Terms and conditions

General

Welcome to Kitesurf.mu Web site. Kitesurf.mu Web site is owned by High Wind Ltd and is a shopping website where you can browse, select and order products from Tou-Korek Local store. By using the Site YOU AGREE TO BE BOUND BY ITS LEGAL NOTICES (explained below), CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site.

We reserve the right to make changes to its Legal Notices and Conditions of Use at any time. Each time you Use this Site you should visit and review the then current Legal Notices and Conditions of Use that apply to your use of this Site and any transactions made while on the Site. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

Tampering with the Site, misrepresenting your identity, using buying agents or conducting fraudulent activities on the Site are prohibited.

Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions and form a binding contractual agreement between you, the user of the Site and High Wind Ltd and its associated entities.

The mailing address for Kitesurf.mu is: High Wind Ltd, Morcellement Cambier Campeches Road, Le Morne, Mauritius. Attention website manager

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions

Compliance

By using the Site you agree to be bound by its conditions of use, legal notices, privacy policy and all disclaimers that appear elsewhere on the Site.

You agree to comply with all relevant laws, relating to your use of the Site and your placement of any order through the Site.

You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

Website Terms of Use

When you visit Kitesurf.mu website the following information will be recorded by our Internet Service Provider (ISP) for statistical purposes:

  • your server address
  • your top level domain name (eg, .com, .gov, .au, etc)
  • the date and time of your visit to the site
  • the pages accessed and documents downloaded
  • the previous site visited, and
  • the type of browser used.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a law enforcement agency exercises a warrant to inspect the Internet Service Provider’s logs.

Your email address

We will only record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website. Your email address will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent. By providing your email address when purchasing online you consent to Kitesurf.mu providing you with information about other products or services that may be of interest to you via email, MMS, SMS, social media and telephone for an indefinite period of time.

  • the resupply of the relevant advice, service, recommendation or information; or
  • the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

You authorize The Publisher to collect, store, disclose and share information about you with all or any one or more of the following:

  • any consultant providing services to The Publisher for the purpose of:
  • providing marketing information to you about products and services offered by any of its Our affiliates, subsidiaries or designers.

; and

    • monitoring the quality and standard of service provided to you or other consumers by the Consultants.
    • The Publisher may at any time revise these terms and conditions by updating this website. By using this website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with The Publisher.
    • This agreement is governed by and construed in accordance with the laws of Mauritius. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the court of Mauritius. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Cookies

Our site contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. They record your preferences in relation to your use of a site and provide us with other information about your enquiry that allows us to recognize you in the future. The cookies on our sites do not read the information on your hard drive. They do not make your computer perform any actions or make your computer send information to any other computer via the Internet.

Spam

As part of our commitment to maintaining your privacy Kitesurf.mu does not condone or encourage spam.

Spam is ‘unsolicited commercial electronic messaging’. People who purchase or subscribe to goods or services over the Internet or by email may attract an unsolicited electronic message or advertisement.

In accordance with the Spam Act 2003, we will only send commercial electronic messages with the addressee’s expressed or inferred consent to receive it. All requests to unsubscribe will be dealt with promptly.

This website is owned by, and content is published by High Wind Ltd (“The Publisher”). You must not access, browse or use this website unless you agree to be bound by the terms and conditions set out below. If you do not agree to these terms and conditions, you must not use this website. For an explanation of the practices and policies of The Publisher relating to the collection, use, and storage of information of users of this website, users should refer to the Privacy Policy and Disclosure Statement of The Publisher set out below.

The information contained on this website is intended for general information only and should not be considered to be complete or definitive. The Publisher does not make any offer to sell goods or services at, by or through this website. Information on this website may contain technical inaccuracies or typographical errors. The Publisher accepts no responsibility regarding the accuracy of information that is provided by The Publisher on this website and use of such information is at your own risk. The Publisher reserves the right to make changes at any time, without notice, to any element of the website. All content and functionality on this website is provided “as is” and without warranties of any kind by The Publisher, express or implied. This website contains links to sites maintained by other organizations and/or other companies, and The Publisher does not take any responsibility for the content or functionality of those sites. You should take appropriate action to ensure that your access to, and use of this website and other sites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

All information or material sent to The Publisher will be deemed not to be confidential. You grant The Publisher an unrestricted irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material, for any purpose.

The Publisher will not be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of this website, or any other hyperlinked website, and including, but without limitation, loss of profits, interruption of business, loss of data on your information handling system or otherwise, even if The Publisher has been expressly advised of the possibility of such damages. The Publisher provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by The Publisher on this website.

If The Publisher breaches any term, condition or warranty, which is implied by law and cannot lawfully be excluded, the liability of The Publisher for a breach of the applicable term, condition or warranty is limited to, at the election of The Publisher:/

  • the resupply of the relevant advice, service, recommendation or information; or
  • The payment to you of the cost of having the relevant advice, service, recommendation or information supplied again
  • You authorize The Publisher to collect, store, disclose and share information about you with all or any one or more of the following:
  • Any company trading as Kitesurf.mu
  • any consultant providing services to The Publisher for the purpose of:
  • providing marketing information to you about products and services offered by the stores; and
  • monitoring the quality and standard of service provided to you or other consumers by the stores or by the Consultants.

We may at any time revise these terms and conditions by updating this website. By using this website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with The Publisher.

This agreement is governed by and construed in accordance with the laws of Mauritius. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Mauritius. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Product Display/Colors

The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Right to Download

You may only download Content displayed on Our Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the content of Our Site including the text, images, audio and/or video for public or commercial purposes without written permission from us. It is strictly prohibited to download the images of the products for sale within this site.

Proprietary Rights

All content included on or comprising Our Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under Mauritian and international copyright laws which We own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

One or more trademarks are pending that apply to this site.

Our logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission and may not be reproduced, copied, or manipulated in any manner without the express, written Our approval.

We appreciate any product reviews, information or material submitted to the Website (“content submissions”). All content submissions sent to us will be deemed not to be confidential.

You must not use this Website to:

Make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act

Interfere with other users or prevents any other person from using or enjoying the Site;

Defame, harass, threaten or offend any person

Make fraudulent or speculative enquiries, purchases or requests;

Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings

Content contributions made to this Site are not a guarantee of publication or application. We reserve the right to:

Reject, ignore or refuse any content contribution; and

Investigate and verify the validity of content contributions made to the Site, including the identity, age, employer, and place of residence made of any person making a content contribution to this Site.

By using this Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to us or any other third party using this Site is non-confidential. By submitting any solicited or unsolicited information using Our Site, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Notification of Copyright Infringement Under Copyright Act

If you believe that your copyrighted material may have been infringed, please provide Our Legal Department with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and if available, an e-mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kitesurf.mu Legal Department to receive notifications of claimed infringement can be reached by:

Mail:

Legal Department

Tou Korec Shop La Gaulette, Mauritius.

Applicable Law

This Site is created, operated and controlled by us in Mauritius. The laws of Mauritius will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.

Links to Third-Party Web Sites

This Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display Our trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

This Site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation,

  • accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
  • using the Site for unintended purposes or trying to change the behavior of the Site;
  • attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;

attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;

  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or
  • forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of us, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Us or generally publicly available browsers.

Disclaimers and Limitation of Liability

By using the Site, you expressly agree that use of the Site is at your sole risk.

To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, We exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  • in the case of goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring
  • equivalent goods; or
  • the payment of having the goods repaired; and
  • in case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again

We and Our affiliates, subsidiaries or designers nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free.

We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site.

No oral advice or written information given by us shall create a warranty.

We are not liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.

The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if We have been advised of or should have knowledge of the possibility of such damages.

You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site.

Should we suffer any damage as a result of a transaction entered into by a minor, compensation can be sought from parents or legal guardians of the minor.

Warranties

Kitesurf.mu provides protection for customers.

You represent and warrant to us that:

  • you have the legal capacity to enter these Terms
  • you will not add any content whatsoever to this Site except information that is requested of you

Pricing Policy

Our website Prices and offers are subject to change without notice.

Prices displayed on this website are in Mauritian Rupees (Rs) and where applicable are inclusive of VAT.

Refund Policy

We will provide refunds pursuant to the Competition and Consumer Act 2007 (the “Act” http://www.ccm.mu/English/Documents/Legislations/Competition_Act.pdf ) namely, if the goods you purchased:

  • Are not of merchantable quality;
  • You should return your goods within 5 business days unless stated otherwise, if 1-3 above occurs and provide us with:
  • Proof of purchase by producing the original VAT Invoice and/or order number.
  • The Goods listed on the VAT Invoice with all original packaging and manuals enclosed Suitable ID to identify you as the original purchaser; and
  • Warranty Card

All refunds for an online web sale are made via Kitesurf.mu Support Centre once a Payment Request Form has been submitted. Bank transfer, Credit Card or PayPal funds will then be refunded back to the customer’s account by Support Centre. This process may take up to seven business days to occur.

Where a customer has used a Gift Card online, the store must process a refund equaling the gift card redemption amount via gift card, additional bank transfer, credit card or PayPal payments are to be refunded as above.

Subject to the Act non-returnable Items include, but are not limited to:

  • GoPro product with the packaging and/or seal broken
  • Gift cards
  • Several types of goods are exempt from being returned, such as earrings due to health concern.
  • Consumable items (such as batteries)
  • Items that are severely damaged or abused
  • Where the unique product serial number has been obscured,
  • defaced, removed or does not match records of stock carried at Kitesurf.mu – High Wind Ltd.
  • Items that are missing accessories, such as remote controls, cords, and cables
  • Etched or otherwise personalized items

Returns may be considered by Kitesurf.mu Ltd under the following conditions:

  • If the Customer notes that the delivery box is not sealed or is damaged at the time of delivery.
  • If an out of box failure is noted for the particular product upon testing at time of delivery.
  • If there is a mismatch between the product ordered and the delivered one.

For the conditions mentioned above:

  • The Customer must not accept delivery and same shall be returned to Kitesurf.mu by the Delivery Staff.
  • The Customer understands that the second delivery depends on stock availability, and where stock is available, the product will be delivered to the Customer within 1 Business Day.
  • After delivery, the Customer must notify kitesurf.mu as soon as reasonably possible once he becomes aware of any defect in the operation of product by calling on (230) 450 4178. Any request for return will be considered solely based on the warranty conditions attached to the product including the following conditions:
  • The Customer must bring the defective product to Kitesurf.mu Head Office located at La Gaulette together with the valid Warranty Certificate.
  • The Customer agrees neither to, nor allow any other party to modify or tamper the product. Any evidence of tamper will be tantamount to material breach by the Customer and Tou Korec shop shall have no obligation to accept back the product.
  • The Customer must present the Sales Invoice, and/or the Transaction Receipt and identification details (National ID or Passport).

Kitesurf.mu reserves the right to refund the Customer, or exchange the product for a return

If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us immediately.

Pricing Policy

Our website Prices and offers are subject to change without notice.

Prices displayed on this website are in Mauritian Rupees (Rs) and where applicable are inclusive of VAT.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

To purchase Goods via the Site, you may create an Account or check-out as a Guest.

If you check out as a Guest, full access to functionality on the Site may not be available to you including order history, order status, address book and receipt of additional marketing communications.

In order to create an Account, you must provide personal details and contact information

Regardless of whether you create an Account or check out as a guest you warrant that the details you provide to Us are accurate and correct and you accept the responsibility that fulfilment of your order is predicated on the information you have provided to Us is correct at the time of ordering.

The Site is intended for use by individuals 18 years of age or older. The Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site

You must contact us immediately if you believe someone else has access to your Account.

We may use third-party software to verify your account or account details.

We reserve the right to modify your personal Accounts and/or Orders where the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period, or We have not been able to contact you using the information provided with your Account or Guest account, and/or where We believe your Account is being used for purposes that do not comply with these Terms and Conditions.

We reserves the right to modify or terminate an Account or Account details at Our absolute discretion, including the right to delete, merge or amalgamate duplicate Accounts held by you. We make no warranty to the completeness of the information that you provide us.

Where we choose to use third-party services in conjunction with this Website, including secure payment options for purchasing Goods from the Site, you may also be required to create and maintain a separate account that may include personal and financial account details. You must comply with the terms of use with these third-party websites.

Non-compliance with these third-party websites may limit your ability to Order, be provided with Goods, rebates or bonus offers in conjunction with your Purchase.

This Website is designed for Mauritian customers. International accounts and purchases are welcome on the condition that purchases are made for an individual who is currently residing in Mauritius.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at anytime without notice and for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice for any reason whatsoever.

Placing an Order for Products

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so by the Site.

Manufacturer

We are not the manufacturer of the Goods we sell. While we work to ensure that the Goods match the description we have provided, are of satisfactory quality and are fit for use, the Goods may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions, which accompany the Goods before use. Any guarantee provided by manufacturer, the importer or us does not affect the legal rights and claims that you may apply under the contract.

Paying For Your Order

You may pay for your order using the following payment methods: Visa; MasterCard; Bank Direct Transfer or Cheque

Payment processing services offered via the Site are outsourced to third party providers. If we do not receive or are unable to successfully process payment in full for your order for any reason, we will cancel your order.

If you choose to pay by Visa or MasterCard credit card or debit card, you authorize us to debit the amount that is payable for an accepted order from your nominated card.

You will be required to provide us with the following details on your Visa or MasterCard; card type, name on card, card number, and 3-digitor or 4-digit card verification value (CVV2) and the card expiry date.

If you pay by Cheque we will wait to receive your check and to bank it before sending your order.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

Order Acceptance/Confirmation

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.

We reserve the right to reject any order you place with Us for any reason whatsoever. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if We reject an order, but We will process a refund if the charge has been made against your card.

Stock levels displayed to you are accurate at the last known update; however, stock availability is subject to change. If there are any changes in available inventory at the store in the time between you view a product, add an item to your shopping cart and commit to a purchase, and we are unable to fulfill your order, we will notify you as soon as possible.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason.

These restrictions may include orders placed by the same Kitesurf.mu Web site account, the same credit card, and orders that use the same billing address.

In the event we reject an order, make a change to an order or limit an order we will attempt to notify you by contacting the e-mail and/or telephone address provided at the time the order was made.

We reserve the right to limit or prohibit sales to dealers or any commercial enterprise.

If we are unable to supply all items listed on your order, this Agreement will apply to the supply of all or part of the Order.

We may Backorder Goods on your behalf if for any reason we are unable to supply any or all items listed on your order. Where a Backorder has been placed on your behalf, we will contact with you by phone following delivery at the Store.

All Backorders are subject to stock availability with our suppliers.

We reserve the right to cancel an order if you are unable to prove that you are the customer (or agent/ representative) listed on the order, or if you are ineligible to purchase goods sold on the website due to age restrictions, and we reserve the right to not provide stock if proof of; purchase, identity or age cannot be produced. To comply with our legal obligations you acknowledge that we may be required to retain a copy of any identification provided.

Cancelling an order

You may cancel an order. On cancelling the order, we will refund your payment in accordance with our Refund Policy.

If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with Our Refund Policy and; We reserve the right to charge an administration fee to cover Our reasonable costs in respect of your order cancelled order.

InstallationPlease note that unless mentioned otherwise, installation is not included as part of the delivery price.

Delivery

Delivery will be done by outsourced companies.

Allow up to 4 business days for delivery from the date your order is confirmed and payment received.

Deliveries are free of charge in Mauritius as from MUR Rs 2500 purchase value.

Below MUR Rs 2500 a fix delivery fee of MUR Rs 200 rps will be charge to deliver in Mauritius

Should there be any issues with stock availability, we will contact you and advice of any delays. Delivery delays may occur around Christmas, Easter and public holidays and/or if weather warning is on.

If multiple delivery dates are requested for an order, we may need to charge a delivery fee each time. If for any reason, we cannot deliver the full order at the same time there will be no charges made for additional deliveries. If there is change to the delivery date, we require a minimum of 24 hours notice prior to delivery. If you are not at home at the nominated time for a requested delivery then we reserve the right to charge to redeliver the order.

When delivery is added to the shopping cart, the customer agrees to comply with certain delivery requirements specified below:

If the person named on the order confirmation is not at the delivery address to receive the order we will endeavor to contact the named customer to obtain their consent and acknowledgement that any person at the delivery address who receives the products is authorized by the customer to receive the order. Alternatively, the customer may ask us to arrange for delivery at a different time, and we may charge an additional delivery fee for that replacement delivery.

We require the person accepting the delivery of the customer’s order to print their name and sign the delivery manifest with the time and date of the delivery. We may also ask the person accepting the delivery for photo identification in order to verify his or her identity.

Delivery can be done at your Hotel to the Concierge or Reception.

Delivery will be made to the address specified by the customer and goods will not be delivered to a PO Box or to any location other than the address on the order confirmation.

Deliveries will be made to the customer by one of our contracted delivery drivers or courier companies.

We reserve the right in our sole and absolute discretion not to deliver the goods purchased for any reason whatsoever. Except for any liability that cannot be excluded by law we exclude all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the delivery of the goods purchased, including, but not limited to, where arising out of the following; (a) any technical difficulties or equipment malfunction whether or not under our control; (b) any third party interference; (c) any late or lost deliveries; (d) any damage to the purchase or the purchase being misdirected (whether or not the purchase was delivered) due to any reason beyond the reasonable control of us.

Vat Refund

For those in possession of a foreign passport, traveling by air and when your order will be higher of 2500 rps, it will be possible to recover the VAT on purchased products on our website

The following information are needed to make vat refund, surname, name, nationality, passport number, date of departure, flight number, email address

The name of the person on our invoice must match the passport name and travelling person.

How to claim your vat refund

On arriving at the SSR International Airport and before checking-in on your departure flight, get your sales receipts approved at the MRA Customs Counter in the check-in hall. MRA Customs Officer may ask to see your purchase.

After going through passport and security control, go to the MCCI Tax Refund Counter in the main departure lounge and present your approved VAT PAID SUPPLIES TO VISITORS Sales receipts to collect your refund.

The Bank of Mauritius (BOM) exchange rate for notes for the previous working day is used. For full information on exchange rates, click here to access the official website of the Bank of Mauritius

Interpretation

“You”, “your”, “yours”, “customer”, means the Customer detailed in the form. “we”, “us”, “ours”, “workforce”, “store”, “salesperson”, “Kitesurf.mu” means staff at or Kitesurf.mu store from who the Customer has purchased the Services. “Service (s)”, “work”, “installation”, “service appointment”, “scope of work”, mean the Services performed by Kitesurf.mu as set out in the form.

Computer use

Some services may require that Kitesurf.mu access your computer. If Kitesurf.mu is required to access your computer in the course of providing the service to you, Kitesurf.mu will not be responsible or liable under any circumstances whatsoever for any loss or corruption of the data stored on your computer howsoever caused so we strongly advise that you backup your data before the Service is performed. Kitesurf.mu will not back up any data on your computer in the course of providing the service. Kitesurf.mu trongly recommends having an Anti-virus software program running on your computer.

Limitation of liability & release

You acknowledge and agree that, except for direct property damage that results from our negligence, under no circumstances shall Kitesurf.mu be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, data loss or corruption, or liability arising out of, or related to, the services provided by Kitesurf.mu or the installation, use of, or inability to use your products, goods or other services. In consenting to the performance of the Service, you agree to release and hold harmless Kitesurf.mu , its agent contractors and staff from and against any loss, liability or damage that you may suffer, including but not limited to, walls, skirting boards, floors, etc. As subject to your statutory rights, under the Mauritian Consumer Law or other similar State and Territory laws, the liability of Kitesurf.mu is expressly limited to repeat of the Service or the cost of the service being provided. For full terms and conditions of the service, please visit our website kitesurf.mu

Warranty

You hereby indemnify Kitesurf.mu and its officers, directors, employees, representatives or contractors or other persons for whom in law Kitesurf.mu may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.

If a Bonus Offer is redeemed and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your Bonus Offer will no longer be valid.

We reserve the right to vary or discontinue a Bonus Offer at any time. We make no guarantee that changes to the Conditions of Entry to any Bonus Offer will be provided by Us.

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