Terms and conditions

Introduction

The general terms and conditions of sale presented below (hereinafter the “General Terms and Conditions”) govern the contractual relationships between any user of the GONG-GALAXY.com website  (hereinafter called a “User” or “You”) and the  GONG-GALAXY.com brand, belonging to the company GONG SUP 1 SARL, having share capital of 100,000 euros and its registered office located at 111 Av des Noelles – 44 500 LA BAULE, registered with the trades and companies registry for SAINT NAZAIRE under number 51498823700038 (hereinafter called “GONGSUPSHOP”). These general terms and conditions of sale are the only applicable ones and replace any and all other terms and conditions, except where stated otherwise beforehand, expressly, and in writing.

This said, they supplement the general terms and conditions for the use of the website, accessible on-line, and which each user accepts unreservedly, as these general terms and conditions of use are a part of the overall contracting structure for any purchasing action.

GONGSUPSHOP may periodically have caused to modify certain provisions of its general terms and conditions, accordingly they should be reviewed prior to each visit of the GONG-GALAXY.com website (hereinafter called the “Website”). These modifications are enforceable as of the time they are placed on-line and cannot apply to contracts entered into before that time. Each purchase on the website is governed by the general terms and conditions applicable as of the order date. We consider that by validating your order, you agree unreservedly to our general terms and conditions of sale after having read them. By accessing this Site, you agree to comply with the General Terms and Conditions as well as the Conditions of Use found therein.

Place an order

To place your order, we provide our website to you at the following address: GONG-GALAXY.com

The computerized registries, stored in the vendor’s IT systems, according to reasonable security conditions, will be considered to be proof of communications, orders, and payments that have been made between the parties. Purchase orders and invoices are archived using a reliable and durable medium that can be produced as evidence.

Product information

GONG-GALAXY uses the greatest care when placing information on-line about the product’s essential characteristics, particularly through the use of technical descriptions provided by its partners and suppliers and photographs that illustrate the products, and doing so within technical limits and meeting the best standards of the market.

Product photographs are not contractual.

Price

The sales prices shown on the Website are stated in euros with all tax included, but do not include delivery costs. Any delivery costs will be shown to the User before validation of the order, and shall be invoiced to the User at the end of the order, in addition to the price for the selected products.

Please note that for the European Union, the price to be paid is in euros and it is systematically shown, clearly, before confirmation of the order.

We reserve the right to modify our prices at any time, but we commit to apply the current rates which will have been shown to you on the Website at the time of your order.

Availability

Please note that we will honour your order insofar as it is permitted by our available inventory.

In the event that one of the ordered products is not available in our inventory, we undertake to contact you by email within 15 days starting from the date of your order so as to inform you of this and tell you the time frames, as applicable, in which the product might be able to be delivered to you.

If, amongst the products ordered, some are temporarily unavailable, we undertake to send you the products available and to send you the remainder of the order at a later time. We may also offer to send you an article of equivalent quality and price as a replacement for an unavailable product. Should you refuse, we will proceed with the reimbursement for said product. If you wish to return it to us, in the conditions set forth in article 9 (withdrawal period – satisfaction or money back), you will then be responsible for the costs.

Delivery methods

Ownership of the merchandise sold is transferred to the buyer as soon the parties have agreed on the thing and the price. Consequently, the transfer of ownership over products and the risks for loss and damage related thereto for which the buyer is responsible, occurs upon acceptance of the purchase order by the vendor.

DELIVERY ZONES AND SHIPPING COSTS:

Products purchased on the Website may be delivered anywhere in the world.

The Website automatically calculates the shipping costs by considering the number, type of products, and delivery address for deliveries involving: France (excluding overseas departments and territories), Germany, Andorra, the United Kingdom, Belgium, Denmark, continental Spain, continental Italy, Sardinia , Crete, the Balearic Islands, the Netherlands, Finland, Norway, Switzerland, Sweden, Portugal, Austria, Gibraltar, Jersey, Liechtenstein, Luxembourg, Monaco, Bosnia-Herzegovina, Bulgaria, Croatia, Estonia, Greece, Hungary, Ireland, Latvia, Lithuania, Macedonia, Malta, Montenegro, San Marino, the Vatican, Cypress, Albania, Poland, Romania, the Czech Republic, Serbia, Slovakia.

For all other destinations, your order will be given pending status until a precise estimate is obtained for shipping costs. Our sales service will contact you with the current rate before validating your order.

GONG SUP 1 will offer you delivery by express courier or by a shipper depending on the total weight and nature of the product(s) ordered.

WAREHOUSE PICKUP

Customers who so desire may pick up their orders directly from the Shop/Warehouse in La Baule. By selecting this option, shipping fees will not be invoiced.

DELIVERY TIMES 

GONG SUP 1 will do everything possible to meet the delivery deadlines mentioned on the Website.

Nonetheless, we cannot be held liable for consequences due to a delay in delivery or lost package caused by 1/3 party to the shipping contract or due to your actions or due to an unforeseeable and on for mountable because constitutive of a force majeure event.

Should a package not be received, an investigation will be conducted with the shipper and may take several days. During this period, no reimbursement or return may be made.

ACCEPTANCE OF YOUR ORDER

We work with different service providers to ship your products based on their type and the delivery zone requested.

Our primary partners are: LA POSTE, GEODIS, DPD ,TNT, and UPS.

For the majority of them, the acceptance procedure is simple.

You receive your package, you inspect the integrity and conformity of your products with respect to your order. If there is a problem, contact us by email at the address: info@gongsup.com.

Special case of a delivery with GEODIS:

Paddles and rigid boards are handled by GEODIS.

It is imperative that you inspect the conformity and integrity of the products in your order in front of the shipper and write, as necessary, on the delivery slip, in the form of handwritten reservations accompanied by your signature, any irregularities involving it.

In the case of the destruction of one of your packages, refuse the package. You will not be invoiced for the return charges.

Notwithstanding the applicable legal guarantees, we recommend that you send any reservation concerning product conformity defects existing as of the delivery date, as soon as you can, by letter to GONG-GALAXY, 111 Av des Noelles, ZA de Beslon – 44 500 LA BAULE or by email to the following address: info@gongsup.com.

Product returns may only be accepted for products in their original condition, namely with their packaging, accessories, and user guides.

In the event of demonstrated nonconformity, the User shall have the choice between the product’s repair or replacement, unless the desired option would result in a manifestly disproportionate cost compared to the other method.

Additional information may be requested, or even demanded of you, to validate your purchase.

Consequently, and in order to avoid any delay, please enter the following information at the time of your order:

  • a valid email address,
  • a fixed telephone number (workplace or home), or portable number that will reach you at any time during the day.

We truly regret any inconvenience caused, nonetheless these measures demonstrate our willingness to protect our clients from any bankcard fraud.

Secured payment

For payment by credit card, the debit shall be made at the time of your order provided that prior authorization has been received to debit your account from the appropriate payment centres, failing which your order will be unable to be placed.

On-line payment by credit card occurs using the “Atos worldine” security system which allows your bank information to be encrypted when being transmitted over the network.

Bank cards accepted:Carte bleue, Visa, Eurocard.

The stipulations pertaining to the collection and processing of your personal data are found below.

We also offer you the possibility of paying your Order by Bank Transfer. If you choose this payment method, you have a period of 7 days to do it before your order is canceled, and the products are returned to stock.

Right of withdrawal Satisfaction or money back

You have a 14-day right of withdrawal (provided by article L.121-20 of the Consumer Protection Code), to return to us any product that does not satisfy you. This right of withdrawal occurs at no penalty, except for shipping costs. You must, within this time-frame, return this product to us, at your cost, accompanied by your invoice and the duly completed and signed return slip

We ask that you return the merchandise to us using registered mail or package tracking and to purchase insurance from the shipper for the fair market value of the products. This is particularly necessary in the case of theft or loss of this merchandise by their services. In any case, the return shall be made at the consumer’s cost.

This right of return can only be agreed for products in their original and complete condition (packaging, accessories, instructions, etc.), in good condition. Returned articles that are incomplete, worn, damaged, or dirty by the Customer shall not be accepted.

The above-mentioned deadlines begin to run starting on the day of receipt of the order.

In the case of reimbursement:

  • if the product is returned within 14 days (as shown by the post office cancellation stamp) starting from its delivery to you, GONG-GALAXY shall reimburse you in cash, by bank transfer.
  • in the event of an expert assessment of the Product as part of the right of withdrawal, GONG-GALAXY will do the utmost possible to reimburse the User as quickly as possible. This period will depend on the tests performed by the manufacturer’s after-sales service department on your equipment.

A withdrawal template including the vendor’s contact information, and the necessary information, is shown in Exhibit 2 hereof.

Return

For any package return, you must return it to us by the Post (or another shipper).

Please note that the shipping costs are borne by the client for the outbound transit, except in case of the product’s nonconformity.

Guarantee and After-Sales Service (SAV)

All of our equipment sold is covered by:

  • the legal conformity warranty,
  • the legal warranty against hidden defects,
  • the manufacturer’s warranty, the extent and duration of which are different based on the products and brands.

The costs of shipment of the article(s) shall be borne by the client. However, if the conformity warranty is applicable to the product(s) returned, all costs associated with such return will be refunded to the client.

For any package return, you must return it to us by the Post (or another shipper).

GONG-GALAXY undertakes to then assume the costs of any repairs by the suppliers. Regardless of the problem involving article, it is absolutely imperative that a copy of the invoice, its warranty, and the return slip (to be requested by email from GONG-GALAXY) be attached to the defective article. Warning, the legal warranty does not apply or applies only partially to the repair of damages resulting from a cause external to the device (for example: accident, shock, wave, lightning, current fluctuation, etc.), or from an error by the client resulting, for example, from use or installation that does not comply with the manufacturer’s specifications, or use that is detrimental to the proper preservation of the device.

Manufacturer warranties for products sold by GONG-GALAXY do not cover:

  • replacement of consumables (batteries, light bulbs, fuses, etc.),
  • the abnormal or nonconforming use of the products. In this regard, we ask that you carefully read the instructions provided with the products,
  • damages due to work by a repair man not authorized by GONG-GALAXY
  • damage resulting from a cause external to the device (for example, accident, shock, wave, lightning, current fluctuation, etc.).

In any case, GONG-GALAXY cannot be held liable for any refusal by the manufacturer to apply its warranty for the reasons presented above.

Should the repairs not be covered, the manufacturer will issue an estimate.

The manufacturer will ask for administrative costs should payment of the estimate be refused. If the estimate is approved, a check, made out to GONG-GALAXY and corresponding to the amount of the estimate will need to be sent to us.

Remember: the clauses pertaining to legal warranties are found in Exhibit 1 hereof.

Disputes and liability

GONG-GALAXY cannot be held liable for non-performance of the contract formed, on the one hand due to a force majeure event, as defined by the courts, and on the other hand, in the event of wrongdoing by the client or an unforeseeable and insurmountable act by a third party to the contract. GONG-GALAXY cannot be held liable for consequences resulting from the incorrect use of products sold on the Website.

Although our products have performances that are compatible with professional use, GONG-GALAXY does not intend to sell the professionals.

The danger in sports practised depends in large part in respecting fundamental rules for safety, priorities, and local regulations that are required for spots.

Each user of GONG-GALAXY products is responsible for making sure that he is at least covered by civil liability insurance, if necessary, by purchasing a sports license.

The rules for maintenance, use, and safety are found in the instructions for use delivered with each product. The instructions may also be downloaded by clicking on the following link or from the GONG-GALAXY.COM website. The instructions form an integral part of the scope of this contract, for which it constitutes an exhibit in and of itself. You acknowledge that you have carefully examined it.

Special statement regarding “foils” products

The practice of foils, in every medium, presents a special hazard. Notwithstanding the contents of the instructions for use of each product, it is imperative that a few simple rules be observed:

  • Wear a safety vest and a helmet. Foils contain areas of impact that are indispensable for their proper operation, but which present a real danger in the event of a shock. You are most exposed to this risk as a practitioner on the device. You must therefore protect yourself, consequently, using adequate equipment that meets standards. And you must protect yourself by never placing yourself in an at-risk situation. Your behaviour determines the risk you take.
  • Except for kite surf boards, equip your board, at all times, with a leash that is at least equal to the length of the board, as well as foot straps. These elements make it possible not to completely release the board in the direction of other users. Never move in a distance that is less than the length of your leash plus that of the board plus your centreboard should you fall amongst other practitioners. You must never bring a third party into this diameter which forms the area in which your activity presents risk.
  • Only practice in spots that are conducive for the activity (secure water entry, lack of shore break, regular bottom, orientation adapted the wind direction, etc.) and not frequented by practitioners of other nautical sports. A foil’s speeds require that the solo practitioner or one amongst multiple foil practitioners move in an environment where each person anticipates and has awareness of the others’ trajectories.
  • Scrupulously follow the rules of priority, especially since inertia and manoeuvrability are different from traditional media, above all for beginners. Courtesy and the sense of responsibility must be part of your practice so as not to create deviant behaviour that might lead to an accident.
  • Pay attention to the other practitioners, and generally speaking, to all users of the water body, even if they do not have priority in your area of movement (they may, among other things, underestimate your speed and your danger zone). Never practice around children or people who are unfamiliar with the sport, as their reactions might be completely unpredictable. You would be fully liable. GONG SUP will do everything in its power to alert you to the risks and explain to you the practical framework that we recommend. You cannot ignore these instructions as this would endanger you and everyone else, and jeopardize the GONG SUP brand which is a responsible company.
  • Pay attention to the water depth, since the presence of an appendage with several tens of centimetres below a beach vehicle is a new data point for a good number of practitioners, even those familiar with watersports. Breakage associated with pressure against or striking the bottom is not covered by the warranty.
  • Maintain and check your equipment regularly, and make no technical modification to it other than products and solutions sold by GONG-GALAXY. Never sharpen the trailing edges, as they would become cutting both for you and for the leash, thereby no longer holding onto the board!

It is highly recommended that you begin foil practice in an appropriate pedagogical setting, by means of an accredited club or school, that you read all of her articles on the GONG forum. This is to allow you to acquire an appropriate level of self-sufficiency and a real knowledge of the stakes in the practice of foil.

Protection of personal data

12.1 Collection of personal data

Personal data is data that is collected on this website (or “Platform”) and is as follows:

  • Creation of a user account, order on the Website, registration for the newsletter:

Because the information that you communicate to us is essential for the processing and direction of orders, the creation of invoices, and warranty agreements, the absence thereof would result in the cancellation of your order. By enrolling with this Website, you agree to provide us with accurate and truthful information about you. Communication of false information runs contrary to the general terms and conditions as well as the terms and conditions for use found on the Website.

If you agreed when you identified yourself on the Website, promotional emails (electronic letters) offering you new items, overstock offers, exclusive offers, good deals… Will be sent to you.

Your personal data is recorded in our client database and may be enriched during later contacts. To modify or remove your personal data from our database, you may send an email to info@gongsup.com. Your data may be accessed by our management, our human resources department, and our customer service department. They are transferred to our subcontractors only for the hosting thereof, and are not transferred to partners or clients without your authorization.

  • The submission of a CV or answer a job offer, via our website, or the sending of a spontaneous candidacy:

Your personal data is recorded in our candidate database and may be enriched during later contacts. If your candidacy is not selected following a first series of contacts, we will nonetheless retain your information if that information may be of use to us at a later point, particularly based on market changes and our customers’ needs. To modify or remove your personal data from our database, you may send an email to info@gongsup.com. Your data may be accessed by our management, our human resources department, and our customer service department. They are transferred to our subcontractors only for the hosting thereof, and are not transferred to partners or clients without your authorization.

  • The use of a contact form for our Websites so as to write to us, make email contact with all GONG SUP 1 for a professional reason:

Your contact information is recorded in our contact database and you may receive emails from us. Your contact information is retained so long as it is relevant to our business, and may be enriched during later contacts. To modify or remove your personal data from our database, you may send an email to info@gongsup.com. Your data may be accessed by our management, and our customer service department. They shall be transferred only to our subcontractors for hosting purposes and for us to send emails. If group emails are sent, you can unsubscribe at any time by clicking on “unsubscribe” at the bottom of the email.

  • GONG forum:

When you participate in the forum, we encourage you to use a username and not your personal data. However, should you enter your personal data, please understand that your data will not receive any particular treatment by GONG SUP 1. We also remind you that the information in the forum is public and that GONG SUP 1 is not liable for any use that may be made by any person publicly accessing the forum. To modify or remove your personal data entered in the forum, you may send an email to info@gongsup.com.

Your personal data is collected exclusively for purposes of our consulting activity. It is not subject to any automated decision-making nor any profiling, and is not processed at a later time without your consent.

  • Social networks:

When you use the links found on our website to communicate with social media, you may send personal data towards platforms outside of GONG SUP 1. This occurs under your sole liability and GONG SUP 1 cannot be held liable for any use that may be made of your personal data on these platforms. We recommend that you consult the personal data protection notices on these platforms before making use of them.

  • Cookies

A cookie is a small file, often anonymous, containing data, particularly a unique identifier, transmitted by a website server to your browser and stored on your computer’s hard drive.
Cookies-related settings on your browser:
You can configure your browser to accept all cookies sent by websites you visit, or to systematically refuse all these cookies, or to ask you on each occasion whether you wish to accept them or not.
Because each browser is different, we suggest that you consult your browser’s help menu to find out more about the way to customize the acceptance of cookies.

12.2 Use of personal data

Personal data collected from users are intended to provide services on the Platform, improve them, and maintain a secure environment.

Data is stored for 5 (five) years starting from the removal of the account, or the last action performed on it, or the realization of the last purchase, except where there is a shorter term of retention specified for certain data, particularly cookies and bank data, collected directly or via a subcontractor.

More specifically, the uses are as follows:

  • the user’s access and use of the Platform;
  • managing the Platform’s operation and optimization;
  • organizing the conditions for use of payment Services;
  • verifying, identifying, and authenticating data transmitted by the user;
  • offering the user the ability to communicate with other users of the Platform;
  •  implementing user assistance;
  • customizing services by displaying advertisements based on the user’s browsing history, according to the preferences;
  • preventing and detecting fraud, malware (malicious software) and managing security incidents;
  • managing any disputes with users;
  • sending commercial and advertising information based on the user’s preferences.

12.3 Sharing personal data with third parties

Personal data may be shared with third-party companies in the following instances:

  • when the user uses payment services, to implement the services, the Platform connects to third-party financial and banking companies with which it has formed contracts;
  • when the user publishes publicly accessible information in the pre-comment areas of the Platform;
  • when the user authorizes a third-party website to access his (her) data;
  • when the Platform makes use of services by service providers to provide user assistance, advertising, and payment services. These service providers have limited access to the user’s data as part of performing the services and have a contractual obligation to use the data in accordance with the provisions of the applicable regulations for the protection of personal data.
  • if the law so requires, the Platform may transmit data to respond to claims presented against the Platform and to comply with administrative and judicial procedures;
  • if the Platform is involved in an operation of merger, acquisition, disposal of assets, or judicial reorganization proceedings, it may be led to dispose of all or part of its assets, including personal data. In such case, the users will be informed, prior to the transfer of personal data to a third party.

12.4 Security and confidentiality

The Platform implements organizational, technical, hardware and software measures related to digital security to protect personal data against alteration, destruction, and unauthorized accesses. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

12.5 Implementation of user’s rights

Pursuant to the personal data regulation, users have the following rights:

  • they may update or remove data about them by connecting to their account and configuring the settings of this account;
  • they may remove their account, by writing to the following email address: rgpd@gongsup.com. It should be noted that information shared with other users, such as publications on forums, may remain visible to the public on the Platform, even after the removal of their account.
  • they may exercise their right of access to view personal data about them by writing to the following email address:rgpd@gongsup.com. In this case, prior to the implementation of this right, the Platform may request proof of the user’s identity for the purpose of verifying its accuracy;
  • if the personal data possessed by the Platform are inaccurate, users may request the information to be updated by writing to the following email address:rgpd@gongsup.com ;
  • users may ask that their personal data be removed, in accordance with the laws applicable to the production of data, by writing to the following email address: rgpd@gongsup.com

12.6 Changes to this clause

The platform reserves the right to make any changes to this clause regarding personal data protection at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on its website. The Platform shall also inform users of the modification via electronic messaging, within 15 days prior to the effective date If the user does not agree with the terms of the new version of the personal data protection clause, he may remove his account.

Applicable law and dispute settlement

The applicable law for this contract is French law.

In the event of a dispute, the parties undertake to make their best efforts to find an amicable solution that guarantees the interest of both parties before bringing any matter before the courts, on pain of having the complaint dismissed as inadmissible.

EXHIBIT 1 – Applicable texts

Article L.211-4 of the Consumer Protection Code: ‘The seller is required to deliver a good pursuant to the contract and is liable for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity arising from the packaging, assembly instructions, or installation instructions, when he was responsible for them under the contract or when they were produced under his liability. ‘

Article L.211- 5 of the Consumer Protection Code: ‘To comply with the contract, the asset must:

1°) Be suited for the use customarily expected of similar goods and, as applicable, match the description provided by the seller and possess the qualities that this party presented to the buyer in the form of a sample or model.

2°) Present qualities that a buyer might legitimately expect with regard to public representations made by the seller, by the producer, or by its representative, specifically in publicity or labelling; 2°) or present the properties defined by mutual arrangement between the parties or be suited for any special use sought by the buyer, of which the seller has been informed, and which the latter has accepted.’

Article L.212-12 of the Consumer Protection Code: ‘An action resulting from a conformity defect must be brought within two years starting from delivery of the asset, ‘

Article 1641 of the Civil Code: ‘The seller is bound by the warranty against hidden defects in the article sold making it unfit for the use for which it is intended, or which decrease such use to such an extent that the buyer would not have acquired it or would only have offered a lesser price had he known of them. ‘

Article 1648 par. 1 of the Civil Code: ‘Any action resulting from latent defects must be brought by the acquiring party within two years starting from discovery of the defect. ‘

 

EXHIBIT 2– Withdrawal form

Attn:

GONG SUP 1 SARL, a French company with share capital of €100,000, represented by Mr Patrice Guenole, having its French registered office domiciled at La Baule Escoublac (44500), 111 avenue des Noelles.

  • Registered with the Saint Nazaire trades and companies registry (RCS) under number 515 988 237.
  • Intercommunity VAT number FR 36514988237
  • Siret (national computerized companies registry) number: 51498823700038
  • Telephone number: +33 (0)2 40 17 36 52

I/we(*) hereby notify you of my/our(*) withdrawal from the contract respecting the sale of the below merchandise(*)/ for the delivery of services(*):

Ordered on (*)/received on (*):

Consumer(s) name:

Consumer(s) address:

Consumer(s) signature(s) (only for purposes of delivering this form on paper):

Date:

(*) Cross out the inapplicable wording