General conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE – NOMADS SURFING
These general terms and conditions of sale (hereinafter the “ GTC ”) are concluded between, on the one hand,
The company NOMADS SURFING SARL, a company with capital of €300, located at 22 rue André Maginot, 33700 Mérignac, France, registered with the Bordeaux Trade and Companies Register under number 832224539, with intra-community VAT number FR832224539, (hereinafter the “ Company ”).
and, on the other hand, any natural or legal person making a purchase (hereinafter the “ Customer ”) via the website https://www.nomads-surfing.com, the exclusive property of the Company (hereinafter the “ Site ”).
- CONTRACT
These General Terms and Conditions govern the sale of any product presented on the Website www.nomads-surfing.com by the company NOMADS SURFING SARL. They aim to define the mutual obligations of the parties as well as the different stages of the ordering process.
These General Terms and Conditions may be subject to change. Therefore, it is understood that the applicable conditions are those in force on the Site at the time the Customer places the order.
The parties agree that their relations will be governed exclusively by these General Terms and Conditions, to the exclusion of any other conditions.
The products offered for sale on the Site may not be transferred for payment, of any nature whatsoever.
Any order duly validated on the Site www.nomads-surfing.com implies full and unreserved acceptance of these General Terms and Conditions.
These T&Cs are accessible at any time on the Site and in particular when confirming the order.
- PRODUCTS
The products visible on the Site are only deliverable while stocks last. If the product is unavailable, the Company undertakes to inform the Customer as soon as possible. The Customer will then have the option to keep or cancel their order and will be reimbursed for the missing product(s).
The Customer waives any claim relating to the order or delivery of a product not available on the Site.
The Company strives to describe the products offered for sale as accurately as possible. However, if any errors may have occurred in this presentation, the Company cannot be held liable. The illustrations and photos of the products used in the text are provided for informational purposes only and are not contractually binding. Under no circumstances can the Company be held liable on the basis of said illustrations/photos.
- ORDERING PROCESS
The Customer who wishes to place an order must follow the following procedure:
Product selection: the Customer selects the product he wishes to order.
Checking the contents of the selection: the Customer checks the contents of their basket while retaining the option to delete the product(s) they have selected.
Identification: the Customer must complete the identification form provided and provide the requested information (mandatory information: surname, first name, address, email, password, telephone number for delivery).
Order verification: The Customer verifies the contents of their order, the total price, the delivery and billing addresses, while retaining the option to delete a product or modify the billing and delivery address. By clicking on “Confirm my order and pay,” they validate their order and confirm their unconditional acceptance of the General Terms and Conditions.
Enter banking information: name, card number, expiration date, cryptogram. The Customer can save their card for future purchases by clicking on the relevant box.
Acknowledgment of receipt of the order: the Customer receives an email summarizing the contents of his order, namely:
– the order number and date
– the list of products ordered
– delivery terms
– the amount of the order
It is advisable to keep and print this document, which is the official proof of the order. The order is then recorded and processed by the Company, which checks the availability of the product(s) ordered. Any order placed constitutes acceptance of the prices and descriptions of the products available for sale. The Company undertakes to honor orders received on its website only within the limits of available stocks.
Order confirmation: the Customer receives an email confirming the Company's acceptance of their order. The contract is deemed to be concluded on the date the Company sends this email to the Customer.
Confirmation of order dispatch: the Customer receives an email confirming dispatch of their order.
Order tracking: If the customer wishes to obtain information on the tracking of their order, they can contact the carrier Mazet for boards or La Poste for small packages.
- PRODUCT PRICES
Prices listed on the Site are in euros, including VAT. VAT is applied at the rate in effect in metropolitan France at the time of the order. Any change in the rate will be applied immediately to the current order.
Product prices do not include shipping costs, which are additional. These costs will be made known to the Customer on the summary screen before final confirmation of the order.
However, the establishment of the order depends on the geographical delivery area:
For deliveries to mainland France and countries within the European Union, the order will be established inclusive of VAT.
For deliveries to the French Overseas Territories and outside the European Union, the order will be automatically established excluding taxes. Customs duties, other local taxes, import duties, or state taxes may be payable upon entry into the country. These duties are not the responsibility of the Company. They are the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities of the country concerned.
The products remain the property of the Company until full payment of the price; the risks are transferred to the Customer upon delivery, who will guarantee the Company, in particular in the event of damage and/or destruction.
The Company may occasionally offer the Client price reductions, discounts and rebates, according to the conditions set at its discretion. Any facility granted by the Company shall not constitute a waiver of the rights agreed to in these General Terms and Conditions.
- DELIVERY
5.1. GENERAL INFORMATION
The items offered for sale on the Site are delivered to the delivery address that the Customer has provided on the order form.
5.2. DELIVERY TERMS
For all products, the order is prepared for departure from the Company's warehouses within an average of 72 working hours (subject to stock availability) from the order confirmation by email. This timeframe is given for information purposes only and is not binding on the Company.
Delivery of orders is then ensured by carrier (Colissimo Expert, Chronopost or Geodis); the Company is not responsible for the timeframes or conditions under which delivery is ensured by these service providers.
5.3. DELIVERY TIMES AND RATES
The Company does not deliver to PO boxes.
The delivery times announced on the Site are purely indicative and depend on the destination and availability of the product ordered. Exceeding this deadline cannot give rise to any cancellation of the order, any reduction in the price paid by the Customer, and any payment of damages. However, and in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, in the event of non-delivery at the end of a period of thirty (30) days from the day following the day on which the Customer placed his order, the Customer will have the option to cancel his order. The sums he has paid will then be refunded (excluding shipping costs).
In cases where it has the capacity, the Company reserves the right to offer a product of quality and price equivalent to the initial product.
The Company cannot be held responsible for additional delays caused by the non-issuance of a bank authorization or an incomplete purchase order.
In the event of partial delivery, transport costs will only be charged for the first delivery.
The products are insured by the Company until delivery.
5.4. RECEIPT OF PRODUCTS AND COMPLAINTS
The Company recommends that the Customer check the apparent condition of the products upon delivery. In the event of an anomaly (damaged packaging, missing or damaged products), the Customer:
– must issue all necessary reservations on the delivery receipt,
– must send a declaration of reservation to the carrier by registered letter with acknowledgment of receipt within 48 hours of delivery
– send a copy of this letter to the Company’s Customer Service: 22 rue André Maginot, 33700, Mérignac, France.
In case of doubt, the Customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product. Otherwise, no claim may be made by the Customer to the Company.
- PAYMENTS
The Customer may pay by credit card directly on the Site, using a Visa or Mastercard. Payment methods such as bank transfer, check, and cash on delivery are not accepted.
The invoice amount will be debited from the Customer's account on the payment date.
To ensure payment security, the Site uses the Stripes secure payment service. This service incorporates the SSL security standard. Confidential data (credit card number, expiration date, cryptogram) are transmitted directly encrypted to the Stripes server.
The payment request is routed in real time to the Stripes payment processor. Stripes sends an authorization request to the bank card network. The payment processor issues an electronic certificate.
For any payment by credit card on the Site, the electronic certificate issued by the electronic payment manager will constitute proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the Civil Code. In this regard, the dates and times of the server will be binding between the parties.
The Company reserves the right to refuse an order if there is a prior dispute in progress or an abnormally high order level.
- RIGHT OF WITHDRAWAL
The Customer has 14 days to exercise their right of withdrawal, starting from the date of receipt of the ordered goods. The Customer may request an exchange or refund of the product(s) purchased. Beyond the 14-day period, the Company is free to refuse the exchange, credit note, or refund.
The exchange or refund procedure is as follows:
The Customer must inform the Company of their wish to withdraw within 14 days of receiving their order. The Customer can find a sample withdrawal form by contacting the Company by email: contact@nomads-surfing.com.
The Company will send an acknowledgment of receipt of the withdrawal by email as soon as it is informed of it.
The Customer completes the return form accompanying the product(s) purchased, specifying whether it is an exchange or a refund for each product.
7.1 EXCHANGE
The exchange is made for the same product in a different size or color if the amount is the same and within the limits of stock availability. The exchange will be processed within a maximum of 14 days from the date on which the Company is informed of the Customer's decision to withdraw, provided that the product is returned in perfect condition, if applicable unused, unworn and correctly folded.
The costs of returning and re-delivering the product(s) to be exchanged are the responsibility of the Customer.
7.2 REFUND
If the Customer opts for a refund, the Company will reimburse the Customer for the price of the returned product(s). The refund will be made within a maximum of 14 days from the date of receipt of the returned product in perfect condition. The refund may be deferred until the Customer recovers the products or provides proof of shipment of the products. The refund will be made using the same payment method as that used for the initial transaction. If a refund is not possible (virtual card, expired card, etc.), the refund will be made by check sent to the Customer's home address. The cost of returning the product(s) to be refunded is the responsibility of the Customer.
- LEGAL GUARANTEES AND AFTER-SALES SERVICE
8.1 Legal guarantee of conformity
“ The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract .
“ I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3° That the public statements could not have had any influence on the purchasing decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
“ The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, particularly with regard to
1° Of the value that the property would have in the absence of a lack of conformity;
2° The significance of the lack of conformity; and
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium .
"In the cases provided for in Article L. 217-14 , the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.
If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods which conform.
For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2 , the consumer has the right to terminate all contracts relating thereto.
The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements.
8.2 Guarantee of hidden defects
Article 1641 :
" The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ."
Article 1648, paragraph 1:
“ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect .”
8.3 Exclusion
The legal guarantees do not cover damage resulting from misuse of the product, normal wear and tear due to its use, failure to follow washing or maintenance instructions or when the products have been modified, repaired, integrated or added by the Customer. To benefit from the product guarantee, it is essential to keep the product purchase invoice and the delivery note.
Product returns and after-sales service should be sent to the NOMADS SURFING SARL After-Sales Service, 22 rue André Maginot, 33700 Mérignac, France.
- CONFIDENTIALITY
The Company acts as data controller with respect to the data and processing carried out in execution of the commitments referred to in these General Terms and Conditions. Data subjects are informed by posting its data processing policy on the Site, accessible at: https://www.nomads-surfing.com/privacy-policy/
- RESPONSIBILITIES
The Company cannot be held liable for any events, inconveniences or damages inherent to the use of the Internet network, in particular in the event of service interruption, external intrusion or the presence of computer viruses, in accordance with the Legal Notices of the Site.
Furthermore, the Company shall not be held liable for non-performance of the contract concluded in the event of unforeseeable circumstances, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire. The Company shall not incur any liability for any indirect damages resulting from this agreement, such as loss of business, loss of profit, damages or costs, which may arise.
- ATTRIBUTION OF COMPETENCE
These General Terms and Conditions are subject to French law. They are written in French and, in the event of translation into other languages, this is the only version that will prevail in the event of a contradiction.
Any dispute which has not been resolved amicably will be submitted to the exclusive jurisdiction of the competent courts of Paris, notwithstanding multiple defendants and/or third-party claims, even for emergency procedures or interim relief proceedings by summary proceedings or by application.
- CUSTOMER SERVICE AND AFTER-SALES SERVICE
You can contact Customer Service free of charge by email or telephone for any questions regarding your order, its shipping and tracking:
By telephone: Internet Customer Service: +33 (0)6 48 50 04 17 (Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m.).
By email to: contact@nomads-surfing.com
By mail : NOMADS SURFING SARL — 22 rue Andre Maginot — 33700 Merignac — France