General Terms and Conditions

A. General provisions

I. General, resale, order quantity

These General Terms and Conditions of Business apply to the sale of AirInside products. The General Terms and Conditions shall also apply if AirInside Gmbh is to provide repair services to an end buyer.
End customers are consumers, entrepreneurs, and legal entities who use the products and services themselves and do not resell them for business purposes.

1. Our General Terms and Conditions of Business shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall not apply, even if we do not separately object to their validity in individual cases. This shall also apply if we, with knowledge of the customer’s General Terms and Conditions of Business, carry out the delivery to the customer without reservation or perform the agreed repair.
2. No resale: AirInside Gmbh sells products directly to end customers. We may unilaterally cancel any order that we believe was placed with the purpose of reselling the product or is otherwise contrary to good faith.

B. Purchase of products

I. Conclusion of contract

1. Unless otherwise stated in the customer’s order, we are entitled to process the order form received via our online order form within 5 working days.
2. The offer is accepted by us as soon as we receive online order form, we issue proforma invoice and deposit payment is made to our bank account.

II. Ordering

1. If the customer is a consumer: The order is only possible for natural persons of full age and legal capacity. If the customer is a commercial end customer/entrepreneur: The order must be placed by the owner who is of legal age and capacity or by a person who is of legal age and capacity and authorised to represent the customer.
2. The customer is obliged to truthfully provide the information required for the order.
3. Should the customer’s details given in the order regarding his name, place of residence or place of delivery incl. contact details change before the contract has been fulfilled, these changes must be communicated to AirInside Gmbh immediately.

III. Prices and payment

1. The stated purchase price per product does not include VAT and the shipping costs. If the product ordered by the customer is delivered abroad in accordance with the contract and if customs duties become due and/or customs clearance costs are incurred as a result, these shall be borne by the customer.
2. Payment methods: advance bank transfer of agreed amount in proforma invoice.

IV. Delivery problems, withdrawal, default of the customer

1. If delivery is impaired by force majeure, our delivery period shall be extended accordingly. Strike, lockout, lack of supply by subcontractors and suppliers, official interventions as well as all other obstructions, as far as we are not responsible for the obstruction, are equal to force majeure. In this exceptional case, we are entitled to withdraw from the concluded contract and will immediately refund any advance payments made by the customer.
2. If a collection date has been agreed with the customer and the customer fails to meet the date, we shall be entitled to withdraw from the contract if we have set the customer a reasonable grace period of one (1) week for collection and this has expired without success. The same applies if the customer is in default of payment of the purchase price.

V. Assembly on the part of the customer

AirInside boards are fully assembled. Certain parts (foot-straps, foil) need to be attached by customer. The customer must assemble these on the board after receipt of the board with the aid of the information and instructions provided by us on our website or from provided Product Manual. Foil assembly and attachment to the board may follow specific instructions from foil provider and go out of our responsibility.

VI. Shipping, transfer of risk

The risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are handed over to the transport company. Transport companies may offer various level of accidental loss or damage compensation.

VII. Retention of title

We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.

VIII. Warranty

1. The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title, unless otherwise stipulated below.
2. If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods. If the customer is an entrepreneur, we may, however, choose between rectification of the defect or delivery of a defect-free item.
3. If the customer is a consumer, the warranty period for defects is two (2) years. If the customer is an entrepreneur, the warranty period for defects shall be one (1) year. These warranty periods shall not apply to claims for damages by the customer arising from injury to life, limb or health or in the event of wilful or grossly negligent breaches of duty by us or our legal representatives or in the event of fraudulent intent or to the extent of any warranties granted.
4. Warranty details are explained in separate Warranty conditions.

IX. Order

As soon as the complete order form has been sent, the proforma invoice is sent to customer and the pre-ordered product is on stock or ready to be produced, the customer will be asked to pay for the product. A purchase contract for the ordered product is only concluded upon full payment. Until the product has been paid for in full, the customer agrees not to be entitled to delivery of the product. The order is subject to availability in stock or production capacity. The customer can cancel his pre-order at any time until full payment has been made. After full payment, the customer has no right of withdrawal.

X. Guarantee

1. AirInside board have 2-years guarantee against failure of materials or workmanship (delamination, softening of the hull, inserts, fin and mast boxes), and no guarantee against breakage.
2. This guarantee commitment does not cover damage caused by:

– normal tear and wear (scratches, punctures, dents, fading and paint or sticker chipping)

– improper handling, storage, maintenance or care

– use in commercial, rental or teaching environments

– incorrect operating of the air valve.

– incorrect set-up and usage of unsuitable gear

– accidents, misuse, unauthorized repairs or modifications

– wing foiling with an already damaged board

– heat or excessive exposure to sunlight (temperatures over 50°C).

3. Buyer is responsible to check proper functioning and condition of the product at all times.
4. Claims can only be made to AirInside Gmbh. In case of a claim please contact AirInside Gmbh as soon as possible. Your board will be handled (repaired or replaced) to our own judgment. Please also note that a substitution or a repair of a damaged board does not extend its original guarantee period.
5. Claims will only be accepted upon presentation of the original receipt. Only original buyers are entitled to make claims. These guarantee conditions are subject to the general conditions in the Court of Nidau, Switzerland.
6. In the case of a confirmed warranty claim, the customer covers the cost of transportation of the replacement.

XI. Voluntary right of return

1. In addition to the statutory right of withdrawal, about which we instruct the customer separately, we voluntarily grant our customers a right of return of 30 days. The return period shall commence upon receipt of the goods by the customer and shall be observed if the goods are returned to us within 30 days.
2. The right of return only exists if the goods are unused and kept in original transport package.
3. The customer shall bear the costs of the return shipment.
4. The statutory right of withdrawal shall remain unaffected by the right of return.

XII. Liability

1. We shall only be liable to the customer for damages in accordance with the following provisions.
2. In the event of breaches of duty – irrespective of the legal grounds – we shall be liable for intent and gross negligence. In the case of slight negligence we shall only be liable for

a. damages resulting from injury to life, body or health, and

b. damages arising from the breach of an essential contractual obligation, i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies and may rely; in this case, our liability shall be limited to compensation for the foreseeable, typically occurring damage. An essential contractual obligation is, for example, our obligation to deliver and procure ownership of the purchased product.

3. The above limitations of liability shall not apply if a defect has been fraudulently concealed or if a guarantee has been assumed in this respect.
4. The above limitations of liability shall also apply in the event of breaches of duty by our legal representatives or vicarious agents.
5. Claims under the Product Liability Act shall remain unaffected in all cases.

XIII. Applicable law

1. Our General Terms and Conditions and the legal relationships between the customer and AirInside Gmbh shall be governed by the law of Switzerland.
2. In the event that the customer is a consumer and has his habitual residence outside of Switzerland, the applicability of the law of Switzerland shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.

XIV. Place of Jurisdiction

The place of jurisdiction for all disputes arising from contractual relationships between the customer and AirInside Gmbh is the registered office of AirInside Gmbh in Nidau, Switzerland.

C. Repair services

I. Quotation, transport of the board, repair modalities, payment

1. If the customer wishes repair services to be carried out outside the warranty and guarantee, we shall prepare a quotation for the customer for this purpose. We are bound to this offer for 2 weeks. If necessary, the preparation of the offer requires that the customer makes the board available to us for inspection at our place of business.
2. We may organise the collection and return by a transport company commissioned by us on request and conclude the transport order on behalf of the customer. We will inform the customer in advance of the costs and modalities in this regard and ask for authorisation to do so. If we commission the transport company in our own name for this purpose, the customer shall pay the collection and return costs in advance.
3. If the customer does not accept the offer within the binding offer period of 2 weeks, no repair order shall be concluded. If the board was sent to us by a transport company for the preparation of the offer, we will return the unrepaired board to the customer at the customer’s expense and risk.
4. If the customer has approved a lump-sum amount for the repair services prior to the preparation of our offer and if it is determined during the preparation of the offer that this amount is exceeded, the customer will receive a new offer from us for the conclusion of the repair contract. We shall be bound by this offer for 2 weeks. Clause 3 shall then apply accordingly.
5. We shall report the completion of the repair. The repair invoice is to be paid immediately after acceptance upon collection. If desired, we will organise the return of the repaired board on behalf of the customer. In this case, the repair invoice must be paid before the board is returned.