Terms and conditions
Preamble
These Terms and Conditions of Sale define the rights and obligations of the parties in respect of sales made on the online store www.pridebodyboards.com. Pride Bodyboards reserves the right to adapt or amend these terms and conditions of sale at any time. In the event of any change, the terms and conditions of sale in force on the day the order is placed apply to each order. Any order for a Product offered on the site implies the Buyer’s acceptance of these terms and conditions of sale.1- IDENTIFICATION OF THE SELLER AND THE CUSTOMER
The parties are defined as follows:The seller Pride Bodyboards, or www.pridebodyboards.com, is the company Napco Global SARL, with share capital of €220,000, whose registered office is at 876 avenue des Rémouleurs, 40150, Soorts-Hossegor, France, registered with the Bayonne Trade and Companies Register under number 501 752 893, whose intra-Community VAT number is FR 81 501 752 893, and represented by Mr Frédéric Bouchet.
The Customer or Buyer on www.pridebodyboards.com must be of legal age and be a private customer whose purchases are not made for commercial purposes.
2- IDENTIFICATION OF THE CUSTOMER ON THE SITE
A customer who has already made a purchase on www.pridebodyboards.com may choose a password so that, for subsequent orders, they do not have to fill in the forms preceding the order again.A customer who has already registered is recognised on the site as a customer of www.pridebodyboards.com. The password held by the customer of www.pridebodyboards.com is strictly confidential and personal. It must never be disclosed or passed on to anyone.
Should the customer of www.pridebodyboards.com lose or forget their password, they may click on “forgotten password” on www.pridebodyboards.com. Pride Bodyboards will then send a new temporary password to their contact e-mail address, which they must change the next time they log in.
In order to make it easier to identify the customer by supplying the e-mail address and password at the same time, the Customer expressly authorises www.pridebodyboards.com to place a file known as a “cookie” on the customer’s hard drive, for the sole purpose of facilitating that identification.
3- PRODUCTS
The items shown on www.pridebodyboards.com are offered while stocks last. The descriptions and photographs illustrating them are presented as accurately as possible; nevertheless, should any errors or omissions occur, www.pridebodyboards.com may not be held liable. The photographs illustrating the products alongside the text do not form part of the contract.4- VALIDITY OF THE OFFER
Any order placed on www.pridebodyboards.com constitutes acceptance by the customer of the prices of the products and services offered for sale, as well as of these Terms and Conditions of Sale.Sale prices are shown inclusive of all taxes, in Euros, Pounds Sterling, Dollars or Australian Dollars, excluding order delivery costs where applicable. The VAT of the delivery country applies to the order amount.
The prices of the products shown on www.pridebodyboards.com may be modified. Pride Bodyboards reserves the right to change prices without notice. The prices displayed at the time of purchase are the prices applicable to that purchase.
5- ORDER AND DATA CHECKS
Any order confirmed on www.pridebodyboards.com before 11:00 (GMT+1) from Monday to Friday will be prepared and shipped the same day. After that time, it will be shipped on the next working day. This service time is not guaranteed on public holidays or during certain periods (peak activity, stocktaking, etc.).Pride Bodyboards checks the orders placed on www.pridebodyboards.com. These checks, based on various criteria, may lead our Customer Service team to contact you to ask for additional supporting documents.
Any suspected fraud will be investigated and, if necessary, prosecuted. By submitting your order you accept these terms. Pride Bodyboards reserves the right to refuse an order for any reason whatsoever. Pride Bodyboards also reserves the right to cancel any purchase (order already accepted) without being held liable for any damage or costs incurred, for the following reasons:
- the product is no longer available
- your order is flagged by our security systems as unusual or potentially fraudulent
- we have reason to believe that you are a minor
- we have reason to believe that you are a reseller
- we were unable to deliver to the address you provided
6- PAYMENT
6.1/ PAYMENT SECURITYPayment security on www.pridebodyboards.com is taken very seriously. Bank transactions are secured by the PayZen payment system (www.payzen.eu). All the information exchanged to process the payment is encrypted using the SSL protocol. This data cannot be detected, intercepted or used by third parties. Nor is it stored on our computer systems.
In addition, purchases made on www.pridebodyboards.com comply with the 3D-Secure standard. 3D-Secure is a protocol developed by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to strengthen the security of online payments. This protocol is based on an additional check during an online purchase: in addition to the bank details, the buyer is asked to enter a piece of personal data allowing their bank to identify them and approve the transaction.
Please note: PayZen is a technical provider and does not handle disputes relating to orders. These must be settled directly with www.pridebodyboards.com and/or your bank.
6.2/ PAYMENT METHODS
The payment methods accepted on www.pridebodyboards.com are Visa, Carte Bleue, MasterCard and PayPal.
7- DELIVERY
7.1/ DELIVERY COUNTRIESAny order confirmed on www.pridebodyboards.com before 11:00 (GMT+1) from Monday to Friday will be prepared and shipped the same day. After that time, it will be shipped on the next working day. This service time is not guaranteed on public holidays or during certain periods (peak activity, stocktaking, etc.).
To this preparation time must be added the delivery times detailed in the Delivery rates and times section. www.pridebodyboards.com offers delivery to mainland France, the countries of Europe and the United Kingdom
7.2/ DELIVERY PROBLEMS
The customer must notify the carrier and Pride Bodyboards, using the contact form in the ‘Questions’ section of the site, of any reservations about the product received (e.g. damaged parcel, already opened, etc.) within 3 days of receiving the product.
The customer may then benefit from the refund conditions provided for that purpose.
7.3/ DELIVERY RATES AND TIMES
Mainland France, Corsica & Monaco:
- Express delivery with DHL or Geodis
- 2 to 3 working days
- Rates in the delivery section
8- RETURNS
For claims concerning ordered products (damaged products, non-conforming products) and in the context of exercising the right of withdrawal, the Customer may return the products to NAPCO GLOBAL within 14 working days of receiving them, by following the procedure below:
• The customer must contact customer service using the form in the “ contact ” section of the site• Return number: Pride Bodyboards customer service will provide the Customer with a return number, which must be included with the returned products.
• Condition of the returned products: the customer must return the products carefully packed in a secure parcel, and they must be in their original condition, ready for sale (unwashed, unworn, undamaged)
• Return address: products returned by the Customer must be sent to:
NAPCO GLOBAL
Ecommerce Returns
876 Avenue des Rémouleurs
40150 Soorts-Hossegor
• Return costs: return costs are borne by the Customer
• Responsibility for returns: returning the products is the Customer’s responsibility. Pride Bodyboards therefore recommends that the Customer send the parcel by registered post so that it can be tracked.
• Checking returns: as soon as the parcel is received, Pride Bodyboards will inspect the products in order to approve or reject the return. If the return does not comply, the products will be sent back to the Customer. If the return is approved, an e-mail will be sent to the Customer to confirm that the return has been processed.
• Refunds:
-For returns of faulty or non-conforming products: if the return is approved, Pride Bodyboards will refund the amount of the products as well as the delivery costs to the Customer account used to pay for the order.
-For returns of products under the right of withdrawal, Pride Bodyboards will refund only the amount of the products. The refund will be made as quickly as possible and in any event within 14 days of receiving the return.
Failure to follow this procedure and these deadlines will, without prejudice to the applicable legal warranties, render claims invalid, and the products supplied by Pride Bodyboards will be deemed free from any defect.
9- EXCHANGES
Exchanges are not offered on www.pridebodyboards.com; once your item has been returned, we invite you to place a new order online.10- INTELLECTUAL PROPERTY
All the elements of the www.pridebodyboards.com site, whether visual or audio, including the underlying technology, are protected by copyright, trade mark or patent law and image rights. They are the exclusive property of www.pridebodyboards.com; any hyperlink pointing to the www.pridebodyboards.com site and using in particular the framing, deep-linking or in-line linking technique, or any other deep-link technique, is in any event strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from www.pridebodyboards.com. More generally, any total or partial reproduction of the www.pridebodyboards.com site is strictly prohibited. In order to use any element or information contained on this site, you must obtain the prior agreement of Pride Bodyboards.11- CUSTOMER SERVICE
Pride Bodyboards Customer Service can be reached:- by e-mail: contact@pridebodyboards.com
- by telephone: +33 5 59 01 14 14 (standard rate call)
12- WARRANTY
All our products benefit from the statutory warranty regime, provided that they have been used normally and that the care instructions have been followed.Article L211-4 of the French 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. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the contract made the seller responsible for it or it was carried out under the seller’s responsibility.
Article L211-5 of the French Consumer Code
To conform to the contract, the goods must:
- 1º Be fit for the purpose usually expected of similar goods and, where applicable:
- match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- display the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; - 2º Or display the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
Any action arising from a lack of conformity is time-barred two years after delivery of the goods.
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovering the defect.
13- DATA PROTECTION
13.1/ PERSONAL INFORMATIONPersonal information is processed by Pride Bodyboards for the purposes of customer relationship management and prospecting. To enable you to receive offers from our partners, we may pass this information on to them. In accordance with the French Data Protection Act of 6 January 1978, as updated by the Act of 6 August 2004, the Customer has a right to access, rectify and object to data concerning them.
13.2/ COOKIES
The Site uses cookies. A cookie is a computer file stored on the hard drive of the Customer’s computer. Its purpose is to record a previous visit by the Customer to the Site. Cookies are used by www.pridebodyboards.com solely in order to personalise the service offered to the Customer. The Customer remains free to refuse cookies by configuring their Internet browser. They then lose the ability to personalise the service delivered to them by Pride Bodyboards through the Site.
13.3/ WEB BEACONS
Some web pages of the Site may contain web beacons that make it possible to count the number of visitors to the Site and/or to provide Pride Bodyboards with a number of indicators. These Web Beacons may be used with some of our partners, in particular in order to measure and improve the effectiveness of the Site. In any event, the information obtained through these Beacons is strictly anonymous and simply allows statistics to be compiled on visits to certain pages of the Site, in order to serve the Customers of our Site better.
14- MISCELLANEOUS PROVISIONS
14.1/ FORCE MAJEUREPride Bodyboards shall not be liable for the total or partial non-performance of its obligations under this contract if that non-performance is caused by an event of force majeure, in particular in the event of disruption or total or partial strike action affecting, among others, the postal services and means of transport and/or communication, flood or fire.
The Parties agree to consult one another as soon as possible in order to determine how the order is to be handled for the duration of the force majeure event.
Beyond one month of interruption due to force majeure, the Parties shall be released from their obligations towards one another.
14.2/ ENTIRE AGREEMENT
These terms and conditions of sale and the order summary sent to the customer form a contractual whole setting out the entirety of the agreements between the parties.
14.3/ RETENTION AND ARCHIVING OF TRANSACTIONS
Invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy.
14.4/ APPLICABLE LAW – COMPETENT COURTS
These terms and conditions of sale and the contractual relations between Pride Bodyboards and the customer are governed by French law. In the event of a dispute, exclusive jurisdiction is granted to the competent French courts. Pride Bodyboards undertakes, however, to seek an amicable solution before any legal action.
