General Terms and Conditions (GTC) of EISENHORN AG
This is a translation from the original German version. In case of doubt, the German version of the terms and conditions always applies.
SCOPE OF APPLICATION
The following terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded by EISENHORN with customers (hereinafter referred to as “buyer”). By placing an order, the buyer accepts these terms and conditions. They are an integral part of the contract. Please note the extended conditions for the purchase of a MIKEPLAN MEMBERSHIP in the last paragraph.
ORDER, CONCLUSION OF CONTRACT
All offers are subject to change and do not obligate us to perform. The conclusion of the contract (order confirmation) is automatically sent to the buyer by e-mail. The information published by EISENHORN regarding its products and services is non-binding and is considered without exception to be mere advice or recommendations. They are not an offer to conclude a contract. Only the order confirmation is authoritative for delivery and other contractual conditions.
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 include the statutory Swiss VAT and are quoted in Swiss Francs. EISENHORN AG determines the shipping route and the type of packaging. The benefit and risk of the products are transferred to the buyer upon delivery at the buyer’s location. Information regarding delivery times is considered approximate and is generally non-binding. EISENHORN reserves the right to change/adjust prices at any time.
TERMS OF PAYMENT FOR PURCHASE OF PRODUCTS
The advance payment is valid, whereby a 30-day right of return exists for the purchased products. Please note the following paragraph.
RETURN OF GOODS / RIGHT OF REVOCATION
The buyer can withdraw from the purchase within a period of 30 days from receipt of the goods. The cancellation must be made in writing (letter/e-mail). The goods must be in absolutely mint condition and returned in the original packaging. EISENHORN will bear the costs of the return shipment against proof of costs by the buyer (up to a maximum of CHF 100). After receipt of the goods, the purchase amount will be refunded.
COMPLAINTS, WARRANTY AND LIABILITY FOR PURCHASED PRODUCTS
EISENHORN offers a two-year factory warranty on the devices. When ordering, there is the possibility to purchase a warranty extension to 5 years for some products. Included in the factory warranty are general material and manufacturing defects.
The factory warranty is valid for the first buyer and assumes that the product is used as intended and that the instructions regarding possible maintenance are observed/followed.
The buyer is obliged to check the products for completeness and proper function after delivery. Defects must be reported to EISENHORN in writing within two weeks. After expiry of this period, the goods shall be deemed free of defects. When reporting a defect, the proof of purchase and the serial number of the device must be communicated. Defective or damaged parts will be repaired or replaced by EISENHORN at their own discretion. Minor repairs, as far as reasonable, are to be carried out by the customer according to EISENHORN’s instructions. If the device must be collected from the customer for repair, disassembly, collection, return transport and reassembly are not included in the warranty.
Deviations in dimensions or colours do not entitle to a complaint. The warranty does not cover damage for which the customer is exclusively responsible, e.g. damage caused 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, lack of 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 has been tested in accordance with the European standard EN ISO 20957-1:2013 for general safety requirements and test procedures for stationary training equipment. Series R equipment, for home use (class H) Series E equipment, for professional use such as sports clubs, school facilities, hotels, gymnasiums, clubs, rehabilitation centres and studios (classes S and I).
When using EISENHORN products and/or applying training plans as well as 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 damages of any kind – namely direct or indirect damages, damages caused by defects or consequential damages, losses or costs – resulting from incorrect use by the user.
It cannot be completely excluded that technical documents contain errors. EISENHORN shall not be liable for damages of any kind – namely direct or indirect damages, consequential damages, losses or costs – that result from incorrect information in the technical documents, unless these errors are due to intent or gross negligence on the part of EISENHORN.
The buyer acknowledges that EISENHORN can process all data about the buyer which are necessary for the execution of the existing contractual relationship with the buyer. EISENHORN undertakes to process this buyer data carefully and in accordance with the provisions of the Data Protection Act. As far as necessary for the conclusion or the execution of the contract, EISENHORN may exchange data with authorities as well as third parties, if this serves to check the creditworthiness or to assert claims.
JURISDICTION, APPLICABLE LAW, SEVERABILITY CLAUSE
The contractual relationship is subject to Swiss law, excluding the UN Sales Convention. Exclusive place of jurisdiction is the registered office of EISENHORN. Should one or more of the above terms and conditions be invalid or void, the validity or effectiveness of the remaining terms and conditions shall not be affected.
EXTENDED CONDITIONS MIKEPLAN MEMBERSHIP
TERMS OF PAYMENT FOR MEMBERSHIP
Membership can only be paid online with a credit card. The credit card will be charged with the admission fee when the order is placed. At the same time, the first monthly fee is charged.
TERM AND CANCELLATION OF A MEMBERSHIP
With the acquisition of a membership the buyer does not have to commit himself to a minimum contract period. The membership can be cancelled monthly. For this the buyer simply writes us a corresponding message. The monthly payment for the membership is stopped within 10 days.
Plaffeien, April 2020