1. Scope
These General Terms and Conditions ("GTC") apply to the entire business of the company named below.
Overall responsibility/editing
Ultimate Personal Training
Owner Alex Utzinger
Jenatschstrasse 3, 8002 Zurich
Design and technical implementation website
Focus Internet
Down tube road 3
8952 Schlieren ZH
056 450 98 40
2. Conclusion of contract
The conclusion of the contract is effected by the confirmation by the Company of the agreement concerning the purchase of products and / or services by the customer.
Furthermore, the contract is concluded when the customer makes use of the services offered by the company and / or orders products via the company's online shop or buys them directly.
3. Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
Prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.
The company reserves the right to change prices at any time. The prices according to the company's price list valid at the time of the conclusion of the contract shall apply.
4. Payment
The client shall be obliged to pay the invoiced amount within 30 days from the date of invoice.
If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not settle the invoice within the set reminder period, he/she is automatically in default.
If the Company also offers products for purchase, rental or other use via an online platform, it may also demand payment by electronic means as part of the ordering process (credit cards, Paypal or other payment systems).
5. Duties of the company
5.1. Delivery / Delivery dates
Delivery will be made within the days specified at the time of purchase after receipt of the order. If it is not possible to deliver on time, the company will inform the customer within the working days stated at the time of purchase after receipt of the order and the new delivery date will be communicated.
5.2. Service provision
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the registered office of the Company.
6. Obligations of the customer
The Client shall promptly make all arrangements necessary for the Company to provide the Service. The Client shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to the Company.
7. Resignation
Both parties have the right to withdraw from the contract at any time. The expenses already incurred shall be paid in full to the other party. Withdrawal at inopportune times is not permitted and any claims for damages remain reserved.
8. Exchange
An exchange of products is generally excluded.
9. Resignation
The customer has the right to revoke the contract within [...] days of sending the order in writing or implicitly by returning the products. The timely dispatch of the revocation or the product shall be sufficient to comply with the revocation period. In the event of a revocation, the customer shall bear the costs of the return shipment. In the event of an effective revocation, the services received by both parties shall be refunded. The products must be returned in their original packaging, otherwise the Customer shall fully indemnify the Company for any damage caused by the opening of the packaging or damage to the product.
10. Warranty
The statutory warranty provisions shall apply.
Any defect must be reported to the Company immediately. It is up to the Company to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the time of repair, the customer has no claim to a replacement product
11. Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to CHF [...]. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.
12. Data protection
The Company may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to courts or authorities or to third parties if ordered to do so. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes.
13. Changes
These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force by publication on the Company's website.
14. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC shall take precedence over these GTC.
15. Severability clause
Should a provision of this contract or an annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any loopholes in the contract.
16. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
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