Terms and Conditions of Sale
Preamble
These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with sales made on the online store at www.softboardcenter.com. Softboard Center reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of modification, the General Terms and Conditions of Sale in force on the day the order is placed will apply to each order. Any order for a Product offered on the website implies the Buyer's acceptance of these General Terms and Conditions of Sale.1- IDENTIFICATION OF THE SELLER AND THE CUSTOMER
The parties are defined as follows:The seller Softboard Center or www.softboardcenter.com is identified as the company Napco Global SARL, a company with share capital of €220,000, whose registered office is located at 876 avenue des Rémouleurs, 40150, Soorts-Hossegor, France, registered with the Bayonne Trade and Companies Register under number 501 752 893, with intra-community VAT number FR 81 501 752 893, and represented by Mr Frédéric Bouchet.
The Customer or Buyer on www.softboardcenter.com must be of legal age and a private individual whose purchases are not made for commercial purposes.
2- CUSTOMER IDENTIFICATION ON THE WEBSITE
A customer who has already made a purchase on www.softboardcenter.com can choose a password allowing them, when placing future orders, to avoid filling in again the forms required prior to placing an order.An already registered customer is recognised on the website as being a customer of www.softboardcenter.com. The password held by the customer of www.softboardcenter.com is strictly confidential and personal. Under no circumstances should it be disclosed or communicated to anyone.
Should the customer of www.softboardcenter.com lose or forget their password, they may, from the www.softboardcenter.com website, click on "forgotten password". Softboard Center will then send a new temporary password to the customer's contact email address, which the customer will need to change on their next login.
To facilitate customer identification through the simultaneous provision of email address and password, the Customer expressly authorises www.softboardcenter.com to place on the customer's hard drive a file called a "cookie" whose sole purpose is to facilitate said identification.
3- PRODUCTS
The items presented on www.softboardcenter.com are offered while stocks last. The descriptions and photos illustrating them are presented with the greatest possible accuracy; however, should errors or omissions occur, www.softboardcenter.com may not be held liable. The photographs illustrating products in support of the text do not fall within the contractual scope.4- VALIDITY OF THE OFFER
Any order placed on www.softboardcenter.com constitutes acceptance by the customer of the prices of the products and services offered for sale as well as of these General Terms and Conditions of Sale.Sale prices are shown inclusive of all taxes, in Euros, Pounds Sterling, Dollars or Australian Dollars, excluding delivery charges where applicable. The VAT of the country of delivery of the order is the one that applies to the order amount.
The prices of the products presented on www.softboardcenter.com may be modified. Softboard Center reserves the right to change prices without notice. The prices displayed at the time of purchase are the prices applicable to that purchase.
5- ORDERS AND DATA CONTROL
Any order confirmed on www.softboardcenter.com before 11:00 a.m. (GMT+1) from Monday to Friday will be prepared and shipped the same day. After this time, it will be shipped on the following business day. This service deadline is not guaranteed during public holidays and certain periods (high activity, stock-taking, etc.).Softboard Center carries out checks on orders placed on www.softboardcenter.com. These checks, based on various criteria, may lead our Customer Service to contact you to request additional supporting documents.
Any suspected fraud will be investigated and, if necessary, prosecuted. By submitting your order, you accept these terms. Softboard Center reserves the right to refuse an order for any reason whatsoever. Softboard Center also reserves the right to cancel any purchase (order already accepted) without being held liable for any damage or costs incurred, for the following reasons:
- the product is no longer available
- your order is identified by our security systems as unusual or potentially fraudulent
- we have reason to believe that you are a minor
- we have reason to believe that you are a reseller
- we were unable to deliver to the address you provided
6- PAYMENT
6.1/ PAYMENT SECURITYPayment security on www.softboardcenter.com is taken very seriously. Banking transactions are secured by the PayZen payment system (www.payzen.eu). All information exchanged to process the payment is encrypted using the SSL protocol. This data cannot be detected, intercepted or used by third parties. It is also not stored on our computer systems.
In addition, purchases made on www.softboardcenter.com comply with the 3D-Secure standard. 3D-Secure is a protocol developed by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to strengthen the security of online payments. This protocol relies on the implementation of an additional check during an online purchase: in addition to the banking details, the buyer is invited to enter a personal piece of data allowing their bank to identify them and validate the operation.
Please note: PayZen is a technical service provider and does not handle disputes related to orders. These must be resolved directly with www.softboardcenter.com and/or your bank.
6.2/ PAYMENT METHODS
The accepted payment methods on www.softboardcenter.com are Visa, Carte Bleue, MasterCard and PayPal.
7- DELIVERY
7.1/ DELIVERY COUNTRIESAny order confirmed on www.softboardcenter.com before 11:00 a.m. (GMT+1) from Monday to Friday will be prepared and shipped the same day. After this time, it will be shipped on the following business day. This service deadline is not guaranteed during public holidays and certain periods (high activity, stock-taking, etc.).
In addition to this preparation time, delivery times detailed in the Shipping rates and times section apply. www.softboardcenter.com offers delivery to mainland France, European countries and the United Kingdom.
7.2/ DELIVERY ISSUES
The customer must notify the carrier and Softboard Center, via the contact form in the 'Questions' section of the site, of all reservations regarding the product received (e.g.: damaged package, already opened, etc.) within 3 days following receipt of the product.
The customer may then benefit from the refund conditions provided for this purpose.
7.3/ SHIPPING RATES AND DELIVERY TIMES
Mainland France, Corsica & Monaco:
- Express delivery with DHL or Geodis
- 2 to 3 business days
- Rates in the shipping section
8- RETURNS
For complaints regarding ordered products (damaged products, non-conforming products) and in the context of exercising the right of withdrawal, the Customer may return the products to NAPCO GLOBAL within 14 business days from the receipt of said products by following the procedure below:
• The customer must contact customer service via the form in the "contact " section on the website• Return number: Softboard Center's customer service will provide the Customer with a return number, which must be indicated with the returned products.
• Condition of returned products: the customer must return the products carefully packaged in a secure parcel, and they must be in their original condition, ready for sale (unwashed, unworn, undamaged)
• Return address: products returned by the Customer must be sent to:
NAPCO GLOBAL
Retours Ecommerce
876 Avenue des Rémouleurs
40150 Soorts-Hossegor
• Return costs: return costs are at the Customer's expense
• Liability for returns: the return of products is the Customer's responsibility. Softboard Center therefore recommends that the Customer send the parcel by registered mail in order to be able to track it.
• Verification of returns: upon receipt of the parcel, Softboard Center will inspect the products in order to validate or reject the return. If the return is not compliant, the products will be sent back to the Customer. If the return is validated, an email will be sent to the Customer to inform them that their return has been processed.
• Refunds:
-For returns of defective or non-conforming products: if the return is validated, Softboard Center will refund the amount of the products as well as the delivery charges to the Customer's account used when paying for the order.
-For returns of products in the context of withdrawal, Softboard Center will only refund the amount of the products. The refund will be made as quickly as possible and in any case within 14 days from the receipt of the return.
Failure to comply with this procedure and these deadlines, and without prejudice to the applicable legal guarantees, will result in invalid claims, and the products supplied by Softboard Center will be considered free from any defect.
9- EXCHANGES
Exchanges are not offered on www.softboardcenter.com; once your item has been returned, we invite you to place a new order online.10- INTELLECTUAL PROPERTY
All elements of the www.softboardcenter.com website, whether visual or audio, including the underlying technology, are protected under copyright law, trademark or patent law and image rights. They are the exclusive property of www.softboardcenter.com. Any hyperlink pointing to the www.softboardcenter.com website and using in particular the technique of framing, deep-linking, in-line linking or any other deep-linking technique is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from www.softboardcenter.com. More generally, any total or partial reproduction of the www.softboardcenter.com website is strictly prohibited. To use elements or information contained on this site, you must obtain the prior agreement of Softboard Center.11- CUSTOMER SERVICE
Softboard Center's Customer Service is available:- by email: contact@softboardcenter.com
- by phone: +33 5 59 01 14 14 (non-premium call)
12- WARRANTY
All our products benefit from the legal warranty regime, provided that they have been used normally and that the care instructions have been followed.Article L211-4 of the French Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when the latter is its responsibility under the contract or has been carried out under its responsibility.
Article L211-5 of the French Consumer Code
To be in conformity with the contract, the goods must:
- 1º Be fit for the purpose usually expected of similar goods and, where applicable:
- match the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model;
- present the qualities which a buyer may legitimately expect having regard to public statements made by the seller, the producer or its representative, in particular in advertising or labelling; - 2º Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the knowledge of the seller, and which the latter has accepted.
Any action arising from a lack of conformity is time-barred two years after delivery of the goods.
Article 1641 of the French Civil Code
The seller is bound by a warranty against hidden defects of the goods sold which render them unfit for the use for which they are intended, or which so impair this use that the buyer would not have acquired them, or would only have given a lesser price for them, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Any action arising from latent defects must be brought by the purchaser within two years of discovery of the defect.
13- DATA PROTECTION
13.1/ PERSONAL INFORMATIONPersonal data is processed by Softboard Center for the purposes of customer relationship management and prospecting. To allow you to receive offers from our partners, we may communicate this information to them. In accordance with the French Data Protection Act of 6 January 1978, updated by the Act of 6 August 2004, the Customer has a right of access, rectification and opposition concerning data relating to them. The www.softboardcenter.com website is registered with the CNIL under number: 1815206.
13.2/ COOKIES
The Site uses cookies. A cookie is a computer file stored on the hard drive of the Customer's computer. Its purpose is to indicate a previous visit by the Customer to the Site. Cookies are only used by www.softboardcenter.com for the purpose of personalising the service offered to the Customer. The Customer retains the option to refuse cookies by configuring their Internet browser. They then lose the ability to personalise the service delivered to them by Softboard Center via the Site.
13.3/ WEB BEACONS
Some web pages of the Site may contain web beacons that allow the number of visitors to the Site to be counted and/or provide Softboard Center with a number of indicators. These Web Beacons may be used with some of our partners, in particular to measure and improve the effectiveness of the Site. In any case, the information obtained via these Beacons is strictly anonymous and simply allows statistics to be compiled on the visits to certain pages of the Site, in order to better serve the Customers of our Site.
14- MISCELLANEOUS PROVISIONS
14.1/ FORCE MAJEURESoftboard Center shall not be held liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure, in particular in the event of total or partial disruption or strike affecting in particular postal services and means of transport and/or communication, flooding or fire.
The Parties agree to consult each other as soon as possible in order to determine how the order will be processed during the period of force majeure.
Beyond a one-month interruption due to force majeure, the Parties shall be released from their obligations to one another.
14.2/ ENTIRE AGREEMENT
These General Terms and Conditions of Sale and the order summary sent to the customer form a contractual whole summarising all the agreements between the parties.
14.3/ STORAGE AND ARCHIVING OF TRANSACTIONS
Invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy.
14.4/ APPLICABLE LAW — COMPETENT JURISDICTIONS
These General Terms and Conditions of Sale and the contractual relationships between Softboard Center and the customer are governed by French law. In the event of a dispute, exclusive jurisdiction is granted to the competent French courts. Softboard Center undertakes, however, to seek an amicable solution before any legal action.
