General Terms and Conditions (GTC) of EISENHORN AG
Cope of application
Order, conclusion of contract
Price and delivery
Retention of title
Terms of payment for purchase of products
Return of goods / Right of withdrawal
Buyers from Switzerland and the European Union may withdraw from the purchase within a period of 30 days from receipt of the goods. The withdrawal must be made in writing (e-mail). The costs for the return shipment shall be borne by the buyer. After receipt of the goods, the purchase amount will be refunded minus the corresponding credit card/bank transaction fees. For payments in currencies other than Swiss francs, the refund will be made at the current daily exchange rate. The goods must be in mint condition. It is mandatory for the return to be made in the original packaging. Special return conditions apply to the designer wardrobe: it can only be returned new, unopened and in its original packaging. It is not possible to return an assembled wardrobe.
COMPLAINTS, WARRANTY AND LIABILITY FOR PURCHASED PRODUCTS
EISENHORN AG grants a five-year factory warranty on the main components of the units. The factory warranty includes general material and manufacturing defects. The factory warranty applies to the original purchaser and assumes that the product is used as intended and that the instructions regarding maintenance, if any, are observed/followed. The buyer is obliged to check the products for completeness and proper function after delivery. Defects must be reported to EISENHORN AG in writing within two weeks. After expiry of this period the goods are deemed to be free of defects. If damage is reported, 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 instructions from EISENHORN AG. If the unit has to be collected from the customer for repair, the 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. EISENHORN reserves the right to deviations in colour and grain of the wooden surfaces in the case of replacement part deliveries and subsequent deliveries. Deviations in the colour of the wood must be expected with subsequent deliveries and replacement part deliveries. Wood is a natural material and changes its colour depending on external circumstances. Unless explicitly stated otherwise in the instructions for use, EISENHORN products are designed for indoor use (0-40°C and 30-75% humidity). The warranty does not cover damage for which the customer is solely responsible, e.g. damage caused by natural wear and tear, humidity, strong heating, 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. Unless explicitly stated otherwise in the instructions for use, EISENHORN AG equipment has been 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 made available to buyers by EISENHORN AG and/or its suppliers 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 framework of these GTC; any other use requires the prior consent of EISENHORN AG. The removal of the trademark and copyright notices on the products of EISENHORN AG constitutes a material breach of contract, which entitles EISENHORN AG to terminate all current legal relationships without notice.
By using EISENHORN AG products and/or applying training plans and downloading technical documents, the buyer agrees to the following terms and conditions:
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 use by the user. It cannot be completely ruled out that the 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 error(s) are due to intent or gross negligence on the part of EISENHORN AG.
The buyer acknowledges that EISENHORN AG may process all data about the buyer which are necessary for the performance of the contractual relationship existing with the buyer. EISENHORN AG undertakes to process this 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 assert claims.
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 is subject to 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 online with a credit card. The entry fee is charged to the credit card when the order is placed. The first monthly fee will be charged at the same time.
TERM AND TERMINATION OF MEMBERSHIP
With the purchase of a membership, the buyer does not have to commit to any minimum contract period. The membership can be cancelled at any time.