TERMS & CONDITIONS
Terms & ConditionsApatcha
The online shop at https://shop.apatcha-sup.ch/ and https://shop.apatcha-sup.com (the “Website”) is operated by White Wave AG, Seestrasse 53, 8942 Oberrieden, Switzerland.
These conditions of sale will apply only to any orders placed via the Website in respect of products advertised on the Website by consumers in the UK and any contract for the sale of such products by Apatcha SUP. If you are a consumer but are not based in the UK, please see the relevant section of the Website for the conditions of sale that apply to customers in your country. If you are a business or trade customer and wish to purchase any products from us, please contact us at firstname.lastname@example.org
Please read the following conditions of sale carefully before submitting your order to Apatcha SUP.
CONDITIONS OF SALE
These conditions of sale will apply to any orders that you (“customer/you”) place via the Website in respect of products advertised on the Website and any contract between you and Apatcha SUP for the sale of such products. By placing an order with Apatcha SUP on the Website, you agree to the application of these conditions of sale to your order. Every time you order products from the Website, the conditions of sale in force at that time will apply to your order, so please check these conditions of sale to ensure you understand which terms will apply at that time.
2. CONDITIONS FOR CONCLUDING A CONTRACT WITH Apatcha SUP
You may only order products via the Website if you are at least 18 years of age and you are purchasing products as a consumer (which means that you are not purchasing products in the course of your trade, business, craft or profession).
You are solely responsible for ensuring that all information provided during registration or during the ordering process is correct and complete.
3. CONCLUSION OF THE CONTRACT
You can place our products in your shopping basket on the Website without obligation and correct your entries at any time before submitting your order by using the correction help provided for this purpose during the ordering process.
When you submit an order, you should receive an email from us acknowledging that we have received your order (but please contact us if you do not receive this email). This acknowledgment of receipt does not mean that your order has been accepted. It merely serves to inform you that the order has been received by Indiana SUP.
We will confirm when your order has been accepted in a separate confirmation email. When we send this confirmation email, a contract between us under these conditions of sale for the supply of the products set out in the confirmation email will be formed.
All orders are subject to our acceptance. Indiana SUP reserves the right to reject an order without giving a reason. For technical reasons, we cannot accept orders by telephone, email, fax or post.
4. OUR PRODUCTS
If we are unable to accept your order (for example, if the products ordered are out of stock or not available at the time of the order), we will inform you of this in writing and will not charge you for the products. Payments already made will be refunded immediately.
We may make minor changes to a product to reflect changes in relevant laws and regulatory requirements. If we have to make any significant changes to any product you have ordered, we will notify you and you may choose to continue with or cancel your order in respect of the affected product(s).
The images of products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
5. LANGUAGE AND STORAGE OF THE CONTRACT
These conditions of sale and any contract between us shall be in the German language only. A copy of your contract will not necessarily be stored by us and we recommend that you keep a hard copy of the relevant conditions of sale that apply to your order for your future reference.
6. OWNERSHIP OF PRODUCTS AND SET-OFF RIGHTS
You will own the products once we have received payment in full.
If we do not perform our obligations under a contract with you, you may have a right of set-off where you have an arguable claim under that contract.
7. CHANGING YOUR ORDER
Your order will be transferred to our logistics team for processing as soon as possible. If we have started to process your order, you will not be able to cancel or change it before delivery, but you may be able to return your product(s) under these conditions of sale after you have received your product(s).
The prices are stated on the Website in Swiss Francs or Euro) inclusive of VAT (where applicable) at the relevant rate chargeable for the time being, but exclusive of delivery charges which may be payable in addition and will be shown separately during the checkout process.
We can change the prices on the Website at any time without notice, but changes will not affect orders which we have already accepted. However, if the rate of VAT changes after the date of your order, we will adjust the rate of VAT you pay unless you have already paid for your order in full before the change in VAT takes effect.
It is always possible that, despite our best efforts, some of the products listed on the Website may be incorrectly priced. We will normally check prices before we send a confirmation email, so that if we discover:
(a) a product's correct price is less than the price stated on our Website at your order date, we will charge the lower amount; and
(b) a product's correct price is higher than the price stated on our Website at your order date, we will at our discretion either reject your order and notify you of such rejection or contact you to give you the option of continuing with the order at the higher price or cancelling your order.
If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums you have paid under the contract and require the return of any products provided to you.
9. SHIPPING COSTS
Shipping is free when paid with credit card. Orders sent by mail or phone can be charged with freight costs. These costs can vary, depending on size an amount of the ordered items. Return costs have to be paid by the customers.
10. PAYMENT METHODS
All payments should be made in Swiss Francs or Euro.
We offer the following payment options: Credit card, TWINT, Postfincance, purchase on account (Business Clients only) and payment in advance. However, with every order we expressly reserve the right not to accept certain payment methods and to refer to other payment forms. Under no circumstances will we assume the costs of a payment transaction.
You will be asked to select your chosen method of payment during the order process.
10.1. CREDIT CARD
We accept Visa and MasterCard cards only. Your credit card will not be charged until your order is shipped.
TWINT is an Online direct banking transfer system. You transfer the money via common online banking. More information can be found on www.twint.ch
10.3. POST FINANCE
We accept Post Finance. The charge occurs when the products are shipped.
10.4. PURCHASE ON ACCOUNT
When buying on account, the invoices have to be paid within 30 calendar days without any discounts. Purchase on account is normally available FOR BUSINESS CLIENTS ONLY.
10.5. PAYMENT IN ADVANCE
We send you all needed information to complete your payment. After your payment is confirmed, the items will be shipped.
11. COMMUNICATIONS BETWEEN US
If you have any complaints or wish to contact us for any reason, you can contact us by telephone on +41 44 586 86 18, by email at info or by pre-paid post at email@example.com
12. PROMOTIONAL VOUCHERS
Promotional vouchers are vouchers that we issue as a part of advertising campaigns with a certain period of validity and that cannot be purchased. Promotional vouchers may be redeemable only in certain countries (and on the corresponding pages of the Website) and may be redeemable in respect a limited number of items or product categories. Promotional vouchers are only valid during a specific period and can only be redeemed once per order. Some promotional vouchers may only be redeemed once in total. Promotional vouchers cannot be combined.
Promotional vouchers can only be redeemed during the ordering process. They cannot be applied after you have completed your order and are not transferable for cash.
A promotional voucher which is used to purchase products will not be refunded or re-credited if all or some of the purchased goods are returned.
Please note that additional terms and conditions or restrictions may apply to the use of promotional vouchers. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
13. DELIVERY AND COLLECTION
Each order is either sent to a specific delivery address in the Europe of the customer's choice or delivered to a Indiana SUP stockist in Europe for collection by the customer.
Please note that dispatch dates and delivery times are estimates only and time shall not be of the essence. Delivery times are stated from the date we accept your order.
13.1. Delivery directly to you
All orders that do not include hardboards will be delivered to any address within Switzerland and Europe nominated by you by parcel delivery or shipping service; delivery cannot be made outside of the Europe. We do not deliver to parcel stations.
Delivery of your order shall be complete when we deliver the products to the address you gave us. The products will be your responsibility, and risk in the products shall pass to you, from the point that they are in your possession or the possession of a person nominated by you to take delivery.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox or a signature is required to accept delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If after a failed delivery to you, you do not re-arrange delivery or collect your products from the delivery depot where they are being held, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you. If we end your contract in these circumstances, we will refund any money you have paid in advance for the products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract (including delivery charges).
13.2. Collection at a Apatcha SUP stockist
During the ordering process, you will have the ability to choose a Apatcha stockist near you and your order will need to be collected by you in person from your chosen Apatcha Sup stockist.
You will be notified by email as soon as the order is ready for you to collect from your chosen Apatcha SUP stockist. You agree to collect your order within 14 days of receipt of the notification. Delivery of your order shall be complete when the products are handed over to you by your chosen Apatcha SUP stockist. The products will be your responsibility, and risk in the products shall pass to you, from that time.
You must present the collection notification and an official form of ID for the collection of the products.
14. CONSUMER RIGHT OF RETURN AND REFUND
Right to cancel and how to exercise it
If you are a consumer in the European Economic Area, you have the right to change your mind and cancel your contract within 14 days after you receive, or someone you nominate (excluding the shipping company or a Indiana SUP stockist) receives, the products. If the products are split into several deliveries over different days, you will have until 14 days after the date the last delivery is received by you or someone you nominate.
In order to exercise your right to cancel the contract, you must notify us within the cancellation period. The easiest way to do this is to contact us by any of the following methods:
White Wave AG
Phone: +41 44 586 86 18
You can use the sample cancellation form set out below, although this is not required.
Consequences of cancellation
If you cancel your contract, you will be responsible for returning the products to us. You must send off the products within 14 days of telling us that you wish to cancel your contract. All products must be returned to the Indiana SUP stockist that you collected the products from. The address for direct returns is:
+41 44 8++ 31 31
Cargo Care GmbH
+43 5572 890057
We will refund you the price you paid for the cancelled products plus any charges you paid for delivery of the products to you (although the maximum refund for delivery charges will be the least expensive delivery method we offer to your delivery destination). We will refund this amount by the method you used for payment, unless you agree otherwise. We will pay this refund either within: (a) 14 days after the day we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us; or (b) 14 days after you inform us of your decision to cancel the contract (if we have not started to process your order). However, please note that we may reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
This sample withdrawal form can be downloaded as a PDF file and printed.
15. FAULTY PRODUCTS AND STATUTORY WARRANTY
If you are a consumer, we are under a legal duty to supply products that are in conformity with the contract. Nothing in these conditions of sale will affect your legal rights in relation to products that are faulty or defective (which may include a right to a refund and/or a right to repair or replacement).
If you consider that any product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 11. You must return such products to us in accordance with our reasonable instructions.
16. WARRANTY FOR Apatcha SUP
For Apatcha SUP, we provide a manufacturing warranty in addition to your legal rights..
If we fail to comply with these conditions of sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we may not exclude or limit our liability under any applicable law.
18. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by any act, event, omission or accident beyond our reasonable control.
If an event outside our control takes place that affects the performance of our obligations under a contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
You may cancel a contract affected by an event outside our control if there is a risk of substantial delay. To cancel a contract under this clause 18, please contact us using the details set out in clause 11.
19. TRANSFER OF RIGHTS
We may transfer our rights and obligations under the contract to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under a contract to another person if we agree in writing.
Each contract is between you and us. No other person shall have any rights to enforce any of its terms.
20. SEVERABILITY CLAUSE
Each of the paragraphs of these conditions of sale operates separately. If any court or relevant authority decides that any of them, or any part of any of them, are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
21. APPLICABLE LAW AND JURISDICTION
Nothing in these conditions of sale shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
Each contract for the purchase of products from us and any dispute or claim arising out of or in connection with it shall be governed by Swiss law to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
The provisions of the UN Sales Convention shall not apply.
In respect of any dispute or claim relating to a contract, you and We both submit to the non-exclusive jurisdiction of the courts of Switzerland, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence.
Wädenswil, February, 2022