General Terms and Conditions of Sale
Welcome to www.bythewave.surf, a website selling technological products and accessories for sliding sports made in France online.
We invite you to read carefully these general conditions of use and the general conditions of sale. The use of the services on our site, as well as any order, implies prior, full and complete acceptance of these general terms and conditions of sale and our personal data protection policy, of which you acknowledge having read.
ARTICLE 1: SCOPE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general conditions apply to all orders placed on the www.bythewave.surf. website.
www.bythewave.surf reserves the right to adapt or modify these general terms and conditions of sale at any time.
In the event of a change, the general terms and conditions of sale in force on the day the order is placed will be applied to each order.
ARTICLE 2: AVAILABILITY OF PRODUCTS
Our offers and products are valid within the limits of available stocks.
Upon receipt of your order, we check the availability of the product(s) ordered. In the event of unavailability, we undertake within 30 days from the validation of the order either to deliver the ordered product to you, or to offer you a similar product at a similar price, or to refund it to you by cheque or in the form of a credit note.
The date of validation of the order corresponds to:
The acceptance of your order by our website after validation of your payment by online transfer, or bank check.
In the event of a stock shortage on one of the products in your order, we can ship the rest of your order with your agreement.
The availability date is displayed on the product sheet on the site.
The pre-order gives you the possibility to buy and therefore to book your product in advance. You are sure to have it available as soon as it is available on the site.
Warning: At any time, the manufacturer may change the availability date at any time. Please note that all products ordered with your pre-ordered item will also be delivered on this date, unless you advise otherwise.
ARTICLE 3: ELECTRONIC VALIDATION OF ORDERS
Any order placed on www.bythewave.surf involves 4 steps:
Adding items to your shopping cart
Enter your billing and delivery details
Summary and final validation of your order
Validation by the site of your payment selected in your basket
All orders will be considered valid when these 4 steps have been properly completed.
ARTICLE 4: THE PRICE
Prices are expressed in Euros including all taxes and excluding transport costs. The user will have to pay these transport costs, unless he benefits from a special offer exempting him from them.
www.bythewave.surf reserves the right to modify its prices at any time, but undertakes to apply the prices in force which will have been indicated to you at the time of your order, subject to availability on that date.
ARTICLE 5: PAYMENT TERMS AND SECURITY
As stated in Article 4, payment is made in Euros.
Methods of payment: The payment is made:
By bank transfer: Your order is then booked for 5 working days. After this period, without receipt of your transfer, it will be cancelled. The order will only be processed upon receipt of your transfer and after validation.
By bank cheque (made payable to BYTHEWAVE TECHNOLOGIES only for holders of a bank account domiciled in France). Your order is then booked for 5 days. Beyond this time, without receipt it will be cancelled. The order will only be processed upon receipt of your check and after validation.
Retention of title clause:
The products remain the property of BYTHEWAVE TECHNOLOGIES until BYTHEWAVE TECHNOLOGIES has received the order in full. However, from the time of delivery, the risks of the goods delivered are transferred to the customer.
Default of payment:
www.bythewave.surf reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
ARTICLE 6: TERMS AND CONDITIONS OF DELIVERY
General information :
The products purchased on the www.bythewave.surf website are available in the following countries: Metropolitan France, Corsica, Monaco, Switzerland, Spain, Portugal, Germany, Austria, Belgium, Great Britain, Denmark, Finland, Sweden, Norway, Greece, Luxembourg, Netherlands, Czech Republic.
For parcel tracking reasons, it is impossible for us to deliver orders to the bases or other premises of the Armies, Hospitals and Holiday Centres.
The products are delivered to the delivery address you have indicated to us during the ordering process. We advise you to systematically check the goods at the time of delivery.
Delivery can vary from 2 to 5 working days for Metropolitan France, Corsica and Monaco, subject to product availability (in accordance with Article 2). Public holidays do not count as working days.
Delivery can vary from 3 to 15 working days for foreign countries, subject to stock availability (in accordance with Article 2). Delivery abroad may involve additional shipping costs depending on the destination.
This is an average time depending on the destination, shipping method and availability of the item.
We accept no liability for delays due to strikes, natural disasters, etc.
Shipping costs :
The shipping costs will be automatically calculated in the shopping cart before the summary stage of final validation of your order.
Delivery method :
The ordered product is delivered by an independent carrier, or by the postal circuit, depending on the nature of the ordered product and at the exclusive initiative of www.bythewave.surf, to the address indicated on the order form.
From parcel to delivery:
You must check the conformity of the delivered goods at the time of delivery and before signing the carrier’s delivery note. You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damaged product, repackaged cardboard by the carrier, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
You must also report any discrepancies by registered mail and confirm your reservations to the carrier no later than three working days after receipt of the item(s) and send a copy of this letter to the following address:
619 BIS Avenue des Artisans
ARTICLE 7: RESPONSIBILITIES
Law n°2004/575 of 21 June 2004 (extract)
“The trader shall be automatically liable to the consumer for the proper performance of the obligations resulting from the distance contract, whether those obligations are to be performed by the trader who concluded that contract or by other service providers, without prejudice to his right of recourse against them.
However, he may waive all or part of his liability by proving that the non-performance or improper performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure”.
In the event of non-delivery of an order or part of an order, you have one year (from the date of placing the order) to notify us. Beyond this period we do not accept any claims.
ARTICLE 8: RIGHT OF WITHDRAWAL
In accordance with Article L. 121-16 et seq. of the Consumer Code, the consumer has a period of 7 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, except for the return shipping costs.
The product must be returned in good condition, with all its accessories, and not used.
As far as possible; they must be returned to us in their original packaging and must not have been opened.
ARTICLE 9: RIGHT OF RETURN, EXCHANGE, CREDIT NOTE
You have a period of 7 days from the receipt of your package to return it to us at your own expense (in part or in whole) in accordance with Article 8.
In the case of an exchange of an item, we reserve the right to ask you to contribute to the shipping costs for the new shipment.
After this 7-day period, we reserve the right to take back one or more items on a commercial basis at a price identical to or lower than the initial purchase price.
This takeover will be in the form of a commercial credit note. The latter will be limited in time (4 months unless otherwise indicated on the credit note) and can under no circumstances be refunded.
ARTICLE 10: PROVISION OF THE “INFORMATIQUE ET LIBERTÉS” LAW
At any time you have the right to access, modify, rectify and delete data concerning you (Art. 34 of the “Loi Informatique et Libertés” of 6 January 1978).
BYTHEWAVE does not disclose your contact information to any third party.
ARTICLE 11: COMPANY DETAILS
619 BIS Avenue des Artisans
For any information concerning the conditions of sale: firstname.lastname@example.org