Terms of Use

TERMS OF USE

Our Terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Sea Sick Surf Shop S.A.R.L., a company registered in France. Our company registration number is 82932406000013 and our registered office is at 5 Avenue de Cumba, 64210 Bidart, France. Our registered TVA number is FR83829324060.

2.2 How to contact us. You can contact us via our hello@seasicksurf.com or by telephoning our customer service team.

2.3 How we may contact you. If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1.How we will accept your order.

  • 3.1.1 When you place an order for products on our website, we will send you a confirmation email confirming we have received your order. This does not mean that we have accepted your order, even if we have taken payment at this point.

  • 3.1.2 Our acceptance of your order will take place when we email you a dispatch notification, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order.

  • 3.2.1 If we are unable to accept your order, we will inform you of this by calling or emailing you and if you have chose to pay by:

    • 3.2.1.1 credit or debit cards, we will not charge you for the relevant product(s)
    • 3.2.1.2 Sea Sick Surf gift voucher, payment will have been taken when you placed your order, but we will refund you in full via your original payment method. Refund shall be processed in accordance with clause 8.5.
  • 3.2.2 Examples of why we might be unable to accept your order include situations where the product is out of stock, because of unexpected limits on our resources which we could not reasonable plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Our products may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may end the contract (see clause 7 for more information relating to your rights to end the contract).

5.2 Please note if you wish to make a change to an order which we are preparing for dispatch or which has already been dispatched to you, we will be unable to make changes to the order and you will either need to return the relevant product(s) to us using our returns procedure detailed in clause 8.2 and 8.3 or end the contract under clause 7.5.

6. Providing the products

6.1 Delivery costs. The costs of delivery will be as displayed to you on our website and will depend on the delivery option you choose. Additional charges for deliveries outside of France apply and will displayed to when you are ordering products.

6.2 When will we provide the products. During the order process you may choose from the delivery options available. The options available may depend on your location and the products you are ordering. We will send you a dispatch notification to the email address you provided to let you know when your order has been dispatched.

6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4 Collection by you. If you select a local pickup option or Click & Collect option where such option is available for your order, you will be able to collect the products from your chosen Click & Collect point. Select your desired Click & Collect point by entering your postcode as directed to do so on our website. Each individual Click & Collect point has individual opening times which will be notified to you on selection of the Click & Collect point. You will receive a text and email confirmation when the parcel is read to collect. The Click & Collect point will hold the parcel for 10 days so you can collect at a time convenient to you within the Click & Collect point’s opening hours.

6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery service will inform you on how to re-arrange delivery or collect your product from their depot.

6.6 If you do not re-arrange delivery.

  • 6.6.1 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot within 7 days of the date of the failed delivery; or if you do not collect the products from the Click & Collect service or the selected Colissimo Pick up shop service within 10 days of receipt by it of teh relevant parcel, the products may be returned to us. Once the product has been received back to our warehouse we will refund the price of the product only. In exceptional circumstances we may contact you for further instructions and may charge you for storage costs and any further delivery costs.

  • 6.6.2 If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.

6.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or, where you have selected the Click & Collect option, the product will be your responsibility from the time you collect it from your selected Click & Collect point.

6.8 When you own the product. You own a product once we have received payment in full for that product.

6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

  • 6.9.1 deal with technical problems with our website; or
  • 6.9.2 update the product to reflect changes in relevant laws and regulatory requirements;

6.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product after you end the contract.

6.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts and we may also refuse to supply you with other products that we sell. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).

7. Your rights to end the contract

7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:

  • 7.1.1 If what you have bought is faulty or described incorrectly you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
  • 7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
  • 7.1.3 If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods if you do not use one of the carrier options provided by us;
  • 7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.7.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- 7.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; - 7.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 7.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- 7.2.4 you have a legal right to end the contract because of something we have done wrong.

7.3 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in clause 7.4 below.

7.4 Our goodwill guarantee. The goodwill guarantee offered by us to all of our customers, is more generous than the legal right to change your mind that you may have under the Consumer Contracts (Information, Cancellation and Additional charges) Regulations. We have set out a summary below. Our goodwill guarantee does not affect your legal rights.

| 14 day period to change your mind. 

| 30 day period to change your mind, starting with the day you receive the relevant product 

| Consumer to pay costs of return. 

7.5 Ending the contract where we are not at fault and there is no right to change your mind:

  • 7.5.1 Even if we are not at fault and you do not have a right to change your mind (see clauses 7.3 and 7.4 above), you can still end the contract before it is completed, but you may have to pay usd compensation. The contract is completed when the product is delivered and paid for.

  • 7.5.2 If you want to end a contract before it is completed where we are not at fault and you do not wish to exercise your rights to change your mind (please see clause 7.3 above) or exercise your rights under our goodwill guarantee (please see clause 7.4 above), just contact us to let us know. PLease see clause 8 for details of how to contact us.

7.6 There are some circumstance When you don't have the legal right to change your mind or any rights to return products under our goodwill guarantee.

7.6.1 You do not have a legal right to change your mind in respect of:

  • 7.6.1.1 Any products which you have removed the tags or labels;

  • 7.6.1.2 Any products which are sealed or protected for hygiene reasons (for example swimming costumes) if you remove, damage or break the seal or protection; or

  • 7.6.1.3 Any sealed audio or video products, if the products become unsealed after delivery.

7.6.2 You do not have any rights to return products under our goodwill guarantee in respect of:

  • 7.6.2.1 Products which you have used or worn;

  • 7.6.2.2 Products for which you do not have the packaging and product tags and labels for;

  • 7.6.2.3 Any products which are sealed or protected for hygiene reasons (for example swimming costumes) if you remove, damage or break the seal or protection; or

  • 7.6.2.4 Any sealed audio or video products, if the products become unsealed after delivery

7.7 How long do I have to change my mind?

7.7.1 Legal rights: You have 14 days after the day you (or someone you nominate) receive the relevant product(s). If your order is split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery of goods relating to that order to change your mind about the products in that order.

7.7.2 Our goodwill guarantee: You have 30 days from and including the day you (or someone you nominate) receive the relevant product(s) to change your mind about that product.

8. How to return some or all of the products you have ordered or end the contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

  • 8.1.1 Online. Complete the contact form on our website.
  • 8.1.2 Phone or email. Call customer services on +33 986 779 670 or email us at hello@seasicksurf.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2 Returning products - process for returns where you wish to return a product from within France.

8.2.1 If you wish to return products including if you are exercising your rights under our goodwill guarantee or your legal right to change your mind or you end the contract for any reason after products have been dispatched to you or you have received them, you must return the relevant products to us following receipt.

8.2.2 You must send the product(s) off to us no later than 14 days fter the date you informed us that you wish to return them or end the contract (as appropriate) or, if later, no later than 14 days of receipt by you of the relevant product(s). Responsibility for the cost of returning products is set out in clause 8.4

 

8.2.3 Return note. Please include your details within the returns packaging. If you do not, it may cause a delay to us processing your refund. You can print off your order confirmation or dispatch email or simply include on a note the details stated on your order confirmation or dispatch email and send it to us in your returns packaging.

8.2.4 Questions. If you have any questions or your product cannot be returned by postal services because it is too large, please call customer services on +33 986 779 6705 or email us at hello@seasicksurf.com.

8.3 Returning products - process for returns where you wish to return products from outside France:

  • 8.3.1 If you wish to return products (including if you are exercising your rights under our goodwill guarantee) or you end the contract for any reason after products have been dispatched to you or you have received them, you must return the products to us following receipt.

  • 8.3.2 You must send the product(s) off to us no later than 14 days after the date you informed us that you wish to return them or end the contract (as appropriate) or, if later, no later than 14 days of receipt by you of the relevant product(s). Responsibility for the cost ofreturning products is set out in clause 8.4.

  • 8.3.3 Our returns address is different from our commercial address and depends on which country you are resident in. Please use the correct returns address listed below to return any products. Please note it may delay us processing your refund if you do not return products to the correct address and you may incur additional charges for products returned to the wrong address. Returns should be addressed to:

Returns from The Netherlands:
Sea Sick Surf Shop Amsterdam

Eerste Egelantiersdwarsstraat 2

1015RW Amsterdam, The Netherlands

 

  • 8.3.4 Return note. Please include your details within the returns packaging. If you do not, it may cause a delay to us refunding you. You can print off your order confirmation or dispatch email or simply include the details on either the order confirmation or dispatch email on a note and send it to us in your returns packaging.

  • 8.3.5 Questions. If you have any questions, please call customer services on +33 986 779 670 or email us at hello@seasicksurf.com.

8.4 When we will pay the costs of return. We will pay the costs of return:

  • 8.4.1 if the products are faulty or described incorrectly; regardless of whether you purchased the relevant product(s) in the United Kingdom or outside of the United Kingdom and regardless of whether you wish to return products from inside or outside of the United Kingdom

  • 8.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

Important: In all other circumstances you must pay the costs of return - for example if you exercise your legal right to change your mind and you return products from outside France or The Netherlands or you wish to exercise your rights under our goodwill guarantee and you return products from outside of France or The Netherlands).

8.5 How we will refund you.

  • 8.5.1 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price to be refunded, as described below.

  • 8.5.2 Where you paid for the products using a Sea Sick Surf gift voucher, we will email you a credit note and the corresponding amount will appear in your account with us which can be used the next time you shop with us.

8.6 Deductions from refunds if you are exercising your legal right to change your mind or you are returning products under our goodwill guarantee:

  • 8.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. We will contact you to arrange any such payment.

8.7 When your refund will be made.

  • 8.7.1 We will make any refunds due to you as soon as possible.
  • 8.7.2 If you are exercising your legal right to change your mind or are returning products under our goodwill guarantee and we have not offered to collect the relevant products from you, your refund will be made within 14 days from the day on which we receive the relevant products back from you or, if earlier, the day on which you provide us with evidence that you have sent the relevant products back to us. For information about how to return products to us, see clauses 8.2 and 8.3.

9. Our rights to end the contract

9.1 We may end the contract if you break it. WeFor example, we may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

10. If there is a problem with the product

10.1 How to tell us about problems:

  • 10.1.1 If you have any questions or complaints about the product, please contact us.

  • 10.1.2 You can telephone our customer service team on +33 986 779 670 from France or +31 6 47 980 508 from The Netherlands or elsewhere or write to us at hello@seasicksurf.com.

10.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract.

10.3 Your obligation to return rejected products:

  • 10.3.1 If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you.

  • 10.3.2 If you made your purchase in France please see clause 8.2 for details of how to return products to us or if you made your purchase from The Netherlands please see clause 8.3 for details of how to return products to us.

  • 10.3.3 You are required to return the products to us within the timescales set out in clause 8.2 or 8.3 (as appropriate).

11. Price and payment

11.1 Where to find the price for the product:

  • 11.1.1 The price of the relevant product(s) will be the price indicated on the order pages when you placed your order. Prices stated include any applicable sales taxes, but do not include customs and import charges – please see clause 11.4 below for further details

  • 11.1.2 We take all reasonable care to ensure that the price of the relevant product(s) advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the product(s) you order.

  • 11.1.3 The price of our products is displayed in Euro by default. You may select the other currency options available on our website by clicking on the currency icon. You will be charged in the currency you select during the order process.

11.2 What happens if we inform you of the wrong price:

  • 11.2.1 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.

  • 11.2.2 We will normally check prices before accepting your order so that if the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

  • 11.2.3 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

11.3 When you must pay and how you must pay:

  • 11.3.1 We accept payment by Visa, Mastercard and American Express, Carte Bancaire, Ideal.

  • 11.3.2 All payments must be made via our website. We do not accept payment over the phone.

  • 11.3.3 When you are buying products, you must pay for the products before we dispatch them.

  • 11.3.4 We will not charge your credit or debit card until we dispatch the products to you.

11.4 Additional customs and import charges:

  • 11.4.1 If you are purchasing products for delivery outside of France or The Netherlands, your delivery may be subject to additional taxes, duties, levies, rates, fees or other charges that you will be required to pay.

  • 11.4.2 We recommend that you check with your local tax or customs authority before placing an order to find out if additional charges will apply. These charges are your responsibility – they are not included in the prices displayed on our website.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us:

  • 12.1.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable.

  • 12.1.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so:

  • 12.2.1 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under Hamon law of March 17, 2014.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

13.1 How we will use your personal information. In summary, we will use the personal information you provide to us: - 13.1.1 to supply the products to you;
- 13.1.2 to process your payment for the products; and
- 13.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

13.2 We may share your data with our group members who may use it for marketing and / or promotional principles if you have agreed to this during the order process or your registration process/

13.3 For full details of how we will use your data, please see our privacy policy

14. Other important terms

14.1 Your account with us:

  • 14.1.1 When you create your password for your Sea Sick Surf account (which enables you to access certain parts of our site) you are responsible for keeping this password confidential.

  • 14.1.2 We ask you not to share your password with anyone as they will be able to access your personal information and order history if you do.

14.2 We may transfer this Agreement to someone else:

  • 14.2.1 We may transfer our rights and obligations under these terms to another organisation.

  • 14.2.2 We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.3 You need our consent to transfer your rights to someone else (except that you can always transfer our goodwill guarantee):

  • 14.3.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  • 14.3.2 However, you may transfer our goodwill guarantee at clause 7.4 to a person who has acquired the relevant product.

  • 14.3.3 We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item by producing a letter or chain of letters from you and any subsequent purchasers transferring the benefit of the guarantee to the new owner.

  • 14.3.4 We will be happy to supply a suggested specimen letter.

14.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to):

  • 14.4.1 This contract is between you and us.

  • 14.4.2 No other person shall have any rights to enforce any of its terms, except as explained in clause 13.214.3 in respect of our guarantee.

  • 14.4.3 Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not make payment and we do not chase you but we provide the product(s), we can still require you to make the payment at a later date.

14.7 Alternative Dispute Resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

14.8 Which laws apply to this contract and where you may bring legal proceedings:

  • 14.8.1 These terms are governed by French law and you can bring legal proceedings in respect of the products in the French courts.

  • 14.8.2 If you live in The Netherlands you can bring legal proceedings in respect of the products in either the Dutch or the French courts.

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