General Terms and Conditions
Fitcom AG
Bächliackerweg 11, 4410 Liestal
Phone: 061 901 12 40, E-Mail: info@fitcom.ch, Commercial Register No.: CHE-490.710.916
1. Scope of application
These General Terms and Conditions (GTC) govern the rights and obligations between Fitness-Flohmarkt.ch (Fitcom AG) and the customers.
By placing an order or awarding a contract (via online shop, telephone, email, or on-site), these terms and conditions are automatically accepted.
Deviations from these terms and conditions are only effective upon written confirmation by Fitcom AG.
2. Conclusion of Contract and Binding Effect
For online orders, a purchase becomes binding as soon as the customer completes the order process and selects a payment option. This applies to direct payments (credit card, PayPal, etc.) as well as to advance payment and purchase on invoice for private individuals.
For orders placed by email or telephone, the purchase contract only becomes legally valid and binding upon transmission of the invoice by Fitcom AG.
Fitcom AG reserves the right to reject orders without stating reasons.
3. Offers and Prices
Pricing and Availability: All prices are quoted in Swiss francs (CHF) and include the applicable value-added tax. Prices are subject to change, and errors and misprints are reserved. In the event of obvious pricing errors, Fitcom AG reserves the right to rescind the contract and make a correction. If an ordered product is unavailable, the customer will be notified immediately. In this case, an immediate refund or the option of a subsequent delivery will be offered (provided the product becomes available again). There is no entitlement to compensation.
Condition and Quality Grades: Fitcom AG sells new and used fitness products as well as clearance items. The condition and quality level (e.g., entry-level quality) are specified in the product description. Complaints about explicitly mentioned features will not be accepted.
Secondhand Goods / Used Equipment: For used products, not all signs of use, cosmetic defects, or age-related issues are listed in the product description. All used items are sold strictly „as is.“ Minor cosmetic defects, normal wear and tear, and functional limitations that do not significantly impede the primary use of the device (e.g., displays that do not function 100 % smoothly, wear on buttons/handles, minor paint defects), do not constitute defects and do not entitle the buyer to file a complaint, request a price reduction, or rescind the purchase contract. It is strongly recommended that you inspect and test used devices at our company location at Bächliackerweg 11, 4410 Liestal before purchasing them.
Product variations (color, weight, dimensions): Products delivered may differ slightly from the description or product image in the online store. The color of the delivered product may differ from the color shown. For weight-based products (e.g., kettlebells, dumbbells, barbells, medicine balls, etc.) as well as for dimensions, deviations of up to max. 5 % are considered normal for the product and minor, and do not constitute a defect.
4. Payment
We accept the following payment methods: Twint, credit card, prepayment (bank transfer), invoice (individual customers), and cash upon pickup.
Purchases on account for private individuals (including installment payments) are processed by CembraPay AG. The following terms apply: GTC and the Privacy Policy CembraPay AG.
The goods remain the property of Fitcom AG until full payment has been made.
5. Retention of title
Fitcom AG reserves title to the purchased item:
- For consumers: until receipt of full payment of the purchase price
- For business owners and legal entities: until all outstanding claims arising from the business relationship have been settled
Set-off is permissible only with legally established, undisputed, or acknowledged counterclaims. Rights of retention exist only in respect of counterclaims arising from the same contractual relationship.
In the event of late payment, all outstanding amounts become due immediately.
6. Delivery and Shipping
Delivery times are not binding and are provided for reference only.
Shipping costs are shown separately and are to be borne by the customer.
Freight shipments are delivered to the curb. Smaller packages are delivered according to the selected delivery option. Delivery of freight shipments to your apartment or floor can be arranged for an additional fee, subject to availability. Please contact us for pricing.
Transfer of Risk: Risk passes to the customer as soon as the goods have been delivered. The customer is responsible for specifying the correct delivery options (e.g., leaving the package with a neighbor or at a specific location). Fitcom AG is not liable for theft, damage, or loss after delivery has been completed.
Shipping partner is Planzer (Planzer Parcel or Planzer Freight – depending on weight, volume, and delivery address).
7. Pickup
Products can be picked up at Bächliackerweg 11, 4410 Liestal, by prior appointment.
Upon collection, the goods must be inspected on-site. Once the premises have been left, no further complaints can be made.
8. Returns and Right of Withdrawal
All products can be viewed and tested before purchase at our showroom located at Bächliackerweg 11, 4410 Liestal. Because of this opportunity, returns and exchanges are generally not accepted.
Withdrawal before processing: You may cancel the purchase agreement only if the order has not yet been processed. Unfortunately, orders on account for individual customers cannot be canceled because they are processed through CembraPay AG.
Return after delivery: Returns of goods that have already been delivered are only possible in the following cases:
- Provably defective products (serious defects not mentioned in the product description – for second-hand goods, see section 3)
- Incorrect delivery (different product than ordered)
- Incorrect information in the product description
Unlike EU law, the Swiss Code of Obligations does not provide for a general right of withdrawal for distance selling transactions. Orders are fundamentally binding. Should Fitcom AG agree to a return in individual cases as a gesture of goodwill, is the refund issued exclusively via discount code.
9. Warranty and Notice of Defects
For new products, the statutory warranty rights apply in accordance with the Swiss Code of Obligations (Art. 197 et seq. CO).
For second-hand goods (used products): The warranty is limited to verifiably existing, but previously undeclared severe defects limited, which significantly impair the basic function of the device or make it impossible. If such a serious defect exists, a return or repair may be granted after inspection by Fitcom AG. Cosmetic defects, signs of wear and tear, or minor functional limitations (such as incompletely functioning display elements or wear on control elements) are expressly excluded from any warranty and return.
Notice of defect: Claims regarding defects must be reported in writing to Fitcom AG no later than 72 hours after receipt of the goods. Missing items must be reported immediately upon delivery of the goods or directly upon collection on-site.
In the event of justified notices of defects, Fitcom AG has the right to choose between rectification, replacement delivery, or a reduction of the purchase price.
If a product includes a guarantee or warranty, this will be expressly stated in the product description and the duration will be explicitly specified.
10. Liability and Disclaimer
Quality liability lies exclusively with the respective manufacturer. Fitcom AG does not conduct incoming inspections of delivered products.
Complaints do not release from timely payment.
Claims for damages are excluded for:
- Errors in illustrations, prices and texts
- Delayed or failed delivery (unless in cases of gross negligence or intent)
- Consequential damages (e.g., production downtime, data loss, lost orders)
- Technical malfunctions of the website or online shop
At simple negligence Fitcom AG shall only be liable for direct damage, limited to the price of the respective delivery/service.
Liability for gross negligence and intentional misconduct is governed by statutory provisions.
11. Privacy Policy
Data is treated confidentially and in accordance with the provisions of the Swiss Data Protection Act (FADP). The website uses cookies and tracking tools to improve the user experience and for marketing purposes. Customer data will not be passed on to third parties, except to our shipping partners for order fulfillment.
Further information can be found in the privacy policy.
12. Newsletter and Marketing
Registration for newsletters and marketing communications is voluntary. Unsubscribing is possible at any time via the unsubscribe link included in every email or by contacting us.
13. Copyright
All logos, images and graphics shown are the property of the respective companies and are subject to their copyright. All rights reserved.
14. Governing Law and Jurisdiction
All legal relationships between Fitcom AG and the customers shall be governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes is CH-4410 Liestal.
15. Severability Clause
If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced immediately by the applicable statutory regulation.
16. Amendments and Validity
By placing an order, the customer accepts the terms and conditions.
Oral agreements require written confirmation to be valid.
Fitcom AG reserves the right to amend these terms and conditions at any time. The terms and conditions valid at the time of the order shall apply.