Legal notice

This website www.manera.com (the "Website") is published by F-ONE, a simplified joint-stock company (SAS) with share capital of EUR 45,000, registered with the Montpellier Trade and Companies Register under number 380 726 687, whose registered office is located at 170, Route de la Foire, ZAC d’activités de la Méditerranée, 34470 Pérols, France.

Telephone: +33 (0) 4 67 99 51 16

F-ONE sells products under the F-ONE and MANERA brands, including textiles, wetsuits, water and beach accessories, harnesses and impact vests (the "Products").

Email: contact@manera.com

Publishing Director: Raphael Salles

The Website is hosted by: BCi soft, 8 square des marronniers, 49170 Saint Martin du Fouilloux – Tel.: +33 (0)2.53.35.43.21

In compliance with the AGEC Law (Combating Food Waste and the Circular Economy), F-ONE SAS is a member of the following approved eco-organisations:

• Ecologic – unique identifier: A2027; and
• Refashion – unique identifier: 4000030796

for the purpose of declaring products placed on the market that fall within the relevant waste streams and paying the corresponding eco-contributions, intended to finance the prevention, collection, reuse, recycling and end-of-life treatment of these products.

Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

"Terms and Conditions": means this document available on the Website.

"Payment Provider": means Société Générale – 29 boulevard Haussmann, 75009 Paris, France, RCS no. 552 120 222, authorised to carry out its activities within the European Economic Area as an electronic money institution licensed by the ACPR.

"Payment Solution": means the online payment service made available to You by F-ONE. This solution enables payment for orders and transfer of the corresponding amount to F-ONE and is operated directly by our Payment Provider.

"Website": has the meaning given to it in the legal notice of these Terms and Conditions.

"You": means any individual acting for personal purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity.

"Products": has the meaning given to it in Article 2 of these Terms and Conditions.

Article 1 - Preamble

These Terms and Conditions are entered into between F-ONE SAS and You when You wish to make a purchase on the Website.

The Terms and Conditions are drafted in French in their original version, which alone shall be authentic and prevail over any other version.

These Terms and Conditions and their appendices exclusively govern Your relationship with F-ONE SAS.

These Terms and Conditions apply to the exclusion of all other terms and conditions.

You may access the Terms and Conditions on the Website at any time.

You declare that You are an individual who has reached the legal age of majority required to enter into a contract and are legally capable of placing an order.

You must have read and accepted the Terms and Conditions by ticking the box provided for this purpose before starting the online ordering process.

Accordingly, validating the order constitutes acceptance of the Terms and Conditions without restriction or reservation.

If any provision of the Terms and Conditions is deemed illegal or unenforceable by a court decision, the remaining provisions shall remain in force.

The applicable version of the Terms and Conditions is the version in force on the Website on the date the order is placed.

F-ONE SAS reserves the right to amend the Terms and Conditions at any time. Any amendments shall apply to all orders placed from the date they are posted on the Website. You must therefore read and accept the Terms and Conditions before placing any new order.

A printed version of the Terms and Conditions, as well as any information sent electronically, shall be admissible in any legal proceedings concerning the application of the Terms and Conditions in the same manner and under the same conditions as any other written document kept in paper form.

The failure to exercise, at any time, any right granted under the Terms and Conditions, or to require enforcement of any provision of the agreement arising from these Terms and Conditions, shall in no event be construed as a modification of the contract, or as an express or implied waiver of the right to exercise such right in the future, or to require performance of the commitments set out herein.

Article 2 - Products

The products governed by these Terms and Conditions are those listed on the Website and identified as being sold and shipped by F-ONE SAS (the "Products"). They are offered subject to availability.

The essential characteristics and prices of the Products are described and presented as accurately as possible on each Product page of the Website, including their essential characteristics and all material information required by applicable regulations, such as specifications, illustrations, dimensions, sizes, shapes, colours, prices, etc.

You expressly declare that You have read this information before placing Your order, as part of the pre-contractual information provided to You, and more generally that You have received from F-ONE SAS all information that is material to Your consent and that You are making Your choice and purchasing the Products under Your sole responsibility.

Article 3 - Prices

3.1 Prices

The prices of the Products are stated in Euros, including all taxes. They include VAT and any discounts applicable on the date of the order.

Use of the Website requires an Internet connection and a device capable of accessing the Internet. You are solely responsible for any telecommunications costs associated with accessing the Website, the amount of which depends on the terms of your subscription with your Internet service provider.

Product prices exclude delivery costs (shipping, packaging and preparation of the parcel at the applicable rates). The delivery costs will be specified before the order is validated.

If one or more taxes or contributions, in particular environmental taxes or contributions, are introduced or amended, whether increased or decreased, this change may be reflected in the selling price of the Products displayed on the Website and on the various sales materials.

The prices applied are those displayed on the Website on the date the order is placed. Accordingly, a price cannot be changed once Your order has been validated. However, in the event of a pricing error (a price that is manifestly disproportionate to the actual value of the Product), F-ONE may cancel the validated order. This measure shall remain exceptional.

3.2 Commercial benefits, promotional offers, sales, private sales, loyalty programme, gift cards and vouchers

Any promotions granted in the form of discount vouchers are valid for one order per person only and for a specified validity period, and may not be combined with other promotional offers.

F-ONE SAS may offer promotional codes, sales, discounts, private sales, loyalty programmes, vouchers or gift cards, subject to the conditions displayed on the Website at the time they are issued or used. These benefits are personal, non-transferable, valid for the stated period and may not be combined with one another, unless expressly stated otherwise.

Discounts and promotional benefits apply only to eligible Products and, unless otherwise stated, do not apply to delivery costs, return costs or other optional services. In the event of a full or partial return of an order that benefited from a promotional offer, F-ONE SAS reserves the right to recalculate the refund amount taking into account the eligibility conditions of the relevant benefit.

Private sales may be reserved for certain Customers or prospects, in particular holders of a customer account, newsletter subscribers or recipients of an invitation. Access to a private sale does not guarantee Product availability, as Products remain subject to availability.

Where offered, the loyalty programme is governed by the specific terms brought to the attention of Customers. Any loyalty points, credits, statuses or benefits granted have no monetary value, do not constitute a means of payment except as expressly provided for, and may be amended, suspended or discontinued for the future, subject to respecting rights already acquired by the Customer in accordance with the applicable terms.

Products sold at a discount or during sales benefit from the same statutory warranties as Products that are not discounted or on sale. Sales are conducted during the statutory periods applicable and concern Products offered for sale under the conditions laid down by regulations. Any price reduction announcement shall, where legally required, state the previous reference price, corresponding to the lowest price charged by F-ONE SAS to all consumers during the thirty days preceding application of the reduction, subject to the exceptions provided for by applicable regulations.

In the event of a full or partial return of an order that benefited from a commercial benefit, the amount refunded corresponds to the price actually paid by the Customer for the returned Products, after taking into account the benefit used. If a partial return causes the order to cease meeting the eligibility conditions for an offer, free shipping, a discount voucher, a purchase voucher, a gift card or a loyalty benefit, F-ONE SAS may recalculate the amount remaining due or the amount refunded in accordance with the offer terms and within the limits permitted by applicable regulations.

F-ONE SAS reserves the right to refuse, suspend or cancel the use of a commercial benefit in the event of an obvious error, fraudulent, abusive or non-compliant use, an attempt to circumvent the applicable rules, or an order that does not comply with these Terms and Conditions.

Where F-ONE SAS offers free shipping above a certain order amount, the eligibility conditions and applicable threshold are indicated on the Website. If a partial return causes the retained order to fall below the eligibility threshold, F-ONE SAS may deduct from the refund the delivery costs that would have been payable in the absence of free shipping, within the limits permitted by applicable regulations.

Article 4 - Orders

4.1. Prior identification

If You do not wish to receive commercial telephone solicitation, You may register free of charge on the Bloctel telephone solicitation opt-out list at www.bloctel.gouv.fr

To place an order on the Website, You may choose to:

• place an order as a guest, without creating a customer account; or
• log in to Your customer account, if You already have one; or
• create a customer account, if You wish to benefit from the features associated with that account.

Creating a customer account is therefore not mandatory to place an order on the Website.

If You place an order as a guest, You must provide the information necessary to process Your order, including Your first and last name, email address, telephone number, delivery address and, where applicable, billing address. This information is necessary to register, pay for, deliver and track Your order.

If You choose to create a customer account, You must complete a form containing the required information, including Your first name, surname, telephone number, email address, password, date of birth, and any information necessary in view of the purpose of the processing.

You undertake to provide accurate, up-to-date and complete data and to keep it accurate (You are responsible for updating Your personal information).

When You create a customer account, access to the account is protected by a personal and confidential password. You undertake to keep it secret and not disclose it to any third party for any reason. You are responsible for Your password. If You become aware that Your account is being used fraudulently, You undertake to report it immediately to: contact@manera.com

Any order placed from Your account shall be deemed to have been placed by You.

If You no longer wish to receive these emails, You may at any time send an unsubscribe request by email to contact@manera.com

In the event of non-compliance with the Terms and Conditions and/or the Website Terms of Use, accessible at www.manera.com, which You declare to have read and accepted, F-ONE SAS reserves the right to suspend access to a customer account or delete it.

4.2. Recording and validation of the order

You may place Your order online through the online shop accessible on the Website.

To place an order, You must:

• Go to the Website;
• Browse the different Product sections;
• Select a Product and read the Product description, price and characteristics;
• Click “ADD TO CART” if You wish to order the Product;
• In Your cart, a summary of the order is displayed; check the order details and, where applicable, correct any errors;
• Select “ORDER AND PAY”;
• Select “Order as a guest” or “Log in” if You already have an account.

Ordering as a guest:

If You have selected “Order as a guest”, You must enter Your first name, surname and email address and, if You wish, Your date of birth.

You must read these Terms and Conditions and the Privacy Policy available on the Website.

To continue with the order, You must tick “I accept the terms and conditions and the privacy policy” and “Customer data privacy notice

In accordance with Law No. 78-17 of 6 January 1978, You have the right to access, rectify and object to the processing of personal data concerning You.”

If You wish, You may also tick “Receive offers from our partners” and “Receive our newsletter” (You may unsubscribe at any time. Our contact details for this purpose are provided in the Website Terms of Use.)

Then click “CONTINUE”.

Enter the delivery and billing information if the billing address differs from the delivery address.

Click “PROCEED TO DELIVERY”.

Ordering from an existing account:

Click Log in and enter the email address and password chosen when You created Your account.

Select the delivery method (Chronopost, pickup point or home delivery).

Click “PROCEED TO PAYMENT”.

Choose the payment method.

• Read the Terms and Conditions;
• Declare that You have read and accepted the Terms and Conditions by ticking the box “I have read the terms and conditions of sale and accept them without reservation”;
• Review the order summary and, where applicable, amend it;
• Once Your cart has been validated, enter Your payment method;
• Click “ORDER” – this final step formalizes the sales contract with F-ONE;
• Follow the instructions on the payment platform.

Every order placed on the Website is an order with an obligation to pay.

Every order constitutes acceptance of the prices and descriptions of the Products available for sale.

You may print the order form corresponding to Your order.

F-ONE SAS will acknowledge receipt of Your order as soon as it has been validated by sending You an email. This acknowledgement of receipt specifies the exact amount charged, the Products ordered and their quantities, the delivery arrangements and refers to these Terms and Conditions. You agree that the order recording systems constitute proof of the purchase and its date. By keeping and/or printing this email, You have proof of Your order, which we recommend that You retain.

In certain cases, in particular in the event of non-payment, an incorrect address or any other problem relating to Your account, F-ONE SAS reserves the right to block Your order until the issue has been resolved.

In view of the increase in online fraud and in order to secure payments, F-ONE SAS may check the order details before delivery for any order placed on the Website.

F-ONE SAS reserves the right to cancel any non-compliant or suspicious order for legitimate reasons, in particular where the quantities ordered are abnormally high compared with quantities normally ordered by consumer customers, or where the order is placed by a customer with whom there is any dispute.

After payment has been accepted, You may request cancellation of Your order as long as it has not yet entered the preparation stage. If the order is already being prepared or has been shipped, it can no longer be cancelled and You must, where applicable, exercise Your right of withdrawal under the conditions set out in Article 7 of these Terms and Conditions.

If an ordered Product becomes unavailable, You will be informed by email. You may cancel the order for that Product. Any refund (only Products available at the time of the order may be charged, as opposed to back-ordered Products) will then be made without delay and no later than 14 (fourteen) days after payment of the sums You have paid, with the remainder of the order remaining firm and final.

If a Product becomes unavailable after the order has been validated, F-ONE SAS will inform You as soon as possible and refund the unavailable Product, without offering a credit note or restocking period, unless You expressly agree otherwise.

• if the unavailable Product was the only Product in the order, F-ONE SAS will refund the entire order, including any delivery costs;
• if the unavailable Product represented only part of the Products ordered, F-ONE SAS will refund the price of the unavailable Product.

Any amendment to the order after confirmation is subject to F-ONE SAS’s express acceptance. However, F-ONE SAS reserves the right to make changes to the Product ordered that are related to technical developments under the conditions set out in Article R.212-4 of the French Consumer Code.

For any questions regarding order tracking, You may consult Your customer account on the Website or contact customer service via the contact form indicated on the Website or the help centre/FAQ available on the Website.

Article 5 - Payment terms

Payment for the order is due in full on the date of the order and in a single payment. For the purposes of this article, payment means the funds have effectively been made available to F-ONE SAS.

An invoice will be issued for each order.

Invoices are payable in euros at the registered office of F-ONE SAS.

You may pay for Your order online at the time of ordering by Visa or Mastercard bank card, as well as by Apple Pay and Samsung Pay when these payment methods are offered on the Website.

Where F-ONE SAS offers gift cards or purchase vouchers that can be used on the Website, these may also be used as a full or partial means of payment, subject to the conditions set out in Article 3 of these Terms and Conditions and the specific terms applicable when they are issued. Your account will be charged when the Products are ordered or, when a gift card or purchase voucher is used, the corresponding balance will be debited when the order is validated. In the event of payment refusal, a payment incident, insufficient balance, expiry or invalidity of a gift card or purchase voucher, the order will be automatically refused or cancelled.

If Your bank refuses the payment, the order will be automatically cancelled.

You are informed that use of the Payment Solution may be subject to the Payment Provider's terms of use and privacy policy, available at the following address: https://entreprises.sg.fr/static/ent/Entreprises/Medias/PDF/Conditions-Generales/CG_Sogecommerce_mars_2021.pdf

Article 6 - Delivery

6.1 Delivery method

The Products ordered by You will be delivered according to the delivery method offered on the Website at the time of the order and selected by You.

Delivery may be made:

• to the address indicated by the Customer when placing the order;
• to a pickup point, where this option is offered;
• by standard or express delivery, where these options are offered at the time of the order;

Deliveries are handled by any carrier or logistics provider chosen by F-ONE.

Orders are prepared and shipped within an indicative period of forty-eight (48) business hours from acceptance of payment, subject to Product availability and excluding exceptional circumstances.

You are responsible for checking the accuracy and completeness of the delivery information provided. F-ONE shall not be liable for any delay, inability to deliver or delivery to an incorrect address attributable to incomplete or incorrect information provided by You.

In the event of an incorrect or incomplete address, an unclaimed parcel, the Customer’s absence or unjustified refusal of the parcel, F-ONE SAS may cancel the order and refund the Customer, less the direct shipping and return costs actually incurred where such deduction is legally permitted.

Delivery shall be deemed completed as soon as the Products are made available to You by the carrier, as evidenced in particular by the tracking system used, the delivery receipt or any other means of proof.

6.2 Delivery

Delivery shall be made to the delivery address You provided when placing the order.

F-ONE SAS shall exercise the utmost diligence in performing the contracts. This applies to the processing of orders as well as the packaging and shipment of Products, including bulky and fragile Products.

F-ONE SAS or the carrier may contact the purchaser to arrange or confirm delivery. You are responsible for providing correct contact details and being reachable for any communication relating to delivery.

You are solely responsible for any failure to deliver due to insufficient information provided when placing the order.

F-ONE SAS will do its utmost to process Your order and deliver it to You as quickly as possible throughout the Member States of the European Union. The maximum delivery period, excluding Products indicated as temporarily out of stock, is 30 (thirty) days from the conclusion of the contract.

After this period, in the event of a delivery delay attributable to F-ONE SAS, You may terminate the sale of the Product by registered letter with acknowledgement of receipt or by any other durable medium (including email with acknowledgement of receipt) if, after having formally required F-ONE SAS by the same means to deliver within an additional period of 15 (fifteen) days, F-ONE SAS has failed to do so within that period.

In this case, the sale shall be deemed terminated upon receipt by F-ONE SAS of the letter informing it of the termination, unless F-ONE SAS has fulfilled its obligation in the meantime.

You may, however, terminate the contract immediately:

• if F-ONE SAS refuses to deliver the Product or it is clear that it will not deliver the Product;
• if F-ONE SAS fails to fulfil its obligation to deliver the Product within thirty (30) days of the conclusion of the contract and this period constitutes an essential condition of the contract for You. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by You before the conclusion of the contract.

In the event of cancellation of the sale, F-ONE SAS will refund You within 14 (fourteen) days from the date of cancellation.

Failure to meet delivery deadlines shall not give rise to payment of any compensation.

In the event of a damaged or lost parcel, or a parcel marked as delivered but not received, F-ONE SAS may file a claim with the carrier and ask the Customer for any information useful for processing the claim, including photographs, a copy of supporting documentation, a sworn statement or reservations made with the carrier.

You are advised to check the apparent condition of the parcel and Products upon delivery and, where applicable, make specific reservations with the carrier. Failure to make reservations does not deprive the Customer of their rights under the statutory warranties, but may complicate the handling of a transport dispute.

Instructions will be provided with the Product, except for textile Products.

Any risk of loss of or damage to the Product is transferred to You when You or a third party designated by You physically take possession of the Product.

6.3. Delivery area

The Products are delivered throughout all Member States of the European Union.

Product prices do not vary according to the country of delivery. However, delivery methods and costs may vary depending on the destination, carrier and parcel volume.

6.4 Delivery costs

Product prices do not include delivery costs, but these will be displayed in the cart when the Order is finally validated.

For all deliveries, Products are shipped by:

• Chronopost for home delivery (France) or pickup point
• Chronopost Europe for home delivery (European Union excluding France) or pickup point

and delivery costs are calculated as a flat rate as follows:

Except where covered by after-sales service or statutory warranties, return costs remain the responsibility of the Customer.

Article 7 - Product returns

7.1. Exercising the right of withdrawal

You have the right to withdraw without giving any reason within fourteen (14) calendar days from the day on which You, or a third party designated by You, physically take possession of the Product(s). In the event of separate deliveries, the period runs from the day on which You, or a third party designated by You, physically take possession of the last Product. To comply with the withdrawal period, it is sufficient for You to send F-ONE Your request to exercise the right of withdrawal before the withdrawal period expires.

During this period, You may return undamaged Products without having to give any reason or pay any penalty. In the event that Products are received damaged, the procedure set out in Article 7.4 shall apply.

All Products may be subject to withdrawal; at this stage, F-ONE SAS provides for no specific exception to the right of withdrawal.

To exercise Your right of withdrawal, throughout the withdrawal period You may use the withdrawal feature provided on the Website by clicking the “Right of withdrawal” button. You may also send F-ONE SAS an unambiguous statement expressing Your decision to withdraw, or use the standard form in Appendix 1 of these Terms and Conditions.

The following information must be entered in the online form to exercise Your right of withdrawal:

• your first and last name;
• detailed information identifying the order You wish to withdraw from; and
• detailed information regarding the electronic means by which You wish to receive the acknowledgement of receipt of the withdrawal.

Once the withdrawal declaration has been completed online, You may submit it using the confirmation function by clicking the “confirm withdrawal” button.

After submitting Your withdrawal declaration, F-ONE SAS will send You an acknowledgement of receipt by email within a reasonable period if You have selected this electronic method.

This acknowledgement of receipt will include, in particular, the content of the withdrawal declaration and the date and time it was sent. F-ONE SAS will provide You with a return label.

You must then return the Products to F-ONE SAS, stating the relevant delivery number, the Products concerned and their quantities, without undue delay and no later than fourteen (14) days after exercising Your right of withdrawal, using the return label provided to You. This deadline is deemed to have been met if You return the Product before the expiry of the fourteen (14)-day period following exercise of Your right of withdrawal.

The direct costs of returning the Products shall be borne by You.

Returned Products must be returned in their original, new, intact and complete condition. Products must show no trace of use, assembly, installation, wear, washing, soiling or damage. Products must be returned with their original packaging and all accessories, protective materials, labels, instructions, documentation and, where applicable, associated technical components.

You may be held liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

In principle, You will be refunded the full amount paid within FOURTEEN (14) days from the date Your withdrawal request is received, less the return costs. However, F-ONE SAS may defer the refund until receipt of the Product at its warehouses or until receipt of proof that Your parcel has been shipped, whichever occurs first.

F-ONE SAS will refund the returned Products, subject to compliance with the above conditions, less the outbound and return delivery costs.

The refund will be made using the payment method used for the order. The direct costs of returning the Products remain Your responsibility, unless they are covered by F-ONE SAS under after-sales service or statutory warranties.

For any other payment method, or in the event of failure or impossibility of the above refunds, the refund will be made by bank transfer. Our customer service will then contact You to obtain the necessary information.

7.3. No commercial exchange or return policy outside the statutory withdrawal period

Except for occasional operations expressly announced on the Website, F-ONE SAS does not offer any commercial exchange or return policy outside the statutory right of withdrawal and statutory warranties.

7.4. Specific case of a non-conforming Product

F-ONE SAS recommends that You inspect the Product upon delivery and, if the Product delivered is non-conforming (incorrect Product, defective, damaged or incomplete Product), make written reservations with the carrier no later than three (3) days after delivery and inform F-ONE SAS as soon as possible by email via the contact form indicated on the Website https://faq.manera.com/hc/fr/requests/new?ticket_form_id=29055578229532, together with all relevant supporting documents (in particular photographs).

Claims relating to a non-conforming Product delivered must be submitted via the after-sales service form available on the Website, together with the relevant supporting documents, in particular photographs showing the condition of the Product and its packaging.

In the absence of a note on the delivery slip, F-ONE SAS may demonstrate that the lack of conformity did not exist at the time of sale.

A written document will be provided to You when You take possession of the Product, stating that You may make reservations, in particular in the event of a Product defect.

In all cases, failure to make reservations upon delivery of the Products does not release F-ONE SAS from the statutory guarantee of conformity described below; the provisions of Article 8 on statutory warranties shall apply.

Article 8 - Statutory warranties

Any claim made under the statutory warranties provided for in Articles L217-4 of the French Consumer Code and Articles 1641 et seq. of the French Civil Code must be sent to:

F-ONE SAS
170, Route de la Foire
ZAC d’activités de la Méditerranée
34470 Pérols
FRANCE

Claims made under the statutory warranties must be submitted via the after-sales service form available on the Website. To enable the claim to be assessed, You must provide the relevant supporting documents, in particular photographs of the Product concerned, as well as any information identifying the order and the Product.

The seller is liable for lack of conformity of the goods with the contract under the conditions of Article L. 217-1 et seq. of the French Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

The consumer has a period of two years from delivery of the goods to obtain enforcement of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.

Where the sales contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or service throughout the planned supply period. During this period, the consumer only needs to establish the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.

The statutory guarantee of conformity requires the professional seller, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the statutory guarantee of conformity, the consumer is entitled to a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract and obtain a full refund in exchange for returning the goods if:

• 1° The professional refuses to repair or replace the goods;
• 2° The repair or replacement of the goods takes place after a period of thirty days;
• 3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or collecting the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
• 4° The lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired or replacement goods are delivered.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs implementation of the statutory guarantee of conformity is liable to a civil fine of up to EUR 300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty for hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or a full refund in exchange for returning them.

If You intend to seek termination of the contract under the conditions set out above, You must notify F-ONE SAS by registered letter with acknowledgement of receipt or by email, sent to the addresses stated in Article 1 hereof, and return the Product at F-ONE SAS’s expense.

F-ONE SAS will refund You the price of Products deemed non-conforming upon receipt of the Product or proof that it has been returned by the Customer, and no later than fourteen (14) days thereafter. F-ONE SAS will make the refund using the same means of payment as that used by You when entering into the contract, unless otherwise expressly agreed, and in any event without additional charges.

Manufacturing defects are covered for a period of two (2) years from the date of purchase by You. F-ONE SAS will repair or replace the Products, as applicable.

The criteria for assessing a potential defect may vary depending on the nature of the Product concerned, in particular whether it is a technical product, accessory, textile or wearing part. Damage resulting from improper use, incorrect assembly or disassembly, lack of maintenance, intensive or unsuitable use, normal wear and tear, or accidental breakage not resulting from a lack of conformity or hidden defect is not covered by the statutory warranties.

For the purpose of assessing the claim, F-ONE SAS may request photographs and, where applicable, videos, the invoice, the Product serial number or any other useful technical information.

In accordance with Articles 1641 et seq. of the French Civil Code, F-ONE SAS guarantees You against all harmful consequences of defects and hidden defects that may be revealed in the Products sold, provided that these are reported to F-ONE SAS without delay and in any event no later than two years after discovery of the defect.

Upon delivery of the order, You are required to inspect the Products. We shall not be liable for defects that You could have detected Yourself after a visual examination of the goods sold.

All deterioration, including aesthetic deterioration, resulting from defects or hidden defects that appear during use and that You could not have known about at delivery is covered by the warranty, provided that it renders the goods unfit for their intended use, or reduces their usefulness to such an extent that You would not have purchased them, or would have paid a lower price, had You known about them.

Article 9 - Proof of order

In all cases, the online provision of the bank card number and final validation of the order shall constitute proof of the entire order in accordance with Article 1366 of the French Civil Code and shall make the sums committed through entry of the Products appearing on the order form due and payable.

This validation constitutes a signature and express acceptance of all transactions carried out on the Website. However, in the event of fraudulent use of Your bank card, You are invited, as soon as You become aware of such use, to contact Customer Service on 04 67 99 51 16 (local call rate).

The computerised records stored in the IT systems of F-ONE SAS and its partners under reasonable security conditions shall be considered proof of communications, orders and payments made between You and F-ONE SAS.

Order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1379 of the French Civil Code.

F-ONE SAS retains the written record of an order and guarantees You access to it at any time upon request for a minimum period of 10 (ten) years.

Article 10 - Liability

F-ONE SAS has an obligation to achieve a specific result at all stages of order processing and at all stages following the conclusion of the contract.

Accordingly, F-ONE SAS undertakes to describe the Products sold on the Website as accurately as possible. However, F-ONE SAS shall not be liable where failure to perform its obligations is attributable either to an unforeseeable and insurmountable act of a third party to the contract or to force majeure as defined by French case law.

You are responsible for using, maintaining and storing the Products in accordance with their intended purpose, instructions, safety recommendations and, where applicable, video tutorials made available by F-ONE SAS on the Website. F-ONE SAS shall not be liable for any damage resulting from improper use, inadequate maintenance, incompatibility, or intensive or inappropriate use of the Product.

In the event of force majeure, performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed ninety (90) days. Accordingly, once the cause of the suspension of their reciprocal obligations has ceased, F-ONE SAS and You shall use their best efforts to resume normal performance of their contractual obligations as soon as possible.

For this purpose, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is permanent or exceeds ninety (90) days.

During this suspension, the parties agree that the costs arising from the situation shall be borne by the prevented party.

Likewise, F-ONE SAS shall not be liable for any inconvenience or damage inherent in the use of the Internet, including service interruption, external intrusion or the presence of computer viruses.

You are solely responsible for selecting the Products according to your level, experience, needs, intended conditions of use and the safety instructions applicable to the practice of board sports. You undertake to use the Products in accordance with their intended purpose, instructions, tutorials, technical requirements, maintenance and storage recommendations, and appropriate weather and safety conditions.

F-ONE SAS shall not be liable for damage resulting from abnormal, improper, careless or contrary-to-recommendations use, modification of the Product, inadequate maintenance or use in unsuitable conditions, without prejudice to the applicable statutory warranties.

Article 11 - Customer service / after-sales service

F-ONE SAS customer service and after-sales service are accessible via the contact form or after-sales service form made available on the Website or in the help centre/FAQ.

Customer service is handled in-house and processes requests Monday to Friday, from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m., excluding public holidays.

After-sales service communications are tracked using a ticketing system.

F-ONE SAS may retain the information provided in this context, in particular photographs, in order to process the request and, where applicable, provide evidence of communications in the event of a dispute.

Article 12 - Retention of title

F-ONE SAS retains full ownership of the Products sold until full payment of the price, including taxes and mandatory contributions, has been received.

Article 13 - Personal data

When You place an order, the personal data collected will be processed electronically. You are invited to refer to the "Personal Data" section of the Website for full information on the processing of personal data.

The collection and processing of personal data are necessary for the performance of the order, in particular for issuing invoices.

These processing activities comply with the applicable regulations.

You have a permanent right of access, rectification, objection, data portability and restriction of processing.

These rights may be exercised in accordance with the conditions and procedures set out in the Privacy Policy available on the Website.

The Website may allow registration for newsletters and commercial communications. These communications are sent in accordance with applicable regulations and You may unsubscribe at any time using the methods indicated in each communication or in the Privacy Policy.

The Website may use cookies and other trackers, in particular for audience measurement, advertising, retargeting, integration of third-party content or videos. Information relating to these trackers, their purposes and how to manage Your consent is set out in the Website Cookie Policy.

At this stage, the Website does not allow users to publish customer reviews, photographs, comments, community content or classified advertisements.

Article 14 - Dispute resolution

14.1

In the event of a dispute, F-ONE SAS will do everything possible to resolve it amicably within the framework of the contract.

14.2

If an amicable settlement cannot be reached, and in accordance with the provisions of the French Consumer Code concerning amicable dispute resolution, You may use the free mediation service of the Paris Centre for Arbitration and Mediation (CMAP), to which we are affiliated, electronically at https://www.cmap.fr/la-mediation-de-la-consommation/ or by post at: CMAP, 39 avenue Franklin D. Roosevelt, 75008 Paris.

Following a prior written complaint by the consumer to F-ONE SAS and within one year of Your request, the Mediator may be referred any consumer dispute that has not been resolved. This mediation service is entirely free of charge; F-ONE SAS bears the cost of mediation. However, F-ONE SAS and You may, at Your own expense, be assisted by a legal adviser or expert.

As mediation is not mandatory, You may withdraw from the process at any time, as may F-ONE.

14.3 As a last resort and if the two previous approaches fail

Subject to mandatory provisions of the law applicable to You in the absence of this clause, the Terms and Conditions are governed by French law. The competent court in the event of a dispute shall be the court of the defendant’s place of residence or, at the claimant’s choice, the place where the Product was effectively delivered. You may also bring proceedings before the court of the place where You resided at the time the contract was concluded or where the harmful event occurred.

The Website complies with French legislation, and under no circumstances does F-ONE SAS guarantee compliance with any local legislation that may apply to You when You access the Website from other countries.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal proceedings.

Appendix 1: Withdrawal form

To F-ONE SAS - 170, Route de la Foire, ZAC d'activités de la Méditerranée, 34470 Pérols, France - telephone +33 (0) 4 67 99 51 16 - contact@manera.com:

I/We (*) hereby notify/notify (*) You of my/our (*) withdrawal from the contract concerning the sale of the following goods (*)/provision of the following services (*):

Order number: ........................................................................................................................

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

Name of consumer(s): ...........................................................................................................

Address of consumer(s): ........................................................................................................
...............................................................................................................................................
...............................................................................................................................................

Signature of consumer(s) (only if this form is notified on paper):

Date: ......................................................................................................................................

(*) Delete as appropriate.

Customer Service

The French version of these General Terms and Conditions is the original version and may be consulted for reference purposes. This translation is provided for the convenience of the consumer