GENERAL TERMS AND CONDITIONS
The company WakeFactory concludes contracts, a) with capable, i.e. competent and responsible natural persons; as well as with
b) legal entities, each resident in Switzerland (hereinafter referred to as "customers"). If the application for the conclusion of a contract by an unaccepted participant has been accidentally accepted by WakeFactory, WakeFactory is entitled to withdraw from the contract within a reasonable period of time to this unaccepted participant.
2. SUBJECT OF THE CONTRACT
The company WakeFactory delivers the goods ordered by the customer after acceptance of the offer for concluding the contract. If the company WakeFactory subsequently recognises that an error has crept into the information about a product, a price or deliverability, the company WakeFactory will inform the customer immediately. The customer can then confirm the order again under the changed conditions. Otherwise, WakeFactory is entitled to withdraw from the contract.
3. CONCLUSION OF CONTRACT/RETURN GUARANTEE
Of course, you have the right to return goods. Please note, however, that for logistical reasons you only have eight (8) days to send the goods back to us. You can do this without giving a reason and it is sufficient if the mailing date is within the deadline.
In contrast to other online providers, we do not simply throw the returns away, but we sell them in our shop. We can, therefore, only take back goods that are neither used nor damaged. The risk and the proof for the return shipment lies with the customer
As soon as we have received the returned goods in perfect condition, we will refund you the purchase price less 10% for the incurred costs and handling fee. Depending on the chosen payment method, we will choose the same way to refund you the money. When paying on account, please provide your account information so that we can transfer the money to you.
Sagl via Pedreta 26
Of course, you are also welcome to drop in directly and we will take the goods back personally.
4.1 Delivery costs
We have the largest part of our range in stock and we will ship it as quickly as possible. We always try to deliver the goods to you as quickly as possible. If, contrary to expectations, the item is not available, we will inform you by email. The dispatch is usually made by PostPac Economy via Swiss Post.
4.2 Free delivery
For orders over CHF 100, we deliver (with the exception of surfboards, see below) free of charge within Switzerland! For orders below CHF 100, we charge a flat rate of CHF 10 per delivery.
4.3 Shipping costs Surf and Wakeboards (bulky goods)
Bulky goods (such as surf boards and wakeboards) are the only items excluded from free shipping. If the order contains a surfboard, wakeboard or a package with a length of more than 1 metre, per package we charge flat-rate shipping costs of CHF 40. The shipping costs incurred will be shown before placing your order.
4.4 Delivery outside Switzerland
For delivery outside Switzerland, the shipping costs will be calculated individually for each order.
5.1 The customer must pay the stated amount in CHF. In addition to the net price (including VAT) for the goods, the prices for packaging and shipping are shown on the invoice.
5.2 Swiss VAT (7.7%) is included in the prices and is shown separately on the invoice.
5.3 The company WakeFactory can change the prices at any time. The prices applicable at the time the contract is concluded are decisive for the individual order.
All payments are made and debited in Swiss francs.
5.5 Credit card
Fast, safe and practical. We accept VISA and MasterCard. Your payment is protected with industry-leading security and fraud prevention systems as well as SSL encryption. Every transaction is authorised online with the responsible credit card company. We do not save your credit card number.
We also deliver by invoice, but reserve the right to carry out credit checks in cases of doubt and only deliver with advance payment. Invoices must be paid no later than 10 days after receipt of the goods
6. RESERVATION OF OWNERSHIP
6.1 Until full payment of the delivery price, the goods remain the property of WakeFactory.
6.2 If the customer is in arrears with a payment in whole or in part, if he stops his payments or if there are other justified doubts about his solvency, the customer is no longer entitled to make use of the goods. In this case, the customer undertakes to cooperate in all measures required by WakeFactory to protect property.
7.1 The company WakeFactory guarantees that the products are free from defects at the time of shipment that negate or reduce their value or their suitability for normal use. An insignificant reduction of the value or the fitness remains out of consideration.
7.2 In addition, the customer has potential claims from guarantee declarations from the manufacturers of some products that are included with the products. The customer must check the goods for completeness or any defects immediately after receipt of the delivery, at the latest within one week of receipt. In the event of a deviation, the customer must immediately send WakeFactory a notification of defects. In the case of hidden defects, notification must be made immediately after the hidden defect has been discovered within the warranty period.
7.3 The company WakeFactory gives a guarantee of between 6–12 months for certain articles if this concerns technical articles that are marked with a note on guarantee.
7.4 In case of incomplete delivery, WakeFactory will deliver immediately. In addition, WakeFactory initially has the right to either repair the defective item or make a replacement delivery. If the repair is repeatedly unsuccessful or if no satisfactory replacement delivery is made repeatedly, the customer is entitled to either reduce the purchase price or withdraw from the contract (redhibition).
7.5 The company WakeFactory is liable for guaranteed properties, insofar as these are expressly marked as guaranteed or marked as a "guarantee" on the homepage.
7.6 The company WakeFactory does not accept any guarantee for wear parts or for defects that can be traced back to improper use or above-average stress on the goods on the part of the customer.
By entering the WakeFactory berth, using sports equipment, on the boat and using one of the other WakeFactory offers, the guest accepts the following terms and conditions.
The execution of the various water sports activities and the use of sports equipment is at your own risk and responsibility. Outdoor and water sports activities unavoidably involve certain risks. By booking, the customer declares that he is aware of the risks and dangers associated with outdoor activities and water sports. Explicit information and clarification by WakeFactory is therefore not required.
Every customer assures that he is healthy and has the necessary physical conditions. In particular, the customer assures that he is free from cardiovascular problems, serious orthopaedic problems and illnesses or other health impairments that do not allow physical activity or that affect the swimming ability. Personal responsibility, prudence and realistic self-assessment are required from every customer. An explicit inquiry is, therefore, not necessary on the part of WakeFactory.
The operator does not stipulate a minimum age for using the activities offered by WakeFactory. In the case of minors, this is at the discretion of the parents.
8.1 Principle; the legal representative in the case of minors is fully liable for damage to persons, the boat and the equipment caused by the misconduct of the underage customer.
For safety reasons, all sports equipment may only be used with a swim, wakeboard or wakesurf vest. Everyone is responsible for organising and wearing the appropriate vest. An explicit inquiry is, therefore, not necessary on the part of WakeFactory.
For guests who are on the boat, having an appropriate life jacket is obligatory.
Liability: Insurance is the participant's responsibility. WakeFactory is not liable for any personal injury or damage to property, not even in the event of wilful intent or gross negligence during lessons. Wakeboarding/Wakesurfing by boat is entirely at your own risk
8.2 No liability whatsoever is accepted for valuables and equipment, for example material belonging to the customer, which is stored or deposited at the WakeFactory. It is therefore advisable to conclude appropriate insurance for objects you have brought with you and/or for accidents.
The operator is not liable for weather-related or short-term cancellations of booked sessions due to hail, storms, thunderstorms, too much wind, impassable conditions or other indefinite weather influences. The decision on whether to carry out booked sessions is always the responsibility of WakeFactory and the skipper on the boat.
Prices: All prices are in Swiss Francs inclusive 7.7% VAT.
Private lessons and booked services must be paid before the service is received.
8.3 Cancellation and withdrawal of booked services: Booked boat single sessions can be cancelled by email 24 hours in advance. Group sessions and events can be cancelled by email 48 hours in advance with a cancel fee of 100 CHF. If these deadlines are not met, the full amount will be claimed.
If a session is cancelled due to bad weather or other reasons, the money will be credited to the corresponding Wakefactory customer account and will not be paid out.
Test material: The guest is obliged to keep the material in a proper condition and to return it. In the event of damage or loss, the cost of the repair or replacement must be paid by the guest.
It is not allowed to bring animals on the boat.
The instructions of employees of WakeFactory, its staff or the boat operator when using an offer must be followed.
WakeFactory assumes no liability towards third parties who use an offer that is made available by WakeFactory but is not operated by WakeFactory itself. In this case, the terms and conditions of the respective operator apply.
WakeFactory assumes no liability for content and other offers from third parties that are or appear in connection with WakeFactory.
The place of performance and jurisdiction for all parties is APPENZELL.
No liability is accepted for errors or misprints.
8.4 Except in the case of a lack of warranted properties, in the case of fraudulent deception and in the event of a breach of main contractual obligations, WakeFactory is only liable in the event of intent and gross negligence. As far as such a limitation of liability does not conflict with mandatory law, the company WakeFactory is also only liable for direct damage in any case; i.e. under no circumstances shall the customer be entitled to compensation for damage that has not occurred to the delivered goods themselves, such as damage due to loss of production, loss of use, loss of orders, loss of profit or other indirect damage. In the event of default, the customer has the right to withdraw from the contract as an alternative to compensation.
9. CHOICE OF LAW
9.1 Only Swiss law is applicable, with the exclusion of the UN sales law. The place of jurisdiction is determined in accordance with Art. 22 Jurisdiction Act.
10. AMENDMENTS TO THE GTC
We reserve the right to change the GTC at any time. The terms and conditions as published in the web shop apply in each case.
11.1 The place of fulfilment of the obligations of both parties is in 6818 Melano Switzerland, where the customer also chooses a special domicile from the company WakeFactory in Melano.
11.2 Should individual provisions of these general terms and conditions be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of these general terms and conditions. In this case, the parties undertake to replace the ineffective regulation with an effective regulation that, as far as legally possible, comes closest to the economic purpose pursued by the ineffective regulation, taking into account the interests of the parties expressed in these general terms and conditions. The same applies if these general terms and conditions contain a gap not foreseen by the parties.
11.3 All disputes that arise due to the business relationship between WakeFactory and the customer, including those that arise due to the application of these General Terms and Conditions, are exclusively to be dealt with by the competent ordinary courts of Zurich, Switzerland, subject to further referral to the Swiss Federal Court. The company WakeFactory reserves the right to sue the customer in the courts of his domicile or in any other competent court.