General Terms and Conditions (GTC) valid from 1 July 2024

General

All our offers, quotations and sales are governed exclusively by our following Terms and Conditions of Sale and Delivery (GTC). Any deviating or additional agreements are valid only if expressly agreed in writing.Our Terms and Conditions may be changed at any time. Delivery terms and processing rates are set out separately.

Offers

Our stock lists, sales documents and offers are non-binding. The price valid on the date of delivery is decisive.

Prices

All our dealer prices are stated in the corresponding national currency, excluding VAT (gross purchase price, BEP) and excluding packaging and transport costs.We reserve the right to adjust prices due to changes in purchase prices, exchange rates or customs duties, as well as other unforeseeable events.Retail prices are recommended retail prices (UVP) including VAT.

Delivery periods

All agreed delivery dates are approximate and non-binding. We are entitled to make partial deliveries at any time. Deliveries are made at the recipient's expense and risk. We reserve the right to deliver only against advance payment or cash on delivery. Cancellations and claims for damages in the event of any delays or deliveries that are not made at all cannot be accepted.

Payment

Payment must be made no later than 30 days after the invoice date. Invoices are sent by email as standard. A fee will be charged for separate postal dispatch of the invoice. The delivered goods remain our property until payment has been made in full. We are entitled to demand the return of the goods, even if part of the purchase price has already been paid. In the event of late payment, we reserve the right to withhold further deliveries and, without setting an additional grace period, to withdraw from all contracts and obligations. In the event of late payment, expenses, default interest and reminder fees will be charged.Unjustified deductions will be charged subsequently. Set-off against counterclaims is not permitted.If the buyer's financial situation deteriorates after the contract is concluded or the buyer is in arrears with payments, we are entitled either to deliver only against payment of all outstanding amounts (payment in advance) or to withdraw from the contract.We reserve the right to submit payment history data to an information pool for the purpose of sharing payment information.

Shipping and packaging

We reserve the right to determine the appropriate shipping and packaging method at the buyer’s expense. Risk and benefit always pass to the buyer, at the latest when the goods are dispatched from our warehouses. Shipping and packaging costs are invoiced per package according to our tariff list, depending on the carrier and the scope of the delivery.For orders with a value of less than CHF 50.–, a small-quantity surcharge of CHF 10.– is charged. Free delivery is provided for order amounts exceeding CHF 2,500.–, or exceeding CHF 500.– for online orders (excluding hard kayaks and boards). Packages longer than 100 cm are subject to a bulky-goods surcharge of CHF 6.–.

Notification of defects

The buyer must inspect the goods immediately upon receipt with due care regarding quantity, dimensions, and quality and must notify us of any defects no later than 8 days after receipt. We will replace demonstrably defective goods upon return of the defective goods free of charge or credit the invoiced amount, at our discretion. Any further claims, compensation, rescission, or reduction are expressly excluded. Any claim against us requires the buyer to provide proof of due care in handling and proper storage of the goods.

Returns

Returns are accepted if the product is unused, in its original packaging, has its original labels, is complete, and has no additional labels or adhesive residue on the product or packaging. Every return must be sent back with the original delivery note and a CATRADE return form. If the original delivery note and return form are missing, we charge a processing fee of CHF 10.–. Goods returned within 15 days of the invoice date will be credited according to the invoice. Goods that arrive at CATRADE between 15 and 45 days after the invoice date will be credited with a 15% deduction. Goods that arrive at CATRADE more than 45 days after the invoice date will not be accepted and will be returned at the customer's expense. For goods that are not in their original packaging or have additional labels attached, we charge between CHF 15.– and CHF 25.–, depending on the work involved. If part of a selection shipment is returned, we charge a processing fee of CHF 10.–. Returns must be sufficiently stamped. We reserve the right to deduct any postage costs. Credits are issued only for the value of the goods, excluding postage and packaging costs.

Warranty

In principle, the suppliers' written warranty terms apply. For warranty claims, the customer receipt showing the date of purchase is mandatory. Otherwise, no warranty can be provided and any repairs must be charged to the customer.Material defects will primarily be repaired. If repair is not possible, the product will be replaced with equivalent goods. If replacement is not possible, the value of the goods will be credited at the retailer's invoiced price.Further claims, for example for disassembly/assembly or consequential damage resulting from continued use, or general claims for damages, are excluded. All products must be cleaned before being submitted for warranty inspection. Work not performed under warranty will be charged according to the time and materials required. Warranty returns must be sufficiently prepaid.

Retail Store Standard

All retailers must meet the following minimum standards:

The retail stores must be kept clean and in perfect condition.

During normal business hours, sales staff with the appropriate knowledge must be available to provide consumers with adequate information about products from the brands in the CATRADE brand portfolio.

The design, layout, and furnishings of retail stores must be consistent with the respective brand image of the CATRADE brand portfolio.

All consumer inquiries must be answered within 24 (twenty-four) hours.

Compliance with CATRADE’s limited warranty and all statutory warranty obligations, including taking responsibility for deciding whether to carry out a repair or honor the warranty.

Compliance with industry best practices and applicable law, including the Swiss data protection regulations.

Compliance with all applicable laws regarding the cancellation or return of purchased items.

Clear and unambiguous guidelines for online sales help ensure that the brand image and customer experience associated with the brands in the CATRADE portfolio are consistently maintained at a high level. All CATRADE retailers that sell, advertise, and market products from the CATRADE portfolio to end consumers over the internet must comply with these guidelines. CATRADE is entitled to amend these guidelines at its own discretion and at any time. These online guidelines supplement CATRADE’s General Terms and Conditions and are recognized as such by all parties concerned. CATRADE may inspect any website used by an online retailer at any time to verify compliance with these guidelines. If CATRADE determines that the presence of its products on a particular website may damage the reputation or brand image of the brands represented by CATRADE, CATRADE may require the online retailer to immediately cease selling products from the CATRADE portfolio on that website.

Third-Party Platforms and Marketplaces

Any online retailer that sells products from the CATRADE portfolio on marketplaces or platforms must disclose its identity to consumers before the sale is completed.

Online retailers may not sell products from the CATRADE portfolio on marketplaces or platforms that allow consumers to purchase products through an auction.

CATRADE reserves the right to segment and limit the brands and product lines that online retailers may sell on third-party marketplaces or platforms.

Online retailers may offer current merchandise on third-party marketplaces only after December 31 (winter merchandise) or June 30 (summer merchandise).

Sales Promotion and Communication

Online retailers must publish detailed and accurate product descriptions and specifications for products from the CATRADE portfolio on their websites.

All texts on an authorized website must be written at a native-speaker level for all language versions offered.

The CATRADE branded products offered must fit the main product categories carried.

Online retailers must not use aggressive advertising practices that could damage the image of brands in the CATRADE portfolio, such as visibly crossing out prices or using phrases such as “clearance sale,” “bargain prices,” etc. This is not intended to influence the resale price. Each online retailer may set its resale prices at its own discretion.

The official and current brand logos must be published on the online retailer’s website.

Technical Standards

All websites used by online retailers must meet the following minimum standards:

They must have industry-standard features and functions and, in particular, indicate the availability and unavailability of a product from the CATRADE portfolio at the time the consumer places the order, accept all industry-standard payment methods, offer shipping within a customary timeframe with various delivery options, and provide an order number to enable order tracking.

They must be compatible with current versions of industry-standard internet browsers and render properly on common devices (e.g., mobile responsiveness).

They must use technologies such as SSL to protect confidential and personal consumer information in accordance with industry standards and applicable laws and to ensure its security.

They must have an up-to-date privacy policy and collect and use consumer data in accordance with industry best practices and applicable law.

Product images must meet a high quality standard so that the products are clearly visible.

Customer service

All online retailers must meet at least the following standards:

The homepage of every authorized website must list a telephone number and an email address through which the provider's customer service can be reached.

During normal business hours, customer advisors with adequate product knowledge of the brands in the CATRADE portfolio must be available.

Customer advisors must respond within 24 hours to consumer inquiries.

Compliance with all applicable laws concerning the cancellation or return of purchased items.

Law and Place of Jurisdiction

Swiss law applies. The place of jurisdiction for all disputes is CH-6210 Sursee LU.

Büron, June 2024 CATRADE AG