GENERAL TERMS & CONDITIONS OF SALE
Clause 1: Introduction
The present general terms & conditions of sale apply exclusively between e-factory Sàrl, [the company] Route de Lausanne 4, 1180 ROLLE, Switzerland and every individual visiting or making a purchase via the company’s following websites [the purchaser] www.forward-sailing.ch / www.nautisails.com / www.direct-sportshop.com / www.spinnaker-one.com .
Internet users can view the company’s general terms & conditions of sale on its websites mentioned above [the websites]. The company reserves the right to modify its general terms & conditions of sale at any time and the general terms & conditions that will be binding are the ones which are on the website at the time the purchaser places an order.
In the event of any discrepancies between the various language translations of the company‘s general terms & conditions of sale, the company’s French language version of the general terms & conditions of sale will prevail.
Clause 2: Contract
2.1 Conditions to place an order
The purchaser declares to be of at least 18 years of age and to have legal standing or to be the holder of parental consent allowing the purchaser to place an order on the website.
2.2 Order
Once the purchaser has placed an order the company will send the purchaser an email confirming the order. The company will inform the purchaser shipping details of the purchaser’s items ordered. The purchaser has nevertheless the possibility of modifying the order up until the dispatch date of the purchaser’s items.
Clause 3: Prices, availability and delivery
The prices quoted on the website are:
either in Euros inclusive of all French sales taxes (French VAT and other applicable taxes), excluding shipping costs for the orders delivered within the European Union
or in Swiss Francs inclusive of all Swiss sales taxes (Swiss VAT and other applicable taxes), excluding shipping costs for the orders delivered within Switzerland,
for orders delivered outside the territories of the European Union or Switzerland, the terms and conditions in Clause 4 "customs duties" will apply.
The company can accept the purchaser’s orders subject to the availability of stock. If despite every effort on the company’s part to maintain stock levels and if items are out of stock, the company shall inform the purchaser of this fact by email at its earliest convenience. The company shall either offer the purchaser the possibility to wait for the availability of stock or systematically offer the cancellation of the order and a refund to the purchaser.
Despite the company’s best efforts, it is still possible that an item description or image appearing on the company’s website contains a mistake on price. In this event, the company assures the purchaser that the price will be checked during the order processing procedure. If the corrected price is lower than the price shown on the website, the company shall apply the lowest price and shall send the purchaser his items. If the corrected price is greater than the price shown on the website, the company shall inform the purchaser about it and shall proceed to cancel the order unless the purchaser chooses to accept the order at the corrected price.
The order is generally shipped within 4 days following the receipt of payment of the purchaser’s order. Parcels are generally despatched by post and delivery deadlines are dependent on delivery destinations.
Clause 4: Customs duties
Any order put on the website and delivered outside the customs territory of the European Union or Switzerland can be subjected to possible taxes and to customs duties which are imposed when the parcel reaches its destination. These possible customs duties and taxes connected to the delivery of an item are wholly the purchaser’s responsibility. The company has no obligation whatsoever under to verify and to inform the purchaser of any such customs duties and applicable taxes and other charges. We recommend the purchaser to enquire the appropriate authorities of their country of delivery.
Clause 5: Payment
The purchaser can make payment by a credit or debit payment card. In case of payment by credit or debit payment card, the payment amount of the purchasers order is withdrawn at the time of the order.
The company also accept payments by bank wire transfer providing that all applicable wire transfer charges are borne by the purchaser. In this case the shipping of the order will occur only after cleared funds are received by wire transfer. This may inevitably extend the delivery deadline. In the event that the purchaser’s wire transfer is not received one week after the date of order, the company will be entitled to cancel the purchasers order.
Clause 6: Transfer of ownership
The items delivered will remain the property of the company until the shipping thereof and while giving the item to the courier and as soon as the purchaser has paid the full price.
Clause 7: Returns
The purchaser has the right to withdraw the order within seven days of placing the order without affecting the statutory rights of the purchaser. The return must be made with parcel tracking enabled and entirely at the expense of the purchaser, including the possible taxes of re-importation (VAT, customs duties and other costs). The right of return of goods does not apply to the items purchased that were made-to- measure, in particular customized sails.
In the case of delivery of an item, not compliant with the purchaser’s order or in case of damaged caused in transit, the company kindly requests the purchaser to get in touch with the company within seven days from the receipt of the items. (the supply of photographic evidence and a detailed description of the defects in writing will facilitate and accelerate the response). If the company agrees to replace a damaged item or an item not compliant with the purchaser’s order, the purchaser will have to send it back to the company within 10 days after the company’s acknowledgement. In the case of non compliance by the purchaser of their returns obligations of the damaged item within 10 days, the initial delivery will be considered to have been accepted. The returns must be compliant to the company‘s instructions in parcel tracking.
All returned items, whether or not due to non conformity of the order or damage caused in transit must be sent in the original packaging or in the same quality of packaging. The product must be correctly packed in cardboard box, looking new despite being damaged, if damaged in transit and should be unused and in perfect condition if due to non conformity of the order. The replacements of the items or the refunds will be made as soon as possible.
Clause 8: Guarantees and responsibility
The purchaser benefits from the legal guarantee of the latent defects.
This is a one year guarantee and concerns the fabric, the thread and the original accessories of the item. The damage resulting from unsuitable use or from misuse is not guaranteed. Any intervention on a sail or an accessory under guarantee has to be duly agreed by the company. If not, the guarantee shall be cancelled. When the purchaser wishes to benefit from the guarantee, the purchaser systematically has to contact the company beforehand, in order to follow the company’s instructions. The company shall bear the costs of shipping only if it can accept the intervention in guarantee and if the purchaser follows the company’s instructions.
The company declines any responsibility in the hypothesis where the delivered item does not conform to the legislation of the country of delivery outside the European Union and Switzerland.
The company makes a commitment to take due care in accordance with professional guidelines with its service to its customers. Nevertheless, the company’s responsibility cannot be upheld in case of any breach to its contractual obligations, because of a coincidence or in case of an absolute necessity such as defined by case law issued by Swiss jurisdiction.
The company will not be held responsible in case of delays caused by stock shortages at its supplier. Also, it will not be held responsible in case of insubstantial differences between the photos displayed of items on the company’s website, texts and illustrations and items ordered by the purchaser.
We will apply all means which we have to ensure the service obligations of the current general terms & conditions of sale. We will be responsible for any direct and foreseeable damages at the time of the use of the site or for the conclusion of the sale contract between the company and you. The company shall have no liability for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; or any indirect or consequential loss or damage, howsoever caused, loss of earnings, commercial losses, loss of data or loss of income, at the time of the use of the site or the conclusion of the sale contract between the purchaser and the company.
The limitation of afore-mentioned responsibility is not applicable in case of deception or of serious offence of our part, in case of physical injury or of responsibility due to defective products, in case of eviction and in case of non conformity (including due to latent defects).
Clause 9: License of access to the site
The company grants limited license to access and use the website for the purchaser’s personal use. The purchaser is strictly forbidden to download or to modify any contents of the company’s website without its written and express authorization. This license does not permit the purchaser on any account whatsoever to use for the sale or for any other commercial use at all the website of the company including its contents (listed products, descriptions, price, download or copy of the information for another storekeeper, use of data, audio extracts, graphics, images, texts, photos, tools).
The contents of the company’s website must not be reproduced, copied, sold or exploited for commercial purposes without the company’s express and written authorization.
The purchaser and the user of the website is expressly forbidden to use techniques permitting to copy a brand, a logo or any such other information or material, in particular images, texts and models, of which the ownership belongs to the company, without the express and written agreement from the company. The purchaser does not have the right to use the meta tags or any other hidden texts containing the company’s name, the brand including that of any of the companies group of companies without our express and written agreement. Any unauthorized use will immediately terminate the license which the company grants the purchaser.
The company authorizes the purchaser, in a non exclusive and revocable title, to create a hypertext link clocking at the homepage of the site on condition that this link does not cause the company any damages either against its group of companies or in the company’s products or services, in particular by a deceitful, false or pejorative character. On no account will the creation of this hypertext link can engage the company’s responsibility, whatever title it is, on the contents of the purchaser’s website. Any use in the purchaser’s link of the company’s logo or its brand or its graphics requires the company’s express and written permission and organisation.
The company uses free software architecture, the license of which can be found at this address http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html
Clause 10: Protection of the particulars
The company makes a commitment to protect the purchaser’s personal data. All of the purchaser’s particulars that the company collects are treated with the strictest confidentiality and according to legal requirements.
Clause 11: Applicable right and competent jurisdiction
These general terms & conditions of sale are subjected to the laws applicable to Switzerland and to the Convention of Vienna on international contracts of sale of goods. The parties irrevocably agree that the courts of Switzerland located in Lausanne shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation, including non contractual disputes or claims, provided that the company shall not be prevented from seeking any court order or judgement in any other court of contempt jurisdiction.
Clause 12: Identification
The company’s website belongs to and is managed by e-factory Sàrl
e-factory Sàrl
Route de Lausanne 4
CH 1180 Rolle
Registered in Switzerland under number: CHE-492.178.582
Swiss VAT number: CHE-492.178.582 TVA
Intrastat VAT number: FR91533436168
