Terms and Conditions
Terms and Conditions
GENERAL CONDUCT OF BUSINESS
- Chablais Sport strongly prefers to cooperate with partners who share our values, conducting our joint activities in a polite, civilised and respectful manner, with a view to optimising consumer experience.
- Both Chablais Sport and its partners will endeavour to contribute fully, speedily and accurately to the fulfilment of any joint activity. Both will deal promptly with any qestions or problems arising from the joint activity. Where there is possible cause for any delay, that cause will be notified and dealt with in good faith by both parties.
- Chablais Sport reserve the right to withdraw from any activity in the event that a partner acts in a manner that does not reflect this spirit, such withdrawal incurring the full pament and settlement of all monies, fees and charges relating to any outstanding order, regardless of whether delivery has taken place at the time of withdrawal. In the event of its withdrawal, Chablais Sport will endeavour to complete outstanding orders to the best of its ability, assuming the full cooperation of both parties, without which the default position is full payment to Chablais Sport.
- Both Chablais Sport and the club / organisation shall make itself available to meet face to face at premises or close to the club / organisation, on a monthly basis or as required.
- Chablais Sport will take a brief to the best of the partner's ability, and will turn that into an outline visual representation. A sample will (if requested) be provided to facilitate the approval of the overall design. Once that design is approved, it will move to production, with delivery targeted to be within three weeks to an address identified by the club contact, and agreed Chablais Sport as suitable and reliable. Expected timing of delivery will be notified by Chablais Sport to its partner.
- Orders will only be accepted by Chablais Sport from a responsible officer of the club or organisation, whether a director or person listed in the website as a committee officer.
- Sizing will follow the published sizing of Chablais Sport, unless agreed separately and in writing by both parties.
- Faulty product will be replaced at the earliest opportunity. The faulty product must be returned to Chablais Sport at the earliest opportunity, prior to replacement, to facilitate accuracy in the replacement.
- The intellectual property of all designs remains with Chablais Sport. If any of Chablais Sport products is passed to another supplier for evaluation, copy in any sense, or visual representation by email, post, or any other method, then any subsequent production of that product by another manufacturer will incur a liability by the partner club/organisation to Chablais Sport, as if Chablais Sport had provided that full supply of product.
- Any design which incorporates a club badge, logo or other representation which relates that product to a particular club, shall be the intellectual property of that club/organisation.
- The same design, but without the club identification, shall remain the intellectual property of Chablais Sport. Chablais Sport retains the right to use such designs for promotional use as well as for further commercial manufacture.
- Chablais Sport undertakes not to reproduce or manufacture any product bearing a club's logo, or other identification, except as the result of an order requested by a responsible officer of the partner club/organisation.
- All invoices are subject to VAT at the current rate then appicable in the canton of Luzern in the Swiss Confederation.
- Quotations and invoices are subject to genuinely immediate settlement by electronic transfer directly into the nominated account for Chablais Sport or Chablais Consulting.
- Full or half prepayment at the time of order may be sought from a new partner, as agreed at the time of negotatjing terms.
- Any invoices not settled (with cleared funds visible in our designated account) within 7 days will be subject to a 5% surcharge. Any invoices not settled in full within 30 days will be subject to a 10% surcharge. Any invoices not settled in full from the 31st day will mean that club/organisation will be placed on terms of full prepayment for any future transactions, with the right clearly reserved for collection of funds to be sought at the cost of the club/organisation.
- The title to both intellectual property and physical goods (including after delivery, and even if sold on to a third party) remains vested with Chablais Sport until full payment has been received.
DISPUTE RESOLUTION AND RELEVANT LEGAL JURISDICTION
- An attempt to resolve any disute shall be made in first place between the respective Chairmen of Chablais Sport and the partner club/organisation. In the unavoidable absence of either Chairman than a replacement may be nominated for the other party's agreement to represent in the attempt to resolve the dispute.
- All clauses and terms of this document shall be deemed to apply, unless clearly and specifically differently agreed in writing and signed by a director of both ogranisations.
- The Terms and Conditions applicable to trading by Chablais Sport are to be interpreted (except by the clearly expressed agreement in writing and signed by both Chairmen) solely according to the interpretation of the laws of the canton of Luzern in the Swiss Confederation. All disputes will be heard in the courts of the canton of Luzern in the Swiss Confederation. In the event of any perceived conflict of legal jurisdiction, the canton of Luzern in the Swiss Confederation shall be deemed to take precedence.
2009, revised 6.12.2014