Board Yard concludes contracts: a) with natural persons who are capable of acting, ie capable of judgment and of age; as well as with
b) legal entities, each residing in Switzerland (hereinafter referred to as "customer"). Insofar as the application for the conclusion of a contract by an unaccepted participant was inadvertently accepted by Board Yard, Board Yard is entitled to declare the unaccepted participant to withdraw from the contract within a reasonable period of time.
2. OBJECT OF THE CONTRACT
Board Yard delivers the goods ordered by the customer after acceptance of the offer to conclude the contract. If the company Board Yard subsequently recognizes that an error has crept into the information about a product, a price or an availability, the company Board Yard will inform the customer immediately. The latter can confirm the order again under the changed conditions. Otherwise, Board Yard is entitled to withdraw from the contract.
3. CONCLUSION OF CONTRACT / RETURN GUARANTEE
3.1 The contract for an object offered comes into existence without an express declaration to the customer upon acceptance of the offer to conclude the contract by Board Yard (Art. 6 of the Code of Obligations). Board Yard will either confirm the customer's acceptance of the offer to conclude the contract immediately by e-mail at the e-mail address provided by him or at the latest by executing the delivery of the ordered goods.
3.2 Within a cancellation period of 8 days after receipt of the goods, the customer can send the goods back to Board Yard without giving reasons (= right of cancellation or return). The timely dispatch of the goods is sufficient to meet the deadline. The prerequisite is that the goods are not damaged or recognizably used and the return is sufficiently franked. The risk of return and proof of this rests with the customer. If the customer has returned the goods properly and on time, Board Yard will pay the customer back the purchase price already paid.
3.3 Should Board Yard determine after conclusion of the contract that the ordered goods are no longer available from Board Yard or cannot be delivered for legal reasons, Board Yard can either offer or deliver goods of equivalent quality and price or from Withdraw from the contract. If the customer does not accept the replacement delivery, he can send it back. Payments already received will be refunded by Board Yard immediately after a part of the contract has been withdrawn or after a rejected replacement item has been returned.
4.1 The delivery of the goods takes place at the cost and risk of the customer.
4.2 Subject to self-delivery, Board Yard will ensure a quick delivery.
4.3 Depending on availability, ordered articles will be delivered as soon as possible. If an article cannot be delivered immediately, Board Yard will notify the buyer by e-mail.
4.4 If the item is marked as immediately available, it is usually dispatched within 48 hours. If the delivery is delayed, the customer will be informed by email.
4.5 Individual products (delivery period marked 1-3 weeks or marked on request) such as individual surfboards or wetsuits can have a delivery time of up to 8 weeks or their availability must in principle be clarified by the company Board Yard. We try to inform the buyer about the expected delivery date.
5.1 The customer must pay the amount shown in CHF. In addition to the net price (including VAT) for the goods, the invoice shows the prices for packaging and shipping.
5.2 Swiss VAT (8%) is included in the prices and is shown separately on the invoice.
5.3 Board Yard can change prices at any time. The prices applicable at the time the contract is concluded are decisive for the individual order.
6. RETENTION OF TITLE
6.1 The goods remain the property of Board Yard until the delivery price has been paid in full.
6.2 If the customer is completely or partially in arrears with a payment, if he stops making payments or if there are other justified doubts about his solvency, the customer is no longer entitled to dispose of the goods. In this case, the customer undertakes to cooperate in all measures that are necessary to protect the property of Board Yard.
7.1 The company Board Yard guarantees that the products at the time of dispatch are not affected by errors that cancel or reduce the value or the suitability for normal use. An insignificant reduction in value or suitability is disregarded.
7.2 In addition, the customer has potential claims from the manufacturer's guarantee declarations for some products that are added to the products. The customer must check the goods for completeness or any defects immediately upon receipt of the delivery, at the latest within one week of receipt. In the event of a discrepancy, the customer must immediately send Board Yard a notice of defects. In the case of hidden defects, the notification must be made immediately after the discovery of the hidden defect within the warranty period.
7.3 The company Board Yard gives a guarantee of 6-12 months for certain articles if this concerns technical articles which are marked with a guarantee.
7.4 In the event of an incomplete delivery, Board Yard will deliver immediately. Otherwise, Board Yard initially has the right to either repair the defective item or to make a replacement delivery. If the repair is unsuccessful repeatedly or if there is no satisfactory replacement delivery, the customer is entitled to either reduce the purchase price or withdraw from the contract (change).
7.5 The company Board Yard is liable for guaranteed properties, insofar as these are expressly marked on the homepage as guaranteed or as a "guarantee".
7.6 The company Board Yard does not guarantee wear parts or defects that are due to improper use or above-average stress on the goods on the part of the customer.
8.1 Except for the absence of guaranteed properties, fraudulent misrepresentation and the breach of main contractual obligations, Board Yard is only liable for intent and gross negligence. Insofar as such a limitation of liability does not conflict with mandatory law, Board Yard is also liable in any case exclusively for direct damage; ie the customer has in no case claims for 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, lost 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 Swiss law is exclusively applicable to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is determined in accordance with Article 22 of the Place of Jurisdiction.
10. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to change the terms and conditions at any time. The general terms and conditions as published in the web shop apply.
11.1 The place of performance of the obligations of both parties is located in 8003 Zurich Switzerland, where the customer also chooses special domicile at Board Yard in Zurich.
11.2 Should individual provisions of these general terms and conditions not be legally effective in whole or in part or lose their legal effectiveness later, then the validity of these general terms and conditions should not be affected. In this case, the parties undertake to agree an effective regulation instead of the ineffective regulation, which, as far as legally possible, comes as close as possible 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 insofar as these general terms and conditions have a gap not foreseen by the parties.
11.3 All disputes arising from the business relationship between Board Yard and the customer, including those arising from the application of these general terms and conditions, are subject exclusively to the competent ordinary courts of Zurich, Switzerland, subject to further training in Swiss Federal court to judge. However, Board Yard reserves the right to sue the customer in the courts of his domicile or in any other competent court.
Zurich, July 11, 2020