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Sale Terms & Conditions

TELEMARK-PYRENEES.COM is a service of TELEMARK PYRENEES SARL.
Head office :
TELEMARK PYRENEES SARL
33 ave de la Gare
09110 Ax-les-Thermes
France

General conditions of sale of products on www.telemark-pyrenees.com
Last update: 11/07/2018
The present conditions exclusively govern sales, by TELEMARK PYRENEES SARL, of ski, climbing, camping, equipment, shoes and clothing for outdoor sports by internet.
These conditions apply to the exclusion of all other conditions, including those in force for store sales.

Article 1 - Price
1.1 - The prices of our products are indicated in euros. For Australian, British, Japanese, Norwegian and US customers, prices are also displayed in your local currency. For delivery within the European Union prices include Value Added Tax (VAT) while for delivery outside the European  Union prices do not include VAT.
1.2 - In case of delivery to a country other than metropolitan France you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and taxes are not the responsibility of TELEMARK PYRENEES. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your local authorities.
1.3 - TELEMARK PYRENEES reserves the right to modify its prices at any time but the products will be invoiced on the basis of the tariffs in force at the time of your validation of order.
1.4 - The products remain the property of TELEMARK PYRENEES until full payment of the price. We remind you that when you take physical possession of the products ordered, the risk of loss or damage to products will be transferred.

Article 2 - Order
You can order: via our site:  www.telemark-pyrenees.com.
Terms and conditions are stated in English.

Article 3 - Order Validation
By ordering you declare that you have read and accepted these General Conditions of Sale before placing your order. The validation of your order is therefore acceptance of these Terms and Conditions of Sale.

Article 4 - Availability
Our product offers are valid as long as they are visible on the site, within the limits of available stocks excluding promotional operations mentioned as such on the sites.
In the event that a product is not available, we will notify you by email. Your order will be automatically canceled and no bank debit will be made.

Article 5 - Delivery
5.1 - General
The products are delivered to the delivery address you have specified during the ordering process. In case of delivery by a carrier requiring an appointment with the customer, the latter will contact you as soon as possible to agree with you a delivery appointment, 30 days at the latest from the date of your order confirmation. TELEMARK PYRENEES can not be responsible for late delivery due exclusively to the unavailability of the customer after several proposals for appointments by the carrier.
Some delivery companies such as Chronopost and DHL now offer the possibility of delivery to an alternative address or to a local collection point.
These companies will contact you to determine whether you prefer this option.
When you order several products at the same time and they have different delivery times, the delivery time of the order is based on the longest delay.
TELEMARK PYRENEES however reserves the possibility of splitting shipments but will not request additional shipping costs.
In case of delay of shipment, an email will be sent to inform you of a possible impact on the delivery time which has been indicated to you.
We invite you to regularly check your order tracking and to contact customer service for any questions or problems.
We remind you that when you (or a third party designated by you) physically take possession of the products ordered, the risk of loss or damage to the products will be transferred.
5.2 - Reservations
You must notify the carrier and TELEMARK PYRENEES all reservations about the delivered product (for example: damaged package, already open ...).

Article 6 - Payment
The fact of validating your order implies your  obligation to pay the indicated price.
The payment of your purchases can be made according to the means of payment accepted by TELEMARK PYRENEES.
You can pay your order by credit card, debit card (VISA / Mastercard), bank transfer or Paypal.

Article 7 - Security
Our site is protected by a validated SSL encryption method to protect all customer data and payment details as efficiently as possible.

Article 8 - Cancellation
8.1 - Legal delay of the right Cancellation
In accordance with the law, you have a period of 14 days from the receipt of your products to exercise your right of cancellation without having to justify reasons or to pay a penalty. After communication of your decision to exercise your right of withdrawal within this period of 14 days, you have another period of 14 days to return the product or products concerned by the cancellation.
8.2 - Contractual cancellation period
On telemark-pyrenees.com we offer you the opportunity to exercise your right of withdrawal within 15 days of receipt of the products.
Then you have another period of 15 days from the communication of your withdrawal decision to return the product or products concerned.
In case of an order containing several products, the deadline of 15 days to communicate your decision of retraction runs from the reception of the last product.
The procedures for exercising your right of withdrawal are specified in 8.3.
8.3 Conditions of exercise of the right of cancellation 
In case of exercising the right of cancellation  within the time limit referred to in 8.2, only the price paid for the product (s) purchased will be refunded, not the outward or return shipping fees.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their re-marketing in new condition, and, if possible, accompanied by a copy of the purchase invoice to facilitate processing. 
In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the product, your responsibility can be engaged.
To exercise your right of cancellation , in accordance with the legal provisions, you will find below the standard form of cancellation to us at the following address: TELEMARK PYRENEES SARL, 33 ave de la Gare, 09110 Ax-les-Thermes, France.
You may exercise your right of cancellation by contacting TELEMARK PYRENEES by post or email expressing your desire to cancel without ambiguity, and mentioning the order concerned by this cancellation.
Once you have contacted TELEMARK PYRENEES to cancel your order, you must return the concerned product (s) to TELEMARK PYRENEES, in a reasonable time and, at the latest, in the 15 days from cancelling the order.
8.4 - Products excluded from the right of cancellation.
In accordance with the regulations in force, the right of cancellation can not be exercised for goods made according to customer specifications (in particular skis with bindings mounted) or personalized and goods unsealed by the customer and can not be returned for reasons of hygiene or health protection. .
8.5 - Return address
TELEMARK PYRENEES SARL
33 ave de la Gare
09110 Ax-les-Thermes
France
8.6 - Refund
In case of cancellation, TELEMARK PYRENEES will refund the sums paid at the latest within 14 days from the date on which TELEMARK PYRENEES is informed of your decision to retract and according to the same payment method as the one used for the order (except your exprcancellationess agreement for a refund by another means of payment). This refund date will be deferred until we have received the returned goods. TELEMARK PYRENEES is not liable for the return shipping costs
In the event of payment in whole or in part by gift vouchers, that they can not be refunded either in cash, by check or by credit card. The refund of purchases made by gift vouchers will be made exclusively in the form of gift vouchers for an amount identical to that paid in this form.
We cannot reimburse order order if returned by "cash on delivery" for any reason.

Article 9 - Guarantees
9.1 - Conformity of products
In accordance with the provisions of the legal guarantees of conformity and latent defects we refund or we exchange the products apparently defective or not corresponding to your order. The products must be returned to us or brought back in the store in the state in which you received them with all the elements (accessories, instructions ...) using packaging that allows transport in good condition. Return shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts.
According to the legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the goods to act vis-à-vis the seller;
- can choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
-is exempted from reporting the proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover your property. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction the selling price in accordance with Article 1644 of the Civil Code.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 8.
9.2 Commercial guarantee and after-sales service.
9.2.1 General

We inform you that, in addition to the legal warranties you have on your product described in Article 9.1 hereof, you may benefit from the TELEMARK PYRENEES commercial guarantee. To be able to benefit from the TELEMARK PYRENEES commercial guarantee on your product, it is imperative to keep the invoice of purchase of the product.
In addition, products purchased from TELEMARK PYRENEES benefit from a TELEMARK PYRENEES after-sales service.
9.2.2 Conditions of the TELEMARK PYRENEES commercial guarantee:
Attention: The invoice for the purchase of the product is a guarantee and a certificate of clearance. No duplicate will be issued. Our products are intended for individuals for personal use and benefit from a total guarantee (parts and labor) excluding:
- Batteries, lamps, and, more generally, the consumables supplied with the devices;
- Damage caused by an external cause: lightning, shock, excessive pressure, presence of water and / or sand and / or dust, accident, fluctuation of current, oxidation, and more generally all foreign bodies to the device as well as a result of abnormal use or contrary to the manufacturer's instructions (as mentioned in the instructions provided);
Repairs are subject to the terms and conditions of the TELEMARK PYRENEES SAV.

Article 10 - Customer Service
For any information or question, our customer service is at your disposal.
For information before placing an order, on your current order, and for any questions after sales service: call 00 33 561 64 34 93 from Monday to Friday from 9:00 to 12:30 and 14:00 to 17:00 or contact us by email - see Contact Us

Article 11 - Intellectual Property
11.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the TELEMARK PYRENEES website are strictly reserved under copyright and intellectual property rights and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of the Code of Intellectual Property is permitted. Any reproduction or total or partial representation of the site TELEMARK PYRENEES or all or part of the elements found on the site TELEMARK PYRENEES is strictly prohibited.
11.2 - The corporate names, trademarks and distinctive signs reproduced on the TELEMARK PYRENEES website are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.

Article 12 - Liability
The proposed products comply with the French legislation in force. The responsibility of TELEMARK PYRENEES can not be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example in case of prohibition of a title or a product). It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you intend to order.
Photos are for illustrative purposes. Please refer to the description of each product to know the precise characteristics; and in case of doubt or if you want additional information do not hesitate to contact us on 00 33 561 64 34 93. TELEMARK PYRENEES is only responsible for the content of the pages it publishes.
In case of professional purchases, TELEMARK PYRENEES will incur no liability for any indirect damages due to the present, loss of exploitation, loss of profit, loss of chance, damages or expenses, which could arise due to the fact purchase of products. The total or partial impossibility to use the products, in particular because of incompatibility of material, can not give rise to any compensation or reimbursement or questioning of the responsibility of TELEMARK PYRENEES.
Our products have performances compatible with professional uses even if TELEMARK PYRENEES is not intended to sell to professionals. TELEMARK PYRENEES can not therefore be held liable for any damage whatsoever resulting from a professional activity. Similarly TELEMARK PYRENEES can in no way be liable for damage resulting from misuse of the device by the customer.

Article 13 - Applicable Law - Disputes - Claims Processing - Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In case of dispute the French courts will be competent.
Complaint handling: For any complaint you can contact the customer service as detailed in Article 10 of these conditions.
You can use the mediation service for consumer disputes related to an order placed with TELEMARK PYRENEES on the internet. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted in writing to the TELEMARK PYRENEES Consumer Affairs Department (33 avenue de la gare, 09110 Ax-les-Thermes).
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of disputes by out-of-court action online between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

Article 14 - Personal Data
Personal information and personal data about you are necessary for the management of your order and our commercial relations. They can be passed on to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow us to improve and personalize the services we offer and the information we send you.
In accordance with the Data Protection Act of January 6, 1978, you have a right of access and rectification and opposition to personal data about you. Just write to the Consumer Service TELEMARK PYRENEES, 33 with the station, 09110 Ax-les-Thermes, indicating your last name, first name, e-mail address and if possible your order number. In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and specify the address to which the reply must be sent. An answer will be sent to you within 2 months of receiving the request.
Depending on your choices made during the creation or consultation of your account, you may receive offers from our company TELEMARK PYRENEES as indicated during the creation of your account. If you no longer wish, you can unsubscribe at any time by clicking on the "unsubscribe" link of the newsletter.
Our site is designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The cookie is intended to signal your passage on our site. The cookies are therefore used by TELEMARK PYRENEES only in order to improve the personalized service that is intended for you.
We NEVER supply any data whatsoever to third parties or other companies not involved in the treatment of your order.

Annex 1
Article L. 217-4 Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. The guarantee also covers any lack of conformity resulting from the packaging or any assembly instructions.
Article L. 217-5 Consumer Code
The goods are in accordance with the contract:
1. If it is fit for the customary use of a similar good and, where applicable:
1a.- if it corresponds to the description given by the seller and possesses the qualities that has been presented to the buyer in the form of a sample or a model;
1b. - it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Code of Consumption:
When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of the item, a restoration covered by the guarantee, any period of immobilization over seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the item sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

Annex 2 - Retraction Form
Please complete and return this form only if you wish to cancel your order placed on telemark-pyrenees.com - except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of Customer Service, TELEMARK PYRENEES, 33 with the station 09110 Ax-les-Thermes.
I hereby notify you of my withdrawal from the contract for the sale of the property / for the service presentation (*) below:
Ordered on .......................................... .. / Received on ........................................................................ .. (*)
Order number: .............................................................................. ..
Name of the consumer (s): ........................................................................ ..
Address of the consumer (s): ........................................................................ ..
Signature of the consumer (s) (only in case of notification of this paper form):

Date: ........................................................................ ..