Terms and conditions

EFFECTIVE FROM OCTOBER 2018

The website https://www.deneriaz-ski.com/ is operated by SAS DENERIAZ, a company with share capital of EUR 299,046.00, registered in Annecy (74) under RCS number 839 686 219, hereinafter referred to as “the Seller”.

These terms and conditions are valid from 01/10/2018.

FOREWORD

The website https://www.deneriaz-ski.com/ is intended for the presentation and sale of DENERIAZ products.

DENERIAZ products are the property of SAS DENERIAZ, whose head office is at 646 route du Couardet, DOUSSARD (74210). SAS DENERIAZ markets a range of skis, ski masks, ski helmets and sunglasses.

For logistical reasons, orders will be immediately transferred to SAS DENERIAZ, who will then take care of shipping.

For all enquiries (orders, deliveries, after-sales service or any other), SAS DENERIAZ customer service will be happy to answer your questions.

SAS DÉNÉRIAZ (Workshop/ Shop)

160 Impasse du Bois

74210 DOUSSARD

+ 33 (0)4. 50. 63. 84. 98

SAS Dénériaz cannot be held responsible for any problems concerning deliveries or the products themselves. SAS DENERIAZ guarantees the deliveries and the products themselves.

ARTICLE 1. SCOPE OF APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale apply to all orders placed on the website https://www.deneriaz-ski.com/ (hereinafter referred to as “the Site”).

https://www.deneriaz-ski.com/ reserves the right to adapt or amend these General Terms and Conditions of Sale at any time. If they are amended, each order will be governed by the General Terms and Conditions of Sale in force on the date the order is placed.

Confirmation of acceptance of the general terms and conditions of sale in force on the day the order is placed will be requested before the order is placed.

The user must be at least 18 years old, be legally capable of entering into a contract and use this site in accordance with the General Conditions.

The resale or distribution of products purchased on https://www.deneriaz-ski.com/ is prohibited.

ARTICLE 2. PRODUCT AVAILABILITY

Product offers and prices are valid as long as they are visible on the site, while stocks last.

In the event that a product is unavailable after you have placed your order, we will inform you by e-mail with acknowledgement of receipt or by telephone as soon as possible, offering you either to order another article presented on the site as a replacement, or to cancel your order.

If you choose to cancel your order, you will be refunded immediately if your bank account has been debited.

If a product is out of stock, the site undertakes to inform you and refund you within thirty days at the latest.

ARTICLE 3. ORDERS

The Site https://www.deneriaz-ski.com/ enables customers in mainland France, Andorra, Switzerland, Monaco and Europe to order a selection of DENERIAZ products online.

The delivery zone for products ordered on the site is limited to certain countries: Metropolitan France, Andorra, Switzerland, Monaco, Europe.

For orders from countries other than those listed above, please contact customer service.

For each product selected on the site, a summary page will be displayed with the item description, color, size, references, quantity selected, unit price and total order price.

Please check the accuracy of your selection before confirming your order.

Upon confirmation, your order will be sent to the company for processing. While every effort is made to ensure that the color and pattern of the products whose photos are displayed on the site are faithful to the original products, variations may occur, notably due to the technical limitations of color rendering on computer equipment.

Consequently, https://www.deneriaz-ski.com/ cannot be held liable for any inaccuracies in photographs or graphic representations of products displayed on the Site, as photographs are not contractually binding.

If you have any questions about our products, please contact SAS DENERIAZ customer service.

ARTICLE 4. ORDER VALIDATION

Any order form signed by the consumer by “double-clicking” constitutes an irrevocable acceptance which can only be challenged within the limits set out in these General Terms and Conditions of Sale.

Validation of your order implies acceptance of these Terms and Conditions in their entirety.

The “double click” associated with the authentication and non-repudiation procedure and the protection of message integrity constitutes an electronic signature. In accordance with the law of March 13, 2000, this electronic signature has the same value between the parties as a handwritten signature.

It is expressly agreed that the data stored in the information system of https://www.deneriaz-ski.com/ constitutes evidence of orders placed by the customer. Computerised or electronic data constitutes valid evidence and is admissible under the same conditions and with the same evidential value as any document created, received or retained in writing.

Pursuant to Article L. 134-2 of the French Consumer Code, where an order amounts to EUR 120 or more, https://www.deneriaz-ski.com/ retains the written record of the electronically concluded contract from the date of conclusion until delivery of the goods and for ten years thereafter. You may request access to this document at any time, subject to verification of your identity.

ARTICLE 5. PRICE - PAYMENT

Product prices are quoted in EURO and include all taxes.

SAS DENERIAZ reserves the right to modify the prices of the products offered on the site at any time and without prior notice. Products are invoiced in accordance with the prices displayed on the site at the time of validation of your order, subject to availability of the products ordered.

Any order placed on https://www.deneriaz-ski.com/ will be charged immediately after the order is confirmed.

BANK CARD

https://www.deneriaz-ski.com/ reserves the right to refuse delivery or decline an order from a customer who has failed to pay all or part of a previous order or with whom a payment dispute is being processed.

All orders are payable in euros. Credit cards accepted are : MasterCard, Visa linked to a bank account domiciled in the countries of the European Union where deliveries are made (see list in article 7).

The order will only be dispatched once the method of payment has been verified and the card has been authorized to be debited.

Your credit-card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the bank. https://www.deneriaz-ski.com/ never has access to these details and does not store them on its servers; you are therefore asked to enter them again for each new transaction on our Site.

For your security and to protect you against issues caused by a lost or stolen bank card, payments on https://www.deneriaz-ski.com/ are secured by the 3-D Secure system. A security code will be sent to you by text message, or by landline if you do not have a mobile phone, so that you can confirm your order at the final step.

ARTICLE 6. RETENTION OF TITLE

The products ordered remain the property of SAS DENERIAZ until full payment has been received. In the event of a payment incident, you undertake to return the products received to SAS DENERIAZ on first request.

For sales to Metropolitan France, the transfer of risk takes place when the goods are handed over to the carrier or directly to the customer.

On the other hand, you assume the risks (in particular of loss, theft or deterioration) concerning the products delivered and this on the effective date of delivery.

ARTICLE 7. DELIVERY

7.1. DELIVERY ZONES

Products purchased on https://www.deneriaz-ski.com/ can normally be delivered to mainland France, Andorra, Switzerland, Monaco and Europe. Delivery addresses outside these territories will be reviewed by the sales department and require an approved quotation. The following delivery addresses are not accepted: post-office boxes, hotels, CEDEX addresses and military bases.

Products are shipped to the delivery address(es) you have indicated during the order process.

If the recipient of the order is absent at the time of delivery, the carrier will leave a delivery notice and the customer or recipient will have 15 days to collect the parcel according to the terms indicated on the delivery notice. Once this period has elapsed, the order will be automatically returned to SAS DENERIAZ's logistical sites, and SAS DENERIAZ will contact the customer to define the conditions of a possible reshipment. The customer will then be invoiced for the cost of processing this new delivery.

7.2. TERMS OF DELIVERY

Shipping costs are calculated according to the country of destination.

Delivery is free for all orders over €200 to France.

Average delivery times are 5 working days for mainland France and 10 working days for other destinations.

The times indicated are average times and correspond to the processing, preparation and dispatch times of your order (ex-warehouse). They start as soon as the order is validated. To this must be added delivery time.

All orders will be accompanied by a summary document indicating :

- Seller identification and contact details

- Delivery charges

- Payment and delivery terms

- Product name and references

- The price

- Address for complaints

- After-sales service information

- PDF retraction form/return form

Information required by article L 121-19 of the French Consumer Code

7.3 DELIVERY PROBLEMS

Any default or delay in delivery exceeding 7 working days must be reported to SAS DENERIAZ Customer Service.

In the event of a delay in shipment, we will send you an e-mail. In this case, and as long as the product has not been dispatched, you can always cancel your order. You will then be reimbursed immediately if your account has been debited.

If you receive the product after the cancellation of your order, you must return it to us complete and in its original condition to enable us, on receipt, to proceed with its reimbursement in accordance with the provisions of article 9.

You must check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note.

You must indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, etc.). This verification is considered to have been carried out once the purchaser, or a person authorized by the purchaser, has signed the delivery note.

If the delivery person refuses to wait, be sure to indicate on the delivery note “the delivery person did not want to wait for the item to be unpacked”.

You must also report any anomalies by registered mail and confirm your reservations to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to : SAS DENERIAZ -646 route du Couardet, 74210 DOUSSARD.

In the event of non-conformity of the products purchased or if you are not satisfied with them, you may return them or request an exchange or refund under the conditions set out in articles 8 and 9 below.

ARTICLE 8. RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 et seq. of the French Consumer Code, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him in exchange for a refund of all sums paid, including delivery costs, and no later than 14 days from the date on which SAS DENERIAZ receives the returned product.

Before returning any item, please fill in the retraction/return form sent with the order confirmation and enclose it with the returned item (see return procedure). The product must be returned in perfect condition, in its original, undamaged packaging. It must be accompanied by all accessories. (booklet, protective cover, etc.).

Otherwise, you will lose your right of withdrawal and the product will be returned to you at your expense.

Exclusions:

The right of return cannot be exercised for all personalized and custom-made products. Similarly, products that have clearly been worn will not be accepted. Products that have been used and cannot be put back on sale are also excluded.

Return costs in the event of retraction remain the responsibility of the customer. To ensure tracking of your parcel, please choose to send your return by Colissimo.

Products must be returned with the purchase invoice and the completed returns form to the following address: Center logistique ECTRA - 110 route des Combes, 74330 SILLINGY, France.

As soon as we receive the returned product in our warehouse, you will receive an e-mail informing you that the refund will be processed within 14 days at the latest.

ARTICLE 9. RETURN - EXCHANGE - REFUND

In the event of non-conformity of the order, the customer may return the product(s) received. In this case, in order for the return to be accepted, the customer must inform Customer Service under the following conditions:

- Within 14 days of delivery in the event of retraction, defect or if you have not received the correct part number

- After manifestation by the customer and verification of the hidden defect in compliance with legal conditions

- Any complaint made outside this deadline cannot be accepted.

In the event of exercising the right of withdrawal, or if you have not received the correct reference, the return of the product can only be accepted for products in perfect condition, in their original condition and packaging, if applicable. possibly unworn, with all accessories.

In the event of a defect, you must return the damaged item to us, even if it was delivered to you completely broken. You should therefore under no circumstances throw away the items.

The products must be returned, accompanied by the purchase invoice, and the return slip to the following address:

Centre logistique ECTRA – 110 route des Combes, 74330 SILLINGY, France.

Upon receipt of the item and after observing the damage, we will reimburse the costs incurred (order and transport costs) within 14 days upon presentation of invoices.

Concerning the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund must be made, it will take place within fourteen days of receipt of your return.

ARTICLE 10. CONTRACTUAL GUARANTEE

Products purchased on https://www.deneriaz-ski.com/ may be covered by a warranty. For information about the procedure to follow for after-sales service in the event of a product issue, please contact Customer Service. To benefit from the product warranty, you must retain the purchase invoice.

The certificates of conformity for our products can be downloaded by you via the following link:Certificats de conformité

ARTICLE 11. CUSTOMER SERVICE

For any information or questions, our Customer Services are at your disposal.

You can thus attach:

SAS DENERIAZ (Atelier/ Boutique)

646 Route du Couardet

74210 DOUSSARD, FRANCE

+33 (0) 4 50 63 84 98

ARTICLE 12. LIABILITY

SAS DENERIAZ (owner of the website https://www.deneriaz-ski.com/) cannot be held liable for failure to perform the concluded contract due to an event of force majeure, including a total or partial strike affecting postal services or carriers, or disasters caused by flooding or fire.

With regard to purchased products, SAS DENERIAZ (owner of the website https://www.deneriaz-ski.com/) accepts no liability for any indirect loss arising from these terms, including loss of business, loss of profit, damage or costs that may occur.

In the event of non-delivery of an order or part of an order, you have a maximum of one month (from the date of departure from our warehouses) to protest. Beyond this period, we will not accept any complaints.

ARTICLE 13. INTELLECTUAL PROPERTY

The website https://www.deneriaz-ski.com/, its content and all of its constituent elements are creations for which SAS DENERIAZ holds all intellectual-property rights under copyright, database rights, trademark law and design rights.

The site, as well as the databases, texts, information, images, photographs, graphics, logos, sounds or any other data contained on the site remain the exclusive property of the company SAS DENERIAZ.

The user is granted a non-exclusive, non-transferable and private right to use the site and the data contained on the site. The right thus granted consists of a right to consult online the data and information contained on the site. This right of use is intended only for strictly private use.

Any other use of the site, in particular commercial, on the part of the user is prohibited. The user is prohibited in particular from reproducing, selling, distributing, transmitting, translating, adapting, disseminating and communicating in full or in part in any form whatsoever any elements, information or data on the site.

In addition, the user is prohibited from introducing, by any means whatsoever, data likely to modify or harm the content or presentation of the site.

Any hypertext link with the site, whatever the type of link, must be subject to prior authorization from the company SAS DENERIAZ.

ARTICLE 14. PROTECTION OF PERSONAL DATA

The information communicated by the user on the site makes it possible to process and execute their orders.

For more information, please consult the Personal Data page

Other requests for information requiring an optional response, or information relating to the user's interest in the offers likely to be sent to them, are intended to get to know them better and to improve the services offered to them.

The company SAS DENERIAZ may send the user information enabling them to benefit from promotional offers published on its site in strict compliance with the provisions of the law "for confidence in the digital economy" and the law " information technology and freedoms" modified, subject to the prior consent or opposition of the user.

Furthermore, the company SAS DENERIAZ transmits information relating to the user's order to its insurer. This transmission allows the company SAS DENERIAZ to fight against bank card fraud.

The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of the contact details relating to the order of the user who is at the origin of this unpaid within an incident file of payment implemented by the insurer and placed under its responsibility.

In accordance with the amended French Data Protection Act of 6 January 1978, users have the right at any time to access, amend, rectify and delete their personal data. This right may be exercised by sending an email via the Site’s “Contact” section or by writing to SAS DENERIAZ, owner of https://www.deneriaz-ski.com/, at: SAS DENERIAZ, 1967 Voie Romaine, 74230 DINGY SAINT CLAIR.

ARTICLE 15. APPLICABLE LAW

These General Conditions of Sale are governed and interpreted in accordance with French law.

Any dispute relating to their interpretation and/or execution falls to the French Courts.

For any consumer dispute that has not been resolved directly with the company, the individual consumer can contact the consumer mediator:

- Online: https://mediateur-consommation-smp.fr/

Or via the following link: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en

-By mail to Société Médiation Professionnelle - Consumer Mediator

24 rue Albert de Mun

33 000 BORDEAUX