General Terms and Conditions of Sale
Applicable from August 24th 2016
Section 1 General Provisions
These terms and conditions (hereinafter "the Conditions") set out the terms and conditions of sale of products offered by the company RIP CURL EUROPE on its merchant website at the following address: www.ripcurl.eu (hereinafter "the Website")
The company RIP CURL EUROPE (hereinafter "the Company" or "RCE" or "Seller") is a joint stock company with capital of 1,000,000 euros, whose head office is located at 407 Avenue de la Tuilerie, 40150 Soorts-Hossegor, France and registered with the Dax Trade and Companies Registry under number 332 899 731, whose VAT number is FR 09 332 899 731 and SIRET number is 332 899 731 00035, and represented by Mr. Willem Adrianus PRINS.
The products in this contract (hereinafter "Products") are manufactured and sold by RCE and are visible and available on the Website within the limits of available inventory.
This contract is stipulated between RCE and any non-selling individual (hereinafter "Customer") that has a valid shipping address in one of the countries mentioned in Section 3 below and wishes to make a purchase from the Website (hereinafter "Order") for his or her personal use.
The Customer may contact RCE customer service at any time:
RIP CURL EUROPE
407 Route de la Tuilerie
- By telephone: +33 969 394 069
In these Conditions, the Seller and the Customer shall be individually called "Party" and collectively the "Parties."
Section 2 Purpose
These Conditions are intended to define the terms of sale between the Seller and the Customer for the Products ordered on the Website.
The Parties expressly agree that these Conditions govern their contractual relationship, their reciprocal rights and obligations, and all steps involved in the Order process. The validation of the Order placed by the Customer implies acceptance without limitation or reservation with regard to these Conditions. To this end, the Customer must have read the Conditions and checked the box "I have read and accept the General Terms and Conditions of Sale" when placing his/her Order. The Conditions may be saved and/or printed by the Customer.
The Seller reserves the right to modify its General Terms and Conditions of Sale. Conditions shall be applicable from the date of their online publication and shall apply to Orders placed from that date.
If a condition of sale is missing from these Conditions, it shall be governed by the rules and regulations applicable to distance selling companies headquartered in France.
These Conditions are written in French and English. Should doubts or difficulties in interpretation arise, the Conditions drafted in the French language shall prevail.
Section 3 Offer Validity
The Products offered by the Seller on its Website may only be sold to customers with a valid delivery address in Metropolitan France, Corsica, Belgium, the United Kingdom (excluding Jersey and Guernsey), Germany, Ireland, Austria, the Netherlands, Luxembourg, Spain (excluding Canary islands, Ceuta and Melilla, Balearic islands and Gibraltar) and Portugal (excluding Madeira and Azores).
The Products shown and offered on the Website will be available until inventory is depleted.
The Seller agrees to notify the Customer by email of the unavailability of a Product after an Order has been placed. The Product in question shall be canceled and shall be, if necessary, refunded within 15 days of Order confirmation. The remainder of the Order shall remain firm and final. Seller full or partial cancellation of the Order placed by the Customer shall entitle the Customer to any compensation due to the unavailability of the Products.
Section 4 Product Presentation
Products offered for sale are described and presented as accurately as possible. One or more photographs and a description detailing the essential characteristics of the Product are available prior to Order placement.
However, minor differences between a Product and photograph may exist, depending in particular, on the resolution and the user’s screen color definition. Photographs and descriptions of the Products offered for sale on the Website are for information purposes only and have no contractual value.
The prices indicated next to each Product offered for sale are in euros (€) or GBP (£) inclusive of all tax, but excluding shipping and handling charges for the Order (see Section 7 "Delivery").
The VAT rate shall be the rate applicable by French law on the date of Order validation by the Seller or, if exceeding the thresholds set by the Member State in which the Customer is based, the VAT rate in effect in the country of Order delivery on the date of Order confirmation by the Seller.
The prices applied are those indicated on the Website and confirmed to the Customer during Order validation. Shipping fees are communicated to the Customer in the Order summary before the Order is validated and are expressed inclusive of all tax. Said shipping fees are borne by the Customer and are charged in addition to the sale price of the Products.
The Order price is payable in full on the day the Order is placed by the Customer. The Seller shall not be required to deliver the Order if the price has not been paid in full.
The Seller may change the Product price at any time, but it agrees to apply the prices indicated on its Website at the time the Order is validated by the Customer.
In the event an obviously incorrect price (low price) is displayed, for whatever reason (including a manual or technical error or IT problem), the Order, including Orders already approved by the Seller, will be canceled. The Customer will be informed as soon as possible of cancellation and may, if desired, replace his/her Order at the corrected price.
4.3 Discounts and promotions
The discounts and promotions offered on the Website shall be valid only during the period of validity specified in the offer in question and within the limits of available inventory. Said discounts and promotions may not give rise to any payment or reimbursement of an amount to the Customer.
Promotional operations and discounts are limited to the Customer concerned. Any transfer to third parties is prohibited.
The amount of the promotion or discount will be deducted from all taxes included in the Order, excluding Order shipping and handling costs, which shall remain the responsibility of the Customer.
Except for special promotions, offers and discounts may not be combined.
Section 5 Ordering
Placing an Order requires payment. The Customer explicitly acknowledges its obligation to pay for any Order placed on the Website.
To place an Order on the Website, the Customer shall follow the following procedure:
When placing his/her first Order, the Customer shall complete a form containing all information required to place the Order. He/she shall indicate a delivery address and email address. He/she shall choose a delivery method.
He/she shall select the Products of choice by clicking to add them to the shopping cart.
When placing the Order, the Customer may obtain a summary of the Products selected at any time by clicking the "My Cart" link.
He/she can then continue shopping or complete selection and place the Order by making payment.
If the Customer is already registered on the Website, he/she shall identify him/herself by entering an email address and password. He/she must then validate the delivery address entered during a previous Order and then select the Products as indicated above.
Once the Order has been verified, the Customer shall have read and accepted these Terms and Conditions, which can be saved and/or printed.
6.1 Payment method
The Customer may pay for the Order online by credit card (Carte Bleue, Visa, Mastercard, Maestro, Sofort, Ideal, Bancontact, Paypal) by entering his/her credit card number and expiration date, as well as the three figures indicated on the back of the credit card.
For payment using a PAYPAL account, the Customer will be redirected to the PAYPAL account and once the payment has been confirmed, he/she will be able to complete the Order.
The Customer's bank account will be debited when the Order is shipped.
The Customer guarantees the Seller that it has the required authorizations to use this payment method. The Seller reserves the right to suspend any Order and delivery in the event of credit card payment authorization by banks or in the event of non-payment of any amount due by the Customer. New Order(s) may be refused by the Seller in the event of delayed payment or non-payment, whether partial or total, of a previous Order by the Customer.
RCE has mandated the HIPAY company to receive payment for the Order. The HIPAY company (an SAS with capital of 1,014,561 euros, headquartered at: 6, place du colonel Bourgoin, Paris Trade and Companies Registry number 390 334 225) is a payment institution authorized in France by the ACPR (Autorité de Contrôle Prudentiel and de Résolution - French Prudential and Resolution Control Authority).
HIPAY complies with all instructions and recommendations of the various suppliers of means of payment methods and complies with security best practices. The credit card transactions made using the HIPAY system are processed in an environment that meets the PCI-DSS standard.
The payment page used by HIPAY is secure according to the SSL (Secure Socket Layer) standard. When the Customer makes a payment, the HIPAY secure payment page of appears automatically. A secure payment page is a payment page whose address begins with the characters "HTTPS".
Confidential credit card information (credit card number, expiration date, Cvv2 code) used to pay for the Order on the Website is subject to encrypted transmission and does not pass through the RIP CURL servers.
When the Order has been validated, the corresponding request for payment is subject to an authorization request for the credit card used by the Customer to pay for the Order. Successful Order payment is indicated by a "payment confirmation" message.
The Customer may obtain a record of the transaction from the bank at which the account associated with the credit card is established.
The data relating to the transaction made is retained by HIPAY for a period of 5 (five) years. This data is encrypted and secure. This data is kept in order to process disputes and to fight fraud. HIPAY does not provide any data to third parties for advertising or marketing purposes.
As the Seller may not be held liable for any direct and indirect damage or disadvantage associated with the use of the Internet beyond the measures and precautions taken by the Seller to this effect, the Customer is reminded that it is his/her responsibility to verify that he/she is indeed on a secure payment page when proceeding with Order payment (indicated by the padlock icon + "https" page address), that he/she should not entrust minors or third parties with his/her credit card, not disclose codes or passwords to anyone either by email or telephone, must use a computer system that is up to date and protected by anti-virus software.
To fight credit card fraud and identity theft, RCE reserves the right to request that the Customer provide a photocopy of a valid piece of ID and/or proof of residence. Pending these documents, the Order will be placed on hold and have a status of "pending validation". To ensure quick processing of the Order, the Customer agrees to provide the documents that may be required by the Seller no later than 10 working days from the date requested. If said documents are not provided, RCE may cancel the Order without any compensation to the Customer.
In the event of fraudulent use of his/her credit card on the Website, the Customer should immediately contact the Seller’s Customer Service Department at the address/telephone number indicated in Section 1 above. This information shall not give rise to Customer compensation or to any refund from the Seller, as the Customer must contact the credit card issuing bank.
The Seller retains ownership of the Product(s) until receipt of payment in full of the Customer Order.
6.4 Electronic Signature
The provision of the Customer’s online credit card number and the final validation of the Order shall serve as proof of Customer consent, in accordance with the French law of March 13, 2000 and indicate:
- Payment is due under the terms of the Order
- Signature and express acceptance of all transactions.
6.5 Proof and electronic archival
The Customer and Seller agree that all digital items exchanged between them constitute admissible evidence that is valid and enforceable and has the same probative force as a private deed of sale.
Pursuant to Article 1348 of the French Civil Code, purchase orders and invoices are archived by the Seller on reliable and durable media.
Section 7 Delivery
7.1 Delivery area, time frame and costs
In one of the areas listed in Article 3 of the Conditions, the Products are shipped with delivery slips to the address indicated by the Customer at the time of Order placement.
Products will be delivered within a maximum of 10 working days of the Order confirmation sent by the Seller to the Customer.
It is understood that the delivery times may vary, without exceeding the maximum indicated above, according to the delivery method selected by the Customer.
Delivery costs for the various delivery methods are as follows:
<€180 / <£150
Standard Delivery: GLS
Express Delivery: DHL
7.2 Order Tracking
When the Order is ready to be shipped, the Customer will receive an email at the address provided when placing the Order, confirming Order shipment. This email will also include the Order invoice.
An Order tracking number will also be sent to the Customer by email.
7.3 Transfer of Risk
Risk of loss and damage to the Customer's Order are transferred at the time of Order delivery, i.e. hand delivery of the Order.
However, in the event of return according to the Conditions set forth in Article 9 below, and in the event of delivery errors (7.4), the Products will travel at the Customer's risk until their actual receipt by the Seller at the return address.
7.4 Delivery Errors
The Customer shall make delivery error claims to the Seller no later than 14 calendar days following delivery.
Delivery error shall mean non-compliance of the Products as compared to the description contained in the Order Form (incorrect product number, size, color).
All delivery error claims submitted after the deadline indicated in the first paragraph of this Section shall be rejected.
Claims must be submitted to the Seller's customer service department at the address indicated in Section 1 of these Conditions.
Claims not made in accordance with the rules defined above and within the specified time limit cannot be taken into account, and release the Seller from any liability in this respect.
Upon receiving the claim, the Seller will issue an exchange number to the customer. Product(s) may be exchanged only after receipt of said exchange number.
In the event of a delivery error, the Product(s) to be exchanged must be returned to the Seller in their original condition and ready for sale (unwashed, unworn).
Return costs are the responsibility of the Seller but Product return is the responsibility of the Customer. Therefore, the seller recommends that the Customer use insured registered mail to be able to track return parcel shipment.
In the event of an error of delivery, fees for reshipping the exchanged Product(s) shall be borne by the Seller.
If the delivery error created a change in the price paid by the Customer when the Order subject to the claim was shipped, the Seller shall make the necessary corrections, which may include either a refund to the Customer, or an additional charge to the latter, depending on the nature of the delivery error.
Section 8 Legal and Contractual Guarantees
In accordance with the provisions of the French Consumer Code, the Customer has the right to withdraw from the transaction within 14 working days of receipt of the Product(s). This allows the Customer to return the products without justification or payment of penalties.
The procedures for exercising this right of withdrawal are indicated in the section 9 "Returns and refunds" below.
A contact form for withdrawal is available to the Customer on the Website
An acknowledgment of the withdrawal will be sent to the Customer on a durable medium.
Only products returned in their original packaging and in perfect sale condition will be accepted. Consequently, any returned products that have been washed and/or worn or in damaged packaging will not be accepted.
The terms of reimbursement for the Products in connection with the exercise of the right of withdrawal are provided in the section 9 "Returns and refunds" below. Only the return shipping costs will be the responsibility of the Customer.
8.2 Legal and commercial guarantees if applicable
The Products are covered by a conformity guarantee and a guarantee against hidden defects, which allow the Customer to return the defective Products to Seller.
"Article L217-4 of the French Consumer Code:
The Seller shall deliver Products in conformity with the contract and is held liable for defects of conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, instructions for assembly or installation when required by the contract or carried out under its responsibility."
"Article L217-5 of the French Consumer Code:
To be compliant with the contract, the Product(s) must:
1. Be suitable for the purpose usually expected of a similar product, and, if applicable:
- correspond to the description provided by the Seller and possess the qualities it presented to the buyer as a sample or model;
- possess the features that a buyer might reasonably expect after the public statements made by the Seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement by the Parties or be suitable for any particular purpose sought by the buyer and made known to the Seller, to which the latter agreed."
"Article L217-12 of the French Consumer Code:
The action resulting from conformity defects is limited to two years after delivery of the Product(s)."
"Article 1641 of the French Civil Code:
The Seller is obliged to guarantee against hidden defects of the item sold which might render it unfit for the use for which it was intended, or that might decrease this use to an extent that the buyer would not have purchased it, or would have paid a lower price if he/she had been aware of such defects."
"Article 1648 of the French Civil Code:
The action resulting from latent defects must be taken by the buyer within two years after discovery of the defect.
In the case provided for by article 1642-1, action must be taken, under penalty of lapse of rights, in the year following the date on which the Seller may be discharged for defects or visible conformity defects."
In case of claim by the Customer on the ground of conformity guarantee, the Customer:
- Is entitled to act on this ground within two years after the delivery of the good;
- Can choose between repair or replacement of the good, depending on costs limits as stated under article L 217-9 of the French Consumer Code;
- Is not required to prove the existence of conformity defect of the good during six months following its delivery. This time frame is extended to twenty-four months as from March 18th 2016 except for second-hand goods.
Conformity guarantee shall apply independently of commercial guarantees if any.
The Customer may also decide to act on the ground of legal guarantee against hidden defects following Article 1641 of the French Civil Code, in which case Customer can choose between cancellation of the sale or a reduction of the selling price according to Article 1644 of the French Civil Code.
The Customer is expressly informed that the Seller is not the manufacturer of all Products offered for sale on the Website, pursuant to law no. 98-389 of May 19, 1998 concerning liability for defective products.
When a Product has a specific guarantee, the time frame and guarantee conditions are provided at the following address http://www.ripcurl.eu/en/customer-service/warranty-informations.html
Watches and neoprene wetsuits may benefit from after-sales service. The contact information for the various points of after-sales service and the conditions for benefiting from said service are provided at the following address http://www.ripcurl.eu/en/contact.html
Consumer’s Mediation process:
According to the Consumer’s code, articles L611-1 and R612-1, for a claim related to a contractual obligations stemming from sales contract that has not been resolved by contacting previously RCE’s customer service, the Customer will then be able to use the mediation process for free. He’ll need to contact l’Association Nationale des Médiateurs (ANM) either by sending a letter at 62, rue Tiquetonne 75002 PARIS, FRANCE or by filling out the online form at the following address : www.anm-conso.com
The following website www.economie.gouv.fr/mediation-conso will give you all the necessary information for cross-border consumer disputes.
The Customer can also go to the Online Dispute Resolution Platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR
Section 9 Returns, exchanges and refunds
For claims regarding Products ordered (damaged Products, Products not conforming to the Order) and in the context of the exercise of the right of withdrawal, the Customer may return the Product(s) to the Seller within 14 working days of receipt of said Products by strictly following the procedure below:
a) Return form: the Customer must fully complete the Return Form inside your delivery package.
b) Return number: this is automatically generated on your return voucher
c) Condition of the Product(s) returned: the Customer must return the Product(s) carefully packed in a secure package and the Product(s) must be in their original condition and ready for sale (unwashed, unworn, undamaged)
d) Return address: the(s) Product(s) returned by the Customer to the Seller shall be sent to:
RIP CURL EUROPE
ECOMMERCE SITE RETURNS
407 AVENUE DE LA TUILERIE
40150 SOORTS-HOSSEGOR - FRANCE
e) Return costs: return costs are free.
f) Responsibility for returns: Product returns are the responsibility of the Customer. Therefore, the seller recommends that the Customer use insured registered mail to be able to track return parcel shipment.
g) Return verification: upon receipt of the return, the Seller will inspect the Product(s) in order to validate, or not, the return. Return verification will be processed as soon as possible after receipt of the Products by Seller. If the return does not comply, the Product(s) shall be sent back to the Customer. If the return is validated, an email will be sent to the Customer to inform him/her of the status of processing of his/her return.
- For returns of defective Products or those not compliant with the Order: if the return is validated, the Seller will refund the price of Product(s) to the Customer to the bank account used by the Customer for payment of the Order.
- For Product returns in the context of withdrawal, the Seller shall refund the Customer the price of the Product(s) and the standard shipping costs (one way) for the Product(s). Shipping costs (one way) shall not be refunded if any of the Products purchased from the Seller are kept by the Buyer, as the Customer benefited from the shipping service for the kept item(s), since delivery rates do not vary according the volume ordered. The refund will be made as soon as possible and, in any event, within 14 days of recovery by the Seller of the Product(s) subject to withdrawal.
Failure to comply with the procedure and deadlines indicated above, and without prejudice to applicable legal guarantees, the Customer may not make any claims, and the products supplied by the Seller shall be considered to be free of defects.
All elements of the Seller Website, whether audio or visual (such as text, illustrations, photographs, company names, distinctive signs, trademarks (this list is not exhaustive)) are protected by copyright, trademarks and/or French, European and international patents and are the exclusive property of the Seller. For this reason and in accordance with the provisions of the French Intellectual Property Code, only strictly personal use of the Website is permitted, and provided that the elements of the Seller Website will not be changed. Any reproduction or total or partial transmission of the Website www.ripcurl.eu is strictly prohibited without prior written authorization from the Seller.
Section 11 Personal Data Protection – French Data Protection and Freedom of Information Law
RCE collects some personal information required to process Customer Orders. This information is strictly confidential and intended solely for the Seller and/or the various providers involved in the management of the Customer Order.
RCE may communicate this data to the various agencies and authorities that are legally entitled by injunction of said legal authorities or to defend its rights or those of its employees, customers or any other person.
Customer personal data is sent and stored at the Website host, which is located in France, and whose address is provided in the "Legal" section of the Website.
In accordance with the "Informatique and Liberté" law (French Data Protection and Freedom of Information Law) of January 6, 1978, as amended by the law of August 6, 2004, the Customer is entitled to access, modify, correct and delete his/her personal data. The Customer may exercise this right by sending a letter indicating his/her first and last names, and email and postal addresses to the following address: RIP CURL EUROPE Service Clients 407 Route de la Tuilerie 40150 SOORTS-HOSSEGOR, France, or by email, to the following address: firstname.lastname@example.org
The Customer may also modify his/her personal data from the Customer Account area by identifying him/herself with an email address and password.
Section 12 Liability and Force Majeure
The Seller may not be held liable for damage caused to the Customer due to breach by the Seller of these Conditions and of any legal obligation.
The Seller shall not be held liable for any direct and indirect damage or disadvantage associated with the use of the Internet (including a service interruption, external intrusion or presence of computer viruses) that falls outside of the measures and precautions taken by the Seller for this purpose.
The Seller shall not be liable for the total or partial non-performance of its obligations set out in the Order placed by the Customer, provided that such non-performance is caused by an event of force majeure as defined by the French positive law.
In such a situation, the Seller will inform the Customer of the occurrence of such an event within three (3) working days of its occurrence, by e-mail. After a period of 1 (one) month, and should said force majeure event persist, the Order will be canceled and will, where appropriate, be subject to reimbursement by the Seller within a maximum period of 30 (thirty) days.
Section 13 Safeguard Clause
If one or more provisions of these Conditions is considered or deemed at any time to be prohibited and/or null and invalid under any law, regulation or subsequent to a final court decision, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Section 14 No Waiver Clause
The fact that one Party does not claim a breach by the other Party of any of the obligations set forth in these Conditions shall not be construed as a waiver on his part of the obligation in question.
Section 15 Applicable Law and Jurisdiction
These Conditions and any matter relating to their interpretation or execution shall be subject to the application of French law. For disputes or claims, the Customer should first contact the Seller Customer Service Department (whose contact information is provided in Section 1 above) to find an amicable solution. Otherwise, the Customer may use mediation process as per article 8.2 above or bring legal proceedings before the competent courts.