General Terms and Conditions

Last updated: April 29, 2024

1. Scope of application

1.1. The use of this website and the business relationship between Bodyswiss AG, registered under commercial register number CHE-201.144.588 and domiciled at Bodenstrasse 5, 8332 Rumlikon, (hereinafter “Bodyswiss AG”) and its customers are subject to the following General Terms and Conditions (GTC) in their current version. The GTC are available and valid at the time of visiting the website or ordering goods.

1.2. The offer on this website is aimed exclusively at customers resident in Switzerland, the Principality of Liechtenstein, Germany and Austria.

1.3. For the purposes of these GTC, a customer is any natural or legal person who maintains business relations with Bodyswiss AG.

1.4. The GTC, terms of delivery and payment and data protection provisions may be updated from time to time. These GTC are binding and apply exclusively. Deviating or supplementary conditions require the express written confirmation of Bodyswiss AG in order to be effective.

1.5. By using this website or ordering goods, the customer expressly agrees to these GTC, including the terms of delivery and payment.

1.6. Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

2. Offer and performance

2.1. The presentation of the products in the online store merely serves as an invitation to order and does not constitute a legally binding offer.

2.2. Descriptions of services in catalogs or on the websites of Bodyswiss AG are not binding assurances or guarantees

2.3. All offers are only valid “while stocks last”, unless expressly stated otherwise.

2.4. Errors and mistakes in relation to offers and product descriptions are reserved.

3. Prices

3.1. The prices quoted by Bodyswiss AG include statutory VAT as standard, as well as any advance recycling fees and copyright levies for electronic devices, unless otherwise stated.

3.2. All prices are quoted in Swiss francs (CHF) and are net prices.

3.3. Additional shipping costs, unless otherwise stated, are to be borne by the customer and are shown separately in the order process.

3.4. Bodyswiss AG reserves the right to correct technical changes as well as errors and misprints. In particular, the company reserves the right to make price changes at any time and without prior notice.

3.5. Please note that consulting and support services are not included in the sales prices.

4. Order and conclusion of contract

4.1. The offers on the Bodyswiss AG website serve as a non-binding invitation to customers to order products and/or services from Bodyswiss AG.

4.2. By placing an order via this website and agreeing to these GTC, the customer submits a legally binding offer to conclude a contract.

4.3. Bodyswiss AG then automatically sends an “order confirmation” by e-mail, which confirms receipt of the customer’s offer by Bodyswiss AG.

4.4. Orders placed are binding for the customer, unless otherwise stated. Unless otherwise stated, there is no right of return or withdrawal.

4.5. The contract is concluded as soon as Bodyswiss AG sends a declaration of acceptance by e-mail confirming the dispatch of the ordered products or services.

4.6. Orders will only be delivered after full payment has been received and the goods are available.

4.7. Should it transpire after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, Bodyswiss AG reserves the right to withdraw from the entire contract or from part of the contract.

4.8. If payment has already been made, this will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay.

4.9. Bodyswiss AG shall not be obliged to make replacement deliveries in the event of termination of the contract.

5. Payment options

5.1. Bodyswiss AG offers the customer the payment options specified in the order process.

5.2. Bodyswiss AG reserves the right to exclude customers from individual payment options without giving reasons.

6. Retention of title

6.1. The delivered goods remain the property of the seller until full payment has been made.

7. Right of withdrawal

7.1. In accordance with the statutory provisions, the customer has a right of withdrawal within 14 calendar days of receipt of the goods.

7.2. The deadline shall be deemed to have been met if the customer sends the written revocation by e-mail or registered letter to Bodyswiss AG within this period. The revocation does not have to be justified.

7.3. The exercise of the right of withdrawal leads to the rescission of the contract. The customer is obliged to return the goods within 7 calendar days in their original packaging and complete with all accessories together with the delivery bill to the specified return address of Bodyswiss AG.

7.4. Returns to Bodyswiss AG are made at the customer’s expense and risk.

7.5. Any payments already made will be refunded to the customer within 20 calendar days of receipt of the goods by Bodyswiss AG, provided that the goods have already been returned or the customer can provide proof of shipment.

7.6. Bodyswiss AG reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct this from payments already made or to invoice the customer.

7.7. A right of withdrawal is not granted in the following cases:

– If the contract is subject to a random element, in particular if the price is subject to fluctuations over which Bodyswiss AG has no influence.

– If the contract is for a movable item that is manufactured according to the customer’s specifications or is clearly tailored to personal requirements.

– If the contract relates to digital content and this content is not made available on a fixed data carrier or if the contract must be fulfilled in full by both contracting parties immediately.

– If the contract is for a service and Bodyswiss AG must have completely fulfilled the contract with the express consent of the customer before the withdrawal period has expired.

8. Liability

8.1. Bodyswiss AG excludes all liability, irrespective of its legal basis, as well as claims for damages against itself, its employees and any agents.

8.2. Bodyswiss AG accepts no liability for indirect or consequential damage, loss of profit or other personal injury, property damage or financial loss suffered by the customer

8.3. Subject to mandatory statutory provisions, such as gross negligence or willful misconduct, any further liability shall remain unaffected.

9. Warranty

9.1. Bodyswiss AG strives to deliver goods of impeccable quality.

9.2. In the event of defects notified in good time, Bodyswiss AG shall assume the warranty for the freedom from defects and functionality of the purchased item by the customer during the statutory warranty period of generally two years from the date of delivery.

9.3. It is up to Bodyswiss AG to decide whether the warranty is to be provided in the form of a free repair. Further claims are excluded.

9.4. Collection and delivery costs in the event of a warranty claim shall be borne by the customer.

9.5. Normal wear and tear and the consequences of improper handling or damage by the customer or third parties as well as defects attributable to external circumstances are excluded from the warranty.

9.6. The warranty for consumables and wearing parts is also excluded.

10. Data protection

10.1. Bodyswiss AG is entitled to process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to fulfill the services may also be passed on to contracted service partners (e.g. logistics partners) or other third parties.

11. Applicable law

11.1. The relationship between Bodyswiss AG and its customers shall in all cases be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The application of the provisions of the Vienna Sales Convention (“United Nations Convention on Contracts for the International Sale of Goods”) is expressly excluded. It should also be noted that the contract language is German.