Terms and Conditions of Sale
ARTICLE 1: Definitions
Client: Refers to any natural or legal person placing an order or making a purchase from the company NEWAVE.
General Terms and Conditions of Sale: The general terms and conditions outlined below.
NEWAVE or the company NEWAVE: Refers to a Simplified Joint Stock Company with a share capital of €1000, with its registered office located at ZI DES PLESSE SUD IMP ANDRE CITROEN, 85180 LES SABLES D’OLONNE. It is registered with the Trade and Companies Registry of Laroche-sur-Yon under the number 950 860 924 and has an intra-community VAT number FR91950860924.
Parties: Refers to the company NEWAVE and the Client.
Products: Refers to the items offered for sale by the company NEWAVE in its points of sale (whether fixed or mobile) or on its website https://newavesurf.com/ as well as any other website possibly operated by the company NEWAVE.
It is important to note that, for all defined terms, the use of the singular also includes the plural and vice versa.
ARTICLE 2: Scope and Modification of the General Terms and Conditions of Sale
1.Applicability of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale are in force between the company NEWAVE and its Clients.
2. Acceptance of the General Terms and Conditions of Sale
Any acquisition, order, or pre-order made from NEWAVE, particularly on its website (https://newavesurf.com/) or in its stores, implies prior, total, and unconditional acceptance of these General Terms and Conditions of Sale by the Client, who declares to have read and understood them.
3. Reservation of Modification
NEWAVE reserves the right to adjust or modify these General Terms and Conditions of Sale at any time.
4. Conditions Applicable in Case of Modification
In the event of a modification to these General Terms and Conditions of Sale, the conditions in force at the time of placing the pre-order, order, or purchase in the store will apply.
ARTICLE 3: Commitment of the company NEWAVE
The company NEWAVE undertakes towards the Customer to provide Products conforming to the validated order or the Customer’s purchase.
ARTICLE 4: Customer Commitments
The Customer undertakes to respect the following conditions:
Compliant Payment
- To pay for his order, pre-order or purchase within the deadlines agreed between the Parties, particularly in the case of a pre-order of a surfboard involving a deposit.
Responsible use of the Products
- Use NEWAVE’s Products in accordance with the laws and regulations in force, respecting their intended use, with diligence and caution. The Customer acknowledges that he/she is aware of the risks associated with the sporting activities promoted by NEWAVE’s Products and accepts them.
Proper use of the Products
- Refrain from using NEWAVE’s Products in a manner contrary to their purpose, intended use or limitations. Under no circumstances will NEWAVE be held responsible for the actions of the Customer or third parties involving NEWAVE’s Products.
Respect the Intellectual Property Rights
- Undertake not to attempt to copy or reproduce NEWAVE’s Products, its brand, its commercial name, and more generally not to infringe the intellectual property rights held by NEWAVE. None of these rights are transferred to the Customer as part of the purchase, order or pre-order.
ARTICLE 5 : PRODUCT AVAILABILITY
1. Product Availability
- NEWAVE’s Products are offered within the limits of available stocks and available raw materials/materials.
2. Indication of Unavailability
- Any unavailability of a Product will be clearly displayed on the NEWAVE website.
3. Refund in the Event of Cancellation
- If a Product becomes unavailable after an order has been placed, NEWAVE reserves the right to cancel the order concerned. NEWAVE undertakes to inform the Customer concerned within a reasonable period of time.
4. Refund Terms and Conditions
- In the event of cancellation of the order at the request of NEWAVE, the Customer will be reimbursed for all sums paid to NEWAVE within seven days of cancellation, to the exclusion of any other costs or compensation.
5. Refund Terms
- Refund will apply to the same conditions as the initial payment, unless a different agreement was made between the sides.
6. Cancellation of an Order during Promotional Period.
- It is important to remember that if an order is cancelled during a promotional period, the Customer won’t benefit any rights to the upkeep of promotional conditions in case of a new order.
ARTICLE 6 : Price Product
1. Prices in Euros including VAT
- All prices are expressed in euros, inclusive of all taxes, and are subject to 20% French VAT. The prices indicated do not include transport costs.
2.Transport costs
- In the event of delivery, the Customer is responsible for transport costs, unless he/she benefits from a special offer exempting him/her.
3. Price changes
- NEWAVE reserves the right to modify its prices at any time. However, the prices in force at the time of the pre-order, order or purchase will be applied to the Customer, subject to the availability of the Product ordered.
4. Price Anomalies
- In the event of a computer anomaly, error or abnormally low price, NEWAVE reserves the right to cancel the order in question. In this case, the Customer will be reimbursed for all sums paid to NEWAVE within seven days of the cancellation.
5. Refund Terms and Conditions
- The refund will be made under the same conditions as the initial payment, unless otherwise agreed between the parties.
6.Cancellation of an Order during a Promotional Period
- It is important to note that if an order is cancelled during a promotional period, the Customer will have no right to maintain the promotional conditions in the event of a new order.
ARTICLE 7 : Ordering and pre-ordering procedures
1. How to place an order
- Consumers have three options for placing orders and pre-orders:
- Directly in a NEWAVE shop.
- On the NEWAVE website.
- By contacting NEWAVE directly.
- Professional customers must contact NEWAVE or its representatives, and it is important to note that the provisions of consumer law do not apply to them.
2. Order or Pre-order Confirmation
- In all cases, and subject to the conditions set out in these General Terms and Conditions of Sale, the order or pre-order will be validated by NEWAVE, provided that :
- The Product ordered is part of NEWAVE’s catalogue on the date of the order or pre-order.
- The Product is eligible and available for an order or pre-order, depending on the circumstances.
ARTICLE 8 : PRICE PAYMENT AND VALIDATION OF THE ORDER and of the in-store purchase
1. Shop Payment Methods
- When a purchase is made or an order placed in a NEWAVE boutique, payment of the price may be made by cheque, in cash (subject to compliance with the applicable ceilings in force), or by bank card.
2. Validation prone to Payment
- In this context, the order or purchase will be validated subject to full and immediate payment of the Product(s) ordered or purchased by the Customer.
3. Confirmation by e-mail
- Validation and confirmation of the order or purchase will be sent to the Customer by e-mail, to the e-mail address provided by the Customer at the time of the transaction.
ARTICLE 9 : PRICE PAYMENT AND VALIDATION OF THE ORDER ON THE WEBSITE
4. Online Payment Methods
- When ordering online, the Customer has the option of paying for the order in one of two ways:
- By credit card: None of the Customer’s bank details are transmitted via the NEWAVE website, which has no access to these details and does not store them on its servers. In this case, the order is validated as soon as payment is accepted by NEWAVE’s banking department.
- By bank transfer to NEWAVE’s account, the RIB of which is indicated on the invoice. In this case, the order will be validated upon receipt of the transfer to NEWAVE’s account.
5. Online Order Validation
- In this context, the online order will be validated on the day NEWAVE receives full payment for the Products ordered by the Customer.
ARTICLE 10 : Price payment and validation of the pre-order on the website
1. Pre-orders until 10/31/2023
- NEWAVE is exceptionally offering the opportunity to place pre-orders until 31/10/2023 for boards and bags for transporting boards.
2. Pre-ordering Methods
- During this period, pre-orders can be placed on the NEWAVE website or directly with NEWAVE.
3. Payment Methods
- Payment is made in two stages, by credit card or bank transfer:
- An initial payment (deposit) is made at the time of the pre-order, equivalent to 50% of the value of the pre-ordered product (this amount is communicated to the Customer before the pre-order). It is important to note that, in accordance with article L. 214-1 of the French Consumer Code, this payment represents a deposit, not a down payment, and does not confer any additional right of withdrawal on the Customer.
- The second payment, covering the remaining 50%, is made on a date set by NEWAVE and communicated to the Customer. No delivery will take place in the absence of full payment of the balance by the Customer.
4. Validation of the Pre-order
- The pre-order is validated subject to immediate and full payment of the deposit by the Customer.
5. Confirmation by e-mail
- Validation and confirmation of the pre-order or purchase will be sent to the Customer by e-mail, to the e-mail address provided by the Customer at the time of the transaction.
ARTICLE 11 : Delivery terms and deadlines
1.Products Delivery
- The Product(s) ordered are delivered by a specialised carrier to the delivery address provided by the Customer at the time of the pre-order or order.
2.Commitment to Delivery Times
- NEWAVE undertakes, as part of a best endeavours obligation, to respect the delivery times indicated at the time of the order or pre-order.
3. Non-Working Days
- Saturdays, Sundays and public holidays are added to the initial delivery time.
4.Indicative delivery times
- Delivery times are generally as follows (they are provided for information only and in the event of any discrepancy, the delivery times indicated at the time of the order or pre-order will prevail):
- In the case of a pre-order of a Product: subject to the Customer’s compliance with its payment obligations, in particular payment of the balance on the date agreed by NEWAVE, NEWAVE undertakes to deliver the Product within 24 (twenty-four) months from the date of validation of the pre-order.
- In the event of an order for an available Product: NEWAVE undertakes to deliver it within 90 (ninety) days from the date of validation of the order.
5. Date and Place of Delivery
- Delivery is considered to have been made to the site(s) expressly indicated by the Customer when placing the order, on the date of the first presentation of the parcel.
6.No cancellation or penalty
- A delay in delivery does not justify cancellation of the order or a claim for penalties or compensation.
7.Liability in the Event of Delay
- In the event of late delivery, NEWAVE may be released from all liability by proving that the late delivery is the result of factors attributable to the Customer (incorrect address, absence of the recipient on the agreed date), to a third party to the contract, in particular the carrier, or to a case of force majeure.
ARTICLE 12 : Ownership rights
1. Products Ownership
- The Products remain the exclusive property of NEWAVE until full payment of the order, including the deposit and the balance in the case of pre-orders.
2. Risks Transfer
- In all cases, as soon as the packages or Products are handed over (sent) by NEWAVE to the carrier, the risks associated with the Products delivered are transferred to the Customer.
ARTICLE 13 : Right of withdrawal
1. Withdrawal Rights
- In the event of an order for one or more Products on the NEWAVE website, the Consumer Customer has the right to cancel the order in accordance with Article L221-18 of the French Consumer Code, without the need for justification and without incurring any penalties, with the exception, where applicable, of the cost of returning the Product(s).
2. Withdrawal Period
- Consumer Customers have a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal.
3. Exercising the Right of Withdrawal
- In order to exercise their right of withdrawal, Consumer Customers must inform NEWAVE of their decision to withdraw within the aforementioned period. This can be done, at the Customer’s choice, by e-mail to ewen.mahevas@newavesurf.fr or by registered post with acknowledgement of receipt to the following address: NEWAVE, Impasse André Citroën – ZI des Plesse Sud – Château d’Olonne 85100 les Sables d’Olonne.
4. Model Form
- The Customer may use the model withdrawal form provided by NEWAVE in the appendix to these General Terms and Conditions, although this is not obligatory.
5. Refund
- In the event of withdrawal, the company NEWAVE will reimburse all payments received, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the standard method offered by the company NEWAVE) without undue delay, and at the latest fourteen days after receipt of notification of the exercise of the right of withdrawal.Reimbursement will be made by the same means of payment as that used for the initial transaction, unless otherwise agreed between the parties. This refund will not incur any costs for the Consumer Customer.
6. Return of Products
- The Product must be returned by the Consumer Customer in new condition, accompanied by all accessories (instructions, assembly tools, warranties, etc.), in its original packaging. The original packaging must not be used for the return parcel.
7. Return Address
- The return can be made by the service chosen by the Customer at the following address: NEWAVE, Impasse André Citroën – ZI des Plesse Sud – Château d’Olonne 85100 les Sables d’Olonne.
8. Return Conditions
- The right of withdrawal only applies to complete Products, in their original condition (packaging, accessories, instructions, labels, etc.), returned with a copy of the invoice.
9. Damaged Products
- Products returned damaged, used or with defective packaging will not be accepted for return or exchange.
ARTICLE 14 : Legal guarantee of conformity and latent defect
1. Legal Conformity Guarantees
- All Products offered by NEWAVE are subject to the legal warranties of conformity in accordance with articles L.217-3 to L.217-20 of the French Consumer Code.
2. Duration of the Right of Complaint
- The consumer Customer has a period of two years from delivery of the goods to exercise his rights against NEWAVE under the legal guarantee of conformity.
3. Customer’s choice
- The consumer Customer may choose between repair, replacement of the goods, rescission of the contract, or reduction of the price, subject to the conditions of cost and seriousness of the defect defined in particular by articles L. 217-12 et seq. of the French Consumer Code.
4. Exemption from Proof of Defect
- The Consumer Customer does not need to prove the existence of the lack of conformity at the time of delivery during the twenty-four months following delivery of the goods.
5. Notification of Recourse to the Guarantee
- To invoke the guarantee of conformity, the Consumer Customer must notify NEWAVE of their decision by e-mail to ewen.mahevas@newavesurf.fr or by registered post with acknowledgement of receipt to the following address: NEWAVE, Impasse André Citroën – ZI des Plesse Sud – Château d’Olonne 85100 les Sables d’Olonne.
6. Implementation procedure
- The procedure includes the following stages:
- Consumer Customer complaint with order number;
- Sending a photo or video of the Product, description of the problem, and preferred solution;
- Sending the discussed Product in a parcel to NEWAVE’s address;
- Detailed assessment of the Product by NEWAVE;
- Communication of the decision to the Customer and corresponding procedure.
7. Processing Time
- The processing time for a request to implement the guarantee of conformity is 30 (thirty) days.
8. Hidden Defects Guarantee
- NEWAVE’s Products are also covered by the guarantee against hidden defects set out in articles 1641 to 1649 of the French Civil Code. The procedure for implementing this guarantee is similar to that for the guarantee of conformity, subject to the mandatory provisions of the Civil Code.
9. Exclusion of Additional Warranties
- NEWAVE excludes all warranties other than the legal warranties and warranties of public order provided by the law in force and applicable to the contract.
ARTICLE 15 : promotional campaign and Benefit codes
1. Promotional Codes
- NEWAVE promotional codes have a limited duration, from 00H01 on the launch day to 23H59 on the last day. Once the period has expired, the discount associated with the code will be permanently lost. These advantage codes, which give entitlement to discounts, are valid only on full-price products, unless otherwise indicated.
2. Use of Promotional Codes
- Promotional codes must be used in a single order and cannot be exchanged for their monetary equivalent or refunded in part or in full.
3. Entering Promotional Codes
- To benefit from your promotional code, the Customer must enter it in the dedicated field on the shopping basket page.
ARTICLE 16 : Responsibility
1. NEWAVE’S Responsibility
- NEWAVE accepts no responsibility for the Customer’s choice of Product or its use after purchase.
2. Risks Acceptance
- The Customer acknowledges being fully informed of the nature of the Products offered by NEWAVE and accepts the risks associated with the practice of sport promoted by NEWAVE.
3. Customer Responsibility
- The Customer is solely and exclusively responsible for the use of the Products, including in the event of a loan, and waives all recourse, to the extent permitted by applicable legislation, against NEWAVE concerning the use of the Products.
4. Faults by the Customer or Third Parties
- NEWAVE is not obliged to compensate for the harmful consequences resulting from faults committed by the Customer or by third parties when using the Products.
5. Limitation of Liability
- In the event of fault on the part of NEWAVE, the civil liability of NEWAVE, with the exception of personal injury and gross negligence, is limited to a sum not exceeding the value invoiced and received for the supply of the defective Product. The Customer must guarantee the waiver of any recourse by its insurers or third parties having contractual relations with it.
Article 17 - Managing Cases of Force Majeure
1. Force Majeure
- Neither party to the contract may be held liable for any delay or failure in the performance of its contractual obligations if such delay or failure is directly or indirectly caused by a case of force majeure, in the broad sense of French case law. The parties agree that any event beyond the control of either party and against which it could not reasonably guard constitutes a case of force majeure, suspending as such the obligations of the parties.
2. Notification of an Event of Force Majeure
- Each party shall immediately inform the other party of the occurrence of an event of force majeure of which it is aware and which, in its opinion, is likely to affect the performance of the contract.
3. Termination in the Event of Prolonged Suspension
- If the suspension due to a case of force majeure is prolonged beyond three months, each party reserves the right to terminate the contract without compensation, one month after sending a registered letter with acknowledgement of receipt notifying this decision. The parties agree, without this list being limitative, that certain events, such as the failure of the public electricity network, telecommunications, loss of Internet connectivity, strikes, natural disasters, health crises, and others, may constitute cases of force majeure.
ARTICLE 18 : GDPR
1. Collection and Processing of Personal Data
- NEWAVE is authorised to collect and process the following personal data from the Customer in order to fulfil its contractual obligations:
- Last name
- First name
- Postal Address
- Date of birth
- E-mail address
- Telephone number
2. Use of Personal Data
- This personal data is neither sold nor transferred and is exclusively intended to enable NEWAVE to fulfil its contractual obligations towards the Customer, which the Customer acknowledges and accepts.
3. Retention of Personal Data
- This personal data is kept for the duration of the contract and for 5 years from the end of the contract concluded with the Customer.
4. Right to delete Personal Data
- The Customer has the right to request the deletion of their personal data at any time by sending a written request to NEWAVE at the following e-mail address: contact@newavesurf.fr.
5. Right of Access, Rectification and Limitation
- In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access all information concerning him/her that has been recorded. They may also request the rectification of inaccurate or incomplete data, the deletion of data and the limitation of its processing. To exercise these rights, a written request must be sent to NEWAVE at the following e-mail address: contact@newavesurf.fr.
ARTICLE 19 : General
6. Unforeseeable Change of Circumstances
- Neither Party agrees to bear the risks associated with a change in circumstances unforeseeable at the time of conclusion of the contract, making the performance of its obligations excessively onerous.
7. Waver of Contract Clauses
- Any waiver invoking the existence or total or partial breach of a clause of the contract, regardless of its duration, does not constitute a modification or deletion of the said clause, nor a waiver invoking previous, concomitant or subsequent breaches of the same clause or other clauses. Any such waiver shall be effective only if in writing and signed by a duly authorised person.
8. Nullity of a Clause
- If one of the clauses of the contract is declared null and void by virtue of a rule of law in force or a final judicial decision, it will be deemed unwritten, without affecting the validity of the contract or the other clauses.
9. Consumer Mediator
- In the event of a dispute, the Customer may contact the Consumer Mediator at the Centre de Médiation et d’Arbitrage de Paris, located at 39 avenue Franklin D. Roosevelt, 75008 Paris.
10. Company NEWAVE contact details
- Phone number : 02.44.41.26.10
- E-mail address : contact@newavesurf.fr
- Registered office: NEWAVE, Impasse André Citroën – ZI des Plesse Sud – Château d’Olonne 85100 les Sables d’Olonne
11. Applicable Law
- The contract is governed by French law.
12. Competent Jurisdiction
- Any dispute arising from the conclusion, performance or interpretation of the contract will be submitted to the competent jurisdiction in accordance with French law.
13. Copyright and Intellectual Property
- Any total or partial reproduction of the content of the NEWAVE website or use of the photographs on the site without prior authorisation may result in legal proceedings.
Appendix to the general terms and CONDITIONS
Withdrawal Form
To the attention of NEWAVE / Impasse André Citroën – ZI des Plesse Sud – Château d’Olonne 85100 les Sables d’Olonne
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Product ordered :
………………………………………………………………
Ordered on (*) / received on (*) :
………………………………………………………………
Name of consumer(s) :
………………………………………………………………
Address of consumer(s) :
………………………………………………………………
………………………………………………………………
………………………………………………………………
Signature of consumer(s) :
Date: ………………………………………………………………
(*) Delete as appropriate.
