Terms Of Use

VOLCOM.COM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website, mobile application or other Volcom product or service (collectively the "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Volcom. Volcom may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered by your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

Last Revised October 28, 2016

  • Trademarks

    This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Volcom and may also contain Intellectual Property of Volcom's affiliates. Such Intellectual Property remains the property of their respective owners. You recognise and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorisation is strictly prohibited. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.

  • Prohibited Use

    Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libellous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. Volcom reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Volcom, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Volcom determines appropriate under the circumstances.

  • Privacy

    Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website. By using the Website, you agree to receive certain electronic communications from Volcom. You agree that any notice, agreement, disclosure or other communication that Volcom sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  • Product Orders

    All orders placed through the Website are subject to Volcom's acceptance. This means that Volcom may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Volcom will issue you a refund. This Website may contain typographical errors or technical inaccuracies.

  • Third Parties

    For your convenience and to improve the usage of our website we insert links to third party websites. This may include links from partners that may use Volcom’s logo as part of a co-branding agreement or sell Volcom products. These third party websites may have their own separate policies and Volcom is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. Volcom, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites.

  • Mobile

    The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Volcom's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

  • Warranties, Disclaimer

    Volcom is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VOLCOM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Volcom cannot guarantee and does not promise any specific results from use of the Website. Volcom does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Volcom does not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Volcom reserves the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  • Indemnification

    You hereby agrees to indemnify, defend, and hold harmless, Volcom, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Website in violation of these Terms of Use. Volcom has the right to control any defence pertaining to this section.

  • Force Majeure

    Notwithstanding any other provision set forth in these Terms of Use, Volcom shall not be liable for any failure or delay in its performance due to any cause beyond Volcom's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Volcom shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  • Relationship

    Nothing in these Terms of Use is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between Volcom and you.

  • Governing Law and Jurisdiction

    You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and Volcom shall be governed by, construed, and enforced in all respects by California law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Volcom products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in California, USA. You consent to waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California, USA. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Volcom products) must be commenced within one (1) year after the claim or cause of action arises.

  • Waiver, Severability and Entire Agreement

    Volcom's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between Volcom and you, nor trade practice, shall modify any of these Terms of Use. Volcom may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall continue to be valid and enforceable. These Terms of Use constitute the full and entire understanding and agreement between Volcom and you pertaining to use of the Website. These Terms of Use remain in effect even after your account is terminated.

  • VOLCOM COMPLIANCE

    A cornerstone in our P.A.S.S. (Product And Social Safety) program that ensures our products are built responsibly and in compliance with the highest global social and chemical regulatory practices. In September 2010, the government of California approved a new law, which requires retailers and manufacturers operating in the state to make public the steps they have undertaken to eradicate slavery and human trafficking from their supply and distribution chain. Volcom considers the practice of slave labor and human trafficking to involve “the recruitment, harbouring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery” as outlined in the Trafficking Victims Protection Act (TVPA) of 2000. As a company, we strongly condemn these practices and do not allow them to have a place in our supply chains. The following describes how we oversee our supply chains for continued compliance:

  • Verification

    We assess the risks of slavery and human trafficking by understanding that such practices can happen anywhere. With that in mind, we regularly review our supply chain and audit all non-WRAP-certified factories that we do substantial business with to ensure that they show continued compliance with the Volcom Code of Conduct and all applicable laws, rules, and regulations. Our Code of Conduct covers issues such as maximum working hours, basic wages, respect, equality, and restriction of forced labor (amongst others).

  • Auditing

    Our verification practices include third-party audits of the entire factory, including its dormitories. We work with both Intertek and SGS for all of our audits. The auditing teams interview groups of workers, as well as individuals, without the presence of their management, to allow them to comment on their working conditions and any suspected abuse. We require every new factory in our supply chain to present a recent, passing report from a third party auditing firm or other approved auditing body to comply with the requirements for our new vendor/factory set-up.

    Our audits are scheduled in advance in order to give the factory time to prepare for the visit and compile all of the necessary documentation. If an audit report ever brings up evidence regarding any violations of the Code above, we work with the factory to create a Corrective Action Plan clearly listing solutions with estimated completion dates for each non- compliant point. If a re-audit is necessary, it is un-announced, and the factory is given a two-week window. If we ever discover suspected child labor, slave labor, or forced labor, we take immediate action to correct the issue and send auditors in seven (7) days later to confirm that the factory is in compliance.

    Volcom schedules audits depending on a factory's past audit history. If a factory has had passing results two years in a row, they do not have to audit the third year. For WRAP- and SA8000-certified factories, we are willing to accept their certificates in lieu of a Volcom audit as long as we are able to review the full report and track the completion of their Corrective Action Plan. All of these actions help to verify that there is no human trafficking or slave labor in our supply chain.

  • Certification and Code of Conduct

    Every year Volcom updates its vendor manual with the current requirements, and we require our entire supplier base to sign agreements noting that they have read, understood, and implemented the requirements set forth. One of these agreements is our Work Place Code of Conduct.

    The Volcom Work Place Code of Conduct covers the following aspects (a copy of the Code can be found here):
    Compliance with the Law
    Employment Standards:
    Child Labor/Young Labor/Forced Labor
    Health and Safety
    Freedom of Association, Discrimination, and Disciplinary Practices
    Working Hours and Compensation
    Environment
    C-TPAT (Customs Trade Pact Against Terrorism)

    Additionally, our Vendor/Manufacturing Agreement specifically requires the vendor/manufacturer to warrant and represent that “it is not engaged in, and will not engage in any activities which are in violation of any applicable domestic, foreign or international laws, rules, or regulations, including without limitation, laws, rules or regulations governing labor.”

    Vendors agree to comply with the Code and to disclose the names and addresses of every factory, contractor, and sub-contractor that they use to produce raw materials and/or garments for Volcom. All of these factories, contractors, and sub-contractors must also comply with the Code, otherwise our vendors are not allowed to do business with them.

    Lastly, the vendors agree to allow Volcom staff and representatives to inspect the facilities to ensure compliance by visiting or conducting audits. Volcom reserves the right to discontinue business with vendors who do not comply with the Code or who work with factories, contractors, and sub-contractors that do not comply.

  • Training

    Our Compliance Department continuously engages in online tutorials and webinars to continue their training and deepen their knowledge regarding slavery and human trafficking laws.

    In addition to this online training, members of the design, merchandising, production, compliance, and legal teams came together on December 2, 2011 for a Corporate Social Responsibility seminar hosted by Intertek, which focused on identifying and mitigating risks in the supply chain, particularly regarding factories’ employment practices. Volcom plans to continue this training by conducting one-on-one meetings for new hires or for employees with new responsibilities in the relevant area, as well as major group trainings whenever there are new developments within slavery and human trafficking enforcement.

    Our auditing partners provide compliance seminars in China that our vendors can attend. Vendors are always welcome to contact Volcom’s Compliance Department at any time with regards to any compliance questions or concerns, and the Department will work with them to resolve any issues they may have.

  • Consumer Education

    Volcom has always been supportive of its most avid fans. We hope that our customers are as dedicated to eradicating slavery and human trafficking as we are. We would appreciate the opportunity to answer any questions regarding our supply chain transparency and compliance procedures.

    Volcom is pleased to present this information for compliance with The California Transparency in Supply Chains Act, which we feel is a good tool to enable companies to explain their personal efforts to eradicate the practice of slave labor and human trafficking. Hopefully, with our fellow brands’ help, our combined statements will make a large impact on these dark areas of the industry and help move us towards a fairer manufacturing future.

  • Compliance Portal

    volcom.texbase.com is a website providing public access to CPSIA Certificates created in TEXbase.

Get in touch

42 Balgowlah Rd.
Balgowlah, NSW, 2093
onlinesupport@volcom.com.au
1800 081 083
Online Support Hours
Available 8:30am – 4:30pm AEST Monday through Friday. CLOSED weekends and major holidays.