Contact: 0041 79 2220800 Email: firstname.lastname@example.org
Rebügel 17, 5445 Eggenwil, Switzerland
1. Content The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
3. Copyright The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
5. Legal validity of this disclaimer This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
General terms and conditions
1. For any business relationship between Deckride and the customer exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
2. The customer recognizes the exclusive validity of Deckride’s General Terms and Conditions for the entire business relationship. deckride will not recognize any different conditions of the customer unless the management of Deckride has expressly agreed in writing to their validity. If the customer enters into a business relationship with Deckride by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and Deckride.
§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
1. The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.
2. You have the possibility of making the purchase contract in German or English. The ordering and transaction language may also be either German or English. We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.
3. If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
4. Deckride reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
5. All offers are valid as long as material stocks last. In case we cannot ship you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products.
6. Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’. CANCELLATION POLICY Cancellation rights The cancellation is limited until the start of manufacturing of the product. Since the product is individually produced a refund except for material defects, manufacturing defects or damage on the way to the client is not possible.
§ 3 DELIVERY
1. Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
2. 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 indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
3. Delivery and service delays due to acts of God are not the responsibility of Deckride. Such events give Deckride the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Deckride or distributors of Deckride.
4. In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
5. Deliveries are made within the EU or Switzerland, although for certain countries special security tests have to be undertaken before the delivery can be effected. In this case this is explained to the customer in advance.
§ 4 PAYMENT AND LATE PAYMENTS
1. All product prices at Deckride are gross prices. Any customs duties occurring through delivery to Switzerland are borne by Deckride. Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro. Deckride converts currencies based on the exchange rates of European Central Bank.
2. The retail price is payable upon placement of an order.
3. The customer can pay the purchase price by prepayment or Pay Pal regardless from which country he orders (EU + Switzerland) .
§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
1. A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Deckride. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
§ 6 PROPRIETARY RIGHTS
1. All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Deckride.
2. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
3. A right of compensation is only available to you, if your counterclaims are established legally or recognized or accepted by us. Additionally, you only have a right of retention, so long as your counterclaim is based on the same contract.
4. If the customer has any remaining default payments due to us, all existing receivable are due immediately.
§ 7 GUARANTEE
1. The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.
2. Claims against Deckride which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
3. The guarantee is not valid against normal wear and tear caused by use of a product.
4. Should a defect in a purchased item be the responsibility of Deckride, then Deckride is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Deckride 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 Deckride 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.
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 Deckride will bill the customer for any expenses incurred.
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
1. Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus Deckride accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Deckride is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
2. The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
3. Deckride accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
4. The customer expressly understands that the trucks are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted trucks are not ready to ride! The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.
§ 9 LINKS AND REFERENCES
1. The links to outside pages made by Deckride are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Deckride does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
§ 10 INFORMATION OBLIGATIONS
1. On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Deckride of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Deckride may withdraw from the contract, in as far as such a contract has been made.
§ 11 APPLICABLE LAW AND JURISDICTION
1. Swiss law applies.
2. In all legal matters Swiss law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between Deckride and the customer applies, in as far as this is legally permissible.
3. If the customer is not subject to general legal jurisdiction in Switzerland, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then 5000 Aarau (Switzerland) will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.
§ 12 DATA PROTECTION
1. All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.
§ 13 SEVERABILITY CLAUSE
1. 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.