Terms and conditions of sale

TERMS AND CONDITIONS – NOMADS SURFING

These general terms and conditions of sale (hereinafter referred to as the“GTCS“) are entered into between, on the one hand,

NOMADS SURFING SARL, a company with share capital of €300, located at 22 rue André Maginot, 33700 Mérignac, France, registered with the RCS of Bordeaux under number 832224539, with intra-community VAT number FR832224539, (hereinafter the“Company“).

and, on the other hand, any individual or legal entity making a purchase (hereinafter the“Customer“) via the https://www.nomads-surfing.com website, the exclusive property of the Company (hereinafter the“Site“).

CONTRACT

These General Terms and Conditions of Sale govern the sale of all products presented on the www.nomads-surfing.com website by NOMADS SURFING SARL. Their purpose is to define the mutual obligations of the parties and the various stages of the order process.

These terms and conditions are subject to change. It is therefore understood that the applicable conditions are those in force on the Site at the time the order is placed by the Customer.

The parties agree that their relationship will be exclusively governed by these GTC, to the exclusion of any other condition.

The products offered for sale on the Site may not be transferred for consideration of any kind whatsoever.

Any order duly validated on the www.nomads-surfing.com website implies full and unconditional acceptance of these GTC.

These GCS are accessible at any time on the Site, in particular at the time of order validation.

PRODUCTS

Products displayed on the Site can only be delivered while stocks last. If the product is not available, the Company undertakes to inform the Customer as soon as possible. The customer will then have the option of keeping or cancelling the order and will be reimbursed for the missing product(s).

The Customer waives any claim in connection with the order or delivery of a product not available on the Site.

The Company endeavours to describe the products offered for sale as accurately as possible. However, the Company cannot be held liable for any errors in this presentation. Illustrations and photos of products in support of the text are for information purposes only and are not contractually binding. Under no circumstances may the Company be held liable on the basis of said illustrations/photos.

ORDER PROCESS

Customers wishing 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 his basket, while retaining the option of deleting the product(s) he has selected.

Identification: the Customer must complete the identification form provided and enter the information requested (mandatory information: surname, first name, address, e-mail, password, telephone number for delivery).

Checking the order: the customer checks the contents of the order, the total price, the delivery and billing addresses, while retaining the possibility of deleting a product or modifying the billing and delivery address. By clicking on “Confirm my order and pay”, he/she validates his/her order and confirms unreserved acceptance of the GCS.

Enter bank details: name, card number, validity date, cryptogram. Customers can register their card for future purchases by clicking in the appropriate box.

Acknowledgement of receipt of the order: the Customer receives an e-mail summarizing the contents of his order, i.e. :

– order number and date

– list of products ordered

– delivery terms

– order amount

It is advisable to keep and print this document as 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 implies acceptance of the prices and descriptions of the products available for sale. The Company undertakes to honour orders received on its website only within the limits of available stocks.

Order confirmation: the Customer receives an e-mail confirming acceptance of the order by the Company. The contract is deemed to have been concluded on the date on which the Company sends this e-mail to the Customer.

Order dispatch confirmation: the customer receives an e-mail confirming dispatch of the order.

Order tracking: If the customer wishes to obtain information on the tracking of his order, he can contact the carrier Mazet for boards or La Poste for small packages.

PRODUCT PRICING

The prices indicated on the Site are in euros, including VAT. VAT is charged at the rate in force in mainland France at the time the order is placed. Any rate change will be applied immediately to the current order.

Product prices do not include shipping costs, which are extra. The Customer will be informed of the latter on the summary screen before final validation of the order.

However, order preparation depends on the geographical delivery zone:

For deliveries in metropolitan France and in countries belonging to the European Union, the order will be established TTC.

For deliveries to DOM TOM AND OUTSIDE THE EUROPEAN UNION, the order will automatically be established exclusive of tax. Customs duties, other local taxes, import duties or state taxes may be payable on entry into the country. These rights 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, from time to time, offer the Customer 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 GCS.

DELIVERY

5.1. GENERAL

Items offered for sale on the Site are delivered to the delivery address given by the Customer on the order form.

5.2. TERMS OF DELIVERY

For all products, orders are prepared for dispatch from the Company’s warehouses within an average of 72 working hours (subject to stock availability) from e-mail confirmation of the order. This timeframe is provided for information purposes only and does not bind the Company.

Orders are then delivered by carrier (Colissimo Expert, Chronopost or Geodis); the Company is not responsible for the times or conditions under which delivery is made by these service providers.

5.3. DELIVERY TIMES AND RATES

The Company does not deliver to post office boxes.

The lead times announced on the Site are purely indicative and depend on the destination and availability of the product ordered. Exceeding this deadline may not give rise to any cancellation of the order, any reduction in the price paid by the Customer, or any payment of damages. However, in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, in the absence of delivery at the end of a period of thirty (30) days from the day following that on which the Customer placed his/her order, the Customer will have the option of cancelling his/her order. The sums paid will then be reimbursed (excluding shipping costs).

In cases where it is able to do so, the Company reserves the right to offer a product of equivalent quality and price 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 case of partial deliveries, transport costs will only be invoiced for the first delivery.

The products are insured by the Company until delivery.

5.4. PRODUCT ACCEPTANCE 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 make any necessary reservations on the delivery receipt,

– must send a declaration of reservations to the carrier within 48 hours of delivery by registered mail with acknowledgement of receipt

– send a copy of this letter to the Company’s Customer Service Department: 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. Failing this, no claim may be made by the Customer against the Company.

PAYMENTS

The customer may pay by credit card directly on the Site, using a Visa or Mastercard. Payment by bank transfer, cheque or cash on delivery is not accepted.

The invoice amount will be debited from the Customer’s account on the date of payment.

To ensure the security of payments, the Site uses the Stripes secure payment service. This service integrates the SSL security standard. Confidential data (credit card number, expiry date, cryptogram) is transmitted encrypted directly to the Stripes server.

The payment request is routed in real time to the Stripes telepayment manager. The latter sends an authorization request to the credit card network. The telepayment manager issues an electronic certificate.

For any payment by credit card on the Site, the electronic certificate issued by the telepayment manager will constitute proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 et seq. of the French Civil Code. In this respect, the dates and times of the server will prevail between the parties.

The Company reserves the right to refuse an order if there is a previous dispute in progress or an abnormally high level of orders.

RIGHT OF WITHDRAWAL

The customer has 14 days from the date of receipt of the goods to exercise his right of withdrawal. The customer may request an exchange or refund of the product(s) purchased. After 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 his wish to withdraw within 14 days of receipt of his order. The Customer can find a model retraction form by contacting the Company by email: contact@nomads-surfing.com.

The Company will send an e-mail acknowledging receipt of the withdrawal as soon as it is informed of it.

The customer fills in the returns form accompanying the product(s) purchased, specifying whether an exchange or refund is required for each product.

7.1 EXCHANGE

The exchange is made for the same product of a different size or color if the amount is the same and within the limit 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, unused, unworn and correctly folded.

The cost of returning and redelivering the product(s) to be exchanged shall be borne by the Customer.

7.2 REIMBURSEMENT

If the Customer opts for a refund, the Company will reimburse the Customer for the price of the product(s) returned. Refunds will be made within a maximum of 14 days from the date of receipt of the returned product in perfect condition. Reimbursement may be deferred until recovery of the products or proof of shipment of the products by the Customer. The refund will be made using the same payment method as the one used for the initial transaction. If reimbursement is not possible (virtual card, expired card, etc.), reimbursement will be made by cheque sent to the Customer’s home address. The cost of returning the product(s) to be refunded shall be borne by the Customer.

LEGAL WARRANTIES AND AFTER-SALES SERVICE

8.1 Legal warranty of conformity

Article L217-4 :

“The good conforms to the contract if it meets in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract.

Article L217-5 :

“I.-In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria:

1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses 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 the contract is concluded, unless the parties agree otherwise;

4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as 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 labelling.

II.-However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the purchase decision.

III -The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.”

Article L217-12 :

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs, in particular with regard to

1° The value that the good would have had in the absence of the lack of conformity ;

2° The extent of the lack of conformity; and

3° The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.

If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.”

Article L217-16 :

“In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel 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 benefits received under the contract.

If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods.

For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. In addition, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to cancel all related contracts.

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of rescission for digital content and digital services, are applicable to the rescission of a contract for the sale of goods containing digital elements.”

8.2 Warranty against hidden defects

Article 1641:

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648, paragraph¹:

“The action resulting from redhibitory defects must be brought by the purchaser within two years of thediscovery of the defect.”

8.3 Exclusion

Legal warranties 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 to by the Customer. In order to benefit from the product warranty, it is essential to keep the product purchase invoice and the delivery note.

Product returns and after-sales service should be sent to NOMADS SURFING SARL 22 rue André Maginot 33700 Mérignac, France.

PRIVACY

The Company acts as data controller with respect to the data and processing carried out in execution of the undertakings referred to in these GTC. Data subjects are informed by means of the Site’s data processing policy, which can be accessed at: https://www.nomads-surfing.com/politique-de-confidentialite/

RESPONSIBILITIES

The Company may not be held liable for any events, inconveniences or damage inherent in the use of the Internet, in particular in the event of service interruption, external intrusion or the presence of computer viruses, in accordance with the Site’s Legal Notice.

Furthermore, the Company shall not be held liable for non-performance of the contract in the event of unforeseen circumstances, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flood or fire. The Company shall not be held liable for any indirect damage resulting from the present, such as operating loss, loss of profit, damage or expenses, which may arise.

ATTRIBUTION OF COMPETENCE

These terms and conditions are governed by French law. They are written in French, and in the event of translation into other languages, this is the only version to be considered authentic in the event of contradiction.

Any dispute that cannot be settled amicably will be submitted to the exclusive jurisdiction of the competent Paris courts, notwithstanding multiple defendants and/or third-party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.