Sales Agreement / terms of use.
1. Definitions
Sales Agreement means Your order for product(s) sold by Mantafoils ltd constituted by this agreement.
We or Us or Our, means Mantafoils ltd.
Website means www.mantafoils.com .
You means the buyer of the Mantafoils ltd product(s) specified in the Order Confirmation and Your has a corresponding meaning.
2. Acceptance of the terms
The present Sales Agreement is intended to define the rights and obligations of the company Mantafoils ltd and You through the direct sale of its products or through its online store www.mantafoils.com .
By proceeding with any payment to Us, You agree and acknowledge that You are bound by this sales agreement and you fully accept its content.
If You do not agree to the terms of this sales agreement, You should not submit Your Order Confirmation nor do any payment. We are not bound by any Order Confirmation until We have received the payment in full.
These Terms and Conditions apply only to orders placed directly to Us or through Our online store, www.mantafoils.com.
The applicable Terms are those stated at the time the order is placed.
Mantafoils ltd company reserves the right to change, without notice and at any time the present Sales Agreement, the changes are then applied to all subsequent orders to these changes.
Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
These Terms and Conditions can be viewed at the bottom of the page by anyone visiting the website www.mantafoils.com
3. Placing an order
a. Ability to order
You are a person aged at least 18 who orders directly on our online webstore www.mantafoils.com or by email directly at the email address of the company: sales@mantafoils.com
You warrant to have full legal capacity to carry out the order on the site www.mantafoils.com and complies to this Sales Agreement.
For orders placed through our partners, You must use the partner’s terms and condition of sales.
b. Ordering process
You agree to provide all information necessary to fulfill the order in English Language, and delivery details in particular: Your full name, Your completed mailing address, email required for order confirmation, Your phone numbers.
When ordering, You are required to check the accuracy of the information above, and if necessary complete and / or correct.
This information is essential for the proper delivery of the order.
If applicable, We can not be held responsible for failure to achieve delivery due to wrong delivery details provided to us.
You then proceed to the settlement of the order: by credit card, paypal, bank transfer, whichever is available at the time of order.
Shipping any order will only be made after full payment to Us of the entire order.
Upon confirmation, You will receive an email confirmation of the order containing all data related to the product ordered.
c. Cancellation or changes
Any confirmed order constitutes a firm and final sale. Consequently, any change request made by You is subject to Our written acceptance.
In case of consideration of the cancellation or change, after acceptation from Us, We may retain a compensation fee set at 10% of the full amount all taxes included of the order and the acquisition of deposits paid.
Any cancellation or change is not possible after shipping of the goods.
We may cancel Your order anytime if Your full payment has not been received within 14 days from the order confirmation.
Should We cancel by Our own decision your order for any other reason, We would fully refund the paid amount.
Should We not being able to ship the order within a period of 90 days from the date of the full payment received, You have the right to request for an order cancellation and full refund of the amount paid to date.
d. Pricing and Taxes
Items ordered are charged at the rate ongoing at the time of checkout.
Purchase and delivery from our online store www.mantafoils.com (USD currency) are excluding VAT / taxes and You are responsible to pay VAT / taxes and any other related import taxes. Such fees are not payable by Us.
e. Shipping
You will be delivered at the delivery address indicated on the order confirmation.
We will do our best to ship Your order in the best delay. Should any delay happen (shipping date above 30 days from the Full payment receipt date), You will be notified by email the estimated shipping date. In no circumstances the communicated shipping date shall be considered as a legal binding and it is subject to change.
Upon shipping, You will be provided with a tracking number on the email address You have provided.
It is the Your responsibility to take any measure so that the order can be received.
Shipment clearance costs are Your responsibility.
We may proceed with partial shipment at Our discretion and in order to comply with transport regulations (especially but not limited to battery shipment) and as a such provide several tracking numbers to You (one per shipment).
f. Transfer of risk / Transfer of ownership:
Transfer of risk / Transfer of ownership will occur upon delivery, at the time of delivery of the goods to You. You will alone, after delivery, assume all risks (including loss, theft or damage) of the delivered products.
When You entrusts the delivery of the goods to a carrier other than the one proposed by Us, the risk of loss or damage to the property is transferred to You at the delivery of the property by Us to the designated carrier.
Upon delivery of the order, You or the third party designated or authorized by You, shall verify and precisely control the state and conformity of the products delivered with the order.
If, upon delivery, the exterior of the package appears damaged, You will conduct its opening in presence of the carrier to check the status of the Product (s) or issue a written claim with the carrier.
In case of anomaly (missing products, damaged or broken in particular), You will refuse the product and indicate on the delivery order "refusal for damage".
It is Your responsibility, in case of damage or missing items, to make all necessary declarations and to confirm its reserves. It is Your responsibility to provide any justification as to the reality of defects or missing items reported.
Any product that has not been issued by the carrier within an accepted delivery is considered accepted by You.
Our responsibility can in no way be blamed for acts during transport, destruction, damage, loss or theft, even our chosen carrier. In any case, it is You to provide any justification as to the reality of the alleged defects or anomalies.
4. Limited Warranty
Our warranty is limited to a period of 12 months from the shipping date of the related product order.
Any Warranty claim shall be communicated in writing to Us via Our email address: sales@mantafoils.com.
Our equipment is designed for riders up to 95kg. above this weight, We can not guarantee its resistance / performance.
The warranty does not cover damage resulting from accidents, misuse, accidental or intentional damage.
Excluded from the warranty defects and / or damage caused by natural wear, negligence, poor storage conditions, misuse, faulty installation, or defects and / or damage caused by modification of the product not authorized by Us, made by You or a third party.
Batteries are warranty for one year or 300 cycles, whichever comes first.
Specifically for Efoils, a first service is required after 6 months and then a service must be done every 100 hours or every 365 days, whichever comes first.
You are not allowed to repair by yourself or to involve a third party to repair the defects or anomalies; We are alone empowered to carry the repairs.
Our authorized repair partner may perform such repair upon Our written approval.
All product returns must be done with a formal agreement between the Us and You.
Upon return acceptance, You will be provided with an RMA number and a shipping address. We will indicate the exact components to be returned based on Your incident report.
The costs and risks during return and ship back are always at Your charge.
No return is accepted, sales is final. However in case of warranty claim, specific product components return may be accepted if the following conditions are met namely:
- the refusal of reason must be given for each allegedly defective equipment;
- Product must be returned in its original packaging or in a packing that will not further damage the product (pictures prior to shipping shall be taken by You and provided to Us in order to assess the physical state of the returned equipment) ;
- Product must have suffered no damage from any cause whatsoever, including during the inspection operations, assembly or storage even in case of damage; You must have made no changes to the hardware.
We will only repair / replace equipment / part of equipment, whichever is judged relevant by Us if the defects have arisen solely from faulty materials or workmanship.
Our product warranty does not cover:
- Any product was undergoing willful damage or not used or maintained in accordance with user manual (when available).
- Damage caused due to crash, physical impact, or fire resulting from non-manufacturing factors, including but not limited to, errors made by You or another person using Our goods, use in unsafe locations, and/or use in unsafe conditions, such as inclement weather or otherwise not in accordance with the product manual(s) provided to You.
- Damage caused from the use of unauthorized or unauthenticated third-party parts, materials, or components.
- Any software programs, whether provided with the Product or installed subsequently.
- Damage or defects caused by non-recreational use.
- Damage or defects caused by usage of the Product after a warranty issue is made or reported, or a customer reasonably should have made or issued such a claim in the exercise of reasonable diligence.
- Damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God.
Any intentional damage will result in the immediate and definitive cancellation of the warranty.
Despite industrial production, Our products are partly manufactured and assembled by hand. Thus, each piece is unique and can have apparent differences without compromising the proper functioning of the product.
Cannot be regarded as a fault zones, product with apparent irregularities, lighter or darker areas. In no case these irregularities can be claimed for any warranty claim / return / exchange equipment.
Any warranty return considered excessive will be charged to You.
In case of defect or nonconformity of the products delivered, duly noted by Us, You may obtain a free replacement, repair or reimbursement of products at Our discretion. The return of the product does not exempt You to pay the agreed due invoice amounts.
Any returned product shall be accompanied with an invoice clearly mentioning: “warranty return, no commercial value” and a value of ZERO USD shall be declared.
Products must be returned with a choice of mode of delivery against signature. The return of the product remains the sole responsibility of the customer
You are responsible to pay any TVA/ tax, or any other duty at the receipt of the repaired / returned parts.
Except as provided in these conditions to the extent permitted by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential or indirect loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of Our product or arising out of Our negligence or in any way.
Products returned by carrier without physical protection or poorly protected will not benefit from the guarantee, as well as products damaged, worn or soiled. You must take care to protect and ensure the product (s) returned during transport.
You must keep packaging and accessories supplied with the product and that are necessary to benefit from the guarantee offered. Any product requiring a refund must include all of the product and its accessories.
If purchased from a dealer, You must refer to it. All returns will be processed by the dealer directly linked to Us.
We cannot be held responsible for loss or damage of returned packages.
Any intervention by Us beyond the warranty period is at Our discretion. Such intervention costs may be charged, having previously informed You of the exact amount and detail and received Your written acceptance and payment.
Any repair / replacement is not considered as an extension of the warranty period and only the original product shipping date acts as a start of the warranty period.
We reserve the right to request the return of the entire product in some cases, requiring control of the whole product to support or not claim acceptance under warranty repair.
In any case, You must provide any justification as to the reality of the alleged defects or anomalies.
The limited warranties set forth in this section are the sole and exclusive warranties made by Us and are in lieu of and exclude all other representations or warranties of any kind, express or implied, arising by operation of law, custom, conduct, usage of trade or otherwise, including without limitation, warranties as to merchantability or fitness for particular purpose, noninfringement of third-party rights, results or efforts.
No employee, agent or affiliate of Us has authority to bind Us to any representations or warranties, oral or written, not expressly contained in this agreement, and any such purported representations or warranties shall not be enforceable. the remedies of buyer provided herein are the sole and exclusive remedies for breach of the warranty contained herein.
If You order and/or We deliver a product designated as a “Prototype”, no guarantees, warranties or representations of any kind are made with respect to such Prototype. You shall have the duty and sole responsibility to test a Prototype prior to acceptance and/or incorporation into end-use applications. Further, a production product based on a Prototype design may differ in assembly methods and materials from the Prototype.
In no event shall We or Our affiliates be liable for any incidental, consequential, exemplary, punitive, special, indirect, or similar damages (including lost revenue or profits) arising out of or related to its performance under these terms and conditions. Your exclusive remedy and Our and Our affiliates’ exclusive liability under these terms and conditions or otherwise (including negligence) shall be for damages which shall in no event exceed so much of the purchase price as is applicable to that portion of the particular shipment of products with respect to which damages are claimed. the limitations on liability in this section shall apply to the maximum extent permitted by applicable law, regardless of the cause of action or basis of liability (whether based in contract, infringement, negligence, other tort or otherwise). these limitations on liability are an essential part of this agreement and shall be valid and binding even if any remedy is deemed to fail of its essential purpose.
5. Liability / waiver
We can in no circumstances be responsible for the consequences of any events beyond Our control, including major events, to an unforeseeable and insurmountable attributable to You or a third party to the contract (shortage or unavailability of the product, disruption or total or partial strike of postal services and transport and / or communications, flood, fire, natural disaster, ...) which would tend to hinder, delay or prevent the delivery of the order on time.
In no event We can be held liable in the event of detention for any reason whatsoever of one of these products at Your end.
The photographs illustrating the products in support of the text, do not enter the contractual field. If errors occur, shall in no case our responsibility be committed.
We shall not be liable for any consequential or injury that could result from improper use of products sold.
You acknowledge and agree that the use of a Our product is in the nature of an "extreme sport" and as such, has inherent dangers and risks, including risk of injury or death to You or any person who uses Your Purchased product.
You further acknowledge and agree that due to the nature of the activity, it would be unreasonable for Us to be in any way responsible for any injury to You or any person who uses The Product(s) or Your death (or the death of any person who uses The Product(s)) and accordingly You hereby, to the full extent permitted by law, waive all of Your legal rights of action against and fully release Us for loss, damage, injury or death howsoever arising out of or in relation to Your use of the The Product(s) or the use of The Product(s) by any other person including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty by Us, Our directors, employees or agents.
You further acknowledge and agree that You use the The Product(s) freely, voluntarily and absolutely at Your own risk and with a full appreciation of the nature and extent of all risks involved in the activity.
This waiver shall bind You and Your executors and We will rely on this waiver.
6. Property reserve
All Our products are sold with a title retention clause expressly subordinating the transfer of their ownership to full payment of the price in principal and accessories. Nevertheless, the title retention clause does not prevent the transfer of risk to You at the time of actual delivery of the Products.
7. Intellectual property
All elements of the products and www.mantafoils.com website and it’s related marketing documents, such as design, text, images, sound or visual documents, programs, software and other underlying technologies and developments, are protected under copyright, as well as under intellectual property, and this for the world.
Total or partial reproduction, modification or use of trademarks, artwork or images is strictly prohibited without Our express agreement.