Terms of sale
Preamble
These Terms and Conditions of Sale define the rights and obligations of the parties in connection with sales made on the online retail site www.softboardcenter.com. Softboard Center reserves the right to adapt or amend these terms and conditions of sale at any time. In the event of an amendment, the terms and conditions of sale in force on the day the order is placed shall apply to each order. Any order for a Product offered on the site implies the Buyer's acceptance of these 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 a 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, whose intra-Community VAT number is 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 customer whose purchases are not made for commercial purposes.
2- IDENTIFICATION OF THE CUSTOMER ON THE SITE
A customer who has already made a purchase on the site www.softboardcenter.com may choose a password allowing them, for subsequent orders, not to have to fill in again the forms required before placing an order.A customer who is already registered is recognised on the site as a customer of www.softboardcenter.com. The password held by the customer of www.softboardcenter.com is strictly confidential and personal. Under no circumstances may it be disclosed or communicated to anyone.
Should the customer of www.softboardcenter.com lose or forget their password, they may, from the site www.softboardcenter.com, click on "forgotten password". Softboard Center will then send a new temporary password to their contact email address, which they must change at their next login.
In order to facilitate identification of the customer through the simultaneous provision of the email address and the password, the Customer expressly authorises www.softboardcenter.com to place on the customer's hard drive a file known as a "cookie" whose sole purpose is to facilitate that identification.
3- PRODUCTS
The items presented on www.softboardcenter.com are offered while stocks last. The descriptions and photographs illustrating them are presented with the greatest possible accuracy; nevertheless, should errors or omissions occur, www.softboardcenter.com cannot be held liable. The photographs illustrating the products alongside the text do not form part of the contract.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 Terms and Conditions of Sale.Sale prices are shown inclusive of all taxes, in Euros, Pounds Sterling, Dollars or Australian Dollars, excluding order delivery costs where applicable. The VAT of the delivery country applies to the order amount.
The prices of the products shown on www.softboardcenter.com are liable to change. 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- ORDER AND DATA CHECKS
Any order confirmed on www.softboardcenter.com before 11:00 (GMT+1h) from Monday to Friday will be prepared and dispatched the same day. After that time, it will be dispatched on the following working day. This service time is not guaranteed during public holidays and certain periods (high activity, stocktaking, etc.).Softboard Center carries out checks on the orders placed on www.softboardcenter.com. These checks, based on various criteria, may lead our Customer Service to contact you to ask for additional supporting documents.
Any suspected fraud will be investigated and, if necessary, prosecuted. By submitting your order, you accept these conditions. 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 the damage or costs incurred, for the following reasons:
- the product is no longer available
- your order is flagged 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
Accepted means of payment
You can pay for your order by bank card, Visa, Mastercard, American Express, PayPal, Apple Pay, Shop Pay, Klarna, Bancontact, EPS and MobilePay.
The list of the means actually available is the one displayed at the time of payment, depending on your delivery country and the contents of your cart.
Secure payment, without leaving the site
The card transactions carried out on www.softboardcenter.com are processed by Shopify Payments, our payment service provider. Payment is made directly on the site: you are not redirected to any external platform.
All the information exchanged to process the payment is encrypted. Bank card numbers are neither detectable, nor interceptable, nor usable by third parties, and are not kept on SOFTBOARD CENTER's systems: at no time do we have access to them.
Our provider is certified PCI DSS level 1, the highest level of the payment card industry security standard.
Strong authentication (3-D Secure)
Card payments are subject to strong customer authentication, in accordance with the European regulation on payment services: in addition to your bank details, your bank invites you to confirm the transaction, most often from its mobile app or by a code received by SMS.
If there is a problem
The payment provider is a technical intermediary: it does not handle disputes relating to orders. These are settled directly with SOFTBOARD CENTER and/or the Customer's bank.
For any question about a payment, please contact our customer service
7- DELIVERY
7.1/ DELIVERY COUNTRIESAny order confirmed on www.softboardcenter.com before 11:00 (GMT+1h) from Monday to Friday will be prepared and dispatched the same day. After that time, it will be dispatched on the following working day. This service time is not guaranteed during public holidays and certain periods (high activity, stocktaking, etc.).
To this preparation time must be added the carrier's transit times. Softboard Center delivers to 31 countries and territories. The list of destinations actually served, as well as the applicable shipping costs, are those displayed when the order is placed, before any payment: they are calculated according to the weight of the parcel and the delivery address. Details are given on the Delivery page.
7.2/ DELIVERY PROBLEMS
The customer must notify the carrier and Softboard Center, via the contact form in the 'Questions' section of the site, of any reservations about the product received (e.g. damaged parcel, already opened, etc.) within 3 days of receiving the product.
The customer may then benefit from the refund conditions provided for that purpose.
7.3/ DELIVERY RATES AND TIMES
Mainland France & Corsica:
- Delivery with Geodis or DPD
- 2 to 3 working days
- Rates in the delivery section
8- RETURNS
For claims regarding the products ordered (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 calendar days of receiving those products, following the procedure below:
• The customer must contact customer service using the form in the « contact » section of the site• Return number: Softboard Center's customer service will provide the Customer with a return number, which must be enclosed with the returned products.
• Condition of the returned products: the customer must return the products carefully packed 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
Ecommerce Returns
876 Avenue des Rémouleurs
40150 Soorts-Hossegor
• Return costs: return costs are borne by the Customer
• Responsibility for returns: returning the products is the Customer's responsibility. Softboard Center therefore recommends that the Customer send the parcel by registered post so that it can be tracked.
• Checking of returns: as soon as the parcel is received, Softboard Center will inspect the products in order to approve the return or not. If the return does not comply, the products will be sent back to the Customer. If the return is approved, 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 approved, Softboard Center will refund the price of the products together with the delivery costs to the Customer's account used to pay for the order.
-For returns of products in the context of withdrawal, Softboard Center refunds all sums paid, including standard delivery costs; only the return costs remain payable by the Customer. Where the Customer has chosen a delivery method more expensive than the standard method offered, the refund of delivery costs is limited to the price of the standard method. The refund is made no later than fourteen (14) calendar days from recovery of the goods or from the Customer providing proof of their dispatch, whichever occurs first, and by the same means of payment as that used for the order. The full arrangements are set out in article 8 bis.
Failure to comply with this procedure and these time limits, and without prejudice to the applicable legal guarantees, will render claims invalid, and the products supplied by Softboard Center will be deemed free from any defect.
8 bis- RIGHT OF WITHDRAWAL
In accordance with articles L221-18 et seq. of the French Consumer Code, the consumer Customer has fourteen (14) calendar days from receipt of the goods to exercise their right of withdrawal, without having to give any reason or bear any costs other than the return costs. Where an order covers several goods delivered separately, the period runs from receipt of the last item.
To exercise this right, the Customer notifies their decision by an unambiguous statement, sent to customer service at the contact details given in article 11, or by means of the model form reproduced below. It is sufficient for the notification to be sent before the period expires.
Softboard Center refunds all sums paid, including standard delivery costs, no later than fourteen (14) days after recovery of the goods or after proof of their dispatch has been provided, whichever occurs first. The refund is made by the same means of payment as that used for the order.
Model withdrawal form — to be completed and returned only if the Customer wishes to withdraw:
For the attention of Napco Global SARL, 876 avenue des Rémouleurs, 40150 Soorts-Hossegor, France — www.softboardcenter.com
I hereby give notice of my withdrawal from the contract for the sale of the goods below:
Ordered on …………… / received on ……………
Order number: ……………
Name of consumer(s): ……………
Address of consumer(s): ……………
Signature of consumer(s) (only where this form is notified on paper): ……………
Date: ……………
9- EXCHANGES
Exchanges are not offered on www.softboardcenter.com; once your item has been returned, we refund you and invite you to place a new order online.10- INTELLECTUAL PROPERTY
All the elements of the site www.softboardcenter.com, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent law and by image rights. They are the exclusive property of www.softboardcenter.com; any hypertext link pointing to the site of www.softboardcenter.com and using in particular the technique of framing, deep-linking, in-line linking or any other deep link technique is in any event strictly prohibited. In all cases, any link, even tacitly authorised, must be removed on simple request by www.softboardcenter.com. Generally speaking, any total or partial reproduction of the site www.softboardcenter.com is strictly prohibited. In order to use any elements or information contained on this site, you must obtain the prior agreement of Softboard Center.11- CUSTOMER SERVICE
Softboard Center Customer Service is available:- by e-mail: contact@napcoglobal.com
- by telephone: +33 (0)6 32 18 79 66 (standard rate call)
12- WARRANTY
All our products benefit from the legal guarantees, provided that they have been used normally and that the care instructions have been followed. These legal guarantees apply irrespective of any commercial warranty.Legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code)
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The consumer has two years from delivery of the goods in which to bring a claim. During the twenty-four months following delivery of new goods, any lack of conformity that appears is presumed to have existed at the time of delivery, unless proven otherwise: the consumer does not have to prove the origin of the defect.
The consumer may request that the goods be brought into conformity by repair or replacement, free of charge. Failing that, they may obtain a price reduction or the rescission of the sale. Bringing the goods into conformity by repair gives entitlement to a six-month extension of the legal guarantee of conformity.
Legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code)
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Any action arising from redhibitory defects must be brought by the purchaser within two years of discovering the defect.
To invoke one of these guarantees, the Customer contacts Softboard Center's customer service at the contact details given in article 11.
13- DATA PROTECTION
13.1/ PERSONAL DATAThe personal data collected on www.softboardcenter.com is processed by Napco Global SARL, as data controller, for the purposes of managing orders, customer relations and, where the Customer has consented to it, sending commercial information. The processing operations carried out, their legal bases, the recipients of the data and their retention periods are detailed in the privacy policy.
In accordance with Regulation (EU) 2016/679 and French Act No. 78-17 of 6 January 1978 as amended, the Customer has a right of access, rectification, erasure, restriction, portability and objection in respect of the data concerning them, as well as the right to withdraw their consent at any time where the processing is based on it. These rights are exercised with customer service, at the contact details given in article 11.
The Customer may also lodge a complaint with the Commission nationale de l’informatique et des libertés (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07.
The website’s legal notice is available on the Legal notice page.
13.2/ COOKIES
The Site places cookies that are necessary for it to work (session, basket, authentication) as well as audience measurement cookies internal to the platform. No third-party advertising cookie is placed. The Customer may still refuse cookies by configuring their browser; certain features of the Site may then no longer be available. The Customer’s choices regarding data sharing are available on the Your privacy choices page.
13.3/ WEB BEACONS
Certain web pages of the Site may contain web beacons which make it possible to count the number of visitors to the Site and/or to provide Softboard Center with a number of indicators. These Web Beacons may be used with some of our partners, in particular in order to measure and improve the effectiveness of the Site. In any event, the information obtained via these Beacons is strictly anonymous and simply makes it possible to gather statistics on the traffic to certain pages of the Site, in order to serve the Customers of our Site better.
14- MISCELLANEOUS PROVISIONS
14.1/ FORCE MAJEURESoftboard Center shall not be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event of force majeure, in particular in the event of disruption or a total or partial strike affecting, among others, the postal services and the means of transport and/or communication, flood or fire.
The Parties agree to consult one another as soon as possible in order to determine how the order is to be handled for the duration of the force majeure event.
Beyond one month of interruption due to force majeure, the Parties shall be released from their obligations towards one another.
14.2/ ENTIRE AGREEMENT
These terms and conditions of sale and the order summary sent to the customer form a contractual whole setting out the entirety of the agreements between the parties.
14.3/ RETENTION 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 COURTS
These terms and conditions of sale and the contractual relations between Softboard Center and the customer are governed by French law. In the event of a dispute, exclusive jurisdiction is given to the competent French courts. Softboard Center nevertheless undertakes to seek an amicable solution before any legal action.
15- CONSUMER MEDIATION
In accordance with article L612-1 of the French Consumer Code, consumer Customers have the right to have free recourse to a consumer ombudsman with a view to the amicable settlement of a dispute with Softboard Center, after having tried to resolve it directly with customer service by means of a written complaint.
