Terms and conditions of sale
ARTICLE 1: SCORE OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1 – The present general terms and conditions of sale (hereinafter referred to as the “GTC”) apply by right to all orders for equipment (hereinafter referred to as “the Equipment”) concluded between the Client (hereinafter referred to as “the Client”) and Snowskut SAS (hereinafter referred to as “the Company”).
They constitute the basis of the commercial relationship between the parties, and apply to all sales of the Company’s Equipment, unless a specific agreement prior to the order has been agreed in writing between the parties.
Any order placed with the Company implies the Client’s full and unreserved acceptance of the GTC to the exclusion of any other document. In particular, the Client expressly waives its own general conditions of purchase. Any condition to the contrary entered into by the Client shall therefore be unenforceable against the Company, unless expressly accepted by the Company or mentioned in the order acknowledgement mentioned in Article 2.
The Client accepts that the Company may subsequently and reasonably modify the GTC and that their relationship will always be governed by the latest conditions in force on the day of the order.
Any document other than these GTC, in particular catalogues, prospectuses, advertisements, technical notices, is only informative and indicative, not contractual.
The Company reserves the right to derogate from certain clauses of these GTCs, depending on the negotiations conducted with the Client, by establishing special conditions of sale.
1.2 – The GTC are accessible at any time on the snowskut.com website (hereinafter referred to as the “Site”). In the event of placing an order for Materials by telephone, e-mail or via the Site, the Customer declares that he/she has read the GTC and has accepted them.
The Site and its contents are the property of the Company. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
ARTICLE 2: FORMATION OF CONTRATS
2.1 – All deliveries of Materials must be preceded by an order from the Client, which may take the form of an order form signed by the Client or an accepted quotation during the period of validity defined on the quotation or an online order on the Site if this service is available. The contract is formed when the Company sends the acknowledgement of receipt of the order issued by the Company. Once the contract is formed, no cancellation or amendment will be accepted and the price will be due.
2.2 – Exchanges between the Company and the Client concerning the quotation, the order, the acceptance of the quotation, the acknowledgement of receipt of the order will be valid and binding on the parties if sent by fax, e-mail or by post.
2.3. The Company reserves the right to cancel or refuse any order from a Client with whom there is a dispute, in particular concerning the payment of a previous order.
ARTICLE 3: PRICE AND PAYMENT
The price is always in euros and includes the legal VAT. The applicable price will be that shown on the order form signed by the Customer or, failing that, the price set according to the tariff in force on the date of the order, which will be communicated at any time on request.
Unless otherwise stipulated, payment shall be made in accordance with the following terms and conditions: a deposit of 50% upon acceptance of the order by the Customer, the balance upon delivery of the Equipment for French customers, and just before delivery for customers outside France.
Payment shall be made in Euros, by cheque or Swift transfer. Bank charges shall always be borne by the Customer. In all cases, no discount will be granted for early payment.
In accordance with law n°2008-776 of 04/08/08, any delay in payment shall result in the application of late payment interest equivalent to the interest rate applied by the ECB to its most recent refinancing operation plus 10 percentage points. In the event of partial delivery, the non-delivery or postponement of the balance shall not delay in any way the payment of the part delivered. In general, the Customer may not invoke any cause whatsoever to defer or modify the terms of payment, in particular a dispute over the quality or non-conformity of the Materials or a delay in delivery. In the event of non-payment of an invoice on the due date, the Company shall have the right to suspend the performance of its obligations, suspend or cancel orders in progress and/or demand immediate payment of the outstanding balance.
In accordance with Article D.441-5 of the French Commercial Code, when the Client is qualified as a professional and is in arrears with its payments, the Client shall automatically be liable to pay the Company a fixed indemnity for collection costs of €40. The Company may request additional compensation from the Client if the costs and/or fees for collection actually incurred exceed this amount, upon presentation of supporting documents.
ARTICLE 4: TRANSFER OF OWNERSHIP AND RISKS
The seller remains the owner of the equipment and accessories until full payment in principal and interest has been made. In the event of a total or partial default in payment, it may claim the Equipment corresponding to the unpaid order. The Client undertakes to ensure that the identification of the Equipment is always possible. The transfer of risks, such as theft, loss or deterioration, for whatever reason, shall take place upon delivery of the Goods.
ARTICLE 5: DELIVERY
5.1 – Unless otherwise agreed, the Equipment is delivered EX Works (Incoterms 2020) to the Company’s warehouses. This rule is a codified set of standard contractual provisions relating to the transport of goods. The delivery periods shall run from the time the Company has received the deposit in its bank account. If no deposit has been made, the delivery times and the date from which they run are those shown on the order form accepted by the Client.
Delivery times are given as an indication only and the Customer may not invoke them to claim cancellation of the order, penalties or compensation, or refusal to pay the price. The Customer undertakes to check the Materials delivered on delivery and in the event of defects, missing items or alterations noted, to make precise written reservations on the delivery slip, in the presence of the driver, when unloading the goods delivered and to confirm these reservations to the carrier by registered letter with acknowledgement of receipt within 48 hours of delivery. After this period, no dispute will be accepted and the Client expressly waives the right to bring any action against the Company.
5. 2 – The Company is automatically released from any commitment relating to the said deadline in the event of force majeure or events such as strikes, lock-outs, riots, attacks, war, international complications, requisitions, exceptional bad weather, natural disasters, fire on the Company’s premises or on the premises of one of its own suppliers, flooding on the Company’s premises or on the premises of one of its suppliers, epidemics, excessive heat, humidity or cold, interruption or delay in transport for which the Company is not responsible, restriction of the freedom to import or export, major incident in the manufacturing equipment, etc. In such cases, the Company undertakes to inform the Client without delay of the difficulty encountered. The occurrence of a case of force majeure shall result in the immediate suspension of the execution of the contract. If the case of force majeure continues for more than 60 days, the contract may be terminated at the initiative of either party, without any right to compensation on either side.
ARTICLE 6: GUARANTEE AND LIABILITY
6.1 – It is up to the Client to communicate the characteristics of the Equipment corresponding to its needs, which is also available on the Site.
The Customer is thus deemed to have full knowledge of the Hardware that he/she is acquiring and acknowledges that he/she has been able to obtain all the information relating to the Hardware ordered. The conditions of use of the Equipment are, where applicable, described in the user and maintenance manuals provided to the Client, in particular for Gotoski Standard, Gotoski Synchro and Xbifree 2 Solo equipment. The Client thus acknowledges having read the conditions of use and undertakes to ensure that the user is aware of them. Failure by the Client or the user to comply with the recommendations or warnings exonerates the Company from any liability in the event of damage resulting from failure to comply with the conditions of use and warnings contained in the user manual.
The ski equipment has been approved only for ski lifts in France. For other equipment, the Company declines all responsibility for any obligation to obtain approval. It is not the Company’s task to approve the Equipment sold. Furthermore, the Vendor never certifies that the Equipment meets the standards of any country other than France in which the Client will use the Equipment, and it is the Client’s responsibility to ensure that it is approved.
6.2 – Snowskut’s contractual guarantee on parts and labour is for a period of 2 years and 3 years if the Client has purchased training for all Gotoski models, as from the date of delivery of the Material in accordance with the agreed incoterm. By express agreement, the guarantee for the Equipment does not cover the skis and bindings sold with the Equipment.
The Company’s warranty only covers abnormal defects that appear under normal conditions of use. The warranty does not apply to defects caused by: normal wear and tear, improper installation, improper use, lack of maintenance, negligence, installation and/or removal and/or modifications of accessories, parts or any other device on the Equipment, or unfortunate repairs or any other intervention carried out by a third party without the Company’s prior approval. The guarantee is always excluded if the damage to the Equipment is due to the user’s failure to comply with the conditions of use and warnings contained in the user manual.
In the event of a defect in the Material, the Company shall have several options at its disposal: either to replace the affected part with another that complies, or to bring the Material into conformity, or to reimburse the Client for the price paid for the non-compliant Material. Unless otherwise stipulated, the Client shall bear the cost and risk of transporting the defective parts as well as the repaired or replaced parts between its place of business and the place of initial delivery of the Equipment in accordance with Article 5.1 hereof.
6.3 – The Company does not assume any other warranty obligation, express or implied, than that stipulated in these conditions.
Any challenge by the Client to the proper performance by the Company of its contractual obligations must be justified and be the subject of a registered letter with acknowledgement of receipt sent no later than fifteen days from the appearance of the defect and/or fault, and no later than 12 months from the alleged non-performance. Failure to proceed in this way shall constitute a waiver on the part of the Client to criticise the proper performance by the Company of its contractual obligations.
Under no circumstances shall the Company be liable to pay compensation for indirect damage (moral or commercial damage, loss of data, loss of profit, turnover, orders or customers, etc.) that the Client may suffer. In addition, in its dealings with the Client, the Company’s liability shall in no case exceed the amount paid by the Client in return for its obligations. The Company shall always be able to prevent an action for liability by bringing the Material into conformity or by replacing the non-conforming Material.
ARTICLE 7: RETRACTION
By virtue of article L121-20 of the Consumer Code, the buyer has a maximum period of 14 working days from the delivery of his order to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception of the cost of returning the parcel by tracking, thus guaranteeing the return of the product in its original state to the headquarters of the company Snowskut.
For information, when the withdrawal period expires on a Saturday, a Sunday or a public holiday, it is extended until the first following working day.
The Customer may exercise his right of withdrawal by e-mail to firstname.lastname@example.org, or by post to the following address:
SNOWSKUT – Marc Gostoli
73, Chemin de la Joyeuse
07700 Saint-Martin d’Ardèche – FRANCE.
The Customer must return the equipment fully protected in its original packaging and in perfect condition for resale, i.e.: not damaged, not damaged or not stained and accompanied by all possible accessories and the sales invoice in order to identify the Customer.
If all these conditions are met, the refund will be made by Snowskut within 14 days following the date on which the right of withdrawal was exercised. Also, with the agreement of the Customer, the reimbursement will be made by bank transfer free of charge.
ARTICLE 8: TRAINING
The Client is informed that the Company provides specific training for the operation of certain equipment such as the Gotoski Standard and Gotoski Synchro, enabling the pilot and/or accompanying person to obtain a “Pilot’s Licence” specific to each of these items of equipment. The Licence is issued in France by the Snowskut company following a training course.
The guarantee referred to in Article 6.2 is extended from 2 to 3 years if the training courses for the Gotoski have been followed by the accompanying person or the user of the ski equipment.
ARTICLE 9: APPLICABLE LAW – DISPUTE
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law. In the event that these general terms and conditions of sale are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute. The consumer is informed that he/she may have recourse to a consumer mediator and in the absence of an amicable agreement, the French courts shall have sole jurisdiction. For any complaint, please contact Snowskut’s customer service via the contact form.
ARTICLE 10: TOLERANCE – PROOF
No tolerance on the part of one of the parties with regard to the other may be interpreted as a waiver of all the rights granted to it by the GTC, in particular a tolerance relating to the payment terms. In the event of a dispute, the parties agree to consider the fax and the e-mail as an original writing that is valid as perfect proof and waive the right to contest this means of proof, except to discuss its authenticity. For orders via the Site, the computerised registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
ARTICLE 11: PROTECTION OF PERSONAL DATA
Snowskut reserves the right to collect nominative information and personal data concerning the Customer. This information is necessary for the management of your order, as well as for the improvement of the services and information that we send you.