Terms and Conditions of Purchase

Version of 11 June 2018

Preamble

World Gliss PTY LTD an Australian company whose registered office is located at 25 burton street Glebe NSW 2037 Register under number ABN : 636854941and ACN 636854941 Date of incorporation 16/10/2019 (hereinafter “World Gliss”) publishes and runs the Akewatu online classified adverts website accessible on the internet network at http://www.akewatu.com.au (hereinafter “Website”).

These general terms and conditions of Purchase (the “General Terms and Conditions”) govern all orders placed on the Website.

ARTICLE 1 - OBJECT

1.1. The Website makes it possible to connect natural persons or legal entities, acting in a professional capacity or otherwise (hereinafter the “Sellers”), wishing to sell new or second hand sports equipment for the so called “surfing”, “snow”, “kitesurf” or “Purchase” disciplines (hereinafter the “Products”) and people wishing to purchase this type of equipment (hereinafter the “Purchasers”).

1.2. Status as an intermediary: As an intermediary, World Gliss is never a party to the transactions and the Website's users (the "Users") are the sole decision-makers for the realisation of the purchase and sale of the Products. In addition World Gliss cannot guarantee that the Sellers' Products will comply with the Purchasers' expectation.

1.3. Sellers acting in a professional capacity (the "Professional Sellers") must identify themselves as such with World Gliss. These Sellers are required to comply with the laws and regulations relating to the exercise of a commercial business making sales on a professional basis to individuals. Sellers acting in a professional capacity must also ensure compliance with their tax or social security reporting obligations.

1.4. Use of the Website, the creation of an account and the purchase/or sale of Products is subject to compliance by the Users of the World Gliss's General Terms and Conditions of Use.
These General Terms and Conditions are supplemented by the Special Terms and Conditions applicable to the Professional Sellers and the Special Terms and Conditions applicable to the Non-Professional Sellers.

ARTICLE 2 - PLACING THE ORDER

2.1. When placing the order, the Purchaser shall pay in advance for the Product(s) purchased from the Seller in the manner described in Article 3 the General Terms and Conditions.

2.2. World Gliss will contact the Seller at the e-mail address indicated on their registration with the Website informing them that the Product offered by them on the Website has found a buyer and will ask them to confirm the availability of the Product.

2.3. Once the availability of the Product has been confirmed by the Seller and payment has been validated, World Gliss will systematically confirm the order of each Purchaser and the arrangements for delivery of the Product in accordance with the provisions set out in article 3 of these General Terms and Conditions.

2.4. If the Product being sold is no longer available, the Purchaser will receive a notification and the order will be cancelled and World Gliss will propose:

  • either another Product in an equivalent price range;
  • or reimbursement of the Product price within a period of 7 days.

2.5. In the event that the Product is not received by the Purchaser within thirty (30 days) the order, the transaction is considered cancelled and the funds will be returned to the Purchaser.

ARTICLE 3 - PAYMENT SERVICES

3.1. The Products are paid for by bank card or by PayPal (hereinafter referred to as the “Payment Service(s)”).

3.1.1. Payment by Paypal

3.1.2. PayPal is a payment service provider specializing in e-money issuance between Purchaser and Seller. In no event is World Gliss responsible for PayPal’s actions or omissions. Paypal is solely responsible for the confidentiality of the Purchaser’s banking information and the transfers of funds and World Gliss hereby declines all liability, to the fullest extent permitted by law.
By choosing payment via PayPal, the User accepts the detailed conditions of use here and in particular the usage costs that may apply.

3.2. Payment by bank card

3.3. Payment by credit card is made via the Company's «Stripe Payments Europe, Ltd» bank payment service provider, which is certified for the «PCI-DSS» standard which guarantees the confidentiality and security of bank data and ensures the smooth running and the security of the financial transaction.
The Credit or Debit Card Payment Service is performed by Stripe Payments Europe, Ltd, (hereinafter referred to as «Stripe») through the Stripe solution for all credit card payment services.
By using the credit card payment system offered on the Site, Users agree to the Stripe terms of use detailed [here] and in particular the user fees that may apply. World Gliss is not responsible for any acts or omissions by Stripe.
Paypal is responsible for the confidentiality of Buyer's banking information and transfers of funds and World Gliss hereby disclaims all liability, to the fullest extent permitted by law.

3.4. The Purchaser warrants that they are fully authorised to use the bank card or their Paypal account to pay their order and that this means of payment gives access to sufficient funds to cover all costs associated with the purchase of the Product.

ARTICLE 4 - DELIVERY PROCESS AND RETURN POLICY

4.1. PURCHASE FROM A PROFESSIONAL SELLER

4.1.1. The Professional Seller warrants compliance of the Product with the specifications indicated in the offer.
The Product is delivered by the service providers chosen by World Gliss. The Products will be sent to the delivery address indicated by the Purchaser during the order process. The cost, deadlines and terms of the delivery service are indicated to the Purchaser at the time of the order.

4.1.2. Contractual warranty of compliant delivery: if the Product does not primarily comply with its description on the Website, the Purchaser must inform World Gliss using the contact form within 2 days of receipt. The claim must be detailed and clearly indicate the reasons for the non-compliance of the Product. World Gliss will contact the Seller immediately to inform them of this. The Purchaser and Seller must take all necessary steps to resolve the complaint successfully. Payment of the transaction price will be suspended until the resolution of the claim or within the period of 30 days, depending on the first payment due date.
In the event of proven non-compliance or non-resolution of the claim within 30 days, the Purchaser may be reimbursed for the full amount of the order if the replacement of the Product proves impossible. The costs of returning the Product shall be borne by the Seller. The Purchaser undertakes to protect and pack the Product so as to guarantee its integrity during transport.
Statutory warranties for compliance and latent defects: The contractual warranty is without prejudice to the provisions relating to the statutory warranty of compliance and latent defects due by the Professional Seller to the Purchaser and whose textual foundations are attached for information to these General Terms and Conditions, it being the case however that World Gliss can never be held liable in this respect, World Gliss being exclusively an intermediary and not participating in the transaction.

4.1.3. Right to withdraw – applicable only to Products purchased from a professional Seller
Exclusively for Products purchased from a professional Seller registered as such on the Website, the Purchaser acting on a non-professional basis has a discretionary right to withdraw within fourteen days of the actual receipt of the Product.
Prior to any return of a Product, the Purchaser shall notify their intention to withdraw by returning the withdrawal form duly completed and signed to the following contact e-mail address: [email protected]
World Gliss will contact the Purchaser to inform them of the arrangements to return the Product to the Seller and will immediately contact the Seller to inform them of the exercise by the Purchaser of their right to withdraw.
The Product must be returned complete, with all its accessories and documents in its packaging and in a package that guarantees the integrity of the Product when it is shipped. The Purchaser must return their product no later than fourteen days after their decision to withdraw.
The return of the Product shall give rise to a refund equal to all the sums paid by the Purchaser, i.e. at the purchase price of the Product(s) purchased and the delivery costs.
The costs of return incurred by exercising this right will be borne by the Purchaser, which has been informed at the time of the order of the cost of returning the Product.
The Purchaser shall be reimbursed by any means of payment within fourteen days of receipt by World Gliss of the request to exercise the right to withdraw by the Purchaser. However, this reimbursement period may be delayed until the Seller recovers the Product or until the Purchaser has provided proof of shipment of the relevant Product.

4.2. Purchase from a non-professional seller

4.2.1. In the event of purchase from a Non-Professional Seller, the compliance of the Product is checked by a partner store. In the event that the Product is deemed non-compliant by the employee of the partner store, the partner store will immediately inform World Gliss of the non-compliance of the Product, which will immediately inform the Purchaser of this.

4.2.2. The Purchaser will still be able to accept the Product or offer a new price that the Non-Professional Seller may or may not accept. In the event of a refusal, the transaction will be cancelled and the Purchaser will be immediately refunded.

4.2.3. The Product is delivered by the service providers chosen by World Gliss. The Products will be sent to the delivery address indicated by the Purchaser during the order process. The cost, deadlines and terms of the delivery service are indicated to the Purchaser at the time of the order.

4.2.4. When the Product is purchased from a Seller which does not act in a professional capacity, the Purchaser does not benefit from the statutory warranties of compliance and latent defects recalled at article 4.1

4.2.5. When the Product is purchased from a Seller which does not act in a professional capacity, the Purchaser does not benefit from the statutory warranties of compliance and latent defects recalled at article 4.1

ARTICLE 5 - OWNERSHIP AND TRANSFERS OF RISKS

The ownership of the Product is transferred to the Purchaser upon the complete transfer of the transaction amount to the account of the Professional Seller. The transfer of risks occurs when the Product is delivered to the Purchaser.

ARTICLE 6 - GENERAL OBLIGATIONS OF THE PROFESSIONAL SELLER WITH REGARD TO THE PURCHASER

6.1. Claim for non-compliance or non-receipt of the Product

ARTICLE 7 - LIABILITIES

7.1. The Purchasers understand and agree that World Gliss is not liable for the acts or omissions of the Sellers.

7.2. How World Gliss collects and processes Users’ personal data is described in the Privacy Policy in our Terms and Conditions.

7.3. Amendments
World Gliss may amend the General Terms and Conditions in order to adapt them to the laws or regulations in force or in the process of being adopted, to a decision issued by a Court, by the legislator or by any other authority with jurisdiction over the content of the Website, to correct any error that has not yet been detected, or for the purpose of adapting or modifying the services offered through the Website.
Purchaser will be informed of any amendment to the General Terms and Conditions by e-mail sent to the address they indicated at the time of their registration and will be deemed to have accepted the changes if they continue to use the Website after the amendments have been made.

ARTICLE 8 - PERSONAL DATA

How World Gliss collects and processes Users’ personal data is described in the Privacy Policy in our Terms and Conditions.

ARTICLE 9 - GENERAL PROVISIONS

9.1. Amendments
World Gliss may amend the General Terms and Conditions in order to adapt them to the laws or regulations in force or in the process of being adopted, to a decision issued by a Court, by the legislator or by any other authority with jurisdiction over the content of the Website, to correct any error that has not yet been detected, or for the purpose of adapting or modifying the services offered through the Website.
Purchaser will be informed of any amendment to the General Terms and Conditions by e-mail sent to the address they indicated at the time of their registration and will be deemed to have accepted the changes if they continue to use the Website after the amendments have been made.

9.2. If any provision of these General Terms and Conditions is contrary to applicable law, or becomes, for any reason whatever, in whole or in part null [and void], the remaining provisions of the General Terms and Conditions remain valid.

9.3. The invalidity of one or more clauses of these General Terms and Conditions shall not entail the nullity the said General Terms and Conditions.

9.4. The effect of this Agreement is not to create a partnership, working relationships, relations between a sales agent and its customer, or franchise relationships between World Gliss and the Users.

9.5. Jurisdiction and applicable law
These Special Terms and Conditions are governed by French law. In accordance with the provisions of the Consumer Code concerning amicable settlement of disputes, World Gliss joins the FEVAD e-commerce ombudsman service (Fédération du e-commerce et de la vente à distance - Federation of e-commerce and mail-order selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.
After prior written request to World Gliss, the Mediator's Service may be contacted by any Purchaser for any consumer dispute whose settlement has not been reached according to the procedure for referral appearing here.
The Purchaser may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the User’s claim to the notified competent national mediators. Otherwise, the French courts will have jurisdiction.

SCHEDULE – STATUTORY WARRANTIES

Article L. 217-4 of the Consumer Code

"The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility."

Article L. 217-5 of the Consumer Code

“The product is conform to the contract:
1º If it is suitable for the purpose usually associated with such a product and, if applicable:

  • if it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;
  • if it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising or labelling;
2º Or if it has the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made know to the seller and which the latter agreed to.

Article L. 271-7 of the Consumer Code

“Defects of compliance which appear within twenty-four months with effect from the delivery of the product are presumed to exist at the time of delivery, unless proven otherwise. For second-hand products, this period is set at six months. The seller may counter this presumption if it is not compatible with the nature of the product or the defect of compliance invoked."

Article L. 217-10 of the Consumer Code

« If repair and replacement of the product is impossible, the purchaser can return the product and have the price returned or keep the property and have part of the price paid.<br/> The same option is open to him:

  • 1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the purchaser’s claim;
  • 2º Yet if this solution cannot be implemented without major disadvantage for the latter given the nature of the product and the use he seeks [of it].
However, the sale cannot be terminated if the non-compliance is minor. "

Article L. 217-12 of the Consumer Code

"The action resulting from lack of compliance lapses two years after delivery of the product."

Article 1641 of the Civil Code

"The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use so that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

Article 1644 of the Civil Code

"[...] the purchaser has the option to return the item and have the price refunded, or to keep the item and to have part of the price paid, as decided by experts."

Article 1648 para. 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within a period of two years following the discovery of the defect."

WITHDRAWAL FORM

Please complete and return the form and your order number only to the following email address [email protected] if you wish to withdraw from the contract.

I hereby notify you of my withdrawal from the contract relating to the sale of the Product below:

Ordered on:
Received on:
Order number:
Name:
Address:
Date: