1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on DOWN FREE SARL’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: a. modify or copy the materials; b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); c. attempt to decompile or reverse engineer any software contained on DOWN FREE SARL’s web site; d. remove any copyright or other proprietary notations from the materials; or e. transfer the materials to another person or “mirror” the materials on any other server. 2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by DOWN FREE SARL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Content

All of the content on Down’s website, including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by DOWN FREE SARL. and its subsidiaries and affiliates (“Down”) The contents of Down’s site is intended for the personal non-commercial (aside from purchases by you from our site) used by visitors to the site. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. Down retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site.

4. Disclaimer

1. The materials on DOWN FREE SARL’s web site are provided “as is”. DOWN FREE SARL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DOWN FREE SARL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall DOWN FREE SARL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DOWN FREE SARL’s Internet site, even if DOWN FREE SARL or a DOWN FREE SARL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on DOWN FREE SARL’s web site could include technical, typographical, or photographic errors. DOWN FREE SARL does not warrant that any of the materials on its web site are accurate, complete, or current. DOWN FREE SARL may make changes to the materials contained on its web site at any time without notice. DOWN FREE SARL does not, however, make any commitment to update the materials.

7. Links

DOWN FREE SARL has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DOWN FREE SARL of the site. Use of any such linked web site is at the user’s own risk.

8. Site Terms of Use Modifications

DOWN FREE SARL  may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to DOWN FREE SARL’s web site shall be governed by the laws of Switzerland without regard to its conflict of law provisions.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

DOWN FREE Sarl

Privacy Policy

Effective date: May 24, 2018

DOWN FREE Sarl (“us”, “we”, or “our”) operates the www.downskis.com website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.downskis.com

Definitions

  • ServiceService is the www.downskis.com website operated by DOWN FREE Sarl
  • Personal DataPersonal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage DataUsage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • CookiesCookies are small pieces of data stored on your device (computer or mobile device).
  • Data ControllerData Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers)Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User)Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

DOWN FREE Sarl uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), DOWN FREE Sarl legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

DOWN FREE Sarl may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it’s not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

DOWN FREE Sarl will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

DOWN FREE Sarl will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Switzerland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Switzerland and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

DOWN FREE Sarl will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, DOWN FREE Sarl may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

DOWN FREE Sarl may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of DOWN FREE Sarl
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. DOWN FREE Sarl aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where DOWN FREE Sarl relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

10. Returns and Shipping

Delivery and Returns

DOWN FREE Sarl returns policy has been set up to keep costs “DOWN” and to make the process as easy for you as possible. You must contact us and be in receipt of your original invoice before sending any item back. Any product without a valid invoice number, not in its original state, damaged, drilled or mounted will not be refunded. All returns will be processed within 7 working days upon receipt of the returned goods.

Exchange

If when you receive your product(s) and you are not completely satisfied you may return the items to us, within 7 working days for exchange or refund. Returns will take approximately 7 working days for the process once the goods have arrived. Items must be in original packaging, in all original boxes, packaging materials, and all accessories and documents provided by DOWN FREE Sarl. We strongly recommend that you fully insure your package that you are returning. We suggest the use of a carrier that can provide you with a proof of delivery. DOWN FREE Sarl will not be held responsible for items lost or damaged in transit. All shipping back to DOWN FREE Sarl is paid for by the customer. We are unable to refund you postal fees. Any product returned found not to be defective can be refunded within the time stated above and will be subject to a 5% restocking fee to cover our administration costs. Goods found to be tampered with by the customer will not be replaced but returned at the customers expense.

Incorrect/Damaged Goods

We try very hard to ensure that you receive your order in pristine condition. If you do not receive your products ordered. Please contract us. In the unlikely event that the product arrives damaged or faulty, please contact DOWN FREE Sarl immediately, this will be given special priority and you can expect to receive the correct item within 72 hours. Any incorrect items received all delivery charges will be refunded back onto you credit/debit card.

Delivery service

We try to make the delivery process as simple as possible and our able to send your order either you home or to your place of work. Delivery times are calculated in working days Monday to Friday. If you order after 4 pm the next working day will be considered the first working day for delivery. In case of bank holidays and over the Christmas period, please allow an extra 2 working days. We aim to deliver within 7 working days but sometimes due to high order volume certain in sales periods please allow 5 days before contacting us. We will attempt to email you if we become aware of an unexpected delay. All orders are sent out via DHL (EU and Non-EU) or BRT (Italy only). Each item will be attempted to be delivered twice. Failed deliveries after this can be delivered at an extra cost to you or you can collect the package from your local post office collection point. If you have a special need please contact us directly at [email protected]

Pre-Sale Delivery

Any skis sold in the annual DOWN FREE Sarl “pre-sale” will be delivered by November 1st, 2017. Again any questions contact us directly at [email protected]

 

Export Restrictions

At present DOWN FREE Sarl sends goods in Europe ONLY however areas subject to import duties and local taxes will be required to have the bills paid for my the recipient. These additional costs are not subject to payment by DOWN FREE Sarl. If however you have a

Outside Idea Submission Policy

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas, concepts, or artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).If, through participation in certain activities, you send any material (e.g., postings to message boards, contests, etc.) or, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

Liability

WARNING! SKIING CAN BE A HAZARDOUS ACTIVITY. USE OF THIS PRODUCT MAY CAUSE SERIOUS INJURIES TO ANY AND ALL PARTS OF THE USER’S BODY. THE USER SHOULD RECEIVE INSTRUCTION FROM A QUALIFIED SKIING INSTRUCTOR BEFORE USING THIS EQUIPMENT. THIS PRODUCT SHOULD BE USED BY MINORS ONLY WITH DIRECT SUPERVISION AND CONSENT OF PARENTS OR LEGAL GUARDIANS. NEITHER THE SELLER NOR THE MANUFACTURER SHALL BE LIABLE FOR ANY INJURY, LOSS, DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.