Terms and Conditions

Terms and Conditions

1. GENERAL INFORMATION

These General Terms and Conditions of Sale (hereinafter “GTC”) are intended to govern all online sales concluded between ZAG SKIS SAS, located at 2100 Route d’Argentière, 74400 Chamonix Mont-Blanc, FRANCE, registered with the Annecy Trade and Companies Register under number 494 311 285 (hereinafter referred to as “ZAG SKIS”) and any consumer wishing to make a purchase (hereinafter the “CUSTOMER”) on the ZAG SKIS website accessible at www.zagskis.com(hereinafter the ZAG SKIS Website). It is specified that orders placed on the ZAG SKIS Site are strictly reserved for consumers. The purchase of products by a professional for resale is prohibited. For any order exceeding 5,000.00 euros or any order placed by a professional, our Customer Service Department is available at +33 (0) 450 347 578 (price of a local call from a landline), every business day from 9:00 AM to 5:30 PM.  ZAG SKIS reserves the right to modify its Terms and Conditions at any time. In such cases, the applicable terms will be those in effect on the date the order is processed.


2. CUSTOMER ACCEPTANCE

The CUSTOMER is fully aware that it is technically impossible to place an order online without first having read and duly accepted these terms and conditions. Any order placed on the ZAG SKIS website constitutes full and unreserved acceptance of these terms and conditions. This acceptance is confirmed by electronically checking the box “I declare that I have read and accept the general terms and conditions of sale” and then clicking the “Confirm Order” button.


3. OPENING AN ACCOUNT

When placing their first order, the CUSTOMER is asked to register on the ZAG SKIS Website and provide personal information, including their first and last names, shipping and billing addresses, phone number, and email address. This information is necessary for order processing and the business relationship between ZAG SKIS and the CUSTOMER. Consequently, failure to provide the requested information is equivalent to waiving the creation of an account. Upon registration, the CUSTOMER confirms, on the one hand, their email address as a username and, on the other hand, a password, allowing them to log in to the ZAG SKIS website servers to place an order and for subsequent logins. Similarly, by registering on the ZAG SKIS website, the CUSTOMER certifies that they are of legal age and have full legal capacity to enter into a contract with ZAG SKIS. The CUSTOMER certifies that the information provided is true, accurate, sincere, and up-to-date. Under no circumstances shall ZAG SKIS be held liable for the consequences of any incorrect or outdated information. The CUSTOMER therefore agrees to update their account in the event of any change of address, telephone number, or email address.


4. PRODUCT DESCRIPTION

The ZAG SKIS website offers a curated selection of products. In accordance with Articles L 111-1 and L 113-3 of the French Consumer Code, the essential characteristics and prices of our products sold online are available on the e-commerce sitewww.zagskis.com. The CUSTOMER may also view the illustrative photographs, with the understanding that the delivered products may differ slightly from the photographed items. In any case where the CUSTOMER wishes to obtain technical details or additional information about any of the products sold on the Site, ZAG SKIS Customer Service is at their disposal:


  • By phone at +33 (0) 450 347 578 (local call rates from a landline), every business day from 9:00 AM to 5:30 PM;
  • By email at: support@zagskis.com
  • By mail to the following address: 2100 Route d’Argentière, 74400 Chamonix Mont-Blanc, France.


5. PLACING ORDERS

All steps leading up to the sale are detailed on the ZAG SKIS website. Before finalizing their order, the CUSTOMER has the opportunity to review the order details and total price and to correct any errors. Once the Customer has confirmed the order, ZAG SKIS will acknowledge receipt electronically as soon as possible. However, the sale is not considered final until ZAG SKIS sends the Customer an order confirmation specifying the shipment of the items.


6. PRICE

Product prices are listed on the product page in euros or the applicable currency, including taxes but excluding shipping costs. The CUSTOMER is informed of the shipping costs for the products before finalizing their order. All orders are payable in euros or the applicable currency, depending on the country of delivery. In accordance with the provisions of Article L.221-11 of the French Consumer Code, upon delivery, the CUSTOMER receives, for each item, written confirmation of the price paid, detailing the price of the items and any applicable delivery charges charged to the CUSTOMER.


7. PAYMENTS

Payment for orders is processed immediately online, following the instructions provided during the checkout process. The CUSTOMER is advised that ZAG SKIS does not collect or store any of the CUSTOMER’s banking information, and that payment for orders is processed through our partners via credit card or PayPal account. We accept Visa, Carte Bleu, and Mastercard. All banking transactions are conducted securely within the ZAG SKIS Members’ Area. The ZAG SKIS website provides the standard SSL (Secure Sockets Layer) secure form issued by the Shopify Payments platform, which encrypts information to protect personal data and payment details. Where applicable, the CUSTOMER certifies that they are the holder of the credit card for which they are providing information and that they possess all necessary rights to use it. Regarding payment via the PayPal payment processor, the CUSTOMER enters their username and password after clicking the “Pay with PayPal” button and, finally, confirms the payment via their PayPal account interface. Any order confirmed by THE CUSTOMER is not considered effective by ZAG SKIS until it has been accepted by the Shopify or PayPal payment server.


8. ORDER FULFILLMENT PROCEDURES

The ordered products are packaged in boxes sealed with a security strip. It is important that the CUSTOMER verify that this strip is still intact before accepting delivery of the package. Products are offered subject to availability. If it turns out that an ordered product is actually unavailable, ZAG SKIS will notify the CUSTOMER as soon as possible via email and offer to reschedule delivery. If the proposed delivery dates are not acceptable, the CUSTOMER may request cancellation of the sale for the unavailable product and, if applicable, obtain a refund of any amounts already paid.


9. DELIVERY

Delivery is made to the address provided by the CUSTOMER when confirming the online order. ZAG SKIS offers several delivery dates at the time of ordering, depending in particular on the type of product and the delivery location. In accordance with the provisions of the Consumer Code, delivery of the ordered items takes place within the timeframes communicated by ZAG SKIS and, if no delivery timeframe is specified, no later than thirty (30) days from the confirmation of the order. If delivery is not made within these timeframes, the CUSTOMER may terminate the contract by registered letter with return receipt requested or in writing on another durable medium if, after having instructed ZAG SKIS, under the same terms, to make the delivery or provide the service within a reasonable additional period, ZAG SKIS has not complied within that period. The contract is therefore considered terminated upon ZAG SKIS’s receipt of the letter or written notice informing it of this termination, unless delivery has taken place in the meantime. ZAG SKIS is fully released from its delivery obligation upon the CUSTOMER’s receipt of the package. The risks of loss, theft, or damage to the products are therefore transferred to the Customer. Unless otherwise specified, delivery charges are the responsibility of the Customer and vary depending on the type of product ordered and the Customer’s address. Delivery charges are indicated prior to order confirmation.


10. DEFECTIVE PRODUCT OR DELIVERY ERROR

Upon delivery, the CUSTOMER must inspect the overall condition of the package and the condition of the delivered products in order to report any damage immediately. If it turns out that any products are damaged or do not match the order, the Customer is requested to note all such reservations on the delivery slip and clearly indicate the nature of the damage and/or error. Any issue regarding the items (damage, missing items compared to the order form, damaged or opened package, broken or defective items, etc.) must be reported to ZAG SKIS in writing within seventy-two (72) hours of delivery at support@zagskis.com. If the CUSTOMER has accepted the delivery and wishes to return an item, they must follow the return procedure described in Article 15 below. 


11. INTERNATIONAL ORDERS

Any product delivered electronically to another European Union member state is automatically subject to VAT in France in accordance with current EU regulations. Only orders shipped to customers residing outside the European Union are invoiced tax-free; the VAT declaration must be filed locally by the CUSTOMER, who is the recipient of the product. Customers residing outside the European Union are strongly advised to inquire about the formalities relating to importation, customs duties, and any taxes that may be due upon importing ZAG SKIS products into their country. It is also specified that the CUSTOMER is responsible for obtaining, from their national authorities, any authorization required for such importation.


12. RETENTION OF TITLE

ZAG SKIS retains full ownership of the goods sold until full payment of the purchase price and shipping costs, as well as any interest and/or late payment penalties.


13. WARRANTY

All ZAG SKIS products are covered by a warranty of conformity and a warranty against hidden defects for a period of two (2) years, subject to the terms and conditions described below. If either of these warranties is invoked, the products will be replaced with a new product that is identical or has equivalent or superior characteristics, if the product is no longer sold by ZAG SKIS. To claim under the warranties, the CUSTOMER must contact ZAG SKIS Customer Service at +33(0) 450 347 578, will be assigned a case number, and must follow the procedure described in Article 15 below.

Under the legal guarantee of conformity, the following principles derived from the Consumer Code are reiterated:

Article L217-4: The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision.

Article L217-5: The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any specific use sought by the buyer, brought to the seller’s attention, and accepted by the seller.

Article L217-7: Lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For secondhand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L217-8: The buyer is entitled to demand that the goods conform to the contract. However, the buyer may not contest conformity by invoking a defect that the buyer knew about or could not have been unaware of at the time of contracting. The same applies when the defect originates from materials supplied by the buyer.

Article L217-9: In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to comply with the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.

Article L217-10: If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive a partial refund of the price. The same option is available to the buyer:
1° If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if such a solution cannot be implemented without causing significant inconvenience to the buyer, given the nature of the goods and the use for which they are intended.
However, the sale may not be rescinded if the lack of conformity is minor.

Article L217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be at no cost to the buyer.
These same provisions do not preclude the award of damages.

Article L217-12: The right to bring an action for lack of conformity expires two years after delivery of the goods.

Article L217-13: The provisions of this section do not deprive the buyer of the right to bring an action arising from latent defects as provided for in Articles 1641 through 1649 of the Civil Code or any other contractual or non-contractual action recognized by law.

With regard to the warranty against hidden defects, the following principles from the Civil Code are reiterated:

Article 1641: The seller is liable under the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so diminish such use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them.

Article 1648, paragraph 1 of the Civil Code: An action arising from latent defects must be brought by the purchaser within two years from the discovery of the defect.


It is further specified that this warranty covers only hidden defects affecting the products and specifically excludes from its scope any consequences resulting from accidents, normal wear and tear, misuse or improper handling, failure to follow the instructions for use, lack of maintenance, or improper use of said products.


14. RIGHT OF WITHDRAWAL

The CUSTOMER has a period of fourteen (14) clear days from the date of receipt to exercise their right of withdrawal and cancel the purchase of any product ordered , with the exception of skis fitted with Bindings,without having to provide a reasonor pay any penalties, except for return shipping costs, which remain the CUSTOMER’s responsibility. This period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If the fourteen (14)-day period expires on a Saturday, Sunday, or a holiday or non-working day, the period is extended until the next business day.

In the case of an order consisting of multiple products delivered separately, or in the case of an order for a product comprising multiple lots or parts delivered in stages over a specified period, the withdrawal period begins upon receipt of the last item, lot, or part. To exercise their right of withdrawal, the CUSTOMER must notify ZAG SKIS of their clear and unequivocal intention to withdraw by fully completing the return form available in the customer account or at the bottom of the website. The CUSTOMER then has 14 days from the date of submission of their withdrawal request to return the ordered product to ZAG SKIS Customer Service (Returns) under the conditions described in Article 15 below. The cost of returning the products remains the responsibility of the Customer. The CUSTOMER is fully advised that the right of withdrawal authorizes them to test the product, that is, to perform only the handling necessary to establish the nature, characteristics, and proper functioning of the ordered item. The CUSTOMER shall be held liable for any other handling that results in the product’s depreciation and may lead to a refusal to refund the price of the returned products and their return shipment to the CUSTOMER by ZAG SKIS.

In accordance with Article L.221-24 of the French Consumer Code, ZAG SKIS will refund the full amount paid by THE CUSTOMER, excluding any initial shipping costs, using the same payment method that THE CUSTOMER selected for the original transaction, unless THE CUSTOMER expressly agrees to use a different payment method. In any event, this refund will not incur any costs for THE CUSTOMER. ZAG SKIS may defer the refund until the goods have been recovered or until THE CUSTOMER has provided proof of shipment of such goods. However, ZAG SKIS is not required to reimburse any additional costs if THE CUSTOMER has expressly chosen a delivery method that is more expensive than the standard delivery method.


15. RETURN PROCEDURE

To return goods under the warranties described in Article 13 above or in connection with the exercise of the right of withdrawal referred to in Article 14 above, THE CUSTOMER must follow the procedure described below:

  • The CUSTOMER must submit a return request online through their personal account at www.zagskis.com under the “My Orders” tab, or via the “Help” tab in the website’s footer, then “Deliveries and Returns.” As a reminder, as stated in Article 14, skis with mounted Bindings cannot be returned.
  • Upon receipt of the return form, ZAG SKIS will send the CUSTOMER a confirmation of receipt of their request and inform them of the next steps in the process.
  • The CUSTOMER must pack the product in its original packaging, complete with all original labels, accessories, user manual, and warranty, in accordance with the return instructions;
  • If the CUSTOMER exercises the right of withdrawal, the CUSTOMER is responsible for arranging the return, which must be made no later than 14 days after submitting the return request to ZAG SKIS. If the CUSTOMER makes a warranty claim, the CUSTOMER must follow the return procedure specified by ZAG SKIS.
  • Upon receipt of the package, ZAG SKIS will contact the CUSTOMER by email or phone and, depending on the reason for the return and in accordance with the terms and conditions set forth above, will either replace the item with a new product or issue a refund equal to the price of the returned product as of the original purchase date.


16. AFTER-SALES SERVICE

ZAG SKIS provides after-sales service for its products. For any questions regarding the delivery of an order, our Customer Service (After-Sales Service) can be reached at +33 (0) 450 347 578 (local call rate from a landline), every business day from 9:00 AM to 5:30 PM, or by email at the following address: sav@zagskis.com. The average processing time for a repair request is 4 to 8 weeks.


17. INTELLECTUAL PROPERTY

The CUSTOMER is also advised that this Agreement does not grant the CUSTOMER any intellectual property rights to the designs, patents, trademarks, or copyrights held by ZAG SKIS.


18. RECORD-KEEPING AND PROOF OF TRANSACTIONS

The Parties agree that any information derived from ZAG SKIS’s computer system shall be admissible as evidence in the event of a dispute regarding the interpretation or performance of these Terms and Conditions. The CUSTOMER is advised that, in the event of a dispute, electronic evidence (such as emails, login records, backup copies, etc.) may be used as valid and enforceable evidence. The information necessary to establish proof of the agreements entered into with THE CUSTOMER is retained for a period of 10 years.


19. DATA PROTECTION ACT

ZAG SKIS represents and warrants to the Customer that it acts in full compliance with the provisions of Law No. 78-17 of January 6, 1978, on information technology, data files, and civil liberties. By placing an order on the ZAG SKIS website, the CUSTOMER authorizes the collection, use, and transfer of their personal data in accordance with the legal provisions governing the processing of personal data.

The information provided by the CUSTOMER in connection with orders is intended for ZAG SKIS and is used to process and track your orders, provide after-sales service for the products ordered, and for marketing and customer relationship management. This data may be shared with ZAG SKIS’s service providers for the purposes of order processing and after-sales service, as well as for marketing and customer relationship management. This data may also be shared with ZAG SKIS’s partners for non-electronic marketing purposes, including by mail or telephone. The CUSTOMER may object to this sharing at any time by providing proof of identity via mail addressed to: ZAG SKIS SARL – Personal Data Department - 2100 Route d’Argentière, 74400 Chamonix Mont-Blanc. The Customer may request reimbursement for the postage used to exercise this right by specifying this when sending their letter. Reimbursement for postage is based on the current standard rate, at the rate of one stamp per envelope.

In accordance with the provisions of the French Data Protection Act of January 6, 1978, the CUSTOMER has the right at any time to access, object to, correct, and delete their personal data. The CUSTOMER may exercise these rights at any time by providing proof of identity via mail addressed to: ZAG SKIS SARL – Personal Data Department - 2100 Route d’Argentière, 74400 Chamonix Mont-Blanc. The CUSTOMER may request reimbursement for the postage used to exercise this right by specifying this when sending their letter. Reimbursement for postage is based on the current standard rate, at the rate of one stamp per envelope.


 20. NON-BINDING IMAGES AND COLORS

ZAG SKIS hereby informs the CUSTOMER that the product images and photos displayed on this website are not binding. Under no circumstances may ZAG SKIS be held liable by the CUSTOMER for a product that the CUSTOMER deems not to conform to the image and/or photo displayed on this website. In particular, ZAG SKIS informs the CUSTOMER that the colors selected when purchasing a custom ski via the Design It Yourself (DIY) module will not match the colors of the ski the CUSTOMER receives. Since colors appear differently on screen than in print, ZAG SKIS strives to select Pantone print codes that most closely match the colors chosen on screen when customizing a ski online. 


21. GOVERNING LAW AND DISPUTES

THESE TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW. In the event of a dispute, THE CUSTOMER may first contact ZAG SKIS Customer Service to seek an amicable resolution.

Pursuant to Articles L612-1 et seq. of the Consumer Code, businesses must inform their consumer customers of their right to use a mediation service to resolve disputes, and must also provide the contact information for the appropriate mediator.  

ZAG SKIS informs the Customer that it is a member of the Federation of E-commerce and Distance Selling(FEVAD)and the E-commerce Mediation Service (60 rue la Boétie, 75008 Paris / relationconso@fevad.com). This impartial, confidential, and expedited alternative dispute resolution service is administered by FEVAD. For more information, the CUSTOMER may refer at any time to the information page on complaints and appeals on theFEVAD website.

In the event of a complaint from a European customer regarding an online purchase, the customer is asked to visit the following website:http://ec.europa.eu/consumers/odr/

In the absence of an amicable agreement between the Parties, THE CUSTOMER may bring the matter before either the court of its domicile or the FRENCH COURTS.