The present conditions are concluded exclusively between YUYO, a simplified joint stock company with a capital of 25 000€, registered with the Montpellier Trade and Companies Register under number 842 918 682, whose registered office is located at 16 rue Proudhon, 34090 Montpellier, hereinafter referred to as "yuyo.surf" or "the Site" and any person making a purchase on the yuyo.surf site, hereinafter referred to as "the Internet user" and collectively referred to as "the Parties". The Internet user declares that he or she is of legal age or has parental authorisation and has the legal capacity to contract enabling him or her to place an order on this Website. The Parties agree that their relations are governed exclusively by the present general conditions of sale. These conditions are subject to change. It is therefore understood that the applicable conditions are those in force on the site at the time the order is placed on the Site.
Article 1: Availability
Our product and price offers are valid as long as they are visible on the Site, except special operations whose validity period is specified on the Site. The Internet user is invited to consult the availability of the items sold on the information page of each product.
In the event of order of an article which would prove unavailable, yuyo.surf reserves the right to cancel the order, subject to informing the Net surfer.
In case of order of several products, if one of the products turns out finally unavailable, yuyo.surf will then inform the Internet user of the impossibility of sending the unavailable article. The rest of the order will be processed and shipped to the customer within the time announced by email information on his order tracking.
The Internet user can also opt for the total cancellation of his order, subject to prior notification of customer service yuyo.surf by phone or email.
Article 2: Order
How to place an order on yuyo.surf?
Your order is placed in several steps:
- the Internet user fills his basket with products,
- the Internet user chooses his mode of delivery,
- the Internet user chooses his payment method,
- the Internet user makes his payment request,
- the Internet user then receives from yuyo.surf an e-mail recording his order,
- Finally, the Internet user receives an e-mail confirming his order.
The order validation e-mail means the acceptance by yuyo.surf of the Internet user's order and thus forms the sales contract between the Parties. As soon as the order is ready to be shipped, yuyo.surf will send an e-mail to the Internet user.
The prices displayed by default on the site are indicated in euros and all charges included applicable in Metropolitan France + Corsica. VAT is applied at the rate in force at the time the order is placed. The prices of products displayed on yuyo.surf are exclusive of postage, or prices of other optional services, subscribed by the Internet user, which remain in addition. These will be brought to the attention of the Internet user on the summary screen before final validation of the order.
Offers, codes and coupons (hereinafter the "Discounts") are valid only for the duration and conditions of validity of the offer concerned. Discounts cannot under any circumstances be converted into a refundable amount or payable to the Customer.
Discounts can only be used by the Customer concerned and are not transferable to a third party. They are deducted from the amount all taxes included in the Order, excluding the preparation and delivery costs of the Order. Unless otherwise specified in a particular Discount offer, Discounts cannot be accumulated when an Order is placed.
When the Customer indicates on the Site several Discounts simultaneously, he may only benefit, for the same Order, from the Discount whose amount is the highest.
What are the payment methods?
On the site yuyo.surf, you have the possibility of choosing between 3 different means of payment: by credit card, by check or by bank transfer. Your order is validated from the moment the payment has been made. In the case of payment by cheque, your order is validated once the cheque has been received by our team. In the case of payment by credit card, we accept all CB, Visa, Mastercard French and international. When you pay for your order, you stay in our shop and you are not redirected to another site. To avoid any risk of fraud, we use the 3D-Secure system. You automatically receive by email the notifications and confirmations concerning the payment of your order.
yuyo.surf reserves the right to refuse an order if there is a previous dispute pending on payment or an abnormally high order level.
Unless proven otherwise, our computer records and those of our service providers, kept under reasonable security conditions, will constitute proof of all transactions between yuyo.surf and the Internet user. In accordance with regulations, we archive orders on a reliable medium. The Internet user can access it on the site yuyo.surf in the "My account" area. In any case, yuyo.surf recommends the Internet user to keep the e-mail confirming his order.
Article 3: Delivery
We are committed to shipping our natural surfboards within 8 working days. For orders received before 1 p.m., this deadline applies from the same day as the order is placed. For orders placed after 1 p.m., this deadline applies from the day after the order is placed.
Our delivery times are given as an indication, we strive to respect them, however SAS YUYO can not be held responsible for a delay in delivery.
Delivery times and amounts are variable according to the type of transport chosen at the time of placing the order on yuyo.surf. An order and delivery tracking is available on our website by going into your account and by email.
In Corsica and in the Metropolitan Islands, in Europe, in the DOM-TOM and the rest of the world the tariff varies according to the size and weight of the product. The information is updated regularly and is available when you place your order.
For any shipment outside metropolitan France, you have the possibility to send us a quote request. Our team will find the most suitable and cheapest means of transport to send your order as soon as possible.
Article 4: Retention of title
yuyo.surf retains full ownership of items purchased by the Internet user until the Internet user has fulfilled all its obligations and in particular until full payment of the price, plus interest where appropriate. The transfer of risks occurs at the time of delivery of the items ordered to the Internet user.
Article 5: Control of parcels on receipt
When you receive your parcel, it is imperative to check the general condition of the package.
If the products are damaged, we advise you to refuse delivery, yuyo.surf will settle the dispute with the carrier and we will send you another product in replacement. Once the package has been accepted and the signed form has been signed, no further recourse will be possible. You must therefore check the condition of the goods before signing any slip. Any anomaly noted after signature of the slip will not be able to be the object of any complaint towards the conveyor or yuyo.surf.
Article 6: Withdrawal / modalities of return
In accordance with the legislation in force on distance selling you have a withdrawal period of 14 working days from the date of receipt of the package, in which case you will be refunded or the product will be exchanged. Products must be returned in their original packaging in perfect condition. We invite you to contact us to obtain a return number but please note that the return costs remain at your expense. The product must be returned in good condition, with all its accessories and not used. Only products returned complete, in perfect condition, in their original packaging and with a return number will be accepted. Otherwise, the return will be considered as non-compliant and will not be refunded by yuyo.surf.
In the hypothesis where the Internet user respects the procedure of return described above, the refund takes place in the 14 days following the date of reception of the products by yuyo.surf. This date of refund can be deferred until recovery of the product or until a proof of shipment of the product has been sent to yuyo.surf, the date retained being that of the first of these facts. In case of payment by credit card, the refund is made directly to the Internet user's credit card. In case of partial return of an order, yuyo.surf will refund the customer the amount of shipping costs (outward) in proportion to the total amount of the order. In case of total return of an order, yuyo.surf will refund the customer the total amount of postage paid during the order. Yuyo.surf is not legally obliged to reimburse you for additional delivery costs if you have chosen a more expensive delivery method than the standard one offered on the site.
In accordance with Article 121-20-2 of the Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of goods made to consumer specifications or clearly personalised.
Beyond this period of 14 days, we reserve the right to take back on a commercial basis one or more items at a price identical or lower than the initial purchase price.
Article 7: Guarantees
7.1 Guarantee of conformity
The Parties are bound by the terms of Article L. 211-5 of the French Consumer Code, which stipulates that "to be in conformity with the contract, the good must :
1- Be fit for the use usually expected of a similar property and :
- correspond to the description given by the Seller and possess the qualities that he presented to the buyer in the form of a sample or model ;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller;
2- Or have the characteristics defined by mutual agreement by the Parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and that the latter has accepted. »
Finally, article L. 211-12 of the French Consumer Code stipulates that "The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods. »
7.2 Warranty against hidden defects
Article 1641 of the French Civil Code provides that "The seller is bound by the guarantee in respect of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them".
If your board is damaged, we can repair it. For that, we ask you to contact us via our form of contact by specifying in object "repair". We will then send you an eco-responsible cardboard packaging, so that you can safely ship your board to us. Once your board has been received in our workshops, we will contact you to give you an estimate of the cost of the repair (raw material, labour, transport). We invoice the repairs at cost price, i.e. we do not realize any margin on this activity. Once the repair is finished in our workshop, we will send you your board repaired and ready to surf! The repair time may vary depending on the extent of the damage, but we will return your board within 8 working days. If our production team's analysis reveals that your board is irreparable, we will inform you and propose to take charge of its destruction at our expense with a view to recycling the component materials.
Article 8: Completeness
The present General Terms and Conditions of Sale are made up of all the clauses that make them up. The fact of not availing oneself at a given moment of any of the clauses of the present, cannot be worth renunciation to avail oneself later of these same clauses. In case of invalidity of one of them, the other clauses remain valid.
Article 9: Applicable law / disputes
9.1 The present General Conditions of Sale are subject to French law. The competent court in case of dispute shall be that of the place of residence of the defendant or, at the choice of the plaintiff, the actual place of delivery of the product.
The consumer shall be informed of the possibility of using, in the event of dispute, a conventional mediation procedure or any other alternative dispute settlement method.
9.2 In the context of a contract of sale from professional to professional, the Parties expressly agree to submit this contract to French law.
The Parties expressly agree that the Vienna Convention on the International Sale of Goods may not be applied in their relationship. To this end, any dispute that has not found an amicable solution shall be submitted to the exclusive jurisdiction of the competent courts of Montpellier, notwithstanding plurality of defendants and/or appeal in warranty, even for emergency proceedings or precautionary proceedings in summary proceedings or by application.
Annex : Model of withdrawal form
If the user wishes to exercise his right of withdrawal - in compliance with the conditions set out in Article 6, he has the option of using the form below :
Attention: email@example.com if you wish to withdraw by e-mail or by post to YUYO SAS, 16 rue Proudhon, 34090 Montpellier, France.
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
- Name(s) and reference(s) of the article(s) :
- Ordered on..:
- Received on:
- Order No. :
Name of the customer who placed the order:
Address of the customer who placed the order:
Signature of the client in case of notification of this form on paper: