These general terms and conditions of sale may be modified or supplemented at any time by SNAP, without prior notice. The applicable version is the one online at the time the Customer places his/her order.
1. TERMINOLOGY
"SNAP": a simplified joint-stock company with capital of €10671.43, headquartered at 294, route du Lanfonnet - 74410 SAINT-JORIOZ, registered in the ANNECY Trade and Companies Register under number 409 197 258, with VAT number FR41409197258 - Code APE 3230Z.
"The Site": the www.snapclimbing.com website published 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 so doing, represents and warrants that he or she meets the following qualities and conditions:
- The customer declares that he/she is of legal age and has the legal and financial capacity to contract ;
- The Customer does not purchase products for resale on a professional basis;
- In the case of Products dedicated to the practice of sport, the Customer (or the person for whom he/she is purchasing the Products) has the health, knowledge, training and experience to use the Products with full knowledge of the facts and at his/her own risk. SNAP cannot be held responsible in this respect;
- The Customer (or the person for whom he/she is purchasing the Products) has taken all advice from health professionals and professionals in the relevant sporting field before using the Products. SNAP cannot be held responsible in this respect;
- When validating the order, the customer has all the necessary authorizations and capacities to use the chosen method of payment;
- The Customer agrees to read and fully comply with the General Terms and Conditions of Use of the Site and the present General Terms and Conditions of Sale;
- The Customer undertakes to carefully check the information transmitted at the time of ordering, in particular with regard to his/her surname, first name and chosen delivery address. SNAP cannot be held responsible in the event of an error. Any return to SNAP and reshipment to the Customer due to such an error is at the Customer's expense.
2. PLACE AN ORDER ON THE SITE
Steps to place an order on the site
Customer account
For all first orders, the Customer may or may not create a Customer account and fill in the registration form provided for this purpose on the Site.
On this registration form, the Customer must indicate his/her telephone number.
NOTE: Customers are reminded that they have the right to register on the "liste d'opposition au démarchage téléphonique" in accordance with article L.223-2 of the French Consumer Code.
As part of this registration, the Customer must also enter two identifiers: his address email and his password.
NOTE: These identifiers are personal and must remain confidential. The customer is responsible for their correct use.
The Customer must inform SNAP in writing of any use of these identifiers made without his knowledge or in a fraudulent manner, so that SNAP can deactivate them.
When registering, the Customer must provide SNAP with accurate and complete information, and must then ensure that his/her identifiers are updated in the event of subsequent modifications.
In addition, customers will have the option of using Facebook Connect to enter their personal data, in which case they will be asked to verify its 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 can then check and modify all or part of the order, or click on the "CONTINUE MY VISIT" function to add new Products. A new order summary will then appear in the CART.
- Products are delivered by a carrier, in France or abroad.
- The Customer acknowledges SNAP's general conditions of sale on the Site and accepts these conditions by ticking the appropriate box.
- The customer definitively validates the content and amount of his/her order by clicking on the "I VALIDATE MY ORDER" button.
The customer may only pay for his online order by credit card or PayPal.
NOTE: The Customer and SNAP are contractually bound after effective payment by the Customer and final confirmation of the order. SNAP will prepare and dispatch the products only after final confirmation of the order and effective payment by the Customer.
In addition, it is the Customer's responsibility to ensure that they (or a trusted third party) are present to receive the parcel.
3. PRODUCTS
The main characteristics of the Products sold by SNAP are indicated on the Site.
They comply with French standards.
PRODUCT AVAILABILITY INFORMATION
It is possible that the Products displayed as available are no longer available at the time the Customer places his/her order, in particular in the event of their manufacturer (SNAP or other) being out of stock. SNAP cannot be held liable in this respect. In this case, the order may be cancelled by the Customer, free of charge, and without the Customer being able to claim damages from SNAP.
4. PRICE
THE PRICES DISPLAYED ON THE SITE ARE INDICATED IN EUROS (€).
They include all taxes applicable to the order, including VAT, in force on the day your order is placed.
In addition to the prices displayed on the Site, shipping costs are calculated according to the carrier's indicated rates.
Any other customs duties or other taxes in the country of receipt are the responsibility of the Customer, who undertakes to pay them at the first request of the legal authority concerned.
5. PAYMENT
5.1 ORDER PAYMENT
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 shipping costs) when the order is validated.
5.2 PAYMENT BY CREDIT CARD - SECURE ONLINE PAYMENT SYSTEM
SNAP has implemented a secure online payment system that encrypts the entry and transmission of all data relating to customer orders (including names, addresses and credit card numbers) so that this information is protected during transmission.
The transaction is therefore secure, with SSL (Secure Socket Layer) encryption provided by SNAP's banking partner, Banque Populaire, Paypal and Payplug.
For optimum security, the customer is automatically redirected to the Banque Populaire or Payplug website to enter his/her credit card details (credit card number, expiry date and visual cryptogram).
SNAP therefore never has access to the Customer's bank details, and is only informed by its banking partner of the successful receipt of the Customer's payment.
5.3 INVOICING
SNAP provides the Customer with an invoice corresponding to his order on his customer account and also sends it to him by email.
6. DELIVERY
PRODUCT DELIVERY
At the Customer's choice: to the delivery address indicated by the Customer or to the RELAY POINT of the Customer's choice.
If the recipient is absent at the time of delivery, he/she will be notified of the possibility of dropping off his/her order at a relay point, or of a second presentation by the carrier.
If the order is returned to the sender due to the absence of the recipient or an incorrect address, the order will be reimbursed, excluding shipping costs.
Shipping costs for any request to reship the parcel remain at the customer's expense.
7. COMPLIANCE
ORDER CONFORMITY
7.1 UPON RECEIPT OF YOUR ORDER
As soon as the order is received at a relay point or at home, the Customer must check the condition of the parcel(s), as well as the nature, condition, quantity and conformity of the Products delivered in relation to the order.
The Customer shall thus carry out all necessary examinations to detect any damage, missing items or non-conformities.
The Customer also checks the condition of the packaging, the number of packages and the quantities, references, conditions and characteristics of the Products.
Delivery of the package to the Customer or its collection by the Customer constitutes delivery of the Products ordered.
7.2 IN THE EVENT OF DAMAGE OR DETERIORATION AND IN THE EVENT OF NON-CONFORMITY OF THE PRODUCTS
The Customer must without delay :
- make all necessary reservations with the carrier, giving precise reasons.
- simultaneously inform SNAP at the following address email : hello@snapclimbing.com.
Otherwise, reservations will not be accepted.
8. RIGHT OF WITHDRAWAL
8.1 RIGHT OF WITHDRAWAL
THE CUSTOMER HAS A 14-DAY COOLING-OFF PERIOD TO CANCEL THE ORDER WITHOUT HAVING TO JUSTIFY HIS REASONS OR PAY ANY PENALTIES, ANY RETURN COSTS BEING BORNE BY THE CUSTOMER.
RESERVES :
- Preliminarily, for obvious reasons of hygiene and safety, any Product showing signs of use and/or soiling cannot be returned.
- In addition, any "do-it-yourself" 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 his decision before the expiry of the 14-day period by sending a declaration by email to the following address: hello@snapclimbing.com.
8.2 PRODUCT RETURNS
The product must be returned in new condition, correctly protected in its original, undamaged packaging, accompanied by any accessories, instructions and documentation supplied at the time of purchase.
Delivered products must not have been used.
8.3 RETURN PROCEDURE
For returns within mainland France, the customer will receive by return e-mail within 14 days, a pre-paid carrier label for the free return of the product(s), or will be invited to download it from his customer area.
Orders delivered outside mainland France are not eligible for free returns: the customer is responsible for return shipping costs.
8.4 EXCHANGES
To exchange an item, the customer must return the item they do not wish to keep and place a new order.
8.5 LIMITS ON THE RIGHT OF WITHDRAWAL
We remind you that the right of withdrawal cannot be exercised in the event of the supply of products made to your specifications or clearly personalized, in accordance with the provisions of article L. 221-28 of the French Consumer Code.
Nor can the right of withdrawal be exercised if the returned Product is no longer in 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 will reimburse the amount corresponding to the sale price of the returned product(s). Shipping costs will not be covered by SNAP and will be deducted from the reimbursed amount.
Subject to acceptance of the return and receipt of the products, SNAP will proceed with reimbursement via the method of payment used to pay for the order, excluding shipping costs where applicable.
However, SNAP will not reimburse the Customer for the price of Products returned which are, even partially or slightly, incomplete, damaged, deteriorated, degraded or soiled.
In such cases, the Products in question will be returned to the Customer at the Customer's expense.
9. GUARANTEES
WARRANTIES FOR PRODUCTS SOLD BY SNAP
9.1 LEGAL WARRANTY
SNAP is liable for defects in conformity of the Product(s) under the conditions of Articles L. 217-4 et seq. of the French Consumer Code and for hidden defects in the item sold under the conditions of Articles 1641 et seq. of the French Civil Code.
When the Customer claims the application of the legal warranty of conformity, he :
- Has a period of two (2) years from delivery of the product to act;
- May choose between repairing or replacing the Product, subject to the cost conditions stipulated in Article L.217-9 of the French Consumer Code;
- Is exempt from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
The legal warranty of conformity applies independently of any commercial warranty granted.
The customer may decide to invoke the warranty against hidden defects of the item sold, as defined in article 1641 of the French Civil Code, within the time limit stipulated in article 1648 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
9.2 CONTRACTUAL WARRANTY
The Products marketed benefit from a contractual warranty granted by their respective manufacturers (SNAP or other). The terms and conditions of these warranties are specified in the manufacturer's documentation enclosed with the Products at the time of delivery; they are also available on request from SNAP by email at the following address: hello@snapclimbing.com.
The Customer shall comply in all respects with the terms and conditions of this warranty as set forth in such documentation.
9.3 IMPLEMENTATION OF THE WARRANTY
Requests for implementation of the guarantee by the Customer must be sent by registered letter with acknowledgement of receipt to SNAP's address (see article 1 "TERMINOLOGY").
9.4 WARRANTY LIMITS
Contractual warranties do not cover abnormal or improper use of products.
Nor do they cover defects and their consequences if the product is used for purposes other than those for which it was intended.
In all cases,
- The warranties offered by SNAP are strictly limited to the terms and conditions of those of the manufacturers of the products in question;
- SNAP's warranty shall be limited exclusively to the replacement of the Product in question or its repair, and the Customer shall not be entitled to claim any damages or interest for any reason whatsoever.
- SNAP will assess the product and decide whether to repair or replace it.
- The average processing time for an after-sales service is 4 to 8 weeks.
10. CONTACT
For any information or request, the Customer may contact SNAP at email : hello@snapclimbing.com.
11. PROOF OF ORDER
The e-mails exchanged and the data recorded by the automatic recording systems used on the Site will constitute proof of the order, in particular the purpose and date of the order.
12. PERSONAL DATA
12.1 RESPECT FOR THE CONFIDENTIALITY OF PERSONAL DATA
SNAP undertakes to respect the confidentiality of personal data communicated on the Site and to process them in accordance with the French 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 (RGPD).
12.2 COMPUTER PROCESSING OF PERSONAL DATA
The information and personal data transmitted are subject to computer processing and may be used by SNAP's internal departments, its subcontractors and its commercial partners for :
- Processing, execution and management of orders;
- Handling requests for information, complaints and/or withdrawals;
- Inform customers of upcoming sales and events;
- To improve and personalize the services offered and the information sent to the Customer, in particular by prospecting, sending newsletters or special offers;
- Processing requests for information 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 period of three years from the date on which the commercial relationship with the Customer ends, understood as the delivery of his/her order, unless :
- A longer retention period is authorized or required by law or regulation;
- The Customer has exercised one of his legal rights under the conditions set out below.
Access to personal data is strictly limited to SNAP's agents and employees, who are authorized to process such data by virtue of their position. The information collected may be communicated to third parties with whom SNAP has concluded a contract for the execution of subcontracted tasks necessary for the management of the order, without the Customer's authorization being required. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, SNAP undertakes not to sell, rent, transfer or give access to third parties to data without the Customer's prior consent, unless a legitimate reason requires it (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).
Depending on the choices made by the Customer when creating or consulting his/her Customer account, he/she may decide to receive offers from SNAP or to be informed of specific transactions by email ("opt-in").
If the Customer no longer wishes to receive these offers, he/she may request this at any time by clicking on an electronic link available for this purpose in emails or by modifying his/her customer account directly on the Site ("opt-out").
In accordance with the French 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 (RGPD), the Customer has the right to access, modify, rectify and delete his/her personal data. This right may be exercised at any time by sending a request by email to: hello@snapclimbing.com or by post to the above address (see article 1 "TERMINOLOGY"), accompanied by a copy of a valid identity document.
SNAP specifies that the information identified by an asterisk is essential for the processing of orders or requests for information. If all of this data is not declared completely and accurately, 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 his choice when finalizing his order, modify his choice by contacting SNAP under the conditions mentioned above or by using the unsubscribe links provided in the messages. This right also applies to persons whose data (in particular their identity and contact details) have been transmitted to the company by third parties with their authorization for commercial prospecting purposes.
For further information or to make a complaint, customers may contact the Commission Nationale de l'Informatique et des Libertés (CNIL) (more information at www.cnil.fr).
13. FORCE MAJEURE
FORCE MAJEURE - INTELLECTUAL PROPERTY - USE OF THE SITE AND THE INTERNET
13.1 FORCE MAJEURE OR SIMILAR SITUATION
The performance of all or part of SNAP's obligations will be suspended in the event of a case of force majeure, an act of God, or the actions of third parties, in particular manufacturers, distributors, transporters or custodians of Products, likely to hinder or delay performance.
This applies in particular to situations of war, riots, insurrection, social unrest, bad weather, strikes, interruption of Internet or carrier services.
SNAP will inform the Customer of the occurrence of such an event as soon as possible after its occurrence. In the event that the suspension of obligations continues beyond a period of 30 days, SNAP will have the option of cancelling the order in progress and SNAP will then proceed to reimburse the Customer.
13.2 INTELLECTUAL PROPERTY
The French trademark SNAP registered with the INPI under number 96620035, the international trademark SNAP registered with the INPI under number 661761, the Site and all its contents of any nature whatsoever, constitute protected elements belonging to SNAP or for which it has rights of use. The Customer is not authorized to use or reproduce them, except for the usual operations related to the placing and tracking of orders.
13.3 ACCESS TO THE SITE - USE OF THE INTERNET
SNAP accepts no liability in the event of difficulty connecting or interruption of access to its Site, particularly in the event of maintenance operations, in which case the Customer is invited to reconnect. SNAP also declines all responsibility if the Customer's equipment is affected by a bug or virus or due to the use of the Internet.
14. SETTLEMENT OF DISPUTES
THE LAW APPLICABLE TO THE CONTRACT IS FRENCH LAW
IN THE EVENT OF A DISPUTE
Before taking any legal action, the customer has the option of using the mediation service free of charge, in application of article L.611-1 et seq. of the French Consumer Code:
mediation CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), either by filling in the form directly on the CM2C website (www.cm2c.net), or by contacting CM2C by e-mail cm2c@cm2c.net or by post, CM2C 14 rue Saint Jean 75017 PARIS.
In accordance with article L612-2 of the French Consumer Code, recourse to mediation is only possible if :
-The customer has first contacted SNAP Customer Service with a written complaint that is less than one year old,
-The customer's request is not manifestly unfounded or abusive
-The dispute has not been previously examined or is not being examined by another mediator or by a court,
-The dispute falls within the remit of the mediator.
ANY DISPUTE THAT CANNOT BE RESOLVED AMICABLY WILL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS, AND MORE SPECIFICALLY THE COMPETENT COURTS OF ANNECY.
15. RIGHT OF WITHDRAWAL
8.1 RIGHT OF WITHDRAWAL
THE CUSTOMER HAS A 14-DAY COOLING-OFF PERIOD TO CANCEL THE ORDER WITHOUT HAVING TO JUSTIFY HIS REASONS OR PAY ANY PENALTIES, ANY RETURN COSTS BEING BORNE BY THE CUSTOMER.
RESERVES :
- Preliminarily, for obvious reasons of hygiene and safety, any Product showing signs of use and/or soiling cannot be returned.
- In addition, any "do-it-yourself" 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 his decision before the expiry of the 14-day period by sending a declaration by email to the following address: hello@snapclimbing.com.
8.2 PRODUCT RETURNS
The product must be returned in new condition, correctly protected in its original, undamaged packaging, accompanied by any accessories, instructions and documentation supplied at the time of purchase.
Delivered products must not have been used.
8.3 RETURN PROCEDURE
For returns within mainland France, the customer will receive by return e-mail within 14 days, a pre-paid carrier label for the free return of the product(s), or will be invited to download it from his customer area.
Orders delivered outside mainland France are not eligible for free returns: the customer is responsible for return shipping costs.
8.4 EXCHANGES
To exchange an item, the customer must return the item they do not wish to keep and place a new order.
8.5 LIMITS ON THE RIGHT OF WITHDRAWAL
We remind you that the right of withdrawal cannot be exercised in the event of the supply of products made to your specifications or clearly personalized, in accordance with the provisions of article L. 221-28 of the French Consumer Code.
Nor can the right of withdrawal be exercised if the returned Product is no longer in 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 will reimburse the amount corresponding to the sale price of the returned product(s). Shipping costs will not be covered by SNAP and will be deducted from the reimbursed amount.
Subject to acceptance of the return and receipt of the products, SNAP will proceed with reimbursement via the method of payment used to pay for the order, excluding shipping costs where applicable.
However, SNAP will not reimburse the Customer for the price of Products returned which are, even partially or slightly, incomplete, damaged, deteriorated, degraded or soiled.
In such cases, the Products in question will be returned to the Customer at the Customer's expense.
