1. CONTENTS OF THE WEB PAGE
MOVEMENT SKIS (website's editor) controls and keeps the web page up to date. MOVEMENT SKIS does not guarantee the accuracy, comprehensiveness or quality of the information on the web page. All offers are without engagement and are a non-binding offer. The website editor reserves the right to modify, add to, and cancel individual pages or the whole online offer without any notice, as well as suspend an offer temporarily or definitively.
MOVEMENT SKIS is not responsible for other web page content which are linked to a MOVEMENT SKIS offer. Example: hyperlinks. This applies as well to comments from anyone in the guestbook, forum, discussion, public web pages and mailing list created by the website’s editor.
3. COPYRIGHT AND IMAGE / LOGO
The MOVEMENT SKIS web page content and structure are protected by copyright. Reproduction of graphics, sound recording, photography, films, video and text are not allowed without permission of MOVEMENT SKIS. This includes other supports or electronic publications.
4. DATA PROTECTION STATEMENT
The protection of personal data is our prime priority when data is collected, processed and used. All MOVEMENT SKIS employees are subject to confidentiality. Hereunder, you will found some information about how your personal data is saved on our web page and used.
A. SOCIAL NETWORK – FACEBOOK PLUG-IN USE
B. USE, TRANSFER, DELETION OR BLOCKING OF PERSONAL DATA
We only use your personal data to answer your requests, to fill out contracts concerning you, for advertising purposes or technical administration. Your personal data will be not transferred or communicated to others, unless it is necessary to conclude your contract, for example: reservation or billing. Of course, your approval is needed. Saved personal data is deleted, if you wish to revoke your backup data agreement (but only if the legal, statuary, contractual delays are not in opposition). And if the data is no longer required for ongoing transaction or for other legal reasons. Also in situation specified by law, the data is blocked and not deleted.
C. RIGHT OF WITHDRAWAL
You can revoke your agreement about data use and transfer at any time by email: email@example.com or by letter.
D. DATA SECURITY
We take all necessary measures to avoid that all our personal data backup is not released to third parties. With email communication, we cannot guarantee complete data security. Consequently, we suggest communicating with us via letter or phone. Information transferred via email is at your own risk.
5. TERMS & CONDITIONS OF SALES
A. ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter: the “General Terms and Conditions”) apply to the sale and delivery in Switzerland and/or Europe of products (hereinafter: the “Products”) ordered on the www.movementskis.com website and/or on all affiliated websites (online.movementskis.ch, outlet.movementskis.ch) (hereinafter: the ”Website”) operated by Movement SA, route du Verney 20, 1070 Puidoux or any affiliated entity (hereinafter: “Movement”).
In order to place an order on the Website (hereinafter: the “Order”), you must accept the General Terms and Conditions as well as the Data Protection Declaration by ticking the corresponding boxes on the online order form. It is, therefore, necessary to read and understand the General Terms and Conditions and the Data Protection Declaration before placing an order on the Website.
The General Terms and Conditions may be modified at any time by Movement; the new General Terms and Conditions will then be published on the Website. In the event of modifications, the last updated version shall come into force with immediate effect and shall be effective for any Order placed as soon as it is published on the Website.
B. CONDITIONS CONCERNING THE CUSTOMER
By placing an Order on this Website, you confirm that you are able and entitled to enter into a contractual commitment, that you are 18 years of age or older and that you are a real person purchasing Products for your private use and not for commercial use. Furthermore, when placing and Order, it is your responsibility to provide accurate and complete information.
C. ORDER AND TRANSFER OF OWNERSHIP
The Products listed on the Website by Movement constitute an invitation to tender. By submitting an Order on the Website [or by other means (such as e-mail)], you are thereby submitting an offer to purchase to Movement (hereinafter: the “Offer”). The sales contract (hereinafter: the “Sales Contract”) is concluded as soon as Movement accepts the Offer from the Customer, i.e. at the time Movement confirms the availability of the Product(s) ordered. If your order concerns several Products, this confirmation may be partial and will only concern the Products listed in the confirmation e-mail.
Although we do our utmost to avoid any delay in the order preparation process to ensure the availability of all Products listed on the Website, a delay or out of stock may occur. In such a case, it is possible that your Order may have to be cancelled in whole or in part, even after receipt of the confirmation e-mail. The amount already paid corresponding to the price of the item(s) for which the Order is cancelled will then be refunded to you as soon as possible, to the exclusion of any other compensation.
Ownership of the Product is transferred to you upon delivery to the address indicated by you on the online order form. The same applies to the transfer of risks, which concerns liability in the event of damage to the Product, or caused by its use or storage.
D. PRICES AND PAYMENT
The prices displayed on our Website are gross and include all taxes (including VAT). Prices are indicated in Swiss francs (CHF) or in euros (€). To the prices displayed are added delivery costs as well as any costs related to payment and, for Orders destined for Europe, customs duties. Delivery costs are specified in the order form.
Prices may be modified at any time according to our suppliers’ prices, introductory prices, promotions or sales. When you submit an Order on the Website, the Sales Contract is concluded for the price as indicated on the Website at the time of the Order. If an Order is placed for an incorrectly priced item and that price is lower than the cost price of the item, we reserve the right to offer to process the Order at the actual price or give you the opportunity to cancel the Order.
In principle and subject to agreement to the contrary, payment for the Order shall be made immediately. We reserve the right to postpone delivery until full payment for the Products ordered has been made.
We only accept payment by credit card (Visa or Mastercard), EC. Payment is made by means of the above-mentioned financial institutions in such a way that no financial information passes through Movement's servers. When paying for your Order, you will be redirected directly to the website or through a pop-up on the website of the financial institution you have selected. An invoice will then be sent to you by e-mail.
E. PROMOTIONAL CODES
Movement SA can provide its customers with promotional codes. These codes are non-transferable and must not under any circumstances be communicated to third parties. In the event of abuse of promotional codes, Movement shall be authorised to withdraw from the Sales Contract with the customer, claim the return of the Products and assert any possible damage it may have suffered. Movement SA shall also be entitled to claim an amount of CHF [100.-] from the client having abused a promotional code for administrative and management costs.
The Products are sent to the delivery address indicated by you on the online order form. Delivery of skis and ski poles in Switzerland can only be made to an authorised retailer and involves a delivery cost of CHF 22.80 + VAT, at your expense. The rest of the equipment can be delivered to an address of your choice at a cost of CHF 13.95 + VAT, at your expense. Items for export (Europe) are delivered to the address of your choice at a price of EUR 30.00, at your expense.
Unless otherwise indicated at the time of the Order validation, the delivery time is approximately two to seven working days from the date of dispatch indicated in the confirmation e-mail. This dispatch date and the delivery time are given as an indication and are not restrictive. In particular, you are obliged to accept your Order even if its delivery takes place after the period indicated. The delivery time for Orders destined for Europe may be significantly longer.
Movement is entitled to make partial deliveries.
G. RIGHT OF RETURN
Products ordered for export (Europe) may be returned without you having to justify the reasons.
To exercise this right of return, you must send an e-mail to firstname.lastname@example.org within 7 days from the day following delivery of the Order indicating, without ambiguity, that you are exercising your right of return.
The Products subject to the right of return must then be returned within a period not exceeding 14 days from receipt of delivery to the following address: Movement, Route du Verney 20, 1070 Puidoux, Switzerland. Only intact, unopened and unused Products will be taken back. The corresponding delivery note must be sent with the returned Products.
No right of return is possible on Products on sale.
If the conditions are met, the price of the returned Product(s) will be refunded, excluding delivery costs and any costs related to the method of payment.
We reserve the right to refuse a return if the Products returned are not in perfect condition or have been used.
The return costs are at your expense. You also assume the risk of the product not reaching us or being damaged on return.
H. DUTY TO VERIFY THE ORDER – NOTICE OF DEFECTS
You are obliged to inspect the Products ordered upon receipt and to notify Movement of any apparent defects and/or reservations on the Order delivered (for example: damaged package, already opened, etc.) within 48 hours of receipt of the Order. In the absence of such notice within the aforementioned period, you shall be deemed to have received the Products in good condition, without defects or damage, and to have accepted the Order in the same condition as received, with the exception of defects that are not visible.
In the event of the discovery of a defect that is not visible, you must notify Movement immediately upon discovery of the defect, otherwise your warranty rights shall be forfeited.
Subject to compliance with the obligations mentioned in article 7, all Products sold by Movement benefit from a 2-year guarantee from the date of delivery of the Product.
In the event of a proven defect, Movement chooses at its own discretion between a refund of the price, the granting of a voucher of equivalent value or the repair or replacement of the defective Product by another product deemed to be equivalent.
The guarantee granted in this article 9 does not cover defects resulting from external circumstances (shock, fall, humidity, etc.), damage caused by your own fault or that of a third party, improper handling, use that does not comply with the Product's specifications or unauthorised modification or repair, as well as defects that are the consequence of normal wear and tear of the Product over time.
Any defective Product must be sent at your expense with the purchase invoice to the following address: Movement SA, Route du Verney 20, 1070 Puidoux, Switzerland.
Under no circumstances may Movement be held liable to you or to third parties for any damage, including indirect or consequential damage, including, in particular, loss of profit, loss of savings, loss of production, loss of contract, loss of goodwill or loss of opportunity resulting from a defect in a Product. This warranty excludes all other legal rights of the buyer in connection with the warranty for defects of the item sold, in particular rights to invoke an essential error or the warranty for defects according to Art. 197 ff. of the Swiss Code of Obligations.
Transfer: You may not assign or transfer any of your rights or obligations under the Sales Contract without our prior written consent.
Severability clause: If any of the clauses of these General Terms and Conditions are partially or totally invalid, the other clauses shall remain valid. These invalid or ineffective dispositions will be replaced by any valid disposition that best corresponds to the parties' intentions where the parties have agreed to such invalid or ineffective provisions.
Entirety: The General Terms and Conditions and the terms and conditions appearing on the "LEGAL" page of the Website constitute the entire agreement between the two parties and supersede and cancel any previous agreement.
No Waiver: Our failure to exercise any right that we may have under the Terms and Conditions does not constitute a waiver of that right to be asserted in the future.
Applicable law and place of jurisdiction: These General Terms and Conditions are subject to Swiss law to the exclusion of conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable. In the event of any dispute regarding these General Terms and Conditions, the Sales Contract or the Products, the exclusive place of jurisdiction shall be Puidoux, Switzerland.
Concept, design and technical support:
rte du Verney 20 - CP4