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Terms and Conditions

ROSSIGNOL ONLINE SHOP

GENERAL BUSINESS TERMS

 

 

1.     PRELIMINARIES

 

These are the terms and condition of sale of Rossignol Online Shop, Skiverleih Kirchberg Margreiter GmbH, Lendstraße 12, 6365 Kirchberg, Austria. These terms will apply to all purchase of Goods when you order via our website (www.rossignol-shop.com). Please read this document carefully before placing order.

 

By accepting the General Business Terms when confirming your order, you confirm your unconditional acceptance of these conditions.

 

 

 2.     SCOPE

 

In these conditions:

 

„Customer“ means a person acting as a consumer who is purchasing goods outside the course of his or her business or trade.

„You“ means the customer submitting an order for Goods.

„Goods“ means the Goods to be supplied under these conditions.

„Party“ means either you or us, „Parties“ means you and us.

„Writing“ means letter, fax or e-mail.

It is only be in posse to order if you fill in your complete and truthfully customer data. The contract for supply of Goods will be formed when we accept your order. Once the contract has been formed with you we will file it in paper copy for our records. All orders are subject to availability.

Orders may only be placed by customers aged 18 and over. If the customer is under 18 years old an explicit consent of the legal guardian is needed.

These Conditions and any matters referred to on our receipt from the entire understanding between you and us and supersede any prior promisses, represantations (unless fraudulent) or undertakings.

By accepting the contract you confirm that you are a customer inEurope.

No third party may claim any rights under this contract.

 

 3.     ORDERS

 Orders  via Website:

Orders can be placed through our website. You will be responsible for paying any costs of connection to our website.

 

Whilst we take responable care in ensuring that all material contained in our website is accurate and up-to-date at the time it is posted, we cannot guarantee it. All images, illustrations and descriptions of the goods are for information only and you are advised to contact our Client Services Team for further information about the goods.

 

Whilst we try to ensure that our website is reliable and available at all the time, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur any time. We do not give any warranty for the accurancy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our website.

 

We will not be liable for any damages (including without limitation loss profit or loss of use) arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence.

 

In the event prolonged inactivity causes your connection to our website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.

 

Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the goods. We will acknowledge receipt of your order without delay by sending a confirmation email. Please note however that such confirmation email does not constitute acceptance of your order.

 

The sale will only be binding to us once we have notified you that the order is accepted and the goods have been dispatched by us. This means that if goods are shown on our website but are not available o rare incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such goods.

 

You will only be charged for goods which have been dispatched to you.

 

 

4.     PRICE

 

The price of the goods you order will be shown on the website before you confirm your order and will be confirmed on the written confirmation that you will receive when the goods are delivered. All prices are in EURO (€) and inclusive VAT (except where otherwise stated on our website).

Deliveries to countries outside the EU are without sales tax, the contigent customs duties and sales tax of the receiving country (ex. import sales/purchase tax) are the responsibility of the buyer.

Sollte sich die Lieferadresse außerhalb der EU befinden, werden die Preise exklusive Mehrwertsteuer ausgewiesen und werden die Preise auch auf der Bestellbestätigung exklusive Mehrwertsteuer angeführt. Die bei der Lieferung anfallenden Zölle, Abgaben, einschließlich allfälliger Ein- und Ausfuhrabgaben sind in der jeweiligen gesetzlichen Höhe vom Käufer zu tragen.

 

If an error is found in the price of goods you have ordered we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

 

 

5.     PAYMENT

 You must pay for the goods prior to their dispatch to you by credit card, PayPal or bank transfer. Payment must be in EURO (€). The following credit cards are accepted: Visa and Mastercard.

 

In the event that the sum due from you cannot be debited for whatever reason (including, without limitation, stopped payment, refusal by the issuer of the card), the sale will be cancelled immediately.

 

 

6.     DELIVERY

 

The goods you order will be delivered during normal business hours once payment has been confirmed to the address which you give to us when you place your order.

 

Delivery will be made by express courier. Please note that deliveries are not made care of or hotel or PO Box address.

 

If there is no one at the address given who is competent to accept delivery of the goods, you will be asked to contact our Client Services in order to arrange an alternative delivery date to collect the goods.

 

No delivery will take place unless payment for the goods has been received. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will aim to deliver the goods within 30 days.

 

Ownership of the goods and the risk for damage to the goods passes to you upon delivery.

 

If, at the time of delivery, the packaging is damaged, you are required to open the package in the presence of the carrier in order to verify the condition of the goods. In the event of damage to the goods, you should note details on the delivery note and contact the Client Services Team (see clause below).

 

 

7.     LIMITATION OF LIABILITY

 

We will not be liable to you by the way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for

any losses which are not reasonably foreseeably by both parties when the contract is formed arising in connection with the supply of goods and related services or their use by you;

any losses which are not caused by any breach by us;

business or trade losses.

 

Our entire liability in connection with the contract will not exceed the purchase price of the goods in question.

 

Nothing in this contract means that our liability to you for death or personal injury resulting from our negligence or that our employees, agents or sub-contractors is limited.

 

We shall repair or replace, free of charge any goods damaged or lost in transit where delivery has been made by our carrier, provided that:

you give us written notification of such damage or loss within 24 hours of the delivery date in case of damage and within 24 hours of the ancipated delivery date notified to you at the time you placed your order in the case of loss, in order that we may comply with our carrier’s conditions of carriage;

you produce to us any receipt or other documents relating to the goods in question together with (in the case of a claim for damage) the original packaging for the goods.

 

 

8.     YOUR RIGHT OF CANCELLATION

 

If the customer is a consumer in the meaning with the KSchG, he can rescind the contract within seven working days (except Saturdays) following the day of delivery. If the customer is from abroad he can rescind the contract within fourteen working days (except Saturdays) following the day of delivery.

 

To exercise your right of cancellation before the goods have been delivered to you, you must give written notice to us by hand or post to Skiverleih Kirchberg Margreiter GmbH, Rossignol Online Shop, Lendstraße 12, 6365 Kirchberg in Tirol, Austria, or by email to info@rossignol-shop.com giving details of the goods ordered and (where appropriate) their delivery.

 

If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us as soon as possible and at your own cost (unless on receipt of the goods we consider that the goods are faulty, whereupon we will refund or re-credit you with the cost of returning the goods to us) in their original packaging, complete with any related accessoires or instruction booklets, together with the duly completed return voucher and the original invoice, to the following address: Skiverleih Kirchberg Margreiter GmbH, Rossignol Online Shop, Lendstraße 12, 6365 Kirchberg in Tirol, Austria.

 

For your protection, we recommend that you use a recorded delivery service.

 

If you do not return the goods as required under these conditions, we will charge you a sum not exceeding the direct cost of recovering those goods.

 

You will get automatically a credit note about the sum that has been paid by you for the goods on our website after we have received the returned goods. If you’d rather like us to refund or re-credit you the sum that has been paid by you or debited from your credit card for the goods, you must give written notice to us by hand or post to Skiverleih Kirchberg Margreiter GmbH, Rossignol Online Shop, Lendstraße 12, 6365 Kirchberg in Tirol, Austria or by email to info@rossignol-shop.com within seven days after you have received the goods. We will refund or re-credit you the sum after we have received the returned goods and the latest within 30 days. Alternatively, we are happy to exchange the goods you have ordered.

 

No refund will be offered by Goods that are returned by the customer incomplete, damaged or soiled.

 

9.     CONSUMER REVOCATION RIGHT

 

Should there be discrepancies between the interpretation of the German and English ver- sions of this Notice of revocation rights, the German version shall prevail.

 

Notice of revocation rights

Revocation rights

You can revoke your contractual statement within 7 days without indicating reasons in text form (e.g. letter, email, fax) or - if the item is delivered to you before expiry of the time limit - also by returning the item. The deadline takes effect on receipt of this notice in text form. Timely dispatch of revocation or the item is sufficient to observe the revocation deadline.

Revocations are to be submitted to:

Rossignol Online Shop - Skiverleih Kirchberg Margreiter GmbH, Lendstraße 12, 6365-Kirchberg in Tirol, Austria, EMail: info@rossignol-shop.com, Phone: +43 5357 35767, Fax: +43 5357 35767 77

 

Revocation consequences

In the event of a valid revocation, the performance delivered by either party is to be returned and the proceeds of any utilization (e.g. interest) submitted. If you cannot submit / return the received performance and benefits (e.g. utilization benefits) to us, or submit / return them only partially or in a deteriorated condition, you need to compensate us to the required extent.

You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality. Testing of properties and functionality is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance.

The cost of returning the goods shall be borne by you. No new delivery can take place until we have received the returned goods from you. The cost of the new delivery for the exchanged goods shall be borne by you too. 

Payment obligations must be fulfilled within 30 days. The time limit becomes effective on dispatch of your revocation notice or the item for you, and on its receipt for us. 

 

 

10.     EXCHANGE OF GOODS

 

When you buy goods from us, the goods must be:

of satisfactory quality and as described.

 

If they do not meet these standards, you may be able to claim a refund or replacement. If there is a problem with your goods, please let us know.

 

If they do not meet these standards, you may be able to claim a refund or replacement. If there is a problem with your goods, please let us know.

In addition to your legal rights we operate an exchange policy for our customer in respect items delivered, subject to the following conditions:
Within 7 days following the date of delivery, you may return the items in question in their original packaging, complete with any related accessoires or instruction booklets, together with the original invoice and the return voucher to the following address: Skiverleih Kirchberg Margreiter GmbH, Rossignol Online Shop, Lendstraße 12, 6365 Kirchberg in Tirol, Austria. It is your responsibility to obtain proof that the goods have been returned, by returning the items by registered post or by such other means which gives proof of date of postage and delivery. The cost of returning the goods shall be borne by you. No new delivery can take place until we have received the returned goods from you. The cost of the new delivery for the exchanged goods shall be borne by you too. You will be informed by us about the shippig cost.

 

In the event that goods are exchanged, the initial sale will be cancelled. The new transaction payment will be set off against the amount of the preceding sale. Any credit note will be iussed to you. You have to pay any additional payment before we will send you the exchanged items.

 

 

 

11.   FURTHER INFORMATION

 

For further information relating to these conditions or the goods themselves, you should contact our Client Services Team from Monday to Friday (08:00 – 12:00 and 14:00 – 18:00) on 0043 / 5357 / 35767.

 

 

12.   INTELLECTUAL PROPERTY RIGHTS

 

The „Rossignol“ trade mark as well as all trade marks, whether they are figurative or not, and all other marks, illustrations, images, and logos which appear on our products, accessoires or packaging, whether registered or not, are and remain the exclusive property of Rossignol. Any reproduction, wheter complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without or written, express or prior agreement, is strictly prohibited, as in any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.

 

 

13.   DELAY OR FAILURE TO PERFORM

 

We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us correct delivery address or notify us of any change address.

 

We will inform you of any such unforeseen event or force majeure within seven days of this occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and a refund will be made in accordance with clause 8. of these conditions.

 

 

14.  GOVERNING LAW

 

The Contract is governed by the laws of Austria and the Austrian Courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.