These Terms of Sale apply to every order placed on afs-foiling.com for delivery to an address in the United States of America. Please read them before ordering. By placing an order, you accept these Terms.
1. Who sells to you
Orders delivered in the United States are sold and shipped by MM Sailing USA LLC, a Florida limited liability company, 12418 Lobelia Ter, Lakewood Ranch, FL 34202, the exclusive U.S. distributor of AFS products ("MM Sailing", "we", "us").
AFS products are designed and made by Foil and Co (AFS), Pencran, France ("AFS"). AFS operates the website afs-foiling.com and provides the product warranty described in section 8. Your contract of sale is with MM Sailing.
These Terms apply to purchases by consumers for personal use. Dealers and businesses buy under separate terms. We do not currently sell through this website to addresses outside the United States under these Terms.
2. Orders
You choose your products on the website and place your order at checkout. You will receive an email confirming that we have received your order. This email is not an acceptance of your order. Your order is accepted, and the contract formed, when we ship your products and send you the shipping confirmation.
We may decline or cancel an order, in particular if a product is out of stock, if the price or description shown was obviously wrong, or if the payment is not authorized. If we cancel an order after you have paid, we refund you in full.
3. Prices and taxes
Prices are shown in U.S. dollars (USD). They do not include sales tax.
Sales tax is calculated at checkout from your delivery address and added to your order where required by law.
No import duties. Your order ships from our warehouse in Texas. It is a domestic U.S. shipment: you will not pay any customs or import duties on delivery.
Shipping costs, if any, are shown at checkout before you pay.
Prices may change at any time. The price that applies is the one shown when you place your order.
4. Payment
You pay when you place your order. We accept:
- credit and debit cards, Apple Pay and Google Pay, processed by Stripe;
- Affirm, to pay over time, subject to approval by Affirm and to Affirm's own terms; the rate and payment schedule are shown by Affirm before you confirm;
- PayPal.
Payments are processed by these providers in the name of MM Sailing USA LLC. We never see or store your full card details. Your statement will show MM Sailing as the merchant.
5. Shipping and delivery
We ship from our warehouse in Texas. Orders are usually delivered within 3 to 10 days of shipment, depending on your location. The delivery estimate shown on the product page and in your confirmation email is an estimate, not a guarantee.
Some products are sold on pre-order or backorder: the expected shipping date is shown on the product page before you order. If a shipping date slips, we will contact you by phone or email and you may cancel your order for a full refund.
Risk of loss passes to you when the products are delivered to your address.
Check your parcel on delivery. If the package is visibly damaged, note it with the carrier and contact us within 7 days of delivery with photos. We will replace or repair the product, or refund you.
6. Returns
You may return a new product within 30 days of delivery for a refund, as long as it is unused, complete, in its original packaging and in resaleable condition. Contact us first to get a return authorization; returns sent without one may be refused.
Return shipping is at your expense, unless the product is defective or we sent the wrong item. We refund the price of the returned products, using your original payment method, within 10 business days of receiving and checking the return. Original shipping costs are refunded only if the product was defective or wrong.
Not eligible for return: products that have been used in the water, mounted or modified; second-choice, demo and used products, unless defective; products made or customized to order.
7. Pre-owned and second-choice products
Some products are sold as second choice (cosmetic defects) or pre-owned. Their condition is described on the product page. They are covered by the warranty in section 8 unless their page states otherwise, but cosmetic defects described before purchase are not covered.
8. AFS Limited Warranty
AFS warrants that new AFS products are free from defects in materials and workmanship for two (2) years from the date of delivery to the original purchaser.
What this warranty does not cover: normal wear and tear; damage from impacts, collisions, falls, groundings or crashes; improper use, assembly, storage or transport; modifications or repairs not made by AFS or MM Sailing; use for rental, school or commercial purposes unless agreed in writing; cosmetic marks that do not affect performance.
What we will do: if a product covered by this warranty is defective, we will, at our option, repair it, replace it with the same or an equivalent product, or refund the purchase price.
How to make a claim: open a request at tickets.afs-foiling.com or contact MM Sailing at team@mmsailing.com, with your order number, a description and photos of the defect. Do not return a product without our instructions. If the claim is accepted, we pay the shipping costs of the repair or replacement.
Implied warranties: any implied warranty of merchantability or fitness for a particular purpose is limited to the two-year duration of this written warranty. Some states do not allow limits on how long an implied warranty lasts, so this limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
9. Limitation of liability
To the extent permitted by law, neither MM Sailing nor AFS is liable for indirect, incidental or consequential damages arising from the sale or use of the products. Our total liability for an order is limited to the price you paid for it. Nothing in these Terms limits liability that cannot be limited under applicable law.
10. Safety and assumption of risk
Hydrofoiling, wing foiling, kite foiling, downwind and parawing are action sports with an inherent risk of serious injury. Ride within your ability, wear appropriate safety equipment (helmet and impact vest recommended), respect local rules and other water users, and follow the product instructions. Inspect your equipment before each session and do not use a damaged product.
11. Customer service
MM Sailing USA LLC — 12418 Lobelia Ter, Lakewood Ranch, FL 34202 — team@mmsailing.com — +1 323 712 3151.
Warranty and after-sales requests: tickets.afs-foiling.com.
12. Personal data
Your personal data is used to process your order, deliver it, provide after-sales service and, if you agree, send you news. It is shared only with the service providers needed for these purposes (payment, shipping, email). See our Privacy Policy on afs-foiling.com for details and your rights.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Please contact customer service first: most issues are solved quickly. Any dispute that cannot be solved amicably will be brought before the competent state or federal courts located in Manatee County, Florida, unless the law of your state of residence gives you the right to bring it before your local courts.
14. Changes
We may update these Terms. The version that applies to your order is the one shown on the website when you placed it.