GENERAL TERMS AND CONDITIONS OF SALE

Date of issue and entry into force: 23 December 2023

I. Definitions

GTUS: these general terms of use and sale of the site, in the version in force on the date of the order;

Specific conditions: particular conditions relating to a given order, in particular the schedules and programmes of courses, camps and events;

Contract: the contract formed between the client, on the one hand, and AIRPAD® on the other, the purpose of which is the sale of Products and which is made up of the GTUS, the orders and, where applicable, the specific conditions;

Order: any order placed through the site by the client, duly evidenced by an order confirmation sent at the end of the ordering process;

Client: any natural or legal person placing an order;

Personal data: data defined by article 3 let. a of the Federal Act on Data Protection ("FADP"; SR 235.1) and by the Federal Ordinance on Data Protection ("DPO"; SR 235.11), that is, any information relating to an identified or identifiable person.

Registration data: personal data and other information provided to AIRPAD® in connection with an order;

Payment Service Provider: Worldline

Product: any product offered for sale on the site, whether tangible goods or registration for events or sports courses/camps;

Collection: handover to the client of the ordered Products directly at AIRPAD®;

Site: the website accessible at https://www.airpad.ch and published by AIRPAD®;

II. General Provisions

AIRPAD® offers the client the possibility of acquiring Products through its site, records any related orders and performs them in accordance with the contract.

Please read these conditions carefully before using the site. By accessing, using or browsing the site, you agree to be legally bound by these GTUS. If you do not agree with the GTUS in their entirety, you must not use the site and/or its features. Any order entails the client's unreserved acceptance of the terms of the GTUS and of the contract. If you have any questions regarding these GTUS, please send an email to the following address: info@airpad.ch.

The contract applies only to orders placed by clients established in Switzerland.

III. Procedures for Placing an Order

A. Process

By placing their order, the client formally confirms and undertakes to:

Be at least 18 years of age;
Provide accurate, up-to-date and complete information (registration data).

To finalise their order, the client must complete the following steps on the site:

Review of the GTUS;
Selection of the registration data;
Selection of the Products;
Verification of the order details and total price, and correction of any errors;
For tangible goods, acceptance of taking delivery at AIRPAD®'s address, any postal shipment being excluded;
Payment of the order by following the instructions provided on the site.

At the end of the ordering process, AIRPAD® sends the client an order confirmation email, which also includes any specific conditions.

B. Order Cancellation

1) By the client. Orders placed through the site are firm and final. An order cancellation gives no right to a refund and, where applicable, the amounts still owed remain fully payable to AIRPAD®. A refund under any applicable specific conditions is reserved.

2) By AIRPAD®. AIRPAD® reserves the right to cancel the order at any time and without notice in the event of non-payment or fraudulent payment. If one or more Products is/are temporarily or permanently unavailable, AIRPAD® will inform the client without delay by email or telephone and notify them of the new amount of the revised order. The client will be entitled to a refund of the payment made in accordance with the applicable specific conditions, to the exclusion of any other compensation.

IV. Price and Payment

The prices shown on the site are expressed in Swiss francs (CHF), VAT included. Payment for Products ordered on the site is made exclusively by bank card, the payment being debited at the time the order is received.

The client expressly authorises AIRPAD® to invoice them and to charge to their credit card the services ordered through the site (orders). Credit card information is processed and stored by the Payment Service Provider, and AIRPAD® stores no credit card information. The payment services for the services offered on the site are provided by the Payment Service Provider. By agreeing to these GTUS or by using the site's services, the client accepts being bound by the general terms of use of the Payment Service Provider, which may occasionally be amended by the Payment Service Provider. Since the site allows payments to be made via the Payment Service Provider, the client agrees to provide AIRPAD® with accurate and complete information about themselves, and authorises AIRPAD® to share this information as well as information concerning the transactions carried out via the payment solution provided by the Payment Service Provider.

In the event of a dispute over an amount debited by AIRPAD®, the client undertakes to contact AIRPAD® before raising any objection with the credit card issuer or notifying any claim to the Payment Service Provider.

V. Collection and Transfer of Risk and Liability

Products consisting of tangible goods are to be collected at AIRPAD®'s address during its opening hours. Camps, courses and events take place in accordance with the specific conditions.

The risks of damage to or loss of the tangible goods pass to the client at the time of Collection.

VI. Data Protection

A. Consent. By using the site, the client agrees that AIRPAD® collects and processes their personal data in accordance with this provision.

B. Data controller. The data controller is AIRPAD®. For any question or complaint regarding the processing of personal data, or any access request, the client may contact the controller.

C. Types of personal data collected. "Registration data" means the information that AIRPAD® asks the client to provide when an order is placed, namely:

Full first and last name;
Home or registered office address;
Telephone number;
Email address;
Any comments;
Your bank details (when you pay by bank transfer).

D. Payment information. By choosing to pay by credit card, the client accepts that the Payment Service Provider carries out, on behalf of AIRPAD®, the payments made in its favour. The client expressly agrees to communicate their payment data directly to the Payment Service Provider, together with any information required by the latter about them. The Payment Service Provider's privacy policy is available at the following address: https://www.datatrans.ch/fr/declaration-protection-donnees/. The client must accept it without reservation before any order.

E. Use of personal data. AIRPAD® uses the client's personal data mainly for the purpose of making the site and its features available to them and of performing orders. By using the site, the client consents to this.

F. Sharing and disclosure of your personal data. The client's personal data may be made accessible or transmitted to processors ("Processors") tasked by AIRPAD® with certain duties relating to the development, provision or promotion of the site, or to any other task related to AIRPAD®'s activities. Processors are prohibited from transmitting personal data without first having obtained AIRPAD®'s prior authorisation. The processors mandated by AIRPAD® are based exclusively in Switzerland, in a European Union country, or in another country offering adequate guarantees regarding the security of your personal data.

G. Locations of personal data processing and transfers abroad. The client's personal data is processed by AIRPAD® or by processors, including being hosted, in Switzerland, in a European Union country, or in another country offering adequate guarantees regarding the security of your personal data.

VII. Amendment of the GTUS After an Order

In the event of an amendment, the GTUS applicable to an order are those in force on the date the order was placed.

VIII. Intellectual Property Rights and Other Rights

An order in no way grants the client the right to reproduce the AIRPAD® logo or to use it in a manner that could be misleading or give the impression that AIRPAD® is associating itself with the client's actions or reputation.

The intellectual property rights and all other proprietary rights in the content presented on the site (including, among other things, the software, graphics, images, videos and information, as well as their selection and arrangement) remain the exclusive property of AIRPAD®.

IX. Disclaimer of Liability for the Site

AIRPAD® does not guarantee uninterrupted use of the site, nor that it is free from viruses, failures or errors.

The site may, in particular, be affected by periods of temporary unavailability. From time to time, AIRPAD® will update the site or may decide to close it, which may render it inaccessible for a certain period or on a lasting basis. AIRPAD® will endeavour to ensure the reliable and continuous operation of the site, but cannot guarantee that it will operate uninterruptedly and without incident.

AIRPAD® also does not guarantee that the data transmitted by the client will be recorded or archived.

X. GENERAL PLAYING CONDITIONS – AIRPAD®

1. Booking and access: Access to the courts is by prior reservation only. Players are kindly asked to arrive a few minutes before the start of their slot and to vacate the court on time, out of respect for the following bookings.

2. Equipment: Clean sports shoes suitable for padel are mandatory on the courts. Rackets may be provided or rented on site.

3. Safety: Our courts are played with the doors closed. This is a safety measure: it prevents players from stepping out unexpectedly during a rally and protects both the players on the court and those around it. Staff instructions must be observed at all times.

4. Care of the facilities: Players agree to use the equipment and facilities with care. Any damage caused intentionally or through negligence may be charged.

5. Conduct and fair play: Respect for fellow players, staff and the spirit of the game is expected from everyone. AIRPAD reserves the right to deny access to anyone who fails to uphold these principles.

6. Liability: Padel is played at the players' own risk. AIRPAD accepts no liability for any injury or damage resulting from failure to comply with these conditions or with the safety instructions.

XI. Miscellaneous

These GTUS, together with the contract, constitute the entire and exclusive agreement with respect to the subject matter dealt with, superseding any prior proposal or agreement, whether written, oral or made through any other type of communication between the client and AIRPAD®. No amendment is valid unless stipulated in writing and signed by both parties.

If any of the provisions of these GTUS or of the contract should be held to be void or unenforceable, the provision concerned shall be amended so as to allow its application, the invalidity or unenforceability of that provision in no way affecting the validity or enforceability of the other provisions of these GTUS or of the contract.

XII. Applicable Law and Jurisdiction

These GTUS and the contract are governed by Swiss law, with the exception of the Swiss Federal Act on Private International Law.

Disputes arising out of these GTUS or the contract, including disputes concerning their validity, as well as disputes relating to the use of the site and directed against AIRPAD®, fall within the jurisdiction of the ordinary courts of Geneva, an appeal to the Federal Supreme Court being reserved.

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