General Terms and Conditions
§ 1 General
These General Terms and Conditions govern the rights and obligations between Fitcom AG and its customers. By placing an order, these are automatically recognized by the customer. Deviations are only effective if they have been confirmed by us in writing.
§ 2 Terms of delivery
If there are no confirmed deviations in writing, the shipping costs listed under "Shipping and payment" apply. Unless otherwise specified on the homepage, delivery is generally made within two to four working days within Switzerland and is delivered to the address specified by the customer. Working days are defined as Monday to Friday minus public holidays.
If the ordered product is not available from stock, the customer will be contacted. The shipping partner is Swiss Post. Unless otherwise defined in writing or agreed between the parties, shipment is made to the recipient's kerbside. This applies to parcel shipments with the post office as well as for deliveries with the forwarding agency, which are organized by Fitcom AG. Fitcom AG sells its products exclusively within Switzerland.
§ 3 Orders
Fitcom AG may cancel an order or send it only against prepayment if the customer is not creditworthy or has one or more outstanding invoices with Fitcom AG.
§ 4 Payment methods
Purchase on account (including payment by installments) is processed by CembraPay AG. The GTC and the Privacy policy of CembraPay AG.
§ 5 Conclusion of contract
The buyer undertakes to place the order in accordance with the conditions stated on the website. Fitcom AG must be informed immediately of any errors in an order.
§ 6 Transfer of ownership
In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
§ 7. return/right of withdrawal
In principle, there is no right to return products or services of any kind. The only exceptions are serious defects (which were not mentioned in the product description) in the delivered goods or a delay in delivery of more than two weeks without this having been communicated to the customer in advance. In this case, the buyer has the right to withdraw from the purchase contract. The goods must be returned to FitCom AG. The costs for the return shipment shall be borne by the customer, unless otherwise confirmed in writing by FitCom AG.
It is explicitly pointed out that we sell second-hand goods and remaining stock, among other things. We strongly recommend that you inspect second-hand goods before purchasing them.
Fitcom AG explicitly reserves the right to charge a fee in the amount of 50% in the event of withdrawal by the customer, unless otherwise confirmed by us in writing.
§ 8 Offer, prices & warranty / guarantee
All offers and prices on the website are non-binding and without guarantee. Errors or changes to the goods and prices are reserved. VAT is included in all prices stated on the website.
Offers on Fitness-Flohmarkt may deviate slightly from the description or product image in terms of condition, specifications, color, shape and weight. By minor we mean deviations up to max. 5% of the corresponding code number or defects that are not or only very difficult to see from a viewing distance of 2m. All offers can be viewed on request at our premises at Bächliackerweg 11 in 4410 Liestal.
Fitcom AG primarily sells second-hand products and remaining stock, for which no warranty / guarantee can be granted. Signs of use, minor defects, scratches etc. cannot be excluded. We recommend that you inspect the products in advance. New items are usually marked accordingly. If there is no description regarding the condition / age of the goods for sale, it must be assumed that they are in a used but fully functional condition. Products which are not excluded from guarantee / warranty due to their origin / condition are marked accordingly and the guarantee period is explicitly mentioned.
Defects must be reported immediately in writing, but no later than 72 hours after receipt of the goods. The goods must be checked for completeness and functionality immediately upon receipt.
§ 9 Exclusion of liability
All products distributed by Fitcom AG are subject to the strictest controls of the respective manufacturer. For this reason, the respective manufacturer is solely liable for the quality of its products. The customer acknowledges that Fitcom AG does not carry out an incoming inspection of the products delivered by suppliers. A complaint about the delivery for any reason does not release the customer from paying the invoice within the agreed payment period. With your order you confirm that Fitcom AG cannot be held liable for any complaints or complications.
Fitcom AG is only liable for direct damage and only if the customer can prove that this was caused by gross negligence on the part of Fitcom AG. Liability is limited to the price of the respective delivery / service. In particular, the customer has in no case claims for compensation for damages that have not occurred on the product itself, such as loss of production, loss of data, loss of orders and other indirect or direct consequential damages.
§ 10 Data protection
All data will be treated confidentially and will not be passed on to third parties. The customer agrees that his personal data may be stored and processed electronically as part of the business relationship. It is pointed out that data collected in accordance with this provision is collected and processed exclusively for the purpose of providing services, in particular for the purpose of order processing and accounting. The transmission of data is encrypted. No liability can be accepted for the security of data transmitted via the Internet.
All logos, images and graphics shown are the property of the respective companies and are subject to their copyright. All rights reserved.
§ 11 Place of jurisdiction
The exclusive place of jurisdiction is CH-4410 Liestal.
§ 12. severability clause and validity of the GTC
By placing an order, the customer accepts the General Terms and Conditions. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced immediately by the relevant statutory provision. Verbal agreements must be confirmed in writing to be valid.
