GENERAL TERMS OF SALE CONDITIONS AND LIMITED WARRANTY
ARTICLE 1 : AGREEMENT COVERAGE AND MODIFICATION OF THE GENERAL TERMS OF SALE CONDITIONS
The present general sales terms and conditions ( further referred to as ” General sales terms and conditions ” are applicable and relevant to any business transaction conducted between Advanced Sport Instruments SA ( further referred to as ” ASI ” ), and anyone placing an order to ASI( further referred to as the ” Client ” or the ” Clients ” ).
ASI reserves the right to adapt or modify the General Terms of Sales and Conditions at anytime, which will be applicable to any new order.
During each order, the client must confirm having read and agreed with the General Terms of Sales and Conditions. The aforementioned Terms of Sales and Conditions will concern any order placed by the client ( further referred to as the ” Order ” ). The eventual special conditions mentioned relevant to the products are an integrant part of the General Sales Terms and Conditions. In case of divergence between the special conditions and the General Conditions, the special conditions prevail.
ARTICLE 2 : PRODUCTS DISPLAYED ON THE INTERNET SITE AND CLIENT’S ORDER(S)
The products visible on the Internet Site are there for information only, and do not constitute offers made by ASI. The photos displayed on the Internet Site, are not contractual.
The indications provided on the Internet Site ( product descriptions, illustrations, graphics, photos , films and videos, dimensions, weights, technical informations, accessories and other data ) are only provided as information and do not in anyway guaranty nor constitute true accuracy of those characteristics. ASI can not be rendered responsible for the content of the external Internet Web pages and business partners shops found on the Internet network.
On the basis of this non contractual provided information, the Client can place an order of the displayed product(s), and only by following the procedural guide lines in place for the Internet Site.
Any completed order made and finalized by following the order procedure, constitutes an agreement by the Client to purchase the product(s) displayed on the Internet Site while understanding its indicated General Terms of Sales and Conditions.
For each Order, the Client must give an e-mail address to which will be sent all pertaining electronic communication from ASI relevant to the Order. It is the Client’s responsibility to maintain this address, and be aware of the correspondence sent by ASI. All communication sent by ASI to the indicated e-mail address provided by the Client, will be considered as received by the Client the following day the message was sent. Risks of lost transmissions are the client’s responsibility.
The Client can warn ASI of a delivery address change within 24h after placing an order. The change notification will however only take effect if the Order was not already shipped out. If too late, it will be the client’s responsibility to take appropriate measures to retrieve the merchandise sent to the address indicated at the time of the Order.
ARTICLE 3 : ORDER(S) CONFIRMATION – NON CANCELABLE ORDER(S)
The Order placed by the client in agreement with the above aforementioned ARTICLE 2, constitutes a firm and definitive purchase confirmation of the Product(s) displayed and available on the Internet Site.
ASI will be free to accept or decline without explanation, any Order at any time. ASI will notify the Client about the Order reception by sending an e-mail to the indicated address at the time of Order.
ARTICLE 4 : PRICE
ASI reserves the right to modify its prices at any time, but will honor the prices in place at the time of Order.
The listed prices are reflecting either Swiss Francs, Euros or American Dollars, depending on the Client’s choice at the time of purchase. The displayed prices do not include the Tax Added Value ( TAV ), unless specified. Additionally, it will be the Client’s responsibility to cover the shipping expenses which will be indicated on the purchase order based on the chosen delivery options.
ARTICLE 5 : SECURED PRE-PAYMENT
The decision by the Client to order from ASI involves a full pre-payment of the purchased good(s) plus eventual possible additional expenses.
If the payment will be made in advance using the PAYPAL secured server found on the Internet. Meaning that no information connected to the Client’s credit card or bank account will transit through ASI websites. The payment(s) will therefore be totally secured and safe.
The Order will be confirmed and validated upon payment reception.
The risk of a malfunction in the payment procedure is the Client’s responsibility.
ARTICLE 6 : SHIPPING PROCEDURE AND SHIPPING DELAYS
The products are delivered to the address indicated by the Client during the Order procedure. The possible risks associated with merchandise shipping ( lost, damage, wrong shipping address, etc. ) are part of the Client’s understanding and agreement as soon ASI hands the merchandise to the shipper chosen by the client by ASI. In case of an eventual labelling error, ASI can not be rendered responsible for the merchandise not reaching its intended destination.
The return inherent shipping expenses for non collected merchandise are the Client’s responsibility. Prior to any return shipping, ASI could ask the Client to pay for the eventual added expenses.
In case of non merchandise reception, ASI can not be rendered liable, including the scenario of the shipper not having left notification of a delivery attempt. The risks of non delivery, and possible associated shipping costs return are understood and accepted by the Client.
In case of merchandise returned to ASI’s headquarters for non-delivery ( postal delivery delays, wrong address, … etc ), the Client is automatically notified by e-mail to the indicated address at the time of Order. Without news from the Client’s under a three ( 3 ) months period from the e-mail notification, ASI reserves the rights to cancel the order. In this case, ASI is freed from its obligation to deliver the merchandise and refund the Client’s order pre-payment to cover to conventional retributory damages, account settlement, and all claims relevant to the ordered merchandise.
The shipping and handling expense are always clearly indicated and explained as part of the Order procedure. The merchandise delivery is made via the shipping company chosen by the Client and found on ASI’s Internet Site.
All articles can usually ship out within three ( 3 ) business days, excluding weekends and official holidays. The indicated delays will be modest, and corresponding to the merchandise production speed, handling, distribution and shipping of any Order.
In the eventuality of ASI being unable to deliver the ordered merchandise within a sixty ( 60 ) day period ( warehouse shipping due date ), the Client can cancel the Order by sending an e-mail or postal mail addressed to ASI’s customer service with the included corresponding Order details. This cancellation will only be validated if ASI is notified at least 24 hours during the business week 9:00 AM – 5:00 PM Monday to Friday before the returned merchandise is delivered to its offices by the shipper of its choice. In the contrary, the cancellation will be permanently voided. The cancelation must also be made within seventy ( 70 ) days from the Order date.
In case of a valid Order cancelation, the Client’s pre-payment will be refunded in full to his/her account. The Client will not be able to claim for any reason, additional retributory damage(s), for the refund will be exclusively and only limited to the pre-payment costs associated with the ordered merchandise.
ASI is legally allowed to cancel an order even after placed and accepted, without having to explain or giving a valid reason to the client. In this case, the refund to the Client is limited to the Order pre- payment initially made, excluding any amount for retributory damage.
The Client must immediately inspect the ordered merchandise for damage upon reception. Prior sending a defective or not conforming product back, the Client must first obtain a return authorization from ASI’s Customer Service department within three ( 3 ) days of finding a problem with the purchased merchandise in order to receive the proper instructions to follow with the return procedure.
To identify problems ( damaged shipping box, item not corresponding to the ordered item, eventual missing parts, etc… ), the Client must check the conformity and integrity of the delivered merchandise before signing the shipper’s receipt. The Client might be asked to describe in writing the abnormalities of the received goods on the shipping receipt before signing it ( per example, damaged merchandise, wrong product delivered, etc… ). This inspection will only be considered valid after the Client has signed the shipping receipt without any reserved conditions attached.
ARTICLE 7 : LIABILITY
ASI declines any responsibility in case of an accident while using its products.
ASI will only be liable for damages caused directly to the Client if the later can prove gross negligence by ASI or a third party associated with ASI. Responsibility for negligence of any degree is excluded.
If deemed liable, ASI will limit the refund to the price of the merchandise or payment made by the Client. Extended responsibility by ASI, its associate(s) and third party business partners are not and can not be rendered liable for any damage of any kind. Specifically, the Client can not claim any compensatory reparation(s) for other than the amount of the purchased product itself.
The product choice and purchase are the responsibility of the Client only. Non product compatibility or partial compatibility can not render ASI liable nor become cause for any amount of retributory compensation.
In any case, retributory damages will be limited to the merchandise corresponding price at the time of purchase by the Client.
ARTICLE 8 : MERCHANDISE RETURN & LIMITED WARRANTY
The limited warranty duration covering the ASI product line is one calendar year from the purchase date, unless specified.
The Limited Warranty does not cover normal wear and tear, or if the product was opened or repaired by non qualified ASI authorized personnel. Total or partial part(s) replacement and labor as consequence of product mishandling are not covered. Damages resulting from : improper product use by not following the manufacturer’s recommended guide lines, humidity, liquid spills, contact with caustic agents, exposure to heat source(s), drops, crashes, and abusive handling as a whole, will void the Limited Warranty. The Limited Warranty does not cover physical damages made to the surface of the product. The Limited Warranty does not cover the software(s) included with or installed inside the product.
Prior sending a defective or not conforming product back covered by the ASI Limited Warranty, the Client must first obtain a return authorization from ASI’s Customer Service department within three ( 3 ) days of finding a problem with the purchased merchandise in order to receive the proper instructions to follow with the return procedure.
Merchandise sent back without first contacting ASI’s Customer Service to obtain a return authorization will not be accepted.
The returned merchandise must be sent with a Return Receipt / Signature Required. The Client understands and agrees with the risks and costs associated with the return.
Concerning defective product(s) returned by the Client according to the procedure in place, ASI’s obligations are limited to choices made by ASI :
either repair the defective product(s) at its own costs within reasonable delays;
either proceed to replace the product(s) as a standard exchange or by swapping it with a similar product;
either reimbursement to the Client to the amount paid at the time of order.
A repair under warranty does not prolong nor extends the length of the warranty.
ARTICLE 9 : CLIENT’S OBLIGATIONS
The client agrees to only use the purchased item as indicated by ASI in order to assure its necessary maintenance for correct functionality.
The Client must keep the purchase receipt, the product’s packaging as well as the manual and accessories relevant to the product. Those items could be requested from the Client by ASI in case of repairs made under warranty.
ARTICLE 10 : PRIVACY
By subscribing to the ASI Internet Site, the Client fully agrees to receive advertisements or other types of notifications from ASI. The Client can unsubscribe at any time, easily and free of charge, by following the indicated cancelation procedure instructions, or by contacting ASI’s Customer Service.
ASI will only transfer personal client information to third parties if needed to proceed with the Client’s Order.
ASI reserves the right to analyze collected purchasing pattern informations which could be used anonymously for commercial ends.
ASI reserves the right to remove a Client’s electronic information at any time, cancel his/her subscription, with immediate effect, without having to justify its decision, without warning, and to deny the subscriber request to obtain any explanation from the company for its decision. The aforementioned specifics will be especially true when concerning subscribing clients purposely not be abiding by ASI’s policies or giving erroneous and misleading information.
The clients removed from ASI’s clientele list will not be allowed to resubscribe on the company’s Internet Site under their name nor someone else’s name without ASI’s prior authorization.
ARTICLE 11 : APPLICABLE LAW AND JURISDICTION
The said aforementioned contract, as well as sales organized by ASI, are registered under Swiss laws. In case of litigations, the dispute will exclusively take place in the Lausanne District Court, access to representation is limited.
ARTICLE 12 : ORIGINAL TEXT
ASI’s Original Terms and Conditions are written in French and English. In case of contradiction, the French version prevails.
Lausanne, November 2018