Product Overview

These Terms and Conditions of Sale apply to the purchase in Europe of Dakine branded products on the European website www.eu.dakine.com

 

SurfStitch Europe Pty Ltd (referred to hereinafter as “the Seller”) is an Australian company with a share  capital of 1000 AUD, whose French branch is based in Soorts Hossegor (40150), 3 Lotissement Le Cheu, rue de Pascouoau, registered on the Registry of Trade and Companies of Dax under number 535 035 547, whose intra-community VAT number is FR 26 535 035 547 and the Siret number is 535 035 547 00020, represented by Mr Franco Fogliato.

 

 

Article 1 – Object

 

The object of this agreement is to define the terms of sale of products sold on the website www.eu.dakine.com (referred to hereinafter as “the Website”) between SurfStitch Europe Pty Ltd, the Seller, and any person aged over 18 and/or having the capacity to enter into a contract (referred to hereafter as “the Customer”) and wishing to make a purchase for his/her strictly personal reasons, excluding any professional or commercial purpose (referred to hereinafter as “the Parties”).

 

It is expressly agreed between the Parties that the Terms and Conditions of Sale in effect on the date of purchase and accepted by the Customer govern their dealings exclusively.

 

If a particular matter is not provided for in these Terms and Conditions of Sale, current practices in the sector of distance selling involving companies with their head office in France will be applied.

 

This agreement is available in French, English, German, Spanish and Italian. The Parties agree that in the event of contradiction between the different language versions, the French version will prevail.

 

 

Article 2 – Details of products

 

2.1. Description of products

Products available for sale on the Website are represented by high quality photographs and accompanied with a description of their key features.

 

Products are described and presented as accurately as possible.

 

However, given the computer technology used, products delivered may sometimes have minimal differences compared to the photographs on the Website, particularly differences in colour.

 

2.2. Prices

 

Prices

 

Prices are indicated in Euros (€) or in Pounds sterling (£) including taxes.
Prices include Value Added Tax (VAT) applicable as of the date of the order in the country where the Customer is based and where the order is delivered.

 

The Seller is free to change the sale price of its products at any time.

However, the prices indicated at the time of purchase are the prices applicable to this purchase and cannot be modified once the Customer’s order has been confirmed.

 

The price of products does not include delivery costs of the order which remain payable by the Customer, the amount of which will be indicated when checking the ‘basket’ as well as on the order before it is confirmed.

 

By confirming an order, the Customer agrees to pay the full price previously indicated.

 

In the case of an obvious error in the price of a product, the Seller reserves the right to cancel the purchase of this product, at no charge for the Customer.

 

Shipping costs

 

The exact amount of shipping costs depends on the country to which the order is shipped.

 

For more details on the shipping costs per country, the Customer is asked to refer to the “Shipping  Info” section of the Website.

 

The total price indicated on the final screen of the payment process and in the confirmation of receipt of the order includes taxes and shipping costs.

 

 

Article 3 - Order

 

3.1 – Placing orders

 

The Customer has to complete different stages to place an order on the Website:

1. Select products

2. Add products to basket

3. Check/Change order

4. Select delivery and billing options

5. Read and accept the Terms and Conditions

6. Pay

7. Confirm order

8. Receive an order confirmation.

 

The Customer can make changes to his/her basket prior to final confirmation.

 

The Customer is bound by the order once he/her clicks on “Confirm Purchase” at the end of the ordering process.

 

Once the order is recorded, a confirmation message will be automatically displayed on the Website, indicating the order number and details of the products purchased.

 

After receiving the order, the Seller will e-mail the Customer a detailed acknowledgement of receipt for his/her order indicating the products ordered and the amount billed (including taxes and shipping costs).

By issuing this receipt, the Seller accepts the order placed by the Customer.

 

By placing an order, the Customer accepts the prices and descriptions of products purchased as well as the Terms and Conditions of Sale in effect on the date of the order.

For any exceptional orders (due to quantities ordered or delivery address in particular), the Customer must contact the Customer Service.

 

3.2 – Prior acceptance of Terms and Conditions of Sale

 

Prior to ordering anything from the Website, the Customer is required to read and accept the Terms and Condition of Sale, indicating this by ticking a box on the acceptance window which appears during the order process prior to payment.

 

The Customer can save and print the Terms and Conditions of Sale in effect on the date of his/her order via the acceptance window or using the “Terms and Conditions” section of the Website.

 

These Terms and Conditions of Sale can be changed at any time.

However, the Terms and Conditions of Sale applicable to an order are those in effect on the date this order is placed.

 

3.3 – Refusal or freezing of order by Seller

 

In the case of a difficulty or dispute on a previous order, the Seller reserves the right to freeze the Customer’s order until the problem is resolved.

 

The Seller can also refuse or cancel an order in the following situations:

- the Customer’s bank details are unusable (incorrect or non-verifiable),

- the payment has been refused by the Customer’s bank or was not made in the set time,

- the delivery address provided by the Customer is incorrect or does not exist,

- the Customer is presumed not to have the capacity to contract or not to be ordering for his/her strictly person purposes,

- the price indicated was clearly incorrect,

- the order is identified by security systems as being unusual or fraudulent,

- the Customer has violated these Terms and Conditions of Sale,

- or for any other legitimate reason.

 

The Seller can then carry out some additional checks and ask the Customer for the documents or information required to fulfil the order.

 

The Seller cannot be held liable for any damages or costs incurred following this refusal or freezing of an order.

 

3.4 – Availability of products

 

Orders are only honoured if stock is available.

 

Products offered and prices are valid when they are visible on the Website at the time the Customer is placing an order, according to available stock.

 
If a product is not available after the Customer places an order, the Seller will inform the Customer by e-mail as soon as possible.

The amount of the order will be recalculated and the Customer will be reimbursed for the value of the products not available or the whole of the amount of the order if it is completely unavailable, at the latest within 14 days after the Customer has placed the order.

If the Seller cancels the order due to the unavailability of the products, the Customer is not entitled to any compensation.

 

However, if a product is unavailable, the Seller can supply a product of an equivalent quality and price if the Customer agrees. The return costs resulting from exercising the right of withdrawal related to the substituted product are, in this case, paid by the Seller.

 

 

Article 4 – Payment

 

4.1 - Currency

 

For the countries of the European Union to which the Seller agrees to deliver the products, orders are payable in Euros (€) or in Pounds sterling (£).

If the local currency of the Customer differs from the currency in which the prices appear on the Website, the Customer’s bank will apply the exchange rate in effect on the date of the order (unless a different rate is applied on a discretionary basis by the Customer’s bank).

 

Consequently, changing the country of delivery can change the price of the products given the change in currency.

 

4.2 – Terms of payment

The Customer can pay for his/her orders on the secure payment server by Visa card or Mastercard indicating his/her card number, expiry date and the last three figures on the back of the card.


The Customer’s account is debited when the products ordered leave the Seller’s warehouse.

 

4.3 – Protection of payments

 

The Seller has set up a process for the protection of transactions with a view to ensuring the security, integrity and confidentiality of payments made on its Website.

Credit card numbers are not stored in the Seller’s systems. When purchasing, the bank details and payment details of the Customer are encrypted using the SSL protocol (Secure Socket Layer) from when they are entered by the Customer until the end of the transaction.

 

None of the Customer’s bank information goes through the Website or is recorded on a public server or on the Seller’s servers.

The Customer’s bank details will therefore be requested again for each new order on the Website.

 

However, the Seller cannot be held liable for damages resulting from events outside its control related to the use of electronic means of communication (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and/or computer viruses).

 

4.4 – Reservation of title

 

The Seller reserves title to the products until it has received payment in full for the products.

 

4.5 - Promotional codes

 

With discount deals (promotional codes, discount vouchers, etc), the Customer is eligible for an exceptional discount on the purchase of a single product or on an order for several products during the period of validity.

 

These discount deals are only valid during the period of validity and are limited to the number of products and stocks available indicated on the deal concerned.

 

Discount deals are personal, not transferable to a third party in any way whatsoever and can only be used for on-line purchases on the Website.

 

Discount deals cannot be combined nor can they be combined with another special offer or promotion, unless stated otherwise in the deal.

 

Discounts cannot under any circumstance be exchanged for cash.
 
Discounts are deducted from the amount including tax of the product concerned or the order, excluding delivery costs which are paid by the Customer.

 

 

Article 5 - Delivery

 

5.1 – Delivery territory

 

Orders can be delivered in the countries listed in the “Shipping Info” section of the Website.

 

If the Customer requires delivery to a territory other than those listed, he/she can contact Customer Service.

However, the Seller can only meet this request if it is technically possible and the Customer agrees to bear all the resulting costs which will have been indicated by the Seller in advance.

 

 

5.2 – Delivery times

 

From Monday to Friday, orders confirmed before 12 a.m. (midday) CET and paid by card are handled during that day.

Orders confirmed after 12 a.m. (midday) CET are handled on the first working day after the date of the order.

 

Orders confirmed on Saturdays, Sundays or public holidays in France are handled on the Monday or first working day after.

 

Delivery times are expressed in working days and vary according to the destination (working days are days actually worked in the company, which excludes Saturdays, Sundays and public holidays).

 

Times generally indicated for the different modes of delivery are:
 
- for “Express” deliveries to France: 1 - 2 working days from dispatch

- for “Express” deliveries to other European countries: 1 - 2 working days from dispatch

- for “Standard” deliveries to France: 2 - 3 working days from dispatch

- for “Standard” deliveries to other European countries: 3- 5 working days from dispatch

 

If the delivery time indicated by the Seller when placing the order is not respected, the Customer can cancel his/her order.

When the order is cancelled, the Seller reimburses the Customer immediately and, in any case, no later than within 7 days after the termination of the contract, for any sums paid in accordance with the contract.

 

5.3 – Terms of delivery

 

The Seller has appointed different carriers to transport products ordered.

 

The Customer must sign the delivery note issued to him/her by the carrier on delivery.

 

If it is not possible to deliver the order to the Customer (Customer not in, address wrong or cannot be found, Customer has not provided necessary entry codes, inability to access delivery address, etc.) the carrier leaves to the Customer a note sating that he attempted to deliver the parcel and indicating the procedure to retrieve the parcel.

Moreoften, carriers attempt to deliver the parcel 2 or 3 more times at the delivery address and/or indicate the closest depot to the delivery address from which the parcel may be picked up.

If the delivery is still impossible, the parcel is returned to the Seller and kept by him for 30 calendar days at the Customer’s disposal.

 

Partial deliveries can be made if, for example (but not only in this case), certain products are unavailable.

In this case, the Seller will inform the Customer by e-mail to the address provided to it when ordering.

The Seller will propose a new delivery time for the products that are unavailable and the Customer will be free to accept this or not.

The Seller will bear the additional shipping costs which will not be billed to the Customer.

If the Customer refuses the new delivery date, the Seller will reimburse the Customer for the products not delivered at the latest within 7 days after receipt of the Customer’s written refusal.

 

5.4 – Inspection on delivery

 

On delivery, the Customer shall inspect the products and packaging to check whether the products are damaged or not.

 

If the products are damaged, the Customer shall refuse the delivery and the Seller will reimburse him/her for the full price of the damaged products as well as the delivery costs within 7 days after the Seller has received the damaged products and recorded their return.

 

5.5 – Transfer of risks

 

The risk of loss or damage of products ordered is transferred to the Customer when he/she, or a third party designated by him/her, takes physical possession of the products ordered.

 

However, the risks are transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party appointed by him/her, clearly does not take the reasonable measures necessary to take physical possession of the products ordered.

 

5.6 – Tracking of order

 

When ordering, the Customer is given an order tracking number.

With this number, the Customer can obtain information about the progress of the delivery of the order via the website of the carrier nominated by the Seller, in the section for tracking parcels.

 

The Customer is given the address of the carrier’s website in the order confirmation e-mail.

The Customer can also contact the Customer Service if he/she has any questions relating to the tracking of his/her order.

 

 

Article 6 – Right of withdrawal

 

The Customer has a period of 30 days from the date on which he/she takes physical possession of the products ordered to return the product(s) at his/her cost:

- 16 days to inform the Seller about his/her decision to return the product(s)

- + 14 days to send the product(s) back to the Seller.

 

The Customer can return products ordered with no reasons given, provided that the products are intact and complete, are not stained or dirty and have not been washed or worn, in the original undamaged packaging.

 

In the case of partial deliveries (several products ordered at the same time by the Customer and delivered separately), the withdrawal period starts from the delivery of the last product ordered.

When the product consists of batches or several items, the withdrawal period starts from the delivery of the last batch or last item.

 

The right of withdrawal is not applicable to sensitive products from a hygiene point of view, such as underwear, swimsuits, earrings, piercing, etc. when the Customer has removed the protection or opened the packaging.

 

The Customer informs the Seller of his/her decision to return the products before the end of the withdrawal period by sending the products back to the Seller along with the withdrawal form attached to the delivery note.

 

The sending of either the withdrawal form or the products before the expiry of the withdrawal period must be provable (for example in the form of a postal receipt).

 

The Customer has a period of 14 days after informing the Seller he/she has exercised his/her right of withdrawal to return the products to the Seller or to a person authorised by the latter to receive them.

 

Concerning items on sale or on free promotion, the Customer has a period of 7 days to return the products after the day on which he informed the Seller.

 

The Customer only bears the direct costs generated by the return of the products.

 

The period begins when the Seller receives the notice of withdrawal or the products.

 

In general, for the computation of time, the day of receipt of the notice of withdrawal or the products shall not be counted as part of the period. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.


However, reimbursement will only be made when the products returned have been received by the Seller.

 

The Customer is responsible for the return of the products until they are received by the Seller.

Therefore, the Customer is strongly advised to return the products by a means allowing him/her to track his/her parcel.

 

Returns Process

 

After receiving the products, if the Customer would like to withdraw the contract, he/she can follow the simple steps below:

1 - Complete the Exchanges and Returns form for change of mind/right of withdrawal on the lower part of the invoice and enclose with the returned products. To ensure prompt turnaround, all fields have to be completed.

2 - Pack all returned products with the invoice in a secure carton or reuse the original packaging. All returned products have to be securely enclosed in a package as the Seller is not able to accept the products if damaged. For wetsuits, the Customer must fold the wetsuit according to the instructions provided directly with the wetsuit.

3 - Affix the pre-addressed label to the package (the original shipping label has to be covered or removed) and send to:

Surfstitch, CS 20006, 40150 Soorts-Hossegor Cedex, France

For security and peace of mind, the Seller strongly suggest sending insured registered post as he is not liable for lost of returned parcels.

4- Once received in the Seller’s warehouse, the Seller will inspect and process the products within 1 working day. The Customer is kept informed, the Seller will send him an email confirming the refund, and how it is being processed to his original form of payment.

 

No returns can be made in person. The Customer must contact the Customer Service for special requirements regarding this.

 

For territories having different public policy provisions, the Customer must contact the Customer Service.

 

 

Article 7 – Conformity guarantee and guarantee for hidden defects

 

The products are covered by a conformity guarantee and a guarantee for hidden defects, enabling the Customer to return defective products or products that are not as ordered.

The Customer has a period of 2 years from the effective delivery of the product to make a claim under the conformity guarantee.

To this end, the Customer informs the Seller that the product is not as ordered within a period of 2 months from the date this is noted.

Unless proved otherwise, any problem that appears within 6 months after delivery to the Customer is presumed to exist at the time of delivery; after this time, the Customer must provide proof that the problem existed on the date of delivery of the product concerned.

In such circumstances, the Customer can claim the repair or replacement of the product, or, if this proves impossible or disproportionate for the Seller (for example, if the costs are excessive compared to a reduction of price or cancellation of the contract), the Customer can obtain an appropriate reduction of the price and keep the product concerned, or get a full refund with the return of the product concerned to the Seller (cancelling the order is not possible in the case of a minor problem).

The Customer also has a means of redress for hidden defects  (articles 1641 to 1649 of the French civil code) allowing him/her to either return the defective product and get a refund, or keep it and be reimbursed for part of the price.

This action must be brought by the Customer within a period of 2 years from the discovery of the defect.

The Customer can make claims by contacting the Customer Service and/or by sending the products back to the Seller along with the form attached to the delivery note.

 

In all cases, if the Customer’s claim is justified and achievable, the Seller will, if applicable, repair or replace the product concerned for free, offer an appropriate reduction of the price or reimburse the Customer for the full purchase price of the product concerned as well as the delivery and return costs.

 

Reimbursements are paid using the payment method utilised to place the order as soon as possible and no later than within 14 days after the date on which the seller received the claim from the Customer and the product.

 

However, reimbursement will only be made when the product returned has been received by the Seller.

 

If the Customer’s claim is not justified, the Seller will inform the Customer of the reasons for its refusal and, as chosen by the Customer, the product will be made available in the Seller’s warehouse or shipped to the address indicated by the Customer, at the Customer’s cost, within 30 calendar days after receipt by the Seller of the product returned by the Customer.

 

Returns Process

 

After receiving the products, if the Customer would like to return them, he/she can follow the simple steps below:

1 - Complete the Exchanges and Returns form for lack of conformity or hidden defects on the lower part of the invoice and enclose with the returned products. To ensure prompt turnaround, all fields have to be completed.

2 - Pack all returned products with the invoice in a secure carton or reuse the original packaging. All returned products have to be securely enclosed in a package as the Seller is not able to accept the products if damaged. For wetsuits, the Customer must fold the wetsuit according to the instructions provided directly with the wetsuit.

3 - Affix the pre-addressed label to the package (the original shipping label has to be covered or removed) and send to:

Surfstitch, CS 20006, 40150 Soorts-Hossegor Cedex, France

For security and peace of mind, the Seller strongly suggest sending insured registered post as he is not liable for lost of returned parcels.

4- Once received in the Seller’s warehouse, the Seller will inspect and process the products within 1 working day. The Customer is kept informed, the Seller will send him an email confirming the repair (and estimated repair time), replacement, or refund (full or partial), and how it is being processed.

 

No returns can be made in person. The Customer must contact the Customer Service for special requirements regarding this.

 

For territories having different public policy provisions, the Customer must contact the Customer Service.

 

 

Article 8 – Commercial guarantees

When a product is covered by a commercial guarantee, terms of this special guarantee are set out directly in the description of the product concerned.

Commercial guarantees do not deprive the Customer from his/her rights resulting from the conformity and hidden defects guarantees mentioned above or any other action of a contractual or extra-contractual nature which he/she is recognised to have by law.

Article L 211-4 of the French consumer code 

       The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
       He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

 

Article L 211-5 of the French consumer code 

       To conform to the contract, the product must:
       1. Be suitable for the purpose usually associated with such a product and, if applicable:
       - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
       - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
       2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

Article L 211-12 of the French consumer code 

       Action resulting from lack of conformity lapses two years after delivery of the product.

 

Article 1641 of the French civil code
       A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

 

Article 1648 al 1 of the French civil code
       The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.

 

 

 

Article 9 – Customer Service

 

For any question related to orders made on the Website, the Customer can contact the Customer Service team

 

- by email at customerservice@dakine-eur.com   - response in 1 working day –

 

- by post - response in 4 working days (+ delivery time by Post) – at

Surfstitch, CS 20006, 40150 Soorts-Hossegor Cedex, France

 

 

Article 10 – Personal data

 

Customers’ data are collected and processed by SurfStitch via its server in France.

 

The Customer can refer to the Privacy Policy section of the Website to have details about the Privacy Policy and to be informed of the use of his/her data and the way they are collected and secured.

 

Customers’ data are communicated to the Seller only to process their orders in Europe.

These data are strictly confidential and intended for the Seller only and companies nominated by it to perform the contract of sale.

 

It is handled strictly in accordance with the provisions of the data protection act in France (law n°78-17 of January 6th 1978 modified).

In accordance with this act, the Customer has a right to access, correct, amend and remove information held about him/her.

The Customer can exercise his/her right at any time by contacting the Customer Service indicating his/her name, address and e-mail address or by writing directly at :

 

Attention Service Clients

SurfStitch

3 Lotissement Le Cheu, rue de Pascouaou

ZA de Pedebert

40150 Soorts Hossegor

France

 

The Customer is informed that this automated processing of information had been declared to the CNIL [French data protection authority] under the number 1539892 v 0 dated 2011.10.19.

 

The Seller reserves the right to contact the Customers to confirm their personal data.

However, to preserve the confidentiality and security of Customers’ personal data, the Seller does not directly solicit the confirmation of the complete bank details.

 

The Seller may, in cases of suspected fraud to the credit card, ask the Customer a colour photocopy or a scan of his/her passport or identity card and a colour photocopy of the front of his/her card banking by masking the first 12 digits of card number.

If the Customer does not wish to disclose these documents, he/she may cancel his/her order without charge.

 

 

Article 11 – Intellectual Property

 

All the elements of the Website, sound and visual, are protected by copyright and trademark or patent rights.

 

None of the elements from the Website can be reproduced or transmitted in any way whatsoever, except for the purposes of the order or for personal and non-commercial use by the Customer and provided that the information is not modified.

 

All brand names, logos, product names, designs and models shown on the Website are registered marks or trademarks belonging to the Seller or third parties and cannot therefore used without violating the rights of the holders or infringement.

 

Any hypertext link referring to the Website must have obtained the prior written authorisation of the Seller.

 

 

Article 12 – Proof and archiving of transactions

The Customer and the Seller agree that any digital element exchanged between them (data, information, files, dates and times of logging onto website, etc) constitute admissible, valid, useable and probative proof.

 

The Seller stores electronic documents relating to orders for a period of 10 years from the order being placed.

 

Archives are kept on a reliable and durable medium in accordance with the current law.

 

The Customer can request access to and/or a copy of the archived documents at any time by contacting the Customer Service.

 

 

Article 13 - Liability

 

The Seller accepts its liability for damages caused to the Customer following the violation by the Seller of its legal or contractual obligations.

On the other hand, the Seller’s liability cannot be incurred in the case of non-fulfilment of its legal or contractual obligations attributable either to an unforeseeable and insurmountable act on the part of a third party to the contract, or to a case of force majeure as defined by French case law, or due to the act or fault of the Customer.

 

Similarly, the Seller’s liability cannot be incurred for any inconvenience or damage related to the use of the Internet, in particular an interruption in the availability of the Website, a break in service, an outside intrusion or the presence of computer viruses, damages or alterations of data or files or for any indirect damage, whatever the causes and consequences.

 
The Website may contain links to third party websites not published or controlled by the Seller which therefore declines all liability as to their content and as to the relations the Customer might enter into with these third party websites.

 

 

Article 14 – Entirety and validity of Terms and Conditions of Sale

 

If one of the clauses of this contract becomes null and void due to a change in regulations or a legal decision, this would not in any case affect the validity and respect of the other provisions of these Terms and Conditions of Sale.

 

The Terms and Conditions of Sale applicable are those in effect on the date of the sale.

 

 

Article 15 – Applicable law and jurisdiction

 

Subject to more favourable public policy provisions of the law of the country in which the Customer has his/her usual residence, these Terms and Conditions of Sale as well as relations and/or disputes resulting from sales on the Website are governed by French law.

 

In the case of a dispute that cannot be resolved amicably, the Customer can choose to bring an action before the courts of the country where the Seller is based or before the courts of the country where he/she is resident.