Terms of service

 

General Terms and Conditions of HighPowered Fitness GmbH
Version 30.06.2024

HighPowered Fitness GmbH
Ausserdorfstrasse 1
6418 Rothenthurm
Switzerland
Phone: +41 44 585 18 58 
Email: team@highpowered.ch

1. Scope
These General Terms and Conditions ("GTC") apply to all contractual relationships between the customer and HighPowered Fitness GmbH ("HighPowered"), unless otherwise agreed. Any terms and conditions of the customer that conflict with or deviate from these GTC are not recognized.

HighPowered reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order is authoritative and cannot be changed unilaterally for that order. 

The offer of products and services in the online shop is aimed exclusively at customers with a place of residence or registered office in Switzerland. Deliveries are made exclusively to addresses in Switzerland.

2. Prices and products
The prices stated in the online shop at the time of the order or on quotations are binding and include statutory VAT (for deliveries in Switzerland 8.1% of the value of the goods, 2.6% for food).
Images of products in the online shop, advertising, etc. are for illustration purposes and are non-binding.

3. Conclusion of contract
The products and prices in the online shop are deemed to be an offer (while available), except in cases where delivery is impossible or the price is stated incorrectly (resolutory condition). The purchase contract is concluded when the order is placed (online, on site, by telephone or email) or the quotation is signed. Orders oblige the customer to accept the products. 

Subsequent changes to or cancellations of orders may be accepted by HighPowered at its sole discretion. HighPowered may claim compensation for administrative expenses of up to 20% of the order value for this.

4. Availability, delivery time and delivery date
HighPowered makes every effort to provide up-to-date and accurate information on availability and delivery times in the online shop. However, delivery delays may occur, particularly due to production or supply bottlenecks. All information on availability and delivery time is therefore provided without guarantee and may change at any time. Receipt of an automatically generated order confirmation does not constitute a commitment that a product can actually be delivered. 

If HighPowered is in default of delivery, the customer (except for orders placed by business customers) has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In the event of withdrawal, HighPowered will refund any amounts already paid by the customer. No further claims against HighPowered exist.
If, after an order has been placed or the contract has been concluded in accordance with section 3, delivery becomes impossible in whole or in part (resolutory condition), the customer will be informed immediately. If the customer has already paid, this amount will be refunded. Further claims due to the total or partial failure of delivery are excluded.
The customer's delivery address must be easily accessible for delivery; otherwise the customer will bear any additional costs. If the customer does not accept delivery at the agreed place and time, HighPowered may withdraw from the contract. The customer must reimburse all costs associated with the terminated contract.

5. Payment and default of payment
The customer may use the payment options offered in the online shop under “Payment methods”. Goods ordered but not paid for remain the property of HighPowered until full payment has been made. HighPowered is entitled to make a corresponding entry in the retention of title register. When purchasing on invoice, the customer is obliged to pay the invoice amount within 30 calendar days of receiving the invoice. If payment by installments has been agreed, the customer is obliged to pay the invoice amount by the date specified in writing.

If the customer defaults on payment, all outstanding amounts owed by the customer to HighPowered on any legal basis will become due immediately (in the case of advance payment, within 14 calendar days of the first reminder), and HighPowered may demand these immediately and suspend further deliveries of products to the customer. HighPowered charges compensation for administrative expenses of CHF 5.– for the second reminder and CHF 20.– for the third reminder. 

6. Defects, inspection obligation and warranty
The customer must immediately inspect delivered or collected products for correctness, completeness and damage/defects (including delivery damage). Any defects and damage must be reported/notified to HighPowered immediately, but no later than within five calendar days from the time of delivery or collection. HighPowered undertakes to replace defective goods within a reasonable period or to refund the purchase price to the customer. The customer must send the goods complained about to HighPowered in unused condition. Rights in respect of defects that are reported late are forfeited. 

HighPowered provides private customers with a two-year guarantee from delivery or collection that the ordered products are free from defects. For business customers, the guarantee period is one year. If the manufacturer of the products grants additional warranty claims, these are also available to the customer. The customer must notify HighPowered immediately of any guarantee case. The guarantee period continues to run regardless of any guarantee services provided. It is up to HighPowered to decide how the guarantee service is provided (e.g. repair, replacement with an equivalent product, credit in the amount of the current value or purchase price, price reduction, etc.). Wear parts are excluded from the guarantee. All further statutory warranty provisions are excluded to the extent permitted by law.

7. Liability and exclusion of liability
HighPowered's liability is governed by the applicable statutory provisions. However, HighPowered is in no case liable for (i) slight negligence, (ii) indirect and consequential damages including lost profit, (iii) unrealized savings, (iv) damages resulting from delayed delivery, or (v) any acts and omissions of HighPowered's auxiliary persons, whether contractual or non-contractual.

Furthermore, HighPowered rejects liability in the following cases: (i) improper storage, setup or use of the products, or storage, setup or use contrary to the contract or the law; (ii) omitted or incorrect maintenance and/or improper modification or repair of the products by the customer or third parties; (iii) force majeure, in particular damage caused by natural elements, moisture, falls and impacts, etc., for which HighPowered is not responsible; and (iv) official orders.

These limitations of liability also apply to all damage in connection with the use of or access to the HighPowered website or from links to third-party websites. HighPowered does not guarantee that the individual parts of its website will function without errors. In addition, HighPowered rejects all liability for manipulation of the internet user's IT system by unauthorized persons. The information on the website is provided solely for informational purposes, and HighPowered gives no warranty as to its accuracy, completeness or timeliness. Links to third-party websites are beyond HighPowered's control, which is why HighPowered assumes no responsibility whatsoever for the accuracy, completeness and legality of the content of such websites or for any offers and services contained on them. 

8. Withdrawal and return of defect-free products
HighPowered and consumers may withdraw from the contract without giving reasons and return the ordered goods. The declaration of withdrawal must be received by the recipient in writing (including email) within 30 days of receipt of the order. The products must be professionally packaged with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full. Shipping costs will be deducted from the refund.

Business customers have no right of withdrawal or return.

9. Data protection
All data required for the order is stored by HighPowered and treated confidentially, without being passed on to third parties. Payment method data is transmitted in encrypted form and not stored. The customer may request the deletion of their data at any time, which will be confirmed immediately by HighPowered. The entry of personal or business data (email addresses, names, addresses) is voluntary, and use of the services offered is also possible without this data or by providing anonymized data or a pseudonym. The use by third parties of the contact details published in the legal notice for sending information not expressly requested is prohibited, and legal action against senders of spam emails is reserved.

The privacy policy applies to the processing of personal data by HighPowered: https://highpowered.ch/policies/privacy-policy

10. Partial invalidity
If individual provisions of these GTC are invalid or ineffective, this has no effect on the validity of the remaining provisions and of these GTC as a whole.

11. Applicable law and place of jurisdiction 
All legal relationships between HighPowered and the customer are subject to substantive Swiss law. The Vienna Sales Convention is excluded.
For claims brought by consumers, their place of residence or Schwyz is the place of jurisdiction. In all other cases, Schwyz is the exclusive place of jurisdiction.
12. Copyright and trademark law
The copyrights and trademark rights for published works created by HighPowered itself remain solely with HighPowered. Reproduction or use of such graphics, audio documents, video sequences, texts or other works in other electronic or printed publications is not permitted without the express consent of HighPowered.