General terms and conditions & privacy policy

1.1 Subject — The Supplier, epico.ch SA, makes and supplies made-to-measure handcrafted products and services in line with the specifications in the Quote signed by the Customer.

1.2 Validity of the offer — Unless stated otherwise, the Quote is valid for 30 days from issue and supersedes any previous agreement. Final acceptance of the contract remains reserved to the Supplier.

2.1 Cost estimate — As the work is made to measure, the Quote is an approximate estimate. The hourly rate for upholstery and time-and-materials work is CHF 110.– (excluding VAT).

2.2 Substantial deviations from the Quote — Where the cost change exceeds 10% of the quoted amount, the Supplier a) suspends the work, b) informs the Customer and c) asks the Customer to confirm the revision. If the Customer withdraws, the Customer pays for the work done and the costs incurred.

2.3 Minor deviations — Deviations below 10% are deemed accepted with the original signature.

3.1 Customer requests — Changes requested after signature are subject to the Supplier’s written acceptance.

3.2 Effects — They may lead to cost changes and delivery extensions as under clause 2.

4.1 Deposits — The Supplier may request deposits of up to 90% of the order value.

4.2 Non-payment — Failure to pay entitles the Supplier to suspend the work, and deadlines are extended automatically.

5.1 Cancellation — If the order is cancelled within the 45 days before the planned start of work, a penalty of 30% of the order confirmation value applies.

6.1 Collection — The Customer collects the Product within 10 days of being notified that it is ready.

6.2 Failure to collect — After 30 days and a formal reminder by registered letter, the Supplier may sell the Product privately, retain deposits and claim any damages.

6.3 Transfer of risk — Where goods are shipped, benefit and risk pass to the Customer when the carrier takes charge of them at the Supplier’s premises.

7.1 Due date — Invoices are payable 30 days after the invoice date without any reminder.

7.2 Default and costs — Late payment incurs default interest of 5% a year. Further damages (storage, insurance, disposal) are reserved.

7.3 Payment on delivery — The Supplier may require payment when the Product is collected.

8.1 Applicable law — The warranty is governed by art. 367 et seq. of the Swiss Code of Obligations, subject to the following.

8.2 Limitations — Liability for intent and gross negligence only. Liability capped at the Supplier’s insurance cover (CHF 5,000,000.–). No liability in the restoration of classic vehicles and boats, including point deductions at concours events.

8.3 Customer’s duties — The warranty lapses in the event of improper use, unsuitable maintenance or cleaning, or failure to ask for instructions. Warranty work is carried out ex workshop; travel and removal are at the Customer’s expense.

9.1 Snow load — The products are not designed to carry snow loads.

9.2 Wind — Maximum wind resistance is Beaufort 6 (50 km/h), depending on the age of the material and on fitting.

9.3 Waterproofing and biminis — Biminis provide shade; they are not fully waterproof (seams, fasteners, zips).

9.4 Planofil® covers — Waterproof but not fully sealed; seams can be PVC-sealed on request at extra cost.

9.5 Fitting by the Customer — Incorrect or partial fitting may distort the product and impair its performance.

9.6 Design with the boat out of the water — Changes after fitting for fenders or lines are charged and excluded from the warranty.

9.7 Condensation — Condensation on the inside is a natural effect and is not a defect.

10.1 Legal basis and principles — epico.ch SA processes personal data under the Swiss Federal Act on Data Protection (revFADP), following the principles of lawfulness, good faith, proportionality and security.

10.2 Data processed — Name, address, telephone, e-mail, business and relationship data.

10.3 Purposes — Handling enquiries, quotes, contracts and support; invoicing and legal obligations; improving services and the customer relationship; sending marketing about similar products.

10.4 Direct marketing — Where a business relationship exists, the Supplier may send promotional messages without further consent unless the Customer objects. To people with no previous relationship, only with express consent (opt-in).

10.5 Disclosure to third parties — Data may be disclosed to IT, administrative, logistics, accounting and technical service providers, solely for the purposes above. Transfers abroad are made only to countries with adequate protection or under contractual safeguards.

10.6 Retention and security — Data are kept for as long as the purposes or the law require. The Supplier takes technical and organisational security measures and will handle any breach in accordance with the FADP.

10.7 Customer’s rights — The Customer may at any time access their data, request correction or deletion, restrict processing and object to direct marketing. Requests to [email protected].

11.1 Applicable law — The relationship is governed by Swiss law, excluding conflict-of-law rules.

11.2 Exclusive jurisdiction — The place of jurisdiction is the Pretura di Locarno-Città (Ticino, Switzerland), subject to mandatory consumer jurisdiction. The Supplier reserves the right to sue the Customer at the Customer’s domicile.

Signing the Quote or placing an electronic order constitutes full acceptance of these General Terms and Conditions and of the Privacy Policy.