General Terms and Conditions
Crew Aboard completes your order on the basis of the following general terms and conditions. The valid version is as presented in our web service at the time of your order. Our conditions are accepted by a client with the sending of the order form or when sending an order via Email. You may download this text to your computer or you may print it. Changes of this text are not accepted by us except we confirm such in written form.
This text is a translation out of the original German text. In case of doubt the original text in German language is relevant.
1. Information of operating
Reto Stefan Fornasieri
Responsible person for this shop:
Reto Stefan Fornasieri
2. Contract conclusion
(1) Our details regarding goods and prices during the order process are not binding. A contract between a customer and us becomes valid after we have accepted an order. This acceptance is done in a written manner (letter, facsimile or email) or the order is encountered as accepted, after the goods (all or partial) have been sent out. We do keep the right to limit the order size of ordered goods to a usual maximum usable by a private consumer.
(2) The confirmation has to be checked by the receiver in terms of obvious typing and calculation mistakes as well as in terms of differences between order, confirmation and delivery. Any discrepancy has to be reported to us immediately. If there is the need of a reversal of the delivery and the avoidance of the contract, what may be request by either you or us, please do not open the goods any further. Any value loss caused in such cases has to be paid by the customer. Please return the goods to the address indicated on the shipping documents.
(3) We do keep the right to refuse an order without mentioning a reason. A refusal is sent to a customer in written (letter, facsimile or email).
(4) If the goods are not sent to the customer but to any other address requested by the customer, the counter party of the contract remains fully with the customer himself. If the goods have to be sent to another address (i.e. as a present), the customer has to declare the exact shipping address on the order. Postbox addresses may not be accepted by us.
(5) Under age persons are not allowed to order goods. With the order you automatically confirm, that you are legally able to place an order which is legally binding
3. Paying conditions
(1) We do accept the paying method mentioned by us during the order process only.
(2) Prepayment means that the transfer of the regarding counter value has to take place within a period of 14 days after order date. The shipping of the ordered goods is done after the reception of the payment.
(3) If the order is paid via 'cash on delivery' (COD) we charge an additional fee. Fees charged by the transportation agent are not within our influence and has to be paid by the costumer. We are not able to indicate such foreign fees in our bill or contract. COD payment is normally only accepted within Switzerland.
(4) If you do not pay even after reminder and with fixing of a period of time, we are allowed to charge default interest up to a max of 5% above the base rate published by the European Central Bank, as long as there is no further proof of a loss smaller than that.
(1) Our prices are exclusive package and sending fees but inclusive any value added taxes for the delivery within Switzerland. The prices are fixed and charged in CHF (Swiss Francs), additional price indication in other currencies are for information only and are not binding in any way. Exchange fees have to be paid by the customer.
(2) The prices as of the sending date are relevant for the final charging. In case of a pre-contract, the prices as of the order date are relevant.
5. Conditions of delivery
(1) Delivery times are approximate indications. Those terms are depending on production and delivery capacities of our workshops. As of their workload it may occur that the delivery could be delayed. Our clients are always informed via email if such delays may occur.
Due to force majeure including delays in production as descript above, a new delivery date is fixed with regard of the next possible time. Is it impossible to deliver the ordered goods or if we believe the delay will be too long, we may cancel the order without any further liabilities.
If a delay is indicated with more than one month both parties do have the right to cancel the order without any further liabilities for the counterparty.
(2) We are allowed to send our partial deliveries. If you are not interested in a partial delivery but want to receive the whole lot in one sending, please inform accordingly on the order form. In case of partial delivery any additional shipping costs are paid by us.
(3) As noted above, Crew Aboard takes no responsibility for any disadvantage or loss on the customer side. This limitation of liability is invalid if the delay has occurred as of deliberate intention by Crew Aboard.
6. Import and Customs Regulations, Export Regulations
(1) It is the customer�s responsibility to be compliant with any import and customers regulations of the respective country when ordering goods from Crew Aboard.
(2) Crew Aboard tries to declare any specific materials (e.g. tin or other metals), which might be object of a special regulation or limitation.
(3) The customer bears all risks and consequences resulting by any illegal good transfer abroad, not being compliant with import and customs regulations of other countries (including any transfer regulations), wrong or incomplete application of customs declarations, of the green customers slip, or other accompanying documents as well as any failure against valid export regulations. This also applies to damages incurred by the sender by loss of the right to compensation arise if the shipment is confiscated by the customs authorities of a foreign country. It is the customer to inform himself on the recipients of shipments, the foreign representatives of destination or transit countries, the foreign trade offices, industry and trade associations or other bodies themselves.
(1) The standard shipping method is the registered post-delivery by the Swiss postal service. The transit risk remains with the buyer. If the customer requires a different shipping method, this may be requested with the ordering whereas any additional costs will be charged to the customer.
(2) Loss or damage of the sending the customer has to declare it to the carrier without delay. This applies regardless of whether it is a shipment at our expense or specifically requested by the customer. In addition, loss or damage caused by the transport of the carrier has to be noted on the carrier�s delivery receipt and the circumstance has to be mentioned to us. The notification to us has to occur within three days of delivery. Hidden damage has to be reported immediately upon discovery.
8. Cancellation and return policy
(1) The customer has the right to cancel the contract of purchase within 30 days, starting from the time the goods have been received. To maintain this time period is sufficient to send the revocation. The cancellation is done afterwards step by step as a reversal of the initial process.
(2) If the goods have already been used, have signs of usage or has been changed to a different form from its original copy, the purchase may also be revoked but only within the legal period of 30 days. We reserve the right to recalculate the value of the goods whereas any impairment is charged to the consumer. If the goods are not negotiable for us, the purchase amount is not refundable. In this case the buyer may request the renewed sending of the goods by paying any delivery costs.
(3) Where the revocation of goods worth no more than 50 CHF, the buyer has to bear the costs of return, unless it does not correspond to the delivered goods ordered. The return has to be in original packaging. When returning damaged goods we are entitled to claim compensation.
9. Reservation of title
(1) The delivered goods will remain our property until full payment of the purchase price. The goods remain our property until full payment of all of our claims which exist at the time of the particular contract which was arising from the existing business relationship with the customer. Finally our reservation property includes future claims against the customers too.
(2) In case of default of the customer we are entitled to demand the return of the goods, without a resignation on our part. The same applies to a significant deterioration of the financial situation of the customer.
10. Warranty and Liability
(1) If you show us deficiencies of the delivered goods, we will take care to solve the problem, in due time either by replacement or remedy the deficiencies. The warranty period is 6 months from date of shipment. The claim must be proved with the purchase date of the invoice. Any warranty obligation shall cease when the defective product is altered by a improper repair or other work performed by the customer or third parties.
(2) The liability for normal use and tear, paint damage caused by careless handling, etc. is excluded.
(3) Our products are handmade. Due to this fact there are deviations to published images. These are not meant to be damage or deficiency, i.e. such discrepancies can not be invoked as a defect or damage. It is our aim to send previously a photo of the individual item to the customer for making the decision.
(4) Excluded from the warranty are defects or damage caused by:
� Normal usage
� Improper use, handling errors and negligence of the customer
� Fire, lightning, explosion or network induced surges
(5) The warranty is void if the customer has caused the damage by a (intentional or negligent) behavior (e.g. faulty installation, improper use, alteration of the delivered goods). The objects are sometimes relatively small and can, for example be swallowed by young children. We assume that the buyer is aware of such risks and therefore stores the items accordingly. Crew Aboard declines in such cases any responsibility and there is no claim for warranty.
(6) If three times the elimination of a defect subject to warranty by repair or replacement within a reasonable time fails, the customer may withdraw from the contract or demand a reduction of the purchase price. Please send the goods not without paying the fright or with special dispatch forms to avoid unnecessary costs. Please include any document showing the costs for the back sending. Cost of special transports we did not request (e.g. non-free) not replaced.
(1) At present the communication is only done via email or other standard forms of communication. In case any special confidentiality is required, we ask you to mention this accordingly. Of course we will adhere to your instructions.
(2) To guarantee best standard in transmitting data, the online shop is secured by the save Secure Socket Layer SSL. With this standard data are encrypted and protected by the access through unauthorized persons.
(3) Crew Aboard does not provide customer information to third parties in any form. But to improve our services and offerings, we keep the right to analyze your data but for strict internal purpose only. Of course we do this under the strict confidentiality of the data. Additionally we do act according to Swiss data protection law, i.e. the buyer always has the right to require the detailed data and information about him, stored by Crew Aboard. Such a request has to be directed to Crew Aboard in written form.
(4) If the customer explicitly instructs Crew Aboard not to receive any advertising information or the like, Crew Aboard will fully accept and respect the customers wish.
(1) Swiss law is valid, even if the order comes from abroad or was made in a foreign country. The jurisdiction is in Wettingen. This applies to all claims regarding your order. We have the right to sue in Aarau, or at your venue.
(2) The right to offset or reduction will be payable only if your counterclaims have been legally determined or we have acknowledged in writing. You are only entitled to withhold if the claims are based on the same contract.
(3) If a non-essential part of any contract under these conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. Any ineffective clause is replaced by a regulation which comes closest.
Wettingen, May 2010