Allgemeine Geschäftsbedingungen (AGB) der Kahula SUP
Persons entitled to represent:
Johann Pasqualini: Owner and Managing Director
KahulaSUP offers water sports goods and services.
1. General provisions
Our following Terms and Conditions govern the contractually stipulated business relations between Kahulasup and the customers. The General Terms and Conditions are applicable in the current version. Deviating terms or conditions of the customer or any other contractual partner will not be accepted unless we expressly agree to the validity in writing. Catalogues, advertisements, price lists, online shop, website/social media and notes are non-binding and are only valid for information. Our terms and conditions of sale and delivery may be changed for the future at any time without prior notice and without the need for notification to the customer.
An order can be placed online, in writing, by e-mail, by phone or orally. Cancellation or modification of the order is considered until the order is executed. A cancellation fee of 20% of the order value can be charged to the customer.
The prices currently listed in the shop, online shop or on the website apply in Swiss francs. In addition to the ordered goods, the shipping costs will be charged. Errors are reserved and the prices we provide are not mandatory for us. If a price list is published or a change on our website, the previous price will automatically be void. For special offers we are only bound to the stated prices for the period of validity mentioned in the offer and the goods will only be issued as long as they are available to us. Our prices may be changed for the future at any time without prior notice and without the need for notification to the customer.
Our invoices for orders are payable online by credit card (Mastercard, Visa), TWINT or with cryptocurrencies. On site also cash payable. However, we reserve the right to deliver only against cash on delivery or advance payment. Prepayment statements must be paid no later than 5 working days after the invoice date. If the amount has not arrived at our site after this period has expired, your order will be cancelled. The amount cannot be paid in instalments. In addition, we are entitled to change the payment terms granted at any time if the above payment terms are not observed. If the customer does not meet his payment obligations, we are entitled to entrust third parties with the assertion of our rights. The costs incurred by us are to be borne by the customer, insofar as they are not unreasonable in the circumstances. We are entitled to charge the customer’s payments against these costs first.
2.3. Gift Cards
The gift card and the vouchers are impersonal and transferable. This card should therefore be treated as cash. KahulaSUP accepts no liability in the event of loss, theft or damage to the gift card, such cards will not be replaced. Remaining amounts will continue and cannot be paid out or credited to an account. After dissolution of the KahulaSUP (e.g. after bankruptcy) unredeemed vouchers are worthless.
The different subscribers are on the website www.kahulasup.ch published subscriptions are not transferable. In the event of illness or accident of more than eight weeks and upon prior medical certificate, we grant a pro rata credit (no cash payment) for the Kahulasup Center. The subscriptions entitle the free use of surf and SUP material (rental of materials). The material loan is available at max. 3h at a time limited. A half-day or one-day rental of the material is not possible with a subscription. When participating in courses (e.B. Monday Night SUP, SUP-Cross Training, etc.) the course costs (but not the material rental) must be paid additionally depending on the subscription. There is no right to a refund or renewal in case of bad weather or if the center is not open.
Discounts are not cumulative.
2.6. Delivery and transport
By delivery we mean the delivery of the goods to our customer at the place of delivery specified in the order form and in the order confirmation. Shipping takes about 2-7 working days. On request, a pick-up can be arranged on site.
Partial deliveries are permitted. The delivery date stated in the order confirmation is not binding and we reserve the right to deliver the goods in full after this originally stated delivery date.
All shipping costs are borne by the recipient and will be invoiced together with the delivered items.
The respective delivery costs/conditions of the respective freight company apply.
In the case of deliveries abroad, the customer assumes the additional taxes and duties and is obliged to accept the goods.
In the event of transport damage, the customer is obliged to take the necessary action upon receipt of the goods.
2.7.Damaged goods and defective deliveries
In case of defects, the customer must contact us by phone, within 2 working days after receipt of the goods. Any defects, starting with a value of CHF 100,–, must be confirmed in writing and in pictures after registration by telephone. We reserve the right to return improperly filed complaints as well as unjustified complaints to the customer. The customer bears the costs. Justified complaints can only take the form of credit memos or exchanges of goods.
The warranty rights shall be excluded for damages resulting from a misuse of the goods in question or on use contrary to the instructions for use or other communication indicated on the goods, their label or packaging. In the event of defective deliveries, the customer must inform us on the basis of the data provided in the faulty order and is obliged to justify the complaint itself. If these are recognized by us, the customer receives a replacement delivery or a supplement of the missing item at the expense of KahulaSUP. The claim made in accordance with the above conditions does not justify any delay in payment of the amounts concerned.
2.8.Retention of title
The goods remain the property of KahulaSUP until full payment of their sales price has been received.
2.9. Returns of goods
Returns of goods are only accepted in case of: – Impeccable new condition of the goods – Impeccable condition of the original packaging – No later than 10 days after delivery date – No return of expiry or reduced offers – Credits or vouchers are issued on returns. No cash payout.
3. Events, travel, events, courses, other offers of KahulaSUP
Our prices may be changed for the future at any time without prior notice and without the need for notification to the customer.
Our invoices are payable immediately online by payment credit card or by invoice within 30 days net. For major events, travel or events, an account of 30% can be paid, which must be paid at least 14 days before the event. In the case of a short-term registration, this amount will be due immediately. We reserve the right to cancel the event and withdraw from the contract if the terms are not met.
3.3.1. Withdrawal by the customer
If the customer withdraws from the contract, the following cancellation costs are incurred:
- No costs up to 30 days before the event
- Up to 7 days before the event 25%
- Up to 2 days before the event 40%
- Up to 1 day before the event 80%
- On the day of the event 100%
If the contract is amended (e.g. late arrival, fewer participants, etc.), there is no right to a refund or replacement. Basically, our courses and events take place in all weathers. The exception is weather conditions that endanger safety. (see Article 3.3.2)
3.3.2. Resignation by KahulaSUP
We reserve the right to cancel the event in case of safety-hazardous weather conditions (wind and water conditions, force majeure, etc.) or in the event of a ladder being prevented. In the event of weather-related cancellations, we comply with the recommendations of the maritime police/storm warning of the local authorities. Costs will be refunded in such cases, unless the event can be postponed to another date.
3.4.1. Participation of events/courses
Insurance (health and accident insurance, damage to personal items, etc.) is the responsibility of the participants. KahulaSUP disclaims all liability.
3.4.2. Rent of material
The participant is liable for negligent damage or improper use of the property of KahulaSUP. Repair (according to effort) or replacement costs can be invoiced to the customer. Self-inflicted rescue operations or boat return operations in the event of non-compliance are subject to a charge. For any rental, the disclaimer of The KahulaSUP must be filled in advance.
3.5 Terms and Conditions of Participation
Each participant must be in good physical and health condition. Good swimming skills are required. Falls von KahulaSUP vorgeschrieben, muss der aktuell gültige Haftungsausschluss wahrheitsgetreu ausgefüllt und unterschrieben werden. Alcoholic participants are excluded from participation. The decision of the instructor always applies. We reserve the right to exclude participants from the event if the conditions of participation are not met.
4 Force majeure
In the event of force majeure such as wars, attacks, riots, strikes, lockouts, fires, explosions, natural disasters, etc., we are temporarily relieved of our obligations.
Personal customer data are treated confidentially in accordance with data protection legislation. Only data is recorded that is necessary to process the order and to simplify the process for the customer for further orders. All confidential data (especially details when paying by credit card) are transmitted in encrypted form.
It is possible to receive information about new products, promotions or activities from mille vins via newsletter as an e-mail. This service is free of charge and can be canceled at any time.
6 Place of Jurisdiction and Applicable Law
The place of jurisdiction is Basel. Swiss law applies.
7 Further provisions
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected.