Terms and conditions
General conditions of sale
As at December 11th 2020, version 1.0
ARTICLE 1. SCOPE
The present General Conditions of Sale apply between Fun G Sàrl (“Fun G” or “Us”), and any organisation or person (“You”) visiting or buying via the site www.spirgrips.com. Every net surfer can enquire into the General Conditions of Sale on the site www.spirgrips.com (the “Site”). These General Conditions of Sale can be modified; the conditions applying are the one in force at the date the order was placed.
ARTICLE 2. OFFER
Offers are made to customers who are either natural persons or legal entities. Offers are valid for only as long as they appear on the Site and/or while stocks last. Fun G may change its prices and product range at any time. The images used in advertising media, brochures, on the Site, etc. as well as all information about the products themselves (color, weight, material, etc.) are for illustrative purposes only and are non-binding. Only the specific information displayed on the product packaging shall apply.
ARTICLE 3. ORDER AND CONTRACT
3A: CONDITIONS TO PLACE AN ORDER
You declare being aged of at least 18 years old and having the legal capacity or authorization that allows You to place an order.
Placing an order shall constitute an offer to enter into a contract with Us. Following placement of the order, You are automatically issued with a confirmation by Us, documenting receipt of the order.
Fun G may reject an order, either in its entirety or in part, without stating the grounds. In such cases, Fun G will inform You accordingly and refund any payments already made. No other claims shall be accepted. Undeliverable products will not be delivered at a later date.
3C: STAGES OF CONCLUSION OF A CONTRACT
Orders (i.e. any order placed by You with Us) are placed in writing. For the purposes of this speciﬁc paragraph, ‘written’ means messages sent by letter, fax, e-mail or online through the Site. A contract is concluded only if and to the extent that Fun G accepts an order in writing or executes such order. Fun G is all times entitled not to accept an order, with a speciﬁcation of the reasons, without being liable to pay any kind of compensation. From the moment Fun G accepted an order in writing or executed the order, the contract between You and Us is final, and You are obliged to pay for the order made. Once the agreement entered into force it cannot be cancelled by You.
ARTICLE 4. PRICE AND DELIVERY
Prices are quoted in Swiss Francs, Euros and other local currencies; The reference price is always in Swiss Francs and Euros, prices in other currencies are given as an indication only. Prices are always exclusive of VAT/turnover tax and exclusive of any other taxes and/or levies, unless indicated or agreed in writing otherwise. Any handling and/or transport costs are charged separately. The prices stated on the Site or agreed in writing otherwise (e.g., by mean of a distribution contract) at the time of placing an order shall apply.
Barring other written agreements between You and Us, You shall pay the amounts due pursuant to the contract between You and Us at the time of order.
4C: DELIVERY ADDRESS AND COSTS
Products are delivered to the address specified by You at the time of order. You must bear the relevant transport costs (expressly including the costs with respect to VAT, import licenses and customs clearance).
4D: DELIVERY RESPONSIBILITY
You are responsible for delivered products as soon as they leave our manufacturer’s factory or Fun G’s logistic center, even if they have not been received in person by You. You acknowledge that we will use third-party carriers to deliver the products. In case of delivery problems due to a third-party carrier, its responsibility may be engaged according to its own general condition of sale. In such a case, You will be responsible to take necessary actions at Your own costs.
You are responsible for verifying the condition of the product packaging upon delivery and indicating any damage to the carrier on the delivery note, as well as to Us. Any anomaly concerning delivery (damages, delivery-related missing products, damaged package, broken products) must be indicated upon receipt imperatively. In case of damage, You must inform the carrier no later than the first business day following the date of delivery. Thereafter, You may only claim for hidden defects that must be reported to Our customer service immediately upon discovery (firstname.lastname@example.org). We reserve the right to request proof of defects.
4E: DELIVERY ERRORS
You must address to Us on the same day of delivery or, at the latest, one working day following delivery, any claim of delivery errors and/or non-conformity of products in kind or in quality compared to indications listed on the order. All claims made beyond this time frame can be rejected. This type of claims can be made to Us:
By email: email@example.com
4F: DELIVERY TIME
Delivery dates are approximate only, not binding to Us, based on the circumstances facing Fun G at the time such dates are speciﬁed and, insofar as these depend on actions or data to be undertaken or provided by You or third parties, delivery is affected when such actions or data are undertaken or provided by You or by third parties. Fun G will do its best efforts to comply with delivery dates communicated.
If the delivery period is exceeded, You acknowledge that You are not entitled to any compensation, nor can You rescind the contract.
ARTICLE 5. CUSTOMS DUTIES
Any order placed and delivered could be subject to possible taxes and customs duties that are imposed when the articles arrive to destination. These customs duties and possible taxes dependent on the delivery of an article are with Your load and on Your own responsibility. We are not held to check and to inform You about the customs duties and taxes applicable. In order to be acquainted with them, We recommend You to contact the proper authorities of Your country.
ARTICLE 6. WARRANTY AND RETURNS
Fun G guarantees the quality of its products only when You complied with the instructions for a correct and safe use, provided with all our products. If You can provide evidence confirming compliance with these instructions, a statutory period of two (2) years from the delivery date applies for the products. To validate Your warranty claim We are entitled to ask you to send Us back all products subject to Your claim. The expenses of sending are with the load of You. Our product specialists must inspect all products subject to Your claim and the guarantee will be executed only if compliance with Our instructions is confirmed.
We can fulfill Our guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.
You do not have a general right to return fault-free products that are delivered properly. Warranty claims are explicitly excluded for products whose intrinsic quality (for instance, their design or color) does not meet Your expectations and for products ordered by mistake.
We do not accept any return unless Your demand meets the requirements of our Warranty policy (article 6A) or in the event of delivery of an article not in conformity with Your order or damaged during transport according to Our Delivery policy (article 4). To be accepted, any return will have to be announced as a preliminary to Our Customer service (firstname.lastname@example.org). The expenses of sending are with the load of You.
ARTICLE 7. RESERVE OF PROPERTY
The delivered articles will remain Our property until You have filled all Your obligations in Our opposition, and in particular until the integral payment of the price.
ARTICLE 8. RESPONSIBILITY
We commit Ourselves taking all the care in use in the profession for the implementation of the service offered to You. Nevertheless, Our responsibility could not be retained in the event of failure with Our contractual obligations because of a fortuitous occurrence or of a case of absolute necessity as defined by the jurisprudence pronounced by the Swiss jurisdictions.
Our responsibility will not be committed in the event of delay due to an out-of-stock condition at a manufacturer or the supplier. Moreover, in the event of non substantial differences between the photographs of presentation of the articles, texts and descriptions ordered, Our responsibility will not be committed. We implement all the means We have to ensure the services, objects of these General Conditions of Sale.
In particular, We explicitly exclude any responsibility for injuries or other damages resulting from a use that did not comply with our instructions for safe and correct use.
ARTICLE 9. DATA PRIVACY
Client data will be collected and used by Us only for the analysis, approval and execution of the Agreement and for the care and management of the relative relationship with the client, the recovery of outstanding payments and fight against fraud and abuse. Data obtained by Us may be used for marketing purposes (for example, Newsletters), if the client has no objection.
Your personal data may be used as mentioned above only by Us. However, in order to execute your order, we will have to give your personal data to other companies, such as our couriers responsible for logistics and our financial services partners for banking transactions. Said data may be used by those receiving it, exclusively for the purposes relating to their services. We do not give your personal data to any other organisations or companies.
You agree explicitly to the collection and use of Your personal data.
You have the right, at any time, to revoke consent for future use of data by informing Us.
If this is the case, we promise to immediately delete Your personal data, unless an order is being processed.
We are happy to provide any information relating to Your registered data at any time.
ARTICLE 10. GOVERNING LAW AND JURISDICTION
These General Conditions of Sale as well as any disputes or claims arising from or in connection therewith (and in particular any disputes or claims of an extracontractual nature) shall be governed exclusively by Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods).
Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of the Canton of Geneva, Switzerland.