1. Scope
The use of the website https://archery.ch (in French, Italian, English and German) (hereinafter the “Website”) and the business relationship between the operator XPEDIT AG (hereinafter “XPEDIT”), Spinnereistrasse 5, 5300 Turgi and its customers are governed by the following General Terms and Conditions (hereinafter the “GTC”) in the version currently available and valid when the Website is accessed or goods are ordered. The offer on the Website is aimed exclusively at customers with residence or company headquarters in Switzerland or Liechtenstein.
Customer is defined as any natural and legal person who has business relations with XPEDIT. The GTC and the privacy policy may be subject to adjustments from time to time. XPEDIT asks that you read these terms carefully each time you visit the Website and place an order for goods.
These GTC apply exclusively. Conflicting, supplementary or deviating from these terms and conditions require the express written confirmation by XPEDIT to be valid. By using the Website or ordering goods, the customer confirms that he fully accepts these terms and conditions, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The operator of the Website is XPEDIT.
2. Information on the Website
The Website contains information about products and services. We reserve the right to make price and product range changes as well as technical changes. All information on the Website (product descriptions, images, videos, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. XPEDIT endeavors to provide all data and information on the Website correct, complete, current and clear, but XPEDIT can neither explicitly nor implicitly guarantee it.
All offers on the Website are subject to change and are not to be understood as a binding offer.
XPEDIT cannot guarantee that the listed products will be available at the time of order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
3. Prices
The prices stated on the Website are gross and in Swiss francs (CHF). Any taxes, fees and charges are shown separately. For a shopping cart whose amount is less than CHF 50, a minimum quantity surcharge of CHF 5 will be applied.
Any shipping costs, where not otherwise provided for, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process.
Technical changes, errors and misprints are reserved, in particular XPEDIT can make price changes at any time and without notice. The sales prices do not include consulting and support services.
4. Conclusion of the contract
The offers on the Website represent a non-binding invitation to the customer to order products and/or services from XPEDIT. By placing an order via the Website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. XPEDIT then sends an automatic “order confirmation” by email, which confirms that XPEDIT has received the customer’s offer. Placed orders are binding for the customer. The right of withdrawal (see below) remains reserved.
The contract is concluded as soon as the customer places the order using the “order with costs” button.
Orders will be shipped only after full payment has been received (exception: delivery against invoice) and if the goods are available. If it turns out after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered completely, XPEDIT is entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by XPEDIT, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. XPEDIT is not obliged to make a replacement delivery in the event of contract termination.
5. Payment options and retention of title
The customer has the payment options specified in the order process. Certain payment methods may incur fees, which will be shown before the payment process is completed. XPEDIT reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons. The payment method “purchase invoice” is available to the customer only after the 3rd order and on condition that he has created a customer account. For baskets of goods exceeding the value of CHF 200, the payment method “purchase on account” is excluded. If a customer has not settled due invoices at the time of a new order, XPEDIT may suspend the execution of further orders until the due payments are made.
The products delivered to the customer remain the property of XPEDIT until full payment.
6. Delivery, obligation to inspect, notice of defects and return
Deliveries are sent by mail or courier service to the address specified by the customer in the order. Invoicing will be done by email or by mail. Upon shipment, the benefit and risk shall pass to the customer to the extent permitted by law.
If the delivery is not deliverable or the customer refuses to accept the delivery, XPEDIT can terminate the contract after a notice of complaint by email to the customer and setting a reasonable deadline, as well as charge the cost of the inconvenience.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which XPEDIT provides warranty immediately in writing by letter or email to the contact details given in the imprint.
Returns to XPEDIT are at the risk of the customer. Shipping costs are covered by XPEDIT in warranty cases. The customer shall send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to XPEDIT, Spinnereistrasse 5 (West), 5300 Turgi using the return label provided by XPEDIT.
If the inspection by XPEDIT shows that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, XPEDIT may charge the customer for the inconvenience, return or possible disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email to info@archery.ch or letter: XPEDIT AG, Spinnereistrasse 5 (West), 5300 Turgi to XPEDIT within the deadline. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods, unused, in the original unopened packaging, complete with all accessories and together with the delivery bill to the return address indicated by XPEDIT in the imprint within 14 calendar days from the day on which he notified the cancellation of the contract. Returns to XPEDIT are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 30 calendar days if XPEDIT has already received the goods back.
XPEDIT reserves the right to claim reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
8. Warranty
XPEDIT strives to deliver goods of impeccable quality. In the case of defects notified in time, XPEDIT warrants that the item purchased by the customer is free of defects and functional during the statutory warranty period, which is generally two years from the date of delivery. It is at the discretion of XPEDIT to provide warranty by free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects caused by external circumstances. In the case of bows and crossbows, any damage to the device caused by a dry fire in particular is excluded from the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is excluded.
XPEDIT is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the Website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the Website will not infringe rights of third parties not owned by XPEDIT.
9. Liability
XPEDIT excludes any liability, regardless of its legal basis, as well as claims for damages against XPEDIT and any auxiliary persons and vicarious agents. XPEDIT is not liable in particular for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
XPEDIT uses hyperlinks only for the simplified access of the customer to other web offers. XPEDIT can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
10. Data protection
XPEDIT may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of the service may also be passed on to contracted service partners (logistics partners) or other third parties.
11. Further provisions
XPEDIT expressly reserves the right to amend these GTC at any time and to put the amended version into effect without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is at the registered office of XPEDIT, unless the law provides for mandatory places of jurisdiction.
Version 1.6 – March 2023