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ZEROKAY SPORTS SÀRL

General Terms and Conditions of Sale

Version of February 8, 2024

Version of February 8, 2024

  1. Introduction

 

This section serves as the preamble to the General Terms and Conditions of Sale (hereinafter referred to as “GTC”) of ZEROKAY SPORTS SÀRL, a limited liability company located at 114, rue du Rhône, 1204 Geneva, Switzerland (hereinafter referred to as “ZEROKAY”). ZEROKAY specialises in creating and selling sports equipment, such as ski helmets and ski goggles, directly on our website at www.zerokaysports.com.

The application of these GTC is exclusive and mandatory for any order placed on the website www.zerokaysports.com. Placing an order on the said site implies unreserved acceptance by the buyer (hereinafter referred to as the “Client”) of these GTC, which prevail over any other document, except formal and express derogation from ZEROKAY.

ZEROKAY reserves the right to modify these GTC at any time. Modifications will take effect immediately upon their publication on the website www.zerokaysports.com. It is the Client’s responsibility to regularly consult the GTC to stay informed of any changes.

  1. Definitions

 

  • ZEROKAY SPORTS SÀRL: Refers to the limited liability company with its registered office located at 114, rue du Rhône, 1204 Geneva, Switzerland, specializing in the online marketing of sports equipment.
  • Client: Any natural or legal person placing an order on the website www.zerokaysports.com.
  • Order: Act by which the client commits to purchasing products and/or services and ZEROKAY commits to providing them according to the terms of these GTC.
  • Products: Goods of any nature sold by ZEROKAY on its website, including, but not limited to, ski helmets and goggles.
  • Price: Monetary value of products or services as indicated on ZEROKAY’s site.
  • Personal Data: Any information relating to an identified or identifiable natural person, processed in the context of the order.
  • Intellectual Property: Rights related to the creative and distinctive elements of ZEROKAY, including trademarks, logos, designs, website images.
  • Privacy Policy: Document defining how clients’ personal data are processed, protected, and used by ZEROKAY.
  • Applicable Law: The set of laws and regulations in force governing the GTC and their interpretation.

 

  1. Order Process and Acceptance

 

The Client may place an order in one of three ways:

  1.  as a visitor,
  2.  by creating a new account, or
  3.  by using an existing account.

 

Order Steps:

  • Selection of products and addition to the cart: The Client selects the products, views the detail and price of their order, and can correct any errors before confirming by clicking on “Payment”. A summary is accessible at any time via the “my cart” link.
  • Validation of the cart’s contents
  • Information about the Client and delivery address: The Client must provide their first name, last name, billing address, delivery address, email address, and phone number. They also choose the delivery method. ZEROKAY is not responsible for any errors or omissions made by the Client in this information, which could lead to delivery delays or errors. Any return and reshipping costs, if applicable, will be borne by the Client.
  • Order confirmation: An order form summarizes the items, prices, shipping costs, delivery method, type of payment, and the Client’s contact details.
  • Acceptance of the GTC: The Client acknowledges having read and accepted the GTC and confirms the accuracy of all entered information.
  • Payment validation: The order becomes final and irrevocable once the payment is validated by the Client. No modifications are possible after validation.

 

The finalization of the contract between ZEROKAY and the Client is effective only after ZEROKAY confirms the order. This confirmation, as well as the payment confirmation, will be sent by email to the address provided by the Client. ZEROKAY reserves the right to cancel or refuse any order that presents a potential risk at its sole discretion.

  1. Product Description and Availability

 

  • Product Descriptions

 

ZEROKAY commits to providing accurate and detailed descriptions of products on its website. While considerable efforts are made to ensure the accuracy of this information, except for data related to certifications, these descriptions should not be seen as formal guarantees of the product features.

Photographs and visual representations of products are provided for reference only. ZEROKAY cannot guarantee an exact match with the actual product, especially regarding colors. Variations in shades or finishes may occur, particularly due to differences in monitor types and settings. For specific queries, customers are encouraged to contact ZEROKAY for more information.

  • Product Availability

 

ZEROKAY reserves the right to modify its product range at any time. Specific offers may be available for a limited period, clearly indicated for each product or range concerned.

ZEROKAY commits to fulfilling orders placed on the site, subject to stock availability. In exceptional cases, a product initially indicated as available may become unavailable after order validation. In such cases, the customer will be informed via email as soon as possible, the order will be canceled, and the amount paid will be fully refunded.

In the event of a stockout, ZEROKAY cannot be held liable. No cancellation compensation, other than the full refund of the order, may be claimed by the customer.

  1. Prices

 

The prices of products offered by ZEROKAY are in Swiss Francs (CHF). For customers based in Switzerland, these prices include Swiss VAT according to current legislation and are firm and final at the time of the customer’s final confirmation of the order.

For customers accessing the site from abroad or having items delivered outside of Switzerland, the displayed prices in Swiss Francs do not include Swiss VAT, as it is not applicable. In such cases, customers may be subject to VAT, as well as other taxes and customs duties applicable in the delivery country. These additional costs are the responsibility of the customer and will be billed separately, in addition to the price of the products displayed on the site.

It is important to note that the prices displayed on the site do not include delivery charges. These will be clearly notified and added to the total amount at the time of cart validation. The delivery charges are based on current rates and include packaging costs.

ZEROKAY regularly offers special deals, sales, or discounts. These promotions are valid until the indicated date or until stocks are exhausted. ZEROKAY reserves the right to change its prices at any time, but the price displayed on the site at the time of the order is the one that will be applied.

For deliveries outside Switzerland, it is important to note that customs duties and all other applicable taxes are the exclusive responsibility of the customer. These additional charges, which vary depending on the destination country, are not included in the final price and must be considered by the customer when finalizing their order.

  1. Payment

 

ZEROKAY provides customers with a variety of payment options, ensuring both flexibility and security in the payment process.

  • Payment by Twint and Credit Card

Customers can pay for their orders using Twint or a credit card. When this option is selected, the total order amount will be charged to the customer’s account at the time of the transaction. Customers must ensure they have the necessary permissions to use their chosen payment method. It is the customer’s responsibility to use the bank card they own personally. ZEROKAY cannot be held responsible for fraudulent use. If the bank refuses the transaction, the order will be automatically canceled, and the customer will be informed by email.

ZEROKAY employs the secure payment system of Worldline Suisse SA. Payment-related confidential data is transmitted in encrypted form directly to Worldline Suisse S.A., ensuring the confidentiality and security of the payment. Only the payment service provider has access to the banking information provided during the transaction. No banking data is stored on ZEROKAY’s servers.

  • Payment by Voucher

During payment, customers have the option to use a voucher. To do this, they must enter the voucher code at checkout. The amount of the voucher will then be automatically deducted from the total order amount.

  1. Delivery and Receipt

 

  • Delivery Policy

After receiving and confirming payment for the order, ZEROKAY strives to process and ship orders within a maximum of 3 business days. However, this period may be extended during periods of high activity or sales.

  • Order Shipment

Shipments are made with a tracking number. For deliveries requiring a signature, if the customer is not present, a notice will be left, inviting the customer to pick up their package from the post office. If the package is not collected within the allotted time and is returned to ZEROKAY, the return and reshipping fees will be charged to the customer. Ownership and risks associated with the package are transferred to the customer upon delivery to the carrier, typically Swiss Post. ZEROKAY is not responsible for the delivery once the package is handed over to the carrier but remains available to assist in case of any problems, provided that immediate and complete notification is sent by email.

  • Responsibility for the Delivery Address

ZEROKAY uses the information provided by the customer for delivery. Any error or omission in the provided address that compromises delivery is the responsibility of the customer. ZEROKAY is not responsible for delivery failures or lost packages in case of an incorrect or incomplete address.

  • Packaging and Protection

ZEROKAY commits to carefully packaging products but is not responsible for damage occurring during delivery, as the responsibility lies with the transport service.

  • Shipping Costs for Switzerland

For all deliveries within Switzerland, ZEROKAY dispatches orders through Swiss Post, complete with a tracking number. We offer free economy shipping for every order and complimentary priority shipping on orders exceeding CHF 350.-.

  • Shipping Outside Switzerland

For international orders, delivery is provided free of charge when shipped via economy FedEx, complete with a tracking number. However, all customs duties and any applicable fees remain the responsibility of the customer.

  • Note on International Deliveries

It is important to note that for international deliveries, additional customs fees, import duties, or taxes may apply. These additional charges are the responsibility of the customer and are not included in ZEROKAY’s delivery charges.

  1. Right of Withdrawal and Returns

ZEROKAY’s policy on withdrawal and returns is designed to ensure customer satisfaction while adhering to compliance and quality standards.

  • Product Conformity

ZEROKAY commits to refunding or exchanging products that are defective, damaged upon delivery, or not matching the order. Customers have a 3-day period after delivery to report any issues to ZEROKAY via email at [email protected]. Beyond this period, without any claim, products will be considered as conforming and free of defects, and no claims will be accepted.

  • Exchange and Return Policy:

 

  1. Defective Items: Customers who receive defective items should email ZEROKAY with the order number, a detailed description of the defect, and clear photos showing the defect. ZEROKAY will address these on a case-by-case basis, ensuring customer satisfaction.
  1. Non-Defective Items: For items that are not defective, returns and exchanges are available under the following conditions:
  2. Item Returns: Returns are accepted within 14 days post-delivery, provided the items are in pristine, unused condition with all original tags attached. Customers must email ZEROKAY to express their intent to return an item. For compliant returns, ZEROKAY will refund the price of the item, excluding any shipping costs incurred initially or for the return.
  3. Item Exchange: Exchanges are permitted within 14 days of delivery, under the condition that the item remains intact, unused, and with all original tags. Customers intending to exchange an item must notify ZEROKAY via email. For customers in Switzerland, ZEROKAY will refund the initial and return shipping costs for compliant exchanges. International customers are not eligible for shipping cost refunds.

 

  • Refund Policy For returns meeting our conditions, ZEROKAY will issue a refund for the full price of the returned item, including initial shipping costs. The customer is responsible for the cost of return shipping. This policy applies uniformly across all items sold on ZEROKAY’s website.

 

Specific Regional Policies:

  • Switzerland: For defective items, ZEROKAY covers the return shipping costs. For all other returns and exchanges, shipping and return costs are the customer’s responsibility, unless the item is defective.
  • Europe and UK: ZEROKAY does not offer exchanges for customers in Europe. Return shipping costs for defective items will be covered by ZEROKAY.

 

General Guidelines:

To ensure a smooth refund process, customers are advised to use a trackable mail service for returns, as ZEROKAY cannot be held responsible for lost or missing packages. Upon receiving and inspecting the returned item(s), ZEROKAY will process the refund to the original payment method and confirm via email.

Exchanges: ZEROKAY understands the need for exchanges to ensure customer satisfaction. The same conditions as returns apply to exchanges. Swiss customers are allowed one exchange per order within 14 days of purchase, with ZEROKAY covering all related shipping costs. Exchanges are not available for customers in Europe.

 

  1. Guarantees and Responsibilities
  • Product Warranty: ZEROKAY commits to providing high-quality products. All ZEROKAY products come with a legal compliance warranty and a warranty against hidden defects, allowing customers to return defective or non-conforming products.
  • Responsibilities Regarding Product Descriptions: While ZEROKAY does everything possible to ensure the accuracy of product information, including certifications, this information should not be seen as an absolute guarantee of product features.
  • Limitation of Liability: ZEROKAY cannot be held responsible for indirect damages resulting from the purchase of its products. Furthermore, ZEROKAY’s liability cannot be invoked for any failure or delay in the execution of its obligations arising from circumstances beyond its reasonable control, such as force majeure events.

 

  1. Protection of Personal Data

The protection and confidentiality of our customers’ personal data are of utmost importance to ZEROKAY. We process and store only the personal data strictly necessary for processing, billing, and delivery of orders. This information is only shared with third parties essential to the order and its delivery process and is never used for advertising purposes. Our Privacy Policy, available on our site, provides full details on how we process personal data, including opt-out and information deletion options.

  1. Intellectual Property

All elements of the ZEROKAY online sales site, including texts, images, graphics, and source code, are the exclusive intellectual property of ZEROKAY and/or its suppliers. Any unauthorized reproduction, publication, transmission, modification, or distribution of the elements of the www.zerokaysports.com site is strictly prohibited and subject to legal action. The use of the site’s content, even partially, is subject to ZEROKAY’s prior authorization.

  1. Applicable Law and Dispute Resolution

These General Terms and Conditions of Sale and the contracts concluded under them are governed by Swiss law, excluding the rules of private international law. The exclusive legal venue for any dispute is Geneva, Switzerland. In case of interpretation discrepancies, the French version of the General Terms and Conditions of Sale prevails.

  1. Termination

Either party may terminate their agreement to these terms in case of a substantial breach of contract, insolvency, or inability to use the services provided by ZEROKAY.

  1. Notification of Changes

ZEROKAY reserves the right to modify these terms and conditions at any time. Any changes will be communicated to customers via email or a visible notification on our website.

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