Preamble

These Terms and Conditions of Sale (hereinafter the “Agreement”) governing orders placed on the www.sonofbeach.mu website (the “Web Site”) operated by Son of Beach are hereby entered into between:

1. On the one hand, SOB MAURITIUS LTD (hereinafter “Son of Beach“, “We”, “Us”, “Our” or the “Vendor”), a MAURTIAN SARL [limited company] whose share capital is 680,000 rupees, whose registered address is Cap Dal Village, Tamarin, Mauritius, registered under no. 27 896, whose telephone number: +230 483 7209, represented by Mr. Francois BAREAU, acting in his capacity as Director and Shareholder,

2. And on the other hand, any natural person who is not a trader and who resides in one of the territories listed in article 1.3 below (hereinafter the “User”, “You”, “Your” or the “Customer(s)”) who wishes to make, is making or has made a purchase (hereinafter the “Order(s)”) of goods or services which the Vendor offers for sale on the Web Site, 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.
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
The Parties hereby agree that their relationship concerning the preparation, conclusion and performance of any Order shall be governed by the Agreement entered into by the Customer upon placing an Order 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. Should any issue necessary to the performance or the interpretation of this Agreement not be expressly mentioned in this Agreement, it shall be deemed to be governed by the rules and common practice which are applicable to distance sales companies based in Mauritius.

ARTICLE 1. Purpose, Applicable Law and territories

1.1. Purpose
This Agreement sets out the terms and conditions governing the sale of goods and services 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 this Agreement at any time. Any modification of this Agreement shall come into force as soon as published on the Web Site. Therefore, the Agreement which shall govern the relationship between the Parties shall be the version thereof which is online at the time the Customer places an Order and which is expressly accepted by the Customer upon his registration on the website.

1.2. Applicable law, settlement of disputes and language of this Agreement
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 Mauritian law, as the law of the place where the Vendor is established and where the Web Site is operated from. Any dispute arising in connection with the interpretation or performance of this Agreement shall be governed by French law and placed under the jurisdiction of the courts of the place where the defendant is domiciled, or by the courts of the place where the goods were effectively delivered, at the defendant’s discretion.
This Agreement shall be available on the Web Site in both French and English. Should the French and English versions of this Agreement diverge or conflict in any way, and in general for the purposes of interpreting the terms of this Agreement, the Parties hereby agree that the French version of this Agreement shall prevail.

1.3. Territories
Any Order placed on the Web Site may only be validly concluded between the Vendor and a Customer whose billing address is situated in Mauritius or Rodrigues.
Should the Customer’s billing address be outside the abovementioned territories, he or she may not validly place an Order via the Web Site.

ARTICLE 2. ORDERS

2.1. The Customer’s acceptance of the Order
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 the Agreement which applies to their Order. When Customers have finalised 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 whose billing address is situated in one of the territories listed in article 1.3 above.
Once the Vendor receives an Order placed by the Customer, the Customer will receive a detailed order acknowledgement message stating the total amount being billed to the Customer including all taxes. This order 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, subject to availability.
The Vendor undertakes to notify the Customer by e-mail, should any goods or services 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 only be debited for the new amount of the Order, i.e. not including the value of the unavailable goods. Should all the goods ordered by the Customer be unavailable, the Customer shall be notified by e-mail and the value of the Order shall not be debited, and the Order shall be cancelled. The Vendor’s cancellation of the Customer’s Order shall not give any right to compensation for the Customer based on the unavailability of the expected goods or services. 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
Users may, prior to placing an Order, peruse the essential characteristics of the goods which they intend to order on the Web Site. However, the photographs, drawings, diagrams and descriptions of the goods which are offered for sale on the Web Site are only indicative and shall not be contractually binding.

3.2. Applicable prices
By placing an Order, the Customer accepts the prices and descriptions of the goods and services which are offered for sale on the Web Site.
The prices which are quoted next to each item offered for sale shall be shown in Mauritian Rupees (Rs.); and include tax, but exclude shipping and delivery costs. The quoted prices shall include Value Added Tax (VAT) at the rate applicable on the date 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 and services 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 Vendor’s Web Site. .
However, the Vendor hereby undertakes to charge the Customer the prices and taxes indicated to the Customer upon confirmation of its Order. Moreover, Customers shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and upon placing their Orders.

3.3. Discounts
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity of each offer and subject to availability of the goods involved. 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 tax 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 and services from Son of Beach (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 Son of Beach and disclosed to the Customer, such as those concerning their period of validity, and may only be redeemed against goods subject to availability. 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. In order to be used on the Web Site, the value of a Purchase Voucher must at the very least be equal to the value of the goods which the Customer wishes to order including tax but excluding shipping and delivery costs.
- Should the value of a Purchase Voucher be lower than the value of the goods the Customer wishes to order including tax 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 tax 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. The shipping and delivery costs of the goods ordered shall be added to the total value of the goods ordered by the Customer.
- Should the value of a Purchase Voucher be equal to the value of the goods the Customer wishes to order including tax 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 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 the Mauritian Rupees (Rs) in all the territories listed in article 1.3 above.

4.2. Terms of payment
Customers may pay for their Orders online using any of the following cards: Visa and MasterCard, and by providing their card number and expiration date, as well as the three last digits of the number shown on the back of their bank card.

4.2.1 Data processed by the Vendor
When paying for an Order, Customers provide the Vendor with an implied warranty that they have the requisite authorisation to use the payment method they elected upon placing their Order. The confirmation of any given Order 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 finalised and shall be cancelled. 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.
The bank account linked to the payment method used by the Customer shall be debited prior to the moment when the Customer’s order is handed over to the transport operator in charge of delivering it. 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 moneys 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 Customers’ bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet. No banking data concerning Customers shall ever transit via the Web Site itself. The Vendor shall not have access to this information and shall not store it on its servers. Customers shall therefore be asked for their bank / payment details each time they place a new Order on the Site. Payments made by credit or debit card shall be handled directly by the bank in charge of processing electronic payments.
The data set out in the Order form shall be handled by MCB a Mauritian 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 form shall be recorded in a payment incident file kept by the bank. Any wrong or inaccurate declaration as well as any anomaly may also be dealt with specifically by the bank.

ARTICLE 5. Delivery

5.1. Delivery
Delivery is made to the delivery address specified by the client.
The delivery may not be performed neither in hotels nor PO boxes.
In case of damaged package (already open, missing products ...), the Customer agrees to notify the carrier and Son of Beach, by all means, any reservations within 3 days of receipt of the product.

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
In accordance with the Electronic transaction act, the Customer shall have a period of 7 (seven) days net as of the delivery date to change his/her mind and return at his/her own expense the goods which were ordered, requesting reimbursement for same.
The Customer’s retraction 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 within the abovementioned timescale 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 any means and notably by crediting the bank account used by the Customer upon placing the Order, as soon as possible and no later than 30 days following the date on which the right of retraction has been exercised with the Vendor.
The Vendor shall reimburse to the Customer the total amount paid including the price paid including the price of the goods which are subject to the retraction, as well as the delivery costs of the goods ordered by the Customer, calculated on the basis of the value of the goods which are subject to the retraction .

6.2. 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. A Customer wishing to return goods to the Vendor must contact the Vendor by sending an e-mail to customerservice@sonofbeach.com or by calling +230 422 8644 (Monday to Friday, 9:30am to 12:30pm and 2pm to 5pm). The Vendor shall thereupon provide the Customer with a returns authorisation number for the goods.
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 their original condition (including packaging, accessories and original inserts), and must be accompanied by the Delivery Mail of the goods, to provide proof of purchase of the goods from the Web Site and proof of the date on which the goods were bought; the enclosed documentation must also feature the returns authorisation number which the Vendor provided to the Customer. Any goods which are returned to the Vendor by the Customer must be sent to:

Son of Beach
Service Retours E-commerce
Cap Dal
Tamarin

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 an anomaly of the goods relating to their description in the Order email 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 costs 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.
Subject to the applicable statutory warranties, should the Customer fail to abide by the terms of this article, the Customer shall be barred from making any claims in connection with any visible defects in the goods which were delivered by the Vendor. The goods shall thereupon be deemed to be exempt from any visible defects.

6.3. Exchanges
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. Should the value of the Order placed by the Customer for new goods in exchange of goods already delivered exceed that of the goods which were delivered, the Customer must enclose payment for the difference together with the request for the exchange. Conversely, should the value of the new goods sought by the Customer be lower than the value of the goods already delivered to the Customer and returned by the Customer to the Vendor, the Vendor shall reimburse the difference to the Customer.

ARTICLE 7. Liability

The Vendor hereby disclaims liability for any failure to perform its obligations under this Agreement as a result of the occurrence of circumstances of force majeure as defined by the law and by the Mauritian courts.
Similarly, the Vendor hereby disclaims liability for any inconvenience or damage caused by the use of the Internet network, such as any interruption of the availability of the Site, any breakdown in the service, any external intrusion or presence of computer viruses, any losses or alterations of data or of files, or any indirect damage, whatever the causes and consequences thereof.

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.

Contend of the electronic transaction act in Mauritius, the Vendor shall store all Order emails and invoices on a reliable and durable medium so as to retain an integral and durable copy.

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 customerservice@sonofbeach.com or by calling +230 483 7209 (Monday to Friday, 9:30am to 12:30pm and 2pm to 4:30pm), 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.