General Terms and Conditions of Sale

Introduction

These General Terms and Conditions of Sale (“GTC”) govern the sale of products by ZEROKAY SPORTS SÀRL, a limited liability company located at 114, rue du Rhône, 1204 Geneva, Switzerland (“ZEROKAY”), through its website www.zerokaysports.com. ZEROKAY specializes in the creation and sale of sports equipment and apparel, including ski helmets, ski goggles, caps, t-shirts, and beanies. and sale of sunglasses from the brand 20 Grammi.

By placing an order on www.zerokaysports.com, the Client unreservedly accepts these GTC, which take precedence over any other document, except where formally agreed otherwise by ZEROKAY. ZEROKAY reserves the right to modify these GTC at any time, with changes taking effect immediately upon publication on the website. Clients are responsible for regularly reviewing the GTC to stay informed of any updates.

Definitions

• ZEROKAY SPORTS SÀRL: The company specializing in the online sale of sports equipment and apparel.
• Client: Any person placing an order on www.zerokaysports.com.
• Order: A commitment by the Client to purchase products and/or services, and by ZEROKAY to provide them under the terms of these GTC.
• Products: Items sold by ZEROKAY, including but not limited to ski helmets, goggles, sunglasses, caps, t-shirts, and beanies.
• Price: The monetary value of products or services as indicated on ZEROKAY’s website.
• Personal Data: Information relating to an identifiable person, processed during the order process.
• Intellectual Property: Rights related to ZEROKAY’s creative and distinctive elements.
• Privacy Policy: Document outlining how ZEROKAY processes and protects personal data.
• Applicable Law: The laws governing these GTC.

1. Order Process and Acceptance

The Client may place an order as a visitor, by creating a new account, or by using an existing account. The steps include:

• Product Selection and Cart Validation: The Client selects products, reviews the order details, and confirms by clicking “Payment.” The cart summary is available at all times.
• Client Information and Delivery: The Client must provide accurate personal and delivery details. Errors may result in delivery delays, for which the Client is responsible.
• Order Confirmation: The order form summarizes items, prices, and delivery details.
• Acceptance of GTC: The Client must accept these GTC before finalizing the order.
• Payment Validation: The order becomes final once payment is validated. No modifications are possible post-validation.
• Order Confirmation: ZEROKAY will confirm the order via email. ZEROKAY reserves the right to cancel or refuse any order at its discretion.

2. Product Description and Availability

• Product Descriptions
  ZEROKAY commits to providing accurate and detailed descriptions of products on its website, including personalized/custom helmets, 20 Grammi sunglasses, caps, t-shirts, and beanies. 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, Clients 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 Client 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 Client.

3. Personalized/Custom Ski Helmets

• Scope of Service
  ZEROKAY offers a personalized helmet service through its Edition range, allowing Clients to select custom colors and add initials to the helmets.
• Color Selection and Accuracy
  Clients may select colors from a limited palette provided by ZEROKAY or request a custom color outside of this palette. For custom colors, Clients are asked to describe the desired color, and ZEROKAY will strive to match it as closely as possible. However, Clients acknowledge that the final painted color may vary slightly from the described color due to the nature of materials and the painting process.
• Order Timeline and Delivery
  Orders for personalized helmets typically require 30 working days for completion. ZEROKAY will endeavor to meet this timeline but does not guarantee delivery by a specific date.
• Non-Refundable and Non-Exchangeable
  Due to the custom nature of the personalized helmets, all sales are final. Personalized helmets are non-refundable and non-exchangeable. Clients are encouraged to carefully review their order details before submitting.
• Custom Color Requests
  Clients may request colors outside of the predefined palette. ZEROKAY does not work with Pantone codes or other specific color systems but will attempt to approximate the requested color based on the Client’s description or provided pictures. The final color may not be an exact match but will reflect the closest achievable approximation.
• Liability
  ZEROKAY shall not be held liable for any minor color variations or for any dissatisfaction arising from the approved and produced personalized helmet, as long as it meets the specifications provided by the Client.

4. Prices

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

For Clients 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, Clients 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 Client 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 Client. These additional charges, which vary depending on the destination country, are not included in the final price and must be considered by the Client when finalizing their order.

5. Payment

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

• Payment by Twint and Credit Card
  Clients 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 Client’s account at the time of the transaction. Clients must ensure they have the necessary permissions to use their chosen payment method. It is the Client’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 Client 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, Clients 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.

6. Delivery and Receipt

1. 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
2. Order Shipment
   Shipments are made with a tracking number. For deliveries requiring a signature, if the Client is not present, a notice will be left, inviting the Client 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 Client. Ownership and risks associated with the package are transferred to the Client 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.
3. Responsibility for the Delivery Address
   ZEROKAY uses the information provided by the Client for delivery. Any error or omission in the provided address that compromises delivery is the responsibility of the Client. ZEROKAY is not responsible for delivery failures or lost packages in case of an incorrect or incomplete address.
4. 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.
5. Shipping Costs for Switzerland
   For all deliveries within Switzerland, ZEROKAY dispatches orders through Swiss Post, complete with a tracking number. Shipping Cost :

Free Shipping: Available on orders over 300 CHF

Economy Shipping: 7 CHF

Priority Shipping: 10 CHF

1. Shipping Outside Switzerland

   We currently deliver to selected countries in Europe and beyond.
   For the complete and most up-to-date list of delivery destinations, please refer to our Shipping Policy.

   Shipping Costs: Shipping costs are calculated based on the number of items in your order and the country of the delivery address. The exact cost will be displayed at checkout.

   All customs duties and any applicable fees remain the responsibility of the Client.

   Note on International Deliveries
   For international deliveries, additional customs fees, import duties, or taxes may apply. These charges are not included in ZEROKAY’s shipping costs and are the responsibility of the Client.

   ---

7. Right of Withdrawal and Returns

Product Conformity
ZEROKAY commits to refunding or exchanging products that are defective, damaged upon delivery, or not matching the order. Clients have a 3-day period after delivery to report any issues to ZEROKAY via email at info@zerokaysports.com. 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: 

• Defective Items: Clients 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 Client satisfaction.
• Non-Defective Items: For items that are not defective, returns and exchanges are available under the following conditions:
  • Item Returns: Returns are accepted within 14 days post-delivery, provided the items are in pristine, unused condition with all original tags attached. Clients 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.
  • Item Exchange: Exchanges are permitted within 14 days of delivery, under the condition that the item remains intact, unused, and with all original tags. Clients intending to exchange an item must notify ZEROKAY via email. For Clients in Switzerland, ZEROKAY will refund the initial and return shipping costs for compliant exchanges. International Clients 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 Client is responsible for the cost of return shipping. This policy applies uniformly across all items sold on ZEROKAY’s website.

8. 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 Clients 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.

9. Protection of Personal Data

The protection and confidentiality of our Clients’ 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.

10. 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.

11. 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.

12. 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.

13. Notification of Changes

ZEROKAY reserves the right to modify these terms and conditions at any time.