Terms of Sales
1. Introduction
The general conditions of sale detailed below (hereinafter referred to as the “General Conditions”), govern the contractual relations between any user of the ONE SURFING CO site. (hereinafter referred to as a "User" or "You") and the commercial brand www.onesurfingco.com belonging to SARL ONE ACTION SPORTS with capital of 5,000 EUROS, whose head office is located at 2 rue Barrasquit - ZA des 2 pines, Capbreton , FRANCE and registered in the Dax trade and companies register under number B 914 344 221 (hereinafter referred to as “ONE SURFING CO”). These general conditions of sale are the only ones applicable and replace all other conditions, unless prior, express and written exemption. ONE SURFING CO may occasionally be required to modify certain provisions of its general conditions, so it is necessary that these be re-read before each visit to the site www.onesurfingco.com (hereinafter referred to as the “Site”). These modifications are enforceable as soon as they are posted online 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 conditions of sale after having read them. By accessing the Site, you agree to respect the General Conditions as well as the Conditions of Use appearing there.
2. Place an order
To place your order, we provide you with our website at: www.onesurfingco.com
3. Product information
ONE SURFING CO takes the greatest care in putting information online relating to the essential characteristics of the products, in particular by means of technical descriptions and photographs illustrating the products, within the limits of the technique and in compliance with the best standards. of the market.
4. “ONE ATHLETE” program
The “ONE ATHLETE” program is the first monthly surf wetsuit subscription.
For the monthly subscription, you pay every month for a minimum of 12 months. You are free to stop the subscription at any time after 12 payments and thus pay according to your practice. Otherwise the neoprene suit belongs to you at the end of the 19th month, you will have paid for the entire suit.
To renew the subscription, you must return your used suit to us 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 used suit to us.
Monthly payments are made every 10th of the month.
Thanks to this program you benefit from a premium service and advantageous prices which are likely 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. Price
The sales prices indicated on the Site are in euros and all taxes included but excluding delivery costs. Any delivery costs are indicated to the user before validation of the order and are invoiced at the end of the order in addition to the price of the selected products.
You will note that for the European Union the price to be paid is in euros and is systematically clearly indicated before confirming the order.
We reserve the right to modify our prices at any time but we undertake to apply the current prices which will have been indicated to you on the Site at the time of your order.
6. Availability
You will note that we will honor your order within the limits of our available stocks.
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 in order to inform you and indicate within what time frame this product could, if applicable, be delivered to you.
If some of the products ordered are temporarily unavailable, we undertake to send you the available products and subsequently send you the rest of the order. We may also offer to replace the unavailable product with an item of equivalent quality and price. If you refuse, we will reimburse the said product. If you wish to return it to us under the conditions provided for in article 9 (withdrawal period - satisfied or refunded), the costs will then be your responsibility.
7. Delivery method
Your order will be delivered to the address you gave us when ordering.
ONE SURFING CO offers delivery by express courier or carrier depending on the total weight and the nature of the product(s) ordered.
Fees incurred for this option depend on the item selected.
ONE SURFING CO makes every effort to respect the delivery times mentioned on the Site. However, we cannot be held responsible for the consequences due to a delay in delivery or loss of packages caused by a third party to the transport contract or by you or due to an unforeseeable and insurmountable cause constituting a case of force. major.
If a package is not received, an investigation is carried out with the carrier and may take several days. During this period, no refunds or returns can be made.
Upon receipt of your order, we recommend that you check the conformity of the products delivered with your order and indicate, where applicable, 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 lack of conformity of the products existing on the delivery date as soon as possible by mail to ONE SURFING CO, 2 rue Barrasquit - ZA des 2 pins , 40130 Capbreton , FRANCE or email hello@onesurfingco.com.
The return of products can only be accepted for products in their original condition, namely with their packaging, accessories, and instructions for use.
In the event of proven non-compliance, the User will have the choice between repairing or replacing the product unless the desired option entails a clearly disproportionate cost compared to the other method.
Additional information may be requested or even required to validate your purchase.
Therefore, and in order to avoid any delays, please enter when ordering:
- a valid email address.
- a landline (workplace or home) or mobile number to contact you at any time during the day.
We are sorry for the inconvenience caused, however these measures are proof of our desire to protect our customers from possible bank card fraud.
8. Secure payment
For payment by credit card, the debit is made when your order is placed on the condition that you have previously obtained authorization to debit your account from the competent payment centers, otherwise your order cannot be taken into account. .
9. 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 to us that does not satisfy you. This right of withdrawal is exercised without penalty, with the exception of shipping costs. You can return this product within this period, at your expense, accompanied by your invoice and the duly completed and signed return slip. Please note, return costs are our responsibility if you are part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
We thank you for returning the goods to us by registered mail or tracked post and for taking out insurance with the carrier for the market value of the products. This is particularly necessary in the event of theft or loss of this merchandise by their services. In all cases the return is made at the consumer's expense unless it is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
This right of return can only be accepted for products in their original condition and complete (packaging, accessories, instructions, etc.), in good condition. Items returned incomplete, damaged, 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 (postmarked as proof) from its delivery to you, ONE SURFING CO will reimburse you in cash, by bank transfer.
- in the event of an assessment of the product within the framework of the right of withdrawal, ONE SURFING CO will do its utmost to reimburse the user as quickly as possible. This deadline will depend on the technical tests carried out on your equipment.
10. Return
For any return of packages, you must return them to us by post (or other carrier).
Please note that shipping costs are the responsibility of the customer outward except in the event of non-compliance of the product or if the customer is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit .
11. Warranties and after-sales services (after-sales service)
All our equipment sold benefits from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects
The shipping costs of the item(s) are the responsibility of the customer unless it is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
For any return of packages, you must return them to us by post (or other carrier).
ONE SURFING CO then undertakes to take care of any possible repairs. Whatever the problem with your item, you must attach a copy of the invoice, the warranty card and the return slip (to be requested by email to hello@onesurfingco.com).
Please note, are not covered by warranty
• Damage caused by reasons other than defects in materials or workmanship.
• The use of suits in the context of commercial activity, rental, teaching, schools.
• Damage caused by prolonged or excessive exposure to sunlight, improper handling or storage, or use contrary to the instructions supplied 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. Liability
ONE SURFING CO is responsible for the proper execution of the obligations resulting from the distance sales contract, even when these obligations are executed by service providers, without prejudice to its recourse against them. However, ONE SURFING CO is exonerated 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.
Likewise, ONE SURFING CO cannot be held liable for various damages inherent in the use of the internet network, in particular the presence of computer viruses or external intrusion, or any case of force majeure.
13. 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 true information about yourself. The communication of false information is contrary to these general conditions as well as the conditions of use appearing on the Site.
In accordance with the “Informatique et Libertés” law, the processing of your information has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
ONE SURFING CO is authorized to collect, process and use information about you. These data are subject to computer processing.
This activity is strictly regulated: the file has been declared to the Commission Nationale Informatique et Libertés.
You have a permanent right of access and rectification to 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 from ONE SURFING CO to find out what information it has about you. You can modify this data at any time and upon request.
ONE SURFING CO is the only holder of information concerning you. If you accepted it when you identified on the Site, promotional emails (e-mails) offering you new products, exclusives, new content, etc. will be sent to you.
You can request to no longer receive emails from us at any time by clicking on the link provided for this purpose and inserted at the footer of each of the emails 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 site optimization purposes. They are associated with an anonymous user ID and then recorded so that usage profiles can be created. Cookies can be used to collect and save this data, but it always remains anonymous. This data cannot be used to personally identify a user and is not crossed with any personal data.
It is possible to refuse the collection and storage of this data and the use of the 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 maintained by customers with ONE SURFING CO are strictly intended 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 referral to the courts, under penalty of inadmissibility of the request.
[1] Articles L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L.211-5 of the Consumer Code: “To comply with the contract, the good must:
1° Be suitable for the use usually 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 declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling.
3° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.212-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them. »
Article 1648 al. 1st 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. »