Terms of Sales
1. Introduction
The general terms and conditions of sale detailed below (hereinafter referred to as "General Conditions"), govern the contractual relations between any user of the ONE SURFING CO. website (hereinafter referred to as a "User" or "You") and the commercial brand www.onesurfingco.com belonging to SARL ONE ACTION SPORTS with a capital of 5,920 EUROS, whose registered office is located at 26 Avenue de la Plage 40530, Labenne, FRANCE and registered with the Dax Trade and Companies Register under number B 914 344 221 (hereinafter referred to as "ONE SURFING CO"). These general terms and conditions of sale are the only ones applicable and supersede all other conditions, except for prior, express, and written derogation. ONE SURFING CO may occasionally modify certain provisions of its general conditions, so it is necessary that these be re-read before each visit to the www.onesurfingco.com website (hereinafter referred to as the "Site"). These modifications are enforceable from their online publication and cannot apply to contracts concluded previously. Each purchase on the site is governed by the general conditions applicable on the date of the order. We consider that by validating your order, you unreservedly accept our general terms and conditions of sale after having read them. By accessing the Site, you agree to comply with the General Conditions as well as the Terms of Use contained therein.
2. Placing an order
To place your order, we provide our website at the address: www.onesurfingco.com
3. Product Information
ONE SURFING CO takes the greatest care in publishing information relating to the essential characteristics of the products, notably by means of technical descriptions and photographs illustrating the products, within the limits of technology and in compliance with the best market standards.
4. "ONE ATHLETE" Program
The "ONE ATHLETE" program is the first monthly wetsuit subscription.
For the monthly subscription, you pay every month for a minimum of 12 months. You are free to cancel the subscription at any time after 12 payments and thus pay according to your usage. Otherwise, the neoprene wetsuit becomes yours after the 24th month, having paid the full amount for the wetsuit.
To renew the subscription, you must send us back your worn wetsuit after 12 payments (it's free). You will receive a new one.
To cancel your subscription anytime after 12 payments, simply send us back your worn wetsuit.
Monthly payments are made on the 5th of each month.
Thanks to this program, you benefit from a premium service and advantageous prices which are subject to change over time. It is therefore important to respect the terms mentioned above.
For any additional questions, please contact us at the following email address: hello@onesurfingco.com
5. Subscription, Payment Default, and Equipment Return.
As part of the subscription, the neoprene wetsuits made available to the Client remain the exclusive property of ONE SURFING CO. under all circumstances.
The Client undertakes to honor all payments due under the subscription, according to the periodicity agreed upon at the time of subscription.
In the event of total or partial payment default, or successive direct debit rejections, ONE SURFING CO. reserves the right to suspend or terminate the subscription, without prejudice to any other action.
In the event of termination of the subscription for payment default, the Client undertakes to return, at their own expense, the wetsuit(s) made available to them within fourteen (14) days from the notification of termination.
Failure to return within the allotted period may result in non-return fees being charged to the Client, in accordance with the current scale communicated on the website.
After this period, and in the absence of return or response from the Client, possession of the equipment may be considered without right or title, which may lead to amicable, contentious, or judicial proceedings, the costs of which will be borne by the Client.
The provisions of this article are without prejudice to ONE SURFING CO.'s right to claim payment of sums remaining due under the subscription.
6. Price
The selling prices indicated on the Site are in euros and include all taxes but exclude delivery costs. Any delivery costs are indicated to the user before order validation and are charged to them at the end of the order in addition to the price of the selected products.
Please note that for the European Union, the price to be paid is in euros and is systematically and clearly indicated before order confirmation.
We reserve the right to modify our prices at any time, but we undertake to apply the prices in force that were indicated to you on the Site at the time of your order.
7. Availability
Please note that we will fulfill your order within the limits of our available stock.
In the event that one of the ordered products is not available in our stock, we undertake to contact you by email within 15 days from the date of your order to inform you and indicate when, if applicable, this product could be delivered to you.
If some of the ordered products are temporarily unavailable, we undertake to send you the available products and to send you the rest of the order later. We may also offer you to send you an item of equivalent quality and price as a replacement for the unavailable product. In case of your refusal, we will proceed with the refund of the said product. If you wish to return it to us under the conditions provided in article 9 (right of withdrawal - satisfied or refunded), the costs will then be at your expense.
8. Delivery Method
Your order will be delivered to the address you provided when placing your order.
ONE SURFING CO offers delivery by express courier or by carrier depending on the total weight and nature of the product(s) ordered.
The costs incurred for this option depend on the item selected.
ONE SURFING CO makes every effort to respect the delivery times mentioned on the Site. Nevertheless, we cannot be held responsible for consequences due to a delay in delivery or a loss of package caused by a third party to the transport contract or by your fault or due to an unforeseeable and insurmountable cause constituting a case of force majeure.
In the event of non-receipt of a package, an investigation is conducted with the carrier and may take several days. During this period, no refund or reshipment can be made.
Upon receipt of your order, we recommend that you check the conformity of the products delivered with your order and, if necessary, indicate any anomalies concerning them on the delivery note in the form of handwritten reservations accompanied by your signature.
Without prejudice to the applicable legal guarantees, we recommend that you send any reservations regarding defects in conformity of the products existing at the date of delivery as soon as possible by mail to ONE SURFING CO, 2 rue Barrasquit - ZA des 2 pins, 40130 Capbreton, FRANCE or by email hello@onesurfingco.com.
The return of products will only be accepted for products in their original condition, meaning with their packaging, accessories, and instructions for use.
In case of proven non-conformity, the User will have the choice between repair or replacement of the product unless the desired option entails a cost that is manifestly disproportionate to the other option.
Additional information may be requested or even required to validate your purchase.
Therefore, and to avoid any delay, please enter when placing your order:
- a valid email address.
- a landline (work or home) or mobile phone number to reach you at any time of the day.
We apologize for the inconvenience, however, these measures are proof of our willingness to protect our customers from possible credit card fraud.
9. Secure Payment
For credit card payments, the debit is made when you place your order, provided that prior authorization for debiting your account has been obtained from the competent payment centers, failing which your order cannot be taken into account.
10. Right of withdrawal. Satisfied or refunded
You have a 14-day right of withdrawal (provided for in article L 121-20 of the Consumer Code) to return a product that does not satisfy you. This right of withdrawal is exercised without penalty, with the exception of shipping costs. Within this period, you can return this product, at your expense, accompanied by your invoice and the duly completed and signed return form. Please note, return costs are at our expense if you are part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" wetsuit.
We thank you for returning the merchandise to us by registered mail or tracked post and for subscribing to insurance with the carrier for the market value of the products. This is necessary in particular in the event of theft or loss of this merchandise by their services. In all cases, the return is at the consumer's expense unless they are part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" wetsuit.
This right of return can only be accepted for products in their original and complete condition (packaging, accessories, instructions...), in good condition. Items returned incomplete, damaged, or soiled by the Customer will not be taken back.
The deadlines mentioned above run from the day of receipt of the order.
In case of refund:
- if the product is returned within 14 days (postmark serving as proof) from its delivery to you, ONE SURFING CO will refund you in cash, by bank transfer.
- in case of product expertise within the framework of the right of withdrawal, ONE SURFING CO will do its utmost to refund the user as quickly as possible. This period will depend on the technical tests performed on your equipment.
11. Return
For any package return, you must return it to us by Post (or another carrier).
Please note that shipping costs are the responsibility of the customer for the outbound journey, except in case of product non-conformity or if the customer is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" wetsuit.
12. Warranties and After-Sales Service (SAV)
All our equipment sold benefits from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects
Shipping costs for the item(s) are borne by the customer unless they are part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" wetsuit.
For any package return, you must return it to us by Post (or another carrier).
ONE SURFING CO then undertakes to carry out any necessary repairs. Whatever the problem with your item, you must imperatively attach a copy of the invoice, the warranty slip for the item, and the return form (to be requested by email at hello@onesurfingco.com).
Please note, the warranty does not cover:
• Damage caused by reasons other than material or manufacturing defects.
• The use of wetsuits for commercial activities, rental, teaching, or schools.
• Damage caused by prolonged or excessive sun exposure, improper handling or storage, or use contrary to the instructions provided with the product.
• This product when classified as second-hand or sold as a product with existing defects.
• Products repaired by another repair service.
13. Liability
ONE SURFING CO is responsible for the proper execution of the obligations resulting from the distance selling contract, even when these obligations are carried out by service providers, without prejudice to its recourse against them. However, ONE SURFING CO is exempt from its liability if it proves that the poor execution of the contract is attributable either to the User, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Similarly, ONE SURFING CO's liability cannot be engaged for various damages inherent in the use of the internet network, including the presence of computer viruses or external intrusion, or any case of force majeure.
14. Protection of personal data
The information you provide to us is essential for the processing and delivery of orders, the establishment of invoices, and warranty contracts; its absence will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and truthful information about yourself. The communication of false information is contrary to these general conditions as well as to the terms of use on the Site.
In accordance with the "Data Protection Act", the processing of your information has been declared to the National Commission for Data Protection and Liberties (CNIL).
ONE SURFING CO is authorized to collect, process, and use your information. This data is subject to computer processing.
This activity is strictly regulated: the file has been declared to the National Commission for Data Protection and Liberties.
You have a permanent right of access and rectification over all data concerning you, in accordance with European texts and national laws in force (article 34 of the law of January 6, 1978). You can at any time make a request to ONE SURFING CO to know what information it holds about you. You can at any time and upon request modify this data.
ONE SURFING CO is the sole owner of the information concerning you. If you have accepted it during your identification on the Site, promotional emails (electronic mail) offering you new products, exclusivities, new content... will be sent to you.
You can request to stop receiving emails from us at any time by clicking on the link provided for this purpose and inserted at the bottom of each email we send you.
This website uses Google Analytics technology to collect information about visitor behavior. This data is collected completely anonymously and only for marketing and site optimization purposes. It is associated with an anonymous user ID, then recorded so that usage profiles can be created. Cookies can be used to collect and store this data, but this data always remains anonymous. This data cannot be used to personally identify a user and is not cross-referenced with any personal data.
It is possible to refuse the collection and storage of this data and the use of associated services at any time.
No email address or information entered by our customers on this site can be shared, exchanged, or sold to a third party.
Communications maintained by customers with ONE SURFING CO are strictly intended for the proper functioning of our services.
15. Applicable Law and Dispute Resolution
The law applicable to this contract is French law.
In the event of a dispute, the parties undertake to make their best efforts to find an amicable solution guaranteeing the interests of both parties before any referral to the courts, failing which the request will be inadmissible.
[1] Articles L.211-4 of the Consumer Code: "The seller is obliged to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. He is also liable for conformity defects resulting from the packaging, assembly instructions or installation when this was carried out by him under the contract or under his responsibility."
Article L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1° Be fit for the use ordinarily expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model.
2° Possess the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling.
3° Or possess the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, made known to the seller and that the latter has accepted."
Article L.212-12 of the Consumer Code: "Actions resulting from a lack of conformity are prescribed after two years from the delivery of the goods."
Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for the purpose for which it was intended, or that diminish its use to such an extent that the buyer would not have acquired it, or would have given only a lesser price for it, had he known of them."
Article 1648, paragraph 1, of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."