General Terms and Conditions (GTC) of EISENHORN AG

General Terms and Conditions (GTC) of EISENHORN AG

COPE OF APPLICATION

The following terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded by EISENHORN AG with customers (hereinafter referred to as “buyer”). By placing an order, the buyer accepts the GTC. They are an integral part of the contract. Irrespective of translations of these GTC, the German language version shall be binding.

ORDER, CONCLUSION OF CONTRACT

All offers are subject to change and do not oblige us to perform. The conclusion of the contract (order confirmation) is automatically sent to the buyer by e-mail. The information published by EISENHORN AG on its products and services are non-binding and are without exception considered to be purely indicative or recommendations. They do not constitute an offer to conclude a contract. Only the order confirmation is authoritative for delivery and other contractual terms.

PRICE AND DELIVERY

Unless otherwise expressly agreed, the prices are exclusive of the applicable statutory value added tax of the country of destination and exclusive of delivery and customs costs. These will be invoiced separately by the importer. Exception Switzerland: the prices here are inclusive of the statutory Swiss value added tax and apply in Swiss francs. EISENHORN AG determines the shipping route and the type of packaging. Benefit and risk of the products pass to the buyer upon delivery to the buyer’s location. Information on delivery times is considered approximate and is in principle non-binding. EISENHORN reserves the right to make price changes/adjustments at any time.

RETENTION OF TITLE

The goods remain the property of EISENHORN AG until final payment. The latter is hereby authorised by the buyer to have a reservation of title entered in the relevant register until full payment of the purchase price for the goods delivered by him.

TERMS OF PAYMENT FOR PURCHASE OF PRODUCTS

Prepayment applies, with a 30-day right of return on the products purchased. Please refer to the following paragraph.

RETURN OF GOODS / RIGHT OF WITHDRAWAL

The buyer may withdraw from the purchase within a period of 30 days from receipt of the goods. The withdrawal must be made in writing (letter/e-mail). The goods must be in mint condition and returned in the original packaging. After receipt of the goods, the purchase amount will be refunded.

COMPLAINTS, WARRANTY AND LIABILITY FOR PURCHASED PRODUCTS

EISENHORN provides a two-year factory warranty on its products. Included in the factory warranty are general defects in materials and workmanship.

The factory warranty applies to the original purchaser and is conditional upon proper use and observance/following of the instructions regarding maintenance, if any.

The buyer is obliged to check the products for completeness and proper function after delivery. EISENHORN AG must be notified in writing of any defects within two weeks. After expiry of this period, the goods are considered free of defects. In case of notification of damage, the proof of purchase and the serial number of the unit must be provided. Defective or damaged parts will be repaired or replaced by EISENHORN AG at its own discretion. Minor repairs, if reasonable, are to be carried out by the customer in accordance with EISENHORN’s instructions. If the appliance has to be collected from the customer for repair, disassembly, collection, return transport and reassembly are not included in the warranty services.

Deviations in dimensions or colours do not entitle the customer to make a complaint. The warranty does not cover damage for which the customer is solely responsible, e.g., damage caused to the customer by natural wear and tear, humidity, strong heating of the rooms, other temperature and weather influences, improper handling of the goods, negligent or wilful destruction, insufficient or omitted maintenance and cleaning measures, force majeure, faulty or improper assembly, changes to the construction or installation of components of foreign origin.

EISENHORN equipment is tested in accordance with the European standard EN ISO 20957-1:2013 for general safety requirements and test methods for stationary training equipment.

INTELLECTUAL PROPERTY RIGHTS

All product information and images provided by EISENHORN AG and/or its suppliers to purchasers and/or published on the internet are protected by copyright. The complete or partial reproduction as well as the complete or partial distribution by electronic or other means require the prior express consent of EISENHORN AG.

The buyer undertakes to comply with the respectively valid trademark guidelines of EISENHORN AG, irrespective of whether he copies the product information and images of EISENHORN AG or produces and uses corresponding product information and images himself.

The use of intellectual property rights concerning the products and product information is only permitted within the scope of these GTC; any other use requires the prior consent of EISENHORN AG. Removal of trademark and copyright notices from EISENHORN AG products or product information constitutes a material breach of contract entitling EISENHORN AG to terminate all current legal relationships without notice.

DISCLAIMER

By using EISENHORN products and/or applying training plans or downloading technical documents, the buyer agrees to the following terms and conditions:

Use of EISENHORN products and application of training plans:

EISENHORN shall not be liable for any damages of any kind – namely direct or indirect damages, consequential or incidental damages, losses or costs – resulting from incorrect use by the user.

Documents:

It cannot be completely ruled out that technical documents contain errors. EISENHORN AG is not liable for damages of any kind – namely direct or indirect damages, damages due to defects or consequential damages, losses or costs – which arise due to incorrect information in the technical documents, unless these errors are due to intent or gross negligence on the part of EISENHORN AG.

DATA PROTECTION

The buyer acknowledges that EISENHORN AG may process all data concerning the buyer which is necessary for the performance of the contractual relationship existing with the buyer. EISENHORN AG undertakes to process such buyer data carefully and in accordance with the provisions of the Data Protection Act. To the extent necessary for the conclusion or execution of the contract, EISENHORN AG may exchange data with authorities as well as third parties if this serves to check creditworthiness or to enforce claims.

FURTHER PROVISIONS

The buyer has no right of set-off. In particular, the buyer is not entitled to offset any refunds of EISENHORN AG against invoices for goods without the express consent of EISENHORN AG.

General conditions of the buyer are only binding for EISENHORN AG if they have been accepted in writing and expressly accepted by EISENHORN AG.

Amendments and supplements to the GTC and/or a sales contract must be made in writing. This also applies to an amendment of this written form requirement.

These GTC replace the previous GTC and are valid until revoked by EISENHORN AG.

PLACE OF JURISDICTION, APPLICABLE LAW, SEVERABILITY CLAUSE

The contractual relationship shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of EISENHORN AG. Should one or more of the above conditions be ineffective or invalid, the validity or effectiveness of the remaining conditions shall not be affected.

EXTENDED TERMS AND CONDITIONS MIKE5 MEMBERSHIP

TERMS OF PAYMENT FOR MEMBERSHIP

Membership can only be paid for online with a credit card. The entry fee will be charged to the credit card at the time of order. The first monthly fee will be charged at the same time.

TERM AND TERMINATION OF MEMBERSHIP

By purchasing a membership, the purchaser does not have to commit to any minimum contract period. The membership can be cancelled at any time.

 

Plaffeien, August 2021