Terms and conditions of sale
1. Introduction
The general conditions of sale detailed below (hereinafter referred to as the "General Conditions"), govern the contractual relationship between any user of the ONE SURFING CO. (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 5,000 EUROS, whose head office is located at 2 rue Barrasquit - ZA des 2 pins, 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, except prior, express and written derogation. ONE SURFING CO may from time to time modify some of the provisions of its general terms and conditions, and it is therefore necessary that these be reread before each visit to the site www.onesurfingco.com (hereinafter referred to as the "Site"). These modifications are enforceable from the moment they are posted online, and cannot be applied to contracts concluded previously. Each purchase on the Site is governed by the general terms and conditions applicable at 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 abide by the General Terms and Conditions and the Conditions 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 utmost care in providing information on the essential characteristics of the products online, in particular 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.
With a 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, so you pay as you go. Otherwise, at the end of the 24th month, the neoprene suit belongs to you, and you'll have paid for it in full.
To renew your subscription, return your worn-out wetsuit after 12 payments (it's free). We'll send you a new one.
To cancel your subscription at any time after 12 payments, simply return your used wetsuit.
Monthly payments are made on the 5th of the month.
With this program, you benefit from a premium service and advantageous prices that may change over time. It is therefore important to respect the above terms.
If you have any further questions, please contact us at [email protected].
5. Awards
The sales prices indicated on the Site are in euros and include all taxes, but exclude delivery costs. Any delivery charges are indicated to the user before the order is validated, and are invoiced at the end of the order in addition to the price of the products selected.
Please note that for the European Union, the price to be paid is in euros and is always clearly indicated before the order is confirmed.
We reserve the right to modify our prices at any time, but we undertake to apply the current prices indicated on the Site at the time of your order.
6. Availability
You will note that we will honour 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 e-mail within 15 days of the date of your order in order to inform you of this and to indicate how soon this product could, if necessary, be delivered to you.
If some of the products ordered are temporarily unavailable, we undertake to send you the available products and to send you the rest of the order at a later date. We may also offer to send you an item of equivalent quality and price as a replacement for the unavailable product. If you refuse, we will reimburse you for the product in question. If you wish to return it to us under the conditions set out in article 9 (withdrawal period - satisfied or reimbursed), you will be responsible for the costs.
7. Delivery method
Your order will be delivered to the address you provided when you placed 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 cost of this option depends 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 of late delivery or loss of a parcel caused by a third party to the contract of carriage or by you or due to an unforeseeable and insurmountable cause constituting a case of force majeure.
In the event of non-receipt of a parcel, an investigation is carried out with the carrier and may take several days. During this period, no refund or return can be made.
On receipt of your order, we recommend that you check the conformity of the products delivered with your order and, if necessary, indicate any anomalies on the delivery note in the form of handwritten reservations accompanied by your signature.
Without prejudice to applicable legal warranties, we recommend that you address any reservations regarding product defects existing at the date of delivery as soon as possible by post to ONE SURFING CO, 2 rue Barrasquit - ZA des 2 pins, 40130 Capbreton, FRANCE or by e-mail to [email protected].
Products may only be returned in their original condition, i.e. with their packaging, accessories and instructions for use.
In the event of proven non-conformity, the User will have the choice between repairing or replacing the product, unless the cost of the latter option is clearly disproportionate to the cost of the former.
Additional information may be requested, or even required, to validate your purchase.
To avoid delays, please enter the following information when placing your order:
- a valid e-mail address.
- a home or office telephone number, or a cell phone number where you can be reached at any time during the day.
We apologize for any inconvenience caused, but these measures are proof of our determination to protect our customers from credit card fraud.
8. Secure payment
For payment by credit card, the debit is made at the time of your order, on condition that you have previously obtained authorization to debit your account from the relevant payment centers, failing which your order cannot be taken into account.
9. Right of withdrawal. Money back guarantee
You have a right of withdrawal of 14 days (provided by 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 may return the product at your own expense, accompanied by your invoice and the duly completed and signed returns form. Please note that return shipping costs are at our expense if you are part of the "ONE ATHLETE" program and have recycled at least 1 "ONE" suit.
Please return the goods to us by registered post or recorded delivery and take out insurance with the carrier for the market value of the products. This is particularly necessary in the event of spoliation or loss of these goods by their services. In all cases, the return will be at the customer's expense, unless the customer is part of the "ONE ATHLETE" program and has recycled at least 1 "ONE" suit.
This right of return will only be accepted for products in their original condition and complete (packaging, accessories, instructions, etc.) and in good condition. Items returned incomplete, damaged or soiled by the customer will not be accepted.
The above-mentioned deadlines run from the day of receipt of the order.
In the event of a refund:
- if the product is returned within 14 days (as evidenced by the postmark) of its delivery to you, ONE SURFING CO will refund you in cash, by bank transfer.
- in the event of an expert appraisal of the product 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 carried out on your equipment.
10. Back
For all returns, you must return the parcel(s) to us by post (or other carrier).
Please note that shipping costs are at the customer's expense 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. Warranties and after-sales service
All our equipment sold benefits from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects
The cost of shipping the item(s) is borne by the customer unless he/she is part of the "ONE ATHLETE" program with the recycling of at least 1 "ONE" suit.
For all returns, you must return the parcel(s) to us by post (or other carrier).
ONE SURFING CO will then take care of any repairs. Whatever the problem with your item, it is imperative that you enclose a copy of the invoice, the warranty card and the return slip (to be requested by e-mail to [email protected]).
Please note that the warranty does not cover
- Damage caused by reasons other than defects in materials or workmanship.
- Use of the suits for commercial, rental, teaching or school purposes.
-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 sold as a product with existing defects.
- Products repaired by another repair service.
12. Liability
ONE SURFING CO is responsible for the proper performance of the obligations arising from the distance selling contract, even when these obligations are performed by service providers, without prejudice to its recourse against them. However, ONE SURFING CO is exempt from liability if it proves that the improper performance 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 any damage inherent in the use of the Internet, in particular the presence of a computer virus or external intrusion, or any case of force majeure.
13. Personal data protection
The information you provide is essential for the processing and dispatch of orders, and for the preparation of invoices and 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 true and accurate information about yourself. Providing false information is contrary to the present general terms and conditions as well as to the conditions of use appearing on the Site.
In accordance with the French Data Protection Act, the processing of your information has been declared to the French Data Protection Authority (CNIL).
ONE SURFING CO is authorized to collect, process and use information concerning you. This data is subject to computer processing.
This activity is strictly regulated: the file has been declared to the Commission Nationale Informatique et Libertés (CNIL).
You have a permanent right of access and rectification on 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 find out what information it has on you. You may modify this information at any time upon request.
ONE SURFING CO is the sole owner of the information concerning you. If you agree to this when you log on to the Site, promotional emails (e-mails) offering you news, exclusivities, new content, etc. will be sent to you.
You can ask to no longer receive 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 site optimization purposes. It is associated with an anonymous user ID, and then stored in order to create usage profiles. Cookies can be used to collect and store this data, but it always remains anonymous. This data cannot be used to identify a user personally 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 e-mail 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 settlement of disputes
The law applicable to the present contract is French law.
In the event of a dispute, the parties agree to use their best efforts to find an amicable solution in the interests of both parties before bringing the matter before the courts, failing which the claim will be inadmissible.
[1] Articles L.211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in 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 responsibility."
Article L.211- 5 of the French Consumer Code: "To conform to the contract, the good must :
1° Be fit for the purpose ordinarily expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.
2° Present the qualities that a purchaser may legitimately expect having regard to the public declarations made by the seller, the producer or his representative, particularly in advertising or labelling.
3° Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L.212-12 of the French Consumer Code: "The action resulting from a lack of conformity is barred after two years from delivery of the goods. of the French Consumer Code: "Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods."
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them."
Article 1648 al. 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.