General terms of sale

Foreword

The entire site, as well as all associated rights, are the property of Zagskis. Any complete or partial reproduction shall be subject to prior approval by the site owners. However, no special request is required for creating hypertext type links towards the site.

1. Acceptance of conditions

The client duly acknowledges having apprised himself/herself at the time of placing an order of the special sales conditions set out on this screen page and hereby expressly declares having accepted them unreservedly.The present general terms and conditions of sale govern the contractual relationships between Zagskis and its client and are accepted unreservedly by both parties. These general terms and conditions of sale shall take precedence over any other conditions appearing in any other document, unless a prior, express exemption has been confirmed in writing.

2. Products

Photographs illustrating the products shall not be included in the scope of application of the present contract. Zagskis shall not be held liable for any errors contained in the said photographs.

3. Orders

The automatic order entry system shall be considered as constituting proof of the nature, the content and the date of the order. Zagskis shall confirm order acceptance to the client at the e-mail address indicated on the order. The sale shall only be concluded from the time of confirmation of the order. Zagskis reserves the right to cancel any order from a client with whom a payment dispute exists concerning a previous order. The Buyer is liable for the details stated at the time of order entry. In the case of an error in the addressee's delivery details, the Seller shall not be held liable in the event of any impossibility to deliver the product.Products offered online are available from stock. In case of an exceptional and/or temporary product stock shortage, we shall inform the client of the forecast delivery period timescale at the time of order. The client shall then be free to accept or refuse the quoted delivery period.

4. Delivery

Following order confirmation, Zagskis undertakes to deliver to its carrier all the items ordered by the Buyer within a maximum period of 6 working days (from 48hours to 6 business days). For its part, the carrier is bound by contract with Zagskis.com to deliver the order to the Buyer's address provided by Zagskis. Furthermore, for deliveries outside metropolitan France, the client undertakes to pay all import taxes due on products, as well as customs duty, value added tax and any other taxes due pursuant to the laws of the country to which the order is to be despatched.All orders placed with Zagskis are intended for the client's personal use. The client or the addressee of the products shall refrain from any partial or total resale of the products. Zagskis declines all legal liability in the event of the client not paying taxes. Deliveries in France are carried out by La Poste.Deliveries in EEC countries, as well as deliveries outside the EEC, are carried out by UPS depending on the chosen delivery mode. Shipping times vary between 48 hours and 10 working days depending on the carrier and the country of delivery.UPS carries out deliveries to Canada, the USA and South America, within 2 to 6 working days.Delivery shall be made to the address provided by the client at the point of order. In the event of absence at the stated address, the carrier will normally leave a delivery notice with contact details to arrange a future delivery. Any possible delivery delays shall not confer any rights for claims for damages to the Buyer. If the client does not receive his/her parcel within the allotted timescale, he/she should inform Zagskis by e-mail as soon as possible. Zagskis shall not be liable for non-execution of the agreed contract in the event of force majeure, unforeseen circumstances, disruptions or total or partial strikes, and notably on the part of postal services and carrier services. In the case of a technical product, the client shall pay special attention to reading the manual supplied and ensuring that the delivered product operates correctly. In the event of an apparent defect, the Buyer shall benefit from a right of return in accordance with the conditions set out in this document. The following events are deemed cases of force majeure that discharge the Seller from its delivery obligations: war, riots, fire, strikes, accidents and inability to obtain supplies. Goods are always shipped at the addressee's risk and peril. Always check your parcel on arrival. You have 48 hours to inform the carrier of any reservations in the event of missing or damaged items. For availability reasons, an order may be delivered to a client in several partial shipments. In this case, the client only pays for one delivery. If the client wishes products to be delivered to 2 separate delivery addresses, then 2 separate orders must be placed, with their associated delivery charges. If the goods delivered do not comply with the goods ordered, Zagskis undertakes to remedy the situation and reimburse the client for all expenses incurred (goods return costs). However, you are requested to inform us of any discrepancies (by telephone or e-mail) within 72 hours after receipt of your parcel.

5. Retraction

You have 7 days (from the date of receipt of the items) to make up your mind. The Zagskis company, as the owner of the www.zagskis.com internet site, grants you a further period of 7 day that extends the retraction period to 14 days. In case of exchange or reimbursement, you should send the new item(s) complete with all possible accessories, user manuals, invoice and literature, in the original packaging, to the following address:
Zagskis sarl6, rue des Glières73700 SéezFrance
In the event of the client exercising his/her right of retraction, Zagskis shall reimburse the sums paid by the client, without charge, with the exception of the costs of returning the goods. Reimbursement shall be due within a maximum period of 15 days.

6. Prices

Prices are expressed in euros or in US dollars. The price indicated on product sheets includes carriage costs for France, Canada and the USA. A payable "express delivery" option is also offered.The price indicated on the order confirmation is the final price including all taxes and including VAT for France and EEC countries. This price is stated exclusive of VAT for countries outside the EEC. Local costs and import taxes on imported goods shall be paid by the client. The price includes the price of the products and handling, packing and storage costs for the products, as well as carriage charges and commissioning costs.While we pay close attention to the accuracy of information posted on our Internet site, there may be occasions when we might inadvertently display incorrect prices. If such errors should occur, the client's order shall only be validated after having informed the client of the correct price by e-mail and after having received the client's acceptance of the order by return.

7. Payment

The price invoiced to the client is the price indicated on the order confirmation sent by Zagskis. The price of the product shall be paid in cash on the effective order date. Payment shall be made via credit card by the Société Générale « Sogenactif » service. The Sogénactif service enables you to make secure payments online via the Société Générale banking server. Accordingly, your credit card details are transmitted to the bank's servers and your payment is debited in a secure environment without transiting via the online shop server. This offers a major security guarantee insofar as your credit card details are only known by our Société Générale/Sogénactif banking partner.The order validated by the client shall only be considered effective when the bank payment centre involved approve the transaction. In case of refusal on the part of the said centre, the order shall be cancelled automatically and the client shall be informed by e-mail. Furthermore, Zagskis reserves the right to refuse any order from a client with whom it is in dispute.

8. Disputes

The present contract is governed by French law. Zagskis shall not be held liable for any damages of any nature whatsoever, either material or personal, that might result from the incorrect operation or improper use of the products sold or that might result from any possible modifications to the products on the part of their manufacturers. In any event, Zagskis liability shall be limited to the value of the order. Zagskis shall not be liable for simple errors or omissions that might occur despite all the precautions taken to represent the products accurately. In case of a dispute relative to the discharge of the present contract, the Buyer has the possibility, before taking any legal action, to seek an amicable solution and call upon assistance from an industry trade association, a consumer association or any other adviser of his/her choice. It is understood that the search for an amicable solution shall not interrupt the "short period" referred to under the legal warranty nor the length of the contractual warranty. It is understood that, as a general rule, and subject to the Courts' discretion, compliance with the provisions of the present contract relative to the contractual warranty supposes that the Buyer honours his/her financial commitments towards the Seller. We always afford favourable consideration to complaints or disputes and always assume that the client taking the trouble to expose his/her situation acts in good faith. In case of dispute, the client shall first approach the company to obtain an amicable solution. Failing this, the Albertville Commercial Court shall have sole jurisdiction in the matter, irrespective of the point of delivery or the payment method accepted.

9. Warranty

In all cases, Zagskis declines all liability for non-compliance with current regulatory or legislative provisions in the receiving country and Zagskis liability shall be systematically limited to the value of the product in question at its date of sale, without any possibility of recourse to the brand or the product manufacturing company.
You are now the owner of a pair of Zag skis and we are certain that you will be fully satisfied with them. In addition to the legal warranty pursuant to Articles 1641 et seq. of the French Civil Law Code, required in any event to cover defects and hidden faults, Zag skis are covered by a two years warranty from the date of purchase. This warranty does not cover breakages during transport, normal wear and tear or damage caused by a lack of snow or skiing in risky conditions (e.g.: ripped edges, dented edges). In case of breakage of both skis, one ski will be replaced free of charge and the other will be invoiced. The user shall pay the outward carriage charges.
In all cases, the client shall benefit from the legal warranty relative to the product being fit for purpose and hidden defects (Art.1625 et seq. of the Civil Law Code). Provided that the Buyer proves the existence of the hidden defect, the Seller is legally bound to pay for all its consequences (art.1641 et seq. of the Civil Law Code. If the Buyer institutes legal proceedings, he/she must do so within a "short period", from the date of discovery of the hidden defect (Art.1648 of the Civil Law Code). You can contract the client service department by e-mail at: info@zagskis.com.

10. Statutory information

The collection of personal information and details is obligatory for the purposes of distance selling as such information is indispensable for processing and forwarding orders, preparing invoices and warranty contracts. Failure to provide the necessary client information shall result in the non-validation of the order. In accordance with the French Freedom of Information law (Informatique et Libertés), the handling by Zagskis of personal details relative to clients has been declared to the National Freedom of Information Commission (Commission Nationale de l'Informatique et des Libertés - CNIL). Pursuant to Article 34 of the law of 6th January 1978, the client has a right of access, modification, rectification and deletion of personal data. This right can be exercised directly with Zagskis. Furthermore, Zagskis undertakes not to communicate to third parties any details of its clients free of charge or against payment.