These terms and conditions of sale (hereinafter this “Agreement”) governing orders placed on the www.quiksilver.co.uk website (the “Web Site”) are hereby entered into between:
1. LANAI LIMITED, a company registered in England and Wales with company no: 02849221, whose registered address is Z Block Unit 2003, 2nd Floor, 91 Brick Lane, The Old Truman Brewery, London E1 6QL; VAT no: GB 691066035; and represented by Mr. Nicolas Foulet (hereinafter “Quiksilver “, “We”, “Us”, “Our” or the “Vendor”); and
2. any natural person who places an order via the Web Site for goods which the Vendor offers for sale on the Web Site (hereinafter the “Order(s)”), on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or in return for consideration (hereinafter the “User”, “You”, “Your” or the “Customer(s)”).
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
By placing an Order, the Customer agrees that its relationship with the Vendor concerning the preparation, conclusion and performance of any Order shall be governed by this Agreement as well as by the Terms and Conditions governing the Use of the Web Site which apply upon placing any Order and which shall be deemed to constitute, together with this Agreement, a single, indivisible contractual whole governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on the Web Site and any terms and conditions of the Customer.
ARTICLE 1.Purpose, Applicable Law and territories
This Agreement sets out the terms and conditions governing the sale of goods offered by the Vendor on the Web Site, between the Vendor and the Customer. This Agreement governs the conditions under which Orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Customer’s right to change his/her mind after placing an Order, in compliance with the terms of this Agreement and the law governing this Agreement.
The Vendor shall be entitled to alter its terms and conditions of sale at any time. The terms and conditions of sale governing the relationship between the Parties in respect of an Order shall be the version which was online at the time the Customer placed the Order and which was expressly accepted by the Customer upon placing the Order, those terms and conditions of sale constituting this Agreement as defined in the Preamble.
1.2. Applicable law and settlement of disputes
The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by English law. Any dispute arising in connection with the interpretation or performance of this Agreement shall governed by the exclusive jurisdiction of the English courts.
Any Order placed on the Web Site may only be validly concluded between the Vendor and a Customer residing in any one of the following territories, to which the Order must be both billed and delivered in the United Kingdom (excluding Guernsey, Jersey, and Isle of Man).
Should the Customer reside outside the abovementioned territories, he or she may not validly place an Order via the Web Site.
2.1. Placing an Order
During the ordering procedure the Vendor will ask the Customer to confirm that the Order is correct before the Customer proceeds to the checkout. If the Order is not correct, the Customer can revisit the Order and correct the mistake before submitting the Order to the Vendor. It is the Customer’s responsibility to ensure that the Order is correct.
By placing an Order on the Web Site, the Customer confirms that:
- he/she is not purchasing the goods for a commercial purpose as a trader;
- he/she is resides in a territory listed in article 1.3;
- he/she is at least 18 years old; and
- the information provided by the Customer during the ordering procedure (including without limitation, title, first name, surname, phone number, email address, delivery and invoicing address) is accurate and complete.
2.1. The Customer’s acceptance of this Agreement
The Customer must read and expressly accept this Agreement prior to placing any Order on the Web Site. Customers may save or print out this Agreement which applies to their Order. When Customers are ready to finalise an Order, they may print out a summary statement of such Order.
2.2. The Vendor’s acceptance of the Order
The Vendor shall only fulfil Orders received via the Web Site from Customers residing in one of the territories listed in article 1.3 above provided that such Orders are due to be delivered in the territory where the Customer resides and provided that the value of each Order amounts to no more than 1500 euros (€) or 1280 Pounds Sterling (£).
Once the Vendor receives an Order placed by the Customer, the Vendor shall (subject to the goods being available) send a detailed order acknowledgement message to the Customer stating the total amount being billed to the Customer including all taxes, as well as the amount of VAT which is being charged and the delivery terms applicable to the Order (the “Acknowledgement”). Subject to article 4.2.1, this Acknowledgement shall express the Vendor’s acceptance of the Order placed by the Customer.
Any goods and their prices shall only apply to Orders placed by Customers as long as they are visible on the Web Site during the placing of an Order by a Customer.
The Vendor shall promptly notify the Customer by e-mail, should any goods that are the subject of an Order turn out to be unavailable once an Order has been placed by the Customer. In such case, the amount to be billed for the Customer’s Order shall be recalculated and the Customer shall be reimbursed for the amount of the unavailable goods. Should all the goods ordered by the Customer be unavailable, the Customer shall be notified by e-mail that the Vendor cannot accept the Order and shall be reimbursed for the total amount of the Order. The Vendor’s non- acceptance of the Customer’s Order shall not give any right to compensation for the Customer based on the unavailability of the expected goods. The Customer shall be free to place a new Order on the Web Site for other available goods.
ARTICLE 3.Description of the goods and applicable prices
3.1. Description of the goods
The Customer may, prior to placing an Order, peruse the essential characteristics of the goods which they intend to order on the Web Site. However, the Customer acknowledges that the images of the goods are for illustrative purposes only. Although the Vendor has made every effort to display the colours accurately, the Vendor cannot guarantee that the Customer’s computer’s display of the colours accurately reflects the actual colour of the goods.
3.2. Applicable prices
By placing an Order, the Customer accepts the prices and descriptions of the goods which are offered for sale on the Web Site. Due to the large volume of goods on the Web Site, it may be that some of the prices shown for certain goods is incorrect. If this is the case, the Vendor will notify the Customer of any discrepancy prior to sending the Acknowledgement. Where the correct price is lower than the price stated on the Web Site, the Customer will be charged the lower amount. If the correct price is higher than the price stated on the Web Site, the Vendor will contact the Customer to check if the Customer would like to go ahead with the Order.
The prices which are quoted next to each item offered for sale shall be shown in Euros (€) or in Pounds sterling (£) depending on the territory and include Value Added Tax (VAT), but exclude shipping and delivery costs. The prices of the goods that are the subject of an Order shall include VAT at the rate applicable on the date that the Order is placed in the territory where the Customer resides and where the Order is delivered.
The Vendor shall be entitled to modify the sale prices of its goods at any time. Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, such changes may be passed on as part of the sale price of the goods on offer on the Web Site.
However, the Vendor shall only charge the Customer the prices and taxes indicated to the Customer set out in the Acknowledgement. Moreover, the Customer shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and upon placing their Orders.
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the Customer.
Discounts may only be used by the Customer to whom they are granted and shall not be transferable to third parties. They shall be subtracted from the value of the Customer’s Order including VAT but excluding the costs of shipping and delivering the Order. Unless otherwise mentioned in a specific Discount offer, the Customer shall be barred from using several Discounts cumulatively when placing a given Order.
Where the Customer mentions his/her possession of several Discounts on the Web Site concurrently, the Customer shall only be able to use the Discount of the largest amount for the same Order.
3.4. Purchase vouchers
Any purchase vouchers which are acquired by a Customer in the course of prior purchases of goods from Quiksilver (hereinafter the “Purchase Vouchers”) may only be used by that Customer and shall not be transferable to third parties. They shall only be valid subject to the terms and conditions which are laid down by Quiksilver and disclosed to the Customer, such as those concerning their period of validity, and may only be redeemed against goods. Unless otherwise provided for by a given Purchase Voucher, Purchase Vouchers may not be used cumulatively with other Purchase Vouchers or with a Discount. Purchase Vouchers may not under any circumstance be converted into their cash equivalent and paid or reimbursed to the Customer.
The value of a Purchase Voucher must be used and consumed in full as part of a single Order and may not therefore be divided between several Orders.
Should the value of a Purchase Voucher be lower than the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Customer shall have to pay the difference between the two amounts involved as well as the shipping and delivery costs of the goods ordered.
Should the value of a Purchase Voucher be greater than the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Order shall not be accepted and the Customer shall be given the option to continue shopping by selecting additional items.
Should the value of a Purchase Voucher be equal to the value of the goods the Customer wishes to order including VAT but excluding shipping and delivery costs, the Customer’s Order shall be accepted and the Customer shall only have to pay the shipping and delivery costs of the goods ordered.
If for any particular reason an Order is not accepted by the electronic payment validation server, the Customer shall be barred from using the Purchase Voucher during a period of 72 (seventy two) hours. Once this period has elapsed, the Purchase Voucher shall be reactivated and may be used by the Customer to place a new Order.
ARTICLE 4.Terms of payment
4.1. Payment currency
The currency used to pay for Orders shall be Euro (€) in all territories listed in article 1.3 above, with the exception of the United Kingdom. Any Orders placed by a Customer residing within the United Kingdom and which are delivered to the United Kingdom shall be priced and payable in Pounds sterling (£).
4.2. Terms of payment
The Customer must pay for goods when it places the Order. The Customer may pay for his/her Orders online using any of the following cards: Carte Bleue, Visa and Mastercard, and by providing his/her card number and expiration date, as well as the three last digits of the number shown on the back of his/her bank card.
An immediate reimbursement on the Customer’s bank account in case of unavailability of a good shall not give any right to compensation to the Customer.
4.2.1 Data processed by the Vendor
When paying for an Order, the Customer provides the Vendor with an implied warranty that he/she has the requisite authorisation to use the payment method he/she elected upon placing his/her Order. Any Acknowledgement issued by the Vendor shall be subject to approval of the Customer’s payment by the relevant electronic payment validation server. Should the Customer’s bank reject the payment, the Order shall not be accepted and there shall be no obligation on the Vendor to dispatch the goods. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Customer’s payment method to a third party for verification purposes.
The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus the Vendor may verify any Order whose delivery address is different from the Customer’s billing address. In doing so, the Vendor may ask the Customer to provide further information and documents required for the Order to proceed: evidence of the fact that the Customer and/or the person whose name was provided does indeed reside at the delivery address, the Customer’s bank details, etc. These requests shall be forwarded to the Customer either by e-mail or over the telephone.
The bank account linked to the payment method used by the Customer shall be debited as from the finalisation of the Order by the Customer on the Web Site. The Vendor shall be entitled to suspend or cancel any Order and/or any delivery, whatever the nature or state of progress thereof, if any monies due by the Customer are not paid or if there are any other problems with the Customer’s payment. Should a Customer fail to pay or pay late for all or part of a previous Order, any subsequent Orders placed by the Customer may be refused and any pending deliveries for the Customer may be suspended. The Vendor shall notify the Customer of this situation.
4.2.2 Data processed by the bank handling the payments
For the purpose of ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of the Customer’s bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet.
The data set out in the Order shall be handled by Ogone and CIC, a French bank, under its sole responsibility, in order to authorise payment for the Order and analyse the banking transaction as part of the measures taken to combat credit card fraud.
Should any payment incident occur in connection with a fraudulent use of a bank card, the data set out on the corresponding Order shall be recorded in a payment incident file kept by Ogone and CIC bank (and paypal when applicable). Any wrong or inaccurate declaration as well as any anomaly may also be dealt with specifically by the bank.
ARTICLE 5. Delivery
For security reasons, and in a bid to prevent bank card fraud, the billing address and delivery address of any given Order must be located within the same territory, which must also be one of the territories listed in article 1.3 above.
The goods ordered shall be delivered by the transport operator to the postal address of the Customer set out in the Acknowledgement. The estimated delivery date shall be set out in the Acknowledgement depending on the delivery option chosen by the Customer (Standard, Express or collect point) and the territory to which the Order is being delivered.
5.1. Delivery terms
The Vendor shall entrust the following transport operator with the task of transporting the goods:
Any Orders which are placed on a Friday, Saturday, Sunday or a public holiday in the UK shall be processed as of the following Monday or as of the next working day. The delivery timescales are expressed in working days and shall vary depending on the destination of the goods. Without prejudice to the provisions herein before and for information only, the estimated delivery times generally noted for the various forms of delivery are as follows:
- 4 (four) working days for “Express” deliveries bound for addresses in the UK as from the confirmation of the Customer’s Order by the Vendor. In order to benefit from Express delivery, the Order must be placed by the Customer and confirmed by the Vendor before midday.
- 5 (five) working days in the case of “Standard” deliveries bound for addresses in the UK as from the confirmation of the Customer’s Order by the Vendor.
- 7 (seven) working days in the case of “Collect point” deliveries bound for addresses in the UK as from the confirmation of the Customer’s Order by the Vendor.
5.2. Delivery tracking upon issuing an Acknowledgement, an order tracking number shall be provided to the Customer to enable the latter to track the progress of the delivery of his/her Order. The Customer may either:
- Click on a hypertext link featuring the Order confirmation, or
- Type the order tracking number of his/her Order in the parcel tracking area of carrier’s web site as well as the postcode of the delivery address.
5.3. Presentation of the package to the Customer
The goods ordered shall be delivered to the Customer’s personal address, wherever the location, such as its floor, provided that the delivery person is provided with the entry codes or access which he or she requires to deliver the goods.
Upon delivery of the package, a delivery note shall be presented to the Customer who shall be asked to sign it. Should it prove impossible to deliver the package to the Customer (e.g. the Customer’s absence, incorrect delivery address, address cannot be found, etc.), the delivery person shall transmit a non-delivery code to the Vendor and shall leave a note to the Customer stating that he/she attempted to deliver the parcel and indicating the process for finalising the delivery.
The goods will be the Customer’s responsibility from the completion of delivery.
ARTICLE 6. Warranties
With the exception of any goods which have been personalised at the Customer’s request, goods which are sold via the Web Site may be exchanged or refunded under the terms and conditions of this Agreement and subject to the applicable law of this Agreement.
6.1. The Customer’s right to change his/her mind
The Customer may from the date on which he/she places an Order cancel that Order in respect one or more of the goods that are the subject of that Order and request reimbursement for same subject to provisions set out below.
If the Customer wishes to cancel an Order in respect of certain good(s), he/she must notify the Vendor of such intention within 15 (fifteen) days of receiving all the goods that are the subject of that Order.
The Customer must inform the Vendor of its intention to cancel an Order by making a clear statement. If the Customer wishes to cancel an Order, the Customer may use the form on Contact or complete the Model Cancellation Form attached at Appendix 1 and post or email it to the Vendor at the addresses given below in article 10.
The Customer’s cancellation of his/her Order shall only be taken into consideration provided that the goods for which the Customer is requesting reimbursement from the Vendor have been returned to the Vendor without undue delay and in any event within 14 (fourteen) days from the day on which the Customer communicated its intention to return and in keeping with the terms and conditions which are set out in article 6.3 below. Should this be the case, the Vendor shall reimburse the Customer by the same means of payment that the Customer used for the initial transaction unless expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of the reimbursement.
The Vendor shall, within 14 (fourteen) days of receiving the goods, or if earlier within 14 (fourteen) days of the Customer providing evidence that the goods have been returned, or where no goods have been supplied, within 14 days of being notified of the Customer’s decision to cancel, reimburse the Customer the total amount paid for the rejected goods, as well as the least expensive outbound shipping and delivery costs in respect of those rejected goods. The Vendor may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by the Customer.
6.2 Legal rights for non conformity of the Products
The Customer has various legal rights in relation to the goods that are faulty or not as described. The Customer may seek advice about his/her legal rights from his/her local Citizen’s Advice Bureau or Trading Standards Office. Nothing in this Agreement will affect the Customer’s legal rights.
6.3. Terms governing the return of goods to the Vendor
When any goods are covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the goods involved.
Any goods returned by the Customer to the Vendor must have been purchased by the Customer on the Web Site and must have been delivered to the Customer; they must be returned in a condition proper for the recommercialisation of the goods (including packaging, accessories), and must be accompanied by the Returns Note appended to the Delivery Note of the goods and attached in Appendix, to provide proof of purchase of the goods from the Web Site and proof of the date on which the goods were bought.
Any goods which are returned to the Vendor by the Customer must be sent to:
ENTREPOT GT LOGISTICS
155 RUE FONTAINE DE BIEVRE RVS CELLULE 5
Goods which are returned to the Vendor shall transit under the Customer’s own responsibility. Therefore the Vendor hereby advises the Customer to return the goods using a transport operator which provides a facility for packages to be tracked on their way to the Vendor. Should the Customer not use such a transport operator, and should the package sent by the Customer not reach the Vendor, the Customer shall be unable to hold the transport operator to account in order to locate the package containing the goods being returned to the Vendor.
The shipping costs of the goods being returned to the Vendor shall be borne by the Customer. However, in case of a fault or an anomaly of the goods relating to their description in the Order form or in case of an error committed by the Vendor in respect of the goods delivered to the Customer relating to the goods which were ordered by the latter, the cost of returning the goods shall be reimbursed by the Vendor based on the “2nd class” or “standard” postal service rate applicable in the Customer’s country of residence.
Upon receipt of the package containing the goods being returned by the Customer, the Vendor shall check that the goods being returned are compliant as well as the reason for the return. Should the goods being returned not qualify for an exchange or reimbursement, the Vendor shall refuse to accept their return and the goods shall be made available to the Customer for collection at the Vendor’s warehouses, or may be sent back to the Customer at the latter’s request and expense, within three months of being received by the Vendor.
Any request for an exchange submitted by a Customer must be submitted within 15 (fifteen) days from the date on which the goods were delivered and in compliance with the terms of article 6.3 above. To proceed to an exchange of goods the Customer must return the goods he/she no longer require using exactly the same method as a standard return and place a new order for the goods the Customer wishes to receive.
ARTICLE 7. Liability
If the Vendor fails to comply with this Agreement, the Vendor will be responsible for any loss or damage the Customer suffers that is a foreseeable result of the Vendor’s breach of contract or negligence. The Vendor shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Vendor’s breach or if they were contemplated by the Parties at the time of placing the Order.
The Vendor only supplies goods for domestic and private use. Accordingly, the Vendor has no liability to the Customer for any loss of profit, business, business opportunity or business interruption.
Nothing in this Agreement is intended to exclude or limit the Vendor’s liability for:
- death or personal injury caused by Vendor’s negligence;
- fraud or fraudulent misrepresentation;
- any breach of terms implied by Section 12, 13, 14 and 15 of Sales of Goods Act 1979; and
- defective products under Consumer Protection Act 1987.
The Vendor will not be liable or responsible for any failure to perform, or delay in performance of, any of the Vendor’s obligations under this Agreement that is caused by any act or event outside of its reasonable control.
If any act or event outside of the Vendor’s reasonable control takes place that affects the performance of the Vendor’s obligations under this Agreement: a) the Vendor will contact the Customer as soon as reasonably possible to notify; and b) the Vendor’s obligations under the Agreement will be suspended and the time for performance will be extended for the duration of the event outside its reasonable control. In such circumstances, the Vendor shall arrange a new delivery date when the event outside its reasonable control is over.
The Customer may cancel any Order affected by an event outside the reasonable control of the Vendor which has continued for more than 30 (thirty) days and receive a full refund of all sums paid in respect of any goods that are the subject of that Order that have not been delivered.
ARTICLE 8. Electronic Signature, Proof and Electronic Storage
The Customer’s online disclosure of his/her bank card number and final confirmation of the Order shall constitute evidence of the integrity of the Order and shall give rise to the Customer being liable to pay the entire value of the Order.
The Parties hereby agree that any data, information, files, dates and times on which the Web Site was viewed and on which any Orders were placed and any other data transmitted in digital form between the Parties shall constitute admissible and valid evidence which shall be enforceable and binding on the Parties and in any judicial procedure and shall have the same evidential force as a deed delivered under private seal.
The Parties hereby pledge not to challenge the admissibility, validity, enforceability or evidential value of the aforementioned electronic data elements based on the fact that they are electronic in nature. Unless proven otherwise, these elements shall be valid and binding on the Parties in the same way, under the same terms and with the same evidential value as any document which is drawn up, signed or stored in writing. The Vendor shall for as long as reasonably necessary store all Order Forms, Acknowledgements and invoices on a reliable and durable medium so as to retain an integral and durable copy thereof.
In the event that the Customer becomes aware of a fraudulent use of his/her bank card by a third party, the Customer should notify the Vendor as soon as possible by sending an e-mail to customer service, stating the number of the bank card involved and the date of the Order, and providing evidence of his/her identity. The provision of this information shall not give rise to any right to compensation of the Customer nor to any duty upon the Vendor to reimburse the Customer. Where applicable, the Customer may request compensation or reimbursement from the bank which issued his/her bank card in keeping with the provisions of the applicable laws and with the terms of the contract between the Customer and the bank.
ARTICLE 9: General
9.1 The Customer may only transfer its rights or obligations under this Agreement to another person if the Vendor agrees to such transfer in writing. The Vendor may transfer its rights and obligations under this Agreement at any time.
9.2 This Agreement is between the Vendor and the Customer. No other person shall have any rights to enforce any of its terms.
9.3 Each of the articles in this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.4 If the Vendor fails to insist upon the strict performance of any of the Customer’s obligations under the Agreement, or the Vendor does not enforce its rights against the Customer, or if the Vendor delays in doing so, that will not mean that the Vendor has waived its rights against the Customer, and will not mean that the Customer does not have to comply with those obligations. If a Vendor does waive its rights under this Agreement, it shall only do so in writing. Any waiver by the Vendor in respect of a Customer default shall not constitute a waiver of any subsequent default.
ARTICLE 10: Contact us
Call us: use the free phone customer service number: UK : 0 800 02 60 156
Opening Hours: Monday to Thursday from 8:00 to 11:30 am and 01:00 to 05:00 pm. Friday from 08:00 to 11:30 am and 01:00 to 03:30 pm.
Last Update: 12 June 2014
Appendix: Model Cancellation form
I hereby give you notice that I wish to cancel my contract for sale of the following goods:
[description of the goods]
Ordered on …………………………………
[Print your full name]
[Insert your address]
Click here to download the PDF version.