Terms of service
General Terms and Conditions and Customer Information
General Terms and Conditions (GTC) for www.gymgeneration.ch - Online Shop of Limantix AG
1. Term
The online shop gymgeneration.ch is an offer of Limantix AG (hereinafter referred to as Limantix) located in CH-8173 Neerach.
2. Validity of Conditions
Deliveries, services, and offers from Limantix are made exclusively on the basis of these terms and conditions, even if they are not explicitly agreed upon again. By ordering the goods or service, these conditions are accepted. General purchasing conditions of the buyer are hereby opposed. Deviations from these terms and conditions are only effective if they are confirmed by us in writing. Limantix may change these terms and conditions at any time without prior notice.
3. Offer and Conclusion of Contract
The offers of Limantix in price lists and advertisements are non-binding and without obligation. Every online order is binding. Order confirmations are only created upon explicit request. The details in our sales documents (graphics, illustrations, dimensions, weights, and other services) are to be understood as guidelines only and do not represent a guarantee of properties unless they are explicitly designated as binding in writing. If a buyer exceeds his credit limit with an order, we are released from our obligation to deliver.
4. Prices
The prices stated in our order confirmation are decisive. These are fixed at the time of order for stock items. For supply shortages and procurements, the daily price on the day of order applies. Unless otherwise agreed, prices are exclusive of transport costs, including VAT.
5. Delivery and Performance Time
All items offered by gymgeneration.ch are in stock and available for immediate delivery. The delivery period is 2-3 working days. The delivery times specified are to be understood as non-binding, unless something else has been expressly agreed upon in writing.
6. Delay in Acceptance
If the buyer refuses to accept the delivery items after the expiration of a grace period set for him or declares that he does not want to accept the goods, Limantix may refuse to fulfill the contract and demand compensation for non-performance. Limantix is entitled to demand, at its discretion, either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer.
7. Delivery
Delivery is exclusively by shipping. Pickup is not possible for logistical reasons. The risk of transport is transferred to the buyer as soon as the shipment has been handed over to the transport company. The shipment is, however, limitedly insured. Visible quantity differences must be reported immediately upon receipt of goods, concealed quantity differences within 3 days after receipt to Limantix AG and the carrier in writing. Complaints concerning damage, delay, loss, or poor packaging must be reported immediately upon receipt of the shipment.
8. Transfer of Risk
The risk is transferred to the buyer as soon as the shipment has been handed over to the transporting person. If the shipment is delayed or becomes impossible without our fault, the risk passes to the buyer upon notification of readiness for shipment. An agreement to bear the transport costs by Limantix does not affect the transfer of risk.
9. Warranty
The warranty according to the following provisions is 2 years unless expressly agreed otherwise in writing. The warranty period begins with the delivery date. If our maintenance instructions are not followed or changes are made, any warranty is void insofar as the defect can be attributed to this. This also applies if the defect is due to improper use, storage, and handling of the products. Minor deviations from assured properties of the goods do not trigger warranty rights. Liability for normal wear and tear is excluded. Warranty claims against Limantix are only available to the direct buyer and are non-transferable.
10. Returns & Exchange of Goods
For returns, we require that the defective item be sent to Limantix AG (Gym Generation) with a written complaint and a copy of the invoice. Shipping costs are to be borne by the buyer. Exchanging products does not initiate new warranty periods. The warranty is limited exclusively to the repair or exchange of the damaged items. Swiss law does not provide for a right of return or exchange for purchases made in stores or online. However, on a voluntary basis, we offer our customers a credit in the form of a voucher for the purchase of another product/size from our extensive range. Once returned items have arrived at our warehouse, we send the customer a voucher for our online shop to the email address used for the order. Items can only be returned if they have only been tried on and not already worn or washed. The voucher is valid for 5 years from the date of issue.
11. Retention of Title
The delivered goods remain the property of Limantix AG until full payment is made.
12. Payment
Invoices are payable in advance by bank transfer, credit/debit card, or PayPal, unless otherwise agreed. Free delivery offered in the shop gymgeneration.ch is only valid for Swiss Post Economy deliveries. For other shipping methods, delivery is generally at the expense of the buyer by parcel post, freight forwarding, or own vehicle, unless explicitly agreed otherwise. A payment is considered made only when we can dispose of the amount. If the buyer is in default, we are entitled to charge interest at the rate of 5% from the relevant point in time. During the period of default, Limantix is also entitled at any time to withdraw from the contract, reclaim the delivered goods, and claim damages for the failure of the contract. All claims become immediately due if the purchaser falls into payment arrears, fails to meet other essential obligations from the contract, or if circumstances become known to us that are likely to reduce the creditworthiness of the purchaser, in particular cessation of payments, the pendency of comparison or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or only execute them against advance payment or securities.
13. Limitation of Liability
Claims for damages due to impossibility of performance, from breach of contract, from fault at contract conclusion, and from tort are excluded both against us and our agents, unless there is intentional or grossly negligent conduct. Any liability for consequential damages from the use of the products is denied.
14. Data Protection
Limantix is authorized to process data received in connection with business relations or in this context about the buyer, whether they come from the buyer himself or from third parties, in accordance with the Federal Data Protection Act. Personal customer data is treated confidentially and not disclosed to third parties.
15. Changes to the General Terms and Conditions
We reserve the right to change the GTC at any time. The GTC published in the webshop apply. For orders placed before the effective date of the amended GTC, the previous GTC will still apply even after the entry into force of the amended GTC.
16. Jurisdiction
8180 Bülach is the exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.