Terms of Sales
1. Introduction
The general terms and conditions of sale detailed below (hereinafter referred to as the "General Terms and Conditions") govern the contractual relationship between any user of the ONE SURFING CO. website (hereinafter referred to as a "User" or "You") and the commercial brand www.onesurfingco.com, owned by ONE ACTION SPORTS SARL, a company 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 applicable terms and supersede all other terms and conditions, unless otherwise agreed in advance, expressly and in writing. ONE SURFING CO may occasionally modify certain provisions of these general terms and conditions; therefore, it is necessary to review them before each visit to the website www.onesurfingco.com (hereinafter referred to as the "Site"). These modifications are binding from the date they are published online and cannot apply to contracts concluded prior to that date. Each purchase on the Site is governed by the general terms and conditions applicable on the date of the order. By validating your order, you are deemed to have accepted our general terms and conditions of sale without reservation after having read them. By accessing the Site, you agree to comply with these General Terms and Conditions as well as the Terms of Use contained therein.
2. Place an order
To place your order, please visit our website at: www.onesurfingco.com
3. Product Information
ONE SURFING CO takes the greatest care in putting online information relating to the essential characteristics of the products 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 subscription for surf suits.
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 the 12 payments and thus pay according to your usage. Otherwise, the wetsuit is yours after the 24th month; you will have paid for the entire suit.
To renew your subscription, you must return your worn suit after 12 payments (it's free). You will receive a new one.
To cancel your subscription at any time after 12 payments, simply return your worn suit to us.
Monthly payments are made on the 5th of each month.
This program offers you premium service and advantageous prices, which may change over time. It is therefore important to adhere to the terms mentioned above.
For any further questions, please contact us at the following email address: hello@onesurfingco.com
5. Price
The prices displayed on the Site are in euros and include all taxes but exclude delivery charges. Any applicable delivery charges are shown to the user before order confirmation and are added to the final order total 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 clearly indicated before order confirmation.
We reserve the right to change our prices at any time, but we commit to applying the rates in effect that were indicated to you on the Site at the time of your order.
6. Availability
Please note that we will fulfill your order subject to our available stock.
In the event that one of the products ordered is not available in our stocks, 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 products you ordered are temporarily unavailable, we will send you the available products and the rest of your order at a later date. We may also offer to send you a replacement item of equivalent quality and price. If you decline this offer, we will refund you for the unavailable product. If you wish to return the product under the conditions outlined in Article 9 (right of withdrawal - money-back guarantee), you will be responsible for the return shipping costs.
7. 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 carrier depending on the total weight and nature of the product(s) ordered.
The cost of this option depends on the item selected.
ONE SURFING CO makes every effort to meet the delivery times indicated on the Website. However, we cannot be held responsible for consequences due to a delivery delay or a lost package caused by a third party to the transport contract, by your own actions, or due to an unforeseeable and insurmountable event constituting force majeure.
If a package is not received, an investigation will be conducted with the carrier, which may take several days. During this period, no refunds or replacements will be issued.
Upon receipt of your order, we recommend that you check the conformity of the delivered products with your order and indicate, if necessary, on the delivery note and in the form of handwritten reservations accompanied by your signature, any anomaly concerning them.
Without prejudice to applicable legal guarantees, we recommend that you send any reservations regarding product defects 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 to hello@onesurfingco.com.
Product returns will only be accepted for products in their original condition, including packaging, accessories, and instruction manuals.
In the event 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 clearly disproportionate to the other option.
Additional information may be requested, or even required, to validate your purchase.
Therefore, and in order to avoid any delays, please enter the following information when placing your order:
- a valid email address.
- a landline (workplace or home) or mobile phone number to reach you at any time during the day.
We are sorry for the inconvenience caused, however these measures are proof of our commitment to protecting our customers from potential credit card fraud.
8. Secure payment
For payment by credit card, the charge is made when you place your order, provided that prior authorization has been obtained from the relevant payment centers to debit your account; otherwise, your order cannot be taken into account.
9. Right of withdrawal. Satisfaction guaranteed or your money back.
You have a 14-day right of withdrawal (as stipulated in Article L 121-20 of the French Consumer Code) to return any product that does not meet your expectations. This right of withdrawal may be exercised without penalty, except for return shipping costs. Within this period, you may return the product at your own expense, accompanied by your invoice and the duly completed and signed return form. Please note that return shipping costs are covered by us if you are a member of the "ONE ATHLETE" program and have recycled at least one "ONE" suit.
We ask that you return the merchandise by registered or tracked mail and insure it with the carrier for its market value. This is particularly important in case of theft or loss of the merchandise by their services. In all cases, the return shipping costs are the responsibility of the consumer unless they are part of the "ONE ATHLETE" program and are recycling at least one "ONE" suit.
This return policy applies only to products returned in their original and complete condition (packaging, accessories, instructions, etc.), and in good condition. Items returned incomplete, damaged, or soiled by the customer will not be accepted.
The deadlines mentioned above start from the day the order is received.
In case of a 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 the event of product inspection under the right of withdrawal, ONE SURFING CO will do its utmost to reimburse the user as quickly as possible. This timeframe will depend on the technical tests performed on your equipment.
10. Return
For all parcel returns, you must return them to us via the Post Office (or other carrier).
Please note that shipping costs are the responsibility of the customer on the outbound journey except in the case of non-conformity of the product or if the customer is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
11. Guarantees and after-sales services (ASS)
All our equipment sold benefits from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects
The customer is responsible for the shipping costs of the item(s) unless they are part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
For all parcel returns, you must return them to us via the Post Office (or other carrier).
ONE SURFING CO then undertakes to handle any necessary repairs. Whatever the problem with your item, you must include a copy of the invoice, the warranty certificate, and the return slip (which can be requested by email at hello@onesurfingco.com).
Please note, these are not covered by the warranty.
• Damage caused by reasons other than defects in materials or workmanship.
• The use of combinations in the context of a commercial activity, rental, teaching, schools.
• Damage caused by prolonged or excessive exposure to sunlight, improper handling or storage, or use contrary to the instructions provided with the product.
• This product when classified as second-hand or it is sold as a product with existing defects.
• Products repaired by another repair service.
12. Responsibility
ONE SURFING CO is responsible for the proper performance of its obligations under the distance selling contract, even when these obligations are performed by service providers, without prejudice to its right of recourse against them. However, ONE SURFING CO is relieved of its liability if it proves that the improper performance of the contract is attributable either to the User, to an unforeseeable and insurmountable event caused by a third party to the contract, or to a case of force majeure.
Similarly, ONE SURFING CO cannot be held liable 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.
13. Protection of personal data
The information you provide is essential for processing and shipping orders, issuing invoices, and establishing warranty contracts; failure to provide this information will result in the cancellation of your order. By registering on the Site, you agree to provide us with truthful and accurate information about yourself. Providing false information is contrary to these terms and conditions as well as the terms of use found on the Site.
In accordance with the "Data Protection Act", the processing of your information has been declared to the National Commission for Information Technology and Freedoms (CNIL).
ONE SURFING CO is authorized to collect, process, and use information about you. This data is subject to computer processing.
This activity is strictly regulated: the file has been declared to the National Commission for Information Technology and Freedoms.
You have a permanent right to access and rectify all data concerning you, in accordance with European regulations and applicable national laws (Article 34 of the French Data Protection Act of 6 January 1978). You may at any time request information from ONE SURFING CO regarding the data it holds about you. You may also modify this data at any time upon request.
ONE SURFING CO is the sole owner of your information. If you agreed to this when registering on the Site, you will receive promotional emails offering new products, exclusives, new content, etc.
You can request to stop receiving emails from us at any time by clicking on the link provided for this purpose and inserted in the footer 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 solely for marketing and website optimization purposes. It is associated with an anonymous user ID and then stored to create user profiles. Cookies may be used to collect and store this data, but it always remains anonymous. This data cannot be used to personally identify a user and is not combined 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 may be shared, exchanged or sold to a third party.
Communications between clients and ONE SURFING CO are strictly for the proper functioning of our services.
14. 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 legal action is taken, under penalty of the claim being deemed inadmissible.
[1] Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision."
Article L.211-5 of the Consumer Code: "To conform to the contract, the goods must:
1° Be fit for the purpose normally expected of a similar good and, where applicable, correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model.
2° Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
3° Or possess the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L.212-12 of the Consumer Code: "The action resulting from a lack of conformity is time-barred 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 which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648, paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."