General terms and conditions
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 via the TRUEFIT Online Shop (hereinafter referred to as "Online Shop").
TRUEFIT reserves the right to change these Terms and Conditions at any time. The version of the Terms and Conditions that is valid and available at the time of the order is decisive and cannot be modified unilaterally.
Any provisions or general conditions of the Customer or of third parties that conflict with these GTCs shall not be valid. The GTC shall also apply exclusively, if TRUEFIT, after having become aware of deviating provisions or general conditions, provides its services without reservation.
2. offer / conclusion of contract
The offer, i.e. all information on goods and prices in the Online Shop, (hereinafter "offer") is directed exclusively at customers with residence/registered office in Switzerland and Liechtenstein. All information regarding the Offer is non-binding for TRUEFIT and does not constitute a request in the legal sense. TRUEFIT expressly reserves the right to make changes to its offer, i.e. changes in the product range and prices, at any time. Images in the Online Shop etc. are for illustration purposes only and are not binding on TRUEFIT.
By sending the order within the ordering process of the Online Shop, the Customer submits a binding offer, which cannot be changed. 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, a contract is concluded. 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 have been 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.
The prices quoted in the Online Shop are in Swiss Francs (CHF), include the statutory value added tax of 7.7% and do not include any shipping costs. The respective price at the time of the order shall apply. 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 payment by the customer can be made by PayPal, on account or prepayment.
4.1 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 fails to 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 due. 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 procedure. A breach of the payment obligation by the Customer may result in the Customer no longer being offered the payment method purchase on account in future online orders of goods, even by traders other than TRUEFIT.
If the Customer is in default of payment, all claims of TRUEFIT against the Customer shall be due immediately. Furthermore, the CUSTOMER may only offset claims of TRUEFIT against counterclaims, if his counterclaims are legally binding or undisputed or acknowledged by TRUEFIT. The Customer shall only have a right of retention of the performance owed by him, if his counterclaim is based on the same contractual relationship.
5. 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 retention of title in the retention of title register.
6. notice of defects / warranty
The customer has to check the ordered goods immediately after their delivery by the carrier for defects. Notice of defects must be given 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 that were not recognizable during the immediate and proper inspection of the Customer (hidden defects) must be reported immediately.