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General Conditions of Online Sales



1. GENERAL.

The present general conditions of sale (hereinafter "GCS") are intended to govern all online sales concluded between ZAG SKIS SARL located at 2100 Route d'Argentière, 74400 Chamonix Mont-Blanc, FRANCE registered at Annecy RCS under the 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 to be found at www.zagskis .com (hereafter the ZAG SKIS Site). 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 5000,00 euros or any order by a professional, our Customer Relations Department is at your disposal at +33 (0) 450 347 578 (price of a local call from a fixed telephone), every working day From 9 am to 5.30 pm. ZAG SKIS reserves the right to modify its GCS at any time. In this case, the conditions applicable will be those in force on the date of the order.

2. ACCEPTANCE BY THE CUSTOMER.

The CUSTOMER is fully advised that it is technically impossible to place an order online without having previously read and duly accepted the present General Conditions of Sale. Any order placed on the ZAG SKIS Site implies full and unreserved acceptance of the latter of the present contractual conditions. This will be confirmed electronically by checking the box "I declare that I have read the general conditions of sale and I accept them" and then clicking on the button "Confirm Order".


3. OPENING AN ACCOUNT.

When making a first order, the CUSTOMER is invited to register on the ZAG SKIS Site and provide personal information, such as surname, first name, postal and delivery address, telephone number and email address. This information is necessary for processing orders and for the commercial relationship between ZAG SKIS and the CLIENT. Consequently, failure to provide the information requested is tantamount to waiving the creation of an account. When registering, the CUSTOMER validates his/her email address as an identifier and then chooses a password, enabling him to identify himself to the servers of the ZAG SKIS site for placing the order and during subsequent visits. Similarly, by registering on the ZAG SKIS site, the CUSTOMER certifies that he is at least 18 years of age and has full legal capacity to contract with ZAG SKIS. The CUSTOMER certifies that the information provided is truthful, accurate, sincere and current. In no event shall ZAG SKIS be held responsible for the consequences of an incorrect or outdated entry. The CUSTOMER thus undertakes to update his account in all cases of change of address, change of telephone or e-mail address.


4. DESCRIPTION OF THE PRODUCTS.

The ZAG SKIS website offers a selected range of products. In accordance with Articles L 111-1 and L 113-3 of the french Code de la Consommation (hereinafter referred to as the “Consumer Code”, the essential characteristics and prices of our products sold electronically are available on the online sales site www.zagskis.com/nos-produits. The CUSTOMER may also consult the illustrative photographs, with the express understanding that products ordered might have slight differences to the photographed items. In all cases where the CUSTOMER has a technical query or wants additional information on any of the products sold on the Site, the ZAG SKIS Customer Service is at their full disposal:
- By telephone on +33 (0) 450 347 578 (price of a local call from a fixed telephone), each working day from 9 am to 5.30 pm;
- By email at: info@zagskis.com;
- By post at the following address: 2100 Route d'Argentière, 74400 Chamonix Mont-Blanc, France.


5. PLACING ORDERS.

All the steps leading to the sale are specified on the ZAG SKIS site. The CUSTOMER has the possibility, before definitive confirmation of his order, to verify the detail, the total price and to correct any errors. Upon confirmation of the order by the Customer, ZAG SKIS acknowledges receipt by electronic means as soon as possible. However, the sale is considered final only after confirmation of the order has been sent to the Customer by ZAG SKIS, confirming shipping of the items.


6. PRICES.

The prices of the products are indicated on the product information page in Euros, including sales tax but excluding delivery costs. The CUSTOMER is informed of the delivery costs of the products before the final validation of his order. All orders are payable in Euros. In accordance with the provisions of article L.221-11 of the Consumer Code, the CUSTOMER receives on delivery, for each item, written confirmation of the price paid detailing the price of the items and delivery costs charged to them, if applicable. 


7. PAYMENTS.

The payment of orders is made instantly online, in accordance with the instructions given in this regard during the validation process. The CUSTOMER is advised that ZAG SKIS does not collect or store any of the CUSTOMER'S banking data and that the payment of orders by bank card or PAYPAL is processed by our partners. Visa, Carte Bleu, Mastercard and American Express cards are accepted. All banking transactions are carried out in a dedicated part of the ZAG SKIS website in a secure way. The ZAG SKIS website provides the Secure Sockets Layer (SSL) standard form issued by the SOGENACTIF platform, which encrypts information to protect personal and means of payment details. As and when required, the CUSTOMER certifies that he is the legal holder of the bank card of which he is providing details and that he has all the rights necessary to use it. Regarding payment via PAYPAL, the CUSTOMER enters his associated email address and password after clicking on the Pay with PayPal button and then finally, from the interface of his PAYPAL account, validates the payment. Any order validated by the CUSTOMER is not considered final by ZAG SKIS until acceptance of payment by the internet server of SOGENACTIF or PAYPAL.


8. TERMS OF EXECUTION OF THE ORDER.

The ordered products are packed in cartons sealed with guarantee/security tape. It is important that the CUSTOMER verify that this tape is still intact before accepting receipt of the package. Products are offered for sale within the limit of available stock. If it transpires that an ordered product is unavailable, ZAG SKIS will notify the CUSTOMER by e-mail as soon as possible and propose rescheduling delivery. If the proposed time delay is not suitable, the customer may request that the sale of the unavailable product be cancelled and, if necessary, reimbursement of the sums already paid.


9. DELIVERY.

The delivery is made to the address detailed by the CUSTOMER when validating the online order. Several delivery dates are offered by ZAG SKIS at the time of the order according to the type of product and the place of delivery. In accordance with the provisions of the Consumer Code, delivery of the ordered goods will take place within the time period communicated by ZAG SKIS and, in the absence of a stated delivery period, no later than thirty (30) days from the date of confirmation of the order. In the absence of delivery within this period, the CUSTOMER may resolve the contract by registered letter with acknowledgment of receipt or by writing in another durable medium, if, after having instructed ZAG SKIS, in accordance with the same terms, to effect the delivery or service within a reasonable period of time, ZAG SKIS did not achieve this within this period. The contract is therefore deemed to have been cancelled upon receipt by ZAG SKIS of the letter or other written correspondence informing it of this cancellation, unless delivery has taken place in the meantime. ZAG SKIS is fully released from its delivery obligations upon receipt of the package by the CUSTOMER. The risks of loss, theft or deterioration of the products are then transferred to the Customer. Unless otherwise stated, the delivery costs are borne by the Customer and vary according to the type of product ordered and the address of the CUSTOMER. The cost of delivery is indicated before confirmation of the order. ZAG SKIS is able to arrange the delivery of ordered products throughout the European Union, to Switzerland as well as Iceland, Andorra Liechtenstein, Norway, Ukraine, Belarus, Bosnia and Serbia.


10. DEFECTIVE PRODUCT OR DELIVERY ERROR.

Upon delivery, the CUSTOMER must check the general condition of the package and the condition of the products delivered in order to report any damage without delay. If it transpires that products are damaged or do not correspond to the order, the Customer is asked to detail all observations on the delivery note and to clearly indicate the nature of the damage and/or error. Any discrepancies concerning the items (damage, missing item compared against the order form, damaged or open package, broken item, defective product...) must be reported within seventy-two (72) hours of delivery to ZAG SKIS in writing to info@zagskis.com. In the event of having accepted the delivery and then wishing to make a return, the CUSTOMER follows the return procedure described in article 15 below.


11. INTERNATIONAL ORDERS.

Any product to be delivered to another EU country is automatically subject to the VAT rate in France according to the EU regulations in force. Only orders destined for residents outside the European Union are invoiced exclusive of VAT, the VAT return being effected locally at the initiative of the CUSTOMER, who is the beneficiary of the product. Customers who are resident outside of the EU are advised to find out about import formalities, customs duties and any taxes due in respect of the importation into their country of ZAG SKIS products. It is also stipulated that the CUSTOMER is obliged to obtain any authorization required for their importation, from his national authority.


12. RETENTION OF TITLE.

ZAG SKIS retains full ownership of the goods sold until full payment of the price and shipping costs, as well as any interest and / or compensation for late payment has been made.


13. WARRANTY.

All products of ZAG SKIS benefit from a guarantee of conformity and a guarantee against hidden defects for a duration of two (2) years according to the rules described hereafter. If any of these warranties come into play, the products are exchanged for a new, identical product or one with equivalent or superior characteristics if the product is no longer marketed by ZAG SKIS. To make a warranty claim, the CUSTOMER should contact the ZAG SKIS Customer Service on +33 (0) 450 347 578 to obtain a claim number and then follow the procedure described in article 15 below.

 

As part of the legal guarantee of conformity, the following principles are set out in the Consumer Code:

Article L217-4: The seller delivers goods in conformity with the contract and will respond to any conformity faults present at the time of delivery. The seller will also respond to any conformity faults resulting from the packaging, the assembly instructions or the installation when suchconformity was covered by the contract or was performed under its responsibility

Article L217-5: The item is in conformity with the contract:
1° If it is suitable for the customary use of a similar good and, where appropriate:
- it corresponds to the description given by the seller and possesses the qualities which he has presented to the buyer in the form of a sample or a model;
- it presents the qualities which a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement of the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.

Article L217-7: Defects in conformity which appear within twenty-four months from the issue of the goods are presumed to exist at the time of issue, unless proven otherwise. For goods sold second-hand, this period is fixed at six months. The seller may challenge this presumption if it is not compatible with the nature of the item or the lack of conformity invoked.

Article L217-8: The buyer has the right to require the item to conform to the contract. However, he cannot challenge compliance by invoking a defect he knew of or could not ignore when he became a party to the contract. This stipulation also applies when the defect originates from the materials he himself has supplied.

Article L217-9: In case of lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller is not obliged to accept the choice of the buyer if this choice entails a cost manifestly disproportionate with regard to the extent of the problem, taking into account the value of the item or the extent of the fault. It is then obliged to proceed, unless otherwise impaired, with the alternative not chosen by the buyer

Article L217-10: If the repair and the replacement of the item is impossible, the buyer can return the item for a refund of the price paid or keep the item and receive a partial refund. The same right is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's claim;
2. Or if this solution cannot be without major disadvantage for the latter given the nature of the good and for the use he intends it.
The cancelation of the sale cannot however be imposed if the lack of conformity is minor.

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

Article L217-12: Any legal action prompted by lack of conformity is governed by a term of prescription of two years from delivery of the goods.

Article L217-13: The provisions of this section do not deprive the buyer of the right to seek legal recourse against defects that are prohibited by Articles 1641 to 1649 of the french Code Civil (hereinafter referred to as “Civil Law”) or any other action of contractual nature or extra-contractual right recognized by law.


As part of the guarantee of hidden defects, the following principles are set out in civil law:

Article 1641: The seller is liable for the hidden defects of the item sold which make it unsuitable for the use for which it is intended, or which so diminishes this use that the buyer would not have purchased it, or would have paid a lower price if he had known of their existence.

Article 1648 (1) of civil law : Legal action against defects must be brought by the purchaser within two years of the discovery of the defect.Article 1641: Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus.


It further states that this warranty covers only hidden defects affecting the products and excludes, in particular, from its scope of application the consequences resulting from accidents, normal wear and tear, misuse or abuse, non-compliance with instructions for use, lack of maintenance or improper use of such products.


14. RIGHT OF WITHDRAWAL.

The CUSTOMER has a period of fourteen (14) days from the date of delivery to exercise his right of withdrawal and waive the purchase of any product ordered, without having to justify or pay penalties, except for the costs of return that remain at his expense. This period begins at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the delay. When the fourteen (14) day period expires on a Saturday, a Sunday or a holiday or non-working day, the deadline is held over until the next working day.

In the case of an order for several products delivered separately or in the case of an order for a product composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last item or the last part. In order to exercise his right of withdrawal, the CUSTOMER informs ZAG SKIS of his clear and unequivocal wish to retract by completing the downloadable cancellation form by following this link and then by sending it to ZAG SKIS by e-mail to the address info@zagskis.com or by post to the following address: 2100 Route d'Argentière, 74400 Chamonix Mont-Blanc, France. The CUSTOMER then has a period of 14 days following the sending of his request for retraction to return the product ordered to Customer Service (Returns) of ZAG SKIS following the procedure described in article 15 hereafter. The costs of returning the products remain the responsibility of the Customer. THE CUSTOMER is fully advised that the right of withdrawal authorises him to test the product, that is to say to only carry out tests necessary to establish the nature, the characteristics and the satisfactory function of the goods ordered. The CUSTOMER shall be liable for all other usage resulting in the depreciation of the product which may lead to a refusal to refund the price of returned products and to their subsequent return to the CUSTOMER by ZAG SKIS.

In accordance with article L.221-24 of the Consumer Code, ZAG SKIS will refund all the sums paid by the CUSTOMER, including delivery costs, using the same means of payment as the CUSTOMER chose for the original transaction, unless another means of payment is expressly agreed to by the CUSTOMER. In any case, this reimbursement will not incur costs to the CUSTOMER. ZAG SKIS may defer refund until recovery of the goods or until the CUSTOMER has provided proof of the shipment of such goods. However, ZAG SKIS is not obliged to reimburse the additional costs if the CUSTOMER has expressly chosen a mode of delivery more expensive than the standard mode of delivery.


15. RETURN PROCEDURE.

For the return of the goods within the framework of the guarantees mentioned in article 13 above or in the exercise of the right of withdrawal referred to in article 14 above, THE CUSTOMER must follow the following procedure:

a) The CUSTOMER completes and signs the warranty return or return form for retraction and then sends it to ZAG SKIS Customer Service (returns) by e-mail to the following address: info@zagskis.com, or by postal mail to ZAG SKIS SARL - CUSTOMER SERVICE (RETURNS), 2100 route d'Argentière - 74400 Chamonix Mont-Blanc, France.

b) On receipt of the return form ZAG SKIS sends the CUSTOMER an acknowledgment receipt containing a return number and explaining the procedure for the return of the item. It is recommended that the customer print and then affix this return number on the package to facilitate the processing of the request.

c) Following the return instructions, the CUSTOMER packs the product in the original packaging, together with original labels, accessories, instructions for use and guarantee;

d) In ​​case of exercise of the right of withdrawal, the CUSTOMER is responsible for the return which must take place within 14 days following the dispatch of his request to return to ZAG SKIS. In the event of exercise of the warranty the CUSTOMER shall comply with the return procedure indicated by ZAG SKIS.

e) Upon receipt of the package, ZAG SKIS contacts the CUSTOMER by e-mail or by telephone and confirms to him, according to the reason for the return and under the conditions mentioned above, either the replacement with a new product or reimbursement equivalent to the original purchase price of the product.


16. AFTER SALES SERVICE.

ZAG SKIS provides after-sales service for its products. If you have any questions regarding the delivery of an order, our Customer Service is available on +33 (0) 450 347 578 (price of a local call from a fixed line), each working day from 9:00 am to 5:30 pm or via email at following address: info@zagskis.com. The average processing time for a service request is 4 to 8 weeks.


17. INTELLECTUAL PROPERTY.

The CUSTOMER is also advised that these terms and conditions do not confer any intellectual property rights to the models, patents, trademarks or literary and artistic property rights held by ZAG SKIS.


18. ARCHIVING AND PROOF OF TRANSACTIONS.

The Parties agree that all information stored within the computer system of ZAG SKIS will have probative force in the event of a dispute concerning the interpretation or the execution of the present GCS. The CUSTOMER is advised that in the event of a dispute, electronic evidence (such as e-mails, login files, back-up copies, etc.) can be used as a valid and enforceable means of proof. The information required to establish proof of the agreements entered into with the CUSTOMER shall be retained for a period of 10 years.


19. DATA PROTECTION ACT.

ZAG SKIS declares and warrants to the Customer that it acts in full compliance with the provisions of french Law No. 78-17 of January 6, 1978 that pertain to information technology, database and civil liberties. The computerized processing system of ZAG SKIS is the subject of a declaration dated... under number... By placing an order on the ZAG SKIS website, the CUSTOMER authorises the collection, use and transfer of his personal data in accordance with the legal provisions concerning the processing of such data.

The information supplied by the CUSTOMER relative to orders is intended for ZAG SKIS and is used for the processing and the follow-up of said orders, the after-sales service of the ordered products , marketing purposes and customer relations. This data may be transmitted to ZAG SKIS providers for order processing and after-sales services as well as for marketing purposes and customer relations. This data may also be communicated to the partners of ZAG SKIS for the purpose of prospection by non-electronic means, notably by post or telephone. The CUSTOMER can at any time oppose such communication by simple letter sent with proof of identity to : ZAG SKIS SARL - Personal Data Service - 2100 Route d'Argentière, 74400 Chamonix Mont-Blanc, France. The customer may request the reimbursement of the cost of postage (stamp) by specifying it within his communication. Postage refund is made on the basis on the basis of one stamp per envelope, applying the current rate of economy mail.

In accordance with the provisions of the Loi Informatiques et Libertés (french Data Protection Act) of January 6, 1978, the CUSTOMER has at all times a right of access, opposition, rectification, and deletion of their personal data. The CUSTOMER may at any time exercise these rights by simple letter sent with proof of identity to : ZAG SKIS SARL - Personal Data Service - 2100 Route d'Argentière, 74400 Chamonix Mont-Blanc, France. The customer may request the reimbursement of the cost of postage (stamp) by specifying it within his letter. Postage refund is made on the basis on the basis of one stamp per envelope, applying the current rate of economy mail.


20. APPLICABLE LAW AND DISPUTES.

THE PRESENT GCS ARE SUBJECT TO FRENCH LAW. In case of dispute the CUSTOMER, can firstly contact the ZAG SKIS Customer Service in an attempt to find an amicable solution.

Pursuant to Articles L612-1 and those following of the Consumer Code, professionals must inform their consumer clients of the possibility they have to use a mediation service to settle their dispute, and also provide contact details of the competent mediator.

ZAG SKIS informs the Customer that it is a member of the Fédération du E-commerce et de la Vente à Distance (FEVAD - french federation of e-commerce and distance selling), and the Service de Mediation du E-Commerce (E-Commerce Mediation Service) at 60 rue la Boétie 75008 PARIS / relationconso@fevad.com). This alternative service for impartial, confidential and fast resolution of disputes is organized by FEVAD. For more information, the CUSTOMER can at any time refer to the information page about complaints and appeals on the FEVAD website.

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

In the absence of an amicable agreement between the Parties, the CUSTOMER can elect to have the case heard by a court in his country of residence or by a FRENCH TRIBUNAL.




RETRACTATION FORM


Before returning your product, we kindly ask you to complete this form in capital letters and send it to the following address: ZAG SKIS CUSTOMER SERVICE (RETURNS), 2100 route d'argentière - 74400 Chamonix Mont-Blanc - FRANCE together with your item/s. This information will allow us to process your return as quickly as possible.

 

For the attention of ZAG SKIS - Customer Service (returns) - 2100 Route d'Argentière 74400 Chamonix Mont Blanc.

 

I hereby notify you of my withdrawal from the contract of sale for the following item:


Customer name:



Customer address:



 Customer email address:



Number and date of order:



Date of receipt of order:




The customer shall bear the postal costs of returning the goods in the event of withdrawal and/or any other cost of return if the goods cannot normally be returned by post.


Client's signature



_______________________________



Place/Town :

Date :






RETURN FORM


Before sending your product, we kindly ask you to complet this form in capital letters and send it to the following address: ZAG SKIS SERVICE CLIENTS (RETOURS), 2100 route d'Argentière - 74400 Chamonix Mont-Blanc – FRANCE with your item(s). This information will allow us to process the return as quickly as possible.


Customer and order information :

 

Customer name:



Customer address:



Phone number:



Email address:



Number and date of order:



Date of receipt of order:



The customer shall bear the postal costs of returning the goods in the event of withdrawal and/or any other cost of return if the goods cannot normally be returned by post.

 

Client's signature



_______________________________



Place/Town :


Date :