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.

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 7,000,000, 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.
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.
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.
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.

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.

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...)
Order and Control of 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
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.

Deliveries

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.

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 TIMES

Territory	Service	Carrier	Delivery times	<75€	>75€
Belgium	Standard	SoColissimo	3-5 working days	9.00€	Free of charge
Belgium	Express	TNT Express	1-2 working days	12.00€	12.00€
Portugal	Standard	SEUR	3-5 working days	9.00€	Free of charge
Portugal	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
Italy, Luxembourg, The Netherlands	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
Denmark, Finland, Ireland, Sweden	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.).

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 and for orders above 75€.

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.
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.
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.
Warranty Policy

Volcom Warranty Policy applies when the product is used under normal conditions for the purpose of which the product is designed.
Excluded from coverage under this warranty are the following:
Damage caused by normal wear and tear.
Damage caused by misuse, and/or negligence.
Damage caused by improper care.
Damage caused by natural breakdown of colours and materials over time.
Damage caused by consequential or incidental damages.
Damage caused by alteration of product.

Any warranty claim must be addressed to Volcom dealer from which the product was purchased. Outlets are separate from Volcom Warranty Policies.

DID YOU PURCHASE FROM VOLCOM OFFICIAL WEBSITES?
Volcom warranty policiy depends on the point of purchase of your faulty item. The following policy applies to all purchases made exclusively from:
www.volcom.eu
www.volcom.es
www.volcom.fr
www.volcom.co.uk
www.volcom.at
www.volcom.de

Volcom websites do not offer after sales service online for branded shops or a multi brand store purchases.

Apparel and Accessories Warranty Policy:
Volcom apparel and accessories are warranted against defects in material or workmanship for 90 days from the original date of purchase.

Footwear Warranty Policy:
Volcom warrants all footwear products to be free of defects in material and workmanship for a period of 30 days from the original date of purchase. This warranty applies when the product is used under normal conditions and for the purpose the product was originally designed.

Bag Warranty:
All Volcom bags and luggage are warranted against manufacturer defects in material and workmanship for 1 year from the date of purchase. This warranty applies only to the original purchaser and does not cover damage from normal wear and tear, accidents, abuse, or the normal breakdown of colors and materials. Luggage damage incurred during airline handling is not covered by this warranty, and claims in such cases should be made directly with the airline.

Snow Outerwear Warranty:
Volcom Snow Outerwear is warranted against manufacturer defects within the workmanship and material of the product for a period of (2) year’s from the original purchase date.
Replacement parts for Warranty
Warranty does not carry replacement parts such as hoods, patches, cinch flies, tie belts, stretch cinch belts, shoelaces, boot liners, buttons, zippers or faux fur trim.

Request a warranty claim at eu.service@volcom.com. Please add the following information:
‒ 1-2 pictures of the damaged/defective items
‒ Order number of the online purchase.
‒ Style name and reference number of the damaged/defective items
Volcom reserves the right to refuse the claiming if conditions are not met.

Once your claim is received and evaluated by our warranty technicians, you will be contacted with one of the below options:
a) Warrantable Refund. If the defect is proven by our Quality Service as faulty, you will receive a credit of the amount of the item. One of our representatives will provide you instructions to proceed to a return. Once the item is sent back to Volcom HQ, the refund will be via the method of payment used to place the order (Credit Card or Paypal).
b) Warrantable Repair. For some cases, a repair could be proposed. If a repair or fix on the product is possible, one of our representatives will provide you instructions to ship your items. The repair process can take up to 4-6 weeks and the repairs will be paid for by Volcom. Once the item is repaired and sent back to Volcom HQ, the Warranty/Customer Service team will get in touch with the customer with reshipment information.

DID YOU PURCHASE FROM AN OFFICIAL VOLCOM RETAIL STORE?
Volcom warranty policy depend on the point of purchase of your faulty item. Any request of warranty claim has to be evaluated by the Volcom Store where the purchase took place.

Request a warranty claim at the Volcom Store Contact by email.
Please provide the following information:
‒ 1-2 pictures of the damaged/defective items
‒ Style name, reference number, colour and size of the damaged/defective items
‒ Copy of receipt or bank statement reflecting authorized Dealer
‒ Customer Name:
‒ Address:
‒ Email:
‒ Phone number:

Volcom reserves the right to refuse the claiming if conditions are not met. If the warranty request is accepted, damaged/defective must be returned for evaluation to the point of purchase. The Volcom Store could cover the return costs and provide a prepaid transport label. Volcom will not be accountable for any lost or unfound shipments.

Once your claim is received and evaluated by our warranty technicians, you will be contacted with one of the below options:

Warrantable Repair. If a repair or fix on the product is possible, one of our representatives will provide you instructions on how to label your package and what address to ship your item(s) too.
a. The repair process can take up to 4-6 weeks and the repairs will be paid for by Volcom.
b. Once the item is repaired and sent back to Volcom HQ, the Warranty/Customer Service team will get in touch with the customer with reshipment information.

Warrantable Replacement. If product is requested to be sent in for a physical evaluation, Volcom does not take responsibility for the shipment to us and it is recommended you use an insurable traceable carrier to assure a successful delivery.
In the event your product is being replaced, a list of available options will be sent to you for replacement.
c. All replacements will be based off availability from our previous/current season’s inventory.
d. If the replacement item is no longer available, the Volcom Store will be in contact with you on the available options of equal or lesser value from the original MSRP.
Non-Warrantable Service. In the case that an item is not covered within our warranty policy or is un-repairable, it may be returned back to customer without repairs made.

DID YOU PURCHASE FROM A VOLCOM MULTI-BRAND STORE?
Volcom warranty policies depend on the point of purchase of your faulty item. Any request of warranty claim has to be evaluated by the shop or the multi brand store where the purchase took place.

Request a warranty claim directly to the shop. Please provide the following information:
‒ 1-2 pictures of the damaged/defective items
‒ Style name, reference number, colour and size of the damaged/defective items
‒ Customer Name:
‒ Address:
‒ Email:
‒ Phone number:
‒ Name of the shop where the item was purchased:

All warranty claims must be accompanied by a proof of purchase from an authorized Volcom Dealer (Copy of receipt or bank statement must clearly identify the dealer).
See all the information concerning complaints and manufacturer's warranties directly with the shop. The shop reserves the right to refuse the return any warranty claim if it does not met their terms and conditions.

WARRANTY EXCEPTIONS
Volcom online Services could provide warranty assistance for the following exceptions:
‒ If the purchase was placed out of the EU located and if the customer currently reside in EU.
‒ If you are unable to contact the Volcom dealer
‒ If the store does not exist anymore
Please contact: eu.service@volcom.com

WARRANTY POLICY

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.
Data Protection

DATA PROTECTION

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.

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.

Terms Of Use

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