General
Terms & Conditions
Thank you for your interest in our products! At Simply, we value transparency. Below are the detailed terms and conditions that apply to your purchase. Should you have any questions you are always welcome to contact us and we will be happy to provide you with more information.
0. Preliminary Safety Warning
Skiing is a risky activity that can cause damage, injury or death.
To minimize the chance of accident:
- stay within your abilities
- use the appropriate equipment (helmet, headlamp, avalanche transeiver, snow showel, snow probe, airbag, mobile phone etc.)
- check the weather forecast before any session outside of resorts
The manufacturer, distributor, and seller of this product undertake no responsibility for damage, including but not only limited to property damage, personal injury or death which may be caused by the use of Simply’s products.
1. Legal Statement
1.1 For any business relationship between Simply RC SA (“Simply”) and the customer starting from 21.11.2022 the following General Terms and Conditions will apply exclusively, regardless of the means of communication used. By accepting these General Conditions, you confirm that you are at least 18 years old or have your legal guardian’s permission and that you will comply with the General Conditions.
1.2. The customer recognizes the exclusive validity of Simply General Terms and Conditions for the entire business relationship. Simply will not recognize any different conditions unless the management of Simply has expressly agreed in writing to their validity. If the customer enters into a business relationship with Simply by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Simply.
1.3 We may change these General Conditions at any time. We will then set forth the changed General Conditions on the Website and they will enter into force once you have accepted them (in connection with a new order through the Website or while browsing the Website).
2. Cancellation Rights
2.1 Claims from Simply on the website or in other media do not state any final offers, they state however an invitation to a possible offer for customers. An order by a customer becomes a valid offer when a purchase is completed. When an order is placed by a customer he receives a confirmation by email. This confirmation does not incur that the offer has been accepted by Simply. The purchase is only considered accepted when the delivery confirmation of the ordered products is sent by Simply.
2.2 If Simply cannot fulfill the order made by a customer or should certain products in an order not be available then the customer will be informed and Simply will return money paid by the customer within 14 days. Upon the agreement of Simply and of the customer, the amount can also be used by the customer as a credit for future purchases.
2.3 Simply reserves the right to withdraw from the sales contract in cases of print or wording mistakes on the website. In this case, Simply will return money paid by the customer within 14 days.Upon the agreement of Simply and of the customer, the amount can also be used by the customer as a credit for future purchases.
2.4 The customer has a cancellation right without reason with a withdrawal period of 30 days. The period starts from the day of receipt of the products by the customer. The customer has no no cancellation right for used products, demo products, prototype products or custom made products such as a pair of skis mounted with bindings.
2.5 Should the customer withdraw from the contract, Simply will return money paid by the customer within 14 days. Upon the agreement of Simply and of the customer, the amount can also be used by the customer as a credit for future purchases.
2.6 Any cost for sending a product back will be at the charge of the customer. Reimbursement or credit will only be accounted for once the canceled order has been successfully retrieved and checked by Simply for compliance with the terms listed under the 2.4. chapter of the present document.
2.7 All offers are valid as long as stocks last. In this case the customer will be informed in good time that the ordered product cannot be delivered. In this case, Simply will return money paid by the customer within 14 days. Upon the agreement of Simply and of the customer, the amount can also be used by the customer as a credit for future purchases.
3. Delivery
3.1 Unless expressly specified by the customer otherwise, the delivery address entered by the customer will be used.
3.2 Any delivery timing communicated by Simply, should it appear on the website, on the order confirmation, on the delivery confirmation or on any official communication by Simply is non-binding. Simply will make a best effort to deliver according to the communicated timing.
3.3 If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
3.4 The delivery starts from Simply’s warehouse. When the order is in the hands of the delivery company, at the latest when it leaves Simply stock, the risk is in the hands of the customer. The risk is also in the hands of the customer if there is a delay in the delivery due to reasons caused by not being present upon delivery.
3.5 Delivery and performance mistakes due to acts of higher force are not the responsibility of Simply. The results of outside influences give Simply the right to delay a delivery or to cancel non completed parts of orders. Acts of higher force include strike, blockades, import and export restrictions and other national interventions regardless whether they affect directly Simply or distributors to Simply .
3.6 In the case of effects of acts of higher force which will cause a delay of a delivery, we will of course inform the customer without delay.
4. Payment and Late Payments
4.1 All product prices at Simply include the legal VAT and are stated in Swiss Francs. The prices are valid until otherwise revoked.
4.2 Customers from NON EU countries can order at Simply minus VAT. The removal of the country specific taxes is in charge of the customer and is not under the responsibility of Simply. Additional import taxes or duties in your country may occur. They have to be paid by the customer.
4.3 The payment, including shipping and potential taxes is entirely due upon placement of an order.
4.4 The payment can be processed by credit card or by any other payment method available on Simply’s website. The customer has the possibility at all times of requesting the Simply log-in data & tracking in order to follow up his/her order.
5. Invoice withholding rights after notification of defects
A right to withhold may be invoked by the customer only when his complaints have been recognized legally or by Simply.
6. Proprietary Rights
All of our deliveries and performances occur under proprietary rights. Until the delivered/ordered products have been paid for in full by the customer they remain the property of Simply.
7. Warranty
7.1 The warranty period is of 2 years and begins at the time the product is shipped.
7.2 Claims arising from a manufacturer’s guarantee can only be claimed by the customer against Simply, who will then take the case to the product manufacturer.
Claims against Simply which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded as far as this is legally permissible.
7.3 The guarantee is not valid against normal wear and tear caused by use of a product. The guarantee is not valid against any abnormal usage of the product.
7.4 Should a defect in a purchased item be the responsibility of Simply, then Simply is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Simply is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Simply or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
7.5 If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Simply will bill the customer for any expenses incurred.
7.6 Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
8. Disclaimer
Simply uses reasonable endeavors to make the Simply site easy to use and free of problems. Simply makes no (and expressly disclaims all) warranties or representations of any kind, express or implied by operation of law or otherwise including but not limited to warranties of satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness and/or currency, with respect to this site or its contents including but not limited to all information accessible via this site, products and materials, text graphics, hyperlinks and with respect to sites accessed from the Simply website.
9. Partner Links
Simply has chosen partners to have links from its site. However, these sites are not within our control and we cannot be held responsible in any way for the content or services on these sites nor can we vouch for the privacy practices operated on those sites.
10. Data Protection
10.1 The customer is aware of the type, extent, location and purpose for the collection, processing and utilization of personal data obtained from the completion of an order or the registration of an email newsletter.
10.2 The customer gives his/her consent for this collection, processing and utilization of personal data.
11. Applicable law and Jurisdiction
11.1 This web site was created and is served in Switzerland, swiss law therefore governs it and should any legal discrepancy occur, it will be dealt with in a swiss court of law.
11.2. The place of fulfillment for both parts, and place of jurisdiction for all claims of the contractual partner from this contract, including actions on cheques or dishonored bills, shall be Sion, Switzerland. At our choice, the customer may also be sued at his general place of jurisdiction. Swiss law shall apply exclusively. UN purchase law is expressly excluded herewith.
12. Salvatory Clause
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.