General Term and Condition
These General Term and Condition of sale (hereinafter «Terms») are applicable to orders for products available on our website (hereinafter « Product(s)») accessible via the following link: www.rossignol.com (hereinafter the "Site").
These Terms are applicable between the parties (hereinafter the "Parties") defined below:
- SKIS ROSSIGNOL, a company (Société par Actions Simplifiée) incorporated in France and registered at the Trade and Society Register of Grenoble. Our company registration number is 056 502 958 and our head office is at 98 rue Louis Barran, 38430 St Jean de Moirans, FRANCE. Our registered VAT number is FR28056502958 (hereinafter “us” or “we” or “our”),
- The consumer defined as any natural person fulfilling the conditions defined under article 2.1 and placing an order via the Site (hereinafter “you” or “your”).
The Terms apply exclusively to orders delivered in Croatia, Greece, Hungary, Japan, Romania, Serbia, Slovakia and Slovenia, (the “Country”) to the attention of natural person acquiring Products for non-professional use. Therefore, only natural persons purchasing a Product for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity are therefore targeted here. For sales intended for professionals, we refer to the general terms and conditions of sale reserved for professionals. Only legally capable persons who are not under guardianship and who have a postal address in the Country, may place orders on the Site.
You are informed that we have made the choice to entrust the execution of your order, from its validation to its delivery (including potential return) to our global e-commerce partner, U.S DIRECT E-COMMERCE LIMITED (trading as eShopWorld), a company incorporated in Ireland with registered number 479237 and having its registered office at South Block, The Concourse Building, 110-115 Airside Business Park, Swords, County Dublin, Ireland (“eShopworld”).
You must accept the General terms and condition of eShopworld when you purchase a Product, as your order is made between you and eShopworld. Applicable law between you and eShopworld is set forth within its general term and condition of sale.
You are informed that French law is applicable to the Terms and in particular to the articles related to liability and warranty which applied between you and us once you purchased a Product on Site. Therefore, all references to article of law or regulation expressed herein shall refer to French legal provision. Nevertheless, if mandatory provision more favorable to the consumer would be applicable in the Country, then such mandatory provision shall apply.
The fact of placing an order through the Site implies your full and unreserved acceptance of these Terms.
We may modify or update these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. You are informed that you and we are bound by the Terms available on our Site at the time you place the order, excepted as expressly provided by mandatory provision applicable from the time of its publication.
The Parties agree that writing in electronic form is admissible in evidence on the same basis as a writing on paper medium. The Parties agree to keep the computer records so that they can constitute faithful and durable copies within the meaning of Article 1379 of the French Civil Code, of any electronic exchange, order, order confirmation or any other document that the Parties may exchange in connection with orders and purchases made on the Site in accordance with these Terms.
To be able to place an order to purchase Products, you must meet the following cumulative conditions:
- complete all the information necessary for payment, place of delivery, choice of payment method and any other information required on the checkout page managed by eShopworld in order to process the orders;
- hold a valid credit card or an active PayPal account.
2.2 Procedure for placing orders - Validation of orders
After having selected the Product(s) chosen by clicking on the "Add to basket" link, you will be redirected to the checkout page owned and managed by eShopworld. You will then follow the ordering process which will end with the conclusion of the sales contract between you and eShopworld. During the checkout process, you will be billed by eShopworld for the Product(s), shipping and any duties and taxes applicable in your Country. Please keep in mind that your transaction will be between you and eShopworld. Your credit/debit card or other payment method will be billed by eShopworld and charges on your statement will be accompanied by the description "eShopWorld", “eSW”, or similar.
Please check the accuracy of your order BEFORE finalizing it. Any order definitively validated can no longer be modified or cancelled. Nevertheless, you have a right of withdrawal, which may be exercised under the conditions described under Article 5 below.
You are informed that characteristics of each Product are available online under the description of the said Product. The delivery and billing address, the total price including VAT, the payment method and the delivery times and shipping costs applied, will be displayed before confirming your order.
eShopworld and us reserve the right not to accept an order in the event of non-compliance with these Terms and/or the eShopworld’s general terms and condition of sale, in the event of errors or anomalies in the order (e.g. quantities ordered unsuitable for private or family use), in the event of a payment incident or suspicion of fraud and/or abuse.
Your order will be confirmed by an email from eShopworld indicating the order number as well as the details of the order to the email address that you have provided. Make sure to keep this confirmation email until the delivery of your order because you may be asked for it.
For Products purchased in Kit:
In the case of an order for a personalized Product purchased in Kit (skis and/or snowboard + bindings), you must fill in the data necessary for the assembly and adjustment of the bindings.
The assembly and adjustment of the bindings will be carried out on the basis of the information that you will have sent us and confirmed when you placed your order. It is therefore your responsibility to provide us with accurate and correct information. We cannot be held responsible for the consequences of a wrong adjustment of the bindings made on the basis of erroneous information that you would have communicated to us at the time of your order.
It is specified that any personalized Product purchased in Kit cannot be returned (see article 5 of the present Conditions) and that consequently, you must pay the price of this one in its entirety and that no refund will be carried out.
In the event that the information that you will have transmitted to us does not allow the adjustment of the bindings according to the standards in force, your bindings will be delivered assembled but not adjusted.
We remind you that the adjustment must be carried out by a professional.
Our offers of Products and prices are valid as long as they are visible on the Site, except for special operations which validity period is specified on the Site. You are advised to check the availability of the Products sold on the information page of each Product.
In the event you placed an order for a Product temporarily unavailable, we reserve the right to ask eShopworld to cancel your order subject to informing you.
The entire order will only be processed and shipped once all the Products in that order are available.
The conditions of the promotional offers temporarily proposed will be specified on the Site.
Prices displayed on Site are indicated in Euros including Value Added Tax (VAT) but do not include delivery costs.
We reserve the right to modify the prices at any time, but the Products will in any event be invoiced on the basis of the price in force and displayed on the Site at the time the order is placed.
When you access the "order summary" page, the total price of the order appears, including taxes, shipping and handling fees.
If one or more taxes or contributions were to be modified, as well as in the event of new taxes or contributions, this change may be passed on to the selling price of the Products. No tax or contribution not provided for at the time of your order may be requested after the validation of your order.
Delivery costs and fee for the processing of the order may vary depending on the available shipping method you have chosen on the checkout page managed by eShopworld, if applicable.
The amount of the delivery charges will be specified before validating the order. The amount of the shipping costs is added to the total amount of the order of the Products purchased.
Payment of the Products is made on the eShopworld’s checkout page, in accordance with eShopworld’s requirements and under their sole responsability.
The order will only be considered firm and definitive at the end of the online payment procedure, at the time of your receipt of the confirmation email from eShopworld.
Moreover, you agree to be invoiced by eShopworld, in compliance with its general terms and condition of sale. The payment, and security of the payment is managed by eShopworld.
You are informed that no banking information about you transits via the Site.
We do not store your banking information on our servers. Consequently, you must provide them for each new order on the Site.
Despite data encryption, we remind you that no data transmission over the Internet is 100% secure and that information communicated online can potentially be intercepted and used by persons other than the intended recipient.
4.3 Transfer of risks and transfer of ownership
A Product will be your responsibility from the time that you (or a person nominated by you) take physical possession of the Product.
You own a Product once we have received payment in full (including delivery charges).
The Products are shipped at the address you indicated to us during the ordering process. eShopworld handles the delivery of your Products to you.
eShopworld will provide you with an estimated delivery date on its checkout and order confirmation pages. You can track your Product on the tracking portal provided by eShopworld. You are informed that we do not have no control and no responsability over the transportation, logistic and delivery time of the Product you purchased from eShopworld.
In case you may have any question about delivery times, logistic, or the follow-up of your order you can contact us at https://www.rossignol.com/contactus
6.1 Important information – be careful
In case you wish to exercise your right of withdrawal, please contact eShopworld according the modalities fixed under their General term and condition of sale, as eShopworld handles withdrawal process.
The exercise of the right of withdrawal is expressly excluded for any personalized Product. It is reminded that personalized Product means any Product adapted or modified in an irreversible way and in particular any Product drilled and assembled according to the customer's specifications transmitted at the time of placing the order.
6.2 Conditions and contacts
We invite you to carefully read the eShopworld instructions and condition to exercise your right of withdrawal. You can request a return on https://returns.eshopworld.com/eaf
Notwhistanding anything to the contrary in the general terms and condition of sale of eShopworld, you have 30 days after the day you receive the Product(s) to change your mind and end the contract regardless of whether eShopworld delivers the Product(s) to you.
Provided you comply with the eShopworld’ requirements, eShopworld must reimburse you within fourteen (14) days of the return of the Product in a perfect resalable condition.
The Product you purchased through our Site is covered by legal warranties, to which may be added a commercial warranty for designated Products, when this is expressly indicated either on the Product sheet or on the Site. For the application of any warranty, it will be mandatory to present the proof of the Product’s purchase.
WARNING: the warranties presented herein are applicable exclusively to our consumers, who are natural persons purchasing a Product for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity. You are informed that the warranties you are entitled to are governed by French law. Nonetheless, in case a mandatory legal provision that is more protective of consumers exists in your Country, then this provision will apply instead of the less advantageous French Legal warranties.
You can find our warranty policy here : https://www.rossignol.com/warranty
Provided that condition to exercise the warranties are gathered, eShopworld will, upon our instruction, either refund you or replace the Product as stated within our warranty policy.
For any question you can contact our Customer Service Department:
- by email at the following address: https://www.rossignol.com/contactus
- by mail : SKIS ROSSIGNOL - Service Consommateurs - 98 rue Louis Barran - 38430 Saint Jean de Moirans - France.
All texts, comments, works, illustrations, works and images reproduced or represented on our Site are protected by copyright and belong exclusively to us. As such and in accordance with the provisions of the Intellectual Property Code, only the viewing of the Site for private use is authorized.
Any total or partial reproduction or representation of our Site or of all or part of the elements contained therein is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under intellectual property rights. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the holder of the rights.
We are responsible to you for foreseeable loss and damage caused by us to you, in case we fail to comply with these Terms and/or if we fail to use reasonable care and skill on the design and manufacture and/or setting-up of the Products, but we are not responsible for any loss or damage that is not foreseeable, or in case you provided us with incorrect information when those information are required. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you purchased a Product, both we and you knew it might happens. In particular, we are not responsible for the suitability of the Products for the purposes for which you intend them, unless you and we expressly agree on it.
WITH RESPECT TO SKI BINDINGS, YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION TO US SO THAT WE CAN MAKE THE PROPER ASSEMBLY AND SETTINGS. WE WILL PERFORM THESE OPERATIONS ON THE BASIS OF THE INFORMATION YOU PROVIDED US WITH DURING THE ORDERING PROCESS AND IN ACCORDANCE WITH ESTABLISHED SKI INDUSTRY STANDARDS. WE CANNOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM ASSEMBLY OR ADJUSTMENTS THAT ARE BASED ON INCORRECT INFORMATION PROVIDED BY YOU.
IF THE INFORMATION YOU PROVIDE DOES NOT ALLOW US TO MOUNT OR ADJUST YOUR BINDINGS IN ACCORDANCE WITH ESTABLISHED SKI INDUSTRY STANDARDS, YOUR BINDINGS WILL BE MOUNTED BUT NOT ADJUSTED. IT IS YOUR SOLE RESPONSIBILITY TO HAVE YOUR BINDINGS ADJUSTED, TESTED BY A SKI PROFESSIONAL BEFORE USING THEM.
We are not liable for business losses and/or damages. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
While we will make reasonable effort to check the proper accessibility and running of our Site, we do not warrant that the Site will be uninterrupted, slow or error-free, or that any defects will be fixed, or that the Site is free of viruses or bugs. Therefore, we will not be liable for any loss of content or material downloaded or transmitted through the Site.
The pictures presented on the Site are provided for illustrative purposes only. You are advised to refer to the description of each Product to find out its precise characteristics and, in case of doubt, please contact our customer service department.
Generally speaking, we cannot be held liable for the non-performance of our obligations in the event of a force majeure or effects resulting from epidemics or State decision impeding our activity.
For the exclusive purposes of processing your order through eShopworld pages, we will share your personal data you provided us with eShopworld. Please refer to our Personal Data policy page on https://www.rossignol.com/privacy-policy to be aware of how we process your personal data. Please not we are not liable of the data processing performed by eShopworld on its own ; we invite you to consult the eShopworld’s personal data policy.
These Terms are governed by French law and you can bring legal proceedings in respect of the Product(s) to the competent courts of your Country. Nonetheless, in case a mandatory legal provision that is more protective of consumers exists in the Country, then this provision will apply instead of the less advantageous French Legal Provision.