Terms and Conditions of Sale and Warranties

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Legal Notices

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Preamble

The general terms and conditions of sale detailed below (hereinafter referred to as the "Terms and Conditions") govern the contractual relationships between any user of the website HORUE.FR (hereinafter referred to as a "User" or "You") and the commercial entity Global Watersports Diffusion (GWD), a company owned by SAS Global Watersports Diffusion, registered at 6 RUE DU LOTISSEMENT CHAMPAGNE, 13500 MARTIGUES, and listed in the Aix-en-Provence trade and companies register under RCS number 983 814 (hereinafter referred to as "GWD"). These Terms and Conditions are the sole applicable conditions and replace all other terms, except by prior, express, and written agreement.

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These Terms and Conditions form part of the contractual framework for all purchase transactions. GWD may occasionally amend some provisions of these Terms, so it is essential to review them before each visit to the website HORUE.FR (hereinafter referred to as the "Site"). Such amendments are effective upon publication and do not apply to contracts concluded beforehand. Each purchase made on the Site is governed by the Terms in effect at the time of order placement. By validating your order, you unreservedly accept these Terms and Conditions after having read them. By accessing the Site, you agree to comply with these Terms.

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• Placing an Order

To place an order, use our website at www.horue.fr. Computerized records maintained in the vendor’s secure systems will serve as evidence of communications, orders, and payments between the parties. Order forms and invoices are archived on reliable and durable media and can be used as proof.

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• Product Information

GWD takes the utmost care to provide accurate information about the essential characteristics of its products, using technical descriptions from its partners and suppliers and illustrative photographs. However, the photographs are non-contractual.

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• Pricing

Prices listed on the Site are in euros and include all taxes for delivery within mainland France but exclude shipping fees. Delivery fees are disclosed to the User before order confirmation and are charged in addition to the product prices at checkout.

For EU deliveries, prices include VAT adjusted to the destination country and are displayed clearly before order confirmation. For deliveries outside the EU, orders are invoiced excluding VAT under the DAP (Delivered at Place) incoterm, meaning customs clearance and import fees in the destination country are the client's responsibility.

GWD reserves the right to modify prices at any time but commits to applying the rates displayed on the Site at the time of your order.

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• Availability

Orders are fulfilled subject to stock availability. If an item is out of stock, GWD will notify you by email within 16 days of your order to inform you of delivery timelines.

If some ordered items are temporarily unavailable, GWD may ship available items and send the remainder later or offer a similar product as a replacement. If you refuse the replacement, GWD will refund the unavailable item. Returns due to withdrawal (right to cancel) are at the client's expense.

Products are shipped without delivery time guarantees. Transport is at the recipient’s risk, who must verify the condition of parcels upon arrival. Claims for damage or loss during transport must be made to the carrier within statutory time limits.

Under the law of May 12, 1980, GWD retains full ownership of delivered goods until payment is made in full.

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• Delivery Methods

Ownership transfers to the buyer as soon as the product and price are agreed upon. Consequently, the risk of loss or damage also transfers to the buyer upon acceptance of the order.

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• Delivery Zones and Fees

Products can be delivered worldwide. Shipping fees vary by country. Contact us for a quote.

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• Pick-Up Option

Clients may collect orders directly from the Martigues depot at no shipping cost. Orders must be collected within three months of availability. The customer undertakes to pick up their order within three months following the availability of the last product, by making contact via the contact form.

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• Delivery Times

GWD strives to meet stated delivery times but is not liable for delays due to third-party transport issues, user fault, or force majeure.If a package is not received, an investigation is carried out with the carrier and may take several days. During this period, no refunds or returns can be made.

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• Receipt of your order

We work with different service providers to ship your products depending on their type and the desired delivery area. For the majority of them, the reception procedure is simple. You receive your package, you check the integrity and conformity of your products in relation to your order. If you have any problems, you can contact us via our contact form.

• Right of Withdrawal

You have a 14-day withdrawal period (as per Article L121-20-12 of the Consumer Code) to return a product at your expense, accompanied by the invoice and a completed return form.

We thank you for returning the goods to us by registered mail or tracked post and for taking out insurance with the carrier for the market value of the products. This is particularly necessary in the event of theft or loss of this merchandise by their services. In all cases the return is made at the consumer's expense. This right of return can only be accepted for products in their original condition and complete (packaging, accessories, instructions, etc.), in perfect condition and unused. Items returned incomplete, used, damaged, damaged or soiled by the Customer will not be taken back. The deadlines mentioned above run from the day of receipt of the order. In case of refund:

· if the product is returned within 14 days (postmarked as proof) from its delivery to you, GWD will reimburse you in cash, by bank transfer.

· in the event of an assessment of the product within the framework of the right of withdrawal, GWD will do its utmost to reimburse the User as quickly as possible. This deadline will depend on the technical tests carried out by GWD after-sales service on your equipment.

We ask that you contact us via the contact form BEFORE returning the product to us in order to obtain the return form to attach in the package.

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• Right of return

Unless there is a specific customization request, you have 7 days from the day after receipt of your package to notify us via our Contact Form of your wish to return the product to us. From the date of the return request, you have 15 days to return the product to us. This condition does not apply in the event of returns due to defects or non-compliance. A prior request to our customer service via the Contact Form must be made. Return costs are the responsibility of the consumer. We will then reimburse you within 14 days for all amounts paid. In the event of a hidden defect, you have the choice between canceling the order or keeping the product against a price reduction after prior request to our customer service. In the event of returning the product for a standard exchange or an increase in range, the return costs are the responsibility of the customer. Board orders are neither cancelable nor refundable. For any return of packages, you must return them to us by post (or other carrier). Please note that outbound shipping costs are the responsibility of the customer except in the event of non-compliance of the product.

• Warranties

We warrant GWD products against any major defects in materials and workmanship to the primary purchaser for a minimum period of twelve (12) months from the date of purchase. Depending on the product, this warranty can be 24 months. The precise guarantee conditions as well as the normal conditions of use are detailed in the product instructions, available in the “User instructions” tab, or on request by email.

This warranty is subject to the limitations set forth below:

- The warranty is only valid for the original purchaser and if the product is used under normal conditions of use specified in the product user manual. It cannot be applied if the user's weight is greater than the maximum user weight specified in the product user manual. The warranty does not cover products used for rental or teaching purposes. The warranty does not cover cases of breakage following jumps or freestyle tricks.

- GWD will perform a final warranty evaluation which sometimes requires a visual inspection and/or photos of the equipment that clearly demonstrates the defect(s).

- If a product is deemed defective by GWD, the warranty covers the repair or exchange of the defective product only. GWD will not be held responsible for any costs, losses or injuries inflicted by faulty or non-functional operation of this product. This warranty does not cover injuries caused by misuse, abuse, neglect or normal wear and tear such as (but not limited to): damages related to improper care or storage, damages related to use in waves greater than 0.5 m or on shore breaks, damage linked to use in conditions not conducive to safe navigation, damage linked to use in shallow water, damage giving rise to liability of a third party or resulting from a fault intentional, damage other than related to materials and workmanship, damage related to jumping. This warranty is void if any unauthorized repair or modification of any part of the equipment has been made. The purchase invoice must accompany any warranty claim. The name of the retailer and the date of purchase must be clear and legible. There is no warranty that extends or extends the warranties specified in this text. This guarantee in no way hinders the legal guarantee against hidden defects in application of articles 1641 et seq. of the civil code.

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• User Safety

The use of GWD equipment involves certain risks and may cause serious accidents. This is why it is strongly recommended to follow prior training in a specialized school before using the equipment for the first time. Before any practice, check that you have insurance covering your civil liability for the practice of the activity, and sufficient guarantees for the risks of personal bodily accidents.

The FFVL license includes insurance, find out more at www.ffvl.fr or http://www.ffvoile.fr. In addition, wearing an approved life jacket and helmet is strongly recommended. Good physical condition is recommended when practicing sports. GWD cannot be held responsible for any injuries or damage inflicted on the user when using HORUE products.

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• Disputes and Liabilities

GWD cannot be held responsible for the non-performance of the contract concluded, on the one hand in the event of force majeure, as defined by the courts, on the other hand in the event of fault of the customer or the unforeseeable and insurmountable fact of a third party to the contract. GWD cannot be held responsible for the consequences resulting from the misuse of the products sold on the Site.
Although our products have performances compatible with professional uses, GWD is not intended to sell to professionals.
The dangerousness of the sports practiced depends largely on respect for the fundamental safety rules, priorities and local regulations imposed on the spots.

It is up to each user of GWD products to ensure that they are covered at least by civil liability insurance, if necessary by taking out a sports license. The rules for maintenance, use and safety appear in the user manual available online. It can also be downloaded from the following link or from the GWD website. The notice is an integral part of the scope of this contract, of which it constitutes an annex in its own right. You acknowledge having read it carefully.

The practice of foiling presents a particular danger. Without prejudice to what appears in the instructions for use of each product, it is imperative to observe a few simple rules:

· Wear a protective vest and helmet. The foils have blunt zones which are essential for their proper functioning but which present a real danger in the event of an impact. You are most exposed to this risk as a user on the machine. You must therefore protect yourself accordingly with standard and adequate protective equipment. And you must protect yourself by never putting yourself in a risky situation. Your behavior determines your risk taking. Only practice on spots suitable for the activity (safe launching, absence of shorebreak, regular depths, orientation adapted to the direction of the wind, etc.), and not frequented by practitioners of other water sports. The speeds of a foil require you to practice alone or between foilers in order to evolve in an environment where everyone consciously anticipates the trajectories of the others.
· Strictly respect the priority rules, especially as the inertia and maneuverability are different from traditional supports, especially for those who are starting out. Courtesy and a sense of responsibility must be part of your practice so as not to generate deviant behavior that could lead to an accident.
· Pay attention to other users, and in general to all users of the body of water, even if they do not have priority in the area where you are operating (they may, among other things, underestimate your speed of movement and your zone of movement). hazard). Never practice near children or people uninitiated to this sport as their reactions could be completely unpredictable. Your responsibility would be fully engaged. GWD does everything it can to warn you of the risks and explain the practice framework that we recommend. You cannot ignore these instructions because this will endanger yourself, others and the brand image of GWD and HORUE which is a responsible company.

Pay attention to the water depth, the presence of an appendage of several tens of centimeters under a beach vehicle being a new fact for many practitioners, even those initiated into water sports. Breakages linked to support or impact on the bottom are not covered by the guarantee.
· Maintain and check your equipment regularly and do not make any technical modifications to it other than the products and solutions marketed by GWD. Never sharpen the trailing edges because they will become sharp for you but also for the leash, no longer holding the wing!
It is very strongly recommended to begin the practice of foiling in a suitable educational environment, within an approved club or school, this allowing you to acquire a sufficient level of autonomy and allowing a real awareness of the challenges of foiling. foiling practice.
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To avoid any accident with third parties, please remember that the navigation speed in the 300m zone, unless otherwise exempt, is limited to 5 knots. To move safely, it is advisable to navigate beyond this area.
The depth of the fins being important, it is advisable to sail in areas not frequented by swimmers.
HORUE equipment placed on the sand (during a break or during assembly) may present a risk to third parties. The user should take care to limit this risk.
GWD cannot be held responsible for damage caused to third parties.

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• Protection of personal data

Collection of personal data
The personal data collected on this site (or “Platform”) are as follows:
· Creation of a user account, order on the Site, subscription to the newsletter:
The information you provide to us is essential for the processing and delivery of orders, the establishment of invoices and warranty contracts, its absence will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information about yourself. The communication of false information is contrary to these general conditions as well as the conditions of use appearing on the Site.
If you accepted it when you identified on the Site, promotional emails (e-mails) offering you new products, clearance offers, exclusives, good deals, etc. will be sent to you.
Your personal data is recorded in our customer database and can be enriched during subsequent contacts. To modify or delete your personal data from our database, you can contact us via our contact form. Your data is accessible to our management, our human resources department and our sales department. They are transferred to our subcontractors only for their hosting, and are not transferred to partners or customers without your authorization.

• Submission of a CV or response to a job offer via our website or sending a spontaneous application

Your personal data is recorded in our candidate database and may be updated during subsequent contacts. If your application is not selected after an initial series of contacts, we may still retain your information if it could be useful later, particularly based on market changes and the needs of our clients. To modify or delete your personal data from our database, you can contact us via our contact form. Your data is accessible to our management, human resources department, and sales department. It is transferred to our subcontractors solely for hosting purposes and is not shared with partners or clients without your authorization.

Using a contact form on our websites to write to us or contacting HORUE by email for professional purposes

Your contact details are recorded in our contact database, and you may receive emails from us. Your details are retained as long as they remain relevant to our business and may be updated after subsequent contact. To modify or delete your personal data from our contact database, you can contact us via our contact form. Your data is accessible to our management and sales department. It is only transferred to our subcontractors for hosting purposes and for sending emails on our behalf. In the case of mass emails, you can unsubscribe at any time by clicking “unsubscribe” at the bottom of the email.

Using a contact form on our websites to write to us, contacting HORUE by email for professional reasons:
Your contact details are recorded in our contact database and you may receive emails from us. Your contact details are kept as long as they are relevant to our activity, and may be enriched in the event of subsequent contact. To modify or delete your personal data from our contact database, you can contact us via our contact form. Your data is accessible to our management and our sales department. They are transferred only to our subcontractors, for their hosting and the sending of emails on our part. If you are sending bulk emails, you can unsubscribe at any time by clicking “unsubscribe” at the bottom of the email.​

• Social media

When you use the links on our site to interact with social media platforms, you may send personal data to platforms external to HORUE. This is done entirely at your own responsibility, and HORUE cannot be held responsible for how your personal data is used on these platforms. We recommend consulting the privacy policies of these platforms before using them.

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• Cookies

A cookie is a small, often anonymous file containing data, including a unique identifier, transmitted by a website server to your browser and stored on your computer’s hard drive.

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• Cookie settings in your browser

You can configure your browser to accept all cookies sent by the websites you visit, reject all cookies systematically, or prompt you each time to decide whether or not to accept cookies. As each browser is different, we invite you to consult your browser's help section for more information on how to configure cookie settings.

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• Use of personal data

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

Data is retained for a period of five (5) years from the account’s deletion, the last action performed on it, or the last purchase, unless a shorter retention period is specified for certain data, particularly cookies and banking information, collected directly or by a subcontractor.

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Specific uses include:

• Access and use of the Platform by the user;

• Management and optimization of the Platform’s operation;

• Organizing the terms and conditions for payment services;

• Verifying, identifying, and authenticating data transmitted by the user;

• Offering the user the possibility of communicating with other users of the Platform;

• Implementing user support services;

• Personalizing services by displaying advertisements based on the user’s browsing history and preferences;

• Preventing and detecting fraud, malware (malicious software), and security incidents;

• Managing potential disputes with users;

• Sending commercial and advertising information, depending on the user’s preferences.

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• Sharing personal data with third parties

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

• When the user uses payment services, the Platform interacts with third-party banking and financial companies with whom it has agreements;

• When the user publishes information in publicly accessible sections of the Platform;

• When the user authorizes a third-party website to access their data;

• When the Platform uses service providers for user support, advertising, and payment services. These providers have limited access to user data as part of their service delivery and are contractually required to use it in compliance with applicable personal data protection regulations;

• If required by law, the Platform may transmit data to comply with legal or administrative procedures;

• If the Platform is involved in a merger, acquisition, asset sale, or bankruptcy proceedings, it may transfer or share some or all of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

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• Security and confidentiality

The Platform implements organizational, technical, software, and physical measures to ensure the security of personal data against unauthorized access, alteration, and destruction. However, it is important to note that the internet is not a completely secure environment, and the Platform cannot guarantee the security of information transmitted or stored online.

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• Exercise of user rights

In compliance with applicable data protection regulations, users have the following rights:

• They can update or delete their data by logging into their account and adjusting its settings;

• They can delete their account by contacting GWD via the contact form. Note that information shared with other users, such as forum posts, may remain publicly visible even after the account is deleted;

• They can exercise their right to access their personal data by requesting this information via the contact form. In such cases, the Platform may require proof of identity before implementing this right;

• If the personal data held by the Platform is inaccurate, users can request updates by contacting GWD via the contact form;

• Users can request the deletion of their personal data, in accordance with applicable data protection laws, by contacting GWD via the contact form.

Changes to this clause

The Platform reserves the right to modify this data protection clause at any time. If any changes are made, the Platform commits to publishing the new version on its site. The Platform will also notify users of the modification via email at least 15 days before the effective date. If a user disagrees with the new terms, they have the option to delete their account.

Prices – Payment

Prices may change without notice. Products are always invoiced at the rate in effect at the time of delivery. Payment is required immediately upon order, including for pre-ordered items. In the event of late payment, penalties will be calculated at three times the legal interest rate in effect in France. In accordance with articles 441-6c and 441-5c, any late payment automatically incurs a fixed compensation of €40 for recovery costs.

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• Liability waiver agreement

In consideration of the purchase and/or use of a HORUE product, you acknowledge having read and understood the information, instructions, and risks associated with water sports and accept the following terms to the maximum extent permitted by law:

• You waive all present and future claims against GWD or any of its agents resulting from the use of this product or any of its components.

• You release GWD or any of its agents from any liability for loss, damage, injury, or expenses you or others may incur from using this product, regardless of the cause, including negligence or failure by GWD or its agents regarding the design or manufacturing of this product.

In the event of the buyer's death or incapacity, this agreement remains effective and enforceable for their heirs, relatives, executors, administrators, successors, and representatives. By using the HORUE product, you accept all known and unknown risks of injury that may occur to you or others. Risks can be significantly reduced by following safety and usage guidelines and exercising good judgment.

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Legal Notices

Company name: GLOBAL WATERSPORTS DIFFUSION
Address: 6 RUE DU LOTISSEMENT CHAMPAGNE, 13500 MARTIGUES
SIRET: 98381426000011
RCS Number: 983 814 260 R.C.S. Aix-en-Provence