General Terms and Conditions of Sale
ARTICLE 1 – SCOPE AND AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to all orders placed on the website www.waimea.fr.
waimea.fr reserves the right to amend or modify these General Terms and Conditions of Sale at any time. In the event of any amendment, the terms and conditions in force on the date of the order shall apply to each order.
ARTICLE 2 – PRODUCT
AVAILABILITY Upon receipt of your order, we will check the availability of the product(s) ordered. If a product is unavailable, we undertake, within 30 days of the order being confirmed, either to deliver the product you have ordered, to offer you a similar product at a similar price, or to refund you by cheque or in the form of a credit note.
We only sell items that are in stock or available to order from our suppliers.
The order confirmation date corresponds to
: - The date of the order in the case of online payment by credit card.
- The date the cheque is received, in the case of payment by cheque
; - The date the bank transfer is received, in the case of payment by bank transfer
. In the event of an exceptional stock shortage for one of the products in your order, we may dispatch the remainder of your order with your consent.
Pre-order items:
- The availability date is displayed on the product page on the website.
- Pre-ordering allows you to purchase and therefore reserve your product in advance. You are guaranteed to receive it as soon as it becomes available on the website.
Please note that the manufacturer may change the availability date at any time. Please note that all products ordered alongside your pre-order item will also be delivered on that date, unless you specify otherwise.
ARTICLE 3 – ELECTRONIC CONFIRMATION OF ORDERS
Every order placed on Waimea.fr involves 4 steps.
1/ Add items to your basket.
2/ Enter your billing and delivery details.
3/ Review and final confirmation of your order.
4/ Select your chosen payment method in your basket.
An order will be considered valid once these four steps have been successfully completed.
ARTICLE 4 – PRICES
Prices are quoted inclusive of all taxes. Waimea.fr reserves the right to amend its prices at any time but undertakes to apply the prices in force as quoted to you at the time of your order, subject to availability on that date.
ARTICLE 5 - PAYMENT METHODS AND SECURITY
In all cases, payment is made in euros. For deliveries outside the EU, we provide a tax-free form (for subsequent VAT refund) for customers residing outside mainland France.
Payment Methods.
You may make payment
: - by credit/debit card:
Payment is processed via a secure server. This means that none of your banking details are transmitted via the Waimea.fr website. Payment by credit/debit card is therefore completely secure; your order will be registered and confirmed as soon as payment is accepted;
- by bank transfer:
Your order will then be held for 8 days. If your transfer is not received within this period, it will be cancelled. The order will only be processed upon receipt of your transfer and following confirmation.
Our bank details:
SAS PLEIN TUBES
Résidence Les Sables d’Or
3 Esplanade des Gascons
64600 Anglet
Bank: BPACA ANGLET BAHINOS
Bank code: 10907
Branch code: 00015
Account no.: 01621425550
RIB key: 26
IBAN: FR76 1090 7000 1501 6214 2555 026
BIC: CCBPFRPPBDX
Security:
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in plain text over the network. Waimea.fr does not retain these details under any circumstances after the transaction. This is why you are asked to re-enter them for each new transaction on our website.
Retention of title clause:
The products remain the property of Waimea.fr until full payment for the order has been received by Waimea.fr. However, upon delivery, the risk associated with the goods delivered is transferred to the customer.
Non-payment:
Waimea.fr reserves the right to refuse to make a delivery or fulfil an order from a customer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently being resolved.
Anti-Fraud Checks:
Waimea.fr, in collaboration with SystemPay, checks all orders that have been confirmed on its website. These checks are designed to protect Waimea.fr from fraudulent practices carried out by fraudsters. As part of these procedures, we may need to ask you to provide any documents required to release your order: proof of address and proof of direct debit in your name, etc.
These requests are made by email, followed by a letter sent by registered post with acknowledgement of receipt. The information provided on the order form is subject to automated data processing, for which SystemPay is the data controller.
The purpose of this automated data processing is to assess the risk level of a transaction and to combat credit card fraud. SystemPay and the retailer from whom you are making your purchase are the recipients of the data collected on the order form. Failure to provide the data on your order form will prevent your transaction from being processed and analysed. Should a payment default occur due to fraudulent use of a credit card, the details of the order form associated with this default will be recorded in a payment incident file maintained by SystemPay.
An irregular declaration or anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of 6 January 1978, you have the right, at any time, to access, rectify and object to the processing of all your personal data.
ARTICLE 6 – DELIVERY
TERMS AND TIMES For delivery within mainland France:
General information:
For parcel tracking purposes, we are unable to deliver orders to military bases or other military premises outside mainland France.
Products are delivered to the delivery address you provided during the ordering process.
All shipments are insured for the actual value of the goods.
We always recommend that you check the goods upon delivery. In any event, you have a maximum of 24 hours to notify us of any issues. Please note: in the event of a problem, you must keep the original packaging.
We accept no liability for delays caused by strikes, natural disasters, etc.
Postage charges:
Postage charges will be calculated automatically in the shopping basket. For orders under €99: A flat-rate fee of €8 to €12.
For orders over €99, delivery charges are 8 per cent of the order total.
Dispatch times:
Any item in stock is dispatched within 72 hours. In all other cases, availability is specified on the product page.
All stated lead times are calculated in working days. These are average lead times corresponding to the time taken to process, prepare and dispatch your order (leaving the warehouse). To this time, the carrier’s delivery time must be added.
Delivery times:
The product ordered is delivered by post or by an independent carrier, depending on the nature of the product ordered and at the sole discretion of Waimea.fr, to the address shown on the order form. The stated delivery times are calculated from the date of dispatch from our warehouse.
The choice of delivery method depends on the weight, volume and value of the items.
From parcel to delivery:
You must check that the goods delivered are as ordered at the time of delivery and before signing the carrier’s delivery note.
You must note any issues with the delivery (e.g. damaged goods) on the delivery note in the form of handwritten reservations accompanied by your signature. This check is deemed to have been carried out once the buyer, or a person authorised by them, has signed the delivery note.
Any damaged product must be refused; the carrier’s delivery note must be completed with the statement “goods refused as damaged during transit” and signed in the carrier’s presence. Photographs must be taken to document the situation.
NO CLAIMS WILL BE ACCEPTED IN THE EVENT OF DAMAGE IF THIS PROCEDURE IS NOT FOLLOWED.
You must also report any defects by registered post and confirm your reservations to the carrier within 48 hours of receiving the item(s), and send a copy of this letter to the following address:
Waimea.fr
3 place des Gascons
64600 Anglet
France
If the products need to be returned to us, a return request must be made to our Customer Services within 7 days of delivery. Any claim made outside this timeframe cannot be accepted. Returns will only be accepted if the products are in their original condition (including packaging, accessories, instructions, etc.).
If, upon delivery, the original packaging is damaged, torn or opened, you must check that it contains your entire order and, if necessary, note a reservation on the delivery note, specifying the nature of the damage.
We advise you to check your delivery address carefully when reviewing your order summary. In the event of an error in the delivery address, the postage costs for a new dispatch will be borne by the customer.
ARTICLE 7 – LIABILITY
Law No. 2004/575 of 21 June 2004 (extract)
: “ The trader is automatically liable to the consumer for the proper performance of the obligations arising from the distance contract, whether those obligations are to be performed by the trader who concluded the contract or by other service providers, without prejudice to the trader’s right of recourse against them.
However, the trader may be exempted from all or part of their liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer, or to an unforeseeable and insurmountable act by a third party to the contract, or to a case of force majeure. ’
ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with Article L.121-16 et seq. of the Consumer Code, the consumer has a period of 14 working days from the date of delivery of their order to return any item they are not satisfied with and request an exchange or a refund without penalty, except for the cost of return postage.
The product must be returned in good condition, accompanied by all its accessories, and must not have been used. The transaction amount will be refunded, less the postage costs.
Where possible, items must be returned to us in their original packaging and must not have been opened.
The right of return cannot be exercised for items that can be copied, unless they are returned to us within the specified time limit and in their unopened original packaging.
ARTICLE 9 – RIGHT OF RETURN AND EXCHANGE
You have 7 days from receipt of your parcel to return it to us at your own expense.
In the event of an exchange, we reserve the right to charge you for the postage costs of the new dispatch.
ARTICLE 10 - WARRANTY AND AFTER-SALES SERVICE
The manufacturer’s warranty is generally valid for one year, covering parts and labour; however, depending on the product’s brand, only the defective part may be covered.
To be eligible for the product warranty, you must retain the original purchase receipt. We would like to remind you that you are also covered by the statutory warranty against hidden defects pursuant to Articles 1641 et seq. of the Civil Code.
ARTICLE 11 – PROVISIONS OF THE ‘DATA PROTECTION’ ACT ’
At any time, you have the right to access, amend, rectify and delete data concerning you (Article 34 of the ‘Data Protection’ Act of 6 January 1978).
ARTICLE 12 – RENTAL
An inspection of the equipment will be carried out at the start and end of the hire period. In the event of damage, you will be charged for the cost of repairs:
Broken fin: €15; cracked or torn fin box: €50; 1 dent: €20; 2 dents: €40…; split board nose: €150; bent or broken board: €300.
Upon signing the hire contract, the customer acknowledges that the hired equipment has no hidden defects and that no claims will be accepted. In the event of personal injury, property damage or theft, your personal third-party liability insurance should cover these risks.
Cancellation of a booking made online is not possible via the website and will be considered final 72 hours before the start date of the hire. Only our customer service team is authorised to process cancellations and refunds at the customer’s request, sent by email to waimeasurfshop64@gmail.com, specifying: * ‘Cancellation of a hire’ in the subject line of the email, * the hire order number in the body of the email.
ARTICLE 13 - COMPANY
DETAILS waimea.fr
SAS PLEIN TUBES with a share capital of €200,
400 WAIMEA SURF SHOP
3 Esplanade des Gascons
Chambre d’Amour
64600 Anglet
France
R.C.S: Bayonne 335232294
VAT No.: FR 21335232294
SIRET No.: 33523229400025
Tel: (+33) 05 59 03 02 97
For any enquiries regarding our terms and conditions of sale, please contact us by email: waimeasurfshop64@gmail.com