of the product unless the choice desired incrues a cost that is manifestly disproportionate to a different method of reimbursement.

Complimentry information may be required and demanded from you to verify proof of purchase. 

Therefore, in order to avoid any complications, please include the following information when you order :

- a valid and current address and email address.

-a telephone number that is fixed (either work or home) and/or a cellphone in order to contact you at any given time during the day.

A small inconvenience, however these measures are evidence of your good will and insures protection for our clients from possible bank card fraud.

European_Shipping_Map_800                      

7. Secured Payment

When paying by Credit Card, the debit is carried out at the time of your order on the condition that we have received prior permission from the appropriate payment centers, otherwise your order cannot be taken into consideration.

Payments by Credit Cards are performed via the security system ''Atos Worldline'' who carry out the encryption of your bank co-ordinates during their web transmission.

Accepted forms of Card payment : Carte Bleue, Visa, Eurocard and MasterCard.

 

8. Order Cancellation Rights. Satisfied or Money Back.

You have the right to cancel/retract and return to us the order (Article L 121-20 of the Consumer Code), within 14 days if you are not satisfied. This right is offered with no penalty with the exception of shipping fees. You may, within 7 days, return the product, at your expense, accompanied by the receipt/bill and return voucher fully filled out and signed.

We appreciate and thank you for returning the merchandise Certified and Registered with Postal Tracking and paying the Transport Insurance at the value of the merchandise. This is absolutly necessary in case of eventual destruction/spoilage or loss of the merchandise while in their possesion. In all circumstances these costs will be paid by the consumer.

The Right to Return will only be accepted for those products returned to us in their original state and complete (original packaging, accesories and instructions for use), and in acceptable condition. Incomplete orders/products, spoiled or damaged or dirtied by the Client/User will not be accepted under any circumstances.

The 14 day delay mentioned above includes the day that the order was recieved and delivered.

In case of reimbursement :

- If the product is returned within the 14 day period (as proven by the Official Post Office Stamp) including the day/date that it was delivered to you, GONGSUPSHOP will be numerically compensated by Bank Transfer.

- In case an expert evaluation of the product is needed, within the framework of our Returns Policy, GONGSUPSHOP will do the maximum to recompensate the User as fast as possible. This may be delayed and depends on possible technical testing carried out by the constructors Sales Service Technician on the product.

 

9. Returns

All Returns must be done by either the Post Office or Transport service.

Please note that all return shipping costs are to be covered by the Client/User with the exception of non-conformity of the product.

 

10. Guarantee and After Sales Service (SAV)

All of our Merchandise benefits from :

- a Legal Guarantee of Conformity.

-  a Legal Guarantee against Hidden Defects

- A Constructors Guarantee, which last and differ depending on the products and the brands.

Shipping costs of any product(s) are to be covered by the Client/User. If at anytime a guarantee is applicable to returned product(s), all expenses associated will be reimbursed to the client.

All Returns must be done by either the Post Office or a Transport service.

GONGSUPSHOP will immediately take charge in recuperating any eventual reparations due from our suppliers/artisans. No matter what the problem concerning the product, you must imperitavely, adjoin with the defective product a copy of the Receipt, the Guarantee of said product and a Returns Voucher (available for download on our website GONGSUPSHOP). ATTENTION, the Legal Guarantee does not, or only partially applies to the reparation or damage resulting from any external cause to the product (for example, shock, accident, wave, lighting or an electrical charge and/or fluctuation...), or any fault or mishap caused by the Client/User, for example a usage that was not intended for the product specified by the constructor or the use of a harmful substance applied to the product that was not designated and/or intended for the product.

The  Manufactures Gaurantee on commercialized products by GONGSUPSHOP do not cover :

- the replacement of consumables (batteries, lightbulbs, fuses.....).

- abnormal or non-conforming use of the products. We invite you to take an attentive look at the Instruction Manuels supplied with the products.

- damages due to the intervention of an un-authorized, by GONGSUPSHOP,  Technician/Repairman.

- any and all damage due to any external causes to the product (for example, accident, shock, wave, lighting, eletrical charge and/or fluctuation...).

In any and all cases, GONGSUPSHOP will not be held accountable and/or responsable in case of refusal by the manufacture to apply the Guarantee for the reasons above.

If in case of a repair, not covered by the warranty, the manufacturer may provide an estimate.

Adminstrative charges may be applicable and required by the manufacturer in case of ''refusal to pay'' this estimate. In case of agreement with the estimate a Check, made out in the name of GONGSUPSHOP and corresponds to the sum of estimate, must be sent to us.

 

11. Disputes and Responsabilities

This contract is subject to French law.

GONGSUPSHOP will not be held responsable and/or liable for the breach of contract due to the occurance of an Act of God (force majure) as defined by the Court of Law, and on the other hand in case of the fault of the Client/User or in case of an unpredictable and unsurmountable act of any third party upon said contract. GONGSUPSHOP will under no circumstance be responsible for the consequences resulting from and/or the inappropriate use and/or mishandling of the products sold on our Site.

Although our products are compatible with the performance and the usage by Professionals, GONGSUPSHOPs products are not intended for sale to Professionals.

The Danger that comes with any practiced sport depends highly on the respect one gives to the fundamental rules of security, priorities and local Reglamenations applied at local spots.

It is wholly up to each individual user of GONGSUPSHOP Products to insure that they are covered with and by a Civic Responsibility with their Insurance or by subscribing to an official sporting liscense in their community.

The rules for upkeep, use and security are covered and explained in the Instruction Manuel that is provided with each product. They may also be downloaded by clicking here on this link:  GONGSUPSHOP.COM.  This notice is an integral part of the product and should be considered as a part of the product in its entirety. The purchase of the product is recognition of having taking responsibility, recognition and full understanding of the texts meaning.

Mentions particular to ‘Foil’ Products ;

The practice of Foil, in all its forms, presents a particular type of danger. Without prejudice to what appears on the Instruction Manuel given with each product it is imperative to observe certain simple Rules :

  • Wear a helmet and protective vest. Foils have Zones that could be considered dangerous but are imperative to the correct function of the product, but may represent a true danger to their exposure to contact while in use. While practicing the sport you are in direct contact with this danger and therefore should use the correct means of self-protection. You should also never put yourself and/or others in harms way, you behavior determines the level of risk you are exposed to.
  • Excluding Kitesurf Boards you should always use a Leash that is suitable for your Board as well as Footstraps. These elements provide allow the equipment to be more under your control and less likely to be in contact with others. Never eject at a distance shorter than your leash in the presence of other riders. The risk is elevated greatly to those who are and remain within the Radius of this zone and it is the Users responsibility to keep others outside of this risk area.
  • Practice only in areas or Spots that are unsuitable for the Practice of Foil (safe water entry, no ShoreBreak, regular ocean bottoms, wind orientation adapted to conditions…), and above all zones that are not frequented by other users of aquatic sports. The speeds of the Foil oblige the user to practice alone and among other Foilers in order to progress and with full awareness of other Riders trajectories.
  • FULLY Respect the Right of Way of those around you knowing that inertia and maneuverability are different of other similar classic sport, above all for those who are beginners. Courtesy and Personal sense of Responsibility must and should be a full part of your practicing of the sport in order to avoid deviant behavior that could bring about an accident or danger to yourself and others.
  • Be highly aware of others, and in general of all others around you whether n the water or on the shore, even if they are not in the trajectory zone or priority coming from behind (other may over/under-estimate your speed and your danger zone.) Never in any case practice around children or those uninitiated in the sport because their reactions may be highly unpredictable. Your engagement must be 100%. GONG SUP has put all the information needed at your disposal in order to alert you to the risks and explain to you the possible consequences of the sport you have engaged in. You CANNOT ignore the Instructions at hand because you put yourself in danger, and others and the GONG SUP brand which is a responsible entity/company.
  • Be highly aware of the water depth, the presence of an appendage at a dozen centimeters under the surface may put into motion an experience that is unwanted and highly dangerous for any number of users included those whom are highly experienced in the sport or any aquatic activity. Any and all damage due to any shock experience from an outside force or encounter with an underwater surface or object is in no way covered by the Guarantee.
  • The Upkeep and verification of your equipment should be regular and thorough and should not include or be exposed in any way technical modifications that are not authorized or commercialized by GONGSUPSHOP. Never at any time sand to a point the leading edges for they may become cutting edges that may harm you and/or your leash (which will devoid its ability to retain the board).!!

It is highly and strongly recommended that you begin the practice of Foil in a pedagogue manner that is adapted, either an official certified school or a club, also that you read and inform yourself with any and all of the Articles Published on the GONG Forum which will allow you to acquire the needed information and awareness to become sufficiently Autonomous and obtain a level of conscience that is real in reference to the practice of Foil.

 

 

(1) Articles L.211-4 of the Consumer Code : "The seller is obliged to deliver goods that are in compliance with the contract and respond to any defects that exist at the time of delivery. The Seller is also responsible for defects in conformity that result from packaging from set-up instructions or installation while the conformity was covered by the contract or was performed under its responsabilty."

Article L.211-5 of the Consumer Code : "In order to comply, the product must :

1° Be appropriate for its intended use resembling similar goods, if appropriate, correspond to the description given by the seller and posses the qualities of the goods which the seller has held out to the consumer as a sample or a model.

2° Have the qualities that a buyer may legitimately expect from the declarations made public by the seller, manufacture or their representatives, notably with its advertising and labeling, 2° and/or behold the characteristics defined by a mutual aggreement by the two parties and/or be appropriate for special use sought after by the buyer, and brought to the awareness, and agreed upon by the seller."

Article L.212-12 of the Consumer Code : "Actions resulting from defects in conformity lapse after two years from the date of delivery of the article."

Article 1641 of the Civil Code : "A seller is bound to the warranty of the latent defects of the thing sold which render it unfit for the use it was intended or that reduces its use that the buyer would not have aqquired it and/or given a lesser price if he had known of them.

Article 1648 al. 1er of the Civil Code : "The action resulting from redhibitory vices must be brought to the buyer within the delay of two years following the discovery of the vice."