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. Regardless of translations of these GTC, the version in German is 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 is non-binding and is provided purely as an indication or recommendation. They do not constitute an offer to conclude a contract. Only the order confirmation is authoritative for delivery and other contractual conditions.
Price and delivery
The prices displayed in our online store apply for the respective country of destination. 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 to the buyer’s location. Information on delivery times is considered approximate and is generally non-binding. EISENHORN AG reserves the right to make price changes/adjustments at any time.
Retention of title
The goods shall remain the property of EISENHORN AG until final payment has been made. The purchaser hereby authorizes the latter to have a reservation of title entered in the relevant register for the goods delivered by him until the purchase price has been paid in full.
Terms of payment for purchase of products
Prepayment applies, whereby in Switzerland and the countries of the European Union there is a 30-day right of return on the purchased products. Depending on the country of destination, the legally owed VAT will be invoiced before or after delivery of the goods (according to the indication in the online shop).
Return of goods / Right of withdrawal
Buyers from Switzerland and the European Union can withdraw from the purchase within a period of 30 days from receipt of the goods. The revocation must be made in writing (e-mail). The costs for the return shipment shall be borne by the buyer. Upon receipt of the goods, the purchase amount will be refunded less the corresponding credit card/bank transaction fees. For payments in currencies other than Swiss francs, refunds will be made at the current exchange rate. The goods must be in mint condition. Returns must be made in the original packaging. If you place an order via one of our partners and use a partner code accordingly, you will not be entitled to the 30-day trial period. By using a partner code when ordering, the buyer acknowledges this regulation.
Complaints, warranty and liability for purchased products
EISENHORN AG grants a five-year factory warranty on the main components of the devices. The factory warranty covers general material and manufacturing defects. The factory warranty applies to the original purchaser and is subject to the condition that the product is used as intended and that any maintenance instructions 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 shall be deemed to be free of defects. When reporting damage, the proof of purchase and the serial number of the device must be provided. Defective or damaged parts will be repaired or replaced by EISENHORN AG at its own discretion. Minor repairs, where reasonable, are to be carried out by the customer in accordance with the instructions of EISENHORN AG. If the appliance has to be collected from the customer for repair, disassembly, collection, return transportation and reassembly are not included in the warranty services. Deviations in dimensions or colors do not justify a complaint. For spare parts deliveries and subsequent deliveries, EISENHORN reserves the right to deviations in the color and grain of the wood surfaces. Deviations in the color of the wood must be expected for subsequent deliveries and spare parts deliveries. Wood is a natural material and changes its color depending on external circumstances. Unless explicitly stated otherwise in the instructions for use, the products from EISENHORN are designed for indoor use (0-40°C and 30-75% humidity). The warranty does not extend to damage for which the customer is solely responsible, e.g. damage caused by natural wear and tear, moisture, excessive heating, other temperature and weather influences, improper handling of the goods, negligent or willful destruction, lack of or omitted maintenance and cleaning measures, force majeure, faulty or improper assembly, changes to the design or installation of components of third-party origin. Unless explicitly stated otherwise in the instructions for use, the equipment from EISENHORN AG 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. The factory warranty does not apply to wearing parts such as rubber cords, belts, loops, bushings, ropes, pistons, tooth plates, etc.
Intellectual property rights
All product information and images made available to purchasers 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 electronic or other means of complete or partial distribution require the prior express consent of EISENHORN AG. The purchaser undertakes to comply with the respective 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 further use requires the prior approval 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.
Disclaimer
By using the products of EISENHORN AG and/or by using Workout and by downloading technical documents, the purchaser agrees to the following terms and conditions:
EISENHORN AG shall not be liable for damages of any kind – namely direct or indirect damages, consequential damages, losses or costs – incurred as a result of 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, consequential damages, losses or costs – arising from incorrect information in the technical documents, unless these error(s) 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 about the buyer that is necessary for the execution of the contractual relationship with the buyer. EISENHORN AG undertakes to process this buyer data carefully and in accordance with the provisions of the Data Protection Act. Insofar as necessary for the conclusion or execution of the contract, EISENHORN AG may exchange data with authorities and third parties if this serves to check creditworthiness or to assert claims.
Further provisions
The buyer has no right of set-off. In particular, the purchaser is not entitled to offset any reimbursements from EISENHORN AG against invoices for goods without the express consent of EISENHORN AG. General terms and conditions of the buyer are only binding for EISENHORN AG if they have been accepted in writing by EISENHORN AG and expressly adopted. Changes and additions to the GTC and/or a purchase contract must be made in writing. This also applies to an amendment of this written form requirement. These GTC replace the previously valid 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 conditions MIKE5 membership
Payment conditions for joining
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.
Plaffeien, August 2024