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  General conditions of sale and delivery
Last update:12/12/2017
These present conditions of sale are concluded on the one hand by POLOKITES whose registered office is located in BISCARROSSE, registered in the Register of Commerce and Companies of MONT DE MARSAN under number 53270229700021, hereinafter called "POLOKITES" and managing the website polokites.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website polokites.com, hereinafter called "the buyer". ARTICLE 1. OBJECT These present conditions of sale aim to define the contractual relationship between POLOKITES and the buyer and conditions applicable to all purchases made through the website polokites.com.
The acquisition of a product through this site implies an unreserved acceptance by the buyer of these conditions of sale which he acknowledges having read prior to his order.
Before any transaction, the buyer declares to have full legal capacity to engage under these general conditions of sale.
POLOKITES retains the possibility of modifying at any time these conditions of sale, in order to respect any new regulation or to improve the use of the site. Thus, the conditions applicable will be those in effect on the date of the order placed by the buyer.
ARTICLE 2. PRODUCTS The products offered are those listed on the website polokites.com
POLOKITES can not be held responsible for the modifications of the presented products: these can be modified without notice by the manufacturers. Any change will obviously be announced beforehand on the site before being applied.

Products photos are not contractual. The prices, descriptions and colors are given for information only and can be modified according to the supplies, the economic conditions or the economic situation.

The products offered comply with French legislation. The responsibility of POLOKITES can not be engaged in case of non-compliance with the legislation of the country where the products are delivered. It is up to the buyer to check with the local authorities the possibilities of importing or using the products he plans to order.
2.1 The Revopolo Revopolo kites are manufactured as and when orders, according to the instructions (orders) of the buyers. No kites are in stock (except exception).
The Revopolo is available in 3 technical types of sail: HVTD (Half-VenTeD (mid-vented)), VTD (VenTeD) and UL (Ultra-Light) and 3 types of paneling/designs: 16, 32 and 44 panels.
In addition to the various series in which are proposed pre colored models, the buyer has a COLORIZER to customize the colors of his future kite.
About colors, POLOKITES draws attention to the following points:
• The display of colors differs from one screen to another, so it is difficult to have an exact representation of what the final rendering of the colors will look like once printed. For information, the CMYK color values used for printing are shown on the page of the COLORIZER.
• The paneling of the sail of the Revopolo is printed. Only gauze panels, for VTD and HVTD versions, are obviously sewn.

POLOKITES offers nearly 300 pre-colored Revopolo models. They are classified in series. The "Customs" series include the models that have been customized by customers. For each of these customized models appears the mention "Colorized by: First Name Last Name (or Pseudonym) - Country".

Once the sail is printed and sewn, POLOKITES finalizes the kite; manufacture of the bridle, assembly of the chandlery (elastics, caps, etc.), assembly of the carbon structure and thorough control of the kite; before putting it in its bag and shipping it.
ARTICLE 3. PRICES The prices displayed are net (VAT not applicable, according to article 293 B of the CGI) and in euros (€) No VAT is applied and therefore can not be recovered. POLOKITES reserves the right to modify the prices at any time, the prices figuring in the catalog the day of the order being the only ones that will be applicable to the buyer. The prices indicated on the products do not include delivery costs. These are charged extra, see ARTICLE 6. DELIVERY.
ARTICLE 4. ORDER AND PAYMENT POLOKITES offers the buyer to order and pay for his products in several stages, with 2 payment options to choose from.
The buyer adds to the cart the product(s) that he selects in the shop or that he creates himself with the COLORIZER. If need it, he modifies in its cart the quantities and other options such as "with or without carbon frame". It is in the cart that he indicates what will be his country of delivery. The cost of delivery is then calculated and displayed. The buyer then enters his personal information. Then in the last step presenting the summary of the order, the buyer can enter a discount code if he has one. It also indicates the payment method he will use to pay its order.
The 2 payment methods offered are "Paypal" and "Bank transfer". Bank charges of 14,50 € are added to the order for any payment by non-SEPA bank transfer.

As soon as the buyer has clicked on "Place order", he instantly receives an email from "polokites.contact@gmail.com" to the email address he has entered in his personal information. This email contains:
• a summary confirming the registration and the detail of his order,
• the necessary information so that it can make the payment of its order by the payment method he chose ("Paypal" or "Bank transfer").
It is by making its payment within 24 hours for Paypal payment (or 72 hours for bank transfer payment) that the customer confirms his order. (Past this delay the order is simply canceled.)

Upon receipt of payment, the order is processed and the buyer is informed by email.
POLOKITES then commits to dispatch the ordered products no earlier than 5 weeks after receipt of payment and within a maximum period of 10 weeks from the order to the receipt of the kite(s) purchased. The kites are made on command and one by one. The overall waiting time before be delivered is composed on the one hand, the time required to manufacture the ordered product(s) and on the other hand, the time required for the delivery itself. The manufacturing time is variable because it depends on the number of orders in progress and therefore on the workload.

Placing an order on the website is only possible if the buyer has ticked the check-boxes "I have read these information" and "I accept the GTC". Placing an order thus entails for the buyer the acceptance of the present general conditions of sale, the recognition of having perfect knowledge of it and the renunciation to take advantage of its own conditions of purchase.
4.1 Definitive character of the order The orders made on the website polokites.com are worth firm and definitive commitment when the buyer has confirmed to accept the present General conditions of sale (check-box in the summary of the order) and made his payment. The contract is considered valid and accepted when the payment of the order is confirmed by POLOKITES by email.
4.2 Order confirmation POLOKITES may not validate the order, especially in case of:
• Refusal of payment authorization by officially accredited bodies,
• Non-payment of a previous order,
• Payment dispute being processed,
• Incomplete order,
• Delisting procedure concerning one or more of the products ordered.
POLOKITES will inform the buyer by email.
All data provided and the recorded confirmation will be worth proof of the transaction.
ARTICLE 5. WITHDRAWAL According to the consumer code (article L121-20-2), the right of withdrawal can not be exercised on custom products and / or made to order. The right of withdrawal does not apply to products ordered on the site polokites.com since they are made to order.
ARTICLE 6. DELIVERY Deliveries are made by "La Poste" via "COLISSIMO" and "COLISSIMO INTERNATIONNAL", delivery service with tracking and delivery with signature. By default, an insurance of 2,00 € per kite is added to cover in part the cost of the re manufacturing of a new kite in case of problem.
6.1 Delivery prices Delivery rates are based on the Colissimo zone in which the country of delivery is located:
• Zone France, Andorra and Monaco (excluding DOM TOM): total coverage by Polokites. FREE for the buyer. Whatever the number of kites in the order, within the limit of 10.
• Zone A: partial support by Polokites. Fixed price of 15,00 € for the buyer. Whatever the number of kites in the order, within the limit of 10.
• Zone B, Zone C, Zone DOM and Zone TOM: real cost of delivery for the buyer.

Zone A countries: Austria, Azores, Belgium, Bulgaria, Canaries Islands, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Greenland (Dk), Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Madeira Islands, Malte, Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican.
6.2 Delivery time The delivery time is the average time that a parcel take to arrive to its destination, from the moment of shipment. (Do not be confused with the overall waiting time before receiving his parcel which also includes the manufacturing time of the kite(s).)
• Zone France, Andorra and Monaco (excluding DOM TOM): less than a week.
• Zone A: 7 to 10 days.
• Zone B, Zone C, Zone DOM and Zone TOM: 10 to 20 days.

When shipping the package, POLOKITES sends to the buyer an email with the tracking number of his package so that he can track his delivery. The buyer is delivered against signature to the address he has indicated in his personal information. In case of absence, a notice will allow him to take his parcel to the nearest post office during a period indicated by the postal services.

The transport risks are the responsibility of the buyer from the moment the items leave the premises of POLOKITES. The buyer is strongly advised to check in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its content upon delivery. In case of damage during transport, any claim must be made with the carrier within three days of delivery.
ARTICLE 7. WARRANTY All the products provided by POLOKITES benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned to POLOKITES who will resume, exchange or refund. All complaints, requests for exchange or refund must be made by email to the address "polokites.contact@gmail.com" within 14 days after delivery.
ARTICLE 8. RESPONSIBILITY POLOKITES, in the process of distance selling, is held only by an obligation of means. Its responsibility can not be held liable for a damage resulting from the use of the Internet such as data loss, intrusion, virus, interruption of service or other unintended problems.
POLOKITES can not be held liable for damages of any kind, both material and immaterial or corporeal, which could result from a malfunction or misuse of products sold.
POLOKITES is not liable for any damages of any kind resulting from the use of the Revopolo kite which does not comply with the following basic recommendations:
• Choose an unobstructed and safe place,
• Stay away from electrical, phone lines and other cables,
• Do not practice near trees, houses, roads or traffic way, water surfaces, cliffs,
• Do not fly the kite over people,
• Do not practice near aerodromes and airports, electrical poles and stations,
• Take into account meteorology and in particular do not practice in stormy weather, strong winds or days of strong wind changes,
• Respect the conditions of use of the material (check the carbon frame, the state of the sail and chandlery),
• Choose a kite whose traction is adapted to the weather conditions as well as to the pilot's jig,
• And in any case: use common sense whatever the occasion.
ARTICLE 9. INTELLECTUAL PROPERTY - Copyright All elements of the website polokites.com are and remain the exclusive intellectual property of POLOKITES and depend on french and international legislations on the copyright and intellectual property. Nobody is allowed to reproduce, exploit or use for any reason whatsoever, even partially, elements of the site, whether in the form of photo, logo, visual or text. This applies particularly to the design of the Revopolo which is registered and protected and must not be reproduced, even at personal and unique way.
ARTICLE 10. PERSONAL DATA POLOKITES undertakes to preserve the confidentiality of the information provided by the buyer when ordering. Any information about him is subject to the provisions of Law of 6 Juanary 1978 modified. As such, the buyer has the right to access, modify and delete information about him. He can make the request at any time by email to the address "polokites.contact@gmail.com".
ARTICLE 11. DISPUTE RESOLUTION These conditions of distance selling are subject to French law. For all disputes or litigation, the competent court is that of MONT DE MARSAN (Landes).