Ski-chic.com is a trademark belonging to JG montagnes SAS, which is a company whose purpose is to rent ski clothes out and sell clothing and accessories.
Within the context of its activities, JG montagnes SAS runs this website, www.ski-chic.com
For this reason, they must be re-read by the Customer every time a service is requested or a purchase is made.
Except where expressly provided otherwise, these conditions of use and sale prevail over all other documents.
Customers may only use the services offered by Ski-Chic.com if they fulfil all of the following requirements: they must be of legal age and capacity, must not be acting in a professional capacity, must have a credit card of which they are the holder, and must have a valid personal email address.
“Customer” refers to any person who places an order on Ski-Chic.com.
“Member” refers to any Customer with a valid account to hire the clothing and/or accessories offered for hire by Ski-Chic.com.
“Services” refers to all the services and products offered on the website www.ski-chic.com.
“Website” refers to the website accessible at the address www.ski-chic.com and covers all the pages hosted there and offered by ski-chic.com to internet users.
“User” refers to any person who accesses and browses the website, including Customers and Members.
The TUS are entered into by and between the Customer and Ski-Chic.com. Any Customer who wishes to access the Services accepts the TUS fully and unreservedly. The Customer’s acceptance of these TUS is substantiated by a confirmation click during the customer account creation process.
The TUS are applicable unrestrictedly and unreservedly to all Services offered on Ski-Chic.com.
4. Creating a customer account
Taking out any services or making a purchase on the Website requires the prior creation of a customer account.
Any Customer who fulfils the conditions detailed in article 1 may freely create a customer account free of charge through the “create an account” section on the website.
Customers may create an account through the form displayed by entering their details (name, address, telephone number, email address and all other required information).
The details provided by the Customer are provided under his or her full responsibility, control and supervision.
The Customer commits to providing complete, accurate and up-to-date information and not using a third party's identity.
During the account creation process, the Customer must choose a username and password. If the chosen username has already been taken, the system will invite the Customer to choose another. Usernames and passwords are personal and confidential.
Should a Customer suspect that a third party is using his or her username and password, he or she must immediately inform Ski-Chic.com via email ([email protected]) so that the password can be changed or the customer account can be closed.
Ski-Chic.com reserves the right to close any customer account and to refuse a Customer the purchase of services or products in the following cases: the violation of any of the Customer obligations defined in these terms, lack of payment of a previous purchase, and abusive, disloyal or fraudulent use of the services offered on the Website.
In this event, Ski-Chic.com will send an email to the Customer concerned to the email address associated with his or her customer account, declaring the deactivation of his or her username and password and the closure of his or her customer account.
In general, Customers are informed that they can close their account by sending a simple request to [email protected]
6. Services offered by Ski-Chic.com
6.1 - Hire
Ski-Chic.com offers Customers a ski clothing and accessories hire service. After requesting and paying for the Service, the Customer may hire the clothes and accessories previously booked or displayed as available on the Website.
The rules governing hiring clothes and/or accessories are detailed in article 7 of the TUS.
6.2 - Private sales
Every season, Ski-Chic.com will sell second-hand products to its Members with a valid customer account.
The rules governing the sale of products in a private sale are detailed in article 9 of the TUS.
7.1 - Prices
The prices in effect for each product or service may be consulted on the Website.
Ski-Chic.com reserves the right to modify its prices at any time. The purchase will be charged based on the price in effect at the time of confirmation by the Customer.
7.2 - Orders
The Customer can make a purchase or hire items on the website.
To do so, the Customer must register on the Website (under the terms detailed in article 4 of the TUS) or log in to his or her customer account.
The Customer declares to have fulfilled the conditions detailed in article 1 of the TUS. All orders require the Customer to provide all of the details required by the Website on the day the order is made (including but not limited to the product reference, date and type of delivery, type of insurance, etc.)
When the Customer confirms the transaction, he or she accepts this (including its price) and all of the TUS fully and unreservedly.
This consent is substantiated as ticking and confirming the pop-up window provided for this purpose.
7.3 - Payment
Payment for the ski clothing hire is carried out via the Website, via bank card (Visa, Mastercard, American Express, Paypal or any other type of card offered on the website at the time of ordering) immediately and in one instalment, through the double-click confirmation procedure. The imprint of the card will be used as a deposit in the case of the non-return or damage of the items, up to the value of the hired product indicated in the product details.
Transactions made on the Website are managed by a secure online payment platform, so that no one can use a Customer’s bank details without his or her knowledge.
The Customer declares that the payment method used legally gives access to sufficient funds to pay fully for the order on the Website. The Customer also declares that he or she has the necessary authorisation to use this payment method.
In accordance with the provisions of article 1369-2 of the French Civil Code, the Customer formally accepts the use of email by Ski-Chic.com to confirm the content of the order.
A transaction summary including the date, content of the order and the price will be sent to the Customer via email once payment is made.
Once the transaction is accepted by the Customer’s bank, Ski-Chic.com will register the Customer's order and send out a detailed confirmation receipt via email.
Under no circumstances shall Ski-Chic.com be held responsible for a typing error or transmittal error that prevents the Customer from receiving the receipt.
If the Customer does not receive the receipt by email, he or she must contact Ski-Chic.com ([email protected]).
Ski-Chic.com reserves the right to stop processing an order when the bank refuses the payment authorisation.
In particular, Ski-Chic.com reserves the right to refuse to honour an order from a Customer who does not fulfil the conditions detailed in article 1 of the TUS or who has not paid part of or the full amount of a previous order or with whom a payment dispute is ongoing.
8. Provisions applicable to hire service
8.1 - Service
Only Customers can hire the clothing and/or accessories on offer for hire on Ski-Chic.com.
8.2 - Clothing and accessories available for hire
The clothes and accessories available for hire are those that appear as such on the Website. They are offered subject to the availability limit displayed on the Website. Should there be an availability problem that is not indicated, the Customer will be informed of this via email after placing the order, which will then be cancelled automatically.
The Customer may make another booking at no extra cost.
Ski-Chic.com owns all of the clothes and accessories for hire on the Website.
Ski-Chic.com is responsible for the cleaning, maintenance and repair of the clothes and accessories each time they are hired, so that they are ready for use as soon as they arrive.
Ski-Chic.com reserves the right to remove any clothes or accessories on the Website from the range to hire at any time and/or to replace or modify any information regarding the clothes and/or accessories on the Website.
The clothes and accessories available for hire are those that appear on the Website on the day of consultation.
The clothes and/or accessories for hire remain the property of Ski-Chic.com, even during the hire period, which the Customer recognises and accepts.
8.3 - Hire conditions
The Member may hire several Ski-Chic.com packs at the same time. Orders are delivered by a delivery driver on the day before your first day of skiing between 10am and 10pm and are picked up the last day of skiing between 5pm and 10pm. The delivery service is included in the hire price displayed on the Website.
If, however, the Customer does not give back the package on the last of day of skiing during the indicated times, an extra week’s hire of the selected range and late fees (mentioned in article 8.6 of these terms) will be charged.
8.4 - Ordering
Having logged in, selected clothes and/or accessories to hire for a week, booked the delivery and confirmed these selections, the Customer confirms the order and declares to have accepted all of the TUS, fully and unreservedly.
This consent is substantiated by the Customer ticking and confirming the message provided for this purpose, which will be displayed on the Website.
The order is confirmed and the contract finalised when Ski-Chic.com sends the order confirmation email.
8.5 - Delivery of hired clothes and/or accessories
The order confirmation sent by Ski-Chic.com mentions the delivery location and method chosen by the Customer.
Customers are informed that they must provide all the necessary details accurately for the order to be processed and delivered correctly (access code, access details, apartment number, name of residence, etc.).
To have the package handed over in person by the delivery driver, the Customer, or a person acting on his or her behalf, must be present.
If the delivery address provided by the Customer is not valid and therefore incurs a return due to the non-reception at the indicated address, the re-dispatch fees to the new address will be payable by the Customer.
Each delivery is deemed to have been completed once the Customer is given the package, including by the carrier; this is substantiated by the double check system used by the carrier.
It is the Customer’s responsibility to check that the product delivered corresponds to the product hired.
If the delivered item is different to the one ordered, the Customer may notify Ski-Chic.com of the error and will receive another delivery the day after at no extra cost.
If, at the time of delivery, the original packaging is not closed by a security seal, the Customer must check the condition of the product.
If the package is damaged, the Customer must refuse the package and specify this on the delivery note.
The customer must pass this message on to Ski-Chic.com via email no later than 24 hours after the delivery of the damaged package.
Once the Customer (or a representative authorised by the Customer) has signed the delivery note, the product’s condition is considered to have been verified as satisfactory.
8.6 - Return of hired clothes and/or accessories
The Customer commits to returning the hired clothes or accessories at the end of the hire period, as mentioned on the order confirmation.
The Customer will be reminded of the date of collection for the items by email.
Any delay in returning the items will incur a fifteen (15) euro fine per day delayed and per pack, as well as the weekly price of the pack, payable by the Customer to Ski-Chic.com.
By hiring clothes or accessories, the Customer expressly authorises Ski-Chic.com to charge any late fees due to his or her bank card.
On the seventh day after the end of the hire period, the Customer will be automatically sent a final notice to return the item(s) hired by Ski-Chic.com.
If the item(s) have not been returned or proof of their return has not been provided within 3 days of the final notice, the Customer expressly authorises Ski-Chic.com to charge the retail price including tax (as displayed on the Website on the day of ordering) of the product(s) not returned to his or her bank card.
8.7 - Use of clothes and/or accessories during the hire period.
The Customer commits to treating the item(s) hired with the greatest of care and to taking all the necessary precautions in order not to damage them.
The Customer takes physical and legal custody of the item(s) during the hire period.
The Customer is forbidden from:
- exposing the hired item(s) for a long period of time to any source that may damage them, such as dust, extreme variations in temperature, the sun’s rays or humidity.
- leaving the hired items within reach of young children, making any alterations to the items, cleaning the items or having the items cleaned.
The Customer expressly authorises Ski-Chic.com to charge the retail price including tax (as displayed on the Website on the day of ordering) of any cleaned product(s) to his or her bank card.
The Customer may only use the item(s) for his or her strictly personal use. It is therefore forbidden to lend them, to sub-hire them, to give them to a third party (even for free) and to use them for any commercial purposes.
8.8 - Loss, theft or damage of clothes and/or accessories during the hire period
In the event of the loss, theft or damage of the hired items, the Customer commits to informing Ski-Chic.com by email ([email protected]).
Once the loss or theft is declared, the Customer must provide a theft declaration as soon as possible. The Customer will be charged 100% of the retail price including tax (as displayed on the Website on the day of ordering) of the item lost or stolen.
In the event of damage to the hired item(s), the Customer is forbidden from trying to repair them or having them repaired.
Once the item(s) are returned, Ski-Chic.com will carry out a quality check.
Any return of an item in a different condition to that in which it was delivered is considered damage.
The Customer commits to informing Ski-Chic.com of any accidental damage before the item is returned.
Any damage noticed upon reception will be notified to the Customer through his or her customer account and by email, if it is returned via package or carrier. In the event of light damage (missing button, loose seam or eyelet, stain from normal use of the item) the Customer will not be fined.
In the event of damage to one or several items beyond ordinary use (hole in the fabric, cigarette burn, multiple stains from drinks, food, moisture, mud or dust, rips or tears, etc.), Ski-Chic.com will charge the Customer a repair supplement, corresponding to the cost of cleaning or repairing the item, plus 20 euros (including tax) as a processing fee.
Should there be evidence of the Customer’s attempt to repair the item, Ski-Chic.com reserves the right to charge the Customer 100% of the retail price including tax (as displayed on the Website on the day of ordering) of the item concerned.
Ski-Chic.com commits to only selling and lending original, authentic clothes and accessories. Each item comes with a system that ensures its traceability.
The Customer is therefore forbidden from damaging this traceability system, from replacing the hired item with any other item and/or from replacing it with a counterfeit. Any item returned that proves not to be the hired item will be treated by Ski-Chic.com as a case of loss or theft. If the returned item proves to be a counterfeit, Ski-Chic reserves all rights of recourse against the Customer.
To be covered against any light or serious damage to the hired clothes and accessories, Ski-Chic.com offers the Customer the opportunity to take out extra insurance (for a total of €2.50 inc. tax per pack per day). Taking out this extra insurance ( contract n 4673) requires the prior acceptance of the group insurance contract, the main terms of which will be communicated to the Customer before the order is confirmed. The insurance terms and conditions are available from the following address: [email protected]
8.9 - Right of withdrawal
In accordance with the provisions of articles I. 121-21 onwards of the French Consumer Code, the Customer may exercise the right of withdrawal. To exercise this right, the Customer must send Ski-Chic.com a withdrawal form, based on the model provided in the Appendix, specifying Customer name and contact details, via email, with no need to justify the withdrawal, within fourteen (14) days from the placing of the order. The Customer expressly recognises, under article L221-28 of the French Consumer Code, that if he or she does not write any objection on the delivery note for the order from Ski-Chic.com, the service will be considered as having been provided and the Customer will no longer have recourse to the right of withdrawal. Should the Customer exercise the right of withdrawal, Ski-Chic.com will refund the full order price to the Customer, including any delivery fees paid.
8.10 - Refund methods in the event of cancellation
- if a Customer cancels the order before delivery, Ski-Chic shall keep part of the price paid as a fee, under the following terms:
- if the order is cancelled between 7 and 4 days before the first day of rental, a sum equivalent to 50% of the order price shall be payable;
- if the order is cancelled less than 4 days before the first day of rental, a sum equivalent to 100% of the order price shall be payable.
The refund will be made via credit on the bank account used to make the order within a maximum of 30 days.
8.11 Legal guarantee against hidden defects
If, despite all the care taken by Ski-Chic.com, the product(s) delivered present a hidden defect, the Customer may exercise the legal guarantee against hidden defects, by virtue of articles 1721 and onwards of the French Civil Code, should these defects impede use of the items, even if Ski-Chic was unaware of the defects at the time of ordering. In this case, Ski-Chic shall compensate the Customer for the inconvenience caused.
9. Provitions applicable to private sales
Ski-chi.com periodically offers access to a private sale of items at a preferential price exclusively to Members who have been Customers during the season immediately preceding the sale. The products on offer for the private sale are subject to availability and their sale takes place directly on the Website.
Ski-Chic reminds private sale buyers that these products are second hand and are therefore not subject to the same guarantees as an equivalent new product.
However, Ski-Chic commits to cleaning the products before they are put on sale and checking that they present no holes, rips or permanent stains.
Payment for products from a private sale on the Website will be made immediately and in one instalment, in accordance with the provisions of article 7. Depending on the selected delivery method, the Customer must, if applicable, pay any shipping fees.
In accordance with the provisions of articles I. 121-21 onwards of the French Consumer Code, the Customer may exercise the right of withdrawal for products bought in a private sale. To exercise this right, the Customer must send Ski-Chic.com a withdrawal form, based on the model provided in the Appendix, specifying Customer name and contact details, via email, with no need to justify the withdrawal, within fourteen (14) days from the placing of the order. Should the Customer exercise the right of withdrawal, Ski-Chic.com will refund the full order price to the Customer, including any delivery fees paid. When exercising the right of withdrawal, the Customer must send the package containing the privately sold product back within fourteen (14) calendar days of receipt of the product to the following address: Impasse de la Ravoire, 74370 Metz Tessy. The return will be made at the Customer's expense, in the product’s original packaging, or, if necessary, any other packaging that guarantees the integrity of the product, and in perfect resale condition (undamaged, unused, not dirtied or washed by the buyer).
Once the returned product has been checked, Ski-Chic.com commits to, with the buyer's agreement, issuing a credit note of the same amount as the returned product and the delivery fees (based on the standard delivery fee) or to crediting the buyer's bank account with this amount, as soon as possible, fourteen (14) days at the latest after the day the return package is received.
In the case of the credit note, this shall be valid for the purchase of any other service offered on the Website by Ski-Chic.com. Within the framework of the right of withdrawal, the risks and expenses relating to the return are the responsibility of the buyer.
By virtue of articles l 217-4 onwards of the French Consumer Code, Ski-Chic.com is obliged to deliver a product that complies with the description displayed on the Website. In the event of the non-compliance of the second-hand product bought in a private sale, the Customer may return it to Ski-Chic.com within six months of receipt of the product.
In this case, the Customer may request an identical replacement product, subject to availability, request a product of equivalent quality and price, subject to availability, or be refunded the price of the ordered product if a replacement is not possible.
10. Ski-Chic.com's responsability
Ski-Chic.com will accept no responsibility for:
- Any temporary break in access to the Website due to technical maintenance or updates to published information, any virus or attack, any incomplete or inaccurate information provided by a User.
- Any abnormal or illegal use of the Website: in this case, the User is the sole responsible party for any damage caused to third parties and for the consequences of claims or other action that may result therefrom. It is hereby reminded that Ski-Chic.com has the power to moderate the comments left by Users.
- Any unavailability of a product or service offered on the Website.
- Any delay or non-execution caused by force majeure, as defined by French courts' jurisprudence.
- Any indirect damage suffered by the Customer, the User or a third party from using the Website. Here, "indirect damage" is understood to be damage that does not result exclusively and directly from Ski-Chic.com's negligence
11. Intellectual property
Except for content relating to the sold or rented products, all slogans, graphics, photographs, animations, videos and text contained on the Website are the exclusive intellectual property of Ski-Chic.com and may not be reproduced, used or represented without Ski-Chic.com's prior express authorisation. Any infringement shall be subject to legal action.
Any total or partial representation of the Website and its content, in any form, without the prior express authorisation of Ski-Chic.com, is strictly forbidden.
Deep linking to a page on the Website without the prior written agreement of Ski-Chic.com is forbidden.
Ski-Chic.com expressly forbids the extraction, via permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of a database to another medium, via any means and in any form.
12. Data protection
In accordance with the French Data Protection law of 6 January 1978, the User is informed that the Website publisher, as the party responsible for processing information, may process personal data.
Ski-Chic.com is responsible for processing data collected on the Website. This data is collected to ensure the smooth running of the Website and to meet Users' needs.
This personal data processing is subject to a declaration made with the CNIL (French data authority) under the receipt number (to be completed), in accordance with the French data protection law 78-17 of 6 January 1978.
Data may be collected via navigation on the Website (e.g. IP address), or via the forms on the Website, among other means. This data is crucial to processing Users' requests. The recipients of this data are the relevant departments of Ski-Chic.com and the Website host.
Users have the right to access, rectify and delete their personal data and to oppose, for legitimate reasons, the use of their personal data.
These rights may be exercised by writing to the email address [email protected] with "personal data" as the subject line and a piece of ID attached.
Upon access to the Website and logging in to the customer area, cookies may be installed on the User's device.
14. Commercial offers/newsletters
Ski-Chic.com may send Customers commercial offers and/or newsletters via post, email, text message, telephone or the online areas belonging to Ski-Chic.com or its partners on social media, upon agreement from the Customer.
Any customer who has indicated that he or she does not wish to receive commercial offers or newsletters when registering may later subscribe to this communication via the customer area.
The Customer has the ability at all times to oppose this commercial communication at no cost, by clicking on the "unsubscribe" link in all emails.
When creating a customer account and if the Customer agrees to receive commercial offers and/or the newsletter, the Customer may, on the initiative of Ski-Chic.com, be asked to fill in a questionnaire about his or her physique and style, with the exclusive goal of enabling Ski-Chic.com to send him or her products or looks adapted to his or her style.
The Customer recognises and accepts that the order registering systems keep a record of all transactions carried out between Ski-Chic.com and the Customer.
For this purpose, the Customer recognises and accepts that computerised data conserved on Ski-Chic.com's servers in reasonable security and integrity conditions shall be considered as proof of acceptance of these TUS and proof of the transactions made between Ski-Chic.com and the Customer.
Ski-Chic.com shall archive order forms and invoices on a reliable, durable medium and guarantees access by the Customer at all times upon request. At any time, the Customer may download, print out and keep a copy of these TUS on paper or electronically.
16. Validity of TUS
Should a party not demand the application of one of the clauses in these TUS, whether permanently or temporarily, this shall not be considered a relinquishment of this clause.
If any of the clauses of these TUS is declared null and void by a valid legislative or regulatory body or by a legal decision with res judicata status, it shall be judged an abusive clause, but shall not affect the validity of the other clauses, which shall remain fully applicable.
In this case, the parties shall meet to agree on another clause to replace the one deemed null and void, in the understanding that the new clause must respect as much as possible the spirit and economic impact on the parties of the replaced clause.
These TUS are governed by French law.
In the event of a dispute, Ski-Chic.com and the Customer will use their best efforts to find an amicable solution.
If a solution is not achieved, the competent court will be determined by the application of the competence rules valid on the day that proceedings begin.
In accordance with the legal provisions in effect regarding the amicable solution of disputes, the consumer may have recourse to a conventional mediation, especially with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to another, alternative way of settling disagreements (e.g. conciliation) in the event of a dispute.
The European Commission has implemented a dispute resolution platform designed to collect any consumer complaints following an online purchase, which are then transmitted to the competent national mediators.
This platform is accessible at the following link: http://ec.europa.eu/consumers/odr/
WITHDRAWAL FORM MODEL
Appendix to article R121-1 of the French Consumer Code
(Please fill in and send this form only if you wish to withdraw from your contract).
For the attention of SKI-CHIC, service réclamations, Impasse de la Ravoire, 74330 EPAGNY METZ-TESSY
I/we (*) hereby notify you of my/our (*) withdrawal from the contract regarding the sale of the item (*)/the provision of the services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is presented on paper):
(*) Delete as applicable.