Terms of Sale

These terms govern access to the KiteDeck service (“the Service”), published by Horizon Makers, a sole proprietorship (entreprise individuelle) registered under SIREN number 898 931 738 (“the Publisher”, l'Éditeur), by any professional organisation that opens an account (“the Client”).

1. Purpose of the Service

KiteDeck is an online software application for managing kitesurfing cruises: registration of boats and cabins, opening of cruises, client records, bookings, reminders, email campaigns, collection of deposits, public booking, tracking of income and expenses, and help preparing tax returns.

2. Access and commission

The Service is available with no subscription and no setup fee. All of its features are open to every Client, with no limit on boats, cruises or clients on file.

In return, the Publisher receives a commission of 3 % of the amount of each payment collected online through the Service (deposit or balance). Bookings and payments recorded manually by the Client (bank transfer, cash, etc.) give rise to no commission.

The commission is exclusive of tax. Where the Client is established in France, French VAT at 20 % is added to it: the amount deducted from each payment is then the commission plus VAT, and the monthly invoice shows it.

Where the Client is a taxable person established in another Member State of the European Union, the service is deemed to be supplied in the Client's country (article 259-1° du code général des impôts): it is invoiced exclusive of VAT, with the mention “Autoliquidation” (reverse charge), and the VAT is accounted for by the Client in its own Member State. This reverse charge requires the Client to have provided a valid intra-community VAT number, verified with the European Commission's VIES system. Without a valid intra-community VAT number, French VAT at 20 % applies, as for a Client established in France. Where the Client is established outside the European Union, the service is not subject to French VAT. The country of establishment taken into account is that of the Client's connected Stripe account. The Publisher's EU VAT identification number is FR62898931738.

Any change in the commission rate is notified to the Client under the conditions set out in Article 11 and applies only to payments collected after it takes effect.

3. Collection of the commission

The commission is deducted automatically by Stripe, the payment service provider, at the time of each payment, from the amount paid into the Client's Stripe account. The commissions deducted are shown in the Client's Stripe dashboard, payment by payment. The Publisher issues the corresponding invoices.

When a payment is refunded from the Service, the commission is returned to the Client in proportion to the amount refunded. A refund made directly from the Stripe dashboard, outside the Service, does not automatically return the commission: the Client may request its return by writing to contact@kitedeck.fr.

Any sum owed to the Publisher and not paid when due shall automatically bear, from the following day, late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points. It shall also give rise to a fixed indemnity for recovery costs of €40, payable as of right (Articles L441-10 and D441-5 of the French Commercial Code, code de commerce).

4. Term and account closure

The contract has no minimum term. The Client may close their account at any time from the Account page. Closure immediately closes the organisation's public pages and results in the permanent erasure of all its data thirty days later. The Client may withdraw their request during that period; thereafter, no restoration is possible. Commissions deducted from payments already collected remain due, subject to Article 3 in the event of a refund.

The Publisher may suspend an account in the event of use that is manifestly contrary to these terms, after giving the Client prior notice.

5. Right of withdrawal

The Service is intended for professionals acting in the course of their business: the right of withdrawal (droit de rétractation) provided for by the French Consumer Code (code de la consommation) does not apply. Opening an account is free and allows the Service to be evaluated before any online payment.

6. Collection of client payments

The Client collects payments from their own customers (deposits and balances) on their Stripe account, connected to the Service. The Client is the seller of the service: the sums are paid directly into their Stripe account, and the Publisher never holds them. Only the commission set out in Article 2 is deducted for the Publisher. The Client remains solely responsible for the commercial relationship, for the service sold and for its invoicing.

The same applies to the extras (gear rental, transfers, etc.) that the Client offers with their cruises: the Client alone sets their content and price, and alone provides them. Their amount is added to the booking price and counts towards the deposit; no promo code applies to them.

Balance charge. When the Client has turned it on, the card used for the deposit is kept by Stripe and the balance is charged to it the number of days before departure shown to their customer at the time of payment. One attempt only; if it fails, the customer receives a link to pay the balance themselves. The customer may ask the Client not to use their saved card and pay the balance by other means. The Client is responsible for informing their customers of this in their own terms of sale.

Stripe's transaction fees are borne by the Client and deducted by Stripe. In accordance with Stripe's policy, these fees are not returned in the event of a refund: refunding a payment therefore leaves the Stripe fees originally charged to be borne by the Client. Disputes (payment chargebacks) opened by the Client's customers are handled between the Client and Stripe.

7. Availability and support

The Publisher uses reasonable means to ensure the availability of the Service, without any guarantee of uninterrupted operation. Interruptions may occur for maintenance or due to hosting providers. Support can be reached at contact@kitedeck.fr. The Publisher undertakes to reply within 24 working hours. Working hours run Monday to Friday, excluding public holidays in France.

8. Campaigns and management tools

The Client is solely responsible for the content of the campaigns it sends from the Service, including any HTML code it inserts, and for their compliance with the rules that apply to direct marketing. The Service only sends campaigns to customers who consented to receive them and adds an unsubscribe link; the Publisher removes from inserted HTML anything that would run code, without reviewing its content.

The Finances and Tax returns screens (period summary, receipts ledger, threshold tracking, accounting journal) prepare figures from the data entered by the Client and the payments collected through the Service. They are neither bookkeeping kept by the Publisher nor tax or accounting advice. The Client remains solely responsible for its returns, their accuracy and their filing. The thresholds tracked are those the Client enters; the account numbers of the accounting journal are offered as defaults and must be validated by the Client or its accountant.

When the Client marks a period as declared, the entries of that period can no longer be added, deleted or changed in amount, category or date. This lock is permanent: it cannot be lifted from the Service. A mistake is corrected with a new entry.

9. Client data

The data entered by the Client belongs to the Client. The Client may export it at any time from the Account page, as an archive of CSV files readable by any spreadsheet application, without having to submit a request or wait for a reply from the Publisher. Uploaded files (receipts, passport scans) are not part of this archive: they are downloaded from the screen where they were uploaded. It is processed in accordance with our privacy policy.

For the data the Client enters about its own customers, the Publisher acts as a processor within the meaning of Article 28 of the GDPR. The obligations of each party are set out in the Data Processing Agreement, which is annexed to and forms an integral part of these terms.

At the end of the contract, it is the Client's responsibility to carry out this export before the thirty-day deadline following their closure request. The Publisher keeps no usable copy beyond that point, other than the records it is required by law to retain — in particular its own commission invoices.

10. Liability

The Publisher's liability shall not exceed the total commissions received by the Publisher on the Client's payments over the last twelve months. The Publisher is not liable for indirect damage, in particular loss of turnover resulting from unavailability. These limitations do not apply in the event of gross negligence or wilful misconduct by the Publisher (faute lourde ou dolosive).

11. Changes to these terms

The Publisher may amend these terms. Any amendment is notified to the Client by email at least thirty days before it takes effect. A Client who does not accept it may close its account before that date at no cost: payments collected until closure remain subject to the previous terms. An amendment required by law or by an administrative decision may take effect immediately.

12. Governing law and jurisdiction

These terms are governed by French law. Failing an amicable resolution, any dispute relating to their formation, performance or interpretation shall be brought before the competent courts within the jurisdiction of Béthune (France), to the extent permitted by law.