CGV - Terms and conditions of sale

These general terms and conditions of sale are translated from the French language and are therefore binding.

1. Scope of application
These general terms and conditions of sale (hereinafter “GTC”) of backside-shop S.A., Z.I. Le Trési 4, CH- 1028 Préverenges, Switzerland, apply to all orders for items placed via the online store www.backside-shop.ch (hereinafter “online store”) and to all contracts concluded with backside-shop S.A..
www.backside-shop.ch reserves the right to modify these GTC at any time. The version of the GTC available and valid at the time of the order is decisive; it may not be unilaterally modified.
Any provisions to the contrary to these General Terms and Conditions, or any general provisions of the customer or third parties, are invalid. The General Terms and Conditions shall also apply exclusively if www.backside-shop.ch provides its services without reservation, after having taken note of any deviating provisions or general terms and conditions.

2. Offer / conclusion of contract
The offer, i.e. all information on items and prices in the online store (hereinafter referred to as the “offer”), is intended exclusively for customers domiciled in Europe and Switzerland. All information relating to the Offer is non-binding for www.backside-shop.ch and does not represent a legal claim. www.backside-shop.ch reserves the right to modify the Offers, i.e. the range and prices, at any time. Images shown in product catalogs, brochures, advertisements, in the online store, etc. are for illustrative purposes only and are non-binding for www.backside-shop.ch.
By placing an order in the online store (by clicking on the “Order now” button), the customer submits a binding offer which cannot be changed. Once www.backside-shop.ch has received the customer’s order via the online store, an automatic order confirmation with an order number will be sent to the customer by e-mail. This e-mail order confirmation does not represent acceptance of the customer’s binding offer, and no contract comes into effect. No contract comes into force until the goods ordered have been dispatched. If the goods ordered are not available, www.backside-shop.ch expressly reserves the right not to deliver. In this case, the customer will be informed immediately and any payments already made will be reimbursed as soon as possible by backside-shop S.A.. In the online store, prices are indicated in Swiss francs (CHF) or euros (€), include the legal VAT applicable to the country and exclude any shipping costs. The price indicated at the time of ordering applies.
The minimum age for placing an order in the online store is 18.

3. Identity of the contracting party
Unless expressly stated otherwise, the contract is concluded with www.backside-shop.ch.
The address is as follows
Backside-shop S.A.
Z.I. Le Trési 4
CH- 1028 Préverenges
(Open by appointment +41 79 202 20 30)
E-mail: contact@backside-shop.ch
IDE/UID : CHE-111.974.007 TVA
Limited company with capital of: CHF 100’000

4. Delivery
The goods are delivered by a carrier commissioned by www.backside-shop.ch to the address requested by the customer at the time of ordering, exclusively in Switzerland and Europe.
Delivery is free of charge in Switzerland and subject to a charge in the Euro zone. The information on delivery times given in the online store at the time of ordering is non-binding and may be changed by www.backside-shop.ch at any time, even after receipt of the customer’s binding offer or after the automatic order confirmation has been sent by e-mail. In the case of orders placed with www.backside-shop.ch at weekends, on public holidays or on weekdays after 5 p.m., delivery cannot be guaranteed within the period specified at the time of ordering.

5. Payment
The customer may pay by credit card (Visa Card and Master Card only) or PostFinance Card.
Payment by bank transfer releases the order once the amount has arrived in our account (CH60 8080 8001 4463 0957 0).
If the customer opts for payment by credit card / PayPal, the credit card / PayPal account will only be debited when the goods are dispatched and in the event of a return (see section “8. Right of cancellation and return”) after receipt of the goods by www.backside-shop.ch.
Further information on the various payment methods can be found in the “Payment” section of the online store FAQ.

5.1. Gift cards
Gift cards www.backside-shop.ch can be purchased or paid for in the online store.

5.2. Loyalty program
Loyalty vouchers are valid for 3 months. After this period, they are automatically cancelled. (These loyalty vouchers are offered free of charge, are not paper and are therefore non-refundable). These loyalty offers are subject to change at any time without notice. They do not offer any rights, so no shares will be retained.
Loyalty program discounts are offered to customers at our discretion and are therefore subject to change at any time without notice.

6. Reservation of title
The goods delivered remain the property of www.backside-shop.ch until full payment of the invoice by the customer. www.backside-shop.ch has the right to enter the reservation of ownership in the register of reservation of ownership.

7. Complaints / warranty
After delivery by the carrier, the customer must immediately examine the goods for any defects. Complaints must be made immediately, at the latest within 14 days of delivery of the goods to the customer, not only against the carrier, but also against backside-shop S.A. Defects which were not detectable during the immediate examination by the customer in due form (hidden defects) must, immediately after their discovery, be the subject of a complaint not only against the carrier, but also against www.backside-shop.ch .
Backside-shop S.A. assumes the warranty for the absence of hidden defects in the goods delivered for a period of 2 years.
The 2-year period begins on the date of purchase or dispatch of the goods ordered to the customer. During this period, all defects covered by the warranty will be repaired free of charge, provided the customer has made the claim in good time. The customer’s warranty rights are limited to the replacement of the defective item or the correction of the defect, to the exclusion of all other possible rights, in particular compensation for direct or indirect defects. www.backside-shop.ch decides, at its discretion, whether to replace the defective item or to correct the defect. The warranty expires for defects resulting from improper handling or use of the goods.
The warranty does not apply to defects attributable to improper use or handling or inappropriate storage conditions. Negligible deviations from the assured quality of the goods do not give rise to warranty claims. Warranty claims against Backside-shop S.A. may only be asserted by the direct purchaser; they may not be assigned to third parties. The purchaser is only entitled to repair or exchange (replacement delivery). Any right to withdraw from the contract or to reduce the price is excluded. The decision to repair or exchange an item rests with Backside-shop S.A..
– The following are excluded from the warranty
– wearing parts
– batteries and accumulators (electric pumps)
– explosions and detachment of paddle, kite or wing seams that have been over-pressurized by exposure to sunlight or heat
– neoprene wear due to rubbing, as well as tears in the seams
– delamination (swelling) of rigid boards (paddle, kiteboard, wingboard) and reduction of the inner core (EPS) due to overexposure to heat.
Equipment sold second-hand by Backside Shop SA is not covered by any warranty (the equipment is always tested in the store before being sold: check for valves, bladders, lines, hoses, tears, leaks). Any problems arising after purchase are no longer the responsibility of Backside Shop SA.
In the event of errors in the price indication or in the description of the goods, www.backside-shop.ch is not bound by the erroneous indication.

8. Right of cancellation and return
The customer may cancel the order by returning the goods ordered, without giving any reason. Cancellation by return must take place no later than 30 days after delivery of the goods to the customer. Goods requiring assembly prior to delivery, swimwear and swimwear marked with an individual number are excluded from the right of return.
Second-hand and sale items cannot be returned or exchanged.

8.1. Return by Swiss Post
The customer may return goods by post to the address below.
Backside-shop S.A.
Z.I. Le Trési 4
CH- 1028 Préverenges
Switzerland
Please note the following points:
Items must be packed in their original packaging with the label.
Unstamped packages will not be accepted by www.backside-shop.ch and will be returned to the sender at the latter’s expense.
In order to respect the deadline, it is sufficient to send the package on time.
The customer must retain the customer coupon received upon delivery of the goods until the purchase price has been reimbursed.
Returns are at the customer’s risk and expense.
In case of complaint or disagreement, www.backside-shop.ch customer service is available by email: contact@backside-shop.ch
Goods returned to www.backside-shop.ch will be reimbursed within 30 days of receipt of the goods by www.backside-shop.ch.

9. Data protection
www.backside-shop.ch attaches great importance to the protection of the customer’s personal data. Further information on data processing at www.backside-shop.ch can be found in the www.backside-shop.ch privacy policy.

10. Liability
To the fullest extent permitted by law, www.backside-shop.ch excludes all liability for any direct or indirect damage arising from the use of the online store or in connection with orders or the conclusion of contracts via the online store. In particular, www.backside-shop.ch accepts no liability for slight or moderate negligence. www.backside-shop.ch also accepts no liability for damage caused by auxiliary persons engaged to provide services.

11. Other provisions
11.1. Applicable law / jurisdiction
All legal relationships between the customer and backside-shop S.A. are subject to Swiss law. The Vienna Convention does not apply.
The place of jurisdiction for all disputes or legal relations between backside-shop S.A. and the customer is Lausanne. In addition, the courts of Lausanne have exclusive jurisdiction for all disputes or legal relations between backside-shop S.A. and the customer.

11.2 Severability clause
Should individual provisions of the GTC be or become ineffective, or should the GTC contain unforeseen loopholes, this shall not affect the validity of the remaining provisions or of the GTC as a whole. Invalid or missing provisions are replaced by the applicable law.