General Terms and Conditions of Aquilo Sports GmbH, Lausanne
1.1. The present General Terms and Conditions apply to each type of contract, between a customer (“Buyer”) and Aquilo Sports GmbH (“Seller”).
1.2. Under the contract the Buyer agrees to the General Terms and Conditions at the date of the conclusion of the contract. Any amendments and deviations must be recorded in writing.
1.3. At the Sellers online shop the buyer declares his agreement to the general terms and conditions by checking the box marked “I have read and accepted the general terms and conditions”.
1.4. The online store operator and contractual partner is: Aquilo Sports GmbH, Lausanne, Switzerland.
1.5. Differently phrased conditions of the Buyer, including those, which the buyer expresses along with the acceptance of the contract, are not part of the contract. They only have validity if they have been expressly accepted by the Seller in written form.
2.1. The object of the contract is the offer from the Seller at the time of the conclusion of the contract or according to the individual, written offer of sales.
2.2. The contract has a binding nature only on those items expressly listed on the invoice or order confirmation.
3. Application and Acceptance
3.1. The presentation of goods in our online shop does not constitute an offer (“Antrag”) to conclude a contract.
3.2. Applicant is the Buyer, which remains bound to the declared content of order immediately after ordering. Receipt of applications will be confirmed via automated email.
3.3. The acceptance and thus the conclusion of the contract is explained by the issuance of the invoice or written confirmation of the order by the Seller.
4. Passing of risks
The benefits and risks of the purchased item shall pass to the Buyer with the conclusion of the contract.
5. Selling prices, VAT, shipping costs
5.1. The prices are in Swiss Francs (CHF) or any other foreign currency.
5.2. The price stated in the acknowledgement of order is binding.
5.3. The prices include statutory value added tax.
5.4. In the absence of a separate agreement, packaging, postage, dispatch, freight, insurance, customs duties, taxes and fees of a similar type as well as other additional expenses (e.g. for storage, third-party inspections) are included in the price. Any additional services agreed are charged in addition.
6. Payment Terms
6.1. Payment can take place through the payment methods mentioned on the website.
6.2. The withholding or retention, the purchaser only in so far identified as a judgment or claim is undisputed.
6.3. Invoices will be paid by the client at the latest within 20 days of the invoice date (if no electronic charge is completed). If the client fails to pay an invoice within this payment period, Buyer will automatically default and Seller shall be entitled, without further notice of default and without prejudice to the other rights, to charge the Buyer legal commercial interest of 5% of the invoiced amount from the due date until the date of payment in full.
7.1. The Seller agrees to deliver the ordered product(s) as soon as the required payment of the purchase price in accordance with the invoice has been fully transferred to the account of the Seller.
7.2. Time shall only be of the essence for the transaction if this has been expressly agreed upon. Any period of delivery agreed shall commence on the sending date of the acknowledgement of order. The period of delivery shall be deemed observed if the delivery item has left the manufacturing facility or notice of readiness for shipment has been given upon or before the expiry of such period.
7.3. If we have stated any periods of delivery and if they have been made a basis for the placement of the order and if we are prevented from fulfilling this obligation due to the occurrence of any unforeseen events which we are unable to avert even with the due diligence reasonable in the circumstances of the case (e.g. war, force majeure and labour disputes, particularly including strike and lockout), such periods shall be extended by the duration of such obstruction. This shall also apply if such circumstances occur to outside suppliers.
7.4. The Seller is entitled to make partial deliveries unless this results in any disadvantages for the use of the item.
7.5. The place of performance (“Erfüllungsort”) for the delivery of the object of purchase is the Seller’s domicile.
8. Reservation of Title
The goods delivered shall remain in the property of the Seller until full payment has been received. If the goods are sold, the Buyer shall assign any resulting claims to the Seller in advance. In this case, it shall be obliged to name the Buyer to the Seller upon corresponding request.
9. Liability for Defects
9.1. The Buyer is obliged to check the condition of the received item within 7 days of receipt. When obvious defects arise, for which the Seller has to provide a warranty, the Buyer has to immediately disclose and describe them in written form.
9.2. After the date specified in paragraph 1 of this article, the goods shall be deemed approved.
9.3. If the Buyer later detects such defects, the written notification must be made immediately after the discovery. In case of omission, the Buyer herby accepts the item with its defects.
9.4. The Buyers claims due to a defect in the delivered goods shall expire within one year from the delivery of the item.
10. Data Protection
10.1. The processing of personal data of Buyers by the Seller is limited to the bare minimum required for order processing.
10.2. The data protection provisions of the Federal Act of 19 June 1992 on Data Protection (DSG; SR 235.1) are respected.
11. Subject to Change
11.1. If any provision of these terms and conditions or a provision under any other agreement is or becomes ineffective, the effectiveness of all remaining provisions or agreements shall not be affected.
11.2. The parties commit oneself to replace the invalid terms with valid effective regulations that comes closest to the content of the original intent and that pursued economic purpose.
12. Applicable law and jurisdiction
12.1. Swiss law will apply exclusively to these General Terms and Conditions and all legal relations between Seller and Buyer, excluding the United Nations Convention of 11 April 1980 on contracts for the International Sale of Goods (CISG).
12.2. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the competent court where the Seller is domiciled, i.e. at the ordinary court of Lausanne.