Terms and Conditions

General Terms and Conditions (GTC)

Last updated: 24.10.2024

1. business area

1.1 The following general terms and conditions (hereinafter referred to as the T&Cs) apply exclusively to the business relationship between UpBoards GmbH and the customer in the version valid at the time of the order. By accepting these terms and conditions without objection, the customer agrees to their exclusive validity for the respective delivery and for all subsequent transactions. We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. These T&Cs also apply if we carry out the delivery without reservation despite being aware of conflicting or deviating terms and conditions of the customer. We do not recognize any deviating terms and conditions.

1.2 We reserve the right to amend these Terms and Conditions from time to time. The customer agrees to the exclusive validity of the amended terms and conditions if he does not object in writing within one week of receipt and if we specifically inform him of the significance of his silence when announcing the amended terms and conditions.

2. Offer and conclusion of contract

2.1 By ordering the desired items and confirming by clicking the "Submit order" button, the customer submits a binding offer to conclude a contract. The contract is only concluded when we expressly confirm the order. UpBoards GmbH is under no obligation to fulfill the order.

2.2 Our offers are prepared based on the information provided or transmitted to us and are valid for 30 days. The scope and execution of the delivery are determined by the information provided and selected by the customer. The contract is concluded subject to the information and conditions applicable in the respective offer.

3. Texture

3.1 Unless otherwise agreed, the relevant standards apply. Our internal factory tolerances apply to the recycled panels. Otherwise, our goods are delivered in commercially acceptable quality and design, taking into account manufacturing-related customary tolerances for dimensions, weights, and quality conditions. Color variations may occur in additional or subsequent deliveries. References to standards, material specifications, or factory tests do not constitute a guarantee of quality. Public statements by us, our agents, or any manufacturers or their agents, particularly in advertising materials or on websites, regarding the quality of our goods can only establish the customer's rights to material defects if they are expressly made part of a quality agreement.

3.2 In particular, we would like to point out that recycled panels may vary in colour, surface and core due to the material properties of the recycled plastic.

3.3 We strive to accurately depict the colors of our products. Please note that slight variations in the colors shown in the photographs may occur compared to the actual colors. Slight color variations are usually due to monitor color settings and do not constitute a defect.

4. Prices and payment

4.1 Orders are billed in Swiss francs.

4.2 Deliveries are generally only made against advance payment using the payment options offered in the UpBoards online shop, such as credit card, PayPal, Twint, or bank transfer. All payment transactions are carried out by the payment processing service provider in compliance with high security and data protection standards.

4.3 For orders from outside Switzerland, import duties and VAT of the respective countries will be charged to the customer.

5. delivery conditions

5.1 Only the delivery times stated in the UpBoards online shop apply.

5.2 For deliveries abroad, customs duties, VAT, and import taxes apply. These must be paid by the recipient upon receipt of the delivery.

5.3 The delivery period begins with the dispatch of the order confirmation, but not before full payment and the provision of all documents, approvals and releases to be obtained by the customer as well as the clarification of all technical and logistical questions.

5.4 The delivery period shall be extended appropriately in the event of industrial action, particularly strikes and lawful lockouts, as well as in the event of other impediments for which we are not responsible. This also applies if these circumstances occur at subcontractors.

5.5 We undertake to inform the customer as soon as possible of any delivery delays. If the delivery time is extended by more than two weeks, the customer may withdraw from the contract. Delays due to customs clearance and foreign shipping companies will extend the delivery time accordingly.

6. Transfer of risk, notification of defects, return

6.1 The risk shall pass to the customer at the latest upon delivery to the freight forwarder or other transport agent. This also applies if the goods are delivered by our own employees. The risk shall also pass to the customer if goods are stored at our premises at the customer's request.

6.2 If the goods are dispatched, they must be inspected by the customer or a third party designated by the customer for completeness and any damage immediately upon receipt, but no later than 7 days after delivery and in any event before processing, assembly, or other use of the goods. We will bear the costs of return shipment in the event of a defect, provided the defect is our responsibility. Return shipments must be made in the original packaging or in equivalent packaging. Complaints about defects do not release the customer from the obligation to pay on time and do not entitle the customer to make deductions.

6.3 The damaged goods must be made available to us. Return shipments require our express prior consent. Return shipments must be made in the original packaging or in equivalent, proper packaging, freight prepaid. The customer must ensure that the goods are properly unloaded and safely stored on the construction site and within his or her own access area.

6.4 Warranty claims by the customer are subject to the customer having properly complied with their statutory obligations to inspect and report defects. In the event of obvious defects or incompleteness of the goods, complaints must be notified to us in writing within 7 days of the delivery's arrival at the destination, specifying the defect and the invoice number. Hidden defects must be reported to us immediately upon discovery. Upon our request, receipts, photos, samples, packing slips, and/or the defective goods themselves must be returned to us. Customer claims for defects or incompleteness of the delivery are excluded if the customer fails to comply with this obligation. Only the purchase price will be refunded; any customs duties, taxes, and the originally incurred transport costs will not be refunded.

7. Data security

7.1 We are committed to protecting our customers' personal data in accordance with the Swiss Data Protection Act (DSG) and other applicable data protection regulations. Customer data will be used exclusively for processing orders and improving our services. Data will only be shared with third parties if necessary for the performance of the contract (e.g., to shipping service providers). Further information can be found in our privacy policy, which is available at upboards.ch.

8. Protection of intellectual property

Our trademarks, trade names, products, and website content are protected by copyright. Modifications, reproductions, and imitations of any kind are prohibited.

9. Final provisions

9.1 Swiss law applies to all customers and all transactions. The place of jurisdiction is the company's registered office.

9.2 Should any provision of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that most closely resemble the original provisions.

 

The German version prevails.