Terms & conditions

General terms and conditions of business 1. Basics The following general terms and conditions of sale, delivery and payment apply exclusively to all offers, sales and deliveries by Fitcare Defuns. Deviations from these conditions, in particular the buyer's general purchasing conditions, only become part of the contract if they are expressly recognized in writing by Fitcare Defuns. If a provision of these general terms and conditions of sale and delivery and the other agreements made should be ineffective, this shall not affect the validity of the remaining provisions and agreements. Instead of the ineffective provision, an effective provision that comes closest to the economic regulation intended by the parties shall be deemed to have been agreed from the outset. 2. Prices The prices are in Swiss francs (CHF). VAT at the statutory rate is included in the price. Delivery costs are not included in the price. Additional costs incurred for the delivery are shown separately. Fitcare Defuns is not bound to previous prices for new orders (same as follow-up orders). If the place of delivery cannot be reached by truck, the responsibility and costs of delivery to the nearest point which can be reached by truck pass to the buyer. The buyer points out possible obstacles to delivery when purchasing, so that smooth delivery can be ensured. Deliveries are only possible within Switzerland and Liechtenstein. 3. Offers All information from Fitcare Defuns on prices, goods, delivery and other conditions, whether they are general or specific with regard to an inquiry by the buyer, are non-binding as long as Fitcare Defuns does not expressly submit a binding offer. Commissions and orders are only considered accepted if Fitcare Defuns has confirmed them in writing. The information contained in the order confirmation about the quality of the goods and other conditions take precedence over any deviating information in orders and assignments. 4. Delivery The delivery periods and dates are given by Fitcare Defuns to the best of its discretion and are adhered to as best as possible, but are non-binding and, in the event of non-compliance, do not entitle the buyer to withdraw from the contract or to claim damages or other claims. Fitcare Defuns expressly reserves the right to make partial deliveries. In the event of force majeure and/or other disruptions - regardless of whether they occur at Fitcare Defuns or its suppliers or auxiliary persons - which prevent or in any way complicate the manufacture or delivery of the goods, Fitcare Defuns is entitled without liability consequences to withdraw from the contract at our own discretion or to change the delivery periods and dates accordingly. Fitcare Defuns rejects any liability due to late performance or withdrawal from the contract. If delivery of the goods on call by the buyer has been agreed, the buyer is obliged to call off the goods within the agreed period after notification by Fitcare Defuns. If shipping or delivery is delayed at the request of the buyer so that the goods need to be stored temporarily, the related storage costs will be charged to the buyer. If Fitcare Defuns takes over the delivery of the goods and if the goods are not accepted during the agreed or usual delivery times, the additional expense of a further delivery is to be reimbursed by the buyer. Any other additional costs resulting from the delayed acceptance shall be borne by the buyer. The goods will be delivered to the agreed delivery address. The buyer is responsible for unloading the goods from the truck and, if necessary, transporting the goods to a location other than the unloading point (e.g. installation site). It is the buyer's responsibility to ensure that the goods are unloaded in a safe place. 6. Inspection and Acceptance of the Delivery The buyer must check the delivery upon receipt and notify Fitcare Defuns in writing of any defects as soon as possible, at the latest within 5 days of receipt of the delivery. If he fails to do so, the delivery is deemed to have been approved. All complaints must be made as soon as possible and before any use of the equipment. Defects that are not apparent upon immediate inspection must be reported in writing immediately after their discovery. Complaints and reclamations under no circumstances entitle the customer to refuse acceptance of the goods or performance of the agreed purchase price. In the case of obvious transport damage, the carrier must also be informed in any case and a corresponding note must be made on the delivery note to be signed. Eg "goods accepted with reservation". The damage must be confirmed by the driver. The transfer of risk from the seller to the buyer takes place when the delivery note is signed. 7. Material Warranty If there is a defect under commercial law, which demonstrably already existed at the time of the transfer of risk, and if the buyer has complied with his obligation to check the delivery and report defects, Fitcare Defuns can, at its discretion, repair the defective item or deliver a replacement or, if it wants to forgo a repair or replacement delivery, grant the buyer a reduction in the purchase price. This obligation of Fitcare Defuns and the corresponding right of the buyer expire 24 months after receipt of the delivery. The warranty period for electronic items and their components is 12 months. After this point in time, the buyer no longer has any claims, regardless of whether the defects are open or hidden. The buyer's aforementioned rights to defects do not exist in the case of the following defects: - Natural wear and tear. - Quality of the goods or damage that occurs after the transfer of risk or as a result of improper handling, storage, installation or maintenance, non-observance of installation and operating instructions or excessive stress or use. - Quality of the goods or damage caused by force majeure, special external influences that are not stipulated in the contract, or due to the use of the goods outside the normal use stipulated in the contract. - Natural properties of the material, especially the swelling and shrinkage of wood. - In the event of damage as a result of improper use (detailed information can be found in the operating instructions and safety instructions.) There are no claims of the buyer in the case of customary and/or only insignificant deviations from the agreed quality of the goods or in the event of only insignificant impairment of the usability. In the case of justified warranty defects, Fitcare Defuns assumes the costs of procuring the replacement items/parts and repairing the delivery item in our factory. The exchange of replacement objects / parts and the disposal of these is carried out on site by and at the expense of the buyer. 8. Cancellations and Returns Cancellations of orders by the buyer require the written consent of the seller. Complaints about a delivery do not entitle the buyer to cancel remaining or other deliveries. Goods from Fitcare Defuns can only be exchanged and taken back carriage paid and in absolutely perfect condition and only after prior consultation with Fitcare Defuns. Returns without prior agreement will not be accepted and will not be credited. All costs arising from exchange and return, in particular for time, packaging and freight, are borne by the buyer. 10. Additional Services If, in deviation from the purchase contract, additional services are requested by the buyer, the costs incurred will be charged to the buyer at cost. 12. Liability / Consequential Damage The buyer or operator is responsible for proper assembly, regular checks and safety. Any use is always at your own risk. Fitcare Defuns assumes no liability for damage resulting from installation and use. The instructions in the operating instructions and safety instructions regarding assembly and use must be observed or to comply with The buyer is responsible for compliance with local legal requirements. In particular, regulations regarding building permits, as well as health requirements for public facilities and approvals for heating systems. 13. Personal Security The buyer or operator is solely responsible for personal safety. This ensures that the safety regulations and safety instructions, which can be downloaded from www.arcticplunge.ch, are observed. Fitcare Defuns assumes no liability for injuries and accidents resulting from the operation. 14. Place of Performance and Jurisdiction The place of performance for the deliveries/services and payment for the goods is the Swiss headquarters of Fitcare Defuns. The ordinary courts at the Swiss registered office of Fitcare Defuns are responsible for all disputes arising from or in connection with the individual supply contracts, subject to deviating mandatory statutory provisions. 15. Governing Law The legal relationships between the buyer and Fitcare Defuns are exclusively subject to Swiss law.