Welcome to spinnaker-one.com
The present general terms & conditions of sale apply exclusively between e-factory Sàrl, [the company] Route de Lausanne 4, 1180 ROLLE, Switzerland and every individual visiting or making a purchase via the company’s following website www.spinnaker-one.com.
Internet users can view the company’s general terms & conditions of sale on its website mentioned above [the website]. The company reserves the right to modify its general terms & conditions of sale at any time and the general terms & conditions that will be binding are the ones which are on the website at the time the purchaser places an order.
Clause 2: Contract
2.1 Conditions to place an order
The purchaser declares to be of at least 18 years of age and to have legal standing or to be the holder of parental consent allowing the purchaser to place an order on the website.
Once the purchaser has placed an order the company will send the purchaser an email confirming the order. The company will inform the purchaser shipping details of the purchaser’s items ordered.
The purchaser is responsible for the delivery address is correct. In case of an error the purchaser shall support the transports costs.
Clause 3: Prices, customs duties availability and delivery
The prices quoted on the website are in USD. The company prices do not include sales tax, VAT, customs duties….which are imposed when the parcel reaches his destination. The purchaser is responsible for any taxes collected or levied by their local state, country…as well as brokerage fees for international shipping. The company has no obligation whatsoever under to verify and to inform the purchaser of any such customs duties and applicable taxes and other charges. We recommend the purchaser to enquire the appropriate authorities of their country of delivery.
Despite the company’s best efforts, it is still possible that an item description or image appearing on the company’s website contains a mistake on price. In this event, the company assures the purchaser that the price will be checked during the order processing procedure. If the corrected price is lower than the price shown on the website, the company shall apply the lowest price and shall send the purchaser his items. If the corrected price is greater than the price shown on the website, the company shall inform the purchaser about it and shall proceed to cancel the order unless the purchaser chooses to accept the order at the corrected price.
The ordered products will be sent to the address mentionned in your order under the section : DELIVERY ADDRESS. The articles on the website are NOT in stock, they will be ordered and produced after reception of your payment. After reception of your payment you will receive an e-mail of confirmation. The leadtime is 15 to 35 working days for the standard products and 45 to 50 days for the custom ones.
In the rare case of a stock shortage, the company will contact the purchaser with a new probable ship date, and the purchaser has the right to cancel at any time before shipment without fees or penalties.
The parcels are generally dispatched by UPS but can be adapted in function of the size and weight of the parcels. Delivery deadlines are dependant on delivery destinations.
Clause 4: Payment
We accept payments through Paypal if the purchaser has a Paypal account or through credit cards with Paypal payment system, note that the purchaser does not necessarily need to have an account by Paypal.
The company also accept bank wires providing that all applicable wire transfer charges are borne by the purchaser. In this case the shipping of the order will occur only after cleared funds are received by wire transfer. This may inevitably extend the delivery deadline. In the event that the purchaser’s wire transfer is not received one week after the date of order, the company will be entitled to cancel the purchasers order.
Clause 5: Transfer of ownership
The items delivered will remain the property of the company until the shipping thereof and while giving the item to the courier and as soon as the purchaser has paid the full price.
Clause 6: Returns
The company does its best to describe its products on its web site. The company is happy to call the purchaser if the purchaser has any questions prior to purchasing.
The purchaser has the right to withdraw the order within 14 days of receiving the order without affecting the statutory rights of the purchaser. The return must be made with parcel tracking enabled and entirely at the expense of the purchaser, including the possible taxes of re-importation (VAT, customs duties and other costs). The returned product must be complete, and brand new. The company cannot accept for returns any sails that have been used at all, even gently. The purchaser must contact the company before returning the product at : firstname.lastname@example.org
The right of return of goods does not apply to the items purchased that were made-to-measure (with specification and design according to your specific demand and boat), in particular customized spinnakers.
In the case of delivery of an item, not compliant with the purchaser’s order or in case of damaged caused in transit, the company kindly requests the purchaser to get in touch with the company within seven days from the receipt of the items. (the supply of photographic evidence and a detailed description of the defects in writing will facilitate and accelerate the response). If the company agrees to replace a damaged item or an item not compliant with the purchaser’s order, the purchaser will have to send it back to the company within 10 days after the company’s acknowledgement. In the case of non compliance by the purchaser of their returns obligations of the damaged item within 10 days, the initial delivery will be considered to have been accepted. The returns must be compliant to the company‘s instructions in parcel tracking.
All returned items, whether or not due to non conformity of the order or damage caused in transit must be sent in the original packaging or in the same quality of packaging. The product must be correctly packed in cardboard box, looking new despite being damaged, if damaged in transit and should be unused and in perfect condition if due to non conformity of the order. The replacements of the items or the refunds will be made usually in about 2-3 weeks.
Clause 7: Warranty and responsibility
The purchaser benefits from the legal warranty of the latent defects.
This is a one year warranty and concerns the fabric, the thread and the original accessories of the item. The damage resulting from unsuitable use or from misuse or normal wear and tear, modifications or alterations not made by the company, improper storage or damages due to accidents and use outside of normal recreational practice is not warrantied. Any intervention on a sail or an accessory under warranty has to be duly agreed by the company. If not, the warranty shall be cancelled. When the purchaser wishes to benefit from the warranty, the purchaser systematically has to contact the company beforehand, in order to follow the company’s instructions. The company shall bear the costs of shipping only if it can accept the intervention in warranty and if the purchaser follows the company’s instructions.
To start a warranty claim the purchaser shall contact the company and obtain a return authorization. The company reserves the right to repair or replace the product within commercially reasonnable time frames.
The company makes a commitment to take due care in accordance with professional guidelines with its service to its customers. Nevertheless, the company’s responsibility cannot be upheld in case of any breach to its contractual obligations, because of a coincidence or in case of an absolute necessity.
The company will not be held responsible in case of delays caused by stock shortages at its supplier. Also, it will not be held responsible in case of insubstantial differences between the photos displayed of items on the company’s website, texts and illustrations and items ordered by the purchaser.
The company will apply all means which it has to ensure the service obligations of the current general terms & conditions of sale. The company will be responsible for any direct and foreseeable damages at the time of the use of the site or for the conclusion of the sale contract between the company and the purchaser. The company shall have no liability for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; or any indirect or consequential loss or damage, howsoever caused, loss of earnings, commercial losses, loss of data or loss of income, at the time of the use of the site or the conclusion of the sale contract between the purchaser and the company.
Clause 8: License of access to the site
The company grants limited license to access and use the website for the purchaser’s personal use. The purchaser is strictly forbidden to download or to modify any contents of the company’s website without its written and express authorization. This license does not permit the purchaser on any account whatsoever to use for the sale or for any other commercial use at all the website of the company including its contents (listed products, descriptions, price, download or copy of the information for another storekeeper, use of data, audio extracts, graphics, images, texts, photos, tools).
The contents of the company’s website must not be reproduced, copied, sold or exploited for commercial purposes without the company’s express and written authorization.
The purchaser and the user of the website is expressly forbidden to use techniques permitting to copy a brand, a logo or any such other information or material, in particular images, texts and models, of which the ownership belongs to the company, without the express and written agreement from the company. The purchaser does not have the right to use the meta tags or any other hidden texts containing the company’s name, the brand including that of any of the companies group of companies without our express and written agreement. Any unauthorized use will immediately terminate the license which the company grants the purchaser.
The company authorizes the purchaser, in a non exclusive and revocable title, to create a hypertext link clocking at the homepage of the site on condition that this link does not cause the company any damages either against its group of companies or in the company’s products or services, in particular by a deceitful, false or pejorative character. On no account will the creation of this hypertext link can engage the company’s responsibility, whatever title it is, on the contents of the purchaser’s website. Any use in the purchaser’s link of the company’s logo or its brand or its graphics requires the company’s express and written permission and organisation.
The company uses free software architecture, the license of which can be found at this address http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html
Clause 9: Protection of the particulars
The company makes a commitment to protect the purchaser’s personal data. All of the purchaser’s particulars that the company collects are treated with the strictest confidentiality and according to legal requirements. The company uses the purchaser’s personal data only as far as necessary to process his transaction, or to inform the purchaser of product offers.
Clause 10: Applicable right and competent jurisdiction
These general terms & conditions of sale are subjected to the laws applicable to Switzerland and to the Convention of Vienna on international contracts of sale of goods. The parties irrevocably agree that the courts of Switzerland located in Lausanne shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation, including non contractual disputes or claims, provided that the company shall not be prevented from seeking any court order or judgement in any other court of contempt jurisdiction.
Clause 11: Identification
The company’s website belongs to and is managed by e-factory Sàrl
Route de Lausanne 4
CH 1180 Rolle
Tel : +41 21 826 261 6
Registered in Switzerland under number: CH-550-1092207-2
Swiss VAT number: CHE-492.178.582 TVA