Terms and Conditions
Here you will find the General Terms and Conditions. If you would like to have the General Terms and Conditions in another language, we will be glad to send them to you.
General terms and conditions for sales of online products to consumers
These general conditions of sale have been initially written in French, the French version will always be the reference in case of dispute. These conditions apply to all sales concluded on the website Penguin Watersports.
The website www.penguin-watersports.com is a service of:
- Powertec Europe SASU
- Located 2 rue d'Aquitaine, 68390 Sausheim - France.
- Registered at the RCS of Mulhouse under the number 792 186 983
- The social capital of € 50,000
- VAT number: FR45 792 186 983
- Website URL: www.penguin-watersports.com
- E-mail: firstname.lastname@example.org
- Telephone number: +336 43 59 28 03
The Penguin Watersports website markets the following products: Sports and Leisure Equipment, SUP, paddles and related accessories.
The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is worth acceptance of the general conditions of sale.
Article 1 – Principles
These general conditions express the global obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and those applicable for the sales in store or by means of other channels of distribution and marketing.
They are available on the Penguin Watersports website and will prevail, where applicable, on any other version or other contradictory document.
The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.
If a condition of sale should be missing, it would be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The present general conditions of sale are valid until December 31, 2019.
Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Penguin Watersports website.
These conditions only apply to purchases made on the Penguin Watersports website and delivered exclusively in the following countries:
France, Belgium, Germany, Luxembourg, Monaco, Netherlands, Austria, Italy, Liechtenstein, San Marino, Spain, Andorra, Czech Republic, Denmark, Hungary, Ireland, Croatia, Estonia, Latvia, Lithuania, Sweden, Bosnia and Herzegovina, Bulgaria, Finland, Greece, Norway.
For any delivery in a country not mentioned above, please send a message to the following address: email@example.com.
Articles 3 - Precontractual Information
The buyer acknowledges having read, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L. 221- 5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and comprehensible manner:
- The essential characteristics of the property;
- The price of the good and / or the method of calculating the price;
- If applicable, any additional charges for transportation, delivery or postage and any other charges that may be required;
- In the absence of immediate execution of the contract, the date or the period in which the seller undertakes to deliver the goods, whatever their price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence and the terms of implementation of the guarantees and other contractual conditions.
Article 4 - Order
The buyer can place his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or property ordered.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.
The sale will be considered final:
- After sending the buyer the confirmation of acceptance of the order by the seller by email;
- And after receipt by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and guarantees mentioned below.
In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.
For any question relating to the follow-up of an order, the buyer can send an e-mail to the following address: firstname.lastname@example.org.
Article 5 - Payment
Payment must be made when ordering by the Buyer. At no time, the sums paid cannot be considered as a deposit.
The collection of the total amount of the order will be made by Powertec Europe at the time of validation of the order or in case of bank transfer upon receipt thereof.
All orders are payable in euros.
To pay for the order, the Buyer has all the means of payment referred in the order form: Online Credit Card (Credit Card, Visa or Mastercard), PayPal or Bank Transfer.
Powertec Europe reserves the right to suspend or cancel any order and / or delivery, regardless of its nature and level of execution, in case of non-payment of any sum that would be due by the Buyer or in case of payment incident.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid after a period of ten days following the date of invoice or notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order and this notwithstanding the provisions hereof.
Article 6 - Products
The products falling under these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller They are offered within the limits of available stocks.
The products are written and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.
Powertec Europe puts at the disposal of the buyer to help him in the choice of a help service by mail whose addresses are indicated in the heading "contact
Article 7 - Prices
The selling prices of the products on line on the website www.penguin-watersports.com, indicated in Euros, are those actives at the time of the registration of the purchase order by the Buyer.
They do not include shipping costs, charged in addition to the price of products purchased depending on the destination and the number of products purchased. The shipping costs will be indicated before the registration of the order by the Buyer.
The prices include the VAT applicable on the day of the order and any change of the applicable rate will be automatically reflected on the price of the products of the online shop.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products
The selling prices of the products may be modified by Powertec Europe at any time. This change will be reported to the Buyer prior to any order.
Article 8 - Availability of products – Shipping time
Except in case of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is 2 working days from the day after the buyer has placed his order, as follows: DPD or Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case by case basis.
In case the agreed date or delivery time is not respected, the buyer must, before terminating the contract, order the seller to execute it within a reasonable additional time.
Failing execution on the expiry of this new period, the buyer may freely break the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.
The contract will be considered canceled upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has meanwhile executed.
The buyer can, however, immediately cancel the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all amounts paid, at the latest within 14 days of the date on which the contract was terminated. In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel the order. The buyer will then have the choice to request either the reversal of sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 9 - Delivery and reception
Delivery means the transfer to the consumer of physical possession or control of the property. The ordered products are delivered according to the modalities and the deadline specified above.
The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address. By validating the option provided for this purpose on the order form.
If the buyer is absent the day of delivery, the driver will leave a notice in the mailbox. That will remove the package at the specified time and place.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products).
This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint formulated outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 10 - Delivery Errors
The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the medications listed on the order form. Any claim made after this time will be rejected.
The claim can be made, at the choice of the buyer:
- by telephone at the following number: +49 171 3451046;
- by e-mail to the following address: email@example.com
Any claim not made in the rules defined above and within the time limits cannot be considered and release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will communicate by email to the buyer the terms of exchange.
In case of error of delivery or exchange, any product to exchange or refund must be returned to the seller complete and in its original packaging, to the address provided by the seller.
Article 11 - Product Warranty
11-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the sold property to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 21 7-4 and following of the code of consumption. In case of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the property to act;
- the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L 217-17 of the Consumer Code;
- the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods) following delivery of the goods.
11-2 Legal guarantee of hidden defects
In accordance with Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.
Article 12 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item does not suit him and request the exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing to sell it again as new, accompanied by the invoice.
Damaged products that are soiled or incomplete are not taken back.
The right of withdrawal can be exercised online, by sending an e-mail to firstname.lastname@example.org. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of retraction is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the period, are refunded the price of the product (s) purchased (s) and the delivery costs are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 1 week, and at the latest, within 14 days from receipt, by the seller, of products returned by the buyer in the conditions set out above.
Article 13 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and cannot be prevented by the latter, despite all efforts reasonably possible. Expressly are considered as cases of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the party injured.
Article 14 - Intellectual property
The content of the website www.penguin-watersports.com remains the property of Powertec Europe, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 15 - Data Protection
The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices. They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the Penguin Watersports website is subject to the RGPD regulation (see Article 22 - Protection of personal data). The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the terms and conditions defined on the Penguin Watersports website.
Article 16 - Not Partially Validated
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 17 - No waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 18 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 19 - Language of the contract
These general conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
Article 20 - Mediation
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 21 - Applicable Law
These general conditions are subject to the application of French law. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes over € 10,000.
This is so for the rules of substance as for the rules of form. In case of dispute or claim, the buyer is primarily to the seller to obtain an amicable solution.
Article 22 - Protection of personal data
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).
22.1 Person responsible for collecting personal data
For the Personal Data collected in connection with the creation of the User's personal account and its browsing on the Site, the Person in charge of the processing of Personal Data is: Powertec Europe. www.penguin-watersports.com is represented by Wayne Lee, his legal representative.
As data controller, Powertec Europe undertakes to comply with the legal provisions in force. It is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and maintain a record of treatments according to reality. Whenever Powertec Europe processes Personal Data, Powertec Europe takes all reasonable steps to ensure the accuracy and appropriateness of the Personal Data in relation to the purposes for which Powertec Europe processes them.
22.2 Purpose of the data collected
Powertec Europe may process all or part of the data:
- to enable navigation on the Site and the management and traceability of services and services ordered by the user: login and use of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking ...): computer hardware used for navigation, IP address, password
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://www.penguin-watersports.com: email address
- to carry out communication campaigns (sms, email): phone number, email address
Powertec Europe does not market your personal data which is therefore only used by necessity or for statistical purposes and analyzes.
22.3 Right of access, rectification and opposition
In accordance with the European regulations in force, the Users of www.penguin-watersports.com have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of Users data right of locking or deletion of personal data (article 17 of the GDPR) , when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or preservation is prohibited
- right to withdraw consent at any time (article 13-2c GDPR)
- right to limit the processing of User data (article 18 GDPR)
- right to oppose the processing of User data (article 21 GDPR)
- right to the portability of the data that the Users will have provided, when this data is the object of automated processing based on their consent or on a contract (article 20 GDPR)
- right to define the fate of the data of the Users after their death and to choose to whom Powertec Europe will have to communicate (or not) its data to a third party which they will have previously designated
As soon as Powertec Europe becomes aware of the death of a User and in the absence of instructions from him, Powertec Europe undertakes to destroy his data, unless their retention is necessary for probative purposes or to fulfill an obligation legal.
If the User wishes to know how Powertec Europe uses his Personal Data, ask to rectify or oppose their treatment, the User may contact Powertec Europe in writing at the following address:
Powertec Europe - 2 rue d'Aquitaine 68390 Sausheim - France
In this case, the User must indicate the Personal Data that he would like Powertec Europe to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on Powertec Europe by law, particularly about the preservation or archiving of documents. Finally, Users of www.penguin-watersports.com may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
22.4 Non-disclosure of personal data
Powertec Europe is prohibited from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as "unsuitable" by the European Commission without first informing the customer. However, Powertec Europe remains free from the choice of its technical and commercial subcontractors on the condition that it presents enough guarantees with regard to the requirements of the General Regulation on Data Protection (GDPR: No. 2016-679).
Powertec Europe undertakes to take all necessary precautions to preserve the security of the Information and that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer Information is brought to the attention of Powertec Europe, it shall promptly inform the Customer and notify him of the corrective measures taken. In addition, Powertec Europe does not collect any "sensitive data".
The Personal Data of the User may be processed by Powertec Europe subsidiaries and subcontractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to the data of Powertec Europe Users are mainly the agents of our customer service.
22.5 Incident Notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures consider our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.
No personal information of the user of the website www.penguin-watersports.com is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of redemption www.penguin-watersports.com and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site www.penguin-watersports.com.
To ensure the security and confidentiality of Personal Data and Personal Health Data, www.penguin-watersports.com uses networks protected by standard devices such as firewall, pseudonymization, encryption and password.
When processing Personal Data, www.penguin-watersports.com takes all reasonable steps to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction.
22.7 Hypertext links "cookies" and internet tags
The website www.penguin-watersports.com contains several hypertext links to other sites, set up with the permission of Powertec Europe. However, Powertec Europe does not have the possibility to verify the contents of the sites thus visited and will therefore assume no liability for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (eg computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.
Powertec Europe may process the User's information regarding his visit to the Site, such as the pages viewed, the searches made. This information allows Powertec Europe to improve the content of the Site, the navigation of the User.
Cookies facilitating navigation and / or providing the services offered by the Site, the User can configure his browser to allow him to decide whether he wants to accept them so that Cookies are saved in the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or rejection of Cookies are offered to him punctually, before a Cookie is likely to be registered in his terminal. www.penguin-watersports.com informs the User that, in this case, it may be that not all features of his browser are available.
If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when www.penguin-watersports.com or one of its service providers can not recognize, for technical compatibility purposes, the type of browser used by the terminal, the language settings and the country from which the terminal appears to be connected to the Internet.
If applicable, Powertec Europe declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by www.penguin-watersports.com, resulting (i) from the refusal of Cookies by the User (ii) ) the impossibility for www.penguin-watersports.com to register or to consult Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.
At any time, the User may make the choice to express and modify his wishes regarding Cookies. Powertec Europe may also use the services of external service providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to Twitter, Facebook, Instagram, LinkedIn and Google Plus social networks appearing on the www.penguin-watersports.com Website or in its mobile application and if the User has accepted the Cookies by continuing to browse the Website or the mobile application www.penguin-watersports.com, Twitter, Facebook, Instagram, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent, by continuing your navigation on the Website or the mobile application www.penguin-watersports.com. At any time, the User may nevertheless revoke his consent that www.penguin-watersports.com will deposit this type of cookie.
22.9 Internet Tags
www.penguin-watersports.com may occasionally use Internet tags (also known as action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them by through a specialist web analytics partner that may be located (and therefore store the corresponding information, including the IP address of the User) in a foreign country.
These tags are placed both in online advertisements allowing users to access the Site, and on the various pages of it.
This technology allows www.penguin-watersports.com to evaluate visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information accessed) as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site to the attention of www.penguin-watersports.com, and provide other services related to the use of this and the Internet.