Terms and sales conditions


Terms and sales conditions

 

*The welcoming promotion of 10% off is a single use, available only on "Clothes" and "Accessories".


Preamble and Purpose

The following general conditions aim at defining the legal framework that will apply in the relations between:

The Company SURFINESTATE which publishes the site www.surfinestate.eu,
SARL with a share capital of 60,000 euros
Registered in the RCS of DAX under SIRET number 811 055 136
Whose head office is located at 191 Rue du Coût - 40 150 ANGRESSE
Intracommunity VAT number is FR57 811 055 136.

And anyone visiting or making a purchase on www.surfinestate.eu.

Their purpose is to define the reciprocal rights and obligations of both parties in the various stages of ordering one or more items. 


Any person registering on the site will be required to adhere to these general conditions of sale and thus accept them without reservation. 

No purchase can be made on the site without first having accepted these conditions.
The User can at any time consult the general conditions of sale by clicking on the heading "General conditions of sale" appearing at the bottom of the screen.

Sales terms updates 

The present general conditions of sale are those applicable on 28/12/2020.

The Company SURFINESTATE reserves the right to modify or adapt them at any time without notice. 


Thus, the applicable general conditions of sale will be those in force on the day of the order.

Also, the user of the site is invited to consult them before each purchase because any order is worth acceptance without reserve of the General Conditions of Sale.

 

Partial invalidity
The current conditions express the entirety of the obligations of the parties. 
If a condition were to be missing, it would be considered to be governed by the current practices in the distance selling sector. 


If a particular stipulation of the present conditions is held to be invalid or declared as such by a decision having the force of res judicata of a competent jurisdiction (change of legislation, regulation, court decision), the other stipulations would retain their full force and scope.

 

Customer limitation  

Any user of the site declares having the legal capacity to place an order on the site and to use a credit card.

  

Article 1 : Products and availability

The website www.surfinestate.eu offers for sale water sports equipment - surfboards, fins -, surfing accessories - leashes, wetsuits, etc. -, as well as a wide range of clothing and accessories.

The products sold are photographed and described as accurately and faithfully as possible. However, depending on the Internet browser or screen used, the colors of the articles may vary.

The products sold are those described and visible on the site. Product offers are valid within the limit of available stocks displayed on the site.

The Company SURFINESTATE reserves the right to withdraw from sale, at any time, any item present on the www.surfinestate.eu site and/or to replace or modify any information associated with the Items appearing on this Site.

Any out of stock product will be reported. However the availability and the delivery of a product are guaranteed only by the sending by us of an e-mail of confirmation of your order.

In case of unavailability of a product once the order has already been placed and confirmed, an e-mail and/or a phone call will inform the customer. All or part of his order will be exchanged or cancelled and he will be refunded within a maximum of 10 working days in the form of a re-crediting of his credit card, or by Paypal (depending on the method of payment initially chosen).

Available items ordered at the same time will not be subject to cancellation.

The photos of illustrations used on our site come either from our suppliers or from our own shootings and may show, in the case of supplier photos, certain products that we sell with other products that we do not sell.

 

 

Article 2 : Order

Any Order implies an obligation of payment.

Orders are exclusively received on the Internet after acceptance of these General Terms and Conditions of Sale.

It is possible to place an order on the site www.surfinestate.eu as a guest or registered. In the case of a registration, your login is your e-mail address, and the password is the one you entered during the registration procedure.

Any Order is subject to the prior acceptance of the Company SURFINESTATE and is definitively confirmed only after the receipt by the Customer of an e-mail confirming the dispatch of the Article(s). 

The data relating to the Orders are stored on reliable and durable computer media. They are considered as proof of the contractual relations between the parties in the same way as any document established, received or kept in writing.

 

 

Article 3 : Payment and security

Any Order implies an obligation to pay by credit card, bank transfer or Paypal.

On the www.surfinestate.eu website, payment for purchases is made at the time of ordering either by credit card or Paypal. The option of full or partial payment by bank transfer is only available for surfboard order forms.

surf.

 

Payment by Credit card / Paypal
We charge your credit card at the time of the order. Payments by Paypal are also cashed at the time of order.
We accept the cards with the initials "CB" and / or bearing the mark VISA or EuroCard. MasterCard accepted in France and e-cards are also accepted.

For the payment by credit card, the www.surfinestate.eu website guarantees you a perfect security of payment thanks to the STRIPE system: one of the best references of the secure payment on Internet. This system is notably used by the largest French e-commerce sites.

Indeed, all the phases of payment to be carried out between the purchaser and STRIPE are entirely encrypted and protected. The data relating to your credit card number are encrypted from your computer and are transmitted thus encrypted directly to the banking operator, who decrypts them and manages the authorizations of taking.

These payment offers are reserved for holders of a bank card with a validity date of more than 3 or 4 months respectively and issued in France.

 

Your bank details and data
We're using SSL coupled with electronic banking. This means that the information related to the order and the credit card number do not circulate in clear on the Internet.

The credit card number is not printed on any paper, invoice, receipt or other listing. 
The merchant has no knowledge of the card numbers. Card numbers are never kept after the payment transaction has been transmitted to the merchant's bank. Thus, no one has access, either electronically or in printed form, to the buyers' bank card details.

For more information, visit https://stripe.com/

 

Anti-Fraud system

In order to protect itself against Internet fraud, SURFINESTATE has implemented the following measures:

- Recording of your IP address, as well as the exact dates and times of the transaction. This unique and formal identification commits you contractually. Of course, if you have no intention of malpractice, these elements will remain confidential.
- Any attempt at fraud, for any amount whatsoever and whatever the origin, will be subject to criminal prosecution (filing a complaint in the hands of Mr. Public Prosecutor of the Republic of DAX Judicial Court or any competent court).

The entirety of the data collected about you will then be transmitted to the Public Prosecutor's Office for investigation.

Reminder of the terms of the Article 313-1 of the Penal Code: "The swindle is the fact, either by the use of a false name or a false quality, or by the abuse of a true quality, or by the use of fraudulent maneuvers, to mislead a natural or legal person and thus determine it, to its prejudice or to the prejudice of a third party, to hand over funds, values or any goods, to provide a service or to consent to an act operating obligation or discharge. The swindle is punished by five years of imprisonment and 375 000 euros of fine".

Before validating an order by credit card and to avoid any attempt at fraud, the Company SURFINESTATE reserves the right to ask the customer for a photocopy of his identity card, as well as the 3 numbers appearing on the back of his credit card (cryptogram).

 

3D Secure program
To improve the transactions security, SURFINESTATE has implemented the 3D secure program.

This is a program created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to reinforce the security of online payments. It is based on the implementation of an additional control during an online purchase: in addition to the banking data, the buyer is invited to enter a personal data allowing his bank to identify him and validate the operation.

Authentication methods are specific to each bank.

Since the end of 2010, under the impetus of the Banque de France, all French banks have equipped their holders with a strong authentication method. If a bearer does not have an authentication code, he must contact his bank.

 

 

Article 4 : Price

The prices displayed on the site are expressed in euros, including all French taxes (French VAT and other taxes applicable on the day of the order) excluding participation in processing and shipping costs. The shipping costs are indicated before the validation of the order.

Orders made from Switzerland and the Dom Tom will be exempt from French VAT (20%). The calculation is done automatically in the ordering process as soon as the billing and delivery address is entered.

All orders, regardless of their origin, are payable in euros. The lullisurlatoile.com site reserves the right to modify its prices at the beginning of each week but the products will be invoiced on the basis of the rates in force at the time the orders are recorded.

Promotional codes are not cumulative, a code can only be used for a single order. The promotional code cannot be re-used for a return or an exchange.

When the terms of use of the promotional code are specified at the time of the communication of this one, Surfin Estate reserves the right not to honour your order in the case of technical anomaly: for example if the code was applied on an order which does not correspond to the specified terms. Our team apologizes in advance for the inconvenience caused and will contact you in order to modify your order as soon as possible. 

 

Article 5 : Shipping

Please head to "Shipping, Returns & Exchanges

 

Article 6 : Return

Please head to "Shipping, Returns & Exchanges

 

 

Article 7 : Right of withdrawal

Article L.221-18 of the Customer Code: "The customer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to define his motivation or bear costs other than those provided for in Articles L. 221-23 to L. 221-25.

The time limit mentioned in the first paragraph shall run from the date :

1- From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2- From the receipt of the goods by the customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the customer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order relating to several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is spread over a defined period, the period runs from receipt of the last good or lot or the last part.
In the case of contracts providing for the regular delivery of goods over a specified period of time, the period shall run from the receipt of the first good.

Article L. 221-19 of the Customer Code: "In accordance with Regulation 1182171/EEC of the Council of 3 June 1971 determining the rules applicable to periods, dates and terms :
1- The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in Article L. 221-18:
2- The period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period.
3- If this time limit expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the first following working day.

Article L. 221-20 of the Customer Code: "When the information relating to the right of withdrawal has not been provided to the customer under the conditions provided for in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18.
However, where the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the customer received this information".

Article L. L21-21 of the Customer Code: "The customer exercises his right of retraction by informing the professional of his decision to retract by sending, before the expiry of the period provided for in Article L. 221-18, the retraction form mentioned in 2" of Article L. 221-5 or any other declaration, free of ambiguity, expressing the will to retract.
The professional may also allow the customer to fill in and transmit online, on his internal website4 , the form or declaration provided for in the first paragraph. In this case, the trader shall, without delay, provide the customer with an acknowledgement of receipt of the withdrawal on a durable medium".

Article L.221-23 of the Customer Code: "The customer shall return or restitute the goods to the trader or to a person designated by the trader, without undue delay and, at the latest, within fourteen days from the communication of his decision to withdraw in accordance with Article L. 221-21 unless the trader offers to collect the goods himself.

The customer shall only bear the direct costs of returning the goods, unless the trader agrees to bear those costs himself or has failed to inform the customer that those costs are to be borne by him. However, for off-premises contracts, where the goods are delivered to the customer's home at the time of the conclusion of the contract, the trader shall collect the goods at his own expense if they cannot normally be returned by post because of their nature.

The liability of the customer may only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods, provided that the trader has informed the customer of his right of withdrawal, in accordance with 2° of Article L. 221-5".

Article L. 221-24 of the Customer Code: "When the right of withdrawal is exercised, the professional shall reimburse the customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the customer's decision to withdraw.
For contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may postpone the reimbursement until the goods have been collected or the customer has provided proof of the dispatch of the goods, whichever is the earlier.
The trader shall make the refund using the same means of payment as that used by the customer for the original transaction, unless the customer has expressly agreed to use another means of payment and provided that the refund does not give rise to any costs for the customer.
The trader shall not be obliged to reimburse the additional costs if the customer has expressly chosen a more expensive means of delivery than the standard means of delivery offered by the trader".

 

A return can be requested:

Either by logging on to the www.surfinestate.eu website, in the "Orders" section of the User Account: simply tick the product and the quantities to be returned, fill in the reason for the return and validate by clicking on "Validate your return request".

In the event of a return eligible for free shipping, the prepaid label will be found in the package received.

Either by contacting customer service, via the contact form, by e-mail or by telephone, which will inform the Customer of the procedures to be followed, he or she may use the withdrawal form that will be indicated to him or her. 

 

 

Article 8 : Intellectual property

All the texts, comments, works, illustrations and images reproduced on the sites published by the SURFINESTATE Company are reserved under the copyright as well as under the intellectual property and for the whole world.

For this reason and in accordance with the provisions of the Code of the Intellectual Property, only the use for a private use is authorized subject to different provisions even more restrictive of the code of the intellectual property. Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property Code except prior authorization of the Company SURFINESTATE.

Any total or partial reproduction of the sites published by the Company SURFINESTATE is strictly prohibited.

 

 

Article 9 : Personal data

All information provided during your visits to www.surfinestate.eu is strictly confidential.

The files are registered with the Commission Nationale de l'Informatique et des Libertés (CNIL).

The SURFINESTATE Company undertakes not to disclose to third parties the personal information that you communicate to us. This information is confidential. They will only be used by its internal services for the processing of your order and to reinforce and personalize the communication and the product offer reserved to the customers of SURFINESTATE.

The present article cannot prevent the assignment or the transfer of activities to a third party.

Consequently, in accordance with the French law "Informatique et libertés" of January 6, 1978, you have a right of access, rectification and opposition to your personal data.

 

 

Article 10 : Responsability

The responsibility of the Company SURFINESTATE could not be engaged for all the inconveniences and damages inherent to the use of the Internet network (rupture of the service, external intrusion, computer viruses,...).

 

 

Article 11 : Guarantees

All our products benefit from : 
- the legal guarantee of conformity - the legal guarantee of hidden defects.

To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product. 


The contractual guarantees do not cover :
- The abnormal or nonconforming use of the products. We invite you in this respect to carefully consult the maintenance advice.
- Defects and their consequences related to the non-conforming use for which the product is intended.
- Defects and their consequences related to any external cause.

In any case, the Company SURFINESTATE could not be held responsible in case of refusal of the manufacturer to apply its guarantee for the reasons explained above.

When it acts in legal guarantee of conformity, the consumer :
- benefits from a delay of 2 years as from the delivery of the good to act.
- can choose between repair or replacement of the good
- is exempted from having to prove the existence of the lack of conformity of the goods during the six months [24 for new goods] following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that the seller may have given to the consumer.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he may choose between the cancellation of the sale and a reduction of the selling price in accordance with article 1644 of the Civil Code.

 

 

Article 12 : Disputes

Any settlement of a dispute can be made with our customer service and, in the absence of an amicable settlement, the Company SURFINESTATE reserves the right to summon the customer before the court in whose jurisdiction his residence or seat is located.

 

 

Article 13 : Non renunciation

It is agreed between the Company SURFINESTATE and the users of the site that any failure or renunciation of one of the parties in the application of all or part of the commitments provided for in the present general conditions of sale cannot be considered as a modification of the present agreement, nor generate any right whatsoever, nor even be interpreted for the future as a renunciation of the commitment in question.

 

 

Article 14 : Force majeure

The Company's performance of all or part of its obligations will be suspended in the event of an act of God or force majeure that hinders or delays performance. Such events are considered to be the various cases recognized by case law. In such a fortuitous event, the Company SURFINESTATE will warn its customers by email within 7 days.

 

 

Article 15 : Applicable law and competent jurisdiction

The current general conditions of sale are subject to French law and to the jurisdiction of the registered office.

 

 

Article 16 : Customs duties

Any order placed on www.surfinestate.eu and delivered outside metropolitan France may be subject to possible taxes and customs duties that may be imposed when the package reaches its destination. 

These customs duties and possible taxes related to the delivery of an item are at your expense and are your sole responsibility.

We are not in a position to verify the applicable customs duties and taxes. To know them, we advise you to inquire with the competent authorities of your country.

 

 

Article 17 : Customer service

For any information or question, the customer service is at your disposal:
- through the "Contact" section
- by phone : 
05 58 97 39 75
- by email contact@surfinestate.eu

 

 

Article 18 : Legal notice

Head to "Legal notice


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