General Terms and Conditions of Sale
Article 1 - Entirety
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation as soon as he validates his order.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are accessible on the radline-boards.com website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their contractual relationship. The seller reserves the right to modify the general terms and conditions from time to time. Any modification will be applicable as soon as it is posted on the website.
If any provision of these general terms and conditions is silent, it shall be deemed to be governed by the practices in force in the distance selling sector, whose companies have their registered offices in France.
These general terms and conditions of sale are valid from their date of publication until they are amended or replaced.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the radline-boards.com website.
These terms and conditions apply to purchases made by buyers located in France and in the countries of the European Union, with deliveries made exclusively within the territory of the European Union. For all deliveries outside the European Union, prices are exclusive of tax and the customer undertakes to pay all taxes and customs duties that may be applied by the country of delivery. These charges may be requested by the carrier.
The products covered by these general terms and conditions of sale are: longboards & surfboards (complete boards, boards alone, trucks, wheels, bearings, grips, bushings and pivot cups, accessories), protection and accessories (helmets, gloves, protection packs, GoPro, tools, other accessories, knee and elbow pads, textiles).
The purchaser declares that he/she has read and accepted these general terms and conditions of sale before validating his/her order. As such, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.
Article 3 - Pre-contractual information
3.1 - Communication of information
Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
3.2 - Information sent to the buyer
The following information is provided to the buyer in a clear and comprehensible manner :
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The essential characteristics of the good or service ;
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The price of the good or service ;
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The method of calculating the price and, if applicable, any additional transport, delivery or postage costs and any other costs ;
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All additional transport, delivery or postage costs and any other costs ;
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If the contract is not to be performed immediately, the date or time by which the service provider undertakes to deliver the goods or perform the service, regardless of the price ;
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Information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities ;
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Information relating to the legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, as well as the procedures for implementing the guarantees and other contractual conditions.
3.3 - Additional information provided by the seller
The seller shall also provide the buyer with the following information :
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Its name or company name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address ;
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The methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints ;
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In the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the Consumer Code ;
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The duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract.
3.4 - Information relating to digital content
The seller shall indicate, with regard to digital content :
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Any relevant interoperability of this content with certain hardware or software of which the professional has or ought reasonably to have knowledge.
Article 4 - The order
The buyer may place an order online, from the catalogue available on the site, using the order form provided therein, for any product, subject to availability.
If a product ordered is unavailable, the buyer will be informed by e-mail.
For the order to be validated, the buyer must accept these general terms and conditions of sale by clicking where indicated. They must also choose the delivery address, the delivery method and finally validate the payment method.
The sale will be considered final when :
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The buyer receives an e-mail confirming acceptance of the order by the seller ;
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The full price of the order has been received by the seller.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, particularly in the event of non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
The order for this product will then be cancelled, and any refund made. The rest of the order will remain firm and final.
For any questions relating to the tracking of an order, the buyer may contact customer services at the following address: contact@radlineboards.com.
Article 5 - Electronic signature
The on-line provision of the purchaser's bank card number and the final validation of the order shall constitute proof of the purchaser's agreement, in particular :
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Payability of the sums due for the order ;
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The signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this is discovered, to immediately contact customer services at the following address: contact@radlineboards.com.
Article 6 - Order confirmation
Validation of an order by the Customer entails definitive acceptance of the sales contract, except in the cases provided for by the general conditions of sale.
The order process (double click) and the Customer's authentication validate the sales contract. SDG DISTRIBUTION will confirm the order by email.
The Customer can view the details of their order in the “My Orders” area. SDG DISTRIBUTION reserves the right to cancel any order in the event of a dispute with the Customer.
The information provided by the Customer (in particular the email address and contact details of the recipient) is his responsibility. SDG DISTRIBUTION is not responsible for errors in this information, and any delivery to the address indicated will be considered compliant.
In the event of reshipment due to an error by the Customer, the costs will be invoiced to the latter.
If a RADLINE product is out of stock, the Customer will be informed by email and the order for the product will be canceled. The rest of the order will remain valid. If payment has already been made for this product, it will be refunded; otherwise, the product will not be charged.
Article 7 - Proof of transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium, enabling them to be reproduced as proof if required.
Article 8 - Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller may not be held liable for any errors or omissions in this presentation.
The photographs of the products are not contractual and are for information purposes only.
Article 9 - Prices
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability of the products on that date.
Prices are quoted in euros and are subject to change according to exchange rate fluctuations, particularly for deliveries outside the Euro zone. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. For deliveries outside the European Union, additional taxes and customs duties may apply, and these costs will be borne by the customer where applicable.
Prices include VAT applicable on the date of the order. In the event of a change in the applicable VAT rate, this will automatically be reflected in the price of the products in the online shop. For deliveries outside the EU, the customer may be subject to local taxes, which are not included in the sale price.
Payment of the full price is required when the order is placed. At no time may the sums paid be considered as deposits or advance payments.
If new taxes or contributions, such as environmental taxes, are created or modified (upwards or downwards), these changes may be reflected in the sale price of the products.
The price is payable after validation of the order, according to the following methods :
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By online credit card (Carte Bleue, VISA, Mastercard, American Express, Bancontact) ;
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By PayPal.
Article 10 - Method of payment
Placing an order implies an obligation to pay, which means that the purchaser must pay the amount of the order when it is validated.
To pay for the order, the buyer has several methods of payment offered by the seller and listed on the website, in particular :
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By online credit card (Carte Bleue, VISA, Mastercard, American Express, Bancontact) ;
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By PayPal.
The buyer guarantees the seller that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the order form.
The seller reserves the right to suspend order processing and delivery in the event of refusal to authorise payment by bank card by the competent bodies, or in the event of non-payment. In addition, the seller may refuse a delivery or an order if the buyer has not paid in full or in part for a previous order, or if a payment dispute is being administered.
In order to prevent fraud, the seller has set up an order verification procedure to ensure that no one uses the bank details of a third party without their consent. To this end, the purchaser may be asked to email a copy of an identity document and proof of address. The order will only be validated once the seller has received and checked these documents.
Payments made by the purchaser will not be considered final until the seller has received the sums due.
Article 11 - Product availability - Refunds - Rescission
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly indicated on the home page of the site, delivery times, subject to availability, will be as indicated below. Delivery times run from the date on which the order is registered, as indicated in the order confirmation email.
Delivery times vary according to the geographical location of the purchaser :
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Metropolitan France : Delivery within 24 to 72 hours, from the day following validation of the order.
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European Union : Delivery within 2 to 5 working days, depending on the country.
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Outside the EU : Delivery within 6 to 12 working days, depending on the buyer's location.
In the event of non-compliance with the agreed delivery date or deadline, the purchaser must, before cancelling the contract, request the vendor to perform within a reasonable additional period. Failing performance within this new period, the purchaser may freely cancel the contract.
The buyer must complete these formalities by registered letter with acknowledgement of receipt or by any other written document on a durable medium.
The contract will be deemed to have been terminated on receipt by the seller of the letter or written document informing it of this termination, unless the professional has performed in the meantime.
The buyer may, however, cancel the contract immediately if the delivery date or delivery period constitutes an essential condition of the contract for him.
In this case, if the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In accordance with article L. 242-4 of the French Consumer Code, if the trader has not reimbursed the sums paid by the consumer, these sums are automatically increased by :
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The legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period set out above ;
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5% if the delay is between 10 and 20 days ;
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10% if the delay is between 20 and 30 days ;
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20% if the delay is between 30 and 60 days ;
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50% if the delay is between 60 and 90 days ;
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And an additional five points for each month of delay, up to the price of the product, then the legal interest rate.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then be able to choose between two options :
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Request a refund of the sums paid within 10 days of their payment.
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Request an exchange of the product.
Article 12 – Delivery terms
Delivery is defined as the transfer of physical possession or control of the good to the consumer. It only occurs after confirmation of payment by the seller's banking organization.
The products ordered will be delivered according to the following methods: By the carrier chosen by the customer.
The products will be delivered to the address indicated by the buyer when ordering. The buyer is responsible for the accuracy of their address. If the package is returned due to an incorrect or incomplete delivery address, the reshipping costs will be the responsibility of the buyer.
The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. No complaints will be accepted after this deadline. Returned products must be in their original condition (intact packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must make any complaint concerning a delivery error and/or the non-conformity of the products in nature or quality, in relation to the information appearing on the order form, on the same day of delivery or, at the latest, the first working day following it. Any complaint made after this deadline will be rejected.
The claim may be made, at the buyer's choice :
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Telephone number : 05 58 70 25 05 ;
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Email address : contact@radlineboards.com.
Any claim made outside of the above rules and deadlines cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned, and will communicate this number to the buyer by e-mail. The exchange of a product can only take place after the exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging using the parcel back application, simplifying the return process to the following address : 114 rue des Vanniers - 40150 SOORTS-HOSSEGOR
Return costs are the responsibility of the seller in this case.
Article 14 – Transfer of risks
Ownership of the products is transferred to the buyer once the parties have agreed on the item and the price. Consequently, the transfer of ownership, as well as the risks of loss and deterioration of the products, is carried out by the buyer, upon acceptance of the order form by the seller.
The seller is responsible for the delivery, which is entrusted to a carrier, according to the buyer's choice. The latter must then indicate the delivery address to the carrier.
Delivery is considered to have been made upon delivery of the products ordered by the seller to the carrier.
Under these conditions, the buyer will not be able to exercise any warranty recourse against the seller in the event of failure to deliver the products transported.
Article 15 – Product guarantee
15.1 - Legal guarantee of conformity and legal guarantee of hidden defects
SDG DISTRIBUTION residing at : 114 Avenue des Vanniers - 40150 SOORTS-HOSSEGOR guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code, or the guarantee of defects in the thing sold within the meaning of articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is specified that :
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The buyer has a period of 2 years from delivery of the goods to act ;
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The buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code ;
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The buyer is exempt from proving the existence of the lack of conformity of the goods during the 6 months following delivery.
In addition, it is recalled that :
This period has been extended to 24 months since March 18, 2016, except for second-hand goods ;
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The legal guarantee of conformity applies independently of the commercial guarantee described below ;
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The buyer can also implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.
15.2 - Commercial guarantee
The products sold are also covered by a commercial guarantee which ensures their conformity and offers reimbursement of the purchase price, replacement or repair of the goods.
This guarantee does not cover defects resulting from abnormal or faulty use, nor those caused by causes unrelated to the intrinsic qualities of the products.
The above provisions do not exclude the application of the legal guarantee of conformity of article L. 217-4 of the Consumer Code and the guarantee of defects in the item sold according to articles 1641 et seq. of the Civil Code.
The buyer is informed that the seller is not the producer of all the products presented, within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products.
Article 16 – Right of withdrawal
Before concluding the contract, the professional seller must inform the purchaser of the procedures for exercising the right of withdrawal.
This right of withdrawal is excluded for :
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Service contracts, the execution of which began, with the agreement of the buyer, before the end of the withdrawal period ;
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Contracts for goods or services whose price depends on financial market rates ;
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Contracts for goods made at the request of the buyer or clearly personalized ;
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Contracts for goods which, by their nature, cannot be returned or can deteriorate or expire quickly; video cassettes, CDs, DVDs if they have been opened by the buyer ;
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The press (newspapers, periodicals or magazines).
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
The products must be returned in their original packaging and in perfect condition within 14 days following notification to the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
The right of withdrawal must be exercised via the Coliback platform. The buyer must register his return request on Coliback, where he will be able to generate his return label and follow the return instructions.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased as well as the delivery costs are refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer via Coliback and under the conditions set out above.
Article 17 – Force majeure
Any circumstances beyond the control of the parties preventing the normal execution of their obligations are considered as causes of exemption and result in the suspension of the parties' obligations.
The party invoking a case of force majeure must immediately inform the other party of the occurrence of the event as well as its disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be avoided despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals :
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Blocking means of transport or supplies ;
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Earthquakes ;
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The fires ;
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The storms ;
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Floods ;
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Lightning ;
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The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers ;
The parties will come together to examine the impact of the event and agree on the conditions under which execution of the contract will be resumed. If the force majeure event lasts more than three months, these general conditions may be terminated by the injured party.
Article 18 – Propriété intellectuelle
The content of the website (technical documents, drawings, photographs, images, logos, texts, videos, graphics, etc.) remains the exclusive property of the seller, who is the sole owner of the intellectual property rights relating to this content, including, but not limited to, copyright, trademark rights, database rights, as well as rights to designs and models.
Buyers undertake not to make any use of the content on this site, for commercial or non-commercial purposes.
Any reproduction, total or partial, is strictly prohibited and may constitute an offense of counterfeiting.
Article 19 – Information Technology and Freedoms
The personal data provided by the buyer are necessary for the processing of their order and the preparation of invoices.
This data may be transmitted to the seller's partners involved in the execution, processing, management and payment of orders.
The processing of information collected on the radline-boards.com website has been declared to the CNIL.
The buyer has a right of access, modification, rectification, opposition, portability, limitation and deletion of information concerning him. This right can be exercised according to the terms defined on the radline-boards.com website.
Article 20 – Partial non-validation
If one or more stipulations of these general conditions are deemed invalid or declared such by virtue of a law, a regulation or a final decision of a competent court, the other stipulations will remain valid and applicable.
Article 21 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations of these general conditions cannot be interpreted as a waiver of the obligation in question for the future.
Article 22 – Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses themselves, the titles will be considered non-existent.
Article 23 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 24 – Mediation
The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example), in the event of a dispute.
Article 25 – Applicable law
These general conditions are subject to French law, excluding the provisions of the Vienna Convention. This rule applies to both substantive rules and formal rules. In the event of a dispute or complaint, the buyer must first contact the seller to try to find an amicable solution.