Terms & Conditions.
These General Terms and Conditions (hereinafter the "Terms and Conditions") are applicable to all services offered by the Company "FLY 4 ALL SA" (hereinafter: the "Company"), a company having its registered office at Route de Bière 7, 1189 Saubraz, Canton of Vaud, Switzerland
The Company designs and markets to private individuals and to businesses, water sports articles and their accessories, including kite-surfing boards, windsurfing boards and foils (the "Equipment"). The Company also operates the "Taaroa" brand and the website www.Taaroa-hydrofoil.com (hereinafter the "Website"). In addition, the Company offers repair and maintenance services for the Equipment.
The activities listed above represent the Company’s services (the "Services").
These Terms and Conditions apply to all Services offered by the Company to any person accessing, consulting or using the Services offered by the Company (hereinafter: the "Customer").
By accessing and using the Company’s Website, in particular by purchasing the Equipment offered there, the Customer acknowledges being bound by these Terms and Conditions, which he declares having read and understood.
The Terms and Conditions may be modified from time to time. It is the Customer's responsibility to consult them regularly in order to be informed of any modification.
The Terms and Conditions applicable at the time of the conclusion of the contract by the Customer shall apply, unless the Customer has expressly accepted another version of the Terms and Conditions in writing.
2. Conclusion of the Contract
The conclusion of the contract takes place at the time of acceptance by the Customer of the offer from the Company in relation to the purchase of the Equipment and/or the Services of the Company.
In all cases, the contract is concluded as soon as the Customer accepts the Services offered by the Company, including when it orders Equipment on the Company’s Website or on any other platform, or when it purchases its Equipment directly from a store.
The price applicable to the sale of any Equipment by the Company is the price indicated on the Website or, in the case of a purchase outside the Website, on the Company’s price list, at the time of purchase.
Unless otherwise agreed, all prices are quoted in Euros (EUR). The Company reserves the right to indicate prices in other currencies depending on the countries in which its Equipment will be available for purchases.
All prices quoted include additional amounts for value added tax (VAT), where applicable. The applicable VAT rate is determined on a country by country basis.
The prices shown do not include transport costs and packing, which will be charged in addition.
The prices displayed do not include any additional taxes or customs duties applicable in certain jurisdictions.
The Company reserves the right to modify its prices at any time.
The Company offers the Customer the following payment methods: Credit Card, PayPal, Prepayment, Bank Transfer.
The sale price shall be paid in full by the Customer upon conclusion of the contract. The Company will send the ordered Equipment when the sale price has been paid in full.
In certain exceptional cases, the Company may, at its sole discretion, issue an invoice to the Customer and send the Equipment ordered before the sale price has been paid in full. In this case, if the invoice is not paid within 30 (thirty) days from the date of issue of the invoice, the Customer will be sent a reminder. If the invoice is not paid in full within the additional period then set, default interest in the amount of 5% (five percent) of the sales price shall apply.
If the Company offers Equipment for sale, rental or for any other use through an Internet platform, it reserves the right to require payment to be made electronically as part of the order process (credit card, Paypal or other electronic payment forms).
The Customer may not offset any possible claim he may have against the Company with the price amount owed to the Company.
The Company reserves the right to withhold delivery or performance in the event of non-payment or partial payment.
The Services offered by the Company are mainly intended for adults or legal entities. If a minor wishes to purchase one or more Equipment on the Company’s Website, he or she is invited to obtain the agreement of his or her parents or legal guardians.
6. Company Obligations
Services include the sale of Equipment by the Company.
The Company will deliver the Equipment purchased by the Customer to the address chosen by the Customer within the limits of available inventory and any other applicable restrictions.
The delivery method and the service provider in charge of making the delivery will be chosen by the Company and may change from time to time.
Delivery will be made within 30 (thirty) working days if the delivery address is in Switzerland. Longer delivery delays may apply to international sales.
If the originally agreed delivery date cannot be met, the Customer will be informed of the new delivery date or of the availability of the Equipment within 4 (four) working days of the order. The Company will endeavor to offer an alternative acceptable to the Customer. If no proposal is accepted by the Customer, the Customer may cancel the order without charge.
If the Company, its suppliers or mandated third parties are unable to perform within the agreed time limit due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche, bad weather, thunderstorm, storm, war, political or social unrest, of civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors, then the Company shall be released from the obligation to perform its obligations during these events of force majeure as well as during an appropriate period of time following the end of such events. If the event of force majeure lasts more than 30 (thirty) days, the Company is released from its obligation to deliver and the order is cancelled. In this case, the Company shall reimburse in full the amounts already paid by the Customer for the cancelled order.
Further claims, in particular claims for damages, are excluded when an event of force majeure occurs.
Unless mandatory legal provisions to the contrary exist, the place of performance of the contract between the Company and the Customer shall be the place of the Company's registered office.
The Company’s obligation to deliver shall be deemed to have been fulfilled and the risk of loss of or damage to the Equipment shall pass to the Customer as soon as the Equipment is handed over to the carrier selected by the Company.
Unless otherwise agreed, the Company fulfills its obligations by providing the agreed services.
If there is no mandatory legal provision to the contrary, the place of performance shall be at the registered office of the Company.
The Company expressly reserves the right to hire auxiliaries or subcontractors (the "Subcontractors") to perform its contractual obligations.
7. Customer Obligations
The Customer shall, as soon as possible, take any and all measures necessary for the Company to provide its Services. The Customer shall take all such measures at the place, time and in the manner agreed with the Company. Depending on the circumstances, the Customer will also be required to provide all information and documents necessary for the Company to perform under the contract between the Company and the Customer.
The Customer undertakes to comply with the Company’s User Guide whenever using or handling Equipment purchased from the Company on the Website or by any other means.
8.1 The Customer may exchange any Equipment for any reason whatsoever within 30 (thirty) days of receipt of his order. Transportation costs related to this exchange will be the exclusive responsibility of the Customer. If the price of the new Equipment is higher than the price of the Equipment initially received, the price difference will be charged to the Customer and shall be paid before the exchange can be finalized. If the price of the new Equipment is lower than the price of the Equipment initially received, the Company will refund the difference within a reasonable period of time.
8.2 If the Customer receives an incomplete, erroneous or defective order, he has a period of 3 (three) days from receipt of his order to notify the Company. Transport costs related to an exchange due to an incomplete, erroneous or defective order will be covered by the Company.
8.3 To be eligible for an exchange, the Equipment shall be returned in its original packaging to the address specified below and shall show no signs of wear. Replacement Equipment will be sent only after confirmation by the Company of receipt of the Equipment to be exchanged under the conditions provided for herein.
Return address: depends on the Customer location
8.4 An exchange is only possible when the Equipment has not been specially made for the Customer according to specific requests.
8.5 For any question or additional information relating to exchanges, Customers can send an e-mail to the following e-mail address: [email protected]
The provisions of Swiss law concerning the applicable legal warranty shall apply.
The aforementioned warranty is valid for a period of 2 (two) years, or 10 (ten) years for titanium fuselages.
Any defect shall be reported to the Company within 3 (three) working days upon receipt or discovery. The Company will then decide whether the defective Equipment shall be repaired or replaced. The Customer has a claim for a discount or reimbursement of the purchase price only if the replacement or repair of the Equipment is not available. The Customer may not request a replacement Equipment during the repair period. The warranty period shall start anew with regard to the repaired item and shall continue to run from the original warranty period with regard to other items. The warranty excludes normal tear and wear due to the use of the Equipment, or any defect resulting from an action that does not comply with our User manual guidelines.
The company guarantees to perform the agreed services according to the usual industry standards.
The Company agrees to no other express or implied warranty.
10.1. Any liability for indirect or consequential damage is excluded.
10.2. Direct damages are limited to the sales price of the Equipment or the contractually agreed price for Services. This limitation of liability shall not apply in the event of gross negligence, intentional or willful misconduct on the part of the Company.
10.3. The Customer shall immediately inform the Company of any damage suffered by the Customer or any third party in connection with the Services, including the use of any Equipment sold by the Company.
10.4. The Customer shall indemnify and hold the Company and its agents, directors, employees or subsidiaries harmless against all costs, losses, damages, liabilities and expenses incurred in defending any action or proceeding brought by a third party based on the Customer's use of the Services in violation of these Terms and Conditions.
10.5. The Company may use distributors or agents in connection with the Services it offers to the Customer. In the event of any claim, damage or dispute relating to the Subcontractor's performance, the Customer shall, to the extent permitted by law, direct any claim, complaint or demand directly against the Subcontractor.
11. Intellectual Property
The Company owns all the intellectual property rights to the Equipment and Services it offers.
Neither these Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless expressly provided for.
In addition, any reuse, publication or dissemination of information, images, texts or any other elements to which the Customer has access in relation to the Equipment and Services is prohibited, unless expressly authorized by the Company or if such reuse, publication or dissemination is carried out exclusively for personal, non-commercial purposes.
The Customer guarantees that it does not violate any intellectual property rights of third parties when using content, images, texts or figurative elements in relation to the Company.
12. Data Protection
The protection of the Customer’s personal data by the Company is covered by the Company’s Data Protection Notice, available on the Company's Website and regularly updated.
13. Third Party Sites
The Company’s Website may contain links to websites controlled by third parties (the "Third Party Sites"). The Company is not responsible for and does not endorse or accept any responsibility for the accessibility, content, products or services or any use of such Third Party Sites or any site accessible through such Third Party Sites. The Company does not guarantee the content or quality of products or services offered on such Third Party Sites.
14. Entire Agreement
These Terms and Conditions supersede any prior agreements between the Company and a Customer. Only the provisions provided for in individual contracts which specify these Terms and Conditions take precedence over them.
15. Severability Clause
The validity of these Terms and Conditions shall not be affected if any of its provisions or any of its annexes is or should be declared null and void. In this case, the invalid or void provision will be replaced by a valid provision that meets the purpose of the invalid or void provision. The same shall apply in the event of a possible contractual loophole.
The Customer undertakes to keep secret all confidential commercial information that is exchanged or acquired within the framework of the Services performed. The obligation of confidentiality continues even after the end of the Contract.
17. Specific Provisions
The purchase of adequate insurance policies is the responsibility of each party. It is advisable to take out private civil liability insurance as well as an accident coverage.
18. Choice of Law and Forum
These Terms and Conditions are subject to Swiss law.
In the event of a dispute, the Company and the Customer shall endeavor to reach an amicable agreement before initiating legal proceedings.
The courts located at the place of the Company’s registered office shall be competent to settle any dispute between the parties, unless mandatory legal provisions to the contrary exist.
The Company shall be free to bring legal actions at the place of the defendant’s headquarters or domicile.
The accepted Terms and Conditions constitute an acknowledgement of debt within the meaning of Article 82 of the Federal Debt Enforcement and Bankruptcy Act (DEBA).
The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.
For any questions or requests for information, the Customer may send an e-mail to the following e-mail address: [email protected]
We will be happy to answer!