Terms of sale

Preamble

These Terms and Conditions of Sale define the rights and obligations of the parties in respect of sales made on the online store www.bodyboardcenter.com. Bodyboard Center reserves the right to adapt or amend these terms and conditions of sale at any time. In the event of any change, the terms and conditions of sale in force on the day the order is placed apply to each order. Any order for a Product offered on the site implies the Buyer’s acceptance of these terms and conditions of sale.

1- IDENTIFICATION OF THE SELLER AND THE CUSTOMER

The parties are defined as follows:
The seller Bodyboard Center, or www.bodyboardcenter.com, is the company Napco Global SARL, with share capital of €220,000, whose registered office is at 876 avenue des Rémouleurs, 40150, Soorts-Hossegor, France, registered with the Bayonne Trade and Companies Register under number 501 752 893, whose intra-Community VAT number is FR 81 501 752 893, and represented by Mr Frédéric Bouchet.
The Customer or Buyer on www.bodyboardcenter.com must be of legal age and be a private customer whose purchases are not made for commercial purposes.

2- IDENTIFICATION OF THE CUSTOMER ON THE SITE

A customer who has already made a purchase on www.bodyboardcenter.com may choose a password so that, for subsequent orders, they do not have to fill in the forms preceding the order again.
A customer who has already registered is recognised on the site as a customer of www.bodyboardcenter.com. The password held by the customer of www.bodyboardcenter.com is strictly confidential and personal. It must never be disclosed or passed on to anyone.
Should the customer of www.bodyboardcenter.com lose or forget their password, they may click on “forgotten password” on www.bodyboardcenter.com. Bodyboard Center will then send a new temporary password to their contact e-mail address, which they must change the next time they log in.
In order to make it easier to identify the customer by supplying the e-mail address and password at the same time, the Customer expressly authorises www.bodyboardcenter.com to place a file known as a “cookie” on the customer’s hard drive, for the sole purpose of facilitating that identification.

3- PRODUCTS

The items shown on www.bodyboardcenter.com are offered while stocks last. The descriptions and photographs illustrating them are presented as accurately as possible; nevertheless, should any errors or omissions occur, www.bodyboardcenter.com may not be held liable. The photographs illustrating the products alongside the text do not form part of the contract.

4- VALIDITY OF THE OFFER

Any order placed on www.bodyboardcenter.com constitutes acceptance by the customer of the prices of the products and services offered for sale, as well as of these Terms and Conditions of Sale.
Sale prices are shown inclusive of all taxes, in Euros, Pounds Sterling, Dollars or Australian Dollars, excluding order delivery costs where applicable. The VAT of the delivery country applies to the order amount.
The prices of the products shown on www.bodyboardcenter.com may be modified. Bodyboard Center reserves the right to change prices without notice. The prices displayed at the time of purchase are the prices applicable to that purchase.

5- ORDER AND DATA CHECKS

Any order confirmed on www.bodyboardcenter.com before 11:00 (GMT+1) from Monday to Friday will be prepared and shipped the same day. After that time, it will be shipped on the next working day. This service time is not guaranteed on public holidays or during certain periods (peak activity, stocktaking, etc.).
Bodyboard Center checks the orders placed on www.bodyboardcenter.com. These checks, based on various criteria, may lead our Customer Service team to contact you to ask for additional supporting documents.
Any suspected fraud will be investigated and, if necessary, prosecuted. By submitting your order you accept these terms. Bodyboard Center reserves the right to refuse an order for any reason whatsoever. Bodyboard Center also reserves the right to cancel any purchase (order already accepted) without being held liable for any damage or costs incurred, for the following reasons:

the product is no longer available
your order is flagged by our security systems as unusual or potentially fraudulent
we have reason to believe that you are a minor
we have reason to believe that you are a reseller
we were unable to deliver to the address you provided

6- PAYMENT

6.1/ PAYMENT SECURITY
Bank card transactions carried out on www.bodyboardcenter.com are processed by Shopify Payments, a payment service provider. All information exchanged in order to process the payment is encrypted. Bank card numbers cannot be detected, intercepted or used by third parties, and are not stored on Bodyboard Center’s systems.
Card payments are subject to strong customer authentication (3-D Secure), in accordance with the European payment services regulations: in addition to the card details, the buyer is asked to confirm the transaction with their bank.
Please note: the payment service provider is a technical intermediary and does not handle disputes relating to orders. These are settled directly with Bodyboard Center and/or the Customer’s bank.

6.2/ PAYMENT METHODS
The payment methods accepted on www.bodyboardcenter.com are: Cartes Bancaires, Visa, Mastercard, American Express, PayPal, Apple Pay, Shop Pay, Klarna, Bancontact, EPS and MobilePay. The methods actually available are those displayed at the payment stage, depending on the delivery country.

7- DELIVERY

7.1/ DELIVERY COUNTRIES
Any order confirmed on www.bodyboardcenter.com before 11:00 (GMT+1) from Monday to Friday will be prepared and shipped the same day. After that time, it will be shipped on the next working day. This service time is not guaranteed on public holidays or during certain periods (peak activity, stocktaking, etc.).
In addition to this preparation time, the carrier’s transit times apply. Bodyboard Center delivers to 75 countries and territories. The list of destinations actually served, as well as the applicable shipping costs, are those displayed at the time of the order, before any payment: they are calculated according to the weight of the parcel and the delivery address. Full details are given on the Delivery page. 7.2/ DELIVERY PROBLEMS
The customer must notify the carrier and Bodyboard Center, using the contact form in the ‘Questions’ section of the site, of any reservations about the product received (e.g. damaged parcel, already opened, etc.) within 3 days of receiving the product.
The customer may then benefit from the refund conditions provided for that purpose.

7.3/ DELIVERY RATES AND TIMES
Mainland France and Corsica:

Express delivery with DPD or DHL
1-2 working days
€6 for orders under €100, free above that

Outside mainland France and Corsica:

*EUROPE AND UNITED KINGDOM**	<€100/£100	€100/£100+
Standard delivery (DHL or DPD)	€6/£4.5	FREE
DHL, DPD, FEDEX, GEODIS	Calculated before check-out.	Calculated before check-out.

*Mainland France, Germany, Ireland, Italy, mainland Portugal, mainland Spain, the Balearic Islands, Liechtenstein, Luxembourg, Malta, the Netherlands, Poland, Austria, Belgium, the Czech Republic, Denmark

USA	<US$300	US$300+
DHL Express or Fedex delivery	Calculated before check-out.	Calculated before check-out.

* All prices for US customers now include import taxes and duties (DDP – Delivered Duty Paid). You will pay no additional charge on delivery — everything is settled at the time of payment.

REST OF THE WORLD	All orders
DHL, DPD, FEDEX, GEODIS, Colissimo (DOM-TOM)	Calculated before check-out.

These delivery times do not include preparation time. Any order confirmed before 11:00 (GMT+1) from Monday to Friday will be prepared and shipped the same day. After that time, it will be shipped on the next working day. This service time is not guaranteed on public holidays or during certain periods (peak activity, stocktaking, etc.).

8- RETURNS

For claims concerning ordered products (damaged products, non-conforming products) and in the context of exercising the right of withdrawal, the Customer may return the products to Bodyboard Center within 14 calendar days of receipt of the said products, following the procedure below:

• The customer must contact customer service using the form in the “contact” section of the site
• Return number: Bodyboard Center customer service will provide the Customer with a return number, which must be included with the returned products.
• Condition of the returned products: the customer must return the products carefully packed in a secure parcel, and they must be in their original condition, ready for sale (unwashed, unworn, undamaged)
• Return address: products returned by the Customer must be sent to:
Bodyboard Center
Ecommerce Returns
Bodyboard Center
876 avenue des Rémouleurs
40150 Soorts-Hossegor
France

• Return costs: return costs are borne by the Customer, except where the products are delivered damaged or do not match the order (wrong size, colour or model).
• Responsibility for returns: returning the products is the Customer’s responsibility. Bodyboard Center therefore recommends that the Customer send the parcel by registered post so that it can be tracked.
• Checking returns: as soon as the parcel is received, Bodyboard Center will inspect the products in order to approve or reject the return. If the return does not comply, the products will be sent back to the Customer. If the return is approved, an e-mail will be sent to the Customer to confirm that the return has been processed.
• Refunds:
-For returns of faulty or non-conforming products: if the return is approved, Bodyboard Center will refund the amount of the products as well as the delivery costs to the Customer account used to pay for the order.
-For returns of products in the context of withdrawal, Bodyboard Center refunds all sums paid, including standard delivery costs; only the return costs remain payable by the Customer. Where the Customer has chosen a delivery method more expensive than the standard method offered, the refund of delivery costs is limited to the price of the standard method. The refund is made no later than fourteen (14) calendar days from recovery of the goods or from the Customer providing proof of their dispatch, whichever occurs first, and by the same means of payment as that used for the order. The full arrangements are set out in article 8 bis.
Failure to follow this procedure and these deadlines will, without prejudice to the applicable legal warranties, render claims invalid, and the products supplied by Bodyboard Center will be deemed free from any defect.

8 bis- RIGHT OF WITHDRAWAL

In accordance with articles L221-18 et seq. of the French Consumer Code, the consumer Customer has fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal, without having to give any reason or bear any costs other than the return costs. Where an order covers several goods delivered separately, the period runs from receipt of the last item.

To exercise this right, the Customer notifies their decision by an unambiguous statement, sent to customer service at the contact details given in article 11, or by means of the model form reproduced below. It is sufficient for the notification to be sent before the period expires.

Bodyboard Center refunds all sums paid, including standard delivery costs, no later than fourteen (14) days after recovering the goods or after being provided with proof that they have been dispatched, whichever occurs first. The refund is made using the same means of payment as that used for the order.

Model withdrawal form — to be completed and returned only if the Customer wishes to withdraw:

For the attention of Napco Global SARL, 876 avenue des Rémouleurs, 40150 Soorts-Hossegor, France — www.bodyboardcenter.com
I hereby give notice of my withdrawal from the contract for the sale of the goods below:
Ordered on ……………… / received on ………………
Order number: ………………
Name of consumer(s): ………………
Address of consumer(s): ………………
Signature of consumer(s) (only where this form is notified on paper): ………………
Date: ………………

9- EXCHANGES

Exchanges are not offered on www.bodyboardcenter.com; once your item has been returned, we invite you to place a new order online.

10- INTELLECTUAL PROPERTY

All the elements of the www.bodyboardcenter.com site, whether visual or audio, including the underlying technology, are protected by copyright, trade mark or patent law and image rights. They are the exclusive property of www.bodyboardcenter.com; any hyperlink pointing to the www.bodyboardcenter.com site and using in particular the framing, deep-linking or in-line linking technique, or any other deep-link technique, is in any event strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from www.bodyboardcenter.com. More generally, any total or partial reproduction of the www.bodyboardcenter.com site is strictly prohibited. In order to use any element or information contained on this site, you must obtain the prior agreement of Bodyboard Center.

11- CUSTOMER SERVICE

Bodyboard Center Customer Service can be reached:

by e-mail: contact@napcoglobal.com
by telephone: +33 (0)6 32 18 79 66 (standard rate call)

12- WARRANTY

All our products benefit from the legal guarantees, provided that they have been used normally and that the care instructions have been followed. These legal guarantees apply irrespective of any commercial warranty.

Legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code)
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The consumer has two years from delivery of the goods in which to bring a claim. During the twenty-four months following delivery of new goods, any lack of conformity that appears is presumed to have existed at the time of delivery, unless proven otherwise: the consumer does not have to prove the origin of the defect.
The consumer may request that the goods be brought into conformity by repair or replacement, free of charge. Failing that, they may obtain a price reduction or the rescission of the sale. Bringing the goods into conformity by repair gives entitlement to a six-month extension of the legal guarantee of conformity.

Legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code)
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovering the defect.

To invoke either of these guarantees, the Customer contacts Bodyboard Center customer service at the contact details given in article 11.

13- DATA PROTECTION

13.1/ PERSONAL DATA
Personal data collected on www.bodyboardcenter.com is processed by Napco Global SARL, as data controller, for the purposes of order management, customer relations and, where the Customer has consented to it, the sending of commercial information. The processing operations carried out, their legal bases, the recipients of the data and their retention periods are set out in the privacy policy.
In accordance with Regulation (EU) 2016/679 and French Act No. 78-17 of 6 January 1978 as amended, the Customer has a right of access, rectification, erasure, restriction, portability and objection in respect of the data concerning them, as well as the right to withdraw their consent at any time where the processing is based on it. These rights are exercised with customer service, at the contact details given in article 11.
The Customer may also lodge a complaint with the Commission nationale de l’informatique et des libertés (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07.
The website’s legal notice is available on the Legal notice page.

13.2/ COOKIES
The Site places cookies that are necessary for it to work (session, basket, authentication) as well as audience measurement cookies internal to the platform. No third-party advertising cookie is placed. The Customer may still refuse cookies by configuring their browser; certain features of the Site may then no longer be available. The Customer’s choices regarding data sharing are available on the Your privacy choices page.

13.3/ WEB BEACONS
Some web pages of the Site may contain web beacons that make it possible to count the number of visitors to the Site and/or to provide Bodyboard Center with a number of indicators. These Web Beacons may be used with some of our partners, in particular in order to measure and improve the effectiveness of the Site. In any event, the information obtained through these Beacons is strictly anonymous and simply allows statistics to be compiled on visits to certain pages of the Site, in order to serve the Customers of our Site better.

14- MISCELLANEOUS PROVISIONS

14.1/ FORCE MAJEURE
Bodyboard Center shall not be liable for the total or partial non-performance of its obligations under this contract if that non-performance is caused by an event of force majeure, in particular in the event of disruption or total or partial strike action affecting, among others, the postal services and means of transport and/or communication, flood or fire.
The Parties agree to consult one another as soon as possible in order to determine how the order is to be handled for the duration of the force majeure event.
Beyond one month of interruption due to force majeure, the Parties shall be released from their obligations towards one another.

14.2/ ENTIRE AGREEMENT
These terms and conditions of sale and the order summary sent to the customer form a contractual whole setting out the entirety of the agreements between the parties.

14.3/ RETENTION AND ARCHIVING OF TRANSACTIONS
Invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy.

14.4/ APPLICABLE LAW – COMPETENT COURTS
These terms and conditions of sale and the contractual relations between Bodyboard Center and the customer are governed by French law. In the event of a dispute, exclusive jurisdiction is granted to the competent French courts. Bodyboard Center undertakes, however, to seek an amicable solution before any legal action.

15- CONSUMER MEDIATION

In accordance with article L612-1 of the French Consumer Code, the consumer Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with Bodyboard Center, after having attempted to resolve it directly with customer service by means of a written complaint.