1. SCOPE

1.1. Our range of goods in the online shop is aimed exclusively at consumers with their habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as “customers”).

1.2. The operator of the online shop at www.fitgrade.ch (hereinafter “Online Shop”) and your contractual partner is:

FITGRADE GMBH
Schaffhauserstrasse 106
8180 Bülach

1.3. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between you as a customer and us as the operator of the online shop fitgrade.ch (hereinafter referred to as "Seller"). As part of the ordering process, you accept the GTC in the version valid at the time the order is placed. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement for written form is also met if a declaration is contained in an email.

2. CONCLUSION OF CONTRACT

2.1. The offer to conclude a purchase contract is made by the customer when the customer clicks the "Buy Now" button after completing the order page. The customer remains bound to the order for one week. The contract is binding if we accept the order within this period in accordance with section 2.3.

2.2. After submitting the order, the customer will receive an automated email confirming receipt of the order (order confirmation). The order confirmation is only intended to inform you that we have received the order.

2.3. A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by sending the customer an invoice, confirming the order (order confirmation), confirming by email that the goods have left our warehouse (shipping confirmation) or at the latest by delivering the goods.

2.4. The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also determines the scope of services.

2.5. The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.

2.6. The customer has the option of printing out the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the customer account after entering the personal access data. The seller reserves the right to block customer accounts at its own discretion without giving reasons.

3. PRICES AND SHIPPING COSTS

3.1. All prices are net in Swiss francs (CHF) including VAT, advance recycling fees and copyright fees if applicable. The prices, conditions and vintages stated on the website are subject to change, with the day of the order being the key date.

Price differences between products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in brick-and-mortar stores are possible. There is no entitlement to a subsequent price adjustment or credit.

3.2. Delivery costs are calculated as follows:

From CHF 60.- Free
Under CHF 60.- CHF 4.90

4. PAYMENT & RESERVATION OF TITLE

4.1. Payment of the purchase price can be made by credit card (VISA, Mastercard and American Express), debit card postcard or invoice, as provided and available on the website. The data when paying by credit and debit cards is transmitted in encrypted form.

4.2. Orders are payable immediately, taking into account the following provisions.

4.3. When purchasing on account, purchases made are invoiced in the middle and at the end of the month. Purchases and returns that cross the invoices are included in the subsequent invoices (bank statement). If our invoices are not objected to within 14 days of the invoice date, the balance shown is deemed to be approved. The invoice amount is due within 30 days of the invoice date. In the event of late payment, we charge interest on arrears of 5% per month on the outstanding amount. We also charge a reminder fee for each reminder, which is added to the outstanding amount plus interest on arrears.

1st reminder : CHF 10.00
2nd reminder : CHF 10.00
3rd reminder : CHF 25.00.

4.4. Fitgrade.ch grants the third parties involved in the credit check of the customer and in the collection of the purchase price (in particular the credit agency CRIF AG, Zurich, or a company associated with it) access at any time to the customer's personal data arising from the business relationship, including all payment experiences from the ordering process. The customer is entitled to revoke his or her above consent in writing at any time.

4.5. You as the customer are only entitled to offsetting or retention rights to the extent that the claim has been legally established or is undisputed. Your counterclaims in the event of defects in the delivery remain unaffected.

4.6. We retain title to the goods delivered until the invoice amount for a delivery has been paid in full (final and unconditional crediting of the total purchase price). The seller is entitled to make a corresponding entry in the retention of title register.

4.7. Please note that our webshop is primarily geared towards the needs of our private customers. For this reason, it is not possible for us to subsequently create invoices, receipts or VAT statements for your online order.

5. DELIVERY & PASSING OF RISK

5.1. The seller limits deliveries to the territory of Switzerland and the Principality of Liechtenstein. Delivery is made directly to the delivery address and contact person provided by the buyer.

5.2. Delivery is subject to timely and proper delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or a delivery stoppage by the manufacturer or sub-supplier, there will be no delay in delivery. The seller is not liable for delivery delays caused by manufacturers or third parties.

5.3. If not all of the ordered goods are in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered either partially or in full for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.

5.4. Our service is a delivery obligation and is fulfilled when the goods are handed over to the transport person. After delivery, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for any negligence on the part of the transport company used.

5.5. The delivery times stated in the online shop or in our order confirmation in accordance with section 2.3 are calculated from the time of our shipping confirmation.

6. OBLIGATION TO INSPECTION AND NOTICE OF DEFECTS, LIABILITY FOR DEFECTS

6.1 You are obliged to inspect the delivered products as soon as possible in the normal course of business and to report any defects immediately to our customer service at service@fitgrade.ch . If you fail to do so, the products will be deemed to have been approved. Approval will be deemed to have been given in any case if the customer has not submitted a complaint by email to customer service within 8 days of delivery.

6.2. Defects that were not apparent during proper inspection in accordance with the previous paragraph must be reported to our customer service immediately after discovery by email to service@fitgrade.ch , otherwise the ordered products will be deemed approved also with regard to these defects.

6.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by email after receipt of the written complaint. The transport costs incurred are borne by the customer.

6.4. We provide a guarantee by remedying defects. This is done at our discretion either by subsequent performance, namely removal of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

6.5. If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer is not entitled to a reduction in price. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from the contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), contesting the contract due to error (Art. 23 ff. OR), etc.

6.6. The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the buyer or third parties, or defects that are due to external circumstances:

• In particular, worn, dirty or damaged items are excluded from the warranty.
• Incorrect storage is not considered a warranty claim.

6.7 The customer does not receive any guarantees in the legal sense from the seller. Manufacturer guarantees remain unaffected by this. The seller assumes no liability for the descriptions of third parties, in particular customers in the context of customer reviews published in the online shop or our social media presences.

7. RIGHT OF EXCHANGE

8. LIABILITY

8.1. All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. Other claims of the buyer - regardless of the legal basis - are excluded to the extent permitted by law. The seller, his assistants and any vicarious agents are not liable for damages that did not arise from the goods themselves, in particular not for consequential damages, lost profits or other financial losses of the buyer.

9. DATA PROTECTION

9.1. The collection and processing of customers' personal data by the seller is explained in the privacy policy. This forms an integral part of these terms and conditions. Click here to go directly to Data protection .

9.2. The personal data entered by the customer when using the website will be saved . This also applies to the IP addresses that are transmitted each time the website is used. Personal data for the personalization of advertisements and product offers placed on the website will also be saved. Personal data will not be passed on to advertisers.

9.3. The seller uses customers’ personal data for direct marketing purposes. This includes contacting customers with advertising by email and post.

9.4. By accepting the General Terms and Conditions, the customer confirms that the information provided is correct and authorizes the seller to obtain all information necessary to verify the order from public authorities, credit agencies and the Central Office for Credit Information (ZEK). Existing customers are also checked at regular intervals by the above-mentioned offices.

10. SALVATION CLAUSE & RIGHT TO CHANGE

10.1. Should individual provisions of these General Terms and Conditions be invalid or incomplete or should their fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible, effective provision which, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby.

10.2. All changes or additions to these Terms and Conditions must be made in a form that allows proof by text, such as fax and email. This also applies to a change to the written form requirement. As soon as the customer uses the seller's services after the change, he or she implicitly agrees to the new Terms and Conditions.

10.3. Any other contractual terms and conditions of the customer, including those which the customer declares to be applicable when accepting the contract, do not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the seller in writing.

11. APPLICABLE LAW / JURISDICTION

Swiss law applies exclusively, excluding the conflict of law provisions of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the seller's registered office.