GTC

These general terms and conditions of sale may be modified or supplemented at any time by SNAP, without notice; the applicable version is the one online at the time the Customer places their order.

1. TERMINOLOGY

»SNAP: simplified joint-stock company with a capital of €10671.43. Its registered office is located at 294, route du Lanfonnet – 74410 SAINT-JORIOZ, registered with the Commercial and Companies Register of ANNECY under number 409 197 258. Intra-Community VAT number: FR41409197258 – APE code 3230Z.

»The Site»: the website www.snapclimbing.com, managed by SNAP, on which SNAP offers Products for sale.

» Products »: the products that you can order on the Site.

» Customers »: the consumer who places an order on the Site and, in doing so, declares and guarantees that he/she meets the following qualities and conditions:

The Client declares to be of legal age and to have the legal and financial capacity to contract; ;
The Client is not buying the products to resell them subsequently on a professional basis; ;
With respect to Products intended for sports practice, the Customer has (or the person for whom he/she purchases the Products has) the health condition, knowledge, training and experience to use the Products conscientiously and at their own risk. SNAP cannot be held liable in this regard; ;
The Client (or the person for whom he/she purchases the Products) has taken all the advice of the healthcare professionals and sports professionals concerned before using the Products. SNAP cannot be held liable in this regard; ;
Upon validation of his order, the Client has all the authorizations and capabilities necessary to use the chosen payment method; ;
The Customer undertakes to read and to comply with in all respects the General Conditions of Use of the Site as well as these General Conditions of Sale; ;
The Customer undertakes to carefully verify the information provided during their order, particularly regarding their name, first name and the delivery address chosen. SNAP cannot be held responsible in the event of an error. Any return to SNAP and re-shipping to the Customer due to such an error is the responsibility of the Customer.

2. PLACE AN ORDER ON THE SITE

Steps to place an order on the website

Client account

For any first order, the Customer has the option of creating a Customer account and filling out the registration form provided for this purpose on the Site.

On this registration form, the Customer must indicate their telephone number.

NOTE: It is recalled that the Customer has the right to register on the list of opposition to telephone solicitation in accordance with Article L.223-2 of the Consumer Code.

As part of this registration, the Customer must also enter two identifiers: their email address and their password.

NOTE: These identifiers are personal and must remain confidential, the Client being responsible for their proper use.

The Customer must inform SNAP in writing of any use of these identifiers that is made without their knowledge or fraudulently, so that SNAP can disable them.

When registering, the Customer must provide SNAP with accurate and complete information, and must then ensure that their credentials are updated in the event of any subsequent changes.

In addition, the customer will have the option to use Facebook Connect to enter their personal data, in which case they will be asked to verify their accuracy.

How do I place an order?

The customer selects the products by clicking on the «ADD TO CART» button.
At the end of the order, the Customer clicks on the «CART» button. A summary of the order appears on the screen. The Customer then has the option to control and modify their order in whole or in part or to click on the »CONTINUE MY VISIT» function to add new Products. A new summary of the order will then appear in the CART.
The Products are delivered by a carrier, in France or abroad.
The Customer acknowledges the general terms and conditions of sale of SNAP on the Site and accepts these terms by checking the box provided for this purpose.
The Customer definitively validates the content and the amount of his/her order by clicking on the «I VALIDATE MY ORDER» button.
The customer pays for their order online only by credit card or PayPal.

NOTE: The Client and SNAP are bound by contract after the Client has paid and the order has been definitively confirmed. SNAP only prepares and ships the products after the order has been definitively validated and the Client has paid.

In addition, it will be the Client’s responsibility to ensure their presence (or that of a trusted third party) to receive the package.

3. PRODUCTS

The main characteristics of the Products sold by SNAP are indicated on the Site.
They comply with French standards.

INFORMATION ON THE AVAILABILITY OF PRODUCTS

It is possible that the Products displayed as available may no longer be available when the Customer places their order, particularly in the event of a manufacturer’s (SNAP or other) stock shortage. SNAP cannot be held liable in this regard. In this case, the order can be cancelled by the Customer free of charge and without the possibility of claiming damages from SNAP.

4. PRICE

THE PRICES DISPLAYED ON THE SITE ARE INDICATED IN EURO (€).
They include all taxes applicable to the order, including the VAT in force on the day your order is placed.
To the prices displayed on the Site, are added the shipping costs calculated according to the rates indicated by the carrier.
All other possible customs fees or other taxes of the receiving country are the responsibility of the Customer, who undertakes to pay them upon request of the relevant legal authority.

5. PAYMENT

5.1 PAYMENT OF THE ORDER

ON THE SITE, THE CUSTOMER PAYS THE PRICE OF THE PRODUCTS IN EUROS (€) USING A CREDIT CARD THAT ALLOWS ONLINE PAYMENTS, OR VIA PAYPAL

Payment is made in full and in cash (including transport costs) at the time of order validation.

5.2 PAYMENT BY CREDIT CARD – SECURED ONLINE PAYMENT SYSTEM

SNAP has implemented a secure online payment system that encrypts the input and transmission of all customer order data (including names, addresses, and credit card numbers) so that this information is protected during transmission.
The transaction is therefore secure and SSL encryption (Secure Socket Layer) is provided by SNAP’s banking partner, the Banque Populaire, Paypal and Payplug.
For optimal security, the Customer is automatically redirected to the website of Banque Populaire or Payplug in order to enter the details of their bank card (card number, expiration date, and visual code).
SNAP therefore never has access to the Client’s banking data and is only informed by its banking partner of the successful receipt of the Client’s payment.

5.3 INVOICE

SNAP provides the Client with an invoice corresponding to their order in their customer account and also sends it to them by email.

6. DELIVERY

DELIVERY OF PRODUCTS

At the Client’s choice: at the delivery address indicated by him or at the RELAIS POINT of his choice.

In the event of the recipient’s absence during delivery, the recipient will be notified of the possible deposit of their order at the drop-off point, or of a second presentation by the carrier.

Any return of the order to the sender due to the recipient’s absence or an incorrectly entered address will be subject to a refund of the order, excluding shipping costs.

The shipping costs for any request to resend the package remain the responsibility of the customer.

7. COMPLIANCE

COMPLIANCE OF THE ORDER

7.1 ON RECEIVING YOUR ORDER

Upon receipt of the order at a point of delivery such as at home, it is essential that the Customer verifies the condition of the package(s) as well as the nature, condition, quantity and conformity of the Products delivered in accordance with his/her order.
The Customer shall therefore carry out all necessary inspections to detect any possible damage, missing parts or non-compliance.
The Customer also checks the condition of the packaging, the number of packages and the products in their quantities, references, conditions and characteristics.
The delivery of the package to the Customer or its collection by the Customer constitutes the delivery of the ordered Products.

7.2 IN THE EVENT OF DAMAGE OR DETERIORATION AND IN THE EVENT OF NON-COMPLIANCE WITH THE PRODUCTS

The Client must without delay and without fail:

Make all necessary reservations with the carrier in a precise and motivated manner.
inform SNAP simultaneously at the following address: hello@snapclimbing.com.

Otherwise, the reservations will not be accepted..

8. RIGHT OF WITHDRAWAL

8.1 RIGHT OF WITHDRAWAL

The customer has a 14-day withdrawal period to cancel their order without having to justify reasons or pay any penalties; any return costs remain at their own expense.

RESERVATIONS:

As a preliminary matter, for obvious reasons of hygiene and safety, any Product that shows signs of use and/or dirt cannot be returned.
Furthermore, any «self-assembly» product cannot be returned if it has already been assembled.

Subject to these express reservations, in the event of exercising this right of withdrawal, the Customer must inform SNAP of its decision before the expiry of the 14-day period by sending a declaration by email to the following address: hello@snapclimbing.com.

8.2 RETURNS OF PRODUCTS

The product must be returned in perfect condition, properly protected in its original packaging, undamaged, and accompanied by all possible accessories, the user manual and documentation provided at the time of purchase.

The delivered products must not have been used.

8.3 RETURN PROCEDURE

For returns to metropolitan France, the customer will receive, by email within 14 days, a prepaid shipping label for the free return of the product(s), or will be invited to download it from their customer area.

Orders delivered outside of metropolitan France are not eligible for free returns: the return costs are the responsibility of the customer.

8.4 EXCHANGES

To exchange an item, the customer must return the item they no longer wish to keep and place a new order.

8.5 LIMITATIONS OF THE RIGHT OF WITHDRAWAL

We remind you that the right of withdrawal cannot be exercised in the case of the supply of products made to your specifications or clearly personalized, in accordance with the provisions of Article L. 221-28 of the Consumer Code.
The right of withdrawal cannot also be exercised if the returned Product is no longer in a new condition and is unsuitable for sale for any reason whatsoever (see conditions set out in 8.1 and 8.2 above).

8.6 IF THE CUSTOMER DECIDES TO WITHDRAW

SNAP refunds the amount corresponding to the selling price of the returned product or products; shipping costs will not be covered by SNAP and will be deducted from the refund amount.

Subject to the acceptance of the return and receipt of the products, SNAP will process the refund via the payment method used to settle the order, excluding any shipping costs, if applicable.
However, SNAP will not reimburse the Customer for the price of returned Products that are, even partially or slightly, incomplete, damaged, deteriorated, degraded, or soiled.
In these cases, the Products in question will be returned to the Customer at their expense.

9. WARRANTIES

GUARANTEES ASSOCIATED WITH THE PRODUCTS SOLD BY SNAP

9.1 LEGAL WARRANTY

SNAP is responsible for the non-conformity of the Products under the conditions of Articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the sold item under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When the Customer claims the application of the legal guarantee of conformity, he/she shall:

You have a period of two (2) years from the delivery of the product to take action; ;
The consumer may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; ;
It is not required to provide proof of the existence of the lack of conformity of the Product within the twenty-four (24) months following the delivery of the Product.

The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The Customer may decide to implement, within the period provided for in Article 1648 of the Civil Code, the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, and in this case, the Customer may choose between the termination of the sale or a reduction in the selling price, in accordance with Article 1644 of the Civil Code.

9.2 CONTRACTUAL WARRANTY

The Products sold are covered by a contractual warranty granted by their respective manufacturers (SNAP or others). The terms of these warranties are specified in the documentation provided by the manufacturer with the Products upon delivery; they are also available upon request from SNAP by email at the following address: hello@snapclimbing.com.
The Customer must comply in all respects with the terms and conditions of this warranty as set out in this documentation.

9.3 IMPLEMENTATION OF THE GUARANTEE

Requests to have the guarantee implemented by the Customer must be sent by registered letter with acknowledgment of receipt to the address of SNAP (see Article 1 »TERMINOLOGY«).

9.4 LIMITATIONS OF THE WARRANTY

The contractual guarantees do not cover the abnormal or improper use of the products.

They also do not cover defects and their consequences related to the use that is not in accordance with the intended use for which the product is intended.

In all cases,

The guarantees offered by SNAP are strictly limited to the terms and conditions of the manufacturers of the products in question; ;
The SNAP guarantee will be limited exclusively to the replacement of the affected Product or its repair; the Customer cannot claim any damages or interest for any reason whatsoever.
SNAP will conduct an expert assessment of the product and decide on repair or replacement.
The average duration of a service request is 4 to 8 weeks.

10. CONTACT

For any information or request for information, the Customer can contact SNAP via the email address: hello@snapclimbing.com.

11. PROOF OF ORDER

The electronic communications exchanged as well as the data recorded by the automatic recording systems used on the Site will constitute proof of the order, including the subject matter and the date of the order.

12. PERSONAL DATA

12.1 RESPECT OF THE CONFIDENTIALITY OF PERSONAL DATA

SNAP is committed to respecting the confidentiality of the personal data provided on the Site and to processing them in accordance with the Data Protection Act n° 78-17 of January 6, 1978, as amended, and with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR).

12.2 INFORMATION TECHNOLOGY PROCESSING OF PERSONAL DATA

The information and personal data transmitted are processed electronically and may be used by SNAP’s internal departments, its subcontractors and its commercial partners for the following purposes:

The processing, execution and management of orders; ;
The processing of requests for information, complaints and/or withdrawals; ;
Inform the client about sales and upcoming events; ;
Improve and customize the services offered and the information transmitted to the Customer, notably through prospecting activities, the sending of newsletters or special offers; ;
The processing of information requests via the contact form.

SNAP also retains this information and data for security purposes in order to comply with its legal and regulatory obligations.
The personal information collected is kept for a maximum of three years from the date on which the commercial relationship with the Customer ends, understood as the delivery of its order, unless:

A longer retention period is authorized or required by a legal or regulatory provision; ;
The Customer has exercised, under the conditions set out below, one of the rights granted to him by law.

Access to personal data is strictly limited to the agents and employees of SNAP, who are authorized to process it based on their duties. The collected information may be communicated to third parties with whom SNAP has concluded a contract for the execution of outsourced tasks necessary for the management of the order, without the Client’s authorization being required. It is specified that, in the context of the execution of their services, the third parties have only limited access to the data and are under contractual obligation to use them in accordance with the provisions of the applicable personal data protection legislation. Except in the cases outlined above, SNAP undertakes not to sell, rent, assign or give access to third parties to the data without the Client’s prior consent, unless a legitimate reason requires it (legal obligation, fight against fraud or abuse, exercise of the rights of the defense…).
Depending on the choices made by the Customer when creating or accessing their Client account, they can decide to receive SNAP offers or be informed of specific transactions by email (»opt-in«).
In the event that the Customer no longer wishes to receive these offers, they may request to unsubscribe at any time by clicking on an electronic link available for this purpose in the emails or by modifying their customer account directly on the Site (the »opt-out« procedure).
In accordance with the Data Protection Act No. 78-17 of January 6, 1978, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR), the Customer has the right to access, modify, rectify and delete their personal data. This right may be exercised at any time by sending a request by email to: hello@snapclimbing.com or by mail to the address above (see Article 1 »TERMINOLOGY«), accompanied by a copy of their valid identity document.
SNAP specifies that the information identified by an asterisk is essential for processing orders or requests for information. If all of this data is not declared in a complete and accurate manner, SNAP may not be able to process the order or request for information.
In the event that the Customer does not wish to receive promotional messages and invitations via email, SMS, telephone calls and postal mail, the Customer may indicate their choice when finalizing their order, modify their choice by contacting SNAP under the conditions mentioned above or using the unsubscribe links provided in the messages. This right also applies to individuals whose data (including their identity and contact information) have been provided to the company by third parties with their consent for the purposes of commercial prospecting.
For any further information or complaint, the Customer may contact the National Commission for Computing and Liberties (CNIL) (more information at www.cnil.fr).

13. FORCE MAJEURE

FORCE MAJEURE – INTELLECTUAL PROPERTY – USE OF THE SITE AND THE INTERNET

13.1 CASES OF MAJOR FORCE OR SIMILAR SITUATIONS

The performance of all or part of the obligations of SNAP will be suspended in the event of a case of force majeure, an unforeseeable event, or the actions of third parties, including manufacturers, distributors, carriers or depositaries of the Products, which may hinder or delay its performance.
This is the case, in particular, in situations of war, riots, insurrection, social unrest, adverse weather conditions, strikes, and disruptions to the functioning of the Internet or the services of carriers.
SNAP will inform the Customer of the occurrence of such a case as soon as possible after it occurs. In the event that the suspension of obligations continues beyond a 30-day period, SNAP will have the option to cancel its current order and then refund it.

13.2 INTELLECTUAL PROPERTY

The French brand SNAP, filed with the INPI under the number 96620035, the international brand SNAP filed with the INPI under the number 661761, the Site and all its contents of any nature whatsoever constitute protected elements belonging to SNAP or for which it holds usage rights. The Customer is not authorized to use or reproduce them, except for the usual operations related to the placing and follow-up of its orders.

13.3 ACCESS TO THE SITE – USE OF THE INTERNET

SNAP is not liable for any difficulties in connection or interruptions in access to its Site, in particular in the event of maintenance operations; the Customer is therefore asked to reconnect. SNAP also disclaims any liability if the Customer’s equipment is affected by a bug or virus or due to the use of the Internet.

14. RESOLUTION OF DISPUTES

The law applicable to the contract is French law

IN THE EVENT OF A DISPUTE

The Client has the option, before taking any legal action, of using the mediation service free of charge, in accordance with Article L.611-1 et seq. of the Consumer Code:

CM2C mediation (Centre of Consumer Mediation of Justice Conciliators), either by filling out the form directly on the CM2C website (www.cm2c.net), or by contacting CM2C by email cm2c@cm2c.net or postal mail, CM2C 14 rue Saint Jean 75017 PARIS.

In accordance with Article L612-2 of the Consumer Code, recourse to mediation is only possible on condition that:

-The customer first contacted the SNAP customer service department with a written complaint less than a year old,

-The customer's request is not manifestly unfounded or abusive

-The dispute has not previously been examined or is not currently under examination by another mediator or by a court,

-The dispute falls within the scope of the mediator's jurisdiction.

ANY DISPUTE THAT COULD NOT BE RESOLVED BY ARBITRATION WILL BE RELIED EXCLUSIVELY TO THE COMPETENT COURTS OF FRANCE, AND MORE SPECIFICALLY TO THE COMPETENT COURTS OF ANNECY.

15. RIGHT OF WITHDRAWAL