GTCSGeneral Terms & Conditions of Sale
Between
The company SURFWISE (hereinafter “SURFWISE”), SAS with share capital of €200, whose registered office is located at 7 Rue Voltaire, 40510 SEIGNOSSE, France. Registered with the Dax Trade and Companies Register under number 995 053 360
And
Any natural person of legal age acting as a non-trader, having the legal capacity to contract, domiciled in the countries where delivery is available (hereinafter the “Customer”) making a Purchase of Product, a Booking of Lessons or Rental of Equipment on the website www.surfcornerseignosse.com (hereinafter the “Site”).
Collectively referred to as the “Parties” and individually as the “Party”.
PREAMBLE
These general terms and conditions of sale (hereinafter the “GTCS”) define the rules applicable to the Customer in the context of making a booking for a Lesson or Course, rental of Equipment or purchase of a Product marketed by SURFWISE on the Site (hereinafter the “Product(s) or Service(s)”).
The rented Equipment and booked Lessons/Courses are made available at the SURF CORNER Shop located at 1 Avenue de l’Orée, 40510 Seignosse (the “Shop”).
SURFWISE reserves the right to modify the GTCS at any time by publishing them on the Site.
The applicable GTCS are those in force on the Site on the date the Customer places his/her order; it being specified that any order for a Product or Service offered on the Site implies the Customer’s full and unconditional acceptance of these GTCS.
ARTICLE 1. PURPOSE
These GTCS are intended to define the conditions under which Products and Services are sold or rented by SURFWISE to the Customer. They therefore govern the various stages of the sale/rental process, from placing the order to delivery of the Product or Service to the Customer.
ARTICLE 2. PRODUCTS/SERVICES
The Products and Services offered for sale and rental by SURFWISE are those appearing on the Site on the day it is consulted by the Customer. Each Product/Service has a descriptive sheet indicating its price, characteristics and photographs. Minor differences may exist between a Product and its photograph, depending in particular on the resolution and colour definition of the Customer’s screen.
ARTICLE 3. PRICES
The prices applied are those displayed on the Site and confirmed to the Customer when validating the order (and VAT applicable on the day the order is validated).
Any delivery costs are communicated to the Customer in the order summary before validation and are expressed inclusive of all taxes. These costs are borne by the Customer and are invoiced in addition to the sale price of the Products.
The transfer of risks of loss and deterioration of the Products shall take place upon receipt of the Products by the Customer.
SURFWISE reserves the right to modify its prices at any time but undertakes to apply the prices indicated on the Site at the time the Customer places the order.
In the event of an erroneous price being displayed, which is manifestly derisory (ridiculously low price), whatever the reason (computer bug, manual or technical error, etc.), the order – even if validated by SURFWISE – will be cancelled. SURFWISE undertakes to inform the Customer of the cancellation of his/her order as soon as possible. Depending on availability, the Customer will be able to place the order at the corrected and correct price.
ARTICLE 4. ORDER AND PAYMENT FOR PRODUCTS AND SERVICES
4.1 PLACING AN ORDER
The Customer places his/her Order by completing the following 5 steps:
The Customer selects the chosen Products/Services and adds them to the basket after selecting the desired variants: duration, number of people, etc. / size, colour, etc.
The Customer checks the contents of the Basket showing the order summary. He/she can then modify or delete the Products/Services added to the order.
Once the order has been checked, the Customer can validate the basket. If he/she has a discount code, it must be entered in the space provided to benefit from it.
The Customer enters the delivery details and method. Fields marked with an asterisk (*) are mandatory. Unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address. If the Customer has a customer account, he/she must log in with his/her email address and password.
The Customer accesses the secure payment screen of SURFWISE’s partner. If the payment is accepted, the Customer is redirected to an order confirmation screen on the Site. In the event of payment failure (up to 3 attempts to enter bank details), the Customer is invited to contact SURFWISE’s customer service to find a solution together to finalise the order.
4.2 ORDER CONFIRMATION
After acceptance of payment, the Customer will receive an invoice and order confirmation by email summarising the Products/Services ordered, the billing/delivery address, the estimated date and delivery method.
The Customer’s validation of the order and the confirmation sent by SURFWISE constitute the conclusion of a sales contract between the Parties for Products, a rental contract for Equipment and a service contract for Lessons and Courses, and acceptance of these GTCS in all cases.
SURFWISE reserves the right not to validate the Order in the event of abnormal or abusive complaints, abnormal or abusive orders or returns/exchanges, existing dispute(s) with the Customer or any other suspicion of fraud.
The Site’s customer service is available to the Customer for any questions relating to his/her Order: contact@surf-corner-seignosse.com / 06.27.23.15.65
4.3 PAYMENT
The price of the ordered Products/Services is payable in full online at the time the Customer validates the order (payment methods offered depending on the type of order).
The debit authorisation request is made at the time the order is validated on the Site, except in the event of server unavailability. SURFWISE reserves the right to make a new debit authorisation request if the first one could not be completed due to server unavailability.
In the event of non-payment, incorrect address or any other problem with the Customer’s account, SURFWISE reserves the right to block the Order until the problem is resolved.
In the event of fraudulent use of his/her bank card on the Site, the Customer is invited to contact the Site’s customer service as soon as possible.
Transactions carried out on the Site are secured by SURFWISE’s payment partner system, namely CAWL (Crédit Agricole).
The payment partner checks that the connection with the Customer’s browser is secure before sending the payment form to the bank that carries out the financial transaction. It is a technical service provider. Disputes relating to Orders are handled directly by SURFWISE or, where applicable, by the Customer’s bank.
4.4 ORDER ARCHIVING
The order confirmation is recorded by SURFWISE on a reliable and durable medium. It constitutes proof of the contractual relationship between the Parties.
ARTICLE 5. DELIVERY
SURFWISE will deliver the ordered Products within a maximum of 20 working days for delivery to Metropolitan France, and 30 working days for delivery outside Metropolitan France, from the day following payment of the order.
In the event of exceeding the announced delivery time not justified by force majeure, the Customer must contact SURFWISE to agree a new delivery date.
For deliveries of Products outside France, the Customer must pay any applicable taxes or customs duties in the country of destination (see information from local authorities).
Regarding Equipment rental, it will be made available to the Customer at the Shop at the time chosen by the Customer and indicated on the order confirmation received.
For booked Lessons/Courses, the SURF CORNER school undertakes to contact the Customer following the Order to mutually agree on the reserved time slot(s) according to weather/sea conditions and the Customer’s availability. The duly informed Customer must arrive at the agreed time at the Shop. Failure to do so will result in the loss of the session, which will be deducted.
ARTICLE 6. RECEIPT OF THE ORDER – RIGHT OF WITHDRAWAL – RETURNS/EXCHANGES
6.1 PRODUCTS
The Customer must check the conformity of the Products received upon receipt. Any anomaly observed (in particular a damaged parcel, missing, damaged or non-conforming product) must be reported within 7 days of receipt of the Order by email to contact@surf-corner-seignosse.com
The Customer has a period of 14 working days from receipt of the Product order to return them without justification or penalty. After this period, except in the case of a hidden defect, no claim will be accepted by SURFWISE.
For any return, the Customer must return the Products in their original packaging or packaging protecting them from any damage, with their label and any accessories, indicating the corresponding order number, to the following address: SURFWISE - SURF CORNER, 7 Rue Voltaire 40510 Seignosse.
The risks and costs of return are borne exclusively by the Customer and returns against reimbursement are not accepted.
SURFWISE will offer the Customer: • either replacement of the Product(s) at SURFWISE’s expense, • or full refund of the price of the returned Product(s), excluding delivery fees, taxes and customs duties paid by the Customer upon delivery (and return costs). The Customer’s bank account will be credited with said amount within 8 days of SURFWISE receiving the returned Products.
In the event of abnormal or abusive complaints, SURFWISE may refuse a subsequent order.
6.2 SERVICES
Cancellation & Refund of Equipment Rentals and Booked Lessons/Courses:
• Cancellation by SURFWISE: In the event of poor weather conditions preventing instructors from providing the surf or bodyboard lesson or equipment rental, the Customer will be offered the possibility of rescheduling where possible. Failing this, a refund will be made.
• Cancellation by the Customer: The lesson or rental will be refunded only in the event of cancellation at least 7 days in advance OR upon presentation of a medical certificate stating that surfing/bodyboarding is contra-indicated for the Customer concerned.
Regarding Equipment rental, any overrun of the scheduled time will be invoiced accordingly.
ARTICLE 7. PERSONAL DATA – COOKIES – RIGHT TO IMAGE
7.1 PERSONAL DATA
SURFWISE, whose contact details appear in the “Legal Notices”, collects a number of personal data, namely:
• Surname, first name, delivery/billing address, telephone number and email address
• Login credentials (username and password)
• Purchase history
• Cookies and browsing data
These data are necessary for processing the order and are therefore required for the conclusion and performance of the sales/rental contract binding SURFWISE and the Customer.
They may also be used to communicate information about Lessons and Courses, Products, the Site or to offer commercial offers if the Customer consents when validating the order. The Customer may then withdraw consent at any time without affecting the lawfulness of processing carried out before withdrawal.
The information is strictly confidential and is identified by an asterisk (*) when necessary for SURFWISE and/or its service providers in the context of order management.
Following any injunction from legal authorities or to defend its rights or those of its employees, customers or third parties, SURFWISE may communicate these data to legally authorised bodies.
SURFWISE undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system.
This personal information is sent to and stored by the site’s host, whose contact details appear in the “Legal Notices”. It is also intended for service providers processing it on behalf of SURFWISE, in particular for payments, shipments and deliveries, hosting, email and newsletter distribution, statistical analysis (audience measurement), brand and product management. Contracts concluded with these providers and subcontractors are appropriate to protect the collected personal data and comply with current regulations.
In accordance with the law, the Customer has a right of access, rectification, modification and deletion of data concerning him/her as well as a right to portability of such data.
He/she may exercise this right by sending a letter to the following address: SURFWISE, 7 Rue Voltaire 40510 Seignosse France, or by email (contact@surf-corner-seignosse.com), specifying his/her surname, first name, email and postal address. He/she can also modify them from the customer account.
Personal data is kept for as long as necessary to fulfil the purposes set out above.
7.2 COOKIES
In order to process your order, better understand your needs and personalise the services offered on our site, SURFWISE uses cookies (computer files stored on your computer’s hard drive to signal your visit to our site).
Cookies record your visit time on the Site, your identity (via your email address and password) and the contents of your basket.
Once you log out of the Site, this information is retained for 20 (twenty) days before being permanently deleted.
The Customer’s consent is required prior to the collection of these cookies; he/she may therefore object to the recording of cookies, thereby losing all personalisation of the service offered on the site.
7.3 RIGHT TO IMAGE
In the event of photographs or videos being taken during the Lesson/Course, the Customer must inform SURFWISE of his/her refusal for his/her image to be used and/or distributed via SURFWISE’s communication media.
ARTICLE 8. LIMITATION OF LIABILITY
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, particularly regarding technical performance, response times, connection times, queries or information transfers, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network.
SURFWISE therefore cannot under any circumstances be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, server maintenance or malfunction, telephone line or any other technical connection, the Customer’s connection to the Site being made under his/her sole responsibility.
ARTICLE 9. FORCE MAJEURE
SURFWISE shall not be liable for total or partial non-performance of its obligations under the order placed by the Customer if such non-performance is caused by an event constituting force majeure as defined by law.
In this case, SURFWISE will inform the Customer of the occurrence of such an event within 5 (five) days of its occurrence, by email.
After a period of one month, and if the event constituting force majeure persists, the order will be cancelled and, where applicable, refunded by SURFWISE within a maximum of 30 (thirty) days.
ARTICLE 10. ENTIRE AGREEMENT
These GTCS constitute the entire agreement between the parties and supersede all prior and current agreements between SURFWISE and the Customer. Any waiver of any provision of the GTCS shall only be effective after written signature by a representative of SURFWISE.
If any provision of these GTCS is declared null, illegal or unenforceable by a court decision, the other provisions of the GTCS shall remain in force.
ARTICLE 11. APPLICABLE LAW, JURISDICTION & MEDIATION
The GTCS are performed and interpreted in accordance with French law.
In the event of a dispute or claim relating to these GTCS, the Customer shall first contact SURFWISE to obtain an amicable solution and, failing agreement, the dispute shall be submitted to the exclusive jurisdiction of the Dax Courts.
The Customer is informed that in the event of a dispute, he/she may initiate a free consumer mediation process in order to avoid legal action.