These general terms and conditions of sale may be modified or supplemented at any time by SNAP, without notice, the applicable version being the one online at the time the Customer places their order.
" SNAP is a société par actions simplifiée (simplified joint-stock company) with capital of €10671.43, headquartered at 294, route du Lanfonnet - 74410 SAINT-JORIOZ, registered with the ANNECY Trade and Companies Register under number 409 197 258, and with an intra-Community VAT number of 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:
Steps to place an order on the site
Customer account
For any first order, the Customer has the option of creating a Customer account or not, 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 reminded 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 Customer being responsible for their proper use.
The Customer must inform SNAP in writing of any use of these identifiers made without their knowledge or fraudulently, so that SNAP can deactivate 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 subsequent changes.
In addition, the customer will have the possibility of using Facebook Connect to enter their personal data, in which case they will be asked to verify its accuracy.
How to place an order?
NOTE: The Customer and SNAP are contractually bound after effective payment by the Customer and final confirmation of the order. SNAP proceeds with the preparation and dispatch of products only after final validation of the order and effective payment by the Customer.
In addition, it is the Customer's responsibility to ensure their presence (or that of a trusted third party) to receive the package.
The main characteristics of the Products sold by snap are indicated on the Site.
They comply with French standards.
PRODUCT AVAILABILITY INFORMATION
Products displayed as available may no longer be so when the Customer places their order, particularly in the event of stock shortages at their manufacturer (SNAP or other). 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.
THE PRICES DISPLAYED ON THE SITE ARE INDICATED IN EUROS (€).
They include all taxes applicable to the order, including VAT, in effect on the day your order is placed.
In addition to the prices displayed on the Site, shipping costs calculated according to the carrier's indicated rates are added.
All other possible customs fees or other taxes of the country of receipt are the responsibility of the Customer, who undertakes to pay them at the first request of the legal authority concerned.
5.1 ORDER PAYMENT
ON THE WEBSITE, 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 – 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 and SSL (Secure Socket Layer) encryption is 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 their bank card details (bank card number, expiry date and security code).
snap therefore never has access to the Customer's bank details and is only informed by its banking partner that the Customer's payment has been received.
5.3 INVOICE
SNAP provides the Customer with an invoice corresponding to their order in their customer account and also sends it to them by email.
PRODUCT DELIVERY
At the Customer's option: to the delivery address they indicated or to the PICK-UP POINT of their choice.
If the recipient is absent during delivery, the recipient will be notified of the possible deposit of their order at a relay point, or of a second presentation by the carrier.
Any eventual return of the order to the sender due to the absence of the recipient 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.
ORDER CONFORMITY
7.1 UPON RECEIPT OF YOUR ORDER
Upon receipt of the order at a collection point or at home, it is essential that the Customer checks the condition of the package(s) as well as the nature, condition, quantity and conformity of the Products delivered in relation to their order.
The Customer thus carries out all the 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 Products in their quantities, references, conditions and characteristics.
The delivery of the package to the Customer or its collection by the Customer constitutes delivery of the Products ordered.
7.2 IN CASE OF DAMAGE OR DETERIORATION AND IN CASE OF NON-COMPLIANCE OF PRODUCTS
The Customer must imperatively and without delay:
Otherwise, the reservations will not be accepted.
8.1 RIGHT OF WITHDRAWAL
THE CUSTOMER HAS A WITHDRAWAL PERIOD OF 14 DAYS TO CANCEL THEIR ORDER WITHOUT HAVING TO JUSTIFY REASONS OR PAY PENALTIES, ANY RETURN COSTS REMAINING AT THEIR EXPENSE.
NOTES:
Subject to these express reservations, in the event of exercising this right of withdrawal, the Customer must inform snap of their 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, properly protected in its original packaging, undamaged, and accompanied by all accessories, instructions, and documentation provided at the time of purchase.
The delivered products must not have been used.
8.3 RETURN PROCEDURE
For returns in mainland France, the customer will receive a pre-paid carrier label by email within 14 days for the free return of the product(s), or will be invited to download it from their customer account.
Orders delivered outside of Metropolitan France are not eligible for free returns: return costs are the responsibility of the customer.
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 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 be exercised either if the returned Product is no longer in new condition and is unfit 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 refund the amount corresponding to the sale price of the returned product(s), the shipping costs will not be covered by SNAP and will be deducted from the refunded amount.
Subject to acceptance of the return and receipt of the products, snap will refund the payment via the payment method used to pay for the order, excluding shipping costs where applicable.
However, snap will not refund the Customer the price of returned Products which 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
GUARANTEES ATTACHED TO PRODUCTS SOLD BY snap
9.1 LEGAL GUARANTEE
snap is liable for defects in conformity of the Product(s) under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the Civil Code.
When the Customer claims application of the legal guarantee of conformity, they:
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement, within the period provided for in Article 1648 of the Civil Code, the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, in which case, the Customer may choose between cancellation of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
9.2 CONTRACTUAL GUARANTEE
The Products sold benefit from a contractual guarantee granted by their respective manufacturers (snap or other). The conditions of these guarantees are specified in the manufacturer's documentation attached to the Products upon delivery; they are also available on 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 guarantee as set out in this documentation.
9.3 IMPLEMENTATION OF THE GUARANTEE
Requests for implementation of the guarantee by the Customer must be sent by registered letter with acknowledgment of receipt to the address of snap (see article 1 ” TERMINOLOGY “).
9.4 LIMITS OF THE GUARANTEE
Contractual guarantees do not cover abnormal or non-compliant use of the products.
They also do not cover defects and their consequences linked to use that does not comply with the purpose for which the product is intended.
In all cases,
For any information or request for information, the Customer can contact SNAP via email: hello@snapclimbing.com.
The e-mails exchanged as well as the data recorded by the automatic recording systems used on the Site will constitute proof of order, in particular of the object and date of the order.
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 it in accordance with the French Data Protection Act n° 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).
12.2 COMPUTER PROCESSING OF PERSONAL DATA
The personal information and data transmitted are subject to computer processing and may be used by SNAP's internal services, its subcontractors and its commercial partners for:
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 day on which the commercial relationship with the Customer ends, understood as the delivery of their order, unless:
Access to personal data is strictly limited to snap's agents and employees, who are authorized to process it because of their functions. 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, within the framework of the execution of their services, third parties only have limited access to the data and have a contractual obligation to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases mentioned above, snap undertakes not to sell, rent, assign or give access to third parties to the data without the prior consent of the Customer, unless a legitimate reason requires it (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).
Depending on the choices made by the Customer when creating or consulting their Customer account, they may decide to receive offers from snap or to be informed of specific transactions by email ("opt-in").
In the event that the Customer no longer wishes to receive these offers, they may at any time make a request by clicking on an electronic link available for this purpose on the emails or by modifying their customer account directly on the Site ("opt-out").
In accordance with the Data Protection Act n°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 a right of access, modification, rectification and deletion of their personal data. This right can 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 precise manner, snap may not be able to process the order or the 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 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 any additional information or complaint, the Customer may contact the Commission Nationale de l'Informatique et des Libertés (CNIL) (more information on www.cnil.fr).
FORCE MAJEURE – INTELLECTUAL PROPERTY – USE OF THE SITE AND THE INTERNET
13.1 FORCE MAJEURE EVENT OR SIMILAR SITUATION
The execution of all or part of snap's obligations will be suspended in the event of a case of force majeure, a fortuitous event, or the act of third parties, in particular manufacturers, distributors, carriers or depositaries of the Products, likely to hinder or delay its execution.
This applies in particular to situations of war, riots, insurrection, social unrest, bad weather, strikes, interruption of 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 its occurrence. In the event that the suspension of obligations continues beyond a period of 30 days, snap will have the possibility of canceling their current order and snap will then proceed to its reimbursement.
13.2 INTELLECTUAL PROPERTY
The French brand snap registered with the INPI under number 96620035, the international brand 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 placing and tracking their orders.
13.3 SITE ACCESS - USE OF THE INTERNET
SNAP is not liable in the event of connection difficulties or interruption of access to its Site, particularly in the event of maintenance operations, the Customer being invited to reconnect. SNAP also declines all liability if the Customer's equipment is affected by a bug or virus or due to the use of the Internet.
THE LAW APPLICABLE TO THE CONTRACT IS FRENCH LAW
IN CASE OF DISPUTE
The Customer has the option, before any legal action, of using the free mediation service, pursuant to Article L.611-1 et seq. of the Consumer Code:
mediation CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), either by filling out the form directly on the CM2C website (www.cm2c.net), or by contacting CM2C by email cm2c@cm2c.net or by post, CM2C 14 rue Saint Jean 75017 PARIS.
In accordance with Article L612-2 of the Consumer Code, recourse to mediation is only possible on the condition that:
- The customer has first contacted SNAP customer service with a written complaint 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 mediator's area of competence.
ANY DISPUTE THAT CANNOT BE RESOLVED AMICABLY SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS, AND MORE SPECIFICALLY THE COMPETENT COURTS OF ANNECY.
8.1 RIGHT OF WITHDRAWAL
THE CUSTOMER HAS A WITHDRAWAL PERIOD OF 14 DAYS TO CANCEL THEIR ORDER WITHOUT HAVING TO JUSTIFY REASONS OR PAY PENALTIES, ANY RETURN COSTS REMAINING AT THEIR EXPENSE.
NOTES:
Subject to these express reservations, in the event of exercising this right of withdrawal, the Customer must inform snap of their 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, properly protected in its original packaging, undamaged, and accompanied by all accessories, instructions, and documentation provided at the time of purchase.
The delivered products must not have been used.
8.3 RETURN PROCEDURE
For returns in mainland France, the customer will receive a pre-paid carrier label by email within 14 days for the free return of the product(s), or will be invited to download it from their customer account.
Orders delivered outside of Metropolitan France are not eligible for free returns: return costs are the responsibility of the customer.
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 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 be exercised either if the returned Product is no longer in new condition and is unfit 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 refund the amount corresponding to the sale price of the returned product(s), the shipping costs will not be covered by SNAP and will be deducted from the refunded amount.
Subject to acceptance of the return and receipt of the products, snap will refund the payment via the payment method used to pay for the order, excluding shipping costs where applicable.
However, snap will not refund the Customer the price of returned Products which 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
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