All products, services and information provided to the user by Kite Attitude are subject to the following conditions. By registering to use this website, you automatically agree to respect its conditions. Kite Attitude reserves the right to modify these conditions on its website by posting the changes. The present terms and conditions hereby defined apply to orders and sales of the Company. All orders from Buyers and final, unless the Company decides otherwise, within fifteen days of the date of order.
The Company has a right to update or change the present terms and conditions. In this case, the updated applicable terms and conditions will then apply at the date of order of Buyer.
DESCRIPTION OF PRODUCTS AND GOODS
All products and services of the Company are those described on the Company’s website (www.kiteattitude.com). Photos or images published on the website are not legally binding the Company. Every product or service is sold “as is”, without any express or implied warranty of functionality, operation or being adequate to a particular purpose. The Buyer accepts to discharge the Company from any claim, or responsibility regarding the products or services sold, , and accepts not to hold the Company responsible or liable for any damage related products or services sold, and the direct or indirect consequences of the use of such products or services.
The Buyer is aware that using products or services sold by the Company represent risks.
All prices stated are FOB the Company's offices in Rouen, France. Prices do not include transportation costs which shall be borne by Buyer. Prices do not include country, federal, state or local taxes applicable to the products sold under this Agreement. An amount equal to the appropriate taxes will be added to the invoice by the Company where the Company has the legal obligation to collect such taxes. Buyer shall pay such amount to the Company unless Buyer provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority, such as EEC ID number. Company may change prices at any time, for any reason, such as new tax laws or increase in raw materials. The Buyer accepts the possibility of changes in prices or product specifications; orders submitted by Buyer are final, whatever changes may apply to products, services or prices.
All prices are in euros.
All orders submitted by Buyer shall be paid cash, by bank wire, or credit card, except where satisfactory credit is established in which case terms are net thirty (30) days from date of delivery. The Company reserves the right to revoke any credit extended at the Company's sole discretion. Buyer agrees to pay such invoices when due regardless of other scheduled deliveries. Invoices not paid within thirty (30) days of the invoice date will have one and one half percent (1-1/2%) per month finance charge assessed against the unpaid balance from the date of invoice until the date of payment. The Company does not grant any rebate for early payments. In case Buyer does not pay invoices in due time, the Company has a right to stop delivering products and services to Buyer.
SHIPPING AND DELIVERY
All shipments of Equipment shall be made FOB Company's plant and liability for loss or damage in transit, or thereafter, shall pass to Buyer upon Company's delivery of Equipment to a common carrier for shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by Company of all necessary ordering information from Buyer. Buyer shall bear all costs of transportation and insurance and will promptly reimburse Company if Company prepays or otherwise pays for such expenses. Company shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Buyer, or otherwise arisen out of causes beyond the control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages.
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. You have 15 calendar days to return an item from the date you received it. To be eligible for a return, your item must be in the same condition that you received it. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will quickly notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment).
You will receive the credit within a certain amount of days, depending on your card issuer's policies.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your
In case of “Force Majeure”, the execution of all obligations or bindings of the Company is suspended. A case of Force Majeure is a case that is independent of the Company’s will and prevents the company from operating normally. Strikes, either partial or total, happening at the Company or at its suppliers, sub contractors or carriers, and shortage or interruption of energy supply, raw material supply or parts supply are cases of Force Majeure.
TRANSFER OF OWNERSHIP
The Company owns all goods until full payment of orders, including taxes and interests. In case Buyer does not pay invoices in full, the Company has a right to withdraw or retain goods, and the Company may decide to cancel the order ; in such case, pre-payments are due to the Company to cover damages.
The transfer of possession implies the transfer of risks: Buyer is responsible for goods as soon as they are delivered to Buyer. Buyer is committed to subscribing to an insurance to cover risks of loss, theft, or destruction of goods.
Company warrants all Equipment to be free from defects in material or workmanship under normal use and service for a period of one year from the date of delivery. All repair covered by this warranty must be done at Company's factory, or other such warranty repair facilities of Company as designated by Company unless Company specifically directs that this service be performed at another location. Any defect corrected within one year and found to be within this scope of the warranty will be repaired by Company and all charges for labor and material, will be borne by Company. If it is determined that either no fault exists in Company, or the damage to be repaired was caused by negligence of Buyer, its agents, employees or customers, Buyer agrees to pay all charges associated with each such repair. THIS CONSTITUTES THE SOLE WARRANTY MADE BY COMPANY EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND BUYER'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.
Any tampering, misuse or negligence in handling or use of Equipment renders the warranty void. Further, the warranty is void if, at any time, Buyer attempts to make any internal changes to any of the components of the Equipment; if at any time the power supplied to any part of the Equipment exceeds the rated tolerance; if any external device attached by Buyer creates conditions exceeding the tolerance of the Equipment ; or if any time the imprints are removed or defaced. OPERATION OF THE EQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE EQUIPMENT.
The Company normally supplies all necessary data for the proper installation, test, operation and maintenance of its products and services. Portions of this data, including the Company’s website www.kiteattitude.com, are proprietary in nature and will be so marked. The Buyer agrees to abide by the terms of such markings and to be liable for all loss or damage incurred by the Company as a result of the improper or unauthorized use of such data. The Company retains for itself all proprietary rights in and to all designs, engineering details, and other data pertaining to any or its product or services and to all discoveries inventions, patent rights, etc., arising out of work done in connection with this contract and to any and all products or services developed as a result thereof, including the sole right to manufacture any and all such products. The Buyer shall not contact the Company's suppliers, or any other person, for the purpose of manufacture.
The term of this Agreement shall be for one from the date hereof, unless sooner terminated. Termination shall not relieve either party of obligations incurred prior thereto. This Agreement will be renewed implicitely for another year.
This Agreement may be terminated only:
(a) By either party for substantial breach of any material provision of this Agreement by the other, provided due notice has been given to the other of the alleged breach and such other party has not cured the breach within thirty (30) days thereof; or;
(b) By the Company if: there is an unacceptable change in the control or management of the Buyer; if Buyer ceases to function as a going concern or makes an assignment for the benefit of creditors; if a petition in bankruptcy is filed by or against the Buyer, resulting in an adjudication of bankruptcy; or, if the Buyer fails to pay its debts as they become due and provided due notice has been given by the Company to the Buyer and the Buyer has not cured such breach within thirty (30) days thereof;or;
(c) By either party, if the party decides to terminate it by registered mail with prior notice at least three months before the end of the year or the anniversary date of this agreement
1. Relationship of Parties. The relationship between the parties established by this Agreement shall be solely that of vendor and vendee and all rights and powers not expressly granted to the Buyer are expressly reserved to the Company. The Buyer shall have no right, power or authority in any way to bind the Company to the fulfilment of any condition not herein contained, or to any contract or obligation, expressed or implied.
2. Independence of Parties. Nothing contained in this Agreement shall be construed to make the Buyer the agent for the Company for any purpose, and neither party hereto shall have any right whatsoever to incur any liabilities or obligations on behalf or binding upon the other party. The Buyer specifically agrees that it shall have no power or authority to represent the Company in any manner; that it will solicit orders for products as an independent contractor in accordance with the terms of this Agreement; and that it will not at any time represent the Company in any manner; that it will solicit orders for products as an independent contractor in accordance with the terms of this Agreement; and that it will not at any time represent orally or in writing to any person or corporation or other business entity that it has any right, power or authority not expressly granted by this Agreement.
3. Indemnity. The Buyer agrees to hold the Company free and harmless from any and all claims, damages, and expenses of every kind or nature whatsoever (a) arising from acts of the Buyer; (b) as a direct or indirect consequence of termination of this Agreement in accordance with its terms; or (c) arising from acts of Buyer or third parties in relation to products sold to the Buyer under this Agreement, including, but not limited to execution of liens and security interests by third parties with respect to any such products.
4. Assignment. This Agreement constitutes a personal contract and Buyer shall not transfer or assign same or any part thereof without the advance written consent of Company.
5. Entire Agreement. The entire Agreement between the Company and the Buyer covering the Equipment is set forth herein and any amendment or modification shall be in writing and shall be executed by duly authorized representatives in the same manner as this Agreement. The provisions of this Agreement are severable, and if any one or more such provisions are determined to be illegal or otherwise unenforceable, in whole or in part, under the laws of any jurisdiction, the remaining provisions or portions hereof shall, nevertheless, be binding on and enforceable by and between the parties hereto. Any provisions, terms or conditions of Buyer's Purchase Orders which are, in any way contradicting of this Agreement, except those additional provisions specifying quantity and shipping instructions, shall not be binding upon Company and shall have no applicability to the sale of goods by Company to Buyer.
6. Applicable Law. This Agreement shall be governed by the laws of the country of France and is accepted by Company at its Corporate Office in Rampe St Gervais, 87, Rouen F-76000. All payments hereunder shall be made at Company's offices at this address. Company's rights granted hereby are cumulative and in addition to any rights it may have at law or equity.
7. Separate Provisions. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the date and year indicated above.
Failure to comply with one or more of these rules releases us from all responsibility and voids any warranty on the equipment.
Make sure you kite with a kite whose surface is well fitted to your weight and the Wind conditions. Don't be too ambitious, and keep in mind that the Wind power is proportional to the square of its speed. So you need 4 times less surface with a Wind twice as strong as usual.
Always check your kite control bar and your gear before kiting. Check the quick releaser and make sure it works properly before going kiting. Make sure the kite front lines and back lines are not entangled before flying your kite.
According to the Afnor NF S-52 503 regulation, you must replace the quick releaser every 2 years maximum, and much sooner if you kite several times a week.
Kiting in hot, humid and salty places tend to wear out the gear must faster than in temperate climate. As a result you need to replace the quick releaser and ropes at least once every 2 years and much sooner if you kite more than once a week.
Don't start using the gear for the first time in very strong winds. Get used to the gear in mild/light winds first (such as 15 knots winds). Don't kite in strong winds until you are highly confident with the gear.
We select the highest possible quality, original dyneema lines, with very very low stretching (original Dutch dyneema). Very very low stretching will still mean that the kite lines will stretch a little (all kite lines on the market will stretch more or less. Chinese lines, although very strong, may stretch much more). So the kite lines may stretch a few centimeters equally after a few sessions (around 3 or 4 centimeters). You will probably never see any difference.
Do not trigger the quick releaser with the kite connected or make a kite loop the very first time you use the control bar, because you may stretch one line, while the other lines still had no chance to stretch a little. This may create a discrepancy in the lines lengths and therfore affect the flight of the kite. Then your only option to fix this would be to switch the 2 front lines on the control bar.
Wash your control bar with fresh water after every session.
If you entangled your lines with another kiter, look very closely at your kite lines, since the Heath created by the rubbing of the lines may end up cutting them. For your information, paragliders never use dyneema lines, since 2 dyneema lines rubbing each other create heat and break.
The quick releaser may not be appropriate to ride in the snow and very cold conditions. It is possible that snow stack up at the top of the quick releaser and freeze, then preventing you from pushing the push release up, and therefore preventing you from being able to release. This is true for all "push away" quick releasers currently on the market, as of 2016. So you kite at your own risks in the snow and/or icy conditions.
Never let your gear exposed in the sun, especially in tropical countries or very warm countries. Temperature may reach 60°C or more inside a car, and damage substantially the gear and change mechanical properties or performance of your gear.
Check these safety rules (you might Google translate them into your own language):
IF YOU HAVE A DOUBT, DO NOT KITE AND CONTACT US IMMEDIATELY.