These general conditions of sale are concluded between:
- on the one hand, we, the company GREEN WAVE SAS, based at 06 rue du Lazaret 64600 Anglet - France Registered with the RCS of Bayonne under number B 513 814 244 with intra-community VAT number FR30513814244 whose share capital is of € 314 and,
- on the other hand, you, any adult individual having made a purchase on the NOTOX website (www.notoxsurf.com), owned by GREEN WAVE SAS
These conditions govern the sale of any product presented on the site www.notoxsurf.com by the company GREEN WAVE SAS. Their purpose is to determine the obligations of each of the parties as well as the various stages of the ordering process.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition. The items offered for sale cannot be subject to any transfer of any kind.
Any order placed on the site www.notoxsurf.com entails the total consent to these general conditions of sale of both parties.
Last updated: 04 / 08 / 2021
- The prices and the delivery and / or shipping costs indicated on the website are inclusive of all taxes and are expressed in euros. Any change in the VAT rate by the competent authorities may alter the price of the products from the date of entry into force of the new rate.
- The delivery and / or postage costs added to your order are specified before the contract is concluded and are confirmed in the order confirmation.
- If an offer or a price has a validity limited in time or if an offer is stated under conditions, this is formally mentioned on the website.
- We do our best to ensure that all prices and information listed on our website are correct. However, we do not exclude that errors can occur beyond our control. In the event that we detect such an error, we will notify you and give you the opportunity to order at the exact price. In the event that the exact price does not suit you or if we are unable to contact you within an acceptable timeframe, this contract will be terminated altogether.
- The images produced by the 3D generator belonging to the AWACS company are not contractual. They are intended to give you an overview of the product but can in no way be held against the company NOTOX.
3 Validity of the contract
The contract is validated when you click on the Order and pay button at the end of the ordering process.
If you wish to order on the website www.surfnotox.com, you will need to do the following:
- You select the product you want to order
- If it is a board, you configure it according to the different options available (varies according to the models) then you add it to the basket
- You then verify that the. selected products, keeping the possibility of removing any product from the basket, and validate the contents of the basket if it conforms to your desired order
- You enter your personal information such as your First Name (optional) and Last Name, your email address, a phone number, and your address.
- Then you select your delivery option. You have the choice between having it delivered directly to your home or picking up your item directly at our workshop.
- You proceed to secure payment and check all the information entered before validating your payment.
- Once payment has been accepted, you will receive an order confirmation email with a summary of the order.
You have the possibility to pay directly by credit card on the website www.notoxsurf.com, with a Mastercard or Visa card. You also have the option of making payment via your Paypal account.
With our payment provider Alma, you also have the freedom to make a split payment if you have a bank card issued in France and a French telephone line. The split payment is either possible in 2 times, 3 times or 4 times. No additional costs related to this split payment service are to be borne by the customer.
No banking information concerning you passes through the site www.notoxsurf.com because the payment is made on a secure server. Your order is therefore validated as soon as payment is accepted. However, NOTOX reserves the right to refuse an order if there is an ongoing dispute or an order with an abnormally high level.
If the bank or the payment provider refuses to debit your card or other means of payment, you must contact our customer service in order to settle the order by any other accepted means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, your monetary transmission would prove to be impossible, the order would be canceled and the sale automatically terminated if no amicable solution was found.
6 Cancellation of the order
As long as we have not sent you the dispatch confirmation, you can cancel your order. To this end, you must contact us via the contact form, or by e-mail at firstname.lastname@example.org indicating the reference of your order and formally explaining that you wish to cancel your order.
Once you've contacted us, we'll email you the cancellation of your order, and we'll issue a full refund within 14 days of your order.
7 Right of withdrawal
In accordance with the legal provisions of the Consumer Code, you can make use of your right of withdrawal.
In other words, you have a period of 14 days from receipt of the product to terminate this contract, without having to justify the reasons or to pay additional costs, with the exception of return costs.
You must return the product for which you wished to exercise this right to us in the original packaging (as far as possible) as well as in its original condition.
During this time, you must have handled the product and its packaging with care. Handling of the product and its packaging should be done as strictly necessary to determine if you wish to retain ownership. If the returned product is damaged, you may be held responsible for damage caused to the product in the event that this is the direct consequence of the handling of the product on your part.
As a result of the legal provisions in force, the right of withdrawal does not apply to all products which have been manufactured at your request or which have required significant customization to meet your technical and / or aesthetic requirements.
To exercise your right of withdrawal, you must contact us via the contact form on the site www.notoxsurf.com or directly by e-mail at email@example.com by providing us with the order reference. We will then send you a cancellation confirmation email.
If you exercise your right of withdrawal, we will refund you the full amount of the products concerned within 14 days of your confirmation of cancellation.
The products are delivered by hand to our workshop or are delivered to the delivery address you provided us with during the ordering process. The delivery point entered during the ordering process must be easily accessible for transport.
If it is a delivery of a surfboard, it is operated by our carrier Gèze. In addition, they will contact you, to determine an appointment with you to ensure your availability and your presence during the delivery of the package.
In the case of any other product, delivery will be made by the Colissimo courier service.
Delivery is available in the following countries: Metropolitan France, Germany, Spain, Italy, Portugal, Luxembourg, Ireland, Belgium, Netherlands, Austria, Denmark, United Kingdom, Switzerland.
8.1 Cost and other charges
Delivery costs fluctuate depending on the nature of the product and the country where the product is to be delivered. The cost of any delivery charges applied is announced to the customer prior to placing the order.
For deliveries to the United Kingdom and Switzerland, customs duties, other local taxes, import duties or State taxes may be requested upon entry into the country of the goods. These rights are not attributable to the responsibility of NOTOX; you are solely responsible for it, whether it concerns the declarations or payments required from the competent authorities of the country in question.
The deadlines vary according to the nature of the product sold.
8.2.1 For a surfboard produced on demand
Even if we indicate on our product pages an indicative average delivery time of 40 working days, they can be given to you no later than 180 days after having confirmed the order. Indeed, being dependent on the availability of raw materials, and other types of contingencies such as a one-off and unusual increase in orders, we are forced to indicate this contractual period of 180 days, even if in fact, we are approaching 40 working days (8 weeks). This period includes the supply of raw material as well as the manufacture of the surfboard.
8.2.2 For any other product
Within the limits of available stocks, your products are shipped within 5 working days following the validation of your order. In cases where the product is out of stock and we have the capacity, we reserve the right to offer you a product of quality and price equivalent to the initial product. You also have the freedom to refuse the proposal and demand a full refund of your order.
If the order contains a delivery, it takes between 3 and 5 additional working days for delivery in mainland France, and between 5 and 7 working days for delivery in one of the other countries listed above. These deadlines are indicative and cannot be used as a reason for order cancellation, price reduction or payment for damages. NOTOX fully reserves the right to make a gesture of goodwill in the event of late delivery from our carrier.We recommend that you carefully examine the condition of your product, and particularly if it is a surfboard, when the package is delivered to you by the carrier. If you detect any deterioration of the product during the verification, please report it to the carrier and refuse the package. Then, please contact us by e-mail (firstname.lastname@example.org) and / or telephone indicating the reference of the order as well as the nature of the degradation of the product. If you have the possibility to attach a photo of the degradation in question, do not hesitate to share it with us. Without checking the package when it is delivered by the carrier, no claim can be made by the customer to NOTOX.
9 Guarantees and after-sales service
In addition to the commercial guarantees that may be offered within the framework of our activity, you benefit from the legal guarantees in force applicable to all our products.
9.1 Guarantee of conformity
In accordance with articles L217-4 to L217-14) of the Consumer Code, you have the legal guarantee of conformity which protects you against all manufacturing defects during the sale or delivery of the product for 2 years. Please note, this is not a commercial guarantee.
The defects concerned by the guarantee of conformity are: product unsuitable for the use usually expected of an equivalent product; product which clearly does not correspond to our given description; product whose advertised qualities are absent; product with a manufacturing defect.
However, the legal guarantee of conformity does not apply if we had informed you of the defect during the sale, or if you could not ignore the defect during the sale, or if the defect is the result of materials that you have added to the product.
In the event of a lack of conformity, you have the option of requesting product repair or replacement. However, if the cost of your choice is undoubtedly excessive with regard to the other practicable option, we reserve the right to choose the least expensive option, or to refund the product in question, without following your previously chosen option. The customer is exempt during the 2 years following the delivery of the product with the exception of second-hand goods for which the period is six months, to report the proof of the presence of a defect of conformity of the product. Under the conditions where the repair of the product or its replacement would be impossible, we undertake to reimburse you for the price of the product which has been the subject of the application of the conformity guarantee within 30 days of receipt of the returned product.
9.2 Legal warranty against hidden defects
The legal warranty against hidden defects covers you for hidden defects, in other words not apparent during the purchase, which render the product unusable or significantly impact its use and which existed when the product was purchased.
You have the possibility to choose between: handing over the product to us and demanding reimbursement of the price paid as well as the other costs incurred by the sale or requesting a reduction in the price by keeping the product
In accordance with paragraph 1 of article 1648 of the Civil Code, you have a period of 2 years from the discovery of the defect to bring the action relating to the warranty. To do this, you must send us by registered letter with acknowledgment of receipt your request to 06 rue du Lazaret, 64600 Anglet - France, accompanied by supporting documents such as the delivery slip and the sales receipt. You can also return the product directly to us at the previously mentioned address, against delivery of a deposit ticket if you wish a full refund of the price of the product.
As a result of the legal provisions in force, we remind you that it is up to you to demonstrate the existence of the hidden defect.
These guarantees do not cover deterioration resulting from misuse of the product, depreciation of the product due to its use or non-compliance with maintenance instructions. The purchase invoice of the product will be required to use the product warranty.
By using our website, you agree that communication with our teams takes place mainly by electronic means and that we can contact you by e-mail with regard to the execution of this contract or due to the communication of other essential information .
Sometimes the e-mails we send to you may be filtered by anti-spam programs. So make sure that our e-mails related to the contract can be received and easily read.
All messages that you send to us should preferably reach us by e-mail. A message is considered received or correctly sent 24 hours after sending an e-May; and 3 days after the date of sending a letter. The cost of sending a letter refers to the prices of the postal service selected by you.
11 Changes to current conditions
These general conditions of sale apply to all purchases made online on the site www.notoxsurf.com, as long as the site is accessible online.
The terms and conditions are always concisely dated and we reserve the right to modify and update them at any time. The version of the general conditions of sale published during the purchase is that which is applicable and in force at the time of the order.
There is no retroactivity on changes made to the general conditions for products already invoiced.
For any complaint concerning one of our products that we have sold to you or about our services, you can send it to us by e-mail at this address: email@example.com. You will receive a response from us within 30 days of receiving your complaint. However, if a complaint causes a longer processing time, we will send you an acknowledgment of receipt of your complaint within 14 days, indicating an approximate processing time to obtain a more precise answer.
We do our best to resolve your complaint as best as possible, in the most amicable agreement with you.
13 Applicable laws
These general conditions of sale are conducted and subject to French law, and have moreover been drafted in the French language.
In the event that they are translated into another language, the veracity of the comments made in these present conditions are exclusively attested by the French language version in the event of a dispute.