General terms and conditions of business (GTC) Splitboardshop.ch, of ESKO.SWISS GmbH

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

Basics, scope and scope of services

These terms and conditions regulate the legal relationship between the customers and ESKO.SWISS GmbH, as operator of the business Splitboardshop.ch in Uster (Business).

All contracts between the customer and the shop for the purchase or rental of goods and items of all kinds and accessories, which are the property of the shop (rental property), come about with the acceptance and signature of the offer and signature of these GTC by the customer. Unilateral changes or additions to the contract by the customer are ineffective.

When concluding a rental agreement, the customer is not entitled to a specific type of goods, e.g. specific models or designs. The selection of rental items is the sole decision-making authority of the business.

Rental prices and obligation to pay

The prices quoted by the shop are in Swiss francs (CHF) and include the statutory value-added tax. The rental price is to be paid directly on site at the start of the rental/collection of the rental items in the shop. Payment of the rental price can only be made in cash in Swiss Francs or with an accepted credit or debit card.

Rental period and use of the rental items

The rental of rental items lasts from the time of pick-up at the store to the agreed return date. In the case of a seasonal rental, the rental lasts until Easter Monday of the same season.

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

The customer is obliged to maintain the rental property appropriately. Small Maintenance work such as waxing, coverings, edge grinding are included in the rental price and can be done directly in the shop. Third-party costs are not covered. Larger maintenance work (major damage to the surface, damage to edges, etc.) will be charged at cost.

If the rented item is damaged, the business must be informed immediately by the customer. The shop takes care of the correction of the defect. The customers have to tolerate work that cannot be postponed. The customer does not have to carry out any service work prior to the return. These are made by the shop.

Duty of care, insurance and liability for rented items

Well-kept and functional rental items are handed over to the customers for rent. The items must be returned in the same condition in which they were handed over. Upon handover, the rented property will be professionally checked and handed over in perfect condition. Any defects will be noted on the offer.

The shop does not offer insurance for the rented items or for the customers. Customers are responsible for taking out insurance themselves (e.g. liability insurance, breakage insurance, theft insurance, accident insurance, etc.).

The customer is responsible for all damage that has arisen or been caused by the customer himself, by third parties or by other things, as well as any theft during the rental period. It is liable for the resulting costs and damages to ESKO.SWISS GmbH resp. the business in full.

reservation

Prior reservation of rental items is possible. A reservation is only valid if the customer has paid the agreed rental price to the shop and has read these GTC and expressly accepted them in writing.

If no payment is made or if the terms and conditions are not expressly accepted, 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 the customer. These circumstances lie within the customer's risk area.

Up to 4 weeks before the agreed pick-up date, the customer can inform the shop in writing 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 the shop by this date (return date). In the case of a seasonal rental, the return date is always the Tuesday after Easter Monday (Return date seasonal rental). Any return must be made during the shop's 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 condition at the start of the rental period. If the rental property is returned in a dirty condition, a cleaning fee of CHF 30.00 will be 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 takes place after the agreed return date or return date for the seasonal rental without a new agreement having been made, a late return before.

In the event of a late return, the customer will be informed in writing (SMS, e-mail) dunned free of charge and a last chance to return the rented items, as well as a new binding return date set by the business (New return date).

If the customer misses the return by the new return date, a last return date by the business in writing (SMS, email). For this, one Dunning fee of CHF 30.00 raised. The reminder fees are due and invoiced immediately upon notification.

Also done by last return date no return of the rented items, the customer will receive a Flat-rate expense fee of CHF 150.00 billed per order/rental. The expense fee is due upon delivery of the notification and will be invoiced immediately.

Under all circumstances, the customer remains obliged to return the rented items immediately and does not acquire ownership of the rented items by paying the reminder and/or expense fee.

If the rented items are not returned within 2 weeks after the invoice for the expense fee of CHF 150.00, they will be returned all rented items are fully invoiced to the customer at the current market prices.

Purchase option of the rental property

It is possible to buy the rental items from the shop. To this end, the business must receive written notification no later than one (1) week before the end of the return date / return date of the seasonal rental (Deadline purchase option). The business then creates an offer including the offered purchase price for the previously rented property.

If the purchase option is not exercised by the customer in due time, it expires.

If the rented item is not returned to the shop as agreed and the purchase option is not exercised, the customer may incur reminder and expense fees (see above: Returning rented items).

The business can 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

The customer is 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 the customer within 7 days of the return. The shop assumes no liability for damage caused to customers by third parties or other items.

The rental items made available for rent by the business are handed over in a checked and safe condition. The customer hereby confirms that the use of the rented item cannot exclude every risk of accident. Neither the shop nor ESKO.SWISS GmbH is liable for any damage or accidents when using the rented item.

The customer hereby confirms that the rental items were handed over in perfect condition when they were picked up in the shop.

Privacy General

The shop is entitled to process and store customer data for the purpose of business relations. Personal data will not be passed on to third parties.

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.

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

Place and date;

Uster,_____________________________

signature clientele

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