Version 2013-1; posted and effective as of March 13th 2013
These Sales Terms are applicable to the Salomon UK Online Shop (“Online Shop”) at the URL www.salomon.com/uk salomonrunning.com/uk and salomonfreeski.com/uk, and to orders and sales transactions for Products available at the Online Shop (“Product(s)”).
1.- About These Sales Terms
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
These Sales Terms only apply to purchases made from the Online Shop. Salomon may change or update these Sales Terms from time to time. Salomon will state the effective date above. Any changes to the Sales Terms will apply to orders placed on or after the effective date.
Information contained in Salomon's advertising, brochures, other written materials, on Salomon web sites or given to you, is for information and illustration purposes only and not an offer or guarantee by Salomon to supply any particular Product(s). All products are subject to availability.
2.- Placing an Order.
Please note that we only deliver the Products order via the Online Shop within the within the countries of England, Wales, Scotland and Northern Ireland.
To be able to buy Products you have to:
• be at least 18 years of age;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address in England, Wales, Scotland or Northern Ireland (Note that Salomon is unable to deliver to certain addresses, including but not limited to, P.O.
Box addresses, overseas army addresses, hotels, hostels or prisons.); and
If you are ordering ski bindings, in addition to the foregoing, you are required to provide the following information for mounting and adjusting the bindings on your skis:
• Size (in centimeters)
• Weight (in kilograms)
• Length of the sole of your ski boots which will be used with the bindings in millimeters
• Binding mounting position you expect
• Skier level
When you create a Salomon user account you will also create a personal user identification (your username) and password. You must keep your password confidential and protected at all times and do not disclose it to anyone else. You are personally responsible for each purchase made using your user identification and password. If you suspect your security has been breached or your password has become known to a third party, you are required to change your password immediately (and notify our Customer Service team if you have any concerns).
3.- Order Processing and Contract Formation
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must then be accepted by Salomon. We may choose not to accept any order in our sole discretion (including without limitation orders which we consider to be abnormal and orders which we suspect are not placed in good faith). We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion.
After having received your order, if we accept it, we will send you an acknowledgement email ("Your Salomon Order") with your order number and details of the items you have ordered. Acceptance of your order will take place the moment you receive Your Salomon Order confirmation email. However, please note that the formation of the contract of sale for ski bindings will not take place unless and until you have confirmed the information required for mounting and adjusting the bindings on your skis and we confirm receipt of those details. You remain responsible for the accuracy of the details you provide us.
4.- Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the acknowledgement email “Your Salomon Order” and in Your Salomon Order confirmation email.
Salomon may change prices at any time without notice. Price changes will only apply to orders placed after such changes.
Prices for the Products include VAT or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related VAT or other taxes will be shown before your order is completed and you are asked for payment. It will be confirmed in Your Salomon Order confirmation email.
5.- Product beschikbaarheid en verzending, omstandigheden die buiten onze redelijke macht vallen
Salomon does not guarantee the availability of any Product in the Online Shop. Salomon reserves the right, without liability or earlier notice, to change, discontinue or to stop making available any Product.
For details on different delivery options please see summary of our services.
We will provide to you information on the latest expected delivery date which will not exceed 30 days, unless you specifically agree to a later date or we have informed you (e.g. via the Online Shop or via email) before you place your order.
If you order any personalised items, please note that these are likely to take a little longer to deliver than other Products, as the manufacturing time for such personalised items is added to the shipping time of the selected delivery option.
If you fail to accept delivery of Products you have ordered from us, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered after the first delivery attempt for a period of 7 working days and are returned to us undelivered, your order will be cancelled and we will refund you the full amount of the Product(s) ordered , less the delivery charge paid by you.
Salomon shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
6.- Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the Online Shop as your final point of reference when checking compatibility. In the event of a difference between the Online Shop content and any other Salomon (or non-Salomon) website (or any other source of information) the compatibility of Products as shown on the Online Shop at the time of purchase will be seen as taking precedence.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Online Shop are correct at the time when the relevant information was entered onto the system. Although we aim to keep the details which appear on the Online Shop (and in other media controlled by us) as up to date as possible, such information (including product descriptions) may not always reflect the position exactly at the moment you place an order. We cannot confirm the price or availability of a Product until your order is accepted in accordance with these Sales Terms.
When you receive Products from us, we strongly encourage you to examine the delivery package as soon as it is delivered to you (or at least within 14 days of delivery), in particular to check their condition and fit. You will only have limited rights to return Products after 15 days of delivery (see below).
Payment shall be made by one of the approved means of payment (listed at the Online Shop) list. Your Order confirmation is your proof of purchase. You may access your Order Confirmations by accessing your user account at www.salomon.com/uk with your personal user identification (your username) and password.
8.- Title to Products
Salomon retains full legal title to Products until it has received all amounts due on the ordered Products in full.
9.- Return and Refund, Other Options
Cancellation under the Distance Selling Regulations: If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided you notify our customer service team either via email or by telephone within 15 days after the date on which you receive the product. You may only return items over which you have taken reasonable care and which you have not used. In order to return the Product(s), you will need to complete a Returns Form, which can be obtained from the Salomon Customer Service team. Once we have received and validated your returned items, we will send you a confirmation email. The refund will then be processed by us and confirmed by email. We shall refund the price you paid for the Product(s) plus the initial shipping cost within 30 days of receipt of our receiving the Product(s). PLEASE NOTE THAT YOU CANNOT EXERCISE THIS RIGHT OF CANCELLATION IN RESPECT OF ANY GOODS WHICH HAVE BEEN PERSONALISED (THIS INCLUDES, WITHOUT LIMITATION, SKI BINDINGS AND SKIS AND BINDINGS WHICH HAVE BEEN ADJUSTED TO THE SKIER).
If the Product(s) you have received do not correspond to the ones you have ordered, or if your delivery is faulty, incomplete or damaged in transportation, please contact our customer service team without delay either via email or by phone for assistance.
10. How To Return Items
A return form has been inserted within your package with returns instructions.
You must return the Products in their original packaging. You must include all accessories, user manuals and any free gifts that came in the same package.uitmaken te retourneren.
Where an item has been purchased as a part of a bundle of multiple items, all multiple items within that bundle must be returned. Please treat the items with reasonable care and return them in the condition that they were delivered to you. We encourage you to use, if possible, the original delivery package or pack the items securely and make sure that both the return code and your order number are clearly visible on the outside of the parcel.
To ensure fast and secure return we encourage you to follow the given return instructions and use the return label provided by Salomon. Replacement or refund can only be processed once we have received all the items to be returned.
In case of replacement the original items will be replaced by identical new items.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) with items missing, 4) without following our return instructions, or 5) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
On acceptable return of items, within 30 (thirty) calendar days after the date of receipt of the delivery we will refund you the price you have actually paid for the items (as described above) and in limited circumstances the shipping cost (as described above), by crediting your payment card.
Please note that Salomon will only process returns and refunds for items bought via the Online Shop.
11. Warranties and Statutory Rights
A Salomon limited manufacturer's warranty offered for Products will be included in the user guide or included in the Product's packaging or otherwise made available to you. For more information please see details of the applicable Salomon warranty.
For other than Salomon Products (even if they are contained in Product bundles or promotions), all warranty claims are to be made in accordance with the warranty terms and conditions of the manufacturer.
If you believe that you are entitled to repair services under the Salomon limited manufacturer's warranty or based on your statutory rights, please contact our Customer Service team.
12. Personal Data
We will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on our part) we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
13.- Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the supply of the Products. To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your intended purposes.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Online Shop, we make no warranties, whether express or implied in relation to its accuracy (save as expressly set out in these Sales Terms). We make no warranty that the Online Shop will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Shop. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Shop.
AS FAR AS SKI BINDINGS ARE CONCERNED, YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION IN ORDER THAT WE MAY CONDUCT PROPER MOUNTING AND ADJUSTMENTS. WE SHALL DO SO ACCORDING TO THE INFORMATION YOU PROVIDED DURING THE ORDER PROCESS AND IN ACCORDANCE WITH ESTABLISHED SKI INDUSTRY STANDARDS. WE CANNOT BE HELD RESPONSIBLE FOR MOUNTING OR ADJUSTMENTS WHICH ARE BASED ON INCORRECT INFORMATION PROVIDED BY YOU.
IN CASE THE INFORMATION AS PROVIDED BY YOU DOES NOT ALLOW MOUNTING OR ADJUSTING OF YOUR BINDINGS IN ACCORDANCE WITH ESTABLISHED SKI INDUSTRY STANDARDS, YOUR BINDINGS WILL BE MOUNTED BUT NOT ADJUSTED. IT SHALL BE YOUR RESPONSIBILITY TO HAVE THE BINDINGS SET, TESTED AND ADJUSTED BY AN AUTHORIZED SALOMON SKI DEALER BEFORE USE.
We shall not be liable whether in contract, tort or otherwise for any special, punitive, consequential or indirect losses, or any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or any other kind of loss or damage of any kind howsoever arising. However, nothing in this Section 13 shall affect your statutory rights and nothing in these Sales Terms shall exclude or limit liability which may not be lawfully limited or excluded under applicable law, including without limitation liability arising from death or personal injury caused by negligence, or fraud.
The Online Shop may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Shop and any transactions conducted on or through the Online Shop.
If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
The Online Shop is owned by and operated by Amer Sports Europe Services Gmbh, company registration number HRB 142722, Parkring 15, 85748 Garching, Germany, VAT number DE813491874which is an affiliated company of Salomon SAS (together "Salomon", "we" or "us" as the context may require). Supplies Distributors SA, rue Louis Blériot 5, 4460 Grâce-Hollogne, Belgium (company registration number 0475.286.142, UK VAT number GB804903542) is the seller/distributor of the Products.
In relation to purchases from the Online Shop, we will communicate electronically by sending email or otherwise posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
Please note that these Sales Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
15. Contact details
Salomon Customer Service will assist you with any Online Shop order related questions including any comments, queries or complaints.. You can contact us either via email or by phone from Monday to Friday between 9am and 5pm, except public holidays.
16. These Sales Terms
These Sales Terms govern our relationship with you in relation to any purchases made via the Online Shop and take precedence over any other conflicting agreement or terms. They are subject to change from time to time, so check back regularly. You confirm that, in agreeing to accept the Sales Terms, you have not relied on any representation (save for the representations expressly made in these Sales Terms ) and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions.
17. Governing law
These Sales Terms shall be governed and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdiction of the courts of England.