General Terms and Conditions of Business
1. scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") of TRUEFTI GmbH, Vulkanstrasse 120, 8048 Zurich (CHE-114.265.019) (hereinafter referred to as "TRUEFIT") apply to all orders placed through the TRUEFIT Online Shop (hereinafter referred to as "Online Shop"), as well as the group courses. Personnel training courses are regulated separately in the service framework agreement.
TRUEFIT reserves the right to make changes to these GTC at any time. Decisive is the version of the General Terms and Conditions valid at the time of the order of goods / the group course, which cannot be changed unilaterally.
Any provisions or general conditions of the customer or third parties that conflict with these GTC shall not be valid. The GTC shall also apply exclusively if TRUEFIT provides its services without reservation after having become aware of deviating provisions or general conditions.
2. offer / conclusion of contract
The offer, i.e. all information about goods and prices in the online store, as well as group courses, (hereinafter "offer") is directed exclusively to customers with residence/registered office in Switzerland and Liechtenstein. All information regarding the offer is not binding for TRUEFIT and does not constitute a request in the legal sense. TRUEFIT expressly reserves the right to make changes to the offer at any time, i.e. changes to the product range and prices. Images in the Online Shop etc. are for illustration purposes only and are not binding for TRUEFIT.
By sending the order within the ordering process of the Online Shop / the booking of a group course, the Customer submits a binding offer, which cannot be changed by TRUEFIT. Upon receipt of the Customer's order for goods via the Online Shop by TRUEFIT, an automatic order confirmation with an order number will be sent to the Customer by e-mail. This order confirmation by e-mail does not constitute an acceptance of the Customer's binding offer and no contract is concluded. Only when TRUEFIT sends the goods ordered by the Customer to the Customer does a contract come into existence. TRUEFIT remains free to refuse orders for goods, in whole or in part, with or without giving reasons, and not to deliver the goods until they are sent to the Customer. In this case the Customer will be informed immediately and any consideration already received will be refunded by TRUEFIT as soon as possible.
TRUEFIT offers the participants different group course subscriptions at different courses and durations. The different services and durations of the respective subscriptions can be found in the current offer.
All TRUEFIT subscriptions are personalized and cannot be cancelled or transferred. The term of the subscriptions is binding. Paid but not or only partially used subscriptions expire after their period of validity. There is no right to a refund. The conclusion of the contract comes about by the conclusion of a subscription. The contract is concluded in any case, if the participant uses the services offered by TRUEFIT and / or buys products directly.
The prices quoted in the online store are in Swiss Francs (CHF), include the legal value added tax of 7.7% and do not include any shipping costs. The respective price at the time of the order applies. The minimum age for orders in the Online Shop is 18 years.
The delivery of the goods is carried out by a carrier (post, courier service, etc.) commissioned by TRUEFIT to the address requested by the Customer during the ordering process, exclusively within Switzerland and Liechtenstein.
The places where the group courses are held are defined in the corresponding offer. TRUEFIT reserves the right to adjust and/or postpone the place of execution.
The payment by the customer can be made by PayPal, on account or prepayment. The group courses are paid cash on site, invoice or by TWINT.
6. purchase on account
Payment of the invoice amount by the Customer is due within 15 days from the date of invoice and must be made within this payment period to the account of TRUEFIT indicated on the invoice. If the Customer does not meet his payment obligation, he shall be in default upon expiry of the 15-day payment period without further reminder (Art. 102 para. 2 CO). Default interest of 8% shall be owed. Furthermore, the customer may be charged a reminder fee of up to CHF 30.00 per payment reminder and may be charged further fees, in particular the costs of any collection proceedings. A breach of the payment obligation by the Customer may result in the Customer no longer being offered the payment method purchase on account, even by traders other than TRUEFIT, for future online orders of goods.
If the Customer is in default of payment, all claims of TRUEFIT against the Customer are immediately due. Furthermore, the Customer may only set off claims of TRUEFIT against counterclaims, if his counterclaims have been legally established or are undisputed or acknowledged by TRUEFIT. The Customer shall only have a right of retention of the performance owed by him to the extent that his counterclaim is based on the same contractual relationship.
7. retention of title
The delivered goods shall remain the property of TRUEFIT until full payment of the invoice amount by the Customer. TRUEFIT is entitled to make an entry of the reservation of title in the reservation of title register. TRUEFIT has the right to refuse delivery or provision of services in case of late payment.
8. duties of the company (group course)
Provision of services
Unless otherwise agreed, TRUEFIT will fulfill its obligation by providing the agreed service. Unless otherwise agreed, the place of performance shall be TRUEFIT's registered office. TRUEFIT warrants to perform the agreed Services in a quality customary in the trade
The parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all legal provisions and any collective employment agreements.
9. obligations of the participant (group course)
The participant is obliged to inform the course instructor in advance of any injuries, physical complaints or pregnancy.
10. cancellation of appointment (group course)
Cancellations of group courses must be made at least 48 hours in advance. Otherwise the full course fee is due.
Illness and accident
If sickness or accidental absences/cancellations are confirmed by a medical certificate, the missed classes can, in the best case, be made up at a later date or the difference in course fees will be refunded.
If a replacement participant is named who meets the requirements for the course, the paid course fee will be transferred to the replacement participant. In principle, no refunds of course fees are possible due to missed lessons.
11. non-solicitation and employment ban
The Participant may not, without the express written consent of TRUEFIT, entice away or employ its employees or other auxiliary persons, either on its own account or on behalf of a third party. Even after termination of the contractual relationship, the Participant is prohibited from employing employees or other auxiliary persons of TRUEFIT in any way, directly or indirectly. This prohibition is valid until one year after the termination of the contractual relationship and is limited to the field of activity of the respective employee or auxiliary person.
12. notice of defects / warranty (online store)
The customer has to check the ordered goods for defects immediately after their delivery by the carrier. Notification of defects must be made by the Customer to both the carrier and TRUEFIT immediately, at the latest within 14 days after delivery of the goods to the Customer. Defects which were not recognizable during the immediate and proper inspection of the customer (hidden defects) must be reported immediately after their discovery both to the carrier and to TRUEFIT.
TRUEFIT guarantees that the ordered goods are free of defects for a period of 2 years. The 2-year period begins with the dispatch of the ordered goods to the customer. During this period, all defects subject to warranty will be remedied free of charge, provided that the Customer notifies TRUEFIT of the defect in due time. The customer's warranty claims are limited to replacement delivery or rectification of defects to the exclusion of all other claims, in particular any compensation for direct (direct) or indirect (indirect) damages. TRUEFIT shall decide at its own discretion on replacement delivery or rectification of defects. The warranty claim expires for damages due to improper handling and use of the goods.
In the event of an error in the pricing or description of the goods, TRUEFIT is not bound by the incorrect information.
13. right of return or revocation (Online-Shop)
The customer can revoke his order of goods without giving reasons by returning the ordered goods. The revocation by return has to take place at the latest within 30 days after delivery of the goods to the customer. Excluded from the right of return are goods that require assembly before delivery.
14. return shipment via the Swiss Post (Online-Shop)
The customer can return the goods by mail to the address below.
Volcano Road 120
Please note: The articles must be in their original packaging. Unstamped packages will not be accepted by TRUEFIT and will be returned to the sender at the sender's expense. To meet the deadline, timely dispatch is sufficient. The return shipment is at the expense and risk of the customer. In case of complaints or discrepancies, TRUEFIT's free customer service is available at the e-mail address email@example.com.
The refund of the value of the goods will be made upon return to TRUEFIT within 30 days of receipt of the goods at the latest.
TRUEFIT excludes liability to the extent permitted by law for all direct (or direct) and indirect (or indirect) damages arising from the use of the Online Shop or in connection with orders for goods or the conclusion of contracts via the Online Shop. In particular, TRUEFIT excludes any liability for slight and medium negligence. Furthermore, TRUEFIT does not assume any contractual or non-contractual liability for damages caused by auxiliary persons called in for the performance of services.
Participation in a group course is at the participant's own responsibility. TRUEFIT assumes no responsibility for the execution of the exercises. TRUEFIT declines sole liability for injuries, consequential damages, such as theft or loss of property.
The participant is obliged to report any damages to TRUEFIT immediately.
Insurance is the responsibility of the participant. It is recommended to take out a private liability and accident insurance.
16. intellectual property rights
All rights to the products, services and any trademarks are owned by TRUEFIT or are authorized for use by the owner. Neither these terms and conditions nor any individual agreements relating thereto shall transfer any intellectual property rights unless explicitly stated. In addition, any re-use, publication and making available of information, images, text or other material received by the participant in connection with these Terms and Conditions is prohibited, unless explicitly authorized by TRUEFIT. If the participant uses content, texts or visual material in connection with TRUEFIT in which third parties have a property right, the participant must ensure that no property rights of third parties are infringed.
17. data protection
TRUEFIT may process and use the personal data collected in the course of concluding the contract in order to fulfil its obligations under the contract. TRUEFIT shall take all measures necessary to secure the data in accordance with the law. The Participant fully agrees to the storage and contractual use of his/her personal data by TRUEFIT and is aware that TRUEFIT is obliged and entitled to disclose information from the Participant to the courts or authorities by order of those authorities or courts. Unless specifically prohibited by the participant, TRUEFIT may use such personal information for marketing purposes. The information necessary to provide the service may also be disclosed to contracted service partners or other third parties.
Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
19. force majeure
If the timely fulfillment by the company, its suppliers or third parties is impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and insurrections, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the company is released from the fulfillment of the affected obligations for the duration of the force majeure as well as a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, TRUEFIT may withdraw from the contract. TRUEFIT has already granted the participant
to reimburse in full the remuneration paid. Any further claims, especially claims for damages due to vis major are excluded.
20. applicable law / legal venue
All legal relationships between the Customer and TRUEFIT are governed by Swiss law. The Vienna Convention on the International Sale of Goods shall not apply.
The place of jurisdiction for disputes arising out of or in connection with the legal relationship between TRUEFIT and the Customer is Zurich for a consumer or the consumer's place of residence. Otherwise, the courts of Zurich shall have exclusive jurisdiction for disputes arising from or in connection with legal relationships between TRUEFIT and the Customer.
21. severability clause
Should individual provisions of the GTC be or become invalid or ineffective, or should the GTC contain an unforeseen gap, the validity of the remaining provisions and the GTC as a whole shall remain unaffected. In place of invalid or missing provisions, the dispositive legal law shall apply.
22. place of jurisdiction and applicable law
Zurich is the exclusive place of jurisdiction. The contract is subject to Swiss law.