Terms of Sales
Version of September 1, 2021
ARTICLE 1 – DEFINITIONS
BUYER: this term designates the co-contractor, an adult natural person who has ordered one or more Product(s) on the Site. The Product(s) ordered must be intended for the personal use of the Buyer, to the exclusion of any resale operation outside the family circle.
ORDER: this term designates the request presented by the Buyer to RGOODS, which, once accepted by the latter, constitutes the sales contract between the parties. Any Order carries an obligation to purchase on the part of the Buyer.
GENERAL CONDITIONS OF SALE: this term designates the conditions and terms described herein under which RGOODS offers for sale the Product(s) presented on the Site.
SRF: this term designates SURFRIDER FOUNDATION
Telephone: 01 49 23 13 00
PARTY(S): This term refers jointly or separately to Buyer and/or RGOODS.
PRODUCT(S): this term designates the objects or services marketed by RGOODS on the Site.
SELLER: this term designates the company RGOODS (hereinafter “RGOODS” or “the Seller”), a simplified joint stock company whose head office is located at 197 avenue de la République, 33 200 Bordeaux, registered with the RCS Bordeaux 893 293 969, email: contact@rgoods.com.
SITE: this term refers to the Website operated by RGOODS, accessible at. For more information relating to the Site, please consult the Legal Notices.
USER: this term refers to any person browsing the Site.
ARTICLE 2 – IDENTIFICATION OF THE SELLER
SURFRIDER FOUNDATION asked the company RGOODS to develop and operate the SRF online store accessible electronically at shop.surfrider.eu
RGOODS is the seller of goods or services on the Site.
ARTICLE 3 – GENERAL CONDITIONS OF SALE OF THE SITE
The purpose of these General Conditions of Sale is to define the rights and obligations of the Parties in the context of the sale of Products by RGOODS to any potential Buyer as well as to inform them of the conditions and modalities under which the Seller carries out the sale and upon delivery of the Products ordered. The general conditions of sale apply, without restriction or reservation, to all sales of Products on the Site, including sales made as part of promotional offers or competitions initiated by RGOODS.
When placing any Order, the Buyer expressly declares having read these General Conditions of Sale prior to placing the Order. Consequently, the fact of placing an Order on the Site implies unreserved acceptance by the Buyer and full and complete acceptance of these General Conditions of Sale which take precedence over any other document, except special special conditions expressly granted in writing by seller.
The Seller reserves the right to modify these General Conditions of Sale at any time. However, the applicable General Conditions of Sale are those accepted by the Buyer at the time of validation of his Order.
These General Conditions of Sale are supplemented by the Privacy Policy.
ARTICLE 4 – PRODUCTS AND PRICES
4.1 – Product Characteristics
The articles presented on the Site are characterized by a detailed description (name, dimensions, color, origin, instructions for use) whose content depends on the nature of the product, a price and a photograph. The offer proposed by the Site is valid in mainland France only.
The Buyer is informed that the photographs, illustrations and texts presenting the Products have purely illustrative value; consequently, these texts and photographs are non-contractual. In the event that the Products are photographed alongside or in their packaging, the Seller specifies that this packaging does not constitute a substantial element of the sale.
Furthermore, the Seller reserves the right to modify at any time the assortment of Products offered for sale on its Site, in particular due to constraints with its suppliers.
4.2 – Availability of Products
The Products offered for sale are those which appear on the Site on the day of consultation by the User and/or the Buyer.
If a product is unavailable after placing the Order, the Buyer is informed of this unavailability by email by the Seller. The customer may decide to confirm their order despite the missing product(s) or to cancel it, in which case the Order will be refunded. If the Order is validated by the Buyer, the Seller will then deliver it without the Product(s) subject to this unavailability and will reimburse the missing Product(s).
4.3 – Product Prices
The prices of the Products offered on the Site are indicated in euros (€). They take into account the value added tax (VAT) applicable on the day of the Order. Any change in its rate will be reflected in the prices of the products offered.
The prices do not include any costs for processing, preparing and shipping the Order, invoiced in addition to the price of the Products. Delivery costs and terms are indicated to the Buyer before confirmation of their Order.
The price indicated in the Order confirmation is the final price, expressed all taxes included, including VAT for France, and the costs of processing, preparing and shipping the Order.
The products remain the entire property of RGOODS until the Buyer has fulfilled all his obligations towards RGOODS and in particular until full payment of their price.
ARTICLE 5: REGISTRATION AND VALIDATION OF THE ORDER
The conditions described in this article are applicable to any Order or pre-Order placed by the Buyer on the Site.
5.1 – Registration of an Order
Any User has the possibility of becoming aware of the Products offered for sale by RGOODS on the day of consulting the Site by browsing the different categories of Products. If he wishes to place an Order, the User then chooses the Products in which he is interested by clicking on the “Add to cart” box.
At any time, the User can obtain a summary of the selected Products or modify their Order, by clicking on “View my Basket”. A summary of your Order then appears on the screen. If the list presented to him corresponds to the Products he wishes to order, the User can continue his order by clicking on “Order”.
5.2 – Identification of the Buyer
To place an Order, the Buyer must enter their customer and bank details or identify themselves through their personal account if they have created one on the Site.
The Buyer declares that he has full legal capacity allowing him to commit to these General Conditions of Sale. If a Buyer who does not have legal capacity is required to order Products, his legal representatives will have to assume full responsibility for the Order and must in particular honor the price of the latter.
5.3 – Validation of the Order
The Order may be modified at any time until final validation by the Buyer, which constitutes definitive acceptance of the offer.
As soon as the Buyer validates the Order, it is transmitted to the Seller and can no longer be modified or canceled by the Buyer, other than under the conditions expressly provided for by these General Conditions or under the conditions required by the current law.
Once payment for the Order has been validated by the Buyer in accordance with the terms provided for in Article 6 of these General Conditions, a summary of the Order is automatically sent to him electronically, to the e-mail address indicated by the Buyer at the time of identification.
This Order summary will include the following elements:
the terms of payment, delivery and, where applicable, delivery costs;
the characteristics of the Product(s) ordered;
the conditions and procedures for exercising the right of withdrawal and the e-mail address to which the Buyer can submit his complaints;
Automatic recording systems are considered as proof of the nature, content and date of the Order.
The information provided by the customer when placing the order is his sole responsibility: in the event of an error in the wording of the recipient’s contact details, RGOODS cannot be held responsible for the impossibility of delivering the product.
ARTICLE 6 – PAYMENT
6.1 – Payment methods
Bank cards
The bank cards accepted on the Site are: Carte Bleue, Visa and Master Card.
All data entered when paying by Bank Card is immediately encrypted using the SSL protocol. No confidential payment data is stored by RGOODS. This information is only accessible to the RGOODS banking service provider. At no time does RGOODS have access to the Buyer’s banking data.
PayPal
This possibility requires the Buyer to have a PayPal account. The Buyer will then be redirected to a secure PayPal page. The Buyer must enter the email address linked to their PayPal account and their PayPal password when paying for the Order.
Financial and personal information is automatically encrypted when sending any sensitive information to PayPal servers. In the case of an item return, the refund will be made in the form of a credit to the PayPal account used to pay for the original Order.
Apple Pay
This possibility requires the Buyer to have an Apple Pay account. The Buyer will then be redirected to a secure Apple Pay page. The Buyer must enter their Apple account ID and associated password to pay for the Order.
Financial and personal information is automatically encrypted when sending any sensitive information to Apple servers.
6.2 – Payment terms
The price invoiced to the Buyer is the price indicated on the Order confirmation sent by email by RGOODS. Orders are payable in euros (€), all taxes and compulsory contributions included. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
RGOODS reserves the right to suspend or cancel any Order and/or delivery in the event of a payment incident, failure to pay any sum due by the Buyer or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders.
6.3 – Security of payment transactions
As part of the fight against Internet fraud, information relating to the Buyer’s Order may be transmitted to any third party authorized by law or designated by RGOODS for the sole purpose of verifying the Buyer’s identity, the validity of the Order, the payment method used and the planned delivery.
Following this check, RGOODS reserves the right to request a photocopy of the Buyer’s identity card and/or any information relating to the Buyer’s identity. All Buyers have the right to access, rectify and delete personal data concerning them and processed by RGOODS, under the conditions provided for in the Confidentiality Policy.
RGOODS uses the services of the company MANGOPAY, a public limited company under Luxembourg law with capital of 18,700,000 euros whose head office is located at 2 Avenue Amélie, L-1125 Luxembourg, registered in the Luxembourg Trade and Companies Register under number B173459, and approved as an Electronic Money Institution with the Financial Sector Surveillance Commission (CSSF) which provides it with a secure payment tool.
Payment security is based on the authentication of the Buyer and the confidentiality of all data. To ensure this security, MANGOPAY uses smart 3-D Secure.
To be able to use the Mangopay payment service, the Buyer may be asked to declare having accepted the general conditions of said service provider. The Buyer will be solely responsible for the transmission of his or her credit card information and RGOODS hereby disclaims all liability, to the fullest extent permitted by applicable law.
ARTICLE 7 – RETURN AND REFUND
7.1 – Exercise of the right of withdrawal
In accordance with article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from the day of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal. without having to justify his decision.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Orders relating to:
the supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection; opened or used cosmetic and hygiene products. They must be returned in their original packaging, unopened and undamaged.
the supply of goods made to the consumer’s specifications or clearly personalized.
The Buyer will assert his right of withdrawal by means of an unambiguous declaration by email to contactshop@surfrider.eu and print a return slip following the procedure indicated on the Site.
The Buyer must then return, at their own expense, the Product(s), in their original packaging, no later than fourteen (14) days following communication of their decision to withdraw. RGOODS will not accept parcels sent postage collect.
The items must be returned to the address listed on the return form that the Buyer has printed on the Site or to the following address: RGOODS chez LOGVAD, 1 rue de la Couture, 59115 Leers.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
If the aforementioned conditions are met, the customer can request reimbursement of the amount of the returned products (order preparation and delivery costs are not reimbursed). RGOODS will then reimburse the sums paid by the Buyer for the purchase of the products returned when ordering.
RGOODS will reimburse the customer as soon as possible and at the latest within fourteen (14) days following the date of withdrawal. The Seller reserves the right to defer reimbursement until recovery and control of the Product(s). Refunds will be made by bank transfer to the account linked to the bank card or another means of payment used when paying for the Order.
7.2 – Product(s) unavailable
In the event of unavailability of the Product(s), and in the event that the Buyer has paid for the said Product(s), the Buyer will be reimbursed in accordance with the bank transfer to the account linked to the bank card or another means of payment used when paying for the Order, within thirty (30) days from the notification of non-availability sent to the Buyer.
ARTICLE 8 – DELIVERY AND RECEIPT
8.1 – Provisions common to the delivery of Products
The Products ordered by the Buyer in accordance with these General Conditions will be delivered to the address indicated by the Buyer as the delivery address when placing the Order (“Delivery Address”).
Delivery will take place within the time limits indicated on the Order confirmation that the Seller will send to the Buyer. Delivery times run from the date of validation of the Order by the Buyer. RGOODS undertakes to implement all necessary means to respect the delivery times indicated, and to deliver the Order no later than thirty (30) days from validation of the Order.
The Buyer has the choice between several delivery methods. RGOODS offers home deliveries via different service providers, the terms and conditions may be different depending on the Products, the weight of your Order and the service provider. The amount of your contribution to the preparation and shipping costs depends on the delivery method you choose; you will be reminded of this at the time of validation of your order before final validation of the latter.
The delivery services chosen by RGOODS are very reliable services. However, as with any shipment, there may be a delay in delivery or the package may be lost. In the event of a delivery delay of more than 7 days, the Buyer must inform the customer service of the Surfrider Foundation store contactshop@surfrider.eu to trigger the opening of an investigation. This investigation can last up to 21 days from its opening. If during this period, the package is found, it will be redirected as soon as possible to the Buyer’s home. If, on the other hand, the package is not found at the end of the 21-day investigation period, the package will be considered lost. In this case, RGOODS will return a replacement package to the Buyer, at their expense. If the lost product(s) were no longer available at that time, RGOODS would reimburse the Buyer for the amount of this product(s).
Any anomaly concerning delivery (damage, open package, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the signature of the Buyer. The Buyer must report the anomaly to the customer service of the SRF store within 24 hours so that a complaint can be made to the carrier.
8.2 – Receipt of the Order
When receiving their package, the Buyer is invited to check the contents of the package and to sign the delivery receipt, stating any reservations observed.
In the event of significant anomalies relating to the condition of the package (heavily damaged package, open package, trace of a leak, etc.) or to the products ordered (missing products and/or damaged products), the recipient of the Order must imperatively do not open the package or refuse delivery if the delivery person is present.
The recipient must also express all reservations concerning the anomaly detected in a clear and detailed manner to the Site’s customer service at contactshop@surfrider.eu under the subject “Returns and refunds” within three (3) working days from receipt of the package. The Buyer must return the Products to RGOODS who will send him the replacement Product(s), at his expense.
Delivery is deemed to have been made as soon as the package is made available in person or in the recipient’s mailbox.
In the event of force majeure, RGOODS cannot be blamed or held responsible for any direct or indirect consequences resulting therefrom.
ARTICLE 9 – LEGAL GUARANTEES
9.1 – Legal guarantee of conformity
In accordance with articles L.217-4 et seq. of the Consumer Code, the Seller is responsible for any lack of conformity of the Products offered on the Site. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Subject to the presentation of proof of purchase, the Buyer has a period of two (2) years from delivery of the Product to assert the legal guarantee of conformity.
The Buyer contacts the Customer Service of the SRF store via the Contact form. Customer Service will acknowledge receipt of the Buyer’s request and will indicate the procedure to follow, in particular sending them a good return. The costs of returning the Product(s) are the responsibility of the Seller.
The non-compliant Product(s) must be returned unused by the Buyer and if possible in their original packaging. It is up to the Buyer to keep all proof of this return.
If all the aforementioned conditions are met, the Buyer will have the choice between reimbursement and replacement of the Product. RGOODS will exchange or reimburse the Buyer for the returned Products within fourteen (14) calendar days maximum from receipt of the returned items or in the absence of proof of shipment of the latter.
If the Buyer wishes to be reimbursed, in accordance with article 7 hereof, RGOODS will credit the bank card used during the purchase by indicating to its service provider the information relating to the order number. In the event of payment by Paypal, the reimbursement will be made directly to the Buyer’s Paypal account.
9.2 – Guarantee against hidden defects
In accordance with articles 1641 et seq. of the Civil Code, RGOODS is liable for hidden defects in the Products offered on the Site. Subject to the presentation of proof of purchase, the Buyer may claim the guarantee against hidden defects within a period of 2 years.
The Buyer must provide proof that the defect was not apparent, existed at the time of purchase and renders the product unfit for the use for which it is intended, or significantly reduces this use. Subject to providing this proof, the Buyer may choose between canceling the sale or reducing the sale price.
ARTICLE 10: PERSONAL DATA
RGOODS and SRF collect personal data as part of this Site. The information collected from Users and Buyers on the Site is intended for the exclusive use of RGOODS and SRF.
RGOODS and SRF only collect the nominative or personal information necessary for the proper execution of the Order and donations made on the Site. Providing this information is mandatory, this information being essential for the processing and shipping of Orders and the establishment of invoices or tax receipts by SRF in the case of a donation made on the Site. Failure to provide information will result in non-validation of the Order.
Cookies may be used for the operation and processing of Orders on the Site.
We respect the concerns of any Buyer regarding the protection of their privacy and personal data. In accordance with the provisions of the “Informatique et Libertés” law of January 6, 1978 as amended as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the Buyer has a right of access to his data, information, opposition, rectification, limitation, portability and deletion of data concerning him.
The Buyer also has the right to formulate and communicate directives relating to the fate of his personal data after his death and to lodge a complaint with a competent authority. To exercise one or more of these rights, the Buyer must contact customer service at RGOODS – Personal data service – 197 avenue de la République, 33 200 Bordeaux or by email at donneespersonnelles@rgoods.com.
For more information regarding the processing of your Personal Data and the rights you have, please consult the Privacy Policy.
ARTICLE 11 – RESERVATION OF OWNERSHIP
RGOODS retains full ownership of the Products sold until full payment of the price, in principal, fees and taxes included. Failure to pay may result in a claim for the Products.
The transfer of risks of loss or deterioration occurs in the hands of the Buyer from delivery of the Products.
ARTICLE 12 – INTELLECTUAL PROPERTY
The Site is an intellectual work protected by intellectual property law. The Site and each of the elements that compose it (such as brands, logos, photographs, images, illustrations, texts, slogans, videos, etc.) are the exclusive property of SRF or RGOODS depending on the elements concerned, the only one authorized to use the intellectual property rights and related personality rights.
Any total or partial reproduction, modification or use of these elements for any reason and on any medium whatsoever, without the express, prior written consent of SRF, RGOODS or the holder of the intellectual property rights concerned, is strictly prohibited.
No right of use can be granted to any of the intellectual property rights appearing on the Site. SRF and RGOODS reserve the right to pursue any infringement of its intellectual property rights.
Any simple or hypertext link to the Site is strictly prohibited without the express written consent of RGOODS.
ARTICLE 13 – LIABILITY OF RGOODS
RGOODS and SRF are not the producers of the items for sale on the Site, within the meaning of law n°98-389 of May 19, 1998 and relating to liability for defective products. RGOODS and SRF cannot be held responsible for damage caused to a person or property by a product defect or by improper use of the products marketed or modifications to the products resulting from the manufacturers.
Only the responsibility of the producer of this product can be sought by the consumer, on the basis of the information appearing on the packaging of the said product.
The Seller cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the item, force majeure as defined by the French courts or the occurrence of an event which has not not been reasonably under the exclusive control of the Seller.
The Seller cannot be held responsible in the event of an error in the presentation of the products on the Site, the photographs, texts and illustrations representing the products being not contractual.
ARTCILE 14 – PARTIAL NON-VALIDITY
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ARTICLE 15 – SETTLEMENT OF DISPUTES, APPLICABLE LAW AND COMPETENT JURISDICTION
In the event of a dispute or complaint relating to an Order, the Buyer must submit his grievances by sending a letter to RGOODS – Customer Service – 197 avenue de la République, 33 200 Bordeaux or by email to contactshop@surfrider .eu.
In the event of difficulties in the application of this contract, the Parties agree to the possibility, before any legal action, of seeking an amicable solution in the settlement of the dispute.
Sales of RGOODS Products are subject to French law regardless of the country of residence of the Buyer and the place where the Order is placed. The mandatory legal provisions of the Buyer’s country of habitual residence remain unchanged.
Any dispute relating to the existence, interpretation or execution of these General Terms and Conditions, even in the event of multiple defendants or summary proceedings, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Commercial Court. of Bordeaux, in application of the rules laid down by the French code of civil procedure.