Terms and conditions of sale

1. Identification of the Seller

These General Terms and Conditions of Sale, hereinafter the "GTC", are applicable to sales concluded with :

VOLA Racing CH

Name: VOLA RACING.CH

Legal form : Limited liability company (SARL)

Share capital: CHF 20,000

Registered office: Route de Chandoline 27B, 1950, Sion 4

Central Valais Trade Register: CHC-626.4.012.0009-9

VAT NO.: CHE-114.652.468

 

The Seller may be contacted for any questions relating to orders, products, software, services or these GTC.

2. Scope, precedence and acceptance of the GTCS

These GTS apply to all sales, deliveries, licenses, subscriptions, services, customization operations, support services and, more generally, to all contractual relations between VOLA, hereinafter the "Seller", and any customer, hereinafter the "Customer".

They apply in particular to the sale of technical products, equipment for board sports, outdoor sports, preparation equipment, accessories, maintenance products, timing systems, cells, chips, antennas, cables, interfaces, dongles, software, licenses, subscriptions and associated services.

These GCS supersede any previous terms and conditions of sale of the Seller, unless otherwise agreed in writing.

These GCS take precedence over any general conditions, conditions of purchase, contractual documents, order forms, reservations, clauses or stipulations emanating from the Customer, unless expressly accepted by the Vendor in writing beforehand.

The fact that the Vendor executes an order, delivers products, issues an invoice, accepts payment or does not immediately dispute a clause from the Customer does not in any way constitute acceptance of the Customer's conditions.

Any contrary or additional clause appearing in a Customer document shall be deemed unwritten with regard to the Seller, unless expressly accepted in writing.

Information, catalogues, brochures, technical data sheets, photographs, visuals, descriptions, performance indications, advice, recommendations or documents of any kind provided or published by the Seller are for guidance only, unless expressly agreed otherwise in writing.

The Customer acknowledges that he/she has read these GCS before placing any order and accepts them unreservedly.

These GCS are written in French. In the event of translation, only the French version shall be deemed authentic, unless there is an imperative provision to the contrary.

The Seller may deliver anywhere in the world, in particular to private individuals, shops, distributors, exporters, sports clubs, federations, timekeepers, event organisers and professional customers, subject to express acceptance of the order.

3. Professional customers and consumers

3.1 Professional customers - B2B

A Professional Customer is any Customer acting in the context of its commercial, industrial, craft, liberal, agricultural, associative, organised sporting, institutional or administrative activity.

The Professional Customer acknowledges that it has the skills, information, human, material and technical resources required to choose, use, install, check, maintain and operate the products or software ordered.

The Professional Customer expressly accepts that certain warranties, remedies, liabilities, time limits, rights of return or cancellation options may be limited or excluded to the extent permitted by Swiss law.

3.2 Consumer Customers - B2C

A Consumer Customer is any natural person acting for purposes which are not part of their professional or commercial activity.

For consumer customers, these GTC apply subject to the mandatory provisions of Swiss law.

No clause in these GTC shall be interpreted as depriving a consumer of a mandatory right that cannot be waived.

The limitations provided for in these GTC shall apply to consumers only to the extent permitted by Swiss law, in particular with regard to the prohibition of unfair general terms and conditions where they create, to the detriment of the consumer, a significant and unjustified disproportion contrary to the rules of good faith.

4. Definitions and rules of interpretation

The terms defined below have the meaning attributed to them in these GTC. These definitions are intended to avoid any ambiguity and to limit extensive interpretations unfavourable to the Seller.

Where several interpretations are possible, the Parties agree that the interpretation which best preserves the rights, economic interests, property rights, intellectual property rights, claims, warranties and limitations of liability of the Seller shall prevail, within the limits of the applicable mandatory law.

4.1 Seller

Seller" means VOLA and, where applicable, any entity, branch, establishment, representative, distributor or partner involved in the marketing, delivery, support or invoicing of the Products, insofar as such involvement is recognized by VOLA.

This definition does not create any solidarity between distinct entities, unless expressly agreed in writing.

4.2 Customer

The "Customer" refers to any individual or legal entity placing an order, requesting an offer, accepting a quotation, using a product, software, license, subscription or service from the Seller.

When the order is placed on behalf of a club, a company, a federation, an organiser or a third party, the person placing the order declares that he/she has the necessary powers and is jointly and severally liable for payment if he/she does not have these powers.

4.3 Product

The term "Product" refers to any tangible or intangible good offered by the Seller, in particular sports equipment, preparation equipment, waxing, tools, accessories, clothing, spare parts, timing equipment, cells, chips, antennas, cables, boxes, interfaces, physical media, software, licences, subscriptions, updates, associated services and services.

Unless otherwise stated, the term Product also includes software and licences, but only for clauses compatible with their intangible nature.

4.4 Software

The term "Software" refers to any computer program, application, interface, management solution, timing tool, module, database, firmware, update, patch, digital documentation, remote access, cloud service or digital component supplied by the Seller.

The Software is never sold to the Customer. It is only licensed for use, unless expressly agreed otherwise in writing.

4.5 Licence to use

The "Licence to Use" refers solely to a personal, limited, revocable, non-exclusive and non-transferable authorisation to use the software or service concerned in accordance with its normal purpose, its documentation, these GTC and any special conditions.

The licence does not confer on the Customer any right of ownership, any right of co-ownership, any right of autonomous commercial exploitation, any right of reproduction, modification, adaptation, translation, decompilation, reverse engineering, distribution, sub-licence, rental, loan, making available or transfer to a third party.

The Seller retains all rights to the software, source codes, object codes, architectures, interfaces, databases, documentation, methods, developments, updates, patches, know-how and associated elements.

4.6 Non-exclusive

The term "non-exclusive" means that the Customer does not benefit from any monopoly, privilege, priority, territorial, commercial, technical or sectoral exclusivity.

The Vendor remains free, without any duty of information or compensation to the Customer, to develop, use, sell, lease, distribute, grant, market, adapt, modify or make available the same products, software, rights, services or services to any other customer, competitor, distributor, federation, timekeeper, organiser or third party, in any country and at any time.

4.7 Non-transferable

The term "non-transferable" means that the Customer may not transfer, sell, assign, sub-license, rent, lend, transmit, share, make available or allow to be used, directly or indirectly, all or part of its rights, access, licences, subscriptions, software, identifiers, passwords, media, services or contractual benefits to a third party.

This prohibition applies in particular to affiliated companies, companies in the same group, subcontractors, end customers, clubs, federations, organisers, transferees, economic successors, sub-purchasers or undeclared users.

Any unauthorised transfer is not enforceable against the Seller and constitutes a serious breach of contract.

4.8 Subscription

Subscription" refers to a temporary right of access to software, services, support, content, updates or functionality for the agreed period.

Subscription does not confer any acquired right to the permanent maintenance of the service, functionalities, rates, technical environment, compatibility with third-party hardware or commercial conditions.

The Vendor may modify, suspend, limit or develop the functionalities for technical, security, maintenance, improvement, obsolescence, supplier availability or legal compliance reasons.

4.9 Support

Support" refers to limited assistance intended to help the Customer use the products or software in accordance with their documentation.

Unless otherwise agreed in writing, support does not include training, installation, advanced configuration, on-site travel, unlimited maintenance, competitive assistance, data recovery, correction of problems caused by third parties, guarantee of a specific result or immediate availability.

4.10 Orders

An "Order" refers to any commitment by the Customer relating to the acquisition of a product, software, licence, subscription or service, made in particular by validation on the Website, acceptance of a quotation, order form, payment, e-mail, confirmed verbal order, or any other means recognised by the Vendor.

An order does not bind the Vendor until it has been expressly accepted or executed by the Vendor.

4.11 Contract

The "Contract" refers to the contractual whole formed by these GCS, the accepted order, any special conditions, quotations, invoices, order confirmations, licences, technical appendices or documents expressly accepted by the Seller.

In the event of contradiction, the special conditions written and accepted by the Seller shall prevail over the GTCS only for the points expressly referred to.

4.12 Price

The "Price" refers to the amount owed by the Customer for the products, software, licences, subscriptions or services ordered.

Unless otherwise stated, the Price does not include ancillary costs, transport costs, packaging, insurance, customs duties, import taxes, bank charges, exchange charges, eco-contribution, administrative costs, return costs or specific services.

4.13 Transfer of ownership

Transfer of ownership" means the moment at which the Customer becomes the legal owner of the physical products sold.

Unless otherwise agreed in writing, this transfer takes place only after full, effective, final and irrevocable payment of the price, ancillary costs, taxes, interest, collection costs and any other amount owed to the Seller.

Until such full payment, the products remain the exclusive property of the Seller, even if they have already been delivered, installed, resold, incorporated, used or handed over to a third party.

No transfer of ownership may occur in respect of software, licences, subscriptions, digital content, documentation or intellectual property rights, which remain the property of the Seller or its assignees.

4.14 Transfer of risks

Transfer of risk" means the moment from which the Customer alone bears the economic and material consequences of the loss, theft, deterioration, delay, customs blockage, confiscation, damage or any other event affecting the products.

Unless there is a written agreement to the contrary or an applicable mandatory rule, the risks are transferred to the Customer as soon as the products are handed over to the carrier, forwarding agent, logistics agent, carrier chosen by the Customer or any person responsible for the shipment.

The transfer of risks is independent of the transfer of ownership: the Customer may bear the risks even though the Seller still retains ownership of the products until full payment has been made.

4.15 Retention of title

Retention of title" means that the Seller retains ownership of the products until full payment of all sums due.

As long as full payment has not been made, the Customer may not pledge, hypothecate, grant a security interest, right in rem, voluntary seizure, fiduciary assignment or any right whatsoever in favour of a third party on the products.

In the event of authorised resale before full payment has been made, the Customer hereby assigns to the Seller, by way of security, the claim arising from such resale up to the amount due.

4.16 Defects

A "Defect" is only a material, objective, demonstrable and reproducible difference between the product delivered and the specifications expressly agreed in writing with the Seller.

The following do not constitute defects: minor differences, usual manufacturing tolerances, colour variations, design changes, technical developments, change of supplier, incompatibility with third-party equipment, installation errors, misuse, improper use, normal wear and tear, inadequate maintenance, unsuitable storage, shock, humidity, cold, heat, overvoltage, network disturbance, radio interference, battery failure, power supply failure, human error or lack of suitability for a particular purpose not accepted in writing by the Seller.

4.17 Apparent Defect

An "Apparent Defect" refers to any defect that may be observed upon reasonable examination upon receipt, including a missing product, damaged package, incorrect quantity, incorrect reference, visible breakage, damaged packaging or obvious non-conformity.

The apparent defect must be reported immediately and at the latest within the time limit set out in these GTC.

4.18 Hidden defect

A "Hidden Defect" refers to a defect which could not be detected during a reasonable examination on receipt and which subsequently becomes apparent despite proper use.

The Customer must report the hidden defect immediately after its discovery, together with all relevant evidence.

4.19 Normal use

Normal use" refers exclusively to use in accordance with the documentation, the Seller's instructions, the usual technical rules, the ordinary purpose of the product and reasonably foreseeable conditions of use.

Any intensive, specific professional, experimental use, in official competition, in extreme conditions, in a damp, cold, unstable environment, connected to third-party systems, dependent on a network, or involving an official sporting result, is excluded from normal use unless accepted in writing by the Seller.

4.20 Personalised Products

Customised Products" refer to all products modified, adapted, configured, engraved, marked, assembled, parameterised, calibrated, manufactured, ordered or imported specifically according to the Customer's instructions or requirements.

These products may not be returned, exchanged, cancelled or reimbursed, except in the case of a duly established defect attributable exclusively to the Seller.

4.21 Technical Products

Technical Products" refer to products requiring installation, configuration, maintenance, calibration, compatibility or special skills, in particular timing systems, software, sensors, cells, cables, dongles, antennas, boxes, interfaces, electronic or computer devices.

The Customer acknowledges that these products must be checked, tested and maintained before any critical use.

4.22 Timing products

Timing Products" refers to hardware, software and accessories used to measure, record, transmit, process, display or export times, rankings, results or sports performance data.

These products are technical measurement aids. They do not in themselves guarantee the homologation, official validation or acceptance of results by a federation, organiser, jury or sporting authority.

4.23 Data

Data" refers in particular to times, results, rankings, histories, parameters, configurations, files, exports, logs, identifiers, race information, customer information and technical data generated, imported, entered or processed using the products or software.

The Customer is solely responsible for safeguarding, verifying, validating, ensuring the accuracy of and retaining its data.

4.24 Direct damage

Direct Damage" refers solely to damage which is the immediate, necessary and proven consequence of a contractual breach attributable to the Seller, to the exclusion of any indirect economic, commercial, sporting or organisational consequences.

4.25 Indirect damage

Indirect Damages" include in particular any loss of turnover, loss of profit, operating loss, loss of customers, loss of image, loss of chance, loss of data, loss of enjoyment, replacement costs, costs of organising an event, staff costs, travel costs, classification error, sporting dispute, competition cancellation, third party claim, loss of sponsorship, sporting sanction, loss of qualification, interruption of activity or economic consequence linked to an interruption, error or unavailability of a product or software.

These damages are excluded from any compensation by the Seller to the extent permitted by applicable law.

4.26 Force majeure

Force majeure" means any event beyond the reasonable control of the Seller which prevents, delays or makes more costly the normal performance of its obligations.

The following in particular are considered to be cases of Force Majeure: shortage of raw materials or components, disruption of supplies, supplier failure, strike, fire, flood, natural disaster, war, embargo, economic sanctions, cyber-attack, computer breakdown, network breakdown, administrative decision, customs blockage, epidemic, pandemic, transport restriction, logistical disruption, exceptional increase in costs or unavailability of an essential sub-contractor.

4.27 Gross negligence and fraud

Fraud" refers to intentional deception. Gross negligence" refers to a particularly serious breach of basic duties of care.

The exclusions and limitations of liability provided for in these GCS do not apply in the event of fraud or gross negligence where their exclusion is prohibited by Swiss law, in particular with regard to Article 100 of the Swiss Code of Obligations.

5. Products, software, availability and technical developments

5.1 Description of products

The products and software are presented as accurately as possible taking into account the information available.

However, the Customer acknowledges that visuals, photographs, renderings, illustrations, videos, colour indications, packaging or commercial presentations have no contractual value.

The technical characteristics, dimensions, weights, colours, components, materials, interfaces, compatibilities, functionalities or references may change at any time, in particular due to technical improvements, changes in suppliers, obsolescence, regulatory constraints or availability of components.

The products marketed by the Vendor are in sectors where technological developments are rapid. The Customer accepts that the products may be modified, replaced or adapted without this constituting a defect, provided that their essential functionality is reasonably preserved.

5.2 Information visible on the site

The sizes, colours, references, options, configurations and other specific features of the products are indicated, where possible, on the Seller's website.

The Customer remains responsible for choosing the product ordered, checking that it is compatible with his/her needs, equipment, environment and intended use.

5.3 Availability

Offers are valid while stocks last.

In the event of total or partial unavailability, the Seller may, at its discretion :

• inform the Customer ;
• offer an equivalent or replacement product
• defer delivery; or
• partially deliver;
• cancel all or part of the order;
• refund sums already paid for unavailable products.

No indemnity, penalty, compensation or damages may be claimed from the Seller as a result of unavailability.

5.4 Software and licences

With regard to software, all notions of sale, purchase, acquisition or supply must be understood as the granting of a user licence, without transfer of ownership to the Customer.

The licence granted is personal, non-exclusive, non-transferable, limited to the duration, number of users, media, devices, identifiers, versions and uses specified in the order or the applicable documentation.

In particular, the Customer undertakes not to:

• reproducing, copying, modifying, adapting or translating the software ;
• decompiling, disassembling or practising any reverse engineering;
• circumventing protection or licensing mechanisms;
• remove any intellectual property notices;
• make the software available to third parties;
• use the software to develop a competing product;
• transfer access or identifiers;
• use the software beyond the authorised scope.

The Seller does not guarantee that the software will function without interruption, without error, without security flaws or without incompatibility with the Customer's environment.

The Vendor does not guarantee the suitability of the software for a specific use, a specific competition, a particular sporting regulation, a federation, a third-party system or a need not expressly accepted in writing.

6. Orders

6.1 Formation of the order

Orders become binding on the Customer upon validation, signature, payment, acceptance of a quotation, sending of an order form or any other act demonstrating the Customer's intention to order.

They only become final for the Vendor after express acceptance, written confirmation, receipt of payment or commencement of execution.

The Vendor reserves the right to refuse any order, particularly in the event of an abnormal, fraudulent, incomplete or inconsistent order, from a Customer with whom a dispute exists, or presenting a risk of non-payment, international sanction, regulatory non-compliance or inappropriate use.

6.2 Orders placed on the website

For orders placed on the website, the process includes in particular :

• choosing products and adding them to the basket ;
• a summary of the basket before validation;
• the possibility of correcting errors before validation;
• the choice of delivery and payment methods;
• payment;
• order confirmation by e-mail;
• issue of an invoice.

Electronic confirmation only constitutes final acceptance subject to availability, validation of payment and the absence of any obvious error.

6.3 Obvious error

The Vendor may cancel or correct an order in the event of an obvious error relating in particular to the price, availability, description, delivery costs, taxes, currency or characteristics of the product.

An obvious error does not create any acquired rights for the Customer.

6.4 Preparation of orders

Orders are generally prepared within one to three working days after validation of payment, unless otherwise indicated, unavailability, peak activity, customised product, special order, anti-fraud check or logistical difficulty.

This time is indicative.

7. Prices

7.1 Currency and taxes

For deliveries in Switzerland, prices may be expressed in Swiss francs.

Applicable Swiss VAT is invoiced in accordance with the legislation in force when it is due.

For deliveries outside Switzerland or international transactions, prices may be expressed in another currency in accordance with the terms indicated at the time of the order.

7.2 Additional charges

Delivery charges appear when the basket is validated when the order is placed online.

Additional costs, in particular transport, packaging, insurance, eco-contribution, customs duties, import taxes, bank charges, conversion costs, administrative costs or specific services, are invoiced in addition, unless otherwise indicated.

In the case of imports, the Customer is responsible for customs duties, import VAT, customs clearance fees and administrative costs.

7.3 Price changes

The applicable price is in principle that in force at the time of the order, subject to manifest error, legal modification, exceptional variation in costs or special conditions.

Prices may be subject to annual revision or indexation, in particular according to changes in production costs, transport, energy, raw materials, components, exchange rates, salaries, insurance, taxes or relevant indices.

For professional Customers, the Seller may adapt the price even after the order has been placed in the event of a significant and unforeseeable variation in costs, subject to informing the Customer prior to execution where this is reasonably possible.

8. Terms of payment

8.1 Payability

Unless otherwise agreed in writing, payment is due immediately upon placing the order.

No delivery, licence activation, support service, customisation or provision of software is due until the payment due has been received in full.

8.2 Means of payment

Payment methods may include the following:

For Consumer Customers :

• bank card, with immediate debit ;
• Twint
• Bank transfer
• any other means expressly proposed by the Seller.

For business customers :

• bank card, with immediate debit or deferred debit if accepted ;
• Twint
• bank transfer ;
• any other method expressly accepted by the Seller.

On the website, payment by bank card may be the only method offered.

Each Customer receives an invoice after placing an order. For Consumer Customers, invoices may be available in the customer area where this function exists.

8.3 Late payment - B2B

In the event of late payment by a Professional Customer, the Seller may claim, without prior formal notice :

• interest on arrears of 8 % per annum;
• reimbursement of all collection, reminder, litigation, legal, prosecution or collection costs;
• immediate payment of all sums due, even if not yet due;
• suspension of deliveries, licences, subscriptions, media or services;
• refusal of any new order;
• the requirement of advance payment or guarantees.

Late payment does not give rise to any right to continued delivery or to the maintenance of previous commercial conditions.

8.4 Late payment - B2C

For Consumer Customers, the consequences of late payment apply to the extent permitted by applicable mandatory law.

In particular, the Seller may suspend performance of the order, refuse to accept a new order, claim interest and admissible costs, or terminate the contract in accordance with applicable law. In all cases, interest on arrears of 8% may be demanded without prior notice of default.

8.5 Offsetting excluded

The Customer may not set off a claim which it claims to have against the Vendor against amounts owed to the Vendor, except with the Vendor's written agreement or where the claim has been definitively recognised by an enforceable decision.

8.6 Payment security

Payments are secured via certified service providers.

The Seller does not store any sensitive banking data.

The Seller reserves the right to carry out anti-fraud checks, to request proof of payment or to refuse an order that presents a risk.

8.7 Currency and conversion

In the event of payment in a currency other than the Swiss franc, the amount may be converted according to the rate applicable on the day of the transaction or according to the rate applied by the payment service provider.

Any conversion costs, bank charges, exchange commissions or intermediary fees shall be borne by the Customer.

9. Delivery

9.1 General terms and conditions

Delivery refers to the handing over of the products to the Customer, to the carrier, to the forwarding agent, to the relay point, to the shop, or to any other person responsible for delivery.

Deliveries are made according to stock availability and in the order of processing selected by the Seller.

The Seller may make partial or total deliveries.

Delivery times are indicative and depend in particular on supplies, transport, customs formalities, the availability of components and peak periods.

Exceeding an indicative delivery time does not entitle the customer to any compensation, penalty, cancellation or withholding, unless there is an imperative provision to the contrary.

9.2 Delivery zones

Deliveries may be made in Switzerland, in the European Union and internationally, subject to acceptance of the order.

Certain geographical areas may be excluded or subject to specific conditions, in particular isolated areas, territories subject to restrictions, countries under sanctions, conflict zones or unserved destinations.

The Seller reserves the right to refuse any order to a destination which is not served or which presents a legal, logistical, customs or financial risk.

9.3 Delivery methods

Various methods of delivery are available:

• standard home delivery ;
• in-store delivery
• delivery to a relay point
• specialised carrier;
• collection by special agreement.

The method available is proposed to the Customer when the order is validated or agreed in writing.

9.4 Delivery address

The Customer is solely responsible for the accuracy, completeness and up-to-dateness of the delivery information.

In the event of an incorrect address, absence, refusal to accept delivery, impossibility of delivery or failure to collect:

• the cost of returning the goods shall be borne by the Customer;
• storage, return or processing costs may be invoiced;
• no reimbursement may be demanded if the parcel has been delivered to the address indicated by the Customer.

9.5 Indicative delivery times from Vola France

As an indication, delivery times may be as follows:

• Switzerland: 2 to 5 working days ;
• European Union: 3 to 7 working days;
• International: 5 to 12 working days.

These times may vary depending on the carrier, the destination, customs formalities, busy periods, weather conditions, strikes, administrative controls or any other external event.

9.6 Deliveries in Switzerland

For Consumer Customers in Switzerland, products are normally delivered within a maximum of 30 days from order confirmation, subject to availability, unless a longer period is expressly announced or accepted.

In the event of a substantial delay attributable to the Seller, the Consumer Customer may exercise the mandatory rights available to him.

For business Customers, lead times are indicative. Exceeding the deadline does not entitle the Customer to damages, cancellation or refusal of payment.

9.7 Incoterms and B2B

For professional sales, the agreed Incoterms, such as EXW, DAP or others, determine the respective obligations of the Parties with regard to transport, costs, formalities and risks.

Unless otherwise agreed, international deliveries are deemed to be made under the DAP Incoterm, with customs duties, taxes and import costs being borne by the Customer.

9.8 Deliveries outside Switzerland

International delivery times are indicative.

The Seller is not liable for delays due to customs formalities, administrative controls, border blockages, inspections, import restrictions, errors in declarations by the Customer or decisions by local authorities.

In the event of shipment outside the European Union or Switzerland, the Customer is considered to be the importer of the products. The Customer alone is responsible for complying with local regulations and for paying any duties, taxes and charges due.

The Seller may not be held liable for the non-conformity of products with foreign regulations that the Customer should have checked.

9.9 Order tracking

A tracking number may be communicated after dispatch when the carrier allows this.

The Customer can track the delivery via the carrier's website.

The absence or temporary unavailability of tracking does not constitute a defect or a breach by the Seller.

9.10 Late delivery

In the event of a delay, the Customer must allow the Vendor a reasonable additional period for performance.

For business Customers, the rights arising from Articles 107 to 109 of the Swiss Code of Obligations are excluded or limited to the extent permitted by law.

For consumer Customers, the mandatory rules remain reserved.

Delays in delivery do not release the Customer from its payment obligations for products already delivered or services already performed.

9.11 Loss or theft of packages

In the event of an allegedly lost parcel, an investigation may be opened with the carrier.

The processing time may vary, in particular between 5 and 30 days or more depending on the carrier and the destination.

In the event of formal confirmation of loss by the carrier, the Seller may, at its discretion :

• reship the goods ;
• offer a credit note; or
• refund the product concerned.

No refund is due until the loss has been confirmed by the carrier or the Seller's responsibility has been established.

10. International sales, export and local compliance

The products offered by the Seller may be marketed internationally, subject to acceptance of the order.

The Customer is solely responsible for checking that the products ordered comply with the legislation of the country of destination, in particular technical standards, approvals, import restrictions, customs requirements, local sporting rules, labelling obligations or restrictions on use.

The Seller cannot be held responsible if the products do not comply with foreign local regulations.

The Seller reserves the right to refuse any order from or to countries subject to trade restrictions, economic sanctions, embargoes, export controls or particular legal risks.

The Customer undertakes not to resell, export, re-export or use the products in violation of applicable laws, sanctions, embargoes or international restrictions.

11. Transfer of risk and retention of title

11.1 Transfer of risk

Unless there is a mandatory provision to the contrary or a written agreement to the contrary, the risks are transferred to the Customer as soon as the products are handed over to the carrier, forwarding agent, relay point, logistics agent or any other person responsible for delivery.

This transfer occurs even if the Seller organises the transport, invoices for the transport, offers carriage-paid delivery or still retains ownership of the products.

As soon as the risks are transferred, the Customer bears the consequences of any loss, theft, deterioration, delay, customs blockage, seizure or damage affecting the products.

11.2 Retention of title

Ownership of the material products is transferred to the Customer only after full, effective and irrevocable payment of the price, ancillary costs, taxes, interest, collection costs and all other sums due to the Vendor.

Until full payment has been made:

• the Customer holds the products on behalf of the Vendor;
• the Customer must keep the products in an identifiable and secure manner;
• the Customer may not transfer, pledge, give as security, transform or incorporate them in any way that infringes the Seller's rights;
• the Customer must immediately inform the Seller of any seizure, claim, complaint or intervention by a third party;
• the Customer undertakes to notify sub-purchasers or transferees of the existence of the reservation of title where this is necessary.

In the event of non-payment, the Seller may reclaim the unpaid products or, in the event of resale, exercise its rights over the debt corresponding to the unpaid products.

Software, licences, subscriptions and intellectual property rights are not subject to any transfer of ownership.

12. Acceptance, inspection, defects and transport damage

12.1 Obligation to check

The Customer must check the products immediately upon receipt.

This inspection must focus in particular on the apparent condition, quantities, references, packaging, accessories, documentation, visible damage and apparent conformity with the order.

12.2 Notification of apparent defects

Any apparent defect must be reported without delay in accordance with Art. 201 of the Swiss Code of Obligations, and at the latest within 5 working days of receipt.

Failing notification within this period, the products shall be deemed to have been accepted without reservation, to the extent permitted by applicable law.

In the case of professional Customers, failure to notify within the time limit shall result in the forfeiture of any claim relating to apparent defects.

12.3 Hidden defects

Any hidden defect must be reported immediately upon discovery.

The Customer must cease all use of the product concerned if such use is likely to aggravate the damage or prevent analysis of the defect.

The Customer must provide all useful evidence, in particular photographs, videos, serial numbers, conditions of use, configuration, technical environment, error messages, logs or reports.

12.4 Transport damage

In the event of transport damage, the Customer must make precise reservations with the carrier in accordance with the applicable procedures and promptly inform the Seller.

Failure to lodge reservations with the carrier may limit or exclude any acceptance of the goods.

If the defect is exclusively attributable to the Seller and has been duly established, the costs of returning and sending back the goods may be borne by the Seller.

12.5 Product analysis

The Seller may make any guarantee or assumption of liability subject to prior examination of the product.

No defect will be accepted until the Seller has been able to analyse the product or obtain sufficient information.

If the analysis reveals that there is no defect attributable to the Seller, misuse, normal wear and tear or an external cause, the costs of analysis, transport, intervention or diagnosis may be invoiced to the Customer.

13. Returns procedure - RMA

All returns require :

• prior agreement from the Seller ;
• the allocation of an RMA returns number;
• appropriate packaging;
• sending the requested documents;
• compliance with the return address provided.

No unauthorised returns will be accepted.

The Seller may refuse any parcel returned without an RMA, insufficiently packaged, incomplete, damaged, soiled, used beyond what is necessary for analysis, or not corresponding to the initial request.

The risks of the return shall be borne by the Customer until actual receipt by the Seller.

The Customer is responsible for the correct routing of the returned products.

14. Types of returns

14.1 Defects or errors attributable to the Seller

Where the defect or error is exclusively attributable to the Seller and is duly established, the Seller may bear the reasonable costs of return and reshipment.

The Seller is free to choose between repair, replacement, credit note or reimbursement where mandatory law does not provide otherwise.

14.2 Commercial return or exchange

A commercial return or exchange with no defect attributable to the Seller is a commercial favour, never an acquired right.

In this case :

• the cost of returning the goods is borne by the Customer ;
• the initial delivery costs may be retained by the Seller;
• a discount may be applied;
• a credit note may be preferred to a refund;
• the Seller may refuse the return without justification.

14.3 Customised products, software and consumables

Unless the defect is exclusively attributable to the Seller, the following are excluded from any return:

• customised products ;
• specially configured or ordered products
• activated software ;
• licences, subscriptions or digital accesses that have been started;
• unsealed products ;
• consumables ;
• hygiene or safety products;
• used, incomplete or damaged products.

15. Withdrawal and commercial returns

Unless otherwise agreed in writing, the Customer has no right of withdrawal.

Swiss law does not provide for a general right of withdrawal for online purchases; a voluntary return may therefore be subject to the conditions set by the Seller.

The Seller may, on a purely commercial basis, accept certain returns within a period of 14 days, provided in particular that :

• the product has not been used
• the packaging is intact and complete
• accessories and instructions are returned
• the product is not personalised
• the product is not activated software, a licence or a subscription that has been started;
• the return has been authorised in advance.

A discount may be applied in particular in the event of damaged packaging, opened product, necessary reconditioning, technical inspection, administrative costs or loss of value.

Products must be sent to the address communicated by the Seller, in particular, if applicable :

VOLA Racing CH

Route de Chandoline 27B

1950 Sion 4

Switzerland

For practical information, the Customer may refer to the "returns" section of the Website, subject to the primacy of these GTCS.

For international orders, return costs, customs formalities, transport risks, taxes, blockages and reporting errors are the sole responsibility of the Customer, unless an error is attributable to the Seller.

No reimbursement will be made in the event of loss of the return parcel, customs blockage or incorrect declaration attributable to the Customer.

16. Guarantees

16.1 Principle

Products are guaranteed in accordance with art. 197 ff of the Swiss Code of Obligations, subject to the limitations, exclusions and terms and conditions set out in these GTC insofar as permitted by Swiss law.

For Consumer Customers, mandatory rights remain reserved.

For professional Customers, warranties are limited to the maximum permitted by law.

16.2 Warranty period for new products

Unless otherwise stipulated, the warranty period for new products is 24 months from delivery.

For Professional Customers, a different period may be stipulated in the offer, invoice, documentation or special conditions.

The guarantee begins on the date of delivery or, in the event of collection, on the date of availability.

16.3 Remedies for defects

In the event of a duly established defect attributable to the Seller, the Seller is free to choose, to the extent permitted by law:

• repair ;
• replacement ;
• issue of a credit note
• reduction of the price; or
• reimbursement.

In the case of business customers, the Customer may not impose a specific remedy.

Any additional claim, in particular damages, operating loss, replacement costs, third-party intervention costs or loss of sporting results, is excluded to the extent permitted by law.

16.4 Transport costs

Transport costs will be borne by the Seller only in the event of a proven defect attributable to the Seller and accepted in advance by the latter.

In all other cases, the cost of transport, diagnosis, return, customs, insurance or reshipment shall be borne by the Customer.

16.5 General warranty exclusions

The guarantee is excluded in particular in the event of :

• normal wear and tear
• misuse
• use that does not comply with the documentation
• lack of maintenance ;
• improper storage
• dropping, knocks, breakage, crushing;
• damp, cold, heat, dust, corrosion ;
• overvoltage, power failure, faulty battery;
• modification or repair by a third party;
• incorrect installation ;
• use with non-compatible accessories;
• incompatibility with a third-party system;
• network, radio, Bluetooth, Wi-Fi, GPS or computer interference;
• weather or environmental conditions;
• intensive use or competition not expressly accepted;
• defects caused by the Customer, a third party, a carrier or an organiser.

16.6 Replaced parts

Any replaced part becomes the property of the Seller.

Replacement parts may be new, equivalent or reconditioned, provided that they provide reasonably equivalent functionality.

16.7 Standard products

The products delivered are standard products, unless otherwise agreed in writing.

They are not designed for applications presenting a particular risk to people, property, safety, business continuity, official results or the organisation of critical events.

Any use in a critical context is the sole responsibility of the Customer, unless specifically agreed in writing by the Seller.

16.8 Software

Software is supplied as is, under licence for use.

The Seller does not guarantee :

• the absence of errors ;
• uninterrupted operation ;
• compatibility with all hardware, systems, browsers, networks or peripherals;
• no loss of data;
• suitability for a specific purpose
• continuity of access in the event of maintenance, cyber-attack, network breakdown or supplier decision.

The Customer is responsible for its own back-ups, configurations, prior tests and updates.

16.9 Dongles, media and keys

Hardware media, keys, dongles or activation devices are distinct from software rights.

The loss, theft, deterioration or incompatibility of a medium does not automatically entitle the user to a new licence free of charge.

A charge may be made for replacement.

17. Clause specific to timing systems

The timing systems, software, cells, sensors, chips, antennas, cables, boxes, dongles, interfaces, networks, batteries, applications and associated services are supplied as technical tools to assist in the measurement, organisation and processing of sports information.

The Seller does not guarantee :

• the absolute and permanent accuracy of the measurements ;
• the total absence of human, technical or computer error;
• the continuity of the signal
• the absence of interference;
• compatibility with all environments;
• official recognition of results;
• approval by a federation;
• no sporting disputes;
• compliance with any sporting regulations not expressly communicated and accepted in writing.

The Customer remains solely responsible for :

• the choice of the appropriate system ;
• installation ;
• setting the parameters ;
• preliminary tests ;
• calibration ;
• user training ;
• the presence of competent personnel;
• data back-up ;
• time verification ;
• validation of results ;
• sports homologation;
• setting up a back-up system.

It is the Customer's responsibility to provide, prior to any competition or event, procedures for checking, duplicating, backing up, manual timekeeping, technical redundancy or validation by a jury that are appropriate to the importance of the event.

Any liability on the part of the Vendor for any error in time, error in classification, sporting dispute, cancellation or disruption of a competition, loss of data, loss of result, loss of qualification, claim by a participant, decision by a jury or refusal of homologation is excluded to the extent permitted by the applicable law.

18. Liability

18.1 Principle

The Vendor's liability is limited to direct, proven damage attributable exclusively to a breach of contract by the Vendor.

The Customer must prove the breach, the damage, the causal link and the amount of the damage.

18.2 Maximum liability

To the extent permitted by Swiss law, the Vendor's total liability, all causes combined, is limited to the amount actually paid by the Customer for the product, software, licence, subscription or service affected by the damage.

18.3 Exclusion of indirect damage

The following are excluded from any compensation

• loss of turnover ;
• loss of profit ;
• loss of business ;
• loss of clientele
• loss of image
• loss of chance ;
• loss or corruption of data ;
• replacement costs ;
• cost of hiring alternative equipment;
• staff costs;
• event organisation costs ;
• classification error ;
• timing error ;
• sporting dispute ;
• cancellation or postponement of a competition
• third-party claims ;
• loss of sponsorship ;
• sporting sanctions;
• indirect economic or commercial consequences.

18.4 Data

The Customer is solely responsible for regularly backing up its data.

The Seller shall not be liable for the loss, corruption, deletion or unavailability of data, except in cases of gross negligence or wilful misconduct where liability cannot be excluded.

18.5 Products used with third parties

The Seller shall not be liable for malfunctions related to third-party equipment, software, networks, accessories, batteries, computers, operating systems, browsers, operators, platforms, cloud services or devices.

18.6 Mandatory exceptions

The limitations of liability do not apply in the event of fraud, gross negligence, personal injury or mandatory product liability where the applicable law prohibits exclusion.

19. Personal data

Personal data is processed in accordance with the Swiss Federal Data Protection Act and the GDPR where applicable.

19.1 Data controller

The data controller is :

VOLA SARL

37 avenue de Saint-Martin

74190 Passy

France

19.2 Purposes

Personal data is collected and processed for :

• order management ;
• deliveries ;
• invoicing ;
• accounting ;
• customer relations
• support ;
• management of subscriptions and software services ;
• fraud prevention ;
• commercial canvassing where authorised;
• compliance with legal obligations.

19.3 Legal basis

Processing is based in particular on :

• performance of the contract ;
• legal obligations
• the legitimate interests of the Seller;
• consent where required.

19.4 Categories of data

The data processed may include :

• surname, first name, company ;
• address, e-mail, telephone ;
• order data
• billing data
• technical data relating to software;
• payment data processed by secure service providers;
• connection or usage logs.

19.5 Recipients

Data may be transmitted to :

• logistics service providers ;
• payment service providers
• hosting providers ;
• IT suppliers;
• legal or accounting advisers;
• authorities where required by law.

19.6 Secure payment

Payments are processed via certified service providers, in particular Datatrans, which comply with PCI DSS standards where relevant.

Credit card details are not stored by the Seller.

19.7 Retention period

Data is kept for as long as is necessary for the purposes pursued, in particular :

• duration of the contractual relationship ;
• legal accounting and tax obligations;
• time required to manage disputes;
• applicable limitation periods.

19.8 International transfers

In the event of data being transferred outside Switzerland or the European Union, transfers are made to countries recognised as adequate or subject to appropriate safeguards.

19.9 Individual rights

Depending on the applicable law, the Customer has the following rights in particular:

• access ;
• rectification ;
• erasure ;
• limitation ;
• opposition ;
• portability where applicable.

These rights may be exercised at the following address: vola@vola.fr.

19.10 Data breaches

In the event of a data breach likely to result in a high risk for the persons concerned, the Seller will make the required notifications in accordance with the applicable legislation.

The detailed privacy policy is available on the Seller's website.

20. Force majeure and unforeseen circumstances

The Seller may not be held liable for any delay, impediment, partial non-performance, additional cost or impossibility of performance resulting from a case of force majeure as defined in these GCS.

In the event of force majeure, the Vendor's obligations are suspended for the duration of the event, without compensation.

If the event is prolonged or renders performance economically or materially unreasonable, the Seller may cancel all or part of the order, propose an alternative solution or modify the deadlines.

In the event of an unforeseeable change in circumstances making performance excessively onerous for the Seller, in particular a substantial increase in costs, shortage, regulatory change, supplier failure or significant currency variation, the Parties undertake to renegotiate in good faith.

Failing agreement, the Vendor may suspend or terminate the order concerned, without compensation other than reimbursement of any sums paid for services not performed.

21. Disputes and amicable resolution

In the event of any difficulty, the Parties shall endeavour to find an amicable solution before any legal proceedings.

This amicable attempt does not deprive the Seller of the right to take immediate action for recovery, provisional measures, protection of its intellectual property rights, recovery of material, cessation of unlawful use or safeguarding of evidence.

22. Electronic evidence, signature and archiving

22.1 Electronic evidence

Orders, confirmations, invoices, e-mails, messages, electronic exchanges, computer logs, connection histories, payment histories, shopping basket validations and data stored in the Vendor's systems constitute admissible and opposable means of proof, in the absence of proof to the contrary.

These computerised registers, kept under reasonable security conditions, are proof of the transactions and communications between the Parties.

22.2 Electronic signature

The Customer acknowledges that the validation of an order by clicking, ticking a box, payment, electronic validation or any other equivalent process constitutes an electronic signature and expresses his/her consent to these GTS.

This validation has the same contractual effect as a handwritten signature to the extent permitted by applicable law.

22.3 Archiving

The Seller shall archive electronic orders and contracts in accordance with its internal procedures and applicable legal requirements.

For orders exceeding a legal threshold or a threshold defined by the Vendor, documents may be kept for a minimum period of ten years.

The Customer may request access to archived documents, subject to verification of identity, technical feasibility and applicable retention periods.

22.4 B2B - reinforcement of proof

For sales concluded between professionals, the Parties agree that the electronic registers, computer logs and logs of the Vendor constitute decisive proof of orders, validations, accesses, exchanges, activations and operations, except in the case of fraud or manifest error demonstrated by the Customer.

23. Intellectual property rights

All of the elements present on the Vendor's Internet site, in particular texts, images, photographs, illustrations, logos, brands, videos, graphics, data sheets, databases, software, documentation, methods, architectures, interfaces and content, are the exclusive property of the Vendor or are the subject of duly authorised rights of use.

These elements are protected by Swiss law, applicable international conventions and, where relevant, applicable foreign laws.

Any reproduction, representation, modification, adaptation, translation, extraction, dissemination, distribution, decompilation, re-use or exploitation in whole or in part, by any process whatsoever and on any medium whatsoever, is prohibited without the Vendor's prior written authorisation.

The Customer does not receive any intellectual property rights other than the right of use strictly provided for in these GCS or in the special conditions.

Any unauthorised use may incur the civil and criminal liability of its author.

24. Confidentiality

The Customer undertakes to keep confidential all technical, commercial, pricing, software, documentary or strategic information received from the Vendor and not publicly available.

This obligation applies in particular to specific quotations, non-public documentation, commercial conditions, software access, configuration methods, identifiers, support information, technical exchanges and information relating to products under development.

The Customer may not communicate this information to a third party without the Vendor's written consent.

This obligation shall survive termination of the contract.

25. Suspension, termination and deactivation

The Seller may suspend or terminate all or part of an order, licence, subscription, support or service in the event of :

• non-payment ;
• breach of these GCS ;
• illicit or unauthorised use;
• unauthorised transfer of a licence;
• infringement of intellectual property rights;
• abusive behaviour towards the medium;
• security risk ;
• fraud or attempted fraud;
• legal sanction or restriction.

In the event of suspension or termination attributable to the Customer, the sums already paid shall be retained by the Vendor, without prejudice to any damages.

26. Miscellaneous

26.1 Partial nullity

If a clause of these GCS is declared null, invalid or inapplicable, the other clauses remain fully valid.

The clause in question will be replaced, as far as possible, by a valid clause producing an economic effect as close as possible to the original intention favourable to the Seller.

26.2 No waiver

The fact that the Seller does not avail itself of a clause at a given time does not constitute a waiver of its right to do so at a later date.

26.3 Sub-contracting

The Vendor may freely use subcontractors, carriers, payment service providers, hosts, IT suppliers, technicians or partners to perform its obligations.

26.4 Assignment by the Seller

The Seller may assign, transfer or contribute all or part of its rights or obligations to an affiliated entity, a transferee, a distributor, a partner or a successor, without the Customer's prior consent, subject to applicable mandatory rights.

The Customer may not assign its rights or obligations without the Seller's written consent.

27. Applicable law and jurisdiction

These GTC are governed by Swiss law, in particular the Swiss Code of Obligations.

For professional and consumer Customers, any dispute relating to the conclusion, validity, interpretation, performance, non-performance or termination of these GCS, as well as any contractual relationship entered into with the Vendor, shall be subject exclusively to the jurisdiction of the competent courts of the Vendor's Swiss registered office or, failing that, of the place of jurisdiction chosen by the Vendor, subject to mandatory rules to the contrary.

In all cases, Swiss law is applicable.

The Seller retains the right to act at the Customer's place of residence, registered office or assets, in particular for the collection of debts, the recovery of material, the protection of its rights or urgent measures.