Terms & Conditions
These General Terms and Conditions ("GTC") apply to purchase contracts with private customers ("Customer(s)") concluded directly, without the involvement of an intermediary, with zai AG, Crott 4, 7603 Vicosoprano ("zai"). These GTC replace all previous general terms and conditions for direct sales of zai agreed before 19.11.2014.
2. Conclusion of contract
2.1. Direct Sales
The purchase contract is concluded when zai immediately accepts the customer's offer to purchase the product at the stated price. The purchase contract can be legally concluded orally or in writing. The GTC shall be brought to the customer's attention in writing upon conclusion of the contract and shall be deemed an integral part of the contract unless the customer immediately rejects them in writing. Direct sales are, for example, purchase transactions in presentation rooms or on the occasion of special events in which zai participates, such as ski test days, sales events, trade fairs, vernissages and the like.
2.2. Distance selling
In the case of distance sales concluded electronically (e.g., Internet, e-mail), by telephone, fax or letter, the customer's order will be confirmed by zai (in writing or verbally). The GTC shall be sent to the customer in writing and shall be considered part of the purchase contract if the customer's written rejection is not received by zai within ten working days.
zai Ski ("zai Ski") is a quality product and is manufactured by zai. zai also sells products under its own brand that are produced by a third-party manufacturer ("zai Pro-product(s)"). zai products include ski poles, binding system, ski helmet, ski goggles, ski bag. zai skis are delivered in a package together with the binding system (ready mounted, consisting of pressing plate and binding), ski poles as well, as a ski bag (together "zai package"). zai can give the customer a say in the composition of the zai package.
4. Prices and payment
The sales price is quoted in Swiss Francs, Euros and/or US Dollars. Included are value-added tax if the law requires it and other legal charges as specified on the price list. Delivery costs (including transport insurance) will be charged to the customer separately. zai reserves the right to change the indicated prices at any time. For the customer, the price stated by zai upon conclusion of the contract (para. 2 above) shall apply.
Unless otherwise expressly agreed, payment of the price must be made net within 10 working days after receipt. zai Ski and zai products remain the property of zai until payment has been made in full.
The latter reserves the right to make deliveries only against advance payment and/or to enter the reservation of title in the public register.
zai shall make every effort to meet the delivery dates specified when the order is placed. The specification of the delivery date does not constitute a fixed transaction. Delivery delays shall not entitle the customer to claim damages, rescind the contract, or to any further consequences of default.
6. Warranty and liability
6.1. Prerequisites of the warranty
Upon receipt, the customer must inspect the zai Ski and/or the zai products and report any defects to zai immediately. Hidden defects may be claimed later but must be reported to zai immediately after discovering the hidden defect. If the customer fails to report the fault to zai in due time, the zai ski and/or the zai products are deemed approved by the customer and any warranty and liability claims against zai lapse. A further prerequisite for asserting the warranty is that the customer submits the signed warranty certificate to zai.
6.2. Scope of warranty
zai warrants for a period of 24 months from the date of conclusion of the contract (clause 2) that the zai Ski has the warranted characteristics, does not have any defect impairing its suitability for the intended use, and complies with the stated construction materials and specifications.
For zai products, the warranty conditions of the third-party manufacturers apply exclusively. zai does not assume any warranty beyond this.
During the warranty period, zai shall remedy any acknowledged defect in zai Skis or zai Products free of charge. Alternatively, zai may, at its option, take back admitted defective zai Skis or zai products from the customer and replace them free of charge with defect-free ones, or take them back against reimbursement of the purchase price. Further warranty claims of the customer are excluded.
For defects covered by warranty, zai excludes any claim beyond rectification or, at zai's option, replacement delivery or return against refund of the purchase price, in particular rescission, reduction, or compensation for direct or indirect, consequential or direct damages are excluded. Any further liability of zai for damages in connection with these GTC is excluded.
7. Place of performance and transfer of risk
The place of performance is at the registered office of zai, Vicosoprano Switzerland. The benefits and risks of zai Ski and zai products are transferred to the customer upon the conclusion of the contract (clause 2).
8. Final provisions
Should one or more of the provisions of these GTC be or become void or ineffective, the remaining parts of these GTC shall not be affected thereby. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes as close as possible to the economic purpose of the invalid provision.
The contract of sale (including the General Terms and Conditions) shall be governed by Swiss law, namely by the provisions of the Swiss Code of Obligations (SR 220), excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (SR 0.221.211.1).
The place of jurisdiction is the registered office of zai AG.