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Terms and Conditions of Sale

Preamble:

These General Terms and Conditions of Sale determine the rights and obligations of the parties within the scope of sales made on the on-line sale site www.volcom.eu.

Volcom reserves the right at any time to adapt or to modify these General Terms and Conditions of Sale. In the event of modification, the General Terms and Conditions of Sale in force on the day the order is placed shall be applicable to each order. Any order of a Product offered on the site implies that the Purchaser has agreed to these General Terms and Conditions of Sale.

  • 1- Identification of the purchaser and the customer
  • 2- Identification of the customer on the site
  • 3- Products
  • 4- Validity of the offer

    1- Identification of the seller and the customer

    The parties agree as follows:

    The seller Volcom or www.volcom.eu is identified as the company VOLCOM SAS, a company with a capital of EUR 4,703,600, the registered office of which is at 1 allée Belharra, BAIA Park 64600 Anglet, France, registered in the Bayonne TCR under number 488 298 621, of which the intracommunity VAT number is FR 32488298621 and represented by Mr Joost GROOTSWAGERS.

    The Customer or Purchaser on www.volcom.eu must be of age and a private individual customer whose purchases are not made for commercial purposes.

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    2- Identification of the customer on site

    The customer who has already made a purchase on the www.volcom.eu site may select a password which, when placing subsequent orders, means he does not have to fill in the forms again prior to placing an order.

    The customer who is already registered is recognised on the site as a customer of www.volcom.eu. The password registered by the www.volcom.eu customer is strictly confidential and personal. Under no circumstances should it be disclosed or given to anyone else.

    In the event that the www.volcom.eu customer loses or forgets his password, he can click on "password forgotten" on the www.volcom.eu site. Volcom will then send him a new temporary password to his contract e-mail address. He should change this password the next time he connects to the site.

    So that the customer is easily identified by the simultaneous entry of the e-mail and password, the Customer expressly authorises www.volcom.eu to deposit on the customer's hard disk a file called a "cookie" the sole aim purpose of which is to facilitate the said identification.

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    3- Products

    The articles presented on www.volcom.eu are available while stocks last. The descriptions and photos illustrating them are shown as accurately as possible; nevertheless, if errors or omissions occur, www.volcom.eu may not be held liable. The illustrating photographs supporting the text on the products are not contractual.

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    4- Our offers

    4.1/ Validity of the offer

    Any order placed on www.volcom.eu is considered to be an acceptance by the customer of the prices of the products and services proposed for sale as well as these General Terms and Conditions of Sale.

    The sale prices are given inclusive of all taxes in euros, excluding the cost of delivering the order, if the case arises. The VAT in the country where the order is delivered is the one applicable to the amount of the order.

    The prices of the products presented on www.volcom.eu may be modified. Volcom reserves the right to modify the prices without notice. The prices shown at the time of the purchase are those applicable to this purchase.

    4.2/ Promotions

    FREE GOLD OR SILVER PIN WITH PURCHASE OF ANY MEN'S T-SHIRT

    WE offer a free pin within the purchase of any Men’s t-shirt on our new collections (does not apply on the Good Deals section), until stock last.
    – To get a silver pin, enter code SILVER.
    – To get a Golden pin, enter code GOLD.

    Composition: Tinted steel.

    4.3/ Application of the promotional codes

    A promotional code cannot be applied or deducted from the invoice of the customer once the order is validated. The customer can ask the customer service to cancel his order if possible or make a return if needed.

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    5- Order and check on the data

    Any order validated on www.volcom.eu before 11:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 8:00 a.m. (local time UTC+1) for Portugal, from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).

    Volcom shall check orders placed on www.volcom.eu. Following these checks, based on various criteria, our Customer Service may contact you to ask for additional supporting information. An inquiry will be undertaken on any presumed fraud and, if necessary, legal proceedings will be taken. By submitting your order, you accept these terms and conditions.

    Volcom reserves the right to refuse an order for any reason whatsoever. Volcom also reserves the right to cancel any purchase (order already accepted) without being held liable for damages or costs incurred, for the following reasons:

    • - the product is no longer available
    • - your order has been identified by our security systems as unusual or likely to be fraudulent
    • - we have reasons to believe that you are a minor
    • - we have reasons to believe that you are a retailer
    • - we were not able to deliver to the address you provided

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    6- Payment

    6.1/ Payment security

    Payment security on www.volcom.eu is taken very seriously. Bank transactions are made secure by the Ogone payment system (www.ogone.com). All information provided to process the payment is encrypted by means of the SSL protocol. These data can be neither detected, nor intercepted, nor used by third parties. Nor can they be retained by our information systems.

    Furthermore, purchases made on www.volcom.eu comply with the 3D-Secure standard. 3D-Secure is a protocol developed by the Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) international issuers to increase the security of on-line payments. This protocol depends on an additional control when a purchase is made on line: in addition to the bank details, the purchaser is asked to enter an item of personal information enabling his bank to identify him and to validate the operation.

    For information: Ogone is a technical service provider and does not deal with disputes relating to orders. They must be settled directly with www.volcom.eu and/or your banking establishment.

    6.2/ Payment methods

    The payment methods accepted on www.volcom.eu are Visa, MasterCard, American Express, PayPal.

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    7- Delivery

    7.1/ Country of delivery

    Any order validated on www.volcom.eu before 11:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 8:00 a.m. (local time UTC+1) for Portugal, from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).

    To this preparation time should be added the delivery times set out in the section Prices and delivery times.

    www.volcom.eu delivers to the following countries:

    • - Belgium
    • - Denmark
    • - Finland
    • - Republic of Ireland
    • - Italy
    • - Luxembourg
    • - The Netherlands
    • - Portugal
    • - Sweden


    Note: PO boxes cannot be delivered.

    Independently from on the service the customer selects (standard or express), Volcom will use the following carriers: SoColissimo, SEUR & UPS.

    7.2/ Delivery problems

    By means of the contact form under the heading ‘Questions’ on the site, the customer must notify the carrier and Volcom of all reservations about the product accepted (e.g. parcel damaged, already open, etc.) within three days following receipt thereof.

    The customer may then take advantage of the repayment terms provided for this purpose.

    7.3/ Prices and delivery times

     Territory   Service   Carrier   Delivery times   <50€   >50€ 

    Belgium  
        Standard        SoColissimo       3-5 working days        9.00€       Free of charge  
        Express        TNT Express        1-2 working days        12.00€       12.00€ 

    Portugal   
        Standard        SEUR       3-5 working days        9.00€       Free of charge  
        Express        SEUR Express        1-2 working days        12.00€       12.00€ 
    Italy, Luxembourg,
    The Netherlands
        Standard        UPS       3-5 working days        9.00€       Free of charge  
        Express        UPS Express        1-2 working days        12.00€       12.00€ 

    Denmark, Finland,
    Ireland, Sweden
        Standard        UPS       3-5 working days        15.00€       Free of charge  
        Express        UPS Express        1-2 working days        20.00€       20.00€ 

    These delivery times are understood as excluding preparation times. Any order validated on www.volcom.eu before 11:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 8:00 a.m. (local time UTC+1) for Portugal, from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).

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    8- Returns

    Regardless of where the articles are delivered, www.volcom.eu undertakes to reimburse the customers for articles he wishes to return, under the terms and conditions set forth below.

    During the 30 days following receipt, under certain conditions www.volcom.eu will reimburse an article which the customer does not find entirely satisfactory and in the currency used for payment.

    Note: Volcom will refuse to accept any damaged, worn, soiled or incomplete articles (label and original packaging required). Once the returned article(s) have been received and processed by our Logistics department, a refund will be made as soon as possible, via the method of payment used to place the order.

    8.1/ Orders >50€:

    Volcom offers free returns for orders over 50€ when the following process has been respected:

    From a VOLCOM customer account:
    - Log in to the customer account entering username and password.
    - Select the item to return and click on "Vue Order"
    - Click on "Return this item" and follow the instructions.

    OR

    From "Track Order":
    - On the home page, click on "Account" and then on "Track Order" to open the "orders & returns" page
    - Enter the order number of the item to return (Order # 60000+4numbers).
    - Click on "Return this item" and follow the instructions.

    Packaged items must be submitted within 30 days after the return request is submitted. Outside the time limit the prepaid shipping label will be expired.

    Once our logistics department has accepted and processed the return, the reimbursement will be made via the initial means of payment (Credit Card or PayPal).

    8.2/ Orders <50€:

    Customers are responsible for return fees to our warehouse in France when the order amount is lower than 50€ (excluding shipping fees). The return needs to be requested as follows:

    From a VOLCOM customer account:
    - Log in to the customer account entering username and password.
    - Select the item to return and click on "Vue Order"
    - Click on "Return this item" and follow the instructions.


    OR

    From "Track Order":
    - On the home page, click on "Account" and then on "Track Order" to open the "orders & returns" page
    - Enter the order number of the item to return (Order # 60000+4numbers).
    - Click on "Return this item" and follow the instructions.

    The return reference (@RMA+ 5 figures) needs to be written down legibly on the the return parcel, otherwise the return shall not be processed.

    Once our logistics department has accepted and processed the return, the reimbursement will be made via the initial means of payment (Credit Card or PayPal).

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    9- Exchanges

    An exchange is not offered on www.volcom.eu, once your article is returned, we will invite you to place another order on line.

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    10- Intellectual property

    All the elements on the www.volcom.eu site, whether they are visual or sound, including the underlying technology, are protected by copyright, trademark or patent rights and the right to an image. They are the exclusive property of www.volcom.eu. Any hypertext link redirecting to the www.volcom.eu site and in particular using the framing, deep-linking, in-line linking techniques or any other deep link technique is in any case formally forbidden. In all cases, any link, even if tacitly authorised, should be removed on a simple request by www.volcom.eu. In general, any total or partial reproduction of the www.volcom.eu site is strictly forbidden.

    To be able to use the elements or information contained on the site, you must obtain the consent of Volcom beforehand.

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    11- Customer Service

    The Volcom Customer Service Volcom may be accessed:

    • - by e-mail: eu.service@volcom.com
    • - by phone at the following numbers:
        * The Netherlands: +31 85 2081 367
        * Finland: +358 75 325 1357
        * Belgium: +32 78 48 07 24
        * Sweden: +46 10 138 85 74
        * Ireland: +353 76 888 6779
        * Portugal: +351 308 807 439
        * Denmark: +45 78 75 42 91
        * Italy: +39 040 9720414
        * Luxembourg: +352 2786 21 68
    • - by chat service when agents are available
    • - by form from the ‘Questions’ tab on the right part of the website.

    Our teams are available from Monday to Friday, from 9am to 1pm and 2pm to 6pm (5pm on Fridays). These opening hours are GMT+1 and do not include French public holidays (January 1st, Easter Monday, May 1st, May 8th, Ascension Thursday, Whit Monday, July 14th, August 15th, November 1st, November 11th, December 25th).
    You may also find an answer to your questions in our FAQ section.

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    12-Guarantee

    All our products are covered by the legal guarantee system, as long as the use thereof is normal and that the instructions for maintenance are followed.

    Article L211-4 of the French Consumer Code

    The seller is bound to deliver an object conforming to the contract and responding to any lack of conformity existing on delivery. It responds also to any lack of conformity in the packaging, instructions for assembly or installation when it is responsible therefor in accordance with the contract or has been carried out under its responsibility.

    Article L211-5 of the French Consumer Code

    To conform to the contract, the article must:

    • 1° Be suitable for the use normally expected of a similar article and, in the event:
      • - correspond to the description given by the seller and have the qualities that it has presented to the purchaser in the form of a sample or a model;
      • - present the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in its advertising or labelling;
    • 2° Or present the characteristics determined by mutual agreement of the parties or be suitable for any special use sought by the purchaser, brought to the seller's attention and that the latter accepted.

    Article L211-12 of the French Consumer Code. The action resulting from the lack of conformity is limited to two years as from delivery of the article.

    Article 1641 of the French Civil Code. The seller is bound by the guarantee for latent defects in the article sold which make it unsuitable for its intended use, that the purchaser would not have bought, or would only have paid a lesser price, if he had been aware of them.

    Article 1648 sub-paragraph 1 of the French Civil Code

    The purchase must take the action due to latent defects within a two year period as from the discovery of the defect.

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    13-Data protection

    13.1/ Nominative information

    Information of a personal nature is processed by Volcom for the purposes of management, customer relations and canvassing. To enable you to receive offers from our partners, you may be asked to provide them with this information. Pursuant to 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 to the data concerning him. On this basis, the www.volcom.eu site is registered with the CNIL (French data protection agency) under number: 1680906.

    13.2/ Cookies

    The Site resorts to the use of cookies. A cookie is a computer file, stored on the hard disk of the Customer's micro-computer. Its aim is to report the Customer's previous visit to the Site. The cookies are only used by Volcom with the aim of customising the service it proposes to the Customer. The Customer retains the right to refuse cookies by configuring his Internet browser. He then loses the right to customise the service provided by Volcom via the Site.

    13.3/ Web tags

    Certain Web pages on the Site may contain Web tags which enable the number of visitors to the site to be counted and/or to provide Volcom with a certain number of indicators.

    These Web tags may be used with some of our partners, particularly to measure and improve the Site's effectiveness.

    In any case, the information obtained through these tags is strictly anonymous and simply enables statistics to be collected on how frequently certain pages on the Site are visited, so that our Customers on our Site are better served.

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    14- Miscellaneous stipulations

    14.1/ Force majeure

    Volcom shall not be held liable for the total or partial failure to fulfil its obligations under this contract, if the non-fulfilment is brought about by an event constituting force majeure, particularly in the case of disruption of or a total or partial strike by the postal services and means of transport and/or communication, flooding or fire. The Parties agree to consult each other within the shortest possible time to determine ways of processing the order during the force majeure event. After an interruption of (one) 1 month due to a force majeure event, the Parties shall be released from their mutual obligations.

    14.2/ Entire agreement

    These General Terms and Conditions of Sale and the recapitulation of the order sent to the customer make up a contractual whole summarising all the agreements made by the parties.

    14.3/ Retention and archiving of the transactions

    Invoices are archived on a reliable and long-lasting medium so that it is a true and long-lasting copy thereof.

    14.4/ Applicable law - Courts with jurisdiction

    These General Terms and Conditions of Sale and the contractual relations between Volcom and the customer are subject to French law. In the case of a dispute, exclusive jurisdiction is assigned to the relevant French courts. Nevertheless, Volcom undertakes to seek an amicable solution before taking any court action.

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