Terms of sale
This website is operated by Hawaiisurf. Throughout the site, we use the terms " we ", " our " and " us " to refer to Hawaiisurf. This website, including all the information, tools, and services it provides access to, is offered by Hawaiisurf to you, the user, provided that you accept all the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from our company, you are participating in our " Service " and agree to be bound by the following terms and conditions (" General Conditions ", " Terms of Use "), including the terms, conditions, and policies mentioned herein and/or accessible via hyperlink. These Terms of Use apply to all users of the Site, including, but not limited to, individuals who are visitors, suppliers, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each of the new tools or features added to this store is also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use by posting the updates and/or modifications on our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access the website or use it after the publication of the modifications, you accept them.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 – ONLINE STORE TERMS OF USE
By accepting these Terms of Use, you represent that you are of legal age in your region, province, or state, and you have given us your consent to allow any minor under your care to use this site.
You must not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for your credit card information) may be transferred unencrypted and that this includes (a) transmissions over various networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or affect these Terms in any way.
SECTION 3 – ACCURACY, COMPLETENESS, AND CURRENTNESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general information purposes only and should not be considered or used as the sole basis for making decisions without consulting more important, accurate, complete, or current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information it contains, whatever it may be. You acknowledge that it is your responsibility to monitor the changes made to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or terminate the Service (or any part of it) at any time without notice.
We will not be liable to you or any third party for any price change, or for any modification, suspension, or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available only online through the website. These products or services may have limited quantities and their return or exchange may be strictly subject to our Return Policy.
We have tried to display as accurately as possible the colors and images of the products featured in the store. However, we cannot guarantee that the color display on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product descriptions and pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information, or other materials that you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or on the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that we believe appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide you access to these tools “ as is ” and “ subject to availability ”, without any warranty, representation, or condition of any kind and without any approval. We cannot be held responsible for anything that may result from or be related to your use of third-party optional tools.
Any use by you of the optional tools provided through the site is entirely at your discretion and at your own risk. Furthermore, it is your responsibility to inquire about the conditions under which these tools are provided by the relevant third-party provider(s) and to accept those conditions.
It may also be that in the future, we will offer new services and/or new features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products, and services accessible through our Service may include items from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or other content, products, or services from third-party sources.
We are not responsible for any injuries or damages related to the purchase or use of goods, services, resources, content, or any other transactions related to these third-party websites. Please read carefully the policies and practices of these third parties and make sure you understand them before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, " comments "), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media all comments you provide to us. We are not and shall not be obligated (1) to maintain the confidentiality of the comments ; (2) to compensate anyone for any comment provided ; or (3) to respond to comments.
7. We may, but are not obligated to, remove content and Accounts containing content that we deem, in our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of a party or these Terms of Use.
You agree that your comments must not infringe on the rights of third parties, including copyright, trademarks, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments must not contain any illegal, defamatory, or obscene elements, nor any computer virus or other malicious software that could affect the operation of the Service or any related website in any way. You may not use a false email address, impersonate someone you are not, or attempt to mislead us or third parties regarding the origin of the comments. You are fully responsible for all comments you make as well as their accuracy. We disclaim any responsibility for comments posted by you or a third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping fees, delivery times, and product availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obligated to update, modify, or clarify the information provided in the Service or on any related website, including but not limited to pricing information, unless required by law. No specific date of update or refresh applied to the Service or any related website can be set to indicate that all information provided in the Service or on any related website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content :
(a) for illegal purposes ; (b) to encourage third parties to engage in illegal acts or participate in them ; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law ; (d) to infringe or violate our intellectual property rights or those of third parties ; (e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability ; (f) to submit false or misleading information ;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet ; (h) to collect or track the personal information of others ; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web ; (j) for obscene or immoral purposes ; or (k) to disrupt or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or declare in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated otherwise by us) provided " as is " and " as available " for your use, and without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
Hawaiisurf, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to, loss of profits, revenues, savings, or data, replacement costs, or any similar damages, whether based in contract, tort (even in the case of negligence), strict liability, or otherwise, arising from your use of the Service or any service or product utilizing it, or any other claim related in any way to your use of the Service or any product, including but not limited to, errors or omissions in any content, or any losses or damages arising from the use of the Service or any content (or product) published, transmitted, or made available through the Service, even if you have been advised of the possibility of such damages.
Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hawaiisurf and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney's fees, made by any third party due to or arising out of your violation of these Terms of Use or the documents referenced herein, or your violation of any laws or rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is found to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable provision shall be deemed to be severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement, for all purposes.
These Terms of Use will remain in effect unless and until they are terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, at our sole discretion, that you are not complying with or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will remain responsible for all amounts due up to the termination date (inclusive), as a result of which we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use or any other policy or operational rule that we publish on this site or that relates to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They replace all prior and current agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).
Any ambiguity regarding the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Use, along with any separate agreement under which we provide you with the Services, are governed by and interpreted in accordance with the laws of 8 place emlinger, le forum, bayonne, 64100, France.
ARTICLE 19 – CONTACT DETAILS
Questions regarding the Terms of Use should be sent to contact@hawaiisurf.com.
ARTICLE 20 - PAYMENT
Payment in installments with Alma
Payment in installments/delayed payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
- P3X: Only purchases between 90 € and 2 500 € are eligible for payment with Alma.
- P4X: Only purchases between 150 € and 2 500 € are eligible for payment with Alma.
Fees
By paying in installments with Alma, the Customer does not incur any fees.
Alma is a payment management service and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Termination
Any termination of the GTC binding the Seller and the customer leads to the termination of the GCU between Alma and the customer.
ARTICLE 21 – PROBLEMS OR DAMAGES noted AT THE TIME OF DELIVERY or after delivery.
Upon receipt of your order, it is imperative to check the condition of the box and your product in the presence of the delivery person. This is essential if you want to maintain recourse in case of damage noted during delivery.
The mention 'subject to unpacking' is worthless. This mention, too often indicated on delivery notes, will not give you access to any recourse, neither against the supplier nor against the carrier. Indeed, if the recipient later finds damages or missing items, this mention alone will not be sufficient to demonstrate that they already existed at the time of delivery.
If any anomalies are found on the product or packaging, the reservations must be clearly and precisely noted on the document that the carrier asks you to sign at the time of delivery.
It will not be possible to have recourse in the event that you do not strictly follow this procedure.
ARTICLE 22– MODIFICATIONS TO THE TERMS OF USE
You can view the most recent version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting the updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access our website and the Service or to use them after the publication of changes to these Terms of Use, you accept them.