GENERAL TERMS OF SALE
These Terms and Conditions ( hereinafter "Terms and Conditions ") apply exclusively to commercial transactions between :
- Firstly , the company SNOWIDE Genva SA ( SA capital CHF 100 000 , headquartered 4 Park Street , 1207 Geneva - Switzerland , registered in the commercial register of the Canton of Geneva under the federal number CH- 660.0 . 012011-3 ) , hereinafter referred to as "Seller" or " SNOWIDE "
- Secondly , any natural or legal person wishing to make a purchase via the website merchant Snowide : www.apo - snow.com , hereinafter referred to as " Customer" or "Purchaser "
ARTICLE 1: PURPOSE AND SCOPE
These general conditions of sale define the contractual relationship between the Buyer and Snowide and conditions apply to all purchases made through the merchant site Snowide (hereinafter "the Site" ) or by any other means that Buyer either professional or consumer .
The acquisition of a product or service by the Buyer to SNOWIDE , particularly through the Site, involves an acceptance by Buyer of these terms of sale.
These conditions shall prevail over any other general or special conditions not specifically approved by Snowide .
Snowide reserves the right to modify these terms and conditions at any time . In this case, the conditions will be those in force at the date of the order by the Buyer .
ARTICLE 2: CAPACITY
Buyer agrees to have the legal capacity or holds parental permission , allowing him to place an order on the Site.
ARTICLE 3: CHARACTERISTICS OF GOODS AND SERVICES OFFERED
The products and services offered are those listed in the catalog published on the Site , subject to improvements and changes .
However, in the event of errors or omissions occur in the presentation of products , the responsibility can not be held Snowide
These products and services are offered within the limits of available stocks.
Each product is accompanied by a description allowing the Buyer to know their essential characteristics and price.
The photographs in the catalog are as accurate as possible but can not ensure a perfect similarity with the product, especially with regard to color. They are not contractual
ARTICLE 4: HOW TO ORDER
4.1. Terms ordering
Generally , the buyer who wishes to purchase a product or service must , on the site:
- Fill in the form of identification which show and all contact details and information requested ,
- Validate the order after reviewing it ;
- Make payment as provided ;
- Confirm the order and payment.
The buyer selects the products they wish to buy .
It confirms his choice of product ( s) and acknowledges and accepts these Terms and Conditions by clicking validation .
Click validation after completing the order , is the confirmation of the order by the Buyer , and constitutes an electronic signature of the same value as a handwritten signature.
However, the contract of sale between the buyer and Snowide is subject to the condition subsequent that the product is available. The contract will be effective only after sending an e-mail confirming the registration of the order by Snowide .
After registration of the order , a printable detailed invoice by the Buyer will be available on the website under " Your Account ".
In any event , the Seller reserves the right not to accept an order from a customer that is not current in the payment of a previous order or with whom it is in dispute.
4.2 . Distinctive past by dealers or retailers commands ( called "professionals" )
The "professional" Buyers identify the site using their id tag and password , and access to a private section of the site .
They order under the conditions referred to in this Article 4, but have conditions payment terms tailored to their quality , in particular on the volume control .
4.3. Information provided when ordering
Customer is responsible for the accuracy and completeness of the information of his account and his order to ensure proper treatment. Thus, in particular , the Customer's address and the delivery address of the order are referred to as its sole responsibility. Snowide can not guarantee the consequences or be held responsible for delays or additional costs of delivery of erroneous or incomplete information . The costs incurred by consecutive Snowide to errors or inaccuracies on the information provided by the Customer will be charged to the Customer, in particular the cost of returning the order.
4.4. Controls to prevent fraud
In order to prevent fraudulent use of payment , accounts receivable , shipping addresses , and to further secure transactions for customers, Snowide carry out checks on the orders placed by its customers .
Under these controls, it may be asked to type customer documents : proof of identity and / or home , and for companies : extract KBIS less than three months.
Under these controls, if the documents were not provided or if they do not establish with certainty the identity of the author of the order and the reality of domiciliation Snowide could cancel the order and reimbursements for these commands might then be made without a number of tests needed to identify the payer of the order.
4.5. Stock and Availability
A product mentioned "in stock" is this principle in specific stocks Snowide .
However, the actual availability of a product can change quickly depending on the sales of the Site or the stock of products from suppliers.
Snowide can not be held responsible if the only time availability of the products and their delivery is modified . In the event of unavailability of a product after passing control Snowide contact the Customer as soon as possible , by phone or by email . Buyer may choose to maintain the order or cancel .
In the latter case , Snowide make the refund within thirty ( 30) days after payment of the Buyer. The refund will be made to the billing address recorded when ordering by Buyer and via bank transfer or Paypal if necessary .
Once the order has been confirmed and validated , and the settlement reached, the products are sent by Snowide in the manner set out below in section 7.
ARTICLE 5: PRICE AND PAYMENT ARRANGEMENTS Formalities
Selling prices are set by Snowide and are those appearing on the Site at the time of validation of the order .
Prices include , at the option of the Client in Euros ( € ) , Swiss franc (CHF) , all taxes included French , and are firm and final .
The Customer has a drop down menu to choose the currency and set in the selected currency.
They do not include shipping and other costs related to the processing order of the Buyer , which will be charged extra and indicated before the validation of the order by the Buyer fees .
Snowide reserves the right to change prices at any time, except that the prices listed on the site at the time of validation of the order shall be applicable only to the Buyer.
5.2. Peculiarities of export orders and Customs Duties
All orders shipped outside the EU and overseas territories will be automatically billed with all taxes included.
Please note that by ordering on the Site, you are considered the importer and must comply with all laws and regulations of the country where you will receive the goods. Cross-border deliveries may be subject to opening and inspection by customs procedure.
The sale price plus taxes, shipping and all other accessories price is payable to the order. However Professional Clients will have payment term depending on the size of their order.
All orders , whatever their country of origin or delivery , is payable at the option of the Customer, in one of the following currencies: Euro ( € ) , Swiss franc (CHF).
We only offer payment via Master Card , Visa, American expression , Paypal, Paypal Integral Evolution and PostFinance Card.
The financial information of the Customer we are never reported.
Snowide therefore retains no data on the card and bank details of the customer.
Paypal: PayPal encrypts and protects the card number . The customer pays online by simply entering their email address and password.
PostFinance : Certificate PCI DSS - Payment Card Industry Data Security Standard .
Our Payment Service Providing platform is certified PCI DSS .
Available here: https://www.postfinance.ch/content/dam/pf/de/image/seg/biz/product/eserv/epay/pci_certificate_img.jpg
ARTICLE 6: DEFAULT OF PAYMENT AND RESERVATION OF OWNERSHIP
The products remain the property of Snowide to the full and effective receipt of the price, shipping and taxes.
In case of default of payment , the Buyer shall return the goods concerned to Snowide , plus return to his office, under penalty of prosecution.
Any attempt of fraudulent use of a payment method will also be subject to prosecution.
ARTICLE 7 : DELIVERY
7.1. Terms of delivery
Deliveries are carried out by professional carriers.
They are made to the address indicated by the Customer in the order process on the Site.
In case of error in the coordinates, Snowide can not be held responsible for failure of delivery. In this case, the costs of re-delivery will be borne by the Buyer and charged at actual cost.
The risks are borne by the Buyer from the time the goods have left the premises Snowide . In case of damage during transport, the complaint must be made to the carrier upon receipt .
The delivery is made upon delivery of the product to the Buyer. The delivery provided by the carrier, dated and signed by the Buyer upon delivery of the order constitute evidence for transport and delivery .
7.2 . Location of delivery of goods and services
Products and services offered on the Site are delivered unconditionally in the following countries to the exclusion of all others, divided into different areas :
- Zone France : France , Monaco , Time : 48H
- Europe Zone 1: Belgium, Luxembourg , Netherlands . Time : 48H - 72H
- Europe Zone 2: Austria, Spain , UK , Italy. Time : 48H - 72H
- Europe Zone 3: Croatia , Denmark, Estonia , Finland, Hungary , Ireland, Latvia , Lithuania, Poland , Portugal , Czech Republic, Slovakia, Slovenia , Sweden. Time : 72H - 96H
- Zone 4 Europe : Greece , Romania, Bulgaria , Time : 96H - 120H
- Zone World: Andorra, Iceland Liechteinstein , Norway , Ukraine, Bielo Russia , Bosnia, Serbia , time : 120H - 240H
- Zone Switzerland Time : 48H- 72H
SNOWIDE reserves the right to use 'filter- country "on the site to block orders from countries not listed above.
Customer wishing delivery in a country not mentioned above may, however, contact the Customer Service SNOWIDE to consider delivery under special arrangements .
7.3 . Shipping
Delivery charges are indicated to the Customer at the time of confirming the order . They are functions of the volume and weight of the package to be delivered, and the distance from landfills, the Seller, the mode of transport used and the area of delivery .
They are supported by the Customer in addition to the sale price .
7.4 . Delivery
Delivery times are for illustrative purposes only , but Snowide is committed to do its utmost to deliver the products within the time specified to Buyer when ordering .
Snowide informs its Customers that delivery times are counted as business days ( and do not include Saturdays , Sundays and holidays).
The limits do not take into account any controls to prevent fraud mentioned in paragraph 4.4 . " Controls to prevent fraud ."
Timely shipments always take effect on the date of the Order ( which consists of the actual and full payment is received by Snowide ) + 24 hours (for order processing ) .
In principle, all products of an order are shipped together, the delivery of the entire order will be the one applicable to the product with the longest period of delivery.
However, in case of partial unavailability of the products constituting an order, Snowide may, at its option, be compelled to split the shipments. Thus, the products will be shipped first time, the balance of the order will be shipped when the other Products are available without generating additional cost to the Client.
An email is automatically sent to the Customer at the time of shipment of goods , subject to the specified e-mail in the registration form does not contain error address.
7.5 . Delay in delivery
If the delivery exceeds thirty ( 30) working days during the agreed period of the order, the contract may be terminated and the Buyer refunded. The Purchaser shall then notify its intention to terminate the contract of sale under practical conditions referred to in Article 8 above .
If strike the postal services , carriers or other exceptional event slowing or preventing the delivery of parcels, Snowide put all the means in place to inform the customer of the status of the shipment of the package, but can not be held responsible for delays caused. As an exception to what is provided above, the sale will not be terminated even if the delivery delay exceeds 30 days , solely because of these events.
In case of failure in the delivery of the ordered products the customer is notified by email or phone break . In this case, the delivery period begins to run upon receipt of the products out .
In case of delay in delivery caused by a failure of the carrier, and that the responsibility of Snowide being incurred , it will accompany the client in dealings with carriers without guaranteed results .
7.6. Withdrawal of products in the absence of the Buyer
In case of absence at the time of delivery, the carrier will leave a notice at the delivery address specified by the Buyer . The order must be removed at the address and in the manner specified by the carrier.
In case of non - withdrawal within the time allowed by the carrier, the order will be returned to Snowide , which reserves the right to refund the price , the shipping to be borne by the Buyer.
7.7 . Checking the status of the package upon delivery
Snowide recommends that the Buyer to check on delivery and in the presence of the carrier content, and compliance status of the parcel .
In the event that the Buyer would have any doubt of any kind on the state or the contents of the package , it will check the condition of goods received and issuing handwritten reserves precise , dated and signed. Checking the package are deemed to be made and can no longer be challenged, when the Buyer or any person entitled to receive the parcel signed delivery .
If necessary , it is the Buyer to exercise any claims against the carrier by registered letter with acknowledgment of receipt within three ( 3) business days of receipt and send a copy to Snowide letter.
After this period, the product will be deemed received as such by the customer, who can no longer rely on a delivery error or defect.
Responsibility Snowide in no way be put into question.
ARTICLE 8 RIGHT OF WITHDRAWAL
8.1. Principle of the right of withdrawal
Accordance with the legal provisions in force, the non-professional buyer has a period of 7 days from the receipt of ( these) product (s) ordered to perform , with Snowide his right of withdrawal, without reasons or to pay a penalty .
Upon exercise of the right of withdrawal within the aforementioned period , only the price of the product purchased (s) and shipping will be refunded the return shipping cost to be borne by the Buyer.
The Customer shall take care to send the new product in its original packaging , intact, with all possible accessories, manuals and documentation , allowing its remarketing in new condition.
If the product has been tested or used by the Customer, the right of withdrawal may be exercised .
Accordingly, Snowide reserves the right to re-invoice the additional costs generated by non -compliant returns ( missing items, repackaging, ... ) , or do not accept the return of the product. In the latter case , the product will be forwarded to the Customer 's expense.
Reimbursement of returned products is performed by Snowide via Paypal or bank transfer no later than 30 days after the date the returned goods have been received by the Client.
8.2 . Return Procedure
The return is at the sole responsibility of the Customer and any risk of returning goods (damage, theft, breakage ) will be borne by the Client. Snowide can not be held responsible for customs fees or any other fees that the client would have to meet in return and the return of the parcel .
Customer will have to go on his account and on the "my orders" section at www.apo-snow.com.
Customer will press the "details" button regarding his order which he wants to return.
Customer will have to select the products he wants to return, provide a reason for its return and press the "generate a return" button.
Then that return will pe pending of approval by Snowide.
When Snowide has approved the return, customer will receive an e-mail which valids his request.
Customer will have to go on his account in the "products return" section
Customer will have to print the product return slip in PDF format.
To receive the package back, SNOWIDE contact and propose to Client:
Snowide reimburse the Buyer as soon as possible and no later than thirty (30) days following the date of withdrawal. Reimbursement will be made directly to the billing address recorded when ordering by the Buyer via PayPal or bank transfer .
Use within 1 year from the date of purchase on the Site.
ARTICLE 9: CLAIMS - PRODUCT COMPLIANCE
All products supplied by Snowide are subject to the legal guarantee provided by Article 1641 of the Civil Code.
Regardless of the procedure to commit vis-à- vis the carrier where it is found damaged parcels delivery, the Buyer has the option to report within 3 days of delivery of the Product, including any claim related to non- compliance or defect items delivered the following criteria :
- Nonconforming product : the product received does not match the product ordered .
- Damaged product : the product received is damaged or broken.
To allow proper identification of the origin of the damage to the Product, the Purchaser shall attach to his application pictures ( Product and packaging ) to demonstrate compliance or non delivery
All claims , requests for exchange or refund must be made electronically to the following address: firstname.lastname@example.org
or by post to the following address:
SNOWIDE SAS Glaisins Park Avenue Pre Closet 8, 74940 Annecy -le-Vieux , FRANCE
If necessary , the claims are settled directly between the Buyer and Snowide .
After this period and failing to comply with this formality , the items will be deemed compliant and free from defect and no claim can be validly accepted by Snowide .
Declaration of non-compliance should be established by Snowide after receipt of product.
If the apparent defect or lack of conformity of the article is found , Snowide undertakes to replace the item depending on availability or refund the Customer within the shortest possible time and at his own expense . In such cases, Snowide also reimburse return incurred by the Client.
Refund or replacement will occur in the following maximum period of thirty (30) days from the date of receipt of goods by Snowide performed and the billing address registered when ordering by Buyer via PayPal.
If the apparent defect or lack of conformity of the product is not found , the dispute will be declared either return the ordered product, or refund , at the discretion of the Seller.
Snowide and Buyer will use their best efforts to reach an amicable resolution of the dispute. If no amicable solution can not be reached, the dispute will be resolved in accordance with Article 15 below.
ARTICLE 10: MANUFACTURER WARRANTY AND AFTER SALES SERVICE
Buyer receives the guarantee given by the manufacturer of each product . Unless otherwise specified products are warranted for two (2) years from the date of purchase for products of the current season , and one (1 ) year from the date of purchase for products previous seasons .
Snowide can not be held responsible for the misuse and / or heavy use of items that could make the Client.
The service is provided by Snowide , except for third-party products for which it is provided by the supplier.
The process of any support service is as follows:
1 - The Customer address Snowide a photo even if the fault is not apparent and clear description of the problem by email at email@example.com , specifying the order number .
2 - Snowide address by e -mail a return form enclosed with the shipment.
3 - The client sends to Snowide the product with the document and return a copy of the purchase invoice. The return shipping costs are the responsibility of the Client.
4 - Upon receipt of the package, the product is sent to the manufacturer with the description of the communication problem
5 - The manufacturer shall perform a detailed product expertise for possible support service . This ensures that such failure is not due to abnormal use of the product.
6 - Snowide inform you of the decision taken by the manufacturer.
IMPORTANT: Snowide follows the policy of the manufacturer in the case of support for a service . If the repair or exchange the product Snowide return it to the Customer. If the manufacturer having to address a Snowide , it will establish a credit to the Customer , but in any case a refund. If the manufacturer believes that it is not necessary to support the product will be returned to the Customer at the state 's expense.
For information, the average processing time for a service is 1 to 2 weeks .
Where applicable, the Customer may contact customer service by phone at Snowide : 04.50.05.51.28 or by e -mail at the following address : firstname.lastname@example.org , or by mail : SNOWIDE SAS Park Glaisins -8 Pre Closet Avenue - 74940 Annecy -le-Vieux , FRANCE
ARTICLE 11: PERSONAL DATA - LAW " DATA PROTECTION "
According to the law relating to computers , files and freedoms of January 6, 1978, information of a personal nature relating to the Buyers will be processed automatically.
When registering a visitor or an order from a customer, or under other specific operations ( open , special operations ) Snowide may collect personal information that is to say information to identify the individual, ( full name, address, email address, landline and mobile phone) , information on the equipment, type of housing ... ) . When the visitor or customer decides to disclose their personal information on the Site , you expressly consents to the collection and use of your data in accordance with the law. The visitor or customer may at any time change its subscription through the hyperlink at the bottom of offers received by electronic mail , or through the " unsubscribe " .
Snowide explicitly offers the visitor or customer to oppose disclosure of their personal information at any time to modify its choice on the Site by contacting customer service or by sending an email to email@example.com .
Users have a right to access and correct data concerning them, according to the law of January 6, 1978.
The automated processing of information, including the management of e -mail users of the site has been declared to the CNIL on 31/10/2012
ARTICLE 12: INTELLECTUAL PROPERTY
All elements of the Site are and remain the exclusive intellectual property of Snowide .
Nobody is allowed to reproduce, use , repost, or use for any purpose whatsoever, even partially, the elements of the Site .
Any single link or hyperlink is strictly prohibited without the express written consent of Snowide agreement.
ARTICLE 13: LIABILITY
The products sold by Snowide comply with French legislation and meet certification standards in force. Responsibility SNOWIDE can not be held liable for violation of the laws of a foreign country where the goods are delivered. The Client is resident outside France to check with local authorities the possibilities of importation or use of the products they wish to order .
In all stages of access to its website, the ordering process , delivery or subsequent services , Snowide can only commit to doing their best. Also, the responsibility of Snowide not be liable for any problems encountered or damage arising from the use of the Internet , including a break in service, external intrusion or presence of computer viruses or other parasites.
Similarly, Snowide can not be held liable for breach of contract , in the event of force majeure, disruption or total or partial strike of postal services and transport and / or communications strike, flood, fire, war, riots , strikes , bad weather , accidents, inability to obtain supplies , or any other event of force majeure by the law .
Warranty obligation and responsibility of the Seller can not be invoked in the event of failures are caused by products :
- Normal wear and tear ;
- A use different from that for which they were designed and manufactured products;
- Failure to comply with instructions for use and maintenance (whether provided during the delivery or later) ;
- Changes or interventions not carried out by the specialized service of the manufacturer or its agents appointed for that purpose ;
- The addition or use of parts, components or accessories other than those manufactured and / or sold or simply recommended by the manufacturer , or , again, quality not equivalent to them.
In general , the Seller accepts no liability in any capacity whatsoever when using products with not approved by the manufacturer or in addition to other non- manufacturer approved accessories products .
Snowide also disclaims any responsibility for the content or sites which hypertext links from its own site, can not control the content .
ARTICLE 14: ARCHIVE - PROOF
Snowide archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The registers of Snowide will be considered by the parties as proof of communications, orders , payments and transactions between the parties.
In the event that any term of these Terms and Conditions is deemed illegal or unenforceable by a court other provisions shall remain in force.
In accordance with articles 1316 and following of the Civil Code and , where applicable , Article L.110 -3 of the Commercial Code , the information provided by Snowide ( including its website ) are valid between the parties. Items such as the time of receipt or issue , as well as the quality of data received will be valid by priority as contained in the information systems or as authenticated by computerized procedures of Seller, except in provide written proof to the contrary by the Customer. The scope of the evidence of the information provided by computer systems Seller is that granted to the original meaning of a written paper document, signed by hand .
ARTICLE 15: SETTLEMENT OF DISPUTES
These conditions of sale are subject to Swiss law.
In case of dispute, jurisdiction is given to the courts of Geneva, despite multiple defendants or warranty. Any dispute concerning the interpretation and / or execution is in any event, the Swiss courts.