TERMS AND CONDITIONS

§ 1 VALIDITY

The following General Terms and Conditions apply exclusively to the business relationship between Sideshore AG and the Customer from 1 April 2024, regardless of the means of communication used.

The Customer recognizes the exclusive validity of the General Terms and Conditions of Sideshore AG for the entire business relationship. Sideshore AG does not recognize any deviating terms and conditions of the customer unless the management of Sideshore AG has expressly agreed to their validity in writing. If the Customer enters into a business relationship with Sideshore AG via the Website, the Customer recognizes the General Terms and Conditions as the basis for the entire business relationship between the Customer and Sideshore AG.

§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION

The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.

You have the possibility of making the purchase contract in English language. The ordering and transaction language may also be English. We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.

If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.

Sideshore AG reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.

All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.

Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.

CANCELLATION POLICY

Cancellation rights
You have the right to cancel this contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.

Beyond the statutory cancellation period we voluntarily grant you an extended cancellation period amounting in total to 21 days for the articles which are also subject to the statutory cancellation right.

This cancellation rights must be exercised by informing us, the


Sideshore AG
Zinkereistrasse 35
CH-8633 Wolfhausen

e-mail: sideshore@sideshore.ch

by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract.

To observe the cancellation period, it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.

 

Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.

We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.

You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you unformed us of the cancellation of this contract, to:

Sideshore AG
Zinkereistrasse 35
CH-8633 Wolfhausen

The time limit is observed if you dispatch the goods before the end of the fourteen-day period.

If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.

The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:

Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.

Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.

Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.

Items that can be sent by parcel are to be sent back at our risk. You bear the direct costs of the return of goods.

The return of goods that cannot be sent by parcel has to be done through Fed Ex Freight or other freight forwarding agencies and the cost must also be borne by the customers. The costs of freight forwarding may vary according to delivery country.

The place of delivery for company business is our company location.

§ 3 DELIVERY

Should nothing different be requested by the customer then the delivery address entered by the customer will be used.

Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.

If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.

The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.

Delivery and service delays due to acts of God are not the responsibility of Sideshore AG. Such events give Sideshore AG the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non-completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Sideshore AG or distributors of Sideshore AG.

In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.

§ 4 PAYMENT AND LATEPAYMENTS

All product prices at Sideshore AG are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice.

The retail price is payable upon placement of an order.

§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS

A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Sideshore AG. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.

§ 6 PROPRIETARY RIGHTS

All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Sideshore AG.

§ 7 GUARANTEE

The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.

Claims against Sideshore AG which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.

The guarantee is not valid against normal wear and tear caused by use of a product.

Should a defect in a purchased item be the responsibility of Sideshore AG, then Sideshore AG is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Sideshore AG is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Sideshore AG or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.

If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Sideshore AG will bill the customer for any expenses incurred.

Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.

§ 8 DISCLAIMER

Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus Sideshore AG accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Sideshore AG is excluded or limited, this also applies for the personal liability of employees, representatives or agents.

The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.

Sideshore AG accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.

The customer expressly understands that bindings are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted bindings are not ready to ride! The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.

§ 9 LINKS AND REFERENCES

The links to outside pages made by Sideshore AG are only signposts to these sites; therefore, they are presented in specific browser windows by means of external links. Sideshore AG does not identify with the content of these pages to which reference is made and accepts no responsibility for them.

§ 10 INFORMATION OBLIGATIONS

On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Sideshore AG of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Sideshore AG may withdraw from the contract, in as far as such a contract has been made.

§ 11 APPLICABLE LAW AND JURISDICTION

Swiss law applies.

In all legal matters, Swiss law shall apply exclusively to all legal transactions between Sideshore AG and the Customer.

The place of jurisdiction is the registered office of the Supplier. However, the Supplier may also appeal to the court at the Customer's registered office.

§ 12 DATA PROTECTION

All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.

§ 13 SEVERABILITY CLAUSE

Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.

Wolfhausen, 01.04.2024