The brand Acta Boardsports is the property of the company SDG Distribution, a simplified joint stock company with a capital of 37 000 euros, whose head office is 114 rue des Vanniers 40150 Soorts-Hossegor, France, RCS Dax B 500 510 961, intracommunity VAT number FR55500510961, telephone number: +33 5 58 70 25 35
SDG Distribution is a company specialized in selling equipment for board sports and outdoor activities.
On this website, products sold by SDG Distribution ("Acta Products") are offered for sale.
ARTICLE 1 - SCOPE OF APPLICATION
These sales terms and conditions (hereinafter the "GTC") apply, without restriction or reservation, to all products offered for sale on the Site www.acta-boardsports.com
Consequently, ordering on the website by a natural or legal person (hereinafter the "Customer") implies full acceptance of the GTCS.
The GTC will remain in force until a new version is put online. This is why, before any order validation, the Customer must consult and validate the GTC.
SDG Distribution reserves the right to adapt or modify the GTC at any time. In case of modification, the GTC in force at the time of the order registration will be applied to each order.
ARTICLE 2 - CUSTOMER ACCOUNT
The opening of a Customer account and the use of the Website are free of charge (except for any connection costs, the price of which depends on the electronic communication operator), with no obligation to purchase. Only the purchase of products gives rise to a payment by the Customer.
Access to the Site by Customers is reserved for strictly personal use. When using the Site, the Customer declares that he/she is acting in a private capacity.
Moreover, in order to purchase on the Website, the Customer must open an account. To do so, the Customer must provide the data allowing him/her to be identified. At the time of the opening of this account and at the time of each order, the Customer commits himself to provide only exact, complete information, which corresponds to his identity. The Customer must keep this information up to date and will be solely responsible in case of error in the order or delivery due to erroneous information.
To buy on the Site, the Customer must use the identifier and the confidential password created when he opened his account. The Customer agrees to keep them secret and not to disclose them to any third party. The Customer will be solely responsible for accessing his account using his login and password, unless there is evidence of fraudulent use that is not attributable to him.
In case of loss, misappropriation or fraudulent use of his login and/or password, the Customer agrees to immediately notify the customer service of SDG distribution by the following contact form: https://www.acta-boardsports.com.
ARTICLE 3 - INTELLECTUAL PROPERTY
The website, content and all the elements that make it up are creations for which SDG Distribution holds all the intellectual property rights and/or exploitation rights, particularly in terms of copyright, database rights, trademark rights and design rights.
The Site, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data present on the Site, remain the exclusive property of SDG Distribution or, as the case may be, of their respective owners with whom SDG Distribution has signed usage agreements.
The Customer has the right to consult online the data and information present on the Website, and may, for strictly private use, print them or save them for a purchase or a purchase project.
Any other use of the Website, particularly commercial, by the Customer is prohibited. The Customer is prohibited from reproducing and/or representing for any use other than private, from selling, distributing, broadcasting, translating, adapting, disseminating and communicating in any form whatsoever, any element, information or data from the Site.
Furthermore, the Customer agrees not to introduce, by any means whatsoever, data that may modify or damage the content or presentation of the Website. Any hypertext link to the Site must be expressly authorized in advance by SDG Distribution. Furthermore, any hypertext link, even if expressly authorized by SDG Distribution, must be removed at the first request of SDG Distribution.
ARTICLE 4 – RATES
For ACTA products delivered within the European Union, the prices indicated on the Site are expressed by default in Euros and inclusive of all taxes.
For deliveries outside the European Union, the prices are expressed by default in Euros and excluding any taxes. The Customer undertakes to pay, where applicable, all taxes that may be required by the country of delivery, including value added tax and any customs duties. These duties may be requested by the carrier. SDG Distribution will not be held responsible in the event that the Customer does not pay these taxes and duties.
These rates are broken down as below:
Product prices: these prices can be modified at any time by SDG Distribution. However, in case of modification, the selling price applied will be the one in force at the time of the registration of the order. The prices indicated on the Website do not include delivery costs, unless otherwise stated. Discount vouchers: vouchers, discounts, promotional codes, loyalty vouchers issued by SDG Distribution are not cumulative and can be used for ACTA products.
Delivery costs: delivery costs depend on the products and the delivery method chosen by the Customer from among the delivery methods offered by SDG Distribution. These costs are indicated when the Customer selects the delivery methods, and can be consulted at any time in the "My orders" section of the Site and in the general terms of sale.
The amount (price of the products and delivery costs) indicated in the confirmation of the order by SDG Distribution is the total price charged to the Customer.
ARTICLE 5 – ORDERS
Any order confirmed by the Customer represents an irrevocable acceptance of the sales contract, which can only be challenged within the limits provided for in the general sales conditions.
The procedure of placing an order in two steps (by "double click"), associated with the authentication procedure constitutes the validation of the sales contract.
SDG Distribution will confirm receipt of the order to the Customer by sending an order confirmation email.
The Customer will be able to consult the information relating to the order in "my orders" section of the customer area.
SDG Distribution reserves the right to cancel any order from a Customer with which there is a problem. The information provided by the Customer when ordering is binding on the latter: in case of error in this information, and in particular in the email address and contact details of the recipient, SDG Distribution cannot be held responsible for the impossibility of delivering the product. Any delivery made to the address indicated by the Customer will be considered as perfect.
In case of a return due to lack of information and/or error on the part of the Customer, the costs incurred by this return will be charged to the Customer.
In case of unavailability of an ACTA product, the Customer will be informed by email and the order for this specific product will be automatically cancelled. The rest of the order remains firm and permanent. If the payment for this product has already been debited from the Customer's account, it will be refunded. Otherwise the price of the unavailable product will not be debited.
ARTICLE 6 – PRICE PAYMENT
6.1 - Payment methods
The payment is made online by the Customer when ordering.
For all products, payment can be made :
by online credit card (VISA, Mastercard, American Express, Bancontact), in several installments, through the 3x 4x Oney payment system (see article 14), by Paypal,
For each order, payment will be collected by SDG Distribution: upon confirmation of the order, for the price of the products ordered and the delivery costs.
The order confirmed by the Customer will only be considered effective when the payment is received by SDG Distribution.
In the case that SDG Distribution's liability is sought for damages related to an error concerning the amounts debited, SDG Distribution may be exempted from all or part of its liability by proving that the error is attributable either to the consumer, or to an unforeseeable and insurmountable act of a third party, or to a case of major force.
6.2 - Payment security
Payments made on the Website are entirely secure. Bank details (credit card number and expiry date) communicated by the Customer are never transmitted.
Thanks to the technical characteristics of the encryption software used on the Website, the Customer's bank details cannot be intercepted by third parties. By communicating his bank details, the Customer accepts in advance and unconditionally that SDG Distribution will proceed with the secure transaction. The Customer therefore authorizes his bank in advance to debit his account on the basis of the statements sent by SDG Distribution, even in the absence of invoices signed by the cardholder. The authorization to debit the Customer's account is always given for the amount of the products purchased as invoiced by SDG Distribution.
6.3. - Security controls
SDG Distribution controls certain orders, and may have to ask the Customer for all the necessary documents to release his order.
ARTICLE 7 – DELIVERY
7.1 - Terms and conditions of delivery
After order confirmation, the Products ordered will be delivered to the transport company chosen by the Customer, subject to their availability, and unless otherwise indicated to the customer when the order was placed, within a maximum period of: twenty-four (24) working hours.
The Customer is informed by e-mail of each product delivery to the transport company. For SDG Distribution products, the follow-up of the current delivery is available on the Customer account.
If Customer specifically wishes to have multiple delivery locations, he/she must place multiple orders, with the respective delivery charges for each order being invoiced to him/her.
For deliveries in metropolitan France, the transporter undertakes to deliver the order to the address provided by the Customer, within a period of between twenty-four (24) and seventy-two (72) working hours. In case of absence, the Customer is normally notified in the mailbox, by email or by SMS, depending on the carrier chosen.
In case of a delay in delivery beyond the time limit stipulated at the time of the conclusion of the contract, the Client must contact ACTA's Customer Service, either from his client account, or by e-mail, or by telephone, in order to request that the delivery be made within a reasonable additional time.
If the delivery is still not made after this additional period, the Client may request the cancellation of his/her order from ACTA's Customer Service Department, either from his/her customer account, or by e-mail, or by telephone. The order will be considered cancelled upon receipt of this request. In this case, the Customer will be reimbursed for the total amount paid within 14 days.
The whole ACTA Boardsports team works hard to send each order the same day or the next morning (working day). The company is not responsible for any failure to deliver or delay on the part of a carrier.
Article 7.2 : Réception
On delivery, the customer is required to sign the delivery note. This delivery note is proof of order receipt. The delivery is made on the doorstep of stores for shops on the street or the first floor for buildings, offices, houses (pavilions) or other establishments.
It is up to the customer to mention on the delivery note, in a detailed and precise way, all the reserves which would seem relevant.
In case of apparent defects, the Client shall have the right to return the goods under the conditions set out below.
In the event of a defect, the Client shall inform ACTA Customer Services as soon as possible. The Client maintains its right to request the application of the legal guarantees.
Article 7.3 : Returns and exchanges for non-conformity or defective products
The Customer shall benefit from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force as referred to in the article Responsibilities - Guarantees. In the event that the Client refuses a delivery due to an error in the content of the delivery, or due to the non-conformity or defectiveness of the products ordered, the Client shall immediately contact ACTA's Customer Service by telephone or e-mail in order to determine the applicable return procedure, the recipient of the return, and the return address.
The Customer is informed that the delivery points in "Point Relais" have the exclusive mission of allowing the withdrawal of the goods ordered by the Customer. Indeed, the "Point Relais" are not authorized to take the goods back without the express agreement of SDG Distribution. Thus, the Customer may never go to a "Point Relais" in order to return his delivery, unless he has received prior written agreement by email from SDG Distribution according to the return procedure indicated. In the event that the Customer does not respect the return procedure and goes to a "Point Relais" without prior agreement, the "Point Relais" is entitled to refuse to accept the products.
All items must be returned intact, with their accessories and instructions, and in their original packaging.
The Customer has the legal deadline to ask for a credit note or to have the price returned, totally or partially in accordance with the provisions of article L.217-10 of the Consumer Code.
The customer has a period of 2 years from the delivery of the goods to act.
The consumer can choose between repairing or replacing the good. As specified in Article L217-9 of the Consumer Code, the seller may, however, choose another method than the one chosen by the buyer if this choice entails a cost that is clearly disproportionate to the other method.
The customer is exempted from proving the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. As of March 18, 2016, this period will be extended to 24 months.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been taken out.
The customer can decide to implement the guarantee against the hidden defects of the sold thing. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 8 - OWNERSHIP TRANSFER - RISK TRANSFER
The ownership transfer of the products, for the benefit of the Customer, will be realized only at the time of the delivery of the said products.
ARTICLE 9 - WITHDRAWAL RIGHT
9.1 According to article L.221-18 of French Consumer Code, the Customer has a period of fourteen days from the date of receipt of the order to exercise his right of withdrawal, without having to give reasons for his decision or incur any costs other than those provided for in articles L. 221-23 to L. 221-25.
9.2 The withdrawal right must be made to SDG Distribution for ACTA products. To guarantee the proper processing of his request, the Customer is advised to keep SDG Distribution informed in a timely manner and to follow the detailed return procedure. In order to know this procedure, please contact the ACTA customer service by e-mail or by phone.
9.3 The product must be returned by mail, preferably with delivery against signature, to the address indicated in the withdrawal form attached to the GTC.
The Customer must return the products to the address indicated on the withdrawal form attached to the General Terms and Conditions within fourteen (14) days from the date of sending the withdrawal. The return costs will be at the exclusive charge of the Customer. SDG Distribution is not responsible for lost returns.
9.4 The product must be returned in perfect condition for resale, without any use, unassembled, with its accessories, instructions and original packaging. The conformity of this return will be checked and validated upon receipt.
9.5 SDG Distribution will proceed to the refund of the amounts paid by the Customer free of charge, except for the return costs.
In case of return of all SDG Distribution products, the amount of the refund will include the price of the products concerned and the delivery costs (one way) SDG Distribution.
In case of partial order return, the refund amount will only include the product price, without the shipping costs (one way).
The refund is due within a maximum of fourteen (14) days. However, the refund may be deferred until SDG Distribution has provided the goods, or upon receipt of the proof of shipment of the returned product.
9.6 In case of exercising the Customer's withdrawal right, when the price of the order subject of the withdrawal, is fully or partially covered by a credit granted to the Customer, the credit agreement is terminated, without penalty.
ARTICLE 10 – RESPONSABILITY – WARRANTY
10.1 SDG Distribution accepts, with regard to the Customer, the responsibility for the products sold, in accordance with the regulations in force.
10.2 SDG Distribution cannot be held responsible for minor variations that may exist despite all the precautions taken in the representation of the products.
10.3 In case of non-conformity, the Customer may choose between repairing or replacing the product. As specified in Article L217-9 of the Consumer Code, the seller may, however, choose another method than the one chosen by the buyer if this choice entails a cost that is clearly disproportionate to the other method. If repair and replacement of the product are impossible, the Customer may return the product and have the price refunded, or keep the product and have part of the price refunded in accordance with Article L.217-10 of the Consumer Code. The legal guarantee of conformity applies independently of the possible commercial guarantee of the seller or the manufacturer. The consumer has a period of 2 years from the delivery of the goods to act in case of non-conformity.
10.4 In case of hidden defects, SDG Distribution is bound by the warranty for defects that make the product unusable for its intended use, or that reduce this use to such an extent that the Customer would not have acquired it, or would have paid a lower price for it, if he had known about them. In this case, the Customer has the choice to return the product and have the price returned, or to keep the product and have part of the price returned. The Customer has a period of 2 years from the discovery of the defect.
10.5 SDG Distribution shall not be held responsible for the non-compliance with the regulatory and legislative provisions in force in a receiving country other than France. The Customer is solely responsible for the choice of products, their conservation and their use.
10.6 Unless the producer is identifiable, SDG Distribution cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the products sold. It is the same for the possible modifications of the products resulting from the manufacturers.
A product modified and/or used in extreme conditions, cannot hold SDG Distribution responsible, the product would not be replaced.
ARTICLE 11 – CONFIDENTIALITY – PROTECTION OF PERSONAL DATA
The personal information and data regarding the Customer are necessary for the management of his orders and for the commercial relations between SDG Distribution and the Customer. These data are for example: Name, Address, Phone number, Email address, Credit card information, IP address. In the absence of such information, SDG Distribution will not be able to provide its service. This information may be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This computer processing has been declared to the National Commission for Information Technology and Civil Liberties (CNIL), under the number: 1390007.
This information and data are kept for security purposes, in order to respect legal and regulatory obligations. It may be used by SDG Distribution in order to send the Customer promotional offers, for statistical purposes and to fight against fraud, for the legitimate interest of commercial development, technical improvement of its systems and knowledge of its Customers and, finally, if necessary with the Customer's consent, to personalize the services, in particular through advertising. According to the choices made when creating or consulting his account, the Customer may receive offers from SDG Distribution.
The Customer may unsubscribe from ACTA's newsletters at any time by clicking on the link in all e-mails. The Customer also has the option of registering on the "Do not call" list. Information on this system is available on the website http://www.bloctel.gouv.fr/.
The Customer can consult and modify his personal data in his customer area.
The Customer has a right of access, modification, opposition, portability, limitation and deletion of the information relating to him, as well as to define directives relating to the fate of his personal data in the event of his death, which he shall send by simple mail to SDG Distribution, and by providing proof of his identity:
ACTA – Service Client
114 rue des Vaniers
40150 Soorts-Hossegor - France
Or by using our contact form.
Finally, the customer has the right to make a complaint to a supervisory authority.
ARTICLE 12 – COMPANY DETAILS
114 rue des Vannier
40150 Soort-Hossegor, France (métropolitaine)
ARTICLE 13 – LEGAL DISPUTES AND APPLICABLE LAW – CLAIMS HANDLING – MEDIATION
All purchase operations carried out via our website are subject to French law.
Any complaint can be made via the contact forms available in the 'contact' tab, and the Customer will be answered as soon as possible.
In case of difficulties in the application of the Terms and Conditions of Sale, the Customer has the possibility, before any mediation or legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association, the European online dispute resolution service (https://ec.europa.eu/consumers/odr) or any other counsel of his choice. If no amicable solution is found, the Customer may refer the matter free of charge to the Mediator CM2C (Centre de la Médiation de la Consommation de Conciliateurs de justice) 14, rue Saint Jean - 75017 Paris, see the website https://cm2c.net/.
It is reminded that as a general rule, and subject to the appreciation of the Courts, compliance with the provisions of the General Terms and Conditions of Sale relating to the contractual guarantee assumes that the Customer honors his financial commitments to SDG Distribution.
Any dispute that cannot be resolved by mutual agreement will be referred to the courts of the place where the Customer resided at the time of the conclusion of the contract or the occurrence of the harmful event.
ARTICLE 14 – MENTIONS 3-4 FOIS AVEC ONEY BANK
Oney in France
Payment of your order in 3 or 4 times without fees by credit card from 80€ up to 6000€ with Oney Bank
Our partner Oney Bank offers a financial solution called 3x 4x Oney, which allows you to pay for your purchases from 80€ to 6000€ in 3 or 4 times without fees with your bank card.
Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the duration of the financing chosen. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.
How to subscribe: After you have completed your order, simply click on the "Payment in 3x 4x Oney by credit card" button.
You will then be redirected to our partner's 3x 4x Oney web page where you will find a detailed summary of your order and your personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login details linked to your 3x 4x Oney account. You read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box.
You acknowledge that the "double click" associated with the checkbox on the acknowledgement of the general conditions is equivalent to consent to contract and constitutes an irrevocable and unconditional acceptance of the general conditions of the product.
In case of doubt, the data recorded by Oney Bank constitute proof of all transactions between you and Oney Bank.
If you ask to benefit from a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it to study your request for the granting, management and collection of credit.
Oney Bank reserves the right to accept or decline your request for 3x 4x Oney financing. You have a 14-day cooling-off period to withdraw from your loan.
How it works : The 3 or 4 times payment free of charge by credit card allows you to pay the order made on our website as follows:
a mandatory contribution, debited on the day of the confirmation of the shipment of your order corresponding to one third or one quarter of the order;
two or three monthly payments, each corresponding to a third or a quarter of the order, taken at 30 and 60 days after for the 3 times and at 30, 60 and 90 days after for the 4 times.
3 times payment from 80€ of purchase and up to 6000€.
For a purchase of 150€, contribution of 50€ then 2 monthly payments of 50€. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.
4 times payment from 80€ purchase and up to 6000€.
For a 400€ purchase, contribution of 100€ then 3 monthly payments of 100€. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€.
Oney Bank - SA with a capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
Oney in Belgium
Oney's Solution is an interest-free credit offer, repayable within two months, with a monthly fee of less than EUR 4.69 (subject to annual indexation imposed by Article VII.3, §2, 3° of the Code of Economic Law (hereinafter, the "CDE"), in application of the consumer price index) and to which the rules of Book VII of the CDE on consumer credit do not apply due to its duration and negligible associated costs.
Solution reserved for individuals and valid for any purchase from 100€ to 2500€. You have 14 days to cancel your credit.
Subject to approval by : Oney Bank - Public limited company with a capital of €50,741,215 - 40 avenue de Flandre 59170 CROIX - Registered with the Lille Metropole Trade and Companies Register under number 546 380 197.
Oney Bank is approved as a credit institution by the Autorité de Contrôle Prudentiel (ACPR), 61 rue Taitbout 75436 Paris cedex 09, and is subject to its supervision. The list of approved credit institutions can be consulted on the website www.regafi.fr published by the ACPR.
Oney Bank operates in Belgium from France under free provision of services. Oney Bank does not exercise a regulated profession in Belgium, given the nature of the services it offers (credit exempt from the provisions of Book VII of the Code of Economic Law).