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General conditions of Sale |
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Article 1: Acceptance of General Conditions of Sale
Placing an order on www.Surf-Designs.com and confirming this order signifies total and complete acceptance of the present general conditions of sale.
Article 2: Conclusion of the act of sale
The sale is concluded under the terms of French law, in compliance with regulations on mail-order sales, when the purchase order has been validated. The automatic purchase order registering system is considered as being proof of the nature of the contract and its date.
After reception of the order and when payment has been validated, the order is considered to have been accepted by Surf Designs. Surf Designs will then send confirmation to the purchaser by E-mail indicating the price of sale, transport costs, the delivery time and the means of transport. Similarly, Surf Designs will inform the customer by E-mail in the event of any refusal to accept an order or should an ordered product be unavailable. It is to be remembered that, as the same products may be on sale on different sites, certain products may become unavailable. In this case, Surf Designs will reimburse the customer for all sums paid.
Article 3: The parties’ general obligations
3.1 Surf Designs’s obligations:
3.11 Processing orders
By accepting an order, Surf Designs agrees to sell to the customer and have delivered to him the products he has ordered, subject to the conditions laid down in above article 2.
3.12 Availability
Works presented on the www.Surf-Designs.com sites are normally available and the site is updated after every sale. However, if, for any reason whatsoever, a work reputed to be available cannot be delivered to the customer, any amounts he may have already paid will be integrally reimbursed to him, but without him having any possibility of claiming for damages.
3.13 Information on the products
The photographs illustrating the products are for information purposes only and cannot be considered as a contractual element. Despite all our efforts to make our photographs attractive and to make them as close to reality as possible, certain colours may be slightly different.
3.2 The Purchaser’s obligations:
Over and above payment of his order, the purchaser will provide Surf Designs with all the information required for delivery, especially an address to which delivery can be made during normal working hours.
Article 4: Price, invoices
4.1 Price
The total price indicated by Surf Designs in the confirmation of order is firm and definitive. This price includes the cost of the articles ordered, together with packaging and transport costs.
For France, all prices are tax included.
For all countries in the European Union, value added tax is included in the cost of the products in compliancy with European agreements. No extra customs duty or VAT will need to be paid.
For the rest of the world, VAT and other customs and excise duties and transport costs may be added to the price given on the www.Surf-Designs.com sites and will be at the consignee’s expense.
4.2 Invoice
An invoice is supplied for each order if asked by the customer.
4.3 Means of payment
Payment for products may be made by bank card, transfer or cheque.
4.4 Security of payment
All entries of bank card numbers and dates of expiry made by the customer are made in SSL mode in a secured BNP Paribas payment zone.
As a result, Surf Designs does not know the customer’s bank data or bank card number at any time. In an objective of total security, it has no possible way of obtaining access to this information.
Article 5: Transport, delivery
5.1 Delivery times
Delivery times are not contractual. For information, they are generally 48 hours for France, 5 days for the European Union and approximately 8 days for the rest of the world.
5.2 Transfer of Risk
Risk on products is transferred when they are handed over to the carrier by Surf Designs (insurance costs included). They are insured during transport until delivery to the customer, but products travel at the latter’s risk and peril.
5.3 Reservations
We recommend all customers to unpack and check the merchandise in the presence of the carrier and give notification of any possible damage.
The customer may only make any reservations for delivery non-compliant with the order, or for damaged merchandise. In the latter case, this must be noted on the delivery slip and delivery must be refused.
All delivery refusals must be notified by e-mail or normal mail to Surf Designs.
Article 6: Free examination period
In compliance with the measures laid down in Article L. 121-16 of the French Consumer Code, the customer has a period of 7 working days after the date of delivery for returning the delivered product for exchange or reimbursement. In this case, return expense are at the customer’s cost and transport under his responsibility. Articles must be returned in their original packaging.
The article may be replaced or refunded as the customer so wishes. Reimbursement will be made within a maximum period of 30 days. In the event of replacement by one or more different articles, if the difference in price is to the benefit of Surf Designs, it will be paid by the customer by credit card before dispatch of the newly ordered goods; if the difference in price is to the benefit of the customer, Surf Designs will reimburse this difference within a period of 30 days.
Article 7: Force majeure
Neither Surf Designs nor the customer may be held responsible for non-execution of the contract attributable to a case of force majeure, such as: war, strikes, earthquakes, etc, without this list being exhaustive.
Article 8: Assignment of jurisdiction
Only French law is applicable.
In the event of any possible dispute on the interpretation or the execution of the present conditions of sale and should the parties be unable to come to an amicable solution, jurisdiction is assigned to the French Courts, more especially the Commercial Court of Bordeaux.
Article 9: Copyright
10.1 Copyright on the website www.Surf-Designs.com
The www.Surf-Designs.com is the exclusive property of Surf Designs. It is expressly forbidden to copy them or to sell any electronic or printed reproduction of their contents.
Legal information:
Surf Designs & Storiart
19 théatre de Verdure,
33600 – Pessac – France
A limited liability company with capital of 6820 euros
RCS Bordeaux : 498 798 289
n° TVA : FR 32 498 798 289
Contact: Jonathan BUNEL
Phone : +33 (0)6.81.41.15.99
All the pages of this web site are protected by French copyright and legislation on the protection of databases. No reproduction of this document, even partial, other than what is allowed for under Article L 122-5 of the Intellectual Property Code may be made without the author’s express permission.
This site has been declared (number pending) to the French Data Protection Authority (Commission Nationale Informatique et Libertés).
All information collected on our site respects principles of confidentiality. Information is only needed for processing orders correctly and will not be transmitted to any third party at any time or in any way.
If, under the terms of articles 34 to 37 of the Law on Data Processing and Freedom (law n° 78-17 dated January 6th 1978), you wish to receive any nominative information that may concern you, or to have any such information corrected, please write to the above address.
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