The following terms and conditions of GSL GESTION SPORTIVE LEYSIN S.A, Route des Centres Sportifs 4, 1854 Leysin, email: info-gsl@leysin.ch are only valid for online orders.
Only this version of our GTC is valid at the time the order is placed. Agreements may differ from these conditions, if the status of the buyer is a reseller or distributor. However, they must be formulated and confirmed in writing by the Leysin Sports Centers to be taken into account.
CONTRACT
The language of the contract is French, the place of jurisdiction of RDI is Lausanne, Switzerland.
The applicable law is Swiss law, in particular the Swiss Code of Obligations.
The presentation of our products on our store is an interactive online catalog. les Centres Sportifs de Leysin reserves the right to modify or update the content.
By clicking on the « ORDER » button, the buyer commits to the purchase of the goods in his shopping cart. The purchase contract shall only be deemed to have been concluded after our order confirmation or by delivery of the goods. An order can also be placed by telephone, fax or in writing.
The seller, hereinafter Les Centres Sportifs de Leysin, reserves ownership of the goods until full payment of all claims due. As long as the purchase price is not paid in full, the buyer must :
– treat goods with care
– to guarantee access to third parties (especially in the event of seizure)
– to report any damage or destruction without delay
– any change of ownership of the goods and any change of location.
The purchaser is entitled to resell the goods subject to retention of title in the course of his regular business activities until further notice. In return, he hereby assigns all claims from the resale or other legal grounds against his own customers or third parties up to the amount of the invoice.
The seller accepts the transfer. After this, the buyer is authorized to collect the receivables. The seller reserves the right to collect the payment itself if the buyer does not meet his payment obligations in due form, in particular if he does not pay on time or has suspended payments.
SELLER’S RIGHT OF TERMINATION
In the event of a breach of contractual obligations by the customer, in particular in the event of late payment or a breach of the obligations listed in the above point, the Leysin Sports Centres shall be entitled to withdraw from the contract and to demand the return of the goods.
CONSUMER WITHDRAWAL RIGHTS
Consumer means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity.
Distributors or resellers, not having the quality of consumers, cannot exercise the same prerogatives as the latter.
You can cancel your online order free of charge, without having to give a reason, up to two weeks (14 days) after receipt of the goods by yourself or a third party designated by you.
In this case, you must notify your cancellation only in writing (e-mail, fax, post) with signature. All goods must be returned to us in perfect condition, in their original packaging, in accordance with the withdrawal period, to:
GSL GESTION SPORTIVE LEYSIN S.A.
Route des Centres Sportifs 4
1854 Leysin
Telephone: +41 (0)24 493 22 70
Email: info-gsl@leysin.ch
1) If the goods are not returned to us in full, or if they are damaged by improper use beyond the scope of a simple examination of their characteristics and functionality, or if they are returned to us (see point 2), we shall be entitled to claim compensation in the amount of the damage. You have 30 days in this case to make the payment from the notification of your cancellation and its receipt by our services.
2) You are responsible for the return shipment and you agree to pay for all expenses in case the goods are damaged or lost. In this case, point 1 applies.
For the products which cannot be sent back by your own care by the post office, those will be taken on the spot in agreement with you.
3) Exclusion of the right of revocation
Exception made to the right of revocation if the product has been the result of a special order or customization (engraving for example), in which case it can neither be returned nor exchanged.
FEES, SHIPPING AND TAXES
The indicated price is binding. It includes the value of the product, the packaging and the shipping, as well as the VAT in force for Swiss consumers. The customs clearance fees, as well as the customs fees and national VAT of the place of delivery will be collected by the customs services of your country.
The customer does not incur any additional costs for the use of remote payment methods.
The latter will be charged for postage, packaging and shipping costs. The customer must pay the purchase price. The invoice is due immediately.
The customer will be charged an administration fee of CHF 50.00 for each rejection of a direct debit.
Each open debt will be immediately forwarded to a debt collection company.
DELIVERY
Les Centres Sportifs de Leysin only delivers the order to the address mentioned by the customer if the invoice has been honored or if the payment has been made by credit card.
In the case of products created only on order or personalized these can be neither returned nor exchanged.
Les Centres Sportifs de Leysin undertakes to deliver as soon as possible (4 weeks at the most from the date of the order) or to respect the delivery date agreed with the customer in the event of non-availability of the product or in the event of personalization of this one.
In the event of an impediment not attributable to Les Centres Sportifs de Leysin (strikes, administrative orders, customs, problems and breakdowns at our carriers and third parties or other acts of violence….), the delivery period will be extended for the duration of the impediment, without this leading to a just cause for termination of the present contract. The seller therefore undertakes to give notice of the delay and its foreseeable duration. If the hindrance continues beyond 8 weeks after the agreed delivery date, either party is free to cancel this contract.
Les Centres Sportifs de Leysin reserves the right to partially deliver the order, after informing the customer, in the interests of the customer and ourselves. Of course, the expenses due to an additional shipment would be charged to the Sports Centers of Leysin.
If the product is out of stock, we make a point of informing the customer as soon as possible and informing him of the necessary waiting time before delivery. The customer is then free to maintain his order, to make a pre-booking or to cancel it.
In case of pre-booking, only half of the amount will be required. It will remain due in case of cancellation if the products have been personalized or created on order. However, before delivery, full payment must be made.
TRANSFER OF RISK
If the customer is a businessman, the risk of loss or deterioration of the product is transferred to him upon delivery, in the case of remote purchase, upon delivery of the goods to the shipper, the carrier, the person or institution in charge of carrying out the shipment for the customer.
The transfer of risk takes place even if the contractor is in default of acceptance of the sold item.
Delivery to consumers :
All risk of loss or damage to the goods passes to the consumer at the time the consumer or a third party designated by the consumer, other than the carrier offered by us, takes physical possession of the goods.
When the consumer entrusts the delivery of the goods to a carrier other than the one proposed by us, the risk of loss or damage to the goods is transferred to the consumer upon delivery of the goods to the carrier.
The transfer of risk takes place even if the consumer is in delay of receipt of the sold thing.
GUARANTEE OF CONFORMITY FOLLOWING DELIVERY
The Buyer is obliged to report any visible defects to the Seller in writing on the delivery note or the copy of the invoice within two weeks after receipt of the goods. Otherwise, he cannot assert claims based on the guarantee.
LEGAL GUARANTEE TO THE CONSUMER
The legal warranty period for any item is a minimum of two years (consumers and contractors). Some items have a longer warranty, we invite you to check it in the warranty/certificate of origin accompanying the product or on our website.
The burden of proof is on the contractor or client. Les Centres Sportifs de Leysin guarantees on the defects of the goods at its discretion by repair or replacement. If the replacement performance fails, the customer is entitled to withdraw or to demand a reduction in price, but this does not entitle him to claim damages.
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