Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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.
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Identification of the Purchaser 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 27,376,388, 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.
VOLCOM SAS is a member of the Eco TLC programme under number 4000003552.
Volcom can be contacted:
By telephone from Monday to Friday, 8am to 1pm and 2pm to 5pm (UTC+01:00) (free service + cost of a local call)
List of telephone numbers:
The Netherlands +31 85 2081 367
Denmark +45 78 75 42 91
Ireland +353 76 888 6779
Finland +358 75 325 1357
Belgium +32 78 48 07 24
Sweden +46 10 138 85 74
Portugal +351 308 807 439
Luxembourg +352 2786 21 68
By email: eu.service@volcom.com
IDU nº FR219232_11KFKV
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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Identification of the Customer on the 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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Products
The articles presenoted 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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Offers and Promotions
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.
Prices are in euros and include all taxes, excluding delivery charges if applicable. The VAT added to an order is that applicable in the delivery country.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.
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.The code received by the customer as a welcome offer is not valid on our discounted products (Good Deals, Volcom Days, Sales...)
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Order and Control of the Data
Any order validated on www.volcom.eu before 7:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 6:00 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 -
Payment
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.
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.
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Deliveries
COUNTRY OF DELIVERY
Any order validated on www.volcom.eu before 7:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 6:00 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 & DHL.DELIVERY PROBLEMS
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.
PRICES AND DELIVERY TIMESTerritory Service Carrier Delivery times <75€ >75€ 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 NetherlandsStandard DPD 4-5 working days 9.00€ Free of charge Express DHL Express 1-2 working days 12.00€ 12.00€ Denmark, Finland,
Ireland, SwedenStandard DPD 5-6 working days 15.00€ Free of charge Express DHL 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 7:00 a.m. (local time UTC+1) for Belgium, Denmark, Finland, Republic of Ireland, Italy, Luxembourg, The Netherlands and Sweden, or before 6:00 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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Returns
Regardless of where the articles are delivered, www.volcom.eu undertakes to issue a refund for items the client wishes to return in line with the terms below.
You have the right to withdraw from the contract for thirty (30) calendar days after receiving or collecting your entire order. (This is sixteen (16) days more than the legal withdrawal period.)
During this time, you can return undamaged products without having to provide a reason or pay a penalty. If products received are damaged, the guarantee procedure will apply. For orders above 75€ the return is offered by Volcom, while for orders below 75€ the customer will return the order by his own means. Volcom reserves the right to modify the latter conditions.
All products may be subject to withdrawal from the contract, except those excluded by Article L. 221-28 of the French Consumer Code. These include products personalised at your request, products that have been unsealed and products that cannot be returned for hygiene reasons.
Returned products should be intact and complete, and should not have been worn for a prolonged period.
To exercise your right of withdrawal, use the form here or clearly state that you intend to return the product to Volcom at the following link: https://eureturns.volcom.com/
Follow the steps shown online.
Volcom will confirm receipt of your withdrawal by email.
As we do not offer exchanges at www.volcom.eu, we suggest you place a new order for the size or colour you desire instead.
You should then return products to Volcom within fourteen (14) days of withdrawal. The address is Volcom – ZA Atlantisud – Rue de la Piste – 4023 Saint Geours de Maremne, France.
Once your return has been received and processed by our logistics team, you will be sent an information email and refunded via the payment method used when you ordered (card or PayPal) as soon as possible.
Volcom will refund you for products returned, subject to the above terms being met, and for the standard outbound delivery charge for the products if you are returning your entire order. Outbound delivery charges with an extra fee are refunded at the standard delivery charge level. Outbound delivery charges are refunded separately.
If you are not returning your entire order, Volcom will not refund the outbound delivery charge.
Please note: Any damaged, spoiled, dirty or incomplete items (without the label and transparent original packaging) will be rejected by Volcom.
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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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Guarantee Policy
Volcom’s guarantee policy applies when a product is used under normal conditions for the purposes it is designed for.
This guarantee does not cover:
– Deterioration caused by normal wear and tear;
– Deterioration caused by inappropriate use and/or negligence;
– Deterioration caused by inadequate upkeep;
– Deterioration caused by natural degradation of colours and materials over time;
– Deterioration caused by incidental or consequential damage;
– Deterioration caused by alterations to a product.
To claim under the guarantee, contact the Volcom reseller from whom the product was bought: the physical point of sale or the third-party seller website.
PURCHASES FROM OFFICIAL VOLCOM WEBSITES
The Volcom guarantee policy below only applies to purchases from the following websites:
www.volcom.eu
www.volcom.es
www.volcom.fr
www.volcom.de
www.volcom.ch
www.volcom.co.uk
The Volcom websites do not offer an after-sales service for purchases from physical brand stores or multi-brand stores.
Legal guarantee policy
All products for sale on the websites are subject to the legal guarantee of conformity (Articles L. 217-1 et seq. of the French Consumer Code) and to the hidden defect guarantee (Article 1641 et seq. of the French Civil Code), meaning you can return any defective or nonconforming products.
Volcom, a company with a registered office at 1 allée Belharra, Baia Park, Anglet 64600, France, guarantees the conformity of products under the contract within the scope of these two legal guarantees.
“The consumer has two years after an item is delivered to claim under the legal guarantee of conformity if a conformity issue appears. During this period, the consumer is only obliged to prove the conformity issue exists and not the date it appears.
Where the sales contract for an item involves the supply of digital content or a digital service on an ongoing basis for over two years, the legal guarantee applies to this digital content or service throughout the supply period specified.
During this period, the consumer only has to prove the existence of the conformity issue affecting the digital content or service and not the date it appears. The legal guarantee of conformity creates an obligation for the professional to supply, where relevant, all the updates needed to ensure the item continues to conform.
The legal guarantee of conformity gives the consumer the right to a repair or replacement for an item within thirty days of their request, free of charge and without significant inconvenience to themselves.
If the item is repaired under the legal guarantee of conformity, the consumer has a six-month extension on the initial guarantee.
If the consumer asks for the item to be repaired, but the seller forces them to accept a replacement, the legal guarantee of conformity is renewed for a period of two years after the date the item is replaced.
The consumer can obtain a reduction on the purchase price by keeping the item or end the contract by receiving a full refund for returning the item if:
1. The professional refuses to repair or replace the item;
2. The repair or replacement of the item happens after thirty days;
3. The repair or replacement of the item causes significant inconvenience to the consumer, such as if the latter has to cover return or collection costs for the nonconforming item, or must bear the cost of installing the repaired or replacement item;
4. The item’s nonconformity continues despite the seller’s attempt to make it conform.
The consumer also has the right to a price reduction for the item or to cancel the contract when the conformity issue is so serious that it justifies an immediate price reduction or contract cancellation. In this situation, the consumer is not required to ask for a repair or replacement of the item first.
The consumer does not have the right to cancel the sale if the conformity issue is minor.
Any period during which the item is unavailable to use because it is being repaired or replaced suspends the remaining guarantee until the reconditioned item is delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who in bad faith obstructs the application of the legal guarantee of conformity will incur a civil fine of a maximum of 300,000 euros, which may be increased to 10% of their average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer is also covered by the legal hidden defect guarantee as set out in Articles 1641 to 1649 of the French Civil Code for two years after a defect is discovered. This guarantee allows for a price reduction if the item is kept or for a full refund if the item is returned.”
Application of legal guarantees
- Please submit your claim under the guarantee to eu.service@volcom.com. Attach the following information:
- 1 or 2 photographs of the damaged/defective item;
- The order number for the online purchase;
- The model number and;
- The reference number of the damaged/defective item.
(Volcom reserves the right to reject any incomplete claims.)
- When our specialist technicians have received and considered your claim, we will contact you to offer a refund under the guarantee.
If our Quality team conclude there is a defect, you will receive a refund for the total item cost. One of our representatives will tell you how to return the item. Once the item is received by Volcom, the refund will be issued to the payment method used when you ordered (card or PayPal).
GUARANTEE POLICY EXEMPTIONS
Volcom’s online services may deviate from the guarantee policy to apply it to the following exceptions:
- If a purchase is made outside the EU but the client currently resides in the EU;
- If the Volcom reseller is uncontactable;
- If the store is closed.
Please contact us by email: eu.service@volcom.com.
All our products are covered by the legal guarantee as long as use of them has been normal and upkeep advice has been followed.
EXTRACTS FROM THE FRENCH CONSUMER CODE AND CIVIL CODE:
Legal guarantee of conformity
- Article L. 217-3 of the French Consumer Code: The seller should provide an item in accordance with the contract and the criteria set out in Article L. 217-5.
They are liable for any conformity issues that exist when the item is delivered within the meaning of Article L. 216-1 that appear within two years of delivery.
Where the sales contract includes digital elements:
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If the contract specifies the continuous supply of digital content or a digital service for under two years or exactly two years, or the contract does not indicate how long the supply will continue, the seller is liable for any conformity issues with this digital content or digital service that appear within two years of the item being delivered;
2. If the contract specifies the continuous supply of digital content or a digital service for over two years, the seller is liable for any conformity issues with this digital content or digital service that appear during the period of supply under the contract.
For such items, the applicable period does not deprive the consumer of their right to updates in accordance with Article L. 217-19.
In the same period, the seller is also liable for conformity issues caused by packaging, or assembly or installation instructions where installation is their responsibility under the contract or has been undertaken on their behalf, or where incorrect installation, carried out by the consumer as provided for in the contract, is caused by gaps or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The period during which the consumer can take action begins on the day the consumer discovers the conformity issue.
- Article L. 217-4 of the French Consumer Code: The item conforms with the contract if it meets the following criteria, as applicable:
- It matches the description, type, quantity and quality, particularly regarding functionality, compatibility, interoperability or any other characteristic set out in the contract;
- It is fit for any particular purpose that is sought by the consumer, that the seller has been made aware of by the time the contract is concluded and that the latter has accepted;
- It is delivered with all accessories and installation instructions, which must be provided in line with the contract;
- It is updated in accordance with the contract.
- Article L. 217-5 of the French Consumer Code: - As well as the conformity criteria in the contract, the item conforms if it meets the following criteria:
It is suitable for the habitual expected use of a similar item, taking into account any relevant provisions in European Union or national law and all technical standards or, in their absence, specific codes of conduct applicable to the sector concerned;
It has the qualities the seller has shared with the consumer in the form of a sample or model before the conclusion of the contract;
Where relevant, the latest version of its digital elements are provided when the contract is concluded, except if the parties agree otherwise;
If applicable, it is delivered with all accessories, including packaging, and installation instructions the consumer could legitimately expect;
Where relevant, it is supplied with the updates the consumer could legitimately expect, in accordance with Article L. 217-19;
It matches the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer could legitimately expect for items of the same type, given the nature of the item and any public statements made by the seller, by anyone upstream in the transaction chain, or by anyone acting on their behalf, including on advertising or labelling.
II.- However, the seller is not bound by the public statements mentioned in the previous section if they demonstrate:
That they were not aware of them and could not legitimately have known about them;
2. That, when the contract was concluded, the public statements had been corrected in conditions comparable to the initial statements; or
3. That the public statements could not have influenced the buying decision.
III.- The consumer cannot contest conformity by citing an issue with one or more particular features of the item if the consumer was specifically informed that these were not subject to the conformity criteria in this article, to which they expressly and separately agreed during the conclusion of the contract.
- Article L. 217-7 of the French Consumer Code: Conformity issues that appear within twenty-four months after the item is delivered, including an item with digital elements, are, unless proved otherwise, deemed to have existed on delivery unless this assumption is incompatible with the nature of the item or the issue specified.
For second-hand goods, the timeframe is twelve months.
Where the sales contract for an item including digital elements provides for the continuous supply of digital content or a digital service, any conformity issues that appear are deemed to have existed on delivery:
1. For two years after delivery of the item, where the contract provides for this supply for under two years or exactly two years, or the contract does not indicate how long the supply will continue;
For the period during which the digital content or service is supplied under the contract, where the latter provides for this supply for over two years.
- Article L. 217-12 of the French Commercial Code: Conformity issues that appear within twenty-four months after the item is delivered, including an item with digital elements, are, unless proved otherwise, deemed to have existed on delivery unless this assumption is incompatible with the nature of the item or the issue specified.
For second-hand goods, the timeframe is twelve months.
Where the sales contract for an item including digital elements provides for the continuous supply of digital content or a digital service, any conformity issues that appear are deemed to have existed on delivery:
1. For two years after delivery of the item, where the contract provides for this supply for under two years or exactly two years, or the contract does not indicate how long the supply will continue;
For the period during which the digital content or service is supplied under the contract, where the latter provides for this supply for over two years.
Any refusal by the seller to accept the consumer’s choice or make the item conform must be given in writing or on a durable medium.
- Article L. 217-13 of the French Consumer Code: Any item repaired under the legal guarantee of conformity has this guarantee extended by six months.
If the consumer agrees to a repair but this is not accepted by the seller, the provision of a replacement to achieve conformity triggers a new legal guarantee of conformity period for the replacement. This guarantee applies from the day the replacement item is delivered to the consumer.
- Article L. 217-28 of the French Consumer Code: Where the consumer asks the seller during the legal or commercial guarantee period granted when acquiring or repairing an item, for reconditioning covered by the guarantee, any period of non-availability suspends the remaining guarantee until the reconditioned item is delivered.
This period runs from when the consumer requests the intervention or provides the relevant item for repair or replacement if the latter point is more favourable for the consumer.
The guarantee period is also suspended when the consumer and seller enter into negotiations with a view to coming to an amicable settlement.
Hidden defect guarantee
- Article 1641 of the French Civil Code: The seller is responsible for any hidden defects in the item sold that make it unfit for its intended purpose or limit its use to such a degree that the buyer would not have acquired it, or would have paid less for it, if they had known about them.
- Article 1648 paragraph 1 of the French Civil Code: Legal action based on a hidden defect must be brought by the purchaser within two years of the defect being discovered.
In the situation covered in Article 1642-1, action must be brought, or it will not be admissible, in the year following the date on which the seller is no longer liable for visible defects or conformity issues.
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Data Protection
DATA PROTECTION
NOMINATIVE INFORMATIONWhen you browse the website, your personal data may be collected by Volcom in line with Regulation 2016/679 of 27 April 2016.
The client therefore has the right to access, correct, object to and delete their data, and to object to profiling, to limit processing, to data portability and to withdraw their consent.
For more information about personal data processing, please see our website Privacy Policy
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.
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. -
Miscellaneous Stipulations
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.
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.
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.
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. -
Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
Pay in 14 days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: Finland and the Netherlands.
Direct bank transfer: Available in the Netherlands. Your account will be debited directly after placement of your order. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
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