General terms and conditions
1. Scope and contracting party
These terms apply to all orders via lawinenball.com. Your contracting party is Fournier Digital Solutions, Sinserstrasse 67, 6330 Cham, Switzerland, owner Herbert Fournier, email office@lawinenball.com, phone +43 699 10297942.
2. Offer and conclusion of contract
- The presentation of products on the website is not yet a binding offer.
- You order by email to office@lawinenball.com. With your order you make a binding offer to buy the products named.
- We send you a confirmation with total price, shipping costs and payment details. The contract is concluded with this order confirmation.
- The contract language is German. You receive the contract text and these terms with the order confirmation by email.
3. Prices and shipping costs
Prices at the time of order apply, in euros. All prices are final prices. As a small business we do not charge VAT. Shipping costs are not included; we state them in the order confirmation before the contract is concluded.
4. Payment
You pay in advance by bank transfer to the account given in the order confirmation. We ship once payment has arrived.
5. Delivery
We ship from our warehouse in Austria to the address you provide. We state the expected delivery time in the order confirmation. If a product is not available, we inform you at once and refund any payments made.
6. Retention of title
The goods remain our property until paid in full.
7. Warranty
Statutory warranty rights apply. Please report obvious transport damage as soon as possible so we can claim it from the carrier. Your statutory rights are not affected.
8. Safety note
The Avalanche Ball increases the chance of finding buried people quickly. It does not prevent avalanches and cannot rule out burial. It replaces neither transceiver, shovel and probe nor careful tour planning. Please read the user and packing instructions before first use and practise releasing.
9. Liability
We are fully liable for intent and gross negligence, for injury to life, body or health and under product liability law. For slight negligence, we are only liable for breach of essential contractual obligations and limited to the foreseeable damage typical for the contract.
10. Applicable law and jurisdiction
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you keep the protection of the mandatory provisions of the law of your country of residence, and you may sue and be sued in your country of residence.
11. Dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If you have a question or problem, just write to us and we will find a solution together.
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Fournier Digital Solutions, Sinserstrasse 67, 6330 Cham, Switzerland, email office@lawinenball.com, phone +43 699 10297942) of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will tell you the return address once we receive your withdrawal.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Fournier Digital Solutions, Sinserstrasse 67, 6330 Cham, Switzerland, email: office@lawinenball.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
______________________________________________
Ordered on (*) / received on (*): ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is notified on paper): ____________________
Date: ____________________
(*) Delete as appropriate.