The seller is engaged in online commercial activities, and offers a service of selling products online via the website www.walrus-surfshop.fr. These general conditions (hereinafter referred to as "Terms and Conditions") are exclusively for individual buyers and consumers (non professional).
ARTICLE 1 – DEFINITIONS
Terms used in the Terms and Conditions have the following meanings:
Buyer: individual acquiring products via the internet site
Seller: Company Ltd. WALRUS SARL, 64 bis avenue de l’océan 33970 Cap-Ferret, France, 0557189243,contactATwalrus-surfshop.fr
N°siret: 837 573 039 R.C.S BORDEAUX; NAF: 7010Z. VAT : FR 89837573039
ARTICLE 2 – OBJECT
The Terms and Conditions are intended to define the rights and obligations of the seller and the buyer in connection with the sale of products through the website.
ARTICLE 3 – SCOPE
The Agreement applies to all sales of products by the seller to the buyer, via the internet site. Walrus SARL reserves the right to adapt or modify at any time the present general conditions of sale. If changed, the Terms and Conditions applicable to each order are the ones in place on the day of the order.
An order will be taken into account by the Seller after only after acceptance of the Terms and Conditions by the Buyer.
ARTICLE 4 – ORDER
The buyer orders through the site.
All contractual information is presented in French and English and will be subject to confirmation the latest at the time of delivery.
Article 4.1: Orders Validation
The buyer declares he took note of Terms and Conditions prior to the order and acknowledges that validation of its command implies acceptance of the Terms and Conditions.
The Purchaser further recognizes that Terms and Conditions are placed at his disposal in a manner that allows their conservation and reproduction, in accordance with the Article 1369-4 of the Civil Code.
To pass the Order, the buyer shall provide the seller data and information, and complete an online form accessible from the site.
Until the final step, the buyer will have the opportunity to return to previous pages, correct and amend its order and the information provided in advance.
An e-mail confirmation, acknowledging receipt of the order and covering all of this information will then be sent to the buyer as soon as possible. The buyer must therefore provide a valid e-mail address when filling out the fields relating to his identity.
4.2 Validity of the offer - Unavailability of products
Offers submitted by the seller on the site are valid as long as they are visible on the site, within the limits of available stocks.
Pictures and descriptions of the products are only indications, and will undergo minor modifications without the seller’s liability being incurred, or without the validity of the sale being disputed.
Upon receipt of your order, we check the availability of the product (s) ordered.
In the event of a product ordered by the buyer being unavailable, the seller agrees to inform the buyer by email when knowledge of such unavailability.
In the event of unavailability, we commit to exchange or refund the order within 30 days.
If running out on one of the products of your order:
We ship the rest of your order.
ARTICLE 5 – PRICE - PAYMENT
Prices of the products listed on the site’s pages is tax included and except the logistic costs of preparing and shipping.
The Seller reserves the right to change prices of products featuring on the Website.
However, products will be billed to the buyer on the basis of the rates in effect at the time of order validation.
Article 5.1 Forms of payment
Payment of the order will be:
- By credit card: the payment is made by secured bank server at the time of ordering. This means that none of your information transits via the site. Payment by credit card is therefore totally secure; personal information transmitted from the www.walrus-surfshop.fr site to the treatment center is subject to a protection and SSL encryption (Secure Socket Layers); your order will be registered and validated after acceptance of payment by the bank.
Payment by credit card cannot be cancelled. Therefore, payment of the order by the buyer shall be irrevocable, without prejudice to the buyer to exercise its right of withdrawal or cancellation after the order.
Article 5.2 Transfer of ownership
Transfer of ownership to the buyer only takes place at complete cashing of the product price by the seller. But starting from the reception of the order by the customer, the risks associated to the delivered goods are transferred to the buyer.
Article 5.3 Payment Default
The WALRUS SARL reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid wholly or partially a previous command, or has a litigious payment in process.
ARTICLE 6 – SHIPPING
WALRUS SARL is bound by contract with Colissimo. All packages are shipped via their services.
Shipping costs are calculated according to the destination, it is automatically added when validating your shopping cart, and included in the total price to pay for your order.
The product will be delivered to the address provided by the buyer in the order form.
All the announced delays for delivery are calculated in working days.
Seller agrees to complete the Order within thirty days from the day following the Order validation.
Exceeding the shipping delay may result in a cancellation of the order as long as the order is not shipped from ourshop. To do so, simply contact our Customer Service. In case you receive the package: refuse it and ask for a refund of your order from our Customer Service. As soon as we have confirmation that your package is returned, we will refund within 15 days.
The delays are average delays and correspond to the processing, preparation and shipping time. They run from the checkout.
At this time, you must add the shipping time of postal services.
The products always travel at the risks of buyer. In the event of delay, damage or lack of product, you should complain against the shipping company or to make the necessary reserves to allow such remedies.
If the product is delivered after cancellation of the order, reimbursement will take place, immediately upon receipt by the seller of the product in its original condition.
Return of the product and refund to the buyer will be held under the conditions provided below in section 7 "Cancellation - Withdrawal - Refund."
ARTICLE 7 – VOID - RETURN - REIMBURSEMENT
Article 7.1 Rights of return
Procedure and general conditions
In an objective of identification and thus optimizing the process of return, all products that need to be returned must be the object of a return request to our services, otherwise return shall be denied. The time allotted for you to contact our customer service depends on the reason for return. The request for return must be made to our customer service contactATwalrus-surfshop.fr A confirmation acknowledging receipt of this request will be sent back via e-mail.
Upon receipt of our agreement, you have 14 days to return the product. After this period, your return will be rejected.
We suggest you make the return by tracked Colissimo. Otherwise, if the package is sent by you, and gets lost on the way back to our services, we would not be able to complain against the postal services and urge them to locate it. Please note that all packages not shipped by us are not under our responsibility. Only the sender of the package can complain against the postal services.
To process your request, please remember to give your order number and your personal details.
Note: Upon receipt, our services will monitor the compliance of the product returned and the reason for return. If the product is not returned conform, it will be rejected by our services and returned at your expense. If your return is made under the wrong reason, your product may be refused and returned at your expense. The reason for return may be requalified. Therefore, you will be notified by e-mail and processing of your return will be based on the new reason.
Article 7.2 Right of Return for Withdrawal
Following receipt of the products, the buyer has a period of 14 days enabling him, without having to give any reasons, to return the delivered product.
If the buyer uses this withdrawal right within 14 days after receipt of the products, the seller agrees to refund the buyer without delay and no later than thirty days from the date on which this right has been exercised.
CAUTION: No withdrawal will be accepted if the returned product is unfit for its resale. Therefore:
The product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The product must be accompanied by all its accessories.
Otherwise, the product will be returned to you at your expense.
The return postage will be borne by the buyer.
To exercise this right, the buyer must first contact our customer service contactATwalrus-surfshop.fr A confirmation acknowledging receipt of this request will be sent back via e-mail.
Article 7.3 Returns for reference error
Terms of return
You have 15 days to notify us that the received product is not the ordered product: reference errors, size or color problems, features, entirely different product, defective product… so that our customer service assigns you an agreement number of return.
The product must be returned in good condition and in its original packaging, even if it was opened, with all its contents (accessories, cables, instructions).
To process your request correctly, please remember us your order number and your personal details.
Processing your return for reference errors.
After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks, and according to your wish, we will offer you to send back the original product or an interchangeable product with equivalent characteristics. If you chose to be refunded, the amount of the entire order (product (s) + shipping charges if your order is composed of only one product) will be credited to the debited account within 15 days after acceptance of your return. If you had chosen the payment by check, the refund will be made by check.
After having received and accepted your package upon presentation of proof of expenses incurred, our customer service will make the refund of the latter by sending a check or credit on your account.
Note: The amount of refund of this charge will be based on the general public rates in effect, provided by La Poste for Colissimo and UPS. The maximum amount of refund may not exceed 15 €.
The products & items from the "Soldes / Sale" Collection can't be exchanged or refunded.
ARTICLE 8 - GUARANTEE
Without prejudice to his withdraw right mentioned above, the buyer benefits the hidden defects guarantee on the product as specified in section 1641 of the Civil Code.
In addition, if the product received by the buyer is not in accordance with the designated product within its order, this product will be replaced or refunded, according to the wishes expressed by the buyer.
ARTICLE 9 - RESPONSIBILITY
The seller’s responsibility is limited to direct and predictable damages which may result from the use by the buyer of the site and the delivered products.
Responsibility of the seller shall not be involved if the non-fulfilment or bad fulfilment of its obligations is attributable to the buyer, or to an unforeseeable and irresistible act from any third party not linked to the supply of provision planed in terms of conditions, or an unpredictable, compelling and outside case of « Force Majeure ».
Seller shall not incur liability for damages resulting from a fault of the buyer in connection with the use of the products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All the published elements within the Site, such as sounds, images, photographs, videos, writing, animation, programming, graphic design, utilities, databases, software is protected by the clauses of the Intellectual Property Code and belong to the Seller.
The Buyer shall prohibit from infringing the intellectual property rights relating to these features, and in particular to reproduce, represent, modify, adapt, translate, to extract and / or reuse a qualitatively part or quantitatively substantial part, to the exclusion of necessary acts to their normal and true use.
ARTICLE 11 - PERSONAL DATA
The buyer is informed that during his navigation and in the context of the order, personal data about him are collected and processed by the seller.
This treatment is the subject to declaration at the Commission Nationale Informatique et Libertés pursuant to Act No. 78-17 of January 6th 1978.
The buyer is informed that his data:
-Are collected fairly and lawfully,
- Are collected for specified, explicit and legitimate purposes
- Will not be further processed in a incompatible way with those purposes
- Are appropriate, relevant and not excessive in relation to the purposes for which they are collected and their subsequent treatment
- Are accurate and complete
- Are preserved in a way permitting identification of concerned persons for a period that does not exceed the necessary time to the purpose for which they are collected and processed.
The seller is also obliged to take every precaution to safeguard the security of data, and in particular that they are distorted, damaged or that unauthorized parties have access to it.
These data are used for the treatment of the order as well as to improve and customize the services offered by the seller. They are not intended to be disclosed to third parties.
The buyer shall have the right to refuse that his personal data are subject to treatment, and that this data are used for prospecting purposes, including commercial purposes.
The buyer can question the seller in order to obtain confirmation that his personal data are or are not the subject of this treatment, information relating to treatment purposes, to the categories of personal data processed and to the receivers or categories of receivers to whom the data are disclosed, the communication of personal data regarding him as well as any available information as regards the origin of the latter.
The buyer may also require the seller to correct, complete, update, lock or delete personal data which would be inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure or Conservation is prohibited.
In order to exercise that right, buyer will send an email to the seller in its quality of responsible person for such issues, at the following address: contactATwalrus-surfshop.fr
ARTICLE 12 - CONVENTION ON EVIDENCE
It is expressly agreed that the parties can communicate with each other electronically for the needs of Terms and Conditions, with the proviso that technical security measures intended to ensure the confidentiality of data exchanged are put in place.
Both parties agree that the exchanged e-mails between them prove legitimately the terms of their exchanges and, when appropriate, of their commitments, particularly regarding the transmission and acceptance of orders.
ARTICLE 13 - PARTIAL INVALIDITY
If a part of the Terms and Conditions appeared to be illegal or invalid, such invalidity would not lead to the nullity of the other clauses of these Terms and Conditions, unless those clauses present are by nature non dissociable with the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW
The Terms of Conditions are ruled by the French law.
ARTICLE 15 - ASSIGNATION OF JURISDICTION
The parties agree that in case of a dispute that may arise concerning the implementation or interpretation of the terms of conditions, they should try to find a compromise.
In case of failure of this attempt of amicable resolution of the dispute, the latter shall be referred to the jurisdiction court.
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