GENERAL TERMS AND CONDITIONS
1. PARTICIPANTS
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 WakeFactory subsequently recognises that an error has occurred in the information about a product, a price or deliverability, 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 have 14 days from the date of receiving the goods to send the items back to us. Returns can be made without giving any reason. It is sufficient if the shipping date falls within this period.
3.1 Prerequisite
In contrast to many other online providers, we do not simply dispose of returned items but resell them in our shop. Therefore, we can only accept goods that are unused and undamaged.
The risk and proof of the return shipment lie with the customer.
3.2 Refund
Once we have received the returned goods in perfect condition, we will refund the purchase price minus a 10 % handling and processing fee, up to a maximum amount of 50.–. The refund will be made using the same payment method as the original transaction.
When paying by invoice, please provide your account information so that we can transfer the refund.
3.3 Conditions for Returns
Returned items must be unused, undamaged and in their original packaging including all accessories and tags.
Returns must be announced in advance by email to shop@wakefactory.ch.
3.4 Excluded Returns
Discounted items, special orders and individually ordered products are excluded from return.
Wakeboards, wakesurf boards and bindings cannot be returned after they have been used.
3.5 Return Address
Wakefactory Zwicker
Via i Quádra 16
6986 Novaggio
Switzerland
Of course, you are also welcome to drop by personally and return the goods directly in our shop.
4. DELIVERY
4.1 Delivery Costs
We keep the largest part of our range in stock and will ship it as quickly as possible. We always aim to deliver your order as quickly as possible.
If, contrary to expectations, an item is not available, we will inform you by email.
Shipping is usually carried out by PostPac Economy via Swiss Post.
4.2 Free Delivery
For orders over CHF 100, delivery within Switzerland is free of charge, including bulky goods such as surfboards and wakeboards.
For orders below CHF 100, we charge a flat rate of CHF 10 per delivery.
4.3 Delivery Outside Switzerland
For deliveries outside Switzerland, shipping costs are calculated individually for each order.
Additional customs duties, import taxes and handling fees may be charged by the customs authorities of the destination country. These costs are borne by the recipient and are not included in the purchase price or shipping costs stated by WakeFactory.
Shipping costs already paid will not be refunded in the event of a return. The customer is responsible for the cost of returning goods from abroad.
4.4 Returns
If you wish to return an item, the return shipping costs are at your own expense. This applies to returns both within Switzerland and from abroad.
Shipping costs paid for the original delivery are non-refundable.
5. PRICE
5.1 Product Prices
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 Value Added Tax (VAT)
Swiss VAT (8.1 %) is included in the prices and shown separately on the invoice.
5.3 Price Changes
WakeFactory may change prices at any time.
The prices applicable at the time the contract is concluded are decisive for the individual order.
5.4 Payment
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 store your credit card number.
5.6 Invoice
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 within 10 days after receipt of the goods.
6. RESERVATION OF OWNERSHIP
6.1 Retention of Title
Until full payment of the delivery price, the goods remain the property of WakeFactory.
6.2 Customer Obligations in Case of Payment Default
If the customer is in arrears with a payment in whole or in part, stops payments or if justified doubts about solvency arise, the customer is no longer entitled to use the goods.
In this case, the customer undertakes to cooperate in all measures required by WakeFactory to protect its property.
7. WARRANTY
WakeFactory guarantees that the products are free from defects at the time of shipment that reduce their value or suitability for normal use.
The customer must check the goods immediately upon receipt and report defects within one week.
Hidden defects must be reported immediately after discovery.
For certain technical products, WakeFactory provides a 6–12 month warranty, provided the product is marked accordingly.
WakeFactory does not accept warranty claims for wear parts or damage caused by improper use or excessive stress.
8. LIABILITY
8.1 Liability
By entering the WakeFactory berth, using sports equipment, being on the boat or using any WakeFactory services, the guest accepts the following conditions.
Outdoor and water sports involve certain risks. By booking, the customer declares that they are aware of these risks.
Participation is at the customer’s own risk and responsibility.
Customers confirm that they are in good health and physically able to participate.
For safety reasons, all sports equipment may only be used with a swim vest, wakeboard vest or wakesurf vest.
Guests on the boat must wear an appropriate life jacket.
Insurance is the responsibility of the participant.
WakeFactory is not liable for personal injury or property damage, even in cases of gross negligence during lessons.
Wakeboarding and wakesurfing by boat are entirely at your own risk.
WakeFactory accepts no liability for valuables or personal equipment brought by customers.
Sessions may be cancelled due to weather conditions such as storms, wind or unsafe water conditions. The decision always lies with WakeFactory and the boat skipper.
Private lessons and booked services must be paid before the service is provided.
8.2 Cancellation Policy
Single boat sessions can be cancelled 24 hours in advance by email.
Group sessions and events can be cancelled 48 hours in advance with a cancellation fee of CHF 100.
If these deadlines are not met, the full amount will be charged.
If a session is cancelled due to bad weather or other reasons, the amount will be credited to the customer’s WakeFactory account and not paid out.
Test equipment must be returned in proper condition. In case of damage or loss, the repair or replacement costs must be paid by the guest.
Animals are not allowed on the boat.
Instructions given by WakeFactory staff must always be followed.
WakeFactory assumes no liability for third-party services or external content.
The exclusive place of jurisdiction is Appenzell, Switzerland, subject to appeal to the Swiss Federal Court.
No liability is accepted for errors or misprints.
9. CHOICE OF LAW
Only Swiss law is applicable, excluding the UN Convention on Contracts for the International Sale of Goods.
10. AMENDMENTS TO THE GTC
WakeFactory reserves the right to change these General Terms and Conditions at any time.
The version published on the website at the time of the order shall apply.
11. MISCELLANEOUS
The place of fulfilment for all obligations of both parties is 6818 Melano, Switzerland.
If individual provisions of these terms become invalid, the validity of the remaining provisions shall remain unaffected.
All disputes arising from the business relationship between WakeFactory and the customer shall be handled by the competent courts of Appenzell, Switzerland, subject to appeal to the Swiss Federal Court.
WakeFactory reserves the right to sue the customer at the courts of their domicile or another competent court.
