General terms and conditions & privacy policy

1.1 These General Terms and Conditions (GTC) govern all contracts between epico.ch SA (the «Supplier») and its customers (the «Customer») for making, supplying, repairing and fitting made-to-measure upholstery and trim (marine, cars and classic cars, aviation, industry) and related services, as well as the sale of items, accessories and materials (shop) under art. 16.

1.2 A «consumer» is a Customer ordering for personal or family use; clauses marked «business customers only» do not apply to consumers.

1.3 In the event of conflict the following order of precedence applies: individual written agreements, quote or order confirmation, these GTC, the law. The Customer's own terms apply only if accepted in writing by the Supplier.

2.1 Unless stated otherwise, the quote is valid for 30 days from its date of issue and supersedes any previous offer.

2.2 The contract is concluded by signing the quote, by order confirmation (including by e-mail or electronically) or, failing that, by the start of work at the Customer's request.

2.3 Measurements, surveys and templates taken by the Supplier are the binding basis of the work. Where the Customer provides their own measurements, drawings or instructions, the Customer is responsible for them.

● 3.1 Fixed price and approximate estimate — Items marked «lump sum» or «fixed price» are fixed prices under art. 373 CO. All other items, and quotes marked «indicative», are approximate estimates under art. 375 CO: actual quantities and hours apply.

● 3.2 Deviations — For an approximate estimate, an overrun of up to 10% of the quoted amount is deemed accepted. If a larger overrun is foreseeable, the Supplier informs the Customer before continuing and asks for confirmation. If the Customer withdraws, the Customer pays for the work done and the materials purchased or already processed (art. 375 CO).

3.3 Time-and-materials work is charged at CHF 118.90 per hour including 8.1% VAT (CHF 110.– excluding VAT), unless the quote states otherwise. Travel and travel time as per quote.

3.4 Prices are in Swiss francs (CHF). VAT is due at the statutory rate in force when the service is provided. Prices for consumers are stated including VAT.

● 3.5 Shipyard costs — Costs that the reference shipyard invoices to or claims from the Supplier for the Customer's job (e.g. transfers, preparation work, commissions or similar services) are passed on to the Customer at actual cost, without any mark-up, plus VAT.

4.1 Changes requested after conclusion of the contract must be confirmed in writing (e-mail is sufficient). The Supplier states the effect on price and deadlines, which applies under clause 3.

4.2 If hidden defects in the object come to light during the work (e.g. deteriorated structures, bases or fixings), the Supplier informs the Customer. Without the Customer's consent it carries out only the work essential to prevent damage.

5.1 The Supplier may request deposits of up to 90% of the order value, as stated in the quote or order confirmation. The delivery period starts on receipt of the deposit.

● 5.2 Due date and default — Invoices are payable within the period stated on the invoice or, failing that, within 30 days of the invoice date. This period is the agreed due date (art. 102 para. 2 CO): on its expiry the Customer is in default without further notice.

● 5.3 In the event of default, interest of 5% a year (art. 104 CO) and, from the second reminder, a fee of CHF 20.– per reminder are due. Further damages (collection costs, storage, insurance, disposal) are reserved.

5.4 If a deposit or an overdue invoice is not paid, the Supplier may suspend the work; delivery dates are extended accordingly.

5.5 The Supplier may require payment of the balance no later than on delivery or collection of the product.

● 5.6 Right of retention — Until full payment the Supplier has a right of retention (art. 895 et seq. CC) over the Customer's property in its possession (boats, vehicles, seats, cushions, covers etc.).

5.7 Business customers only: set-off against disputed claims or claims not established by a court is excluded.

5.8 Online payments — Online card payments are processed by myPOS; card details are handled by myPOS only. Accepted payment methods and how they work: www.epico.ch/en/payments.

5.9 Refunds — Amounts owed to the Customer are refunded using the same payment method (card or TWINT via myPOS; bank transfer for payments by invoice or in cash) within 14 days of being acknowledged. Double payments or overpayments are refunded or, at the Customer's request, set against the next invoice.

6.1 Delivery dates are indicative and not binding. The production slot is reserved only on order confirmation and receipt of any deposit, subject to availability at that time.

6.2 Dates are extended appropriately in the event of force majeure, supplier delays, weather unsuitable for work on the water, order changes or delays by the Customer (e.g. object not available, missing information or payments).

6.3 A date is binding only if designated in writing as a «fixed date». Even then, before withdrawing or claiming damages the Customer must set a reasonable grace period (art. 107 CO).

● 7.1 The Customer may withdraw from the contract as long as the work is not completed, by paying for the work done and fully indemnifying the Supplier (art. 377 CO). As a lump-sum indemnity the following are due:

– more than 10 days before the planned start of work: 10% of the order value (min. CHF 150.–);

– within 10 days of the planned start: 30% of the order value;

– once work has started: the work done plus 30% of the remaining order value;

– in every case: materials already ordered, cut or made to measure, at the contract price.

7.2 Deposits paid are credited. Both parties reserve the right to prove greater or lesser actual damage.

8.1 The Customer makes the object available at the agreed place and time, clean, dry and freely accessible. For work on the water the boat must be moored securely and be accessible from land (not at a buoy unless agreed). Waiting time and wasted journeys are charged on a time basis.

8.2 For materials supplied by the Customer (fabrics, leather, fittings) the Supplier gives no warranty as to quality, suitability or quantity. If it considers them unsuitable it informs the Customer (art. 365 para. 3 CO); if the Customer insists, the risk lies with the Customer (art. 369 CO).

● 8.3 Custody and insurance — The Supplier keeps the Customer's property with the usual care. Insurance of boats, vehicles and other property of the Customer (comprehensive, theft, fire, natural hazards) remains the Customer's responsibility. Personal belongings and valuables must be removed before handing over to the workshop.

8.4 The Customer authorises the Supplier to move boats and vehicles for technical reasons (loading, testing, positioning).

9.1 The Customer collects the product or object within 10 days of notice that it is ready. For fitting work, the work is handed over on completion of fitting.

● 9.2 Storage fees — After the collection period, the Supplier may charge storage of CHF 10.– per day for products and components and CHF 30.– per day for boats and vehicles (including 8.1% VAT).

● 9.3 Failure to collect — If the Customer does not collect within 60 days of notice of readiness despite a registered reminder setting a further 30-day deadline, the Supplier may: a) for products made from its own materials, withdraw from the contract, dispose freely of the product and retain deposits against its loss; b) for objects owned by the Customer, exercise the right of retention and realise them through debt enforcement (DEBA) or, within the limits of the law, deposit or sell them (art. 92–93 CO). The net proceeds, after deduction of the Supplier's claims, are paid to the Customer.

9.4 Benefit and risk pass to the Customer on delivery or collection; if the Customer is in default of collection, when the default begins (art. 376 CO). For shipment they pass on handover to the carrier.

● 10.1 The Customer inspects the work on delivery. Visible defects must be notified in writing within 10 days of delivery and hidden defects within 10 days of discovery, with photographs where possible (art. 367 and 370 CO). Without timely notice the work is deemed accepted.

● 11.1 In the event of a defect, the Supplier first has the right and the obligation to remedy it free of charge within a reasonable time. If the repair fails twice, the Customer may request a price reduction or, for serious defects that make the work unusable, withdraw from the contract (art. 368 CO).

● 11.2 Warranty claims become time-barred 2 years after delivery for consumers and 1 year for business customers (art. 371 CO); wilful intent is reserved.

11.3 The warranty excludes: normal wear; effects of UV, salt, smog and weather, and mould due to damp or insufficient ventilation; improper use or use contrary to instructions; unsuitable maintenance or cleaning; work by third parties; defects due to the Customer's materials or instructions (art. 369 CO); slight shade differences between batches of fabric or leather, and the usual tolerances of handcraft.

● 11.4 Warranty work is carried out in the Riazzino workshop. For on-site work, travel within the Locarno area is borne by the Supplier and beyond it by the Customer. Removal and refitting of items installed by third parties are borne by the Customer.

● 12.1 The Supplier is liable for damage caused intentionally or through gross negligence. To the extent permitted by law (art. 100 CO), liability for slight negligence and for indirect and consequential damage (loss of profit, loss of use, replacement hire, penalties at regattas or concours) is excluded. Liability for personal injury and under the Product Liability Act (PrHG) is reserved.

● 12.2 Classic vehicles and boats, used objects — Aged original materials (leather, padding, frames, fixings, chromed parts) may give way during removal. Save for intent or gross negligence, the Supplier is not liable for such damage nor for the outcome of originality assessments, type approvals or concours.

12.3 The Supplier holds business liability insurance with a sum insured of CHF 5,000,000.–.

13.1 Snow and ice — Covers, hoods and biminis are not designed to carry snow or ice, which must be removed regularly.

13.2 Wind — Maximum resistance up to Beaufort 6 (39–49 km/h), depending on age, material and fitting. Hoods and biminis must be closed when under way and in strong wind.

13.3 Waterproofing — Technical fabrics are water-repellent; seams, fasteners and zips are not watertight. Biminis provide shade and are not waterproof.

13.4 PLANOFIL® covers — The fabric is sewn and cannot be welded: the covers are not watertight and any warranty of watertightness is excluded. PVC sealing of the seams is available on request at extra cost, with no warranty of complete tightness.

13.5 Condensation — Condensation under covers is a physical phenomenon and not a defect; adequate ventilation is the Customer's responsibility.

13.6 Materials — Natural leather and fabrics vary in grain and colour; technical fabrics may shrink or stretch with temperature and humidity.

13.7 Fitting by the Customer and design with the boat ashore — Incorrect or partial fitting may distort the product and is excluded from the warranty. Adjustments after launching for fenders or other accessories are charged.

14.1 Templates, patterns, drawings and designs remain the property of the Supplier and may not be passed to third parties without its consent.

14.2 The Supplier may photograph and film the work and use the images for documentation and communication (website, social media), without data identifying the Customer (name, registration, boat name) unless the Customer consents. The Customer may object at any time by writing to info@epico.ch.

15.1 Controller — epico.ch SA, Via Cantonale 99, 6595 Riazzino, info@epico.ch. Personal data is processed under the Swiss Federal Act on Data Protection (FADP), in line with the principles of lawfulness, good faith, proportionality, purpose limitation and security.

15.2 Data processed — Identification and contact data; order, contract and billing data; data on the object (type of boat or vehicle, registration, mooring); correspondence; images of the work.

15.3 Purposes — Handling enquiries, quotes and contracts; carrying out the work and warranty; invoicing and legal obligations; customer relations and information about the Supplier's own products and services.

15.4 Marketing — The Supplier may send existing customers information about similar products and services; every message includes a way to opt out. Others only with express consent (art. 3 para. 1 let. o UCA).

15.5 Recipients — IT and cloud service providers, fiduciary and accounting, banks, carriers, contractor partners (e.g. boatyards) and authorities, as far as necessary. Data is not sold.

15.6 Abroad — Data is generally processed in Switzerland and the EU/EEA. IT services (e.g. e-mail and cloud) may involve processing in the USA; data is transferred to countries without adequate protection only with appropriate safeguards (e.g. standard contractual clauses, Swiss-U.S. Data Privacy Framework).

15.7 Retention and security — Data is kept for the duration of the relationship and as required by law (accounting records: 10 years, art. 958f CO). The Supplier takes appropriate technical and organisational measures and reports data security breaches that pose a high risk to the FDPIC.

15.8 Rights — The Customer may at any time request information about their data, its correction, deletion, restriction or release, and object to marketing, by writing to info@epico.ch. The Customer may contact the Federal Data Protection and Information Commissioner (FDPIC, www.edoeb.admin.ch). The website is covered by the privacy notice published on www.epico.ch.

16.1 The sale of items, accessories, materials and products (e.g. small parts, fastening systems, Bimini components, fabric by the metre, fabric care products) is governed by these GTC where applicable, together with the rules of this article. The contract is concluded on order confirmation or on payment of the quote or invoice.

16.2 Shipping — The Supplier ships within Switzerland with Swiss Post. Shipping is charged at cost and shown in the quote or on the invoice. Delivery times are indicative (usually 2–5 working days from payment). Collection from the workshop is free of charge. Benefit and risk pass as set out in art. 9.4.

● 16.3 No returns — Items delivered in accordance with the order are neither taken back nor refunded.

● 16.4 Faulty or wrong items — The Customer notifies them in writing within 10 days of delivery, ideally with photographs. The Supplier replaces them or, at its option, refunds the price, and bears the cost of returning them. Further claims are excluded within the limits of art. 12. The warranty period is 2 years for consumers and 1 year for business customers (art. 210 CO).

17.1 Amendments and side agreements must be in writing; e-mail is sufficient.

17.2 If a clause is invalid, the validity of the others is not affected; it is to be replaced by a valid provision that comes as close as possible to the intended economic purpose.

17.3 The Italian version is binding; translations are for information.

● 17.4 Applicable law — Swiss law applies exclusively, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).

● 17.5 Jurisdiction — The place of jurisdiction is the Supplier's registered office (Lavertezzo, Canton Ticino). For consumers, the mandatory statutory jurisdictions apply (art. 32 and 35 CPC). The Supplier may also sue the Customer at the Customer's domicile or registered office.

17.6 Acceptance — By signing the quote or the order confirmation (including electronically) the Customer confirms having received, read and accepted these GTC, which are also available at www.epico.ch.