These General Terms and Conditions of Sale determine the rights and obligations of the parties within the scope of sales made on the on-line sale site www.pridebodyboards.com. Pride reserves the right at any time to adapt or to modify these General Terms and Conditions of Sale. In the event of modification, the General Terms and Conditions of Sale in force on the day the order is placed shall be applicable to each order. Any order of a Product offered on the site implies that the Purchaser has agreed to these General Terms and Conditions of Sale.
1- IDENTIFICATION OF THE SELLER AND THE CUSTOMER
The parties agree as follows: The seller Pride or www.pridebodyboards.com is identified as the company Napco Global SARL, a company with a capital of EUR 220,000, the registered office of which is at 27 bis route de Pitoys, 64600 Anglet, France, registered in the Bayonne TCR under number 501 752 897, of which the intracommunity VAT number is FR 81 501 752 897 and represented by Mr Imanol Arrizabalaga. The Customer or Purchaser on www.pridebodyboards.com must be of age and a private individual customer whose purchases are not made for commercial purposes.
2- IDENTIFICATION OF THE CUSTOMER ON SITE
The customer who has already made a purchase on the www.pridebodyboards.com site may select a password which, when placing subsequent orders, means he does not have to fill in the forms again prior to placing an order. The customer who is already registered is recognised on the site as a customer of www.pridebodyboards.com. The password registered by the www.pridebodyboards.com customer is strictly confidential and personal. Under no circumstances should it be disclosed or given to anyone else. In the event that the www.pridebodyboards.com customer loses or forgets his password, he can click on "password forgotten" on the www.pridebodyboards.com site. Pride will then send him a new temporary password to his contract e-mail address. He should change this password the next time he connects to the site. So that the customer is easily identified by the simultaneous entry of the e-mail and password, the Customer expressly authorises www.pridebodyboards.com to deposit on the customer's hard disk a file called a "cookie" the sole aim purpose of which is to facilitate the said identification.
The articles presented on www.pridebodyboards.com are available while stocks last. The descriptions and photos illustrating them are shown as accurately as possible; nevertheless, if errors or omissions occur, www.pridebodyboards.com may not be held liable. The illustrating photographs supporting the text on the products are not contractual.
4- VALIDITY OF THE OFFER
Any order placed on www.pridebodyboards.com is considered to be an acceptance by the customer of the prices of the products and services proposed for sale as well as these General Terms and Conditions of Sale. The sale prices are given inclusive of all taxes in euros, pounds sterling, dollars, Australian dollars excluding the cost of delivering the order, if the case arises. The VAT in the country where the order is delivered is the one applicable to the amount of the order. The prices of the products presented on www.pridebodyboards.com may be modified. Pride reserves the right to modify the prices without notice. The prices shown at the time of the purchase are those applicable to this purchase.
5- ORDER AND CHECK ON THE DATA
Any order validated on www.pridebodyboards.com before 11:00 a.m. (local time UTC+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.). Pride shall check orders placed on www.pridebodyboards.com. Following these checks, based on various criteria, our Customer Service may contact you to ask for additional supporting information. An inquiry will be undertaken on any presumed fraud and, if necessary, legal proceedings will be taken. By submitting your order, you accept these terms and conditions. Pride reserves the right to refuse an order for any reason whatsoever. Pride also reserves the right to cancel any purchase (order already accepted) without being held liable for damages or costs incurred, for the following reasons:
the product is no longer available
your order has been identified by our security systems as unusual or likely to be fraudulent
we have reasons to believe that you are a minor
we have reasons to believe that you are a retailer
we were not able to deliver to the address you provided
6.1/ PAYMENT SECURITY Payment security on www.pridebodyboards.com is taken very seriously. Bank transactions are made secure by the PayZen payment system (www.payzen.eu). All information provided to process the payment is encrypted by means of the SSL protocol. These data can be neither detected, nor intercepted, nor used by third parties. Nor can they be retained by our information systems. Furthermore, purchases made on www.pridebodyboards.com comply with the 3D-Secure standard. 3D-Secure is a protocol developed by the Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) international issuers to increase the security of on-line payments. This protocol depends on an additional control when a purchase is made on line: in addition to the bank details, the purchaser is asked to enter an item of personal information enabling his bank to identify him and to validate the operation. For information: PayZen is a technical service provider and does not deal with disputes relating to orders. They must be settled directly with www.pridebodyboards.com and/or your banking establishment.
6.2/ PAYMENT METHODS The payment methods accepted on www.pridebodyboards.com are Visa, MasterCard, PayPal.
7.1/ COUNTRY OF DELIVERY Any order validated on www.pridebodyboards.com before 11:00 a.m. (local time UTC+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.). To this preparation time should be added the delivery times set out in the section Prices and delivery times. pridebodyboards.com ships worldwide. Pride will use the following carriers : UPS or GLS.
7.2/ DELIVERY PROBLEMS By means of the contact form under the heading ‘Questions’ on the site, the customer must notify the carrier and Pride of all reservations about the product accepted (e.g. parcel damaged, already open, etc.) within three days following receipt thereof. The customer may then take advantage of the repayment terms provided for this purpose.
These delivery times are understood as excluding preparation times. Any order validated before 11:00 a.m. (local time UT+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).
Regardless of where the articles are delivered, www.pridebodyboards.com undertakes to reimburse the customers for articles he wishes to return, under the terms and conditions set forth below. During the 14 days following receipt, under certain conditions www.pridebodyboards.com will reimburse an article which the customer does not find entirely satisfactory and in the currency used for payment. The period within which the customer may request the reimbursement or take advantage of his right of withdrawal is 14 days as from the date of receipt of the article or articles. The return costs are at Pride's expense in the case where the customer follows the return procedure set forth below:
For claims regarding Products ordered (damaged Products, Products not conforming to the Order) and in the context of the exercise of the right of withdrawal, the Customer may return the Product(s) to the Seller within 14 working days of receipt of said Products by strictly following the procedure below:
a) Return form: the Customer must fully complete the Return Form on the Website
b) Return number: the Seller Customer Service Department will provide the Customer with a Return Number, which must be indicated with the returned Product(s).
c) Condition of the Product(s) returned: the Customer must return the Product(s) carefully packed in a secure package and the Product(s) must be in their original condition and ready for sale (unwashed, unworn, undamaged)
d) Return address: the(s) Product(s) returned by the Customer to the Seller shall be sent to: Pride bodyboards 114 Rue des Vanniers 40150 Soorts-Hossegor 64600 Anglet – France
e) Return costs: return costs shall be borne by the Customer
f) Responsibility for returns: Product returns are the responsibility of the Customer. Therefore, the seller recommends that the Customer use insured registered mail to be able to track return parcel shipment.
g) Return verification: upon receipt of the return, the Seller will inspect the Product(s) in order to validate, or not, the return. Return verification will be processed as soon as possible after receipt of the Products by Seller. If the return does not comply, the Product(s) shall be sent back to the Customer. If the return is validated, an email will be sent to the Customer to inform him/her of the status of processing of his/her return.
h) -For returns of defective Products or those not compliant with the Order: if the return is validated, the Seller will refund the price of Product(s) to the Customer to the bank account used by the Customer for payment of the Order. -For Product returns in the context of withdrawal, the Seller shall refund the Customer the price of the Product(s) and the standard shipping costs (one way) for the Product(s). Shipping costs (one way) shall not be refunded if any of the Products purchased from the Seller are kept by the Buyer, as the Customer benefited from the shipping service for the kept item(s), since delivery rates do not vary according the volume ordered. The refund will be made as soon as possible and, in any event, within 14 days of recovery by the Seller of the Product(s) subject to withdrawal. Failure to comply with the procedure and deadlines indicated above, and without prejudice to applicable legal guarantees, the Customer may not make any claims, and the products supplied by the Seller shall be considered to be free of defects.
An exchange is not offered on www.pridebodyboards.com, once your article is returned, we will invite you to place another order on line.
10- INTELLECTUAL PROPERTY
All the elements on the www.pridebodyboards.com site, whether they are visual or sound, including the underlying technology, are protected by copyright, trademark or patent rights and the right to an image. They are the exclusive property of www.pridebodyboards.com. Any hypertext link redirecting to the www.pridebodyboards.com site and in particular using the framing, deep-linking, in-line linking techniques or any other deep link technique is in any case formally forbidden. In all cases, any link, even if tacitly authorised, should be removed on a simple request by www.pridebodyboards.com. In general, any total or partial reproduction of the www.pridebodyboards.com site is strictly forbidden. To be able to use the elements or information contained on the site, you must obtain the consent of Pride beforehand.
11- CUSTOMER SERVICE
Pride Customer Service may be accessed:
by e-mail : email@example.com
by telephone : +33 5 59 01 14 14 (no additional charge)
All our products are covered by the legal guarantee system, as long as the use thereof is normal and that the instructions for maintenance are followed. Article L211-4 of the French Consumer Code The seller is bound to deliver an object conforming to the contract and responding to any lack of conformity existing on delivery. It responds also to any lack of conformity in the packaging, instructions for assembly or installation when it is responsible therefor in accordance with the contract or has been carried out under its responsibility. Article L211-5 of the French Consumer Code To conform to the contract, the article must:
1° Be suitable for the use normally expected of a similar article and, in the event: - correspond to the description given by the seller and have the qualities that it has presented to the purchaser in the form of a sample or a model; - present the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in its advertising or labelling;
2° Or present the characteristics determined by mutual agreement of the parties or be suitable for any special use sought by the purchaser, brought to the seller's attention and that the latter accepted.
Article L211-12 of the French Consumer Code. The action resulting from the lack of conformity is limited to two years as from delivery of the article. Article 1641 of the French Civil Code. The seller is bound by the guarantee for latent defects in the article sold which make it unsuitable for its intended use, that the purchaser would not have bought, or would only have paid a lesser price, if he had been aware of them. Article 1648 sub-paragraph 1 of the French Civil Code The purchase must take the action due to latent defects within a two-year period as from the discovery of the defect.
13- DATA PROTECTION
13.1/ NOMINATIVE INFORMATION Information of a personal nature is processed by Pride for the purposes of management, customer relations and canvassing. To enable you to receive offers from our partners, you may be asked to provide them with this information. Pursuant to the French Data Protection Act of 6 January 1978, updated by the Act of 6 August 2004, the Customer has a right of access, rectification and opposition to the data concerning him. On this basis, the www.pridebodyboards.com site is registered with the CNIL (French data protection agency) under number: 1815206.
13.3/ WEB TAGS Certain Web pages on the Site may contain Web tags which enable the number of visitors to the site to be counted and/or to provide Pride with a certain number of indicators. These Web tags may be used with some of our partners, particularly to measure and improve the Site's effectiveness. In any case, the information obtained through these tags is strictly anonymous and simply enables statistics to be collected on how frequently certain pages on the Site are visited, so that our Customers on our Site are better served.
14- MISCELLANEOUS STIPULATIONS
14.1/ FORCE MAJEURE Pride shall not be held liable for the total or partial failure to fulfil its obligations under this contract, if the non-fulfilment is brought about by an event constituting force majeure, particularly in the case of disruption of or a total or partial strike by the postal services and means of transport and/or communication, flooding or fire. The Parties agree to consult each other within the shortest possible time to determine ways of processing the order during the force majeure event. After an interruption of (one) 1 month due to a force majeure event, the Parties shall be released from their mutual obligations.
14.2/ ENTIRE AGREEMENT These General Terms and Conditions of Sale and the recapitulation of the order sent to the customer make up a contractual whole summarising all the agreements made by the parties.
14.3/ RETENTION AND ARCHIVING OF THE TRANSACTIONS Invoices are archived on a reliable and long-lasting medium so that it is a true and long-lasting copy thereof.
14.4/ APPLICABLE LAW - COURTS WITH JURISDICTION These General Terms and Conditions of Sale and the contractual relations between Pride and the customer are subject to French law. In the case of a dispute, exclusive jurisdiction is assigned to the relevant French courts. Nevertheless, Pride undertakes to seek an amicable solution before taking any court action.