DESIGN PADDLE is a brand of KEROUARCH COMMUNICATION, 12 rue de la Coutume, 56000 VANNES France, RCS Vannes B 484 960 919 VAT FR42484960919.

The relationships of the DESIGN PADDLE brand (hereinafter “The Company”) with its Customers (hereinafter “The Customer”) are governed by the general conditions of sale as defined below as well as by professional practices established by the Federation of Printing and Graphic Communication (FICG, Paris VI). They are aimed at professionals in the graphic arts and communication and apply to all sales and services made from our websites and internet platforms, to direct sales in our premises or at the customer's premises, or those received by any other means (email, post, telephone).

1 - Orders

Any order implies the customer's express and unreserved acceptance of these general conditions of sale and entails waiver of any application of its possible General Conditions of Purchase.

Orders are placed mainly via our online sales sites design-paddle.com.

A purchase order is established between the parties and the deadline mentioned is only valid from receipt of the deposit or full payment, as well as the proof validated by the customer.

The Company strives to maintain access to its websites 24 hours a day, however, it cannot be held responsible in the event of service interruption, in particular for maintenance reasons or technical problems. The customer declares to know the technical limits linked to internet technologies, in particular with regard to the consultation of information, the transfer of files and the risks linked to this technology.

The company reserves the right to cancel any order for reasons of compliance with its moral values ​​and respect for its employees and stakeholders.

The visuals produced (photos, diagrams, etc.) are presented for information purposes only and have no contractual value.

SAFETY RECOMMENDATIONS

When practicing, remember to maintain a safe distance from all obstacles, other practitioners and boats, and keep up to date with the weather forecast. It is up to you to make the decision to go on the water or not depending on the weather conditions observed and forecast. Always be careful. Do not practice in onshore winds .

Generally speaking, avoid the wind which is the enemy of surfing / SUP. Check your equipment regularly and maintain it properly.

INFLATE THE BOARD WELL TO THE RECOMMENDED PRESSURE OF BETWEEN 15 AND 20 PSI.

Make sure that the valve is in perfect working order (especially the seals), and properly closed before use. Check that your board is not punctured, scratched or cut, as this would affect its buoyancy and your safety. We remind you that an inflatable board does not have a flotation compartment (except our COUINE MARIE EXPLORER model). When it deflates: it sinks. You should therefore never move further from a shelter than you would be able to swim. The safety cord (leash) that connects you to the board is mandatory and must also be in good condition.

Do not go beyond a distance of 300m from the shore which is the maximum allowed by law.

In SUP, also check the condition of your paddle which must not have any weaknesses or sharp edges likely to puncture the board.

Use this product only if you are physically fit and can swim well. Swimming in the sea in a distressed situation is much more difficult than in a swimming pool. When practicing water sports you must not be under the influence of alcohol, drugs, or medication.

Never leave your board between you and a wave. The board could be thrown towards you very violently and knock you out/injure you. Hold your board next to you with its nose facing the waves.

Do not hold the board by its stainless steel rings, and do not hold the board by the carrying handles at all costs.

Minors must not practice without the agreement and supervision of their legal guardian. Never leave a child without immediate supervision. Supervision of children must be ensured by good swimmers with solid surfing or stand-up paddle experience. They must always be under the supervision of a responsible adult and wear a brightly colored lycra in addition to a flotation vest and an isothermal suit. Don't let them practice alone or go offshore.

2 - Price

The sales prices displayed on the Company's websites are valid until any new publication canceling the previous conditions. Prices are subject to change without notice. In this case, the reference prices are those published on the websites.

Prices are invoiced on the basis of the price in force on the day of the order, they are excluding tax, in euros, in mainland France.

For certain works, the Company is required to establish a specific quote. In this case, the validity of the offer is limited to one month.

3 - Payment methods

By way of derogation from the provisions of Article L. 144-6 of the Commercial Code, payment for orders is mainly made by 4 distinct means:
- Cash online, by credit card
- Wire Transfer
- By check addressed to the headquarters 12 rue de la Coutume 56000 Vannes.
- On statement, by bank debit upon final delivery of the products (after opening an account and agreement with our credit insurance).

No discount will be granted in the event of early payment.

In the event of payment by check, production is only started after receipt of the payment document. Likewise, for payment by direct debit, production takes place after receipt of the direct debit mandate signed by the customer and acceptance of it by our credit insurer.

According to European legislation, each debtor will receive a notification by email 5 working days before the date of presentation of the Sepa direct debit. This notification will notably mention the expected amount, the ICS (SEPA Creditor Identifier) ​​of the creditor and the RUM (Unique Mandate Reference) of the client.

4 - Billing

Invoices will be sent by email upon receipt of full payment for the order.

5 - Delivery times

Delivery will be made to the address indicated by the customer and taken up on acceptance of the order and will be considered completed at the time the order arrives at said address.

Delivery times are given for purely indicative purposes and without guarantee. Any delay in execution of orders cannot serve as a basis for canceling them, refusing the goods or benefiting from damages.

The indicative deadlines appearing on our platforms may be subject to revision if the client's files need to be updated/re-addressed or if they are not compliant.

Manufacturing can only take place if the customer is up to date with his obligations towards the seller and in particular if there is no late payment, including on orders other than the one to be delivered.

The goods, even sold free of carriage, travel at the risk of the recipient who is responsible for verifying their good condition at the time of delivery. This verification must relate to the quality, quantities and references of the goods as well as their conformity to the order.

In the event of non-compliance, DESIGN PADDLE may decide to carry out a contradictory inspection of the products deemed non-compliant for the purposes of analyzing the non-compliance. This check must be carried out at the delivery address stipulated on the order.

Transport times are never guaranteed. Any delay due either to the client's failure to deliver the planned documents or the accepted proof on the agreed date, or to the occurrence of force majeure, will rightly result in the application of additional deadlines.

6 - Force majeure

The occurrence of a case of force majeure likely to delay, prevent or make the execution of the sale economically exorbitant has the effect of suspending the execution of DESIGN PADDLE 's contractual obligations.

Constitutes a case of force majeure, any event of any nature whatsoever, which reasonably escapes the control of one or the other of the parties such as, in particular, the occurrence of fire, interruption of supply of raw materials , power cut or machine breakdown making it impossible to carry out the work assigned within the stipulated time frame, strike or lockout, interruption of means of transport whatever the cause, legal or regulatory provisions affecting production or delivery of products.

If the event continues for more than three months, DESIGN PADDLE reserves the right, after this period, to terminate the contract without compensation.

7 - Complaints

Without prejudice to the provisions of article 5 paragraph 5 hereof, damage, missing items, packaging defects noted upon receipt of the packages must be recorded on the transport receipt after careful inspection of the delivery and be subject to a letter with acknowledgment of receipt addressed to the carrier within a maximum period of 48 hours, with a copy to DESIGN PADDLE. Under no circumstances can disputes with carriers justify non-payment of invoiced goods.

Any dispute relating to the quality of the goods can only be accepted within a period of 1 month at the latest following the date of actual receipt of the goods or the date of signature of the release, made to the carrier. The dispute must be addressed only to our headquarters located in Vannes.

Our company only guarantees in the event of a defective product the exchange or goods for products conforming to the details of the order (or reimbursement) with the express exclusion of all damages for damage suffered directly or indirectly, and in particular during the occurrence of a force majeure situation, a fortuitous event or in the case of an event which would make it impossible for our company to perform its obligations.

Given the practices accepted in the profession and the technical constraints linked to our production, our Company is not required to ensure delivery of the exact surface area planned for the order. The customer is required to accept a tolerance of more or less than 5% of the transplanting dimensions provided, particularly for 100% logo services.

The European Commission's online dispute resolution platform is accessible via https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

In the event of default or delay, the Company's liability towards third parties is limited to the amount of the order.

8 - Product information

The products governed by these general conditions are those which appear on the website www.desig-paddel.com or in the Seller's catalog and which are indicated as sold and shipped by the Seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller cannot be held liable.

The photographs of the products are not contractual.

9 - Products under warranty

Some products in the range benefit from a manufacturer's warranty (1 year). The warranty period starts from receipt of the goods by the customer.

Products indicated as “limited nautical use” are not guaranteed if they are subject to nautical use which alters the quality of the transplanting provided, particularly on 100% logo ranges. Exposure to UV rays, friction and intensive use are not covered by the advertised guarantees.

10 - Penal clause

The absence of full payment on the initial due date, including for extension of due date, expressly agreed by the Company, will automatically result in the client being obliged to pay interest in agios calculated at the rate of the European Central Bank (ECB). ) corresponding to the refi rate (3.00% as of February 2, 2023) increased by 7 points, or 10.00%, since the delivery date without the need for prior notice. The Company will be authorized for any other subsequent contract to require, in addition to the settlement of receivables, cash payment of the entire order.

In the event that recovery should be carried out by legal means, and regardless of the right for the Company to terminate the contract where the customer does not fulfill all of its obligations, it will be due in addition to the amount of the invoice, i.e. compensation of 10% of the amount due, i.e. the actual costs incurred if they are higher, in addition to late payment interest.

11 - Computer files, ready to print: technical limits, restrictions

Any customer is presumed to be the owner of the reproduction rights of the documents, images, logos, fonts, benefiting from the laws on intellectual property, the printing of which he entrusts to the Company. He assumes full responsibility for damages that could be claimed by a third party. The computer files necessary to produce the printed product must be provided by the customer. They must strictly comply with our technical sheet.

It is expressly agreed that the client is a graphic arts and/or communication professional, capable of understanding and applying the directives given in the technical specifications.

The customer accepts without reservation the technical constraints linked to our products:
- Size tolerances of approximately plus or minus 5%
- Slight color variations
- Extra thickness of side strips and transplanting zones.

When reprinting, even from identical files, the color rendering can never be 100% identical.

The printing or personalization techniques used, however professional they may be, inherently induce alterations in colors or shapes of graphics. These modifications are linked to reproduction constraints, and are the subject of a visual simulation submitted to the Customer which he must accept before making the purchase.

It is also agreed that our liability is entirely released for printing defects, colorimetric space conversion, font, knockout, text hunting, image conversions, in the event that these defects are present on client files.

The Client also acknowledges being informed that layout software never guarantees 100% reproduction of the file appearing on the screen and may lead, during successive processing, to results different from a screen display or 'printing on a connected office printer or copier.

The DESIGN PADDLE Company reserves the right to make certain modifications that it deems essential to the files provided by the customer and which do not comply with the technical specifications (bleed, re-format, conversion of Pantone colors, conversion of RGB images, etc.). Likewise, the Company reserves the right to refuse any order in the event that the files do not comply with the technical specifications.

For all these reasons, the Company cannot be held liable under any circumstances in the event of non-compliance with technical constraints.

In order to limit these risks, it is strongly recommended to carry out a calibrated control test (called Good to Tir BAT) to guarantee the integrity of the file to be printed. In the absence of a BAT request via our DESIGN PADDLE site when ordering, the customer accepts without reservation the technical limits presented above. The Company never intervenes on files requiring author correction. In this case, the customer undertakes to provide a new file.

Tracking control

Concerning order tracking, the main information is available from our customer service from Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m. Additional information on the transport tracking number, packaging, etc. can be obtained by contacting customer service using the telephone number or email address indicated on the DESIGN PADDLE website.

12 - Customer engagement

The Customer provides the computer files necessary to produce the printed product. The Client is entirely responsible for the entire content and accuracy of his files for which DESIGN PADDLE is not subject to any control obligation. Furthermore, the Customer is solely responsible for obtaining any necessary administrative and private authorization related to the use of the printed product. The Customer is solely responsible for forgetting mandatory legal notices, including the obligation to include the identity of the printer.

The DESIGN PADDLE brand cannot be held responsible under any circumstances.

Cancellation of orders

Orders can be canceled with a retention of 10% of the sales price excluding tax until confirmation by DESIGN PADDLE of the launch of production of the standardized file. After this stage, orders can no longer be canceled and the customer undertakes to pay the entire price of the order.

13 - Resellers

Marketing tools developed by DESIGN PADDLE are covered by intellectual property rights owned by the company Kerouarch communication. The customer acknowledges the existence and ownership of these rights for the benefit of DESIGN PADDLE and acknowledges that it only has authorization to use them on an ad hoc basis, within the strict limits of these general conditions and in connection with orders placed with PADDLE DESIGN . Outside of this framework, it is formally prohibited to use or exploit them in any way whatsoever for its own account or on behalf of third parties, directly or indirectly, in France or abroad and the customer undertakes to be given to the company on first request DESIGN PADDLE all elements, documents, supports, etc. having been entrusted to him by DESIGN PADDLE and not to keep a copy.

Consequently, DESIGN PADDLE has sole authority to carry out, in its name and in all countries, mandatory or optional formalities, such as filing, related to the appropriation and protection of rights relating to the Marketing Tools. The customer undertakes not to make any deposit, in France or abroad, of industrial property rights or intellectual property rights or to claim any rights in connection with the Marketing Tools of PADDLE DESIGN .

In addition, reseller customers cannot use Marketing Tools, the exclusive property of DESIGN PADDLE , only under the express authorization conditions below:

The reseller customer must be up to date with their payments and be a reseller customer registered in the sales files. DESIGN PADDLE to benefit from the right to use the marketing tools made available by PADDLE DESIGN .

Any breach of the aforementioned conditions may result in a ban on using the Marketing Tools. DESIGN PADDLE reserves the right to take legal action in the event of unauthorized or abusive use and/or other Marketing Tools.

By express agreement between DESIGN PADDLE and its clients, the above-mentioned tools are made available without entry fees, royalties or membership in any franchise network. The customer therefore remains entirely responsible and in control of their use and cannot in any way incur liability for DESIGN PADDLE in the event that it does not obtain the results it would have set in terms of turnover. In addition, the prices appearing on the materials are recommended retail prices. The reseller therefore retains the possibility of freely setting its prices, in particular by means of invoicing the models to its own customers.

14 – Transfer of ownership

Unless otherwise provided, the transfer of ownership of our goods only takes place after full payment of the price although the transfer of risk takes place as soon as the goods have left our warehouses. The buyer undertakes to keep our goods in perfect condition and to use them for their intended purpose. When our goods have been acquired with a view to resale, this resale is authorized but only to the extent that the buyer expressly informs the sub-purchaser of the existence of the retention of title clause stipulated in our favor and makes it known to him bear all the consequences.

In the event of resale, the buyer undertakes, at the first request of the seller, to assign all or part of the debts acquired from the sub-purchasers up to the sums still due.

Any return of the goods will be at the expense and risk of the buyer.

15 - Intellectual property

The content of the website www.design-paddle.com or the catalog (technical documents, drawings, photographs, etc.) remains the property of the Seller, 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 may constitute an offense of counterfeiting.

16 - Computing and freedom

DESIGN PADDLE is responsible for processing users' personal data which is hosted on the servers of the SHOPIFY platform.

Registration for services requires the collection of personal data. This data collection takes place in compliance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data (General Regulation on the Protection of Personal Data or GDPR).

The user is informed that the legal bases for the processing of their personal data are as follows:

Article 6.1.b of the GDPR: “the processing is necessary for the performance of a contract to which the data subject is a party or for the execution of pre-contractual measures taken at the request of the data subject;”

Article 6.1.c of the GDPR: “the processing is necessary for compliance with a legal obligation to which the data controller is subject; »

The personal data for access to DESIGN PADDLE is intended for accounting and commercial services. In accordance with law n°78-17 of January 6, 1978 relating to IT, files and freedoms and the GDPR, the USER has a right of access, rectification, opposition, deletion and portability relating to data concerning him.

The personal data collected on this site are as follows: Name, first name, postal address, email address and telephone number

The purpose of the personal data collected from users is to provide the services of DESIGN PADDLE , their improvement and the maintenance of a secure environment.

More precisely the uses are as follows:
- access and use of the services offered by PADDLE DESIGN by the user
- management of the operation and optimization of the website
- organization of the conditions of use of payment services
- verification of identification and authentication of data transmitted by the user
- implementation of user assistance
- prevention and detection of malware fraud and management of security incidents
- management of possible disputes with users
- sending commercial and advertising information based on user preferences.

DESIGN PADDLE implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, the Internet is not a completely secure environment and the website cannot guarantee complete security of transmission or storage of information.

In accordance with the regulations applicable to personal data, users have the following rights:
- update or delete data that concerns them by logging into their account and configuring the settings of that account.
- delete their account. However, information shared with other users such as posts on forums may remain visible to the public on the website even after the account is deleted.
- exercise their right of access to know the personal data concerning them. As part of such a request we will ask you to provide proof of your identity in order to verify its accuracy.
- request the updating of information concerning them.
- request the deletion of their personal data in accordance with applicable data protection laws.

To exercise these rights, the USER must contact DESIGN PADDLE at the following address: contact@design-paddle.com

All information relating to the protection of personal data is accessible on the page of the website dedicated to this purpose.

17 - Clause attributing competent jurisdiction

In the event of a dispute, whether on the completion of work or on these general conditions of sale, the commercial court of Vannes 56000 will have sole jurisdiction, even in the event of multiple defendants or an appeal for forced intervention.

18 - Export

In the event of an export sale, any dispute resulting from the execution of the order will be settled definitively according to the conciliation and arbitration regulations of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these regulations.

19- Responsibilities of the seller

The Products supplied by the Seller benefit from the legal guarantee of conformity, for defective, damaged or damaged Products or which do not correspond to the order, as well as the legal guarantee against hidden defects resulting from a defect in material or design. or manufacturing affecting the delivered products and making them unfit for use.

Provisions relating to legal guarantees Article L217-4 of the Consumer Code “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. » Article L217-5 of the Consumer Code “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect with regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° If it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. » Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. » Article 1641 of the Civil Code. “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. » Article 1648 paragraph 1 of the Civil Code “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. » Article L217-16 of the Consumer Code. “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery. The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check. The Seller cannot be held liable in the following cases: Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify; in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure. The photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.