ESKO.SWISS GmbH, www.splitboardshop.ch

Terms and Conditions (GTC)

Click here for the PDF version. When picking up the board, please bring the signed terms and conditions with you. 

Scope of the GTC

The general terms and conditions (GTC) apply to all legal transactions that take place via the online shops, retail stores or brands of ESKO.SWISS GmbH in writing, by telephone or digitally. By placing an order, an order or a reservation, you are deemed to have accepted these General Terms and Conditions.

Deliveries and sales of goods or services are made exclusively to addresses in Switzerland or Lichtenstein. Deliveries and sales in the European Union, i.e. in the European Economic Area (EEA) can only be commissioned with the approval of the management of ESKO.SWISS GmbH. Goods and services in non-household quantities can be rejected without justification.

ESKO.SWISS GmbH reserves the right to change these GTC at any time. In the event of a change, the General Terms and Conditions applicable on the day of the order shall apply to each order.

information

The online shop www.splitboardshop.ch is operated by:

ESKO.SWISS GmbH
Industriestrasse 5
8610 Uster
Switzerland
Phone:  +41 (0)44 942 44 0
Mobile:  +41 (0)75 401 80 00
Mail:   info@splitboardshop.ch

For an order at www.splitboardshop.ch you have the following options:

• Order via online shop:

  By presenting the goods and services in the online shop www.splitboardshop.ch Simply place the desired items in the shopping cart with a click. By clicking "Send order" in the last step of the ordering process, you place a binding order for the goods in the shopping cart. As soon as we have received your order, you will receive an automatic confirmation email with the order confirmation email. This acknowledgment of receipt does not constitute a binding purchase contract, it merely documents that your order has been received by ESKO.SWSS GmbH. A sales contract is only concluded with the dispatch of the goods.

• Order by phone:

  You can reach our customer service at: +41 (0)44 942 44 00 or +41 (0)75 401 80 00. Your order will be accepted by customer service and, if you wish, confirmed by e-mail, telephone or post. A sales contract is only concluded with the dispatch of the goods.

• Order by mail:

  Please use our order card and send it to the following address Address: Splitboardshop.ch c/o ESKO.SWISS GmbH, Industriestrasse 5, 8610 Uster. A sales contract is only concluded with the dispatch of the goods.

• Order by email:

  If you want to order by email, send your order to: info@splitboardshop.ch. Please do not forget to include your sender address and the necessary article information such as brand, model, size, color etc. A sales contract is only concluded with the dispatch of the goods.

• Order via WhatsApp:

  If you want to order via WhatsApp, send your order to the number +41 (0)75 401 80 00. Please do not forget to include your sender address and the necessary article information such as brand, model, size, color etc. A sales contract is only concluded with the dispatch of the goods.

• Order, buy in showroom, shop:

  The easiest way is to come to our showrooms or shops of ESKO.SWISS GmbH to order goods or to buy them directly. The purchase contract is concluded with the payment of the goods. ESKO.SWISS GmbH accepts the following means of payment: See terms of payment.

 

conclusion of contract

An order that is binding for you and a purchase is only made when you have entered all the data required for the execution of the contract, confirmed that you have read and accepted these General Terms and Conditions and clicked on the “Send order” button. The order is only deemed to have been accepted once the invoice has been issued by ESKO.SWISS GmbH.

Silence does not count as acceptance of an order.

ESKO.SWISS GmbH reserves the right to reject an order unilaterally and without justification. The decision on this is at the discretion of ESKO.SWISS GmbH. If an order is not executed, you will be informed immediately by e-mail if specified, telephone if specified, WhatsApp if specified or by post if address specified.

Prices

All prices of ESKO.SWISS GmbH are in Swiss francs and include the statutory VAT (as of January 1st, 2023: 7.7%). The effective shipping costs are displayed in the shopping cart before completing the order. ESKO.SWISS GmbH reserves the right to adjust the prices stated online, the prices of the brands of ESKO.SWISS GmbH and in the stores or showrooms of ESKO.SWISS GmbH at any time and without prior notice and without further explanation. The minimum order value in the online shops of ESKO.SWISS GmbH is CHF 50.00.

shipping and handling costs

ESKO.SWISS GmbH delivers your ordered items directly to your home with Swiss Post or a courier (DHL, FedEx, UPS, DPD etc.). The delivery period in Switzerland is usually 5-7 working days, unless otherwise stated for the product in question. This information is without guarantee.

After the goods have been handed over to the post office, ESKO.SWISS GmbH is no longer liable, which means that ESKO.SWISS GMBH does not bear the transport risk. We will charge you a shipping fee for postage and packaging. Shipping costs are not included in the price of the goods. Shipping costs are calculated based on the current Swiss Post prices. Articles for which additional costs are incurred for transport are marked accordingly.

If, for technical or logistical reasons, a delivery is made in several shipments, we will calculate the shipping costs for each shipment.

Large goods are delivered by carrier to the curb of your delivery address. Installation and transport to the delivery address are not included in the price.

For certain items we offer you the possibility of a chargeable assembly fee. ESKO.SWISS GmbH reserves the right to adjust the transport costs stated online, the additional costs for transport at any time and without prior notice and without further explanation.

terms of payment

The goods are paid for either by debit card, cash, accepted credit card, Paypal, Google Pay, Apple Pay, Twint or on account. Installment payments are only possible with the approval of the management, with an installment plan.

When purchasing on account with a QR payment slip, please only use our pre-printed QR payment slip and pay the invoice within 10 days. The payment period of 10 days begins with the invoicing.

If you are in arrears with any payment obligations, all existing claims are due immediately.

ESKO.SWISS GmbH reserves the right to check your creditworthiness and, in individual cases, only supply you against prepayment or credit card payment. ESKO.SWISS GmbH retains ownership of the purchased item until the invoice amount has been paid in full. The corresponding security rights are transferable to third parties.

late payment

In the event of a delay in payment, ESKO.SWISS GmbH reserves the right, even without a prior reminder, to charge default interest of 5% pa as well as reminder fees for the additional expenditure of CHF 30.00 for each reminder and to forward or assign the claim to a collection agency. The resulting additional costs will be passed on to you.

Delivery

The ordered goods will be delivered to the delivery address specified by you. ESKO.SWISS GmbH delivers its products while stocks last and only within Switzerland and Liechtenstein. If one or more of the goods you have ordered are already sold out at the time you place your order, your order cannot be accepted. You will be informed of this immediately by ESKO.SWISS GmbH by e-mail, SMS or telephone.

ESKO.SWISS GmbH attaches great importance to keeping availability and delivery times in the online shop, in the showroom or in the shop up to date. However, due to production bottlenecks or delivery bottlenecks, lack of raw materials or pandemics (e.g. Covid), there may be delays in delivery both at ESKO.SWISS GmbH itself and at its suppliers, sub-suppliers and suppliers. All information on availability and delivery time is therefore without guarantee and can change at any time.

Claims for damages due to any errors in the illustrations or in the prices and texts cannot be asserted. In the contract documents, ESKO.SWISS GmbH states the expected performance periods and performance dates without obligation. If unforeseeable circumstances or circumstances that are independent of the will of the parties, such as cases of force majeure, occur which prevent compliance with the expected performance periods and dates, these will be extended or extended by the duration of these circumstances; these include

in particular strikes, lockouts, official orders, pandemics, epidemics (e.g. Covid-19), armed conflicts and official interventions, bans or transport delays triggered as a result. These aforementioned circumstances

also entitle ESKO.SWISS GmbH to extend or extend the performance periods and performance dates if they occur at suppliers, their sub-suppliers or sub-suppliers of both.

If the effect of these aforementioned circumstances lasts longer than 60 days, you are entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled; You are not entitled to claims for damages unless the delay is due to at least gross negligence on the part of ESKO.SWISS GmbH.

complaints

ESKO.SWISS GmbH, with all its brands, shops and online shops, attaches great importance to providing you with flawless delivery of the goods. Nevertheless, it can unfortunately happen that something gets damaged in transit. After receiving the delivery, please check the condition and completeness of the goods and let us know of any complaints promptly but no later than three days after delivery of the delivery by email, telephone, WhatsApp. The contact details of ESKO.SWISS GmbH can be found above in these General Terms and Conditions. It is very important to notify ESKO.SWISS GmbH in writing no later than three days after the occurrence of the damage caused by the transport to the delivery address, so that ESKO.SWISS GmbH can contact the post office, the couriers or freight forwarders can submit a complaint. If the complaint is made later than these three days after acceptance by you, any claim for damages on your part expires. In any case, you must enclose a copy of the purchase receipt, invoice, consignment number, if courier or forwarding agent name of this person, photo close-up, photo left, photo right, photo from above and photo from below with the complaint so that ESKO.SWISS GmbH can claim compensation from the above-mentioned company can assert.

replacement delivery

If an ordered item is no longer available, we try to meet the customer's request with an item that is as similar as possible (in terms of quality and price). In the event that you generally do not want any replacement deliveries, you can contact our customer service by email, telephone, WhatsApp or post. The contact details of ESKO.SWISS GmbH can be found above in these General Terms and Conditions.

retention of title

The goods remain the property of ESKO.SWISS GmbH until full payment has been made.

Exchange and right of return

You have ten days after receipt of the goods to return the items that you do not like to us in perfect new condition and in the original packaging via Swiss Post. The postmark is decisive. Return shipping costs are your responsibility and will not be refunded.

You can also hand in the items that you do not like in perfect new condition and in the original packaging personally to our showrooms or shops of ESKO.SWISS GmbH, easily and free of charge.

Excluded from this right of exchange or return are hygiene items, mattresses, toppers, 3D mesh, personalized items, items that have already been put into operation, items you have used, items declared as sale items, bottles, canisters or similar items.

ESKO.SWISS GmbH reserves the right, in the interest of the customer, to refuse a return unilaterally and without justification. The decision on this is at the discretion of ESKO.SWIS GmbH.

Please use the return slip with our address label for your return. As soon as your return has been processed, we will send you a new, corrected invoice with a payment slip.

Image rights and text rights

All image rights and text rights, including these terms and conditions, data protection guidelines in the online shops, showrooms and shops of ESKO.SWISS GmbH are owned by ESKO.SWISS GmbH or its partners, suppliers, subcontractors and suppliers. Use without the express consent of ESKO.SWISS GmbH is not permitted and is seen by ESKO.SWISS GmbH as theft of intellectual property. ESKO.SWISS GmbH will take criminal action against this in any case.

guarantee

The guarantee for goods corresponds to customary Swiss law and is 24 months, unless a longer or shorter guarantee period is expressly stated for the goods. Defective goods must be reported to ESKO.SWISS GmbH in writing immediately after the damage has occurred, otherwise the guarantee claim will lapse. In any case, you must enclose a copy of the purchase receipt, invoice and photos (photo close-up, photo left, photo right, photo from above and photo from below) with the complaint so that ESKO.SWISS GmbH can submit an application to its suppliers, their sub-suppliers and suppliers can put on guarantee. ESKO.SWISS GmbH tries to the best of its knowledge and belief to assert a guarantee claim for you from the suppliers, their sub-suppliers and suppliers.

Enclosing the purchase receipt is extremely important and without a purchase receipt from you, ESKO.SWISS GmbH reserves the right not to assert any warranty claims for the goods from the suppliers, their sub-suppliers and suppliers.

The guarantee claim is valid from the date of delivery. The warranty claim expires in the event of improper handling, improper use or natural wear and tear. ESKO.SWISS GmbH reserves the right to decide individually on the type of replacement in the event of a warranty.

Place of performance / place of jurisdiction

The place of performance for all obligations arising from the contract with you is at the registered office of ESKO.SWISS GmbH.

The contract between ESKO.SWISS GmbH and you is subject to substantive Swiss law, to the exclusion of conflict of law rules.

The courts in Uster, Canton Zurich are exclusively responsible for all disputes arising from this contract. All contractual agreements and additional agreements and these General Terms and Conditions are exclusively subject to Swiss substantive law.

 

General terms and conditions for rental goods from ESKO.SWISS GmbH

Basics, scope and scope of services

These detailed terms and conditions for rental goods regulate the legal relationship between you and ESKO.SWISS GmbH with its brands, online shops, shops and showrooms.

All contracts between you and ESKO.SWISS GmbH for the purchase or rental of goods and items of all kinds and accessories that are the property of ESKO.SWISS GmbH (rented items) come into effect with the acceptance and signing of the offer, order or reservation and signing of these terms and conditions by you. Unilateral changes or additions to the contract by you are invalid.

When you conclude a rental agreement, you are not entitled to a specific type of goods, for example specific models or designs. The selection of rental items is the sole decision-making authority of ESKO.SWISS GmbH.

Rental prices and obligation to pay

The prices quoted by ESKO.SWISS GmbH are in Swiss francs (CHF) and include the statutory value-added tax

(as of 01/01/2023 7.7%).

The rental price is to be paid directly on site at the beginning of the rental period, collection of the rental items in the showroom, shop or collection station. Payment of the rental price can only be made in cash in Swiss Francs or with an accepted debit card, credit card or Twint. See payment terms in these terms and conditions.

Rental period and use of the rental items

The rental of rental items lasts from the time of collection in the showroom or retail shop to the agreed return date. In the case of a seasonal rental, the rental lasts until Easter Monday of the same season for winter sports items and October 15th for summer sports items or goods of any kind.

Upon conclusion of a rental contract, the customer acquires the right to the usual and careful use of the rented items. Subletting or any transfer to third parties, whether free of charge or not, is prohibited in any case.

Maintenance, cleaning of the rented property

You are obliged to maintain the rental property appropriately.

Minor maintenance work is included in the rental price (winter sports items: such as waxing, edge grinding; summer sports items, goods: minor maintenance work such as impregnation and so on) and can be done directly in the shop.

Third-party costs are not covered.

Larger maintenance work (winter sports items: large surface damage, edge damage and so on; summer sports items: additional final cleaning, repairs of any kind, hidden defects and so on) will be charged at cost.

If the rented item is damaged, you must inform ESKO.SWISS GmbH immediately. You can reach our customer service via telephone: +41 (0)44 942 44 00, by email info@splitboardshop.ch or via WhatsApp +41(0)75 401 80 00. Defective goods must be reported to ESKO.SWISS GmbH in writing immediately after the damage has occurred, otherwise the guarantee claim will lapse. In any case, you must enclose a copy of the purchase receipt, invoice and photos (photo close-up, photo left, photo right, photo from above and photo from below) from ESKO.SWISS GmbH.

ESKO.SWISS GmbH will ensure that the defects are rectified.

You have to tolerate work that cannot be postponed. You do not have to carry out any service work before returning it. These are made by the shop.

Duty of care, insurance and liability for rented items

You will be given well-kept and functional rental items for rent. The items are to be returned in the same condition in which they were handed over to you. Upon handover, the rented property will be professionally checked and handed over in perfect condition. Any defects are recorded on the offer or the rental document.

ESKO.SWISS GmbH does not offer you insurance for the rented items. You are responsible for taking out insurance yourself (e.g. liability insurance, breakage insurance, theft insurance, accident insurance, and so on).

You are responsible for all damage caused or caused by yourself, third parties or other things, as well as any theft during the rental period. You are fully liable for the resulting costs and damage to the owner, ESKO.SWISS GmbH.

reservation

Prior reservation of rental items is possible. A reservation is only valid if you have paid the agreed rental price to ESKO.SWISS GmbH and have read these General Terms and Conditions and expressly accepted them in writing.

If no payment is made or if the terms and conditions are not expressly accepted in writing, no rental items will be reserved.

A reservation remains and the rental price already paid will not be refunded, even if external circumstances such as weather conditions or other official instructions make it impossible to rent on the agreed date or do not make sense for you. These circumstances are in your area of risk and not in ESKO.SWISS GmbH.

You can inform ESKO.SWISS GmbH in writing up to four weeks before the agreed collection date that the start of the rental period has to be postponed. There is no entitlement to reimbursement of the rental price paid, but a new date for picking up the rental items will be agreed. The business cannot guarantee that suitable rental items will be available for the new desired rental start date.

return of the rental property

A binding return date will be agreed upon when the rented item is picked up. The rented item must be returned to ESKO.SWISS GmbH by this date (return date, time). In the case of a seasonal rental, the latest return date is always the Tuesday after Easter Monday (return date for seasonal rental winter sports items) or for summer sports items, goods is October 15th. Any return must be made during ESKO.SWISS GmbH opening hours and outside of company holidays.

The rented items are returned in good and clean condition, taking into account the wear and tear or changes resulting from the contractual use and the impeccable condition at the start of the rental period. If the rented item is returned in a dirty condition, a cleaning fee of at least CHF 30.00 per unit will be charged for winter sports items. A cleaning fee of at least CHF 30.00 per unit is charged for summer sports items and for larger goods (e.g. roof tent) a cleaning fee of at least CHF 100.00 and time spent per 30 minutes a CHF. 60.00 charged.

By mutual agreement, a new return date can be agreed later. A new contract is to be concluded, to which these General Terms and Conditions apply.

Late return of rental items

If the return is made after the agreed return date and time or return date of the seasonal rental without a new agreement having been made, this constitutes a late return.

In the event of a late return, you will be reminded in writing (SMS, e-mail) free of charge and given one last opportunity to return the rental items, as well as a new binding return date set by ESKO.SWISS GmbH (new return date).

If you also miss the return on the new return date, ESKO.SWISS GmbH will set a final return date in writing (SMS, e-mail). A reminder fee of CHF 30.00 will be charged for the additional work. The reminder fees are due and invoiced immediately upon notification.

If the rental items are not returned by the last return date, the customer will be charged a flat-rate expense fee of CHF 150.00 per order/rental. The expense fee is due immediately upon delivery of the notification and will be invoiced immediately.

Under all circumstances, you remain obliged to return the rental items immediately and do not acquire ownership of the rental items by paying the reminder fee and/or expense fee.

If the rental items are not returned within 2 weeks after the CHF 150.00 fee has been invoiced, you will be billed in full for all rental items at the current market prices. The expense fee for the additional expense of the reminders will not be deducted from the purchase price and are still due.

Purchase option of the rental property

It is possible to buy rental items from ESKO.SWISS GmbH. To this end, ESKO.SWISS GmbH must receive written notification no later than one week before the end of the return date / return date of the seasonal rental (deadline for purchase option). The business then creates an offer including the offered purchase price for the previously rented property.

If you do not exercise the purchase option in a timely manner, it will expire.

If the rental item is not returned to ESKO.SWISS GmbH as agreed and the purchase option is not exercised, you may incur reminder fees and expenses (see above: Returning rental items).

offer customers another purchase option when the purchase option period expires, so that the rental items can continue to be purchased. If reminder or expense fees have already been incurred at this point in time, this sum is generally owed in addition to the offered purchase price for the purchase of the rented items and is not offset against the offered purchase price.

Early return of rental items

The rental items can be returned to the shop at any time before the agreed return date / seasonal rental return date. Early return does not entitle to a (partial) refund of the paid rental price. If a seasonal rental is returned early, there is no right to receive the rental items again in the same season.

Exclusion of liability for rental items

You are fully liable for any damage that occurs to the rental items and their accessories during the rental period. Hidden defects and damage can be legally asserted against you by ESKO.SWISS GmbH within seven days of the return. ESKO.SWISS GmbH assumes no liability for damage caused to you by third parties or other things.

The rental goods which are made available for rent by ESKO.SWISS GmbH are handed over in a checked, safe and perfect condition.

You hereby confirm that the use of the rented item cannot exclude every risk of accident. ESKO.SWISS GmbH with all brands, showrooms, shops and online shops is not liable for any damage or accidents when using the rental property.

You hereby confirm that the rental items were handed over in perfect, impeccable condition when collected from the shops, showrooms and collection stations of ESKO.SWISS GmbH and its partners.

Privacy General

ESKO.SWISS GmbH is entitled to process and store data about you for the purpose of business relationships. Personal data will not be passed on to third parties. See also data protection declaration of ESKO.SWISS GmbH

Jurisdiction and Applicable Law

The courts in Uster, Canton Zurich are exclusively responsible for all disputes arising from this contract. Swiss substantive law applies exclusively to all contractual and additional agreements and these General Terms and Conditions.

The undersigned confirms with their signature that they have read and understood the General Terms and Conditions of ESKO.SWISS GmbH and thus confirms with their signature that they accept these General Terms and Conditions of ESKO.SWISS GmbH.

Click here for the PDF version. When picking up the board, please bring the signed terms and conditions with you. 

Location: _________________________________

Date: _________________________________

First name and last name: ___________________________________________________

(IN BLOCK LETTERS)

Signature: __________________________________