Terms of sale

If you are a consumer:

ARTICLE 1. ACCEPTANCE – ENFORCEABILITY
These General Terms and Conditions of Sale (GTCS) apply automatically to all sales of products (hereinafter the “Products”) concluded by EDELWEISS SAS, whose registered office is located at Chemin de Montplaisir 38780 Pont-Évêque France, registered with the Vienne Trade and Companies Register under number 423 791 060 (hereinafter “EDELWEISS”), on the website www.edelweiss-ropes.com (hereinafter “the Site”), with any non-professional buyer (hereinafter “the Customer”) who accepts them, acknowledges having full knowledge of them and therefore waives the right to rely on any conflicting document. No document other than these GTCS may create obligations for the parties or derogate from these GTCS unless agreed in writing and signed by the parties. The GTCS are accessible at any time on the Site and shall, where applicable, prevail over any previous version or any other conflicting document. The Customer may request that EDELWEISS send them the GTCS by email. The Customer may also save, print or copy them, it being specified that saving, printing or copying this document is their sole responsibility, as these GTCS may be subject to change. Any amendments to these GTCS are enforceable against Customers as from their publication online and apply to transactions concluded after their publication.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received, prior to placing the order and entering into the contract, in a legible and comprehensible manner, these GTCS and all of the following information: the essential characteristics of the Products; the price of the Product and the shipping costs; the delivery time; information relating to the identity of EDELWEISS, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal and the legal guarantees; the possibility of using a consumer mediator.

ARTICLE 3. ORDERS
3.1. Browsing the Site. The Customer may view the various Products offered for sale by EDELWEISS on its Site and browse freely through the various pages of the Site without being committed to placing an order.

3.2. Placing an order. If the Customer wishes to place an order, they will select the Products they are interested in and indicate this interest by clicking on the “Buy” button. At any time on the website, the Customer may: view the details of the Products selected by clicking on “View my cart”, continue selecting Products by clicking on “Continue shopping”, or complete their selection and order these Products by clicking on “Order”. To order the Products selected, after clicking on “Order”, the Customer must log in, either by entering their email address and confidential password if they have already created an account, or by clicking on “Create my account” if not. In the latter case, the Customer must accurately complete the form provided, indicating the information necessary for their identification, in particular their surname, first name, postal address and telephone number. In addition, the Customer must provide their email address and a password of their choice, which will be personal and confidential and which they will need to log in to the Site in the future. The Customer is informed and accepts that entering these two identifiers constitutes proof of their identity. Once logged in, the Customer must confirm the delivery address. An order form will then appear on screen, detailing in particular: the type, quantity and price of the Products selected by the Customer, the total amount of the order, the Customer's contact details, the latest delivery date of the Products and the delivery address of the Products. The Customer may correct any errors before confirming the order. In that case, a new order form will be generated automatically.

3.3. Final confirmation of the order. After reviewing the order form, and once all the information requested has been completed, the Customer will tick the box accepting these general terms and conditions of sale and click on “Confirm order”. The order confirmation button bears the words “Order with obligation to pay”. This second click constitutes an electronic signature. This signature is legally valid and binds the Customer in the same way as a handwritten signature. The order form will be recorded in EDELWEISS's computer records, which are themselves stored on a reliable and durable medium, and will be considered as proof of the Customer's commitment. The Customer may choose their preferred payment method from those offered by EDELWEISS and will pay for the Products under the conditions set out in Article 6.

3.4. Order summary. Once the Customer has confirmed their payment method on the Site, a summary of the Customer's order will be displayed, including in particular the transaction number. The sale will only be considered final once EDELWEISS has displayed the order summary, which serves as acknowledgement of receipt of the order. An email summarizing the order will then be sent to the Customer when the order is recorded (hereinafter the “Contract”).

3.5. In any event, EDELWEISS reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal by the banking institutions to authorize payment by bank card. EDELWEISS shall not be held liable in such cases.

3.6 Order tracking. The Customer may check the status of their order at any time in the “My orders” section. This tracking enables the Customer to know the processing status of their order, as well as the shipping or delivery status of their parcels. The Customer may contact EDELWEISS customer service at any time for information on the tracking of their order: info@edelweiss-ropes.com

ARTICLE 4. PRODUCT AVAILABILITY
Offers of Products on the Site are only valid while stocks last. Availability may vary during the same day depending on the level of sales recorded by EDELWEISS. EDELWEISS updates availability on the Site very frequently, but cannot be held liable if the stock differs from that indicated on the Site. If a Product is unavailable after the Customer has placed the order, EDELWEISS undertakes to inform the Customer by email within eight (8) days of the order date and to indicate the waiting time for receipt of the Product. If the Customer so wishes, they may request cancellation of the order (refund by bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting EDELWEISS by email or telephone using the contact details set out in Article 7.

ARTICLE 5. DELIVERY – RISKS
5.1. Delivery means the transfer to the Customer of physical possession or control of the Products. Delivery is only possible after confirmation of payment by EDELWEISS's bank.

5.2. EDELWEISS offers delivery of the Products in mainland France; the shipping costs and delivery times are set out in the Contract. For any delivery outside mainland France, the shipping costs and delivery times will be set out in the Contract.

5.3. Unless otherwise agreed, the Products are delivered to the Customer at the place indicated in the Contract. EDELWEISS shall not be held liable in particular in the event of a subsequent change of address by the Customer that has not been notified to it, or an error in the contact details provided by the Customer.

5.4. EDELWEISS undertakes to use its best efforts to deliver the Products ordered within the time limit specified in the Contract. If the Products ordered have not been delivered by the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer's written request if, after having ordered EDELWEISS to make delivery within a reasonable additional period, EDELWEISS has not done so within that period. The sums paid by the Customer will then be refunded by bank transfer within a maximum of fourteen (14) days, excluding any compensation or deduction.

5.5. Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

5.6. If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip (“parcel refused because opened or damaged”). The Customer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (Product missing compared to the delivery note, damaged parcel, broken Products, etc.). This check is deemed to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery note.

5.7. Special case of Products delivered outside the European Union. In this case, the Products will be invoiced in Euros, excluding tax. Import formalities, customs duties and any taxes related to the delivery of a Product outside the European Union are payable by the Customer and are their sole responsibility. They must be paid to the competent authorities of the country of delivery. The Customer is solely responsible for checking whether the Products ordered may be imported under the law of the country of delivery. EDELWEISS is not required to check or inform the Customer of the applicable customs duties and taxes, or of the laws and regulations of the country where the Products are delivered. To find out about them, EDELWEISS advises the Customer to contact the competent authorities of their country. Cross-border deliveries may be subject to opening and inspection by the customs authorities.

ARTICLE 6. PRICE – PAYMENT
6.1. The Products are sold at the prices in force displayed on the Site at the time the order is recorded by EDELWEISS. Prices are expressed in Euros, all taxes included. They do not include transport and delivery costs, which are invoiced, where applicable, in addition, on the basis of the rate applicable on the day of the order, and which are communicated to the Customer before the order is placed. EDELWEISS reserves the right to change its prices at any time, it being specified that the price indicated on the order form issued by EDELWEISS is the final price and includes transport and delivery costs.

6.2. The price is payable in full, in cash, on the day the Customer places the order, by secure payment, by bank card (accepted cards: Carte Bleue, Visa, Mastercard). The Customer must provide the name of the cardholder, the card number, the type of card, its expiry date and the security code (3-digit number on the back of the card). The Customer will be automatically redirected to the payment server of EDELWEISS's bank. The bank's server is secured by its electronic payment terminal so as to protect all data relating to means of payment as effectively as possible. The Customer acknowledges that at no time will their bank details pass through EDELWEISS's IT system, which therefore cannot be held liable in the event of fraudulent theft of the Customer's bank details. The transaction is immediately debited from the Customer's bank card after the card details have been verified. If the price cannot be debited, the Customer's order will be cancelled.

6.3. EDELWEISS shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions set out above. Payment shall only be deemed to have been made once the funds have actually been received by EDELWEISS.

6.4. An invoice is issued by EDELWEISS and given to the Customer upon delivery of the Products ordered. A detailed printable invoice will also be available on the Site in the “My account” section.

6.5. Any sum not paid by its due date shall automatically bear late-payment interest at three times the legal interest rate. This interest shall be due until the day on which the amount due, including interest, is paid.

ARTICLE 7. RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Products.

7.2. Notification of withdrawal. To exercise the right of withdrawal, the Customer must inform EDELWEISS (Address: Chemin de Montplaisir 38780 PONT-ÉVÊQUE, FRANCE; Tel.: +33 4 74 78 44 74; email: commercial@edelweiss-ropes.com) of their decision to withdraw by means of an unequivocal statement on a durable medium (for example, a letter sent by post or an email) or via the Withdrawal form on the website. If the Customer uses this latter option, an acknowledgement of receipt of the withdrawal will be sent to them without delay on a durable medium (for example, by email).

7.3. Effects of withdrawal. In the event of withdrawal, EDELWEISS will reimburse the Customer all payments received from the Customer, including the initial delivery costs, without undue delay and in any event no later than fourteen (14) days from the day on which EDELWEISS is informed of the Customer's decision to withdraw. EDELWEISS will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise. The Customer will not incur any fees as a result of such reimbursement. EDELWEISS may withhold reimbursement until it has received the Products back or until the Customer has supplied proof of having sent back the Products, whichever is the earliest.

7.4. Return procedure. The Customer must send back or hand over the Products in perfect condition to the following address: Chemin de Montplaisir, 38780 Pont-Évêque, FRANCE, without undue delay and in any event no later than fourteen (14) days from the day on which they communicated their decision to withdraw to EDELWEISS. This deadline is met if the Customer sends back the Products before the period of fourteen (14) days has expired. In the event of any diminished value of the returned Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products, EDELWEISS reserves the right to hold the Customer liable and to claim payment of compensation proportionate to the purchase price of said Products. The costs of returning the Products shall be borne exclusively by the Customer.

7.5 Exceptions to the right of withdrawal. Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to certain Products, namely: products which have been unsealed by the Customer and which are not suitable for return due to health protection or hygiene reasons (for example, and without this list being exhaustive: ropes, harnesses, etc.); products made to the Customer's specifications or clearly personalized.

ARTICLE 8. RETENTION OF TITLE
IN ANY EVENT, OWNERSHIP OF THE PRODUCTS ORDERED SHALL ONLY PASS TO THE CUSTOMER AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER. The Customer shall ensure that the Products can always be identified after delivery.

ARTICLE 9. CUSTOMER'S OBLIGATIONS
EDELWEISS points out that non-emancipated minors do not have the legal capacity to enter into contracts. The Customer must use and maintain the Products in accordance with the instructions supplied with them. As the Products concerned may be personal protective equipment, the Customer undertakes to read and comply with all instructions relating to this type of product. In general, the Customer warrants that they are the holder of the bank card used for payment. Consequently, the Customer placing the order for Products shall indemnify EDELWEISS against all harmful consequences of the unauthorized and/or fraudulent use of a third party's bank card.

ARTICLE 10. WARRANTY – LIABILITY
10.1. In accordance with the legal provisions, the Products supplied by EDELWEISS benefit from the legal guarantee of conformity under the conditions of Articles L.217-4 et seq. of the French Consumer Code, and from the guarantee against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

10.2. Legal guarantee of conformity
10.2.1. Article L217-4 of the French Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

10.2.2. Article L217-5 of the French Consumer Code: the goods comply with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable: if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; if they have the qualities that a buyer may legitimately expect with regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or if they have the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, which was made known to the seller and which the seller accepted.

10.3. Guarantee against hidden defects
10.3.1. Article 1641 of the French Civil Code: the seller is bound by the guarantee against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of them.

10.3.2. Article 1648, paragraph 1, of the French Civil Code: an action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from apparent defects or lack of conformity.

10.4. Implementation
10.4.1. Any claim under the legal guarantee of conformity or the guarantee against hidden defects must be made to EDELWEISS (Address: Chemin de Montplaisir 38780 Pont-Évêque, FRANCE; Tel.: +33 4 74 78 44 74; email: info@edelweiss-ropes.com) as guarantor of the conformity of the Products with the contract.

10.4.2. Legal guarantee of conformity
The Customer has a period of two (2) years from delivery of the Product in which to take action. The Customer may choose between repair and replacement of the Product, provided that this choice does not entail a manifestly disproportionate cost in view of the value of the Product or the seriousness of the defect. EDELWEISS is then required to proceed, unless impossible, in accordance with the method chosen by the Customer. The Customer is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product. The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

10.4.3. Guarantee against hidden defects
If the Customer decides to invoke the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

10.5. Commercial warranty
Unless otherwise stipulated in the Contract, the Products supplied by EDELWEISS also benefit from a commercial warranty under the conditions and within the limits described in the documentation supplied with the Products. In any event, the warranty does not apply to defects or faults resulting from: fortuitous events or force majeure, normal wear and tear of the Products, negligence, in particular in the storage of the Products, use of the Products that does not comply with the conditions of use set out in the technical documentation, or with any instructions from EDELWEISS or with any applicable practices, laws and regulations, repairs, alterations, interventions or modifications made to the Products without the prior written consent of EDELWEISS, failure to follow the procedure for using the Products or failure to maintain the Products. Unless otherwise stipulated in the contract, the warranty only applies to defects that appear within a period of three (3) years from the day of delivery as defined in Article 5. In order to benefit from the warranty, the Customer must notify EDELWEISS in writing and without delay of the defects attributed to the Products and provide all evidence of their existence. The Customer must give EDELWEISS every facility to establish these defects and to remedy them. Defective Products are replaced by EDELWEISS after the Customer has returned them at EDELWEISS's expense. If it turns out that the defect results from one of the cases referred to in this article, the Product transport costs will be re-invoiced in full to the Customer.

10.6. All warranties are excluded in the event of use or storage of the Products that does not comply with the provisions of the documentation supplied with the Products.

10.7. EDELWEISS shall not be deemed liable or in default if it proves that the delay or non-performance is the result of a force majeure event or is attributable to the Customer.

ARTICLE 11. PERSONAL DATA
In the course of managing the Customer's order, EDELWEISS will process the Customer's personal data under the conditions defined in its privacy policy. The Customer is therefore invited to visit the following page https://www.edelweiss-ropes.com/policies/legal-notice for information on the processing carried out.

ARTICLE 12. Intellectual property
The content of the Site is the property of EDELWEISS, as are the intellectual property rights in the Products ordered, and in particular the trademarks affixed to them, which are protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

ARTICLE 13. GENERAL PROVISIONS
13.1. If one or more provisions of these GTCS are held to be invalid or declared as such pursuant to a law or regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.

13.2. These GTCS and the order summary sent to the Customer form a single contractual whole and constitute the entire contractual relationship between the Parties.

13.3. Unless proven otherwise, the data recorded by EDELWEISS constitute proof of all transactions.

13.4. Any contract concluded with the Customer for an order of more than 120 euros including tax will be archived by EDELWEISS for a period of ten (10) years in accordance with Article L213-1 of the French Consumer Code. EDELWEISS will archive this information in order to keep track of transactions and to provide a copy of the contract at the Customer's request.

13.5. In the event of a dispute, EDELWEISS may prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

ARTICLE 14. APPLICABLE LAW – DISPUTE RESOLUTION
14.1. All clauses in these GTCS and all sales transactions referred to herein are governed by French law.

14.2. In the event of a dispute, the parties will seek an amicable solution. The Customer is informed that, in the event of a dispute, they may use a conventional mediation procedure or any other alternative dispute resolution method. After a prior written complaint by the Customer to EDELWEISS, the mediator may be referred to for any consumer dispute that has not been settled. The Customer may also submit any complaints on the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will forward the Customer's complaint to the competent notified national mediators.

14.3. Failing agreement within two (2) months of notification of the dispute to the other party, all disputes to which these GTCS may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, shall be submitted to the competent courts under ordinary law.

If you are a business customer:

ARTICLE 1. ACCEPTANCE – ENFORCEABILITY

These General Terms and Conditions of Sale (GTCS) apply automatically to all sales of products (hereinafter the “Products”) concluded by EDELWEISS SAS, whose registered office is located at Chemin de Montplaisir 38780 Pont-Évêque France, registered with the Vienne Trade and Companies Register under number 423 791 060 (hereinafter “EDELWEISS”), on the website www.edelweiss-ropes.com (hereinafter “the Site”), with any non-professional buyer (hereinafter “the Customer”) who accepts them, acknowledges having full knowledge of them and therefore waives the right to rely on any conflicting document. No document other than these GTCS may create obligations for the parties or derogate from these GTCS unless agreed in writing and signed by the parties. The GTCS are accessible at any time on the Site and shall, where applicable, prevail over any previous version or any other conflicting document. The Customer may request that EDELWEISS send them the GTCS by email. The Customer may also save, print or copy them, it being specified that saving, printing or copying this document is their sole responsibility, as these GTCS may be subject to change. Any amendments to these GTCS are enforceable against Customers as from their publication online and apply to transactions concluded after their publication.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having received, prior to placing the order and entering into the contract, in a legible and comprehensible manner, these GTCS and all of the following information: the essential characteristics of the Products; the price of the Product and the shipping costs; the delivery time; information relating to the identity of EDELWEISS, its postal, telephone and electronic contact details and its activities; information relating to the right of withdrawal and the legal guarantees; the possibility of using a consumer mediator.

ARTICLE 3. ORDERS

3.1. Browsing the Site. The Customer may view the various Products offered for sale by EDELWEISS on its Site and browse freely through the various pages of the Site without being committed to placing an order.

3.2. Placing an order. If the Customer wishes to place an order, they will select the Products they are interested in and indicate this interest by clicking on the “Buy” button. At any time on the website, the Customer may:

view the details of the Products selected by clicking on “View my cart”
continue selecting Products by clicking on “Continue shopping”,
complete their selection and order these Products by clicking on “Order”.

To order the Products selected, after clicking on “Order”, the Customer must log in, either by entering their email address and confidential password if they have already created an account, or by clicking on “Create my account” if not. In the latter case, the Customer must accurately complete the form provided, indicating the information necessary for their identification, in particular their surname, first name, postal address and telephone number. In addition, the Customer must provide their email address and a password of their choice, which will be personal and confidential and which they will need to log in to the Site in the future. The Customer is informed and accepts that entering these two identifiers constitutes proof of their identity. Once logged in, the Customer must confirm the delivery address. An order form will then appear on screen, detailing in particular: the type, quantity and price of the Products selected by the Customer, the total amount of the order, the Customer's contact details, the latest delivery date of the Products and the delivery address of the Products. The Customer may correct any errors before confirming the order. In that case, a new order form will be generated automatically.

3.3. Final confirmation of the order. After reviewing the order form, and once all the information requested has been completed, the Customer will tick the box accepting these general terms and conditions of sale and click on “Confirm order”. The order confirmation button bears the words “

Order with obligation to pay”. This second click constitutes an electronic signature. This signature is legally valid and binds the Customer in the same way as a handwritten signature. The order form will be recorded in EDELWEISS's computer records, which are themselves stored on a reliable and durable medium, and will be considered as proof of the Customer's commitment. The Customer may choose their preferred payment method from those offered by EDELWEISS and will pay for the Products under the conditions set out in Article 6.

3.4. Order summary. Once the Customer has confirmed their payment method on the Site, a summary of the Customer's order will be displayed, including in particular the transaction number. The sale will only be considered final once EDELWEISS has displayed the order summary, which serves as acknowledgement of receipt of the order. An email summarizing the order will then be sent to the Customer when the order is recorded (hereinafter the “Contract”).

3.6 Order tracking. The Customer may check the status of their order at any time in the “My orders” section. This tracking enables the Customer to know the processing status of their order, as well as the shipping or delivery status of their parcels. The Customer may contact EDELWEISS customer service at any time for information on the tracking of their order: info@edelweiss-ropes.com

ARTICLE 4. PRODUCT AVAILABILITY

Offers of Products on the Site are only valid while stocks last. Availability may vary during the same day depending on the level of sales recorded by EDELWEISS. EDELWEISS updates availability on the Site very frequently, but cannot be held liable if the stock differs from that indicated on the Site. If a Product is unavailable after the Customer has placed the order, EDELWEISS undertakes to inform the Customer by email within eight (8) days of the order date and to indicate the waiting time for receipt of the Product. If the Customer so wishes, they may request cancellation of the order (refund by bank transfer within fourteen (14) days) or the exchange of the unavailable Product for another Product by contacting EDELWEISS by email or telephone using the contact details set out in Article 7.

ARTICLE 5. DELIVERY – RISKS

5.1. Delivery means the transfer to the Customer of physical possession or control of the Products. Delivery is only possible after confirmation of payment by EDELWEISS's bank.

5.2. EDELWEISS offers delivery of the Products in mainland France; the shipping costs and delivery times are set out in the Contract. For any delivery outside mainland France, the shipping costs and delivery times will be set out in the Contract.

5.3. Unless otherwise agreed, the Products are delivered to the Customer at the place indicated in the Contract. EDELWEISS shall not be held liable in particular in the event of a subsequent change of address by the Customer that has not been notified to it, or an error in the contact details provided by the Customer.

5.4. EDELWEISS undertakes to use its best efforts to deliver the Products ordered within the time limit specified in the Contract. If the Products ordered have not been delivered by the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the Customer's written request if, after having ordered EDELWEISS to make delivery within a reasonable additional period, EDELWEISS has not done so within that period. The sums paid by the Customer will then be refunded by bank transfer within a maximum of fourteen (14) days, excluding any compensation or deduction.

5.5. Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

5.6. If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the Products. If they have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip (“parcel refused because opened or damaged”). The Customer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (Product missing compared to the delivery note, damaged parcel, broken Products, etc.). This check is deemed to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery note.

5.7. Special case of Products delivered outside the European Union. In this case, the Products will be invoiced in Euros, excluding tax. Import formalities, customs duties and any taxes related to the delivery of a Product outside the European Union are payable by the Customer and are their sole responsibility. They must be paid to the competent authorities of the country of delivery. The Customer is solely responsible for checking whether the Products ordered may be imported under the law of the country of delivery. EDELWEISS is not required to check or inform the Customer of the applicable customs duties and taxes, or of the laws and regulations of the country where the Products are delivered. To find out about them, EDELWEISS advises the Customer to contact the competent authorities of their country. Cross-border deliveries may be subject to opening and inspection by the customs authorities.

ARTICLE 6. PRICE – PAYMENT

6.1. The Products are sold at the prices in force displayed on the Site at the time the order is recorded by EDELWEISS. Prices are expressed in Euros, all taxes included. They do not include transport and delivery costs, which are invoiced, where applicable, in addition, on the basis of the rate applicable on the day of the order, and which are communicated to the Customer before the order is placed.

EDELWEISS reserves the right to change its prices at any time, it being specified that the price indicated on the order form issued by EDELWEISS is the final price and includes transport and delivery costs.

6.2. The price is payable in full, in cash, on the day the order is placed by the

Customer, by secure payment, by bank card (accepted cards: Carte Bleue, Visa, Mastercard). The Customer must provide the name of the cardholder, the card number, the type of card, its expiry date and the security code (3-digit number on the back of the card). The Customer will be automatically redirected to the payment server of EDELWEISS's bank. The bank's server is secured by its electronic payment terminal so as to protect all data relating to means of payment as effectively as possible. The Customer acknowledges that at no time will their bank details pass through EDELWEISS's IT system, which therefore cannot be held liable in the event of fraudulent theft of the Customer's bank details. The transaction is immediately debited from the Customer's bank card after the card details have been verified. If the price cannot be debited, the Customer's order will be cancelled.

6.3. EDELWEISS shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions set out above. Payment shall only be deemed to have been made once the funds have actually been received by EDELWEISS.

6.4. An invoice is issued by EDELWEISS and given to the Customer upon delivery of the Products ordered. A detailed printable invoice will also be available on the Site in the “My account” section.

6.5. Any sum not paid by its due date shall automatically bear late-payment interest at three times the legal interest rate. This interest shall be due until the day on which the amount due, including interest, is paid.

6.6 Specific pricing and possible adjustment

Where special pricing conditions have been granted to a customer, the prices displayed on the B2B site may not reflect the exact applicable prices. In this situation, the customer acknowledges that the amounts shown when ordering online are for information only. The final price is only binding at the time of invoicing by the EDELWEISS accounting department.
The customer therefore undertakes to disregard the order form automatically generated by the site and to refer exclusively to the invoice sent by EDELWEISS, which prevails over any other document.

ARTICLE 7. RIGHT OF WITHDRAWAL

7.1. The Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Products.

7.2. Notification of withdrawal. To exercise the right of withdrawal, the Customer must inform EDELWEISS (Address: Chemin de Montplaisir 38780 PONT-ÉVÊQUE, FRANCE; Tel.: +33 4 74 78 44 74; email: commercial@edelweiss-ropes.com) of their decision to withdraw by means of an unequivocal statement on a durable medium (for example, a letter sent by post or an email). The Customer may use the model withdrawal form, which can be downloaded here, but this is not mandatory. The Customer may also complete and submit the model withdrawal form or any other unequivocal statement on the Site. If the Customer uses this option, an acknowledgement of receipt of the withdrawal will be sent to them without delay on a durable medium (for example, by email).

7.3. Effects of withdrawal. In the event of withdrawal, EDELWEISS will reimburse the Customer all payments received from the Customer, including the initial delivery costs, without undue delay and in any event no later than fourteen (14) days from the day on which EDELWEISS is informed of the Customer's decision to withdraw. EDELWEISS will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise. The Customer will not incur any fees as a result of such reimbursement. EDELWEISS may withhold reimbursement until it has received the Products back or until the Customer has supplied proof of having sent back the Products, whichever is the earliest.

7.4. Return procedure. The Customer must send back or hand over the Products in perfect condition to the following address: Chemin de Montplaisir, 38780 Pont-Évêque, FRANCE, without undue delay and in any event no later than fourteen (14) days from the day on which they communicated their decision to withdraw to EDELWEISS. This deadline is met if the Customer sends back the Products before the period of fourteen (14) days has expired.

In the event of any diminished value of the returned Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products, EDELWEISS reserves the right to hold the Customer liable and to claim payment of compensation proportionate to the purchase price of said Products. The costs of returning the Products shall be borne exclusively by the Customer.

7.5 Exceptions to the right of withdrawal. Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to certain Products, namely:

• products which have been unsealed by the Customer and which are not suitable for return due to health protection or hygiene reasons (for example, and without this list being exhaustive: ropes, harnesses, etc.);

• products made to the Customer's specifications or clearly personalized.

ARTICLE 8. RETENTION OF TITLE

IN ANY EVENT, OWNERSHIP OF THE PRODUCTS ORDERED SHALL ONLY PASS TO THE CUSTOMER AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER.

The Customer shall ensure that the Products can always be identified after delivery.

ARTICLE 9. CUSTOMER'S OBLIGATIONS

EDELWEISS points out that non-emancipated minors do not have the legal capacity to enter into contracts. The Customer must use and maintain the Products in accordance with the instructions supplied with them. As the Products concerned may be personal protective equipment, the Customer undertakes to read and comply with all instructions relating to this type of product. In general, the Customer warrants that they are the holder of the bank card used for payment. Consequently, the Customer placing the order for Products shall indemnify EDELWEISS against all harmful consequences of the unauthorized and/or fraudulent use of a third party's bank card.

ARTICLE 10. WARRANTY – LIABILITY

10.1. In accordance with the legal provisions, the Products supplied by EDELWEISS benefit from the legal guarantee of conformity under the conditions of Articles L.217-4 et seq. of the French Consumer Code, and from the guarantee against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

10.2. Legal guarantee of conformity

10.2.1. Article L217-4 of the French Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

10.2.2. Article L217-5 of the French Consumer Code: the goods comply with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

• if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

• if they have the qualities that a buyer may legitimately expect with regard to the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;

2° Or if they have the characteristics agreed by the parties or are fit for any special purpose sought by the buyer, which was made known to the seller and which the seller accepted.

10.3. Guarantee against hidden defects

10.3.1. Article 1641 of the French Civil Code: the seller is bound by the guarantee against hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of them.

10.3.2. Article 1648, paragraph 1, of the French Civil Code: an action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from apparent defects or lack of conformity.

10.4. Implementation

10.4.1. Any claim under the legal guarantee of conformity or the guarantee against hidden defects must be made to EDELWEISS (Address: Chemin de Montplaisir 38780 Pont-Évêque, FRANCE; Tel.: +33 4 74 78 44 74; email: info@edelweiss-ropes.com) as guarantor of the conformity of the Products with the contract.

10.4.2. Legal guarantee of conformity

The Customer has a period of two (2) years from delivery of the Product in which to take action. The Customer may choose between repair and replacement of the Product, provided that this choice does not entail a manifestly disproportionate cost in view of the value of the Product or the seriousness of the defect. EDELWEISS is then required to proceed, unless impossible, in accordance with the method chosen by the Customer.

The Customer is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

10.4.3. Guarantee against hidden defects

If the Customer decides to invoke the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

10.5. Commercial warranty

Unless otherwise stipulated in the Contract, the Products supplied by EDELWEISS also benefit from a commercial warranty under the conditions and within the limits described in the documentation supplied with the Products. In any event, the warranty does not apply to defects or faults resulting from:

• fortuitous events or force majeure,

• normal wear and tear of the Products,

• negligence, in particular in the storage of the Products,

• use of the Products that does not comply with the conditions of use set out in the technical documentation, or with any instructions from EDELWEISS or with any applicable practices, laws and regulations,

• repairs, alterations, interventions or modifications made to the Products without the prior written consent of EDELWEISS,

• failure to follow the procedure for using the Products or failure to maintain the Products.

Unless otherwise stipulated in the contract, the warranty only applies to defects that appear within a period of three (3) years from the day of delivery as defined in Article 5.

In order to benefit from the warranty, the Customer must notify EDELWEISS in writing and without delay of the defects attributed to the Products and provide all evidence of their existence. The Customer must give EDELWEISS every facility to establish these defects and to remedy them.

Defective Products are replaced by EDELWEISS after the Customer has returned them at EDELWEISS's expense. If it turns out that the defect results from one of the cases referred to in this article, the Product transport costs will be re-invoiced in full to the Customer.

10.6. All warranties are excluded in the event of use or storage of the Products that does not comply with the provisions of the documentation supplied with the Products.

10.7. EDELWEISS shall not be deemed liable or in default if it proves that the delay or non-performance is the result of a force majeure event or is attributable to the Customer.

ARTICLE 11. PERSONAL DATA

In the course of managing the Customer's order, EDELWEISS will process the Customer's personal data under the conditions defined in its privacy policy. The Customer is therefore invited to visit the following page https://www.edelweiss-ropes.com/fr/content/2-mentions-legales for information on the processing carried out.

ARTICLE 12. Intellectual property

The content of the Site is the property of EDELWEISS, as are the intellectual property rights in the Products ordered, and in particular the trademarks affixed to them, which are protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

ARTICLE 13. GENERAL PROVISIONS

13.1. If one or more provisions of these GTCS are held to be invalid or declared as such pursuant to a law or regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.

13.2. These GTCS and the order summary sent to the Customer form a single contractual whole and constitute the entire contractual relationship between the Parties.

13.3. Unless proven otherwise, the data recorded by EDELWEISS constitute proof of all transactions.

13.4. Any contract concluded with the Customer for an order of more than 120 euros including tax will be archived by EDELWEISS for a period of ten (10) years in accordance with Article L213-1 of the French Consumer Code. EDELWEISS will archive this information in order to keep track of transactions and to provide a copy of the contract at the Customer's request.

13.5. In the event of a dispute, EDELWEISS may prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

ARTICLE 14. APPLICABLE LAW – DISPUTE RESOLUTION

14.1. All clauses in these GTCS and all sales transactions referred to herein are governed by French law.

14.2. In the event of a dispute, the parties will seek an amicable solution. The Customer is informed that, in the event of a dispute, they may use a conventional mediation procedure or any other alternative dispute resolution method. After a prior written complaint by the Customer to EDELWEISS, the mediator may be referred to for any consumer dispute that has not been settled. The Customer may also submit any complaints on the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will forward the Customer's complaint to the competent notified national mediators.

14.3. Failing agreement within two (2) months of notification of the dispute to the other party, all disputes to which these GTCS may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, shall be submitted to the competent courts under ordinary law.

Customer service

Tell your customers how they can reach you.

Refer a friend

Tell your customers about your promotional offers.