Terms and conditions

TERMS AND CONDITIONS

Version 2020-1; posted and effective as of June, 08 2020.

These Terms and Conditions (“Terms”) establish the conditions for your use of the content, features, and services (“Services”) on the www.black-crows.com website(s) (the “Online Store” or “Site”); as well as the sales made between any individual wishing to make a purchase of Black Crows products (“Products”) from the Online Store and CAB 5-4 SAS, an French company registered under number 493 073 464, having its main office at 125 Chemin des Tissourds 74400 Chamonix Mont-Blanc France (“Black Crows”, “we” or “us” as the context may require).

References to “User” and “You” mean any person or legal entity that visits, accesses, or uses the services or registers for an account through the Site. These terms incorporate Black Crows’ standard policies, procedures, and any terms and conditions for use of the Site and Services that are reference by name in the Terms of Service.

1. Preliminary Matters

1.1 By placing an order for product(s) you agree to be bound by and accept these terms and conditions.

1.2 We may update or revise these Terms from time to time. We will state the effective date above. Any changes to the Terms will apply to orders placed on or after the effective date. You agree that you will review these terms periodically. You are free to decide whether or not to accept a modified version of these terms, but accepting these terms as modified, is required for you to continue using the Site or Services. If you do not agree to the terms or any modified version of these terms, you must terminate your use of the Services, in which case you will no longer have access to your account (as defined below) except as otherwise expressly stated by Black Crows, any use of the Services is subject to the version of these terms in effect at the time of use.

1.3 By using the Site or Services, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

1.4 When you provide your telephone number, you are providing express written consent to receive communications from Black Crows, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for our legitimate business purposes, including but not limited to marketing various products and services from both Black Crows and companies Black Crows has joint marketing agreements with. Additionally, you agree to receive communications from Black Crows regarding your any Service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Black Crows is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

2. Shopping and Purchasing on the Site


2.1. The Site displays Black Crow’s products (“Products”) for Site users (“Users”) to purchase. Black Crows does not guarantee the availability of the Service or products. Products, price and availability information are subject to change at any time without notice.


2.2 Please note that orders can only be placed by consumers for their personal or household enjoyment. Users may not place orders for Products for any commercial purpose. Therefore, we will not accept orders placed by companies, associations, independent contractors or any other kind of legal entity.


2.3 To be able to buy Product(s) you have to:

2.3.1     provide your name and address, phone number, email address, payment details and other required information; and

2.3.2     be at least 18 (eighteen) years of age.

2.4 You represent and warrant that you are of legal age and not prohibited by law from accessing or using the Site or Services. 


2.5 If you are ordering ski bindings, in addition to the foregoing, you have to provide the following information for mounting and adjusting the bindings on your skis:

2.5.1     Skier level

2.5.2     Weight (in kilograms)

2.5.3     Length of the sole of your ski boots which will be used with the bindings in millimeters


2.6 You are required to choose a password and a user name when setting up your account or otherwise enrolling in provided services. You are responsible for maintaining the confidentiality of your user name and password, account information, and all activities that occur through the use of your password, account, or as a result of your access to the Site. You agree not to share your password, account information, or access to the Site with any other person. You agree to immediately notify Black Crows of any actual or suspected unauthorized use of your account or password. Black Crows will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.


2.7 Promotional Offers

We reserve the right to cancel any order due to unauthorized, altered, fraudulent, or ineligible use of a discount and to modify or cancel any promotion due to system error or unforeseen problems at any time. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons or discounts cannot be used in conjunction with other offers unless specifically stated in an offer.


2.8 Order Processing and Contract Conclusion

2.8.1     You agree that your order is an offer to buy the Product(s) listed in your order under these Terms. All orders must then be accepted by us.

2.8.2     We may choose not to accept orders in our sole discretion, for example orders which we suspect are not placed in good faith or orders which have not been placed by individuals. We are not required to provide a reason for declining to accept any order, though may do so in our sole discretion. 

2.8.3     After having received your order, if we accept it, we will send you an order confirmation by email with your order number and details of the Product(s) you have ordered and the Terms. Conclusion of the contract will take place the moment you receive the order confirmation email.

(a)           However, please note that the conclusion of the contract of sale for ski bindings will not take place unless and until you have confirmed the information required for mounting and adjusting the bindings on your skis and we confirm receipt of those details. You remain responsible for the accuracy of the details you provide us.

(b)          The order confirmation email is your proof of purchase, please store it as we will not archive your contract.

2.8.4     We reserve the right, without prior notification, to limit the order quantity on any item. We reserve the right to refuse service to any user. Verification of information may be required prior to the acceptance of any order.


2.9 Prices, Shipping and Handling Charges and Taxes

2.9.1     The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation email.

2.9.2     We may change prices at any time without notice. Price increases will only apply to orders placed after such changes. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. 

2.9.3     Prices for the Product(s) include VAT or other applicable taxes but do not include charges for shipping and handling.

2.9.4     Separate charges for shipping, handling and their related VAT or other taxes will be shown in the Online Store during the ordering process and, in any case, on the Order confirmation email.

2.9.5     In case certain costs cannot be reasonably calculated before the conclusion of the contract, you will be informed about the manner in which the total price will be calculated.


2.10 Delivery

2.10.1  We deliver Product(s) only to:

United States

Canada

France

United Kingdom

Switzerland

Germany

Italy

Sweden

Austria

Norway

Spain

Belgium

The Netherlands

Finland

Denmark

Slovakia

Czech Republic

Poland

Slovenia

Greece

Portugal

Estonia

Ireland

Lithuania

Luxembourg

Latvia  

2.10.2  Delivery Restrictions:

We are unable to deliver to: Overseas army addresses, Prisons, Guernsey, Anguilla, Ascension Island, Bermuda, British Indian Ocean Territory, British Antarctic Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Island of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, South Georgia and the South Sandwich Islands, Turks and Caicos Islands, Guadeloupe, Martinique, Guyana, Mayotte, Reunion, New Caledonia, French Polynesia, Saint Pierre and Miquelon, Saint Barthelemy, Saint Martin, French Southern & Antarctic Territories, Wallis and Futuna.

2.10.3  Delivery options are as follows:

(a)           Standard: estimated delivery time of 3 (three) to 5 (five) business days

(b)          Express: estimated delivery time of 2 (two) to 3 (three) business days

2.10.4  Delivery time as well as the delivery option you chose will be confirmed in the order confirmation.

2.10.5  Delivery date will not exceed 30 (thirty) calendar days, unless otherwise specified in these Terms or you specifically agree to a later date.

2.10.6  If you order any personalized Product(s), the manufacturing time for such personalized Product(s) is added to the shipping time of the selected delivery option.

2.10.7  In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered Product(s) to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the Product(s) remain undelivered after the first delivery attempt for a period of 7 (seven) working days and are returned to us undelivered, we shall be entitled to cancel the contract and we will refund you in accordance with the provisions the Return and Refund Article of these Terms.

2.10.8  We shall not be held responsible for delayed delivery or failure to perform, if the delay or failure is neither due to our fault nor for our account pursuant to the law or generally accepted principles.

2.10.9  We encourage you to examine the delivery package and received Product(s) within 14 (fourteen) days after they are delivered to you and check their condition and that the content of the delivery package is complete. In case of damaged or missing Product(s), please contact our Customer Service.


2.11 Product(s) Availability

We do not guarantee the availability of any Product(s) in the Online Store. Unless we accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).


2.12 Compatibility, Product Information

Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.


2.13 Payment

2.13.1  Payment can be made by credit card (Visa/Mastercard/Amex) Klarna and Paypal.

2.13.2  All payments will be subject to security checks. Therefore our service providers may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.


2.14 Return and refund

2.14.1  Please note that we will only process returns and refunds for Product(s) bought in the Online Store.

2.14.2  If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided you complete the return procedure on our online platform https://www.black-crows.com within 30 (thirty) calendar days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right will expire within 30 (thirty) calendar days after the date on which you receive the Product(s).

2.14.3  In order to exercise your cancellation right and return the products, please complete the return procedure on our online platform https://www.black-crows.com/returns/ as per instructed on the return form. Alternatively, you can contact our Customer Service.

2.14.4  You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) purchased.

2.14.5  Please note that you cannot exercise this right of return or cancellation in respect of any Product(s) which have been made to your specific specifications, or have been otherwise personalized (this includes, without limitation skis and bindings which have been mounted and adjusted to the skier).

2.14.6  Once we have received your online request to cancel the contract, we will send you a confirmation email.

2.14.7  You will then have to return the Product(s) within 14 (fourteen) calendar days from the date on which you provided Black Crows your decision to withdraw from the contract. We will bear the direct costs for returning the Product(s).

2.14.8  Return procedure:

(a) You must return the Product(s) in their original package.

(b)  You must include all accessories, user manuals and any free gifts that came in the same package.

(c)  Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned.

(d) Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you.

(e) Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel.

2.14.9  You are responsible for the condition of the product until it arrives and is received in the warehouse.

2.14.10   We will refund the price you paid for the Product(s) plus the initial shipping cost within 2 (two) business days of receiving the returned products at our warehouse. In case you chose an express delivery option, only standard initial shipping cost will be reimbursed.

2.14.11    The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction.

2.14.12    If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), or ,3) with Product(s) missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.

2.14.13   If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer Service either via email or by phone for assistance.


2.15 Warranties and Statutory Rights

2.15.1  Any Product(s) that we supply to you will be of satisfactory quality. If we deliver a Product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. Further information is set out in our warranty policy for Product(s) is detailed on our Site page entitled Warranty Policy.

2.15.2  If you believe that you are entitled to warranty services, please contact our Customer Service Department.

2.15.3  As a consumer, you have legal rights in relation to Products that are faulty or not as described. Further, we are under a legal duty to supply Products that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in our Warranty Policy or elsewhere in our Terms and Conditions will affect these legal rights.

3. Website and Services Provisions



3.1  The Site and Services may be used only for lawful purposes and in a lawful manner.

3.1.1     You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.

3.1.2     Where the Site or Services invite you to submit comments, stories, pictures, videos, or other content (“User Submissions”), you represent and warrant that you have the authority to make such User Submissions and those User Submissions do not violate any third party’s right of publicity, privacy, or intellectual property. Further, you agree that all User Submissions shall be the intellectual property of Black Crows and shall be considered Black Crows Content (as defined below).

3.1.3     By using the Site, you represent and warrant to Black Crows that you will not use the Site in any manner that: (a) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (b) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene or not in good taste; (e) violates, infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (f) violates or promotes the violation of any applicable laws or regulations; (g) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (h) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; (i) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; or (j) for any purpose that is prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.


3.2  Intellectual Property Rights and Grant of Rights to User

The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Black Crows Content”) is owned by Black Crows, and the underlying technology and format are owned or licensed by Black Crows. The Site’s technology and format are protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to these Terms. You shall not copy, distribute, publish, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of your own personal information that is found through the use of the Site, without the prior written permission of Black Crows or the respective copyright holder.


3.3  Third Party Links and Services

The Site may contain links to or permit you to access other websites and services that are not under the control of Black Crows (“Third Party Sites”). We have no responsibility for third party Sites and allowing access from our Site to a Third Party Site does not constitute an endorsement of such. If you use the links or otherwise access the Third Party Sites, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Access to Third Party Sites is enabled solely for the convenience and information of the Site’s users.


3.4 Security

We have implemented commercially reasonable administrative, procedural, and technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Measures will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. However, due to the nature of the Internet and related technology, We cannot absolutely guarantee the security of Personal Information, and Black Crows expressly disclaims any such obligation. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues. 

4. General Terms

4.1 Customer Service

Our Customer Service Department will assist you with any Online Store order related questions. You can contact us either via phone, email or by our live chat, on www.black-crows.com:

By telephone at +33(0)4 50 90 21 93, or

By e-mail at consumerservice@black-crows.com


4.2 If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.



4.3  Governing law

These Terms shall be governed and construed in accordance with the laws of France.


4.4 We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.


4.5  Our Liability

4.5.1     We shall perform our obligations under these Terms and Conditions with reasonable care and skill.

4.5.2     There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. As stated above in section 10, you have certain rights as a consumer, including legal rights relating to faulty or misdescribed Product(s). Nothing in these Terms and Conditions will affect these legal rights.

4.5.3     We are responsible only for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control.

4.5.4     You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s)(including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.

4.5.5     We shall not be liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.

4.5.6     We shall use our reasonable endeavours to verify the accuracy of information that is used on the Online Store but, subject to applicable law, cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us. We will correct errors on our Online Store as soon as possible after becoming aware of them.

4.5.7     As far as ski bindings are concerned, you are responsible for providing accurate information in order that we may conduct proper mounting and adjustments. We shall do so according to the information you provided during the order process and in accordance with established ski industry standards. We cannot be held responsible for mounting or adjustments which are based on incorrect information provided by you.

4.5.8     In case the information as provided by you does not allow mounting or adjusting of your bindings in accordance with established ski industry standards, your bindings will be mounted but not adjusted.

4.5.9     It shall be your responsibility to have the bindings set, tested and adjusted at your cost, by a professional ski dealer before use.

4.5.10  Please note that these terms and conditions do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.


4.3 Disclaimer

THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, BLACK CROWS DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE TO COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE.

IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

5. Delivery


5.1 PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND CLICK CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND CLICK TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.


5.2  You and Black Crows mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for any disputes that arise between You and Black Crows, its related and affiliated companies, and/or any current or former employee, officer, or director of Black Crows or any related or affiliated company as it relates to Your use of the Site and these Terms of Use. You and Black Crows agree that this Arbitration and Class Action Waiver is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York in 1958 (the “New York Convention”) and the French Code of Civil Procedure (CCP) which codifies Decree No. 2011-48 of 13 January 2011. This section will survive even after these Terms terminate. Any revision to or termination of the Terms of Use that modify or terminate this Arbitration and Class Action Waiver shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.


5.3 To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party. You and Black Crows agree that the arbitration shall be administered by the Association Française d’Arbitrage (“AFA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AFA. Except to the extent that they are modified by the rules below, the AFA Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at http://www.afa-arbitrage.com/arbitration/arbitration-rules/?lang=en) will apply. 


5.4          The parties agree that the applicable AFA rules are modified as follows:

5.4.1     Any arbitrator must be neutral as to all parties. 

5.4.2     No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.

5.4.3     The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the dispute(s).

5.4.4     Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.

5.4.5     The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.

5.4.6     The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.

5.4.7     The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.

5.4.8     The parties may settle any dispute on a mutual basis without involvement of the arbitrator.

5.5          Notwithstanding the foregoing, either you or Black Crows may bring an individual action in court for claims of defamation; unauthorized access to the Site, Services, or any Black Crows Content; or infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret. Such claims will be exclusively brought in the jurisdiction in Chamonix Mont-Blanc, France. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the courts located in Chamonix Mont-Blanc France in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Chamonix Mont-Blanc, France for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.


5.6          Except as otherwise required under applicable law, You and Black Crows agree to arbitrate any disputes only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding.

6. Product(s) Availability

 


We do not guarantee the availability of any Product(s) in the Online Store. Unless we accepted your order, we reserve the right, without liability or earlier notice, to change, discontinue or to stop making available any Product(s).

7. Compatibility, Product Information

 


Please take care when placing your order to ensure that the Product(s) you purchase are compatible for the intended use. Please use the Online Store as your final point of reference when checking compatibility. In the event of a difference between the Online Store content and any other website (or any other source of information) the compatibility of Product(s) as shown on the Online Store at the time of purchase will be seen as taking precedence.

8. Payment


Payment can be made by credit card (Visa/Mastercard), Klarna and Paypal.

All payments will be subject to security checks. Therefore our services may contact you to confirm your order information and order details such as proof of address, proof of address in the name of the person indicated for the delivery address etc.

9. Withdrawal, Return and refund


Please note that we will only process returns and refunds for Product(s) bought in the Online Store.

Withdrawal right: If you have bought Product(s) for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you may do so provided you complete the return procedure on our online platform https://www.black-crows.com within 30 days after the date on which you receive the Product(s). In case of a contract relating to multiple Product(s), your cancellation right will expire within 30 days after the date on which you receive the last Product.

In order to exercise your cancellation right and return the products, please complete the return procedure on our online platform https://www.black-crows.com/returns/ as per instructed on the return form. Alternatively, you can return the model withdrawal form that is reattached as Annex 1 or contact our Customer Service (contact details set out in article 14 below).

You may only return Product(s) over which you have taken reasonable care and which you have not used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s). You will be liable for any diminished value of the Product(s) resulting from your handling of the Product(s) other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s) you bought.


Please note that you cannot exercise this right of withdrawal in respect of:

-any product(s) which have been made to the consumer’s specifications or personalised: this includes, without limitation, skis and bindings, or any other Product(s) which have been mounted and adjusted to the skier,

 Once we have received your online statement to cancel the contract, we will send you a confirmation email.

You will then have to return the Product(s) without undue delay and in any event not later than 14 days from the date on which you notified your decision to withdraw from the contract. We will bear the direct costs for returning the Product(s).

 

Return procedure:

You must return the Product(s) in their original package. You must include all accessories, user manuals and any free gifts that came in the same package. Where a Product has been purchased as a part of a bundle of multiple Products, all multiple Products within that bundle must be returned. Please treat the Product(s) with reasonable care and return them in the condition that they were delivered to you. Please pack the Product(s) securely and make sure that your order number is clearly visible on the outside of the parcel. You are responsible for the condition of the product until it arrives and is received in the warehouse. To ensure fast and secure return we encourage you to follow the given return instructions.

We will refund the price you paid for the Product(s) plus the initial shipping cost within 2 days of receiving the returned products at our warehouse. In case you chose an express delivery option, only standard initial shipping cost will be reimbursed.

The refund will be confirmed by email. Payment will be carried out using with the same means of payment as you used for the initial transaction.

If you return Product(s) 1) that you are not entitled to return, 2) that you damaged or used in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product(s), or ,3) with Product(s) missing, or 4) have otherwise failed to exercise reasonable care when taking care of and returning Product(s), we reserve the right either to reject your return and decline to refund or to reduce any payments to be refunded to you for the diminished value of the Product(s), subject to applicable law.

Other return cases: If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact without delay our Customer Service either via email or by phone for assistance (contact details set out in article 14 below).

10. Warranties and Statutory Rights


Any Product(s) that we supply to you will be of satisfactory quality. If we deliver a Product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund, within twenty-four (24) months from the date of delivery of the Product. Further information is set out in our warranty policy for Product(s) is detailed on our website, section Warranty Policy.

If you believe that you are entitled to warranty services, please contact our Customer Service (contact details set out in article 14 below).

As a consumer, you have legal rights in relation to Products that are defective or non-compliant. Further, we are under a legal duty to supply Products that are in conformity with this contract.. Nothing in our Warranty Policy or elsewhere in our Terms and Conditions will affect these legal rights.

11. Personal Data

 


The Privacy policy available on our website and additional provisions in these Terms and Conditions govern the use of your personal data and our use of cookies. Purchasing of Product(s) in the Online Store requires that you accept the privacy policy and the processing of personal data as described in said Privacy policy.

We will take reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence on our part) we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.

12. Our Liability

 


We shall perform our obligations under these Terms and Conditions with reasonable care and skill.

There are certain liabilities that we cannot exclude under applicable law. In particular, nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence or our liability for fraud. As stated above in section 10, you have certain rights as a consumer, including legal rights relating to faulty or misdescribed Product(s). Nothing in these Terms and Conditions will affect these legal rights. 

We are responsible only for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We shall not be liable if we are prevented or delayed from complying with our obligations by anything that you (or anyone acting on your behalf) does or fails to do or due to events that are beyond our reasonable control.

You should take all reasonable steps and precautions to ensure that the Product(s) you order are suitable for your purposes. You must follow any advice that we give you in relation to Product(s)(including instructions, user guides and/or manuals provided with Product(s)). We do not accept liability for damage to Product(s) that we have supplied where caused by your failure to follow our advice.

We shall not be liable for any losses related to any business of yours such as lost data, lost profits, lost revenues or business interruption.

We shall use our reasonable endeavours to verify the accuracy of information that is used on the Online Store but, subject to applicable law, we cannot guarantee that all information will always be accurate and complete. It is possible, for example, that Product images and packaging may not always match Products supplied. If you have any questions or concerns in this regard, please contact us before ordering any Product(s). Also, pricing mistakes may occur from time to time, in which case we may cancel any orders being processed or accepted by us, if the indicated price appears derisory. We will correct errors on our Online Store as soon as possible after becoming aware of them.

As far as ski bindings are concerned, you are responsible for providing accurate information in order that we may conduct proper mounting and adjustments. We shall do so according to the information you provided during the order process and in accordance with established ski industry standards. We cannot be held responsible for mounting or adjustments which are based on incorrect information provided by you.

In case the information as provided by you does not allow mounting or adjusting of your bindings in accordance with established ski industry standards, your bindings will be mounted but not adjusted.

It shall be your responsibility to have the bindings set, tested and adjusted at your cost, by a professional ski dealer before use.

Please note that these terms and conditions do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.

13. General

 


The Online Store may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Online Store and any transactions conducted on or through the Online Store.

We make no warranty that the Online Store will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and/or reliability of the Online Store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Online Store.

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

In relation to purchases from the Online Store, we will communicate electronically by sending email or otherwise posting electronically.

14. Customer Service


Our Customer Service will assist you with any Online Store order related questions. You can contact us either via email or by our live chat, on www.black-crows.com:

By phone: +33(0)4 50 90 21 93

By e-mail : consumerservice@black-crows.com

15. Governing law

 


These Terms and Conditions shall be governed and construed in accordance with the laws of France.

16. Disputes



In the event of a claim or dispute, both Black Crows and the Customer undertake to seek an amicable settlement to the dispute before any legal action or mediation procedure. You shall send your complaint by e-mail or by registered letter with acknowledgement of receipt to the Customer Service (contact details set out in article 14 above).

In the absence of an amicable settlement, you may either refer the matter to the competent court in accordance with ordinary law or to the consumer ombudsman on whom Black Crows depends and whose contact details are:

Médiateur du e-commerce de la FEVAD

Monsieur Bernard SIOUFFI

60 rue la Boétie - 75008 PARIS

E-mail address: mediateurduecommerce@fevad.com

Website: https://www.mediateurfevad.fr/


 Annex I: model withdrawal form


(complete and return this form only if you wish to withdraw from the contract)

To:

CAB 5-4 - Black Crows, 125 Chemin des Tissourds 74400 Chamonix Mont-Blanc France

E-mail: consumerservice@black-crows.com

I/We hereby give notice that I/We withdraw from my/our (*) contract of sale of the following Product(s):

 

  • Ordered on __________ / received on_____________
  • Name of consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s):
  • Date:

 

(*) Delete as appropriate.