Terms and Conditions
1. Sales prices and payments
Our prices are understood in Swiss Francs or Euros, including VAT for Switzerland and EU countries, excluding VAT for all other countries. The methods of payment accepted are PayPal, Visa and MasterCard. Please note that it is not possible to pay in cash or with EC-Direct.
2. Prices and terms of the flight instruments
The prices and terms listed at the time of ordering apply. A correction of obvious errors and typing mistakes remain reserved. Compensation demands due to obvious errors and typing mistakes are excluded. It may happen that there are difficulties with the supply of electronic parts. We therefore cannot accept any responsibility or assume any guarantee for delivery times.
3. Discounts for Flight Schools and resellers
Flight Schools and resellers can order XC Tracer with a special discount. If you are interested please write a mail at firstname.lastname@example.org.
4. Delivery dates
Shipping to customers in the EU is done normally on Mondays. Shipping to all other customes is normally done within the following 1-2 business days when in stock. Should this not be possible we will notify our customers accordingly.
5. Deliveries and shipping cost within Switzerland the European Union
The costs for packaging and transport are already included in the published prices. Deliveries are handled by Swiss Post. There are no additional custom fees or VAT that need to be paid, this cost is already included in the sales price.
6. Deliveries and shipping cost to foreign countries (without EU)
The costs for packaging and transport are already included in the published prices. The merchandise is shipped via Swiss Post / Post Economy. All taxes, tariffs, fees, import and export duties which arise after the beginning of the delivery must be paid by the customer.
7. Right to return
After prior consultation we provide for undamaged and unused goods a right of return within 10 days. The customer has the right of return in the event of faulty delivery from our side. Incorrect deliveries caused by the customer do not entitle automatically to return the ordered goods. The return period is preserved by the timely sending of the goods (invoice date). If the purchase agreement is revoked we will charge a fee of 10% of the value or at least CHF 20.- if there is no error made by XC Tracer GmbH, and we will also charge for all the shipping fees.
8. Passing or risk
The risk is transferred to the customer no later than at the time the purchased items are shipped.
The warranty granted by ourselves shall extend to all defects arising within the agreed warranty period of one year after shipping, in so far as such shall have been shown to be caused by faulty materials or workmanship.
Warranty replacement parts will be shipped after receipt of the parts to be replaced. However, our liability shall be limited to our choice of replacement, repair of the defective goods or to refund the invoice value of unreplaced parts. Any further liability, especially for coverage of costs of disassembly or reassembly, software installation and configuration as well as for any other damages caused directly or indirectly by the parts in question or the use thereof, cannot be accepted.
During this time, no replacement devices are provided. Alterations or repairs as well as failure to observe operating instructions will void our liability; so far there is no written consent on our part. For Software, no warranty is granted.
The customer is obliged to examine the goods for transportation damage immediately on delivery and to communicate the damage to us in writing and to document the damage with the carrier. In the case of obvious or hidden faults, the customer must report these to us in writing within 10 days of their becoming evident. Otherwise the guarantee is dropped for these faults. The warranty is valid for 12 months from the date of delivery. In case of complaints, the purchasing date must be proven by an invoice. he article giving rise to complaint must be sent to us sufficiently franked together with a copy of the invoice and a meaningful description of the error.
The warranty does not apply to the normal wear and tear of the goods. The warranty expires when the customer or any third party installs other code than the one provided through www.xctracer.com, or when the enclosure of the device is opened or when the device is otherwise altered.
During the warranty period Team XC Tracer GmbH has the right of rectify any faults or deliver replacement goods without charge. A partial or complete exchange of the article is permissible.
If the fault is not repaired within a reasonable period of time the buyer can claim conversion or reduction of purchase price.
10. Personal information
We undertake to protect your data in accordance with the Swiss Data Protection Act. Information given to us will naturally be kept in confidence and will not be given to third parties without your permission.
The homepage layout, the graphs and illustrations used as well as data that can be downloaded are copyrighted. Reproduction or use without the express permission of XC Tracer GmbH is prohibited. All rights reserved.
12. Limitation of Liability
We exclude all liability for any damages caused directly or indirectly by the delivered goods themselves, their use or their shortcomings will be rejected. The same applies to the contents of the web site. The customer uses the instruments at his own responsibility and at his own risk.
In no event shall XC Tracer GmbH be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data or other such pecuniary loss), whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if XC Tracer GmbH has been advised of the possibility of such damages. In no event will XC Tracer GmbH’s total aggregate and cumulative liability to you for any and all claims of any kind arising hereunder exceed the amount of fees actually paid by you for the device, license keys or data giving rise to the claim in the twelve months preceding the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You will, at your own expense, indemnify and hold XC Tracer GmbH, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of an XC Tracer device, software, firmware, license key, or data by you, any party related to you, or any party acting upon your authorization.
14. Place of jurisdiction and applicable law
Swiss law alone shall apply. Court of jurisdiction is Bern.