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ARTICLE 1 – FIELDS OF APPLICATION AND MODIFICATION OF THE GENERAL CONDITIONS OF SALE

These general conditions of sale apply to all orders placed on the site www.kaluasofty.com  or www.kaluawaveski.com or by quote validation via our e-mail contact@kaluasofty.com ou virgile@solamanzi.com ou oceane.solamanzi.com 
The KALUA SOFTY brand belongs to SAS Solamanzi, which reserves the right to adapt or modify these general conditions of sale at any time.
In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

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ARTICLE 2 – AVAILABILITY OF PRODUCTS

Upon receipt of your order, we check the availability of the product(s) ordered.
In the event of unavailability, we undertake within 30 days from the validation of the order either to deliver the ordered product to you, or to offer you a similar product at a similar price, or to reimburse you by bank transfer, by check, or in the form of a credit note.

We only sell items available in stock or on order, available from our suppliers.

The date of validation of the order corresponds to:
-The date of the order in case of payment by credit card online,
-The date of receipt of the check in the event of payment by check,
-The date of receipt of the transfer in the event of payment by transfer,
In the event of an exceptional out of stock on one of the products in your order, we can ship the rest of your order with your agreement.

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ARTICLE 3 – VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE

Any validated basket or quote and/or signed invoice constitutes irrevocable acceptance which can only be challenged within the limits provided for in these general conditions of sale.
The click associated with the authentication and non-repudiation procedure and the protection of message integrity constitutes an electronic signature.
This electronic signature has value between the parties in the same way as a handwritten signature.

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ARTICLE 4 – PRICE

SAS Solamanzi reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

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ARTICLE 5 – TERMS OF PAYMENT AND SECURITY

In all cases, payment is made in Euros. For delivery outside the EEC, invoicing is exclusive of tax. The shopping cart automatically calculates whether or not the country of delivery is subject to French VAT (20%). It is also possible to ship to France including tax, and to provide a tax refund slip (subsequent refund of VAT) for people residing outside Metropolitan France.

You can pay:

  • By Credit Card :
    – Payment is made on a secure bank server.
    – No information passes through the Solamanzi site.
    – Payment by credit card is therefore perfectly secure.
    – Your order will be recorded and validated upon acceptance of payment.
    – By bank check payable to 'Solamanzi' only for holders of a bank account domiciled in France:
    – Your order is then reserved for 7 days.
    – Beyond this period, and without receipt of your check, it will be cancelled.
    – The order will only be processed upon receipt of your check and after validation by our accounting services.

  • Securing:
    – Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network.
    – Solamanzi does not keep these details after the transaction.
    – This is why you are asked for them again with each new transaction on our site.

Title retention clause :
The products remain the property of Solamanzi until full payment of the order by Solamanzi.
However, from the time of delivery, the risks of the delivered goods are transferred to the customer.
The goods remain the property of the seller until full payment (law 80335 of 12.05.80)

Default of payment:
Solamanzi reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Any late payment will result in a penalty of an amount equivalent to 3 times the legal interest rate, and will entitle you to compensation for recovery costs amounting to €40. Excess expenses may be claimed upon justification.

NB: The exchange rates being linked to daily variations, the prices displayed currency different from the Euro sur www.kaluasofty.com  are for information only.

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ARTICLE 6 – TERMS AND DELIVERY TIMES

For delivery in metropolitan France:

General:
For reasons of parcel tracking, it is impossible for us to deliver orders to bases or other premises of the Armies outside Metropolitan France.
The products are delivered to the delivery address indicated during the ordering process.
All shipments are insured for the actual value of the goods.

We always advise you to check the goods at the time of delivery.
In all cases, you have a maximum period of 24 hours to report any dispute to us.
Attention, in case of problem, keep the original packaging.

We decline all responsibility in the event of delays due to strikes or natural disasters…

Shipping fees :
For all orders, shipping costs will be calculated upon validation of your order by our sales team.

Shipping times:
Any item available in stock is usually dispatched within 24 hours.
These are average times which correspond to the processing, preparation and shipping times for your order.
To this time, the delivery time of the carrier must be added.

Delivery time :
The product ordered is delivered by the postal circuit or by an independent carrier, depending on the nature of the product ordered and at the sole initiative of SAS Solamanzi, to the address appearing on the order form.
The announced deadlines are indicated on departure from our warehouse.
The choice of delivery method depends on the weight, volume and value of the items.

From package to delivery:
You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (damaged product, etc.).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
You must also report anomalies by registered mail and confirm your reservations to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to the following address:

SOLAMANZI
1156 rue de Tourbride

85150
France

If the products require a return, they must be the subject of a return request to our Customer Service within 7 days of delivery.
Any complaint made outside this period cannot be accepted.
The return of the product can only be accepted in its original state (packaging, accessories, instructions, etc.).
If at the time of delivery, the original packaging is damaged, torn or opened, you must imperatively check that it contains all of your order, and if necessary, note a reservation on the delivery note specifying the nature of the damage.
We advise you to carefully check your delivery address when summarizing the order.
In the event of an error in the shipping address, the shipping costs for a new shipment will be borne by the customer.

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ARTICLE 7 – RESPONSIBILITIES

SAS Solamanzi cannot be held liable for non-performance of the contract concluded due to force majeure, disturbances or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire.

With regard to products purchased to meet professional needs, Solamanzi will not incur any liability for any consequential damages, because of the present, operating loss, loss of profit, damages or costs, which may arise.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer.
The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of Solamanzi's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal envisaged in art.8 of our conditions of sale.
In the event of a hidden defect, you have the choice of canceling the order, or keeping the product against a price reduction.

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ARTICLE 8 – RIGHT OF WITHDRAWAL

In accordance with art. L.121-16 and following, of the Consumer Code, the customer has a period of 7 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs.

Before returning your product, you must have your return agreement number (cf. art. 9, Right of return).
The product must be returned in good condition, accompanied by all the accessories (notices, accessories, guarantees, etc.), in its original packaging, and unused.
In this case, they must be returned to us in their original packaging, and must not have been opened.

Products made especially for the consumer (made to measure such as waveski boards, paddles and 3D preshapes) are not subject to the right of withdrawal and cannot be refunded.

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ARTICLE 9 – RIGHT OF RETURN

You have a period of 7 days from receipt of your package to notify our Customer Service 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 a return for defect or non-compliance.
A prior request to our Customer Service must be made.

Return costs are the responsibility of the consumer, except in the case of a reference error on our part. We will then reimburse you within 30 days for the costs incurred, subject to proof.
In the event of a hidden defect, you have the choice between canceling the order or keeping the product for a price reduction after prior request to our Customer Service.​

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ARTICLE 10 – WARRANTY AND SALES

To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
We remind you that you also benefit from the legal guarantee against hidden defects pursuant to art. 1641 and following of the civil code.

SAS SOLAMANZI offers a 12-month warranty on all accessories and boards from the date of receipt.

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The warranty only covers items purchased from SAS SOLAMANZI and/or from www.kaluasofty.com and is not responsible for any costs, losses or damages incurred as a result of a warranty claim.

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The warranty remains valid for the original purchaser and cannot be transferred in the event of donation or sale of articles.

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All products returned to SAS SOLAMANZI under warranty must include a return authorization notice, which is provided by the customer service.

SAS SOLAMANZI undertakes to send a dispatch note for the return of the goods. The original packaging or suitable replacement (supplied by the customer) must be used. Shipping charges are non-refundable.

 

Warranty limits: 

Despite all the attention and seriousness given to manufacturing and production control, no product is indestructible and we must exclude the following:

  • General wear.

  • Damage caused by misuse or neglect of the product.

  • Damage caused by use exceeding the maximum user weight.

  • Damage caused by insufficient packaging during transport of the item.

  • Damage caused by the use of solvents and adhesives.

  • Damage caused by anything other than defects in materials or workmanship.

  • All claims for consequential damages.

  • Boards purchased from unauthorized dealers.

  • Damage or defects caused by impact with materials or objects (rocks, docks, other boards, etc.).

  • Damage or defects caused by use outside of the intended use.

  • Damage or defects caused by dents, also known as pressure dents.

  • Damage or defects caused by improper storage at temperatures above 32°C and below 0°C.

  • Damage or delamination caused by overheating resulting from exposure to direct sunlight when the board is not in use.

  • Damage or defects caused by wave impact and/or impact with the ocean/lake bottom.

  • Damage or defects caused by storing the board in closed, damp conditions (e.g. wet board bag).

  • Damage to the aileron or aileron box caused by impact.

  • Damage caused by assembly that does not respect the recommendations. 

  • Damage and bodily injury caused to the user when using the board. 

  • Damage and bodily injury caused by the user to others when using the board. 

 

The warranty is only valid if the product is used for stand-up paddling or kayaking, for leisure use and does not cover products used for rental, for teaching, or for competition.

Note that equipment that has undergone modifications and which no longer conforms to its original configuration cannot be supported by our after-sales service.

If any modification, change or alteration is made to the product that is not specifically authorized in writing by SAS SOLAMANZI, all warranty coverage will be void.

Any board repaired or replaced will be warranted for the remainder of the warranty period from the date of original receipt.

All warranty returns must be sent to us within 30 days of receipt of return authorization.

Warranty, returns and/or product replacements are only applicable/claimable in the following countries: UK, Germany, Mainland Spain, France, Netherlands, Italy, USA and Australia.

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After receipt of any return item under warranty, it will undergo our routine checks. We will then be able to follow up on your case and exchange or refund your item.

Up to 60 days: During the first 60 days of warranty, refund or replacement may be offered.

60 days to 6 months: Between 60 days and 6 months from receipt of your product, a replacement may be offered to you.

From 6 months: From 6 months, if necessary, an identical reconditioned replacement can be offered.

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In some cases, when the situation allows, replacement parts can be sent without the need to return your board. It is the most eco-responsible method.

Please note that it may take up to 14 days to process a return once we have received your product.

This warranty is in addition to and does not affect your legal rights under any law.

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Old exhibition boards

Please note that all old show SUPs come with no warranty. When purchasing this item, you waive any right to a replacement, and this will be at the discretion of SAS SOLAMANZI.

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ARTICLE 11 – PROVISIONS OF THE “COMPUTER AND FREEDOMS” LAW

At any time, you have the right to access, modify, rectify and delete data concerning you (art. 34 of the law "Informatique et Libertés" of January 6, 1978).

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ARTICLE 12 – COMPANY DETAILS

For brand KALUA SOFTY 

SOLAMANZI SAS
1156 rue de Tourbride
85150 Sainte Foy 
France
879 740 199 RCS La Roche Sur Yon
Tel: (+33) 06.58.87.19.20

For any information concerning the conditions of sale contact@solamanzi.com or +33(0)6 58 87 19 20