GTC

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GENERAL TERMS AND SALES CONDITIONS (GTC)

Please read these terms and conditions carefully. By law, the use of the services of our website www.hawaiisurf.com/en as well as any purchase in the form of an order with shipment, pick-up of merchandise or purchase in our physical shop implies the prior, full and complete acceptance of these terms and conditions of sale of which you acknowledge having read them.

The present GTC will be executed and interpreted in accordance with French law.

ARTICLE 1 : Scopte of application and modification of the general terms and conditions of sale.

- These terms and conditions apply to all orders placed on the www.hawaiisurf.com/en website as well as to all purchases made in our physical shop.
- Hawaiisurf reserves the right to adapt or modify these terms and conditions at any time.
- In the event of a change to these terms and conditions, the new terms and conditions will be effective on the date the order is placed on the website or the purchase is made in the shop.

ARTICLE 2 : Product availabilty.

- Our product offers are valid while stocks last.
- All products visible on the website (except web exclusivity) are considered as being in stock in our warehouses and not in the shop in Paris, we reserve the right to cancel an order if the product ordered has a defect during the preparation of the order, if this product was the last one in stock we propose in agreement with the customer the substitution by an equivalent product or the cancellation and refund of the order.

ARTICLE 3 : Withdrawal periods & Product returns.

In accordance with Article L.2014-344 of the Consumer Code, the consumer has a period of fourteen (14) days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of return costs.

- The consumer may waive this period if he is unable to travel and/or simultaneously needs to call upon a service that is immediately necessary for his living conditions.
- In this case, he would continue to exercise his right of withdrawal without having to justify his reasons or pay any penalties.
- The period referred to in the previous paragraph shall run from the date of receipt for goods or acceptance of the offer for services.
- Where the information provided for in Article L. 2014-344 has not been provided, the period for exercising the right of withdrawal shall be extended to three months. - However, when this information is provided within three months of receipt of the goods or acceptance of the offer, the 14-day period referred to in the first paragraph shall begin.
- If the 14-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
- The product must be returned in new condition, with all accessories (e.g. instructions, assembly tools, guarantees, etc.), in its original packaging. The original packaging must not be used as packaging for your return package (e.g. shoe box).
- The right of return cannot be exercised for items that can be copied (DVDs, videos, etc.) unless they are returned to us on time and in their original packaging. (You can find the return form directly on this page)

- For internet purchases, Hawaiisurf offers you a 30 day period from the reception of the package
- When it is a purchase made in shop, these conditions above are not applicable, they are at the goodwill of the merchant, we offer you however the possibility of exchanging your product in shop or to be credited with a credit valid 6 months from the return of the product in shop.
- Sales are neither taken back nor exchanged on purchases in shop, they do however give you the right to a period of retraction on an internet purchase (with a period of 30 days from the receipt of your products).

- Return address for internet orders.
- This may result in a credit note for exchange or refund*.
- You can make your return via the service of your choice at the address mentioned on your invoice.

HAWAIISURF
SERVICE RETOUR - EXPEDITION
8 PLACE ANDRE EMLINGER
64100 BAYONNE
FRANCE

Return Procedure :

- You will be responsible for the return shipping costs in the case of a retraction.
- Hawaiisurf will pay the return shipping costs for a product that does not conform to the order (non-conforming = product received that is not the right one, order preparation error...).
- This right of return will only be accepted for complete products in their original condition (product packaging, accessories, instructions, labels...) with a copy of your invoice. Products returned damaged, used, defective packaging will not be returned or exchanged. - The original packaging must not be used for your return package (e.g. for shoe boxes).
- Customised packs, product assemblies, requiring drilling, screwing or unpacking of the product, such as ski assemblies, rollerblade assemblies, skateboard assemblies will not be accepted for return or exchange.
- No returns against refunds will be accepted.
- In the case of an exchange: we invite you to place a new order directly on the site and send us back the original article so that we can proceed to a refund. We can also issue a credit note to speed up the exchange process.

ATTENTION : When requesting a return, we reserve the right to refuse the return in certain cases which are :

- The product has been used or worn or has a defect not visible at the time of purchase
- The label and brand information are missing
- The product's storage box (packaging) has been damaged or thrown away

The return must be made in a timely manner, with the product carefully put back in its original packaging, all in a box at your expense when it is not an error on the part of hawaiisurf

In the event that we have made an error in the shipment of your merchandise (size not conforming to your order, colour not conforming to your order...), please enclose an invoice for shipping costs (not to exceed 10 euros) with the return form in your package, so that we can reimburse you.

Withdrawal form.

Please complete and return the form below only if you wish to withdraw from the contract.

To the attention of : HAWAII SURF / 8 PLACE ANDRE EMLINGER, 64100 BAYONNE / FRANCE

I/We (x) hereby notify you of my/our (x) withdrawal from the contract for the sale of the following goods (x)/provision of services (x):

Product ordered: ........................................................................

Ordered on (x) / received on (x): ........................................................................

Name of consumer(s): ........................................................................

Address of consumer(s) :

........................................................................

Signature of the consumer(s) (only if this form is notified on paper):

Date: ........................................................................

(x) Delete the unnecessary mention.

ARTICLE 4 : Price and Products

- All prices are expressed in euros including all taxes and are therefore subject to the French VAT rate of 20%.
- The user will have to pay for these transport costs, unless he/she benefits from a special offer exempting him/her from them.
- Hawaiisurf reserves the right to modify its prices at any time, particularly in the event of an increase in charges and our break-even point, or an increase in the rate of VAT, but undertakes to apply the current prices indicated at the time of your order, subject to availability on that date.
- In case of computer anomaly, error or abnormally low price, Hawaiisurf reserves the right to cancel the order in question (In France, the law protects the merchant against an abnormally low price and below a single break-even point of the purchase price of the product, the "dumping" is not practicable outside of the sales periods)

ARTICLE 5 : Promotional operations and benefit codes

- Our promotional codes are valid for a limited period of time (from 00:01 on the launch day to 23:59 on the last day). After this period, the discount will be lost. These advantage codes, which give rise to a discount, are only valid on full-price products, unless otherwise stated.
- These promotional codes must be used in a single order, and cannot be exchanged for their monetary value or refunded in part or in full.
- To benefit from your promotional code, please enter it in the field provided on the shopping cart pag

ARTICLE 6 : Payment methods & security

Payment methods :

You can make the payment :

By credit card :

- No banking information concerning you is transmitted via the HawaiiSurf website. The payment by credit card is perfectly secure; your order will be registered and validated as soon as the payment is accepted by our banking service.

By Paypal :

- You must have a paypal account to be able to pay by this method of payment: www.paypal.fr (note that you can attach your credit cards to Paypal and use it as payment).

By Alma 3x 4x :

Pay your order in 3 or 4 times by credit card from €90 to €2500 with Alma

Securing :

- Your credit card details are encrypted using SSL 128 (Secure Socket Layer) and are never transmitted in clear text over the network. Payment is made directly to the bank. HawaiiSurf does not have access to this information and does not store it on its servers.
- This is why you are asked to provide this information for each new transaction on our site.

Retention of title clause :

- The products remain the property of HawaiiSurf until full payment of the order. However, from the moment of delivery, the risks of the delivered goods are transferred to the customer.

Non-payment :

- HawaiiSurf reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

Anti-fraud control :

- HawaiiSurf, in conjunction with HiPay, monitors all orders that have been validated on its site. These checks are designed to protect HawaiiSurf from fraudulent practices.
- As part of these procedures, we may ask you to provide all the necessary documents to release your order, such as proof of address and proof of debit in your name.
- These requests are made by e-mail.

ARTICLE 7 : Terms of delivery of a parcel

Delivery time :

- Hawaiisurf may be exempt from liability by proving that the non-performance or poor performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable act of a third party contact.
- The delivery can vary from 24H to 72H working days for Metropolitan France at the departure of the parcel and, Corsica & Monaco subject to availability of products (see article 2). Public holidays do not count as working days.
- Delivery may vary from 72H to more working days for foreign countries from the departure of the parcel, subject to availability of stocks (see article 2)
- This is an average estimated time by our partner carriers, depending on the destination and unforeseen events, it may vary.
- The product(s) on order are delivered by a specialised carrier, according to the nature of the product ordered and to the address shown on the order form.
- All orders placed during working days (Monday to Friday) before 12:00 noon are shipped the same day (except for Roller, Skate and Ski Pack products which require assembly).
- The delivery time announced is based on the date of dispatch of the orders. Saturdays, Sundays and public holidays are to be added to the initial delivery time.

Parcel to delivery :

- You must check the conformity of the goods delivered at the time of delivery and before signing the delivery note (CARRIER)
- You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature any anomaly concerning the delivery (damaged product...). This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
- You must also confirm these reservations to the carrier by registered mail at the latest within three working days following the reception of the article(s) and send a copy of this letter by e-mail to HawaiiSurf, at the following e-mail address: [email protected]
- If the products need to be returned to us, they must be returned within thirty working days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
- If at the time of delivery, the original packaging is damaged, torn or open, you must check the condition of the items. If they have been damaged, you must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
- We remind you that if you refuse the package it will be returned directly to us without any transport costs at your charge.

ARTICLE 8 : Responsibilities

- HawaiiSurf cannot be held responsible for the non-execution of the contract due to a case of force majeure, an act of God, a disturbance or a total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire.
- The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility to use the products, notably due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of HawaiiSurf.
- In case of non-delivery of an order or part of an order, you have a maximum of one year (from the date of placing the order) in which to manifest yourself. After this period we will not accept any claims.

Consumer Mediator.

Hawaii Surf is under contract with the company "European mediators".

http://www.mediateurseuropeens.org

Association of European Mediators
11 place Dauphine
75001 PARIS

09 53 01 02 69

Any total or partial reproduction of the contents of www.hawaiisurf.com/en as well as the use of our photos without prior permission may result in legal proceedings.