General terms and conditions and customer information
The gymgeneration.ch online shop is an offer from Limantix AG (hereinafter referred to as Limantix) in CH-8180 Bülach.
2. Validity of the conditions
The deliveries, services and offers from Limantix are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. When the goods or services are ordered, these conditions are deemed to have been accepted. General purchasing conditions of the buyer are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
Limantix can change these terms and conditions at any time and without notice.
3. Offer and conclusion of contract
Limantix's offers in price lists and advertisements are subject to change and non-binding. Every online order is binding. Order confirmations are only issued upon express request.
The information in our sales documents (drawings, images, dimensions, weights and other services) are only to be understood as guidelines and do not represent an assurance of properties unless they are expressly designated as binding in writing.
If a buyer exceeds his credit limit by placing an order, we are released from our delivery obligation.
The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies.
Unless otherwise agreed, the prices are exclusive of transport costs, including VAT.
5. Delivery and performance time
All items offered by gymgeneration.ch are available in stock and can be delivered immediately. The delivery time is 2-3 working days. Dates and delivery times are non-binding, unless otherwise expressly agreed in writing.
6. Default in acceptance
If the buyer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, Limantix can refuse to fulfill the contract and demand compensation for non-fulfillment. Limantix is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the damage actually incurred from the buyer.
Visible differences in quantity must be reported in writing to Limantix and the carrier immediately upon receipt of the goods, hidden differences in quantity within 3 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment.
8. Transfer of risk
The risk is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the dispatch is delayed or impossible through no fault of ours, the risk is transferred to the buyer with the notification of readiness for dispatch. A transfer of the transport costs by Limantix agreed in individual cases has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 2 years unless otherwise expressly agreed in writing.
The warranty period begins on the date of delivery. If our maintenance instructions are not followed or changes are made, any warranty is void if the defect can be traced back to this. This also applies if the defect is due to improper use, storage and handling of the products. Insignificant deviations from the warranted properties of the goods do not trigger any warranty rights.
Liability for normal wear and tear is excluded.
Warranty claims against Limantix are only available to the direct buyer and are not transferable.
10. Returns / exchange of goods
For returns, we require that the defective part be sent or delivered to Limantix with a written complaint and a copy of the invoice with which the product was delivered. Deliverycosts has to be paid by costomer. Replacing products does not result in any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
We do not offer a right of withdrawal. Swiss law provides for a right of return or exchange - neither for in-store purchases nor for online trading.
However, we exchange products in the correct size or if something is not at all pleasing, we also offer an exchange / offset against another product.
The postage costs of the exchanged goods are borne by the customer. We assume the postage costs of the exchanged goods.
11. Retention of title
The delivered goods remain the property of Limantix until they have been paid for in full.
The invoices are payable in advance with bank transfer, advance payment with credit / debit card, or PayPal, as agreed, unless otherwise agreed. The free delivery that is offered in the gymgeneration.ch shop only applies to Swiss Post Economy deliveries. In the case of other shipping methods, delivery is generally freight collect, i.e. at the expense of the buyer by parcel post, forwarding agent or his own vehicle, unless otherwise expressly agreed.
A payment is only considered to have been made when we can dispose of the amount.
If the buyer is in default, we are entitled to charge 5% interest from the relevant point in time. For the duration of the delay, Limantix is also entitled at any time to withdraw from the contract, to reclaim the delivered goods and to claim damages if the contract is no longer valid.
All claims are due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pending composition or bankruptcy proceedings. In these cases we are entitled to withhold any outstanding deliveries or only to carry them out against advance payment or securities.
13. Limitation of Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless there is intentional or grossly negligent action. No liability is accepted for consequential damage resulting from the use of the products.
14. Data protection
Limantix is entitled to process the data received about the buyer with regard to business relationships or in connection with them, regardless of whether they come from the buyer himself or from third parties, within the meaning of the Federal Data Protection Act.
15. Place of jurisdiction
8180 Bülach is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.