Conditions
Terms and Conditions (GTC)
Status: May 2024
1. Scope
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online shop www.smartfittools.com (hereinafter referred to as "online shop"). The online shop is operated by SmartFitTools.
The General Terms and Conditions also apply to all legal transactions within the framework of the SmartFitTools dealer program, in which selected third-party providers (hereinafter referred to as "dealers") offer products and services in their own name and sell them directly via the online shop.
For products marked as "used" in the online shop, the General Terms and Conditions of Purchase of the resale platform (GTC) apply additionally or differently.
SmartFitTools reserves the right to change these terms and conditions at any time. The version of the terms and conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. Conflicting or deviating customer conditions will not be recognized.
The offer is valid as long as the product is available in the online shop and/or stocks last.
For all orders of products that require a minimum age of 18 years (in particular alcohol and tobacco products), the customer confirms compliance with these legal provisions by placing the order.
Orders in quantities not exceeding normal household quantities may be rejected without giving reasons.
2. Information
2.1 Product and price Product images in advertisements, brochures, online shops, etc. are for illustration purposes only and are non-binding.
All sales prices published in the online shop are final prices that include all taxes (in particular VAT), advance recycling fees (ARF), packaging costs, delivery costs and all other duties and fees. A possible surcharge for small quantities will be charged by SmartFitTools. Such a surcharge of a maximum of CHF 9.00 will be charged if the shopping cart value is less than CHF 50.00. SmartFitTools and the dealers reserve the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is binding.
If the customer orders from a dealer based abroad who is not registered in the Swiss VAT register, the customer, as the importer of the products, is responsible for the Swiss import tax and customs duties. The customer authorizes SmartFitTools to make the import customs declaration and pay the Swiss import duties. The customer pays these duties in advance to SmartFitTools together with the purchase price. Any difference to the actual duties will be refunded to the customer.
2.2 Availability and delivery time SmartFitTools attaches great importance to up-to-date and accurate information on availability and delivery times in the online shop. However, delays may occur due to production or delivery bottlenecks. All information is provided without guarantee and can change at any time.
2.3 Additional services: Assembly and disposal Assembly includes delivery, unpacking and assembly of the ordered products including return of the packaging material. Disposal includes the environmentally friendly disposal of the items specified by the customer. These must correspond in type and quantity to the ordered product.
If the installation cannot be carried out for reasons for which the customer is responsible, there is no entitlement to reimbursement of the installation costs.
2.4 CO2 compensation SmartFitTools offers customers the opportunity to contribute to the CO2 compensation of their purchases. The selection is displayed during the ordering process. The contributions go to selected environmental projects. A refund of the climate contribution is not possible after the order has been prepared for shipping.
3. Conclusion of contract
The products and prices in the online shop are considered an offer. This offer is subject to the condition that delivery is impossible or the price is incorrect.
The purchase contract is concluded with SmartFitTools as soon as the customer places an order in the online shop.
For products and services from dealers, the contract is concluded directly between the dealer and the customer. SmartFitTools merely mediates these purchases and is not a party to the contract. The contract is concluded at the prices stated in the online shop in euros. Payment is made in Swiss francs.
Receipt of an order is indicated by an automatically generated order confirmation sent to the email address provided. This order confirmation does not guarantee delivery of the product, but only indicates receipt of the order.
4. Delivery date
The delivery times given are estimates and may not always be met. Customers will be informed immediately of any delays.
5. Delivery
SmartFitTools delivers internationally. It is not possible to collect the ordered products.
6. Duty to inspect
Customers must immediately check delivered products for accuracy, completeness and damage. Damage must be reported within 5 calendar days.
7. Warranty
SmartFitTools or the dealer grants a 2-year guarantee on the products' freedom from defects and functionality. Wear parts such as batteries, power cables, etc. are excluded from the guarantee. Any loss of data when handing over data storage devices is the responsibility of the customer.
8. Liability and exclusion of liability
SmartFitTools is not liable for slight negligence, indirect and consequential damages, lost profits or delays in delivery. Liability for improper use, force majeure or official orders is excluded.
9. Payment
SmartFitTools makes all payment claims for products and services in the online shop directly to the customer. Payments must be made in Swiss francs (CHF), euros (EUR) or US dollars (USD). In the event of late payment, reminder fees and collection costs may apply.
10. Change of order or cancellation
Changes or cancellations of orders may be accepted at SmartFitTools' discretion and may incur a handling charge.
11. Return of faultless goods
Under certain conditions, SmartFitTools grants a right of return. The return must be registered via the customer account and the products must be returned properly packaged.
12. Repair outside the warranty
The costs for repairs outside the warranty are borne by the customer.
13. Community
By publishing comments in the community, the author agrees to SmartFitTools' community terms and conditions.
14. Further provisions
14.1 Unattributable returns : Unattributable returns will be kept for six months and then disposed of.
14.2 Data protection : SmartFitTools’ data protection declaration applies to the processing of personal data.
14.3 Partial invalidity : Invalid provisions of these Terms and Conditions do not affect the validity of the remaining provisions.
14.4 Place of jurisdiction and applicable law : Legal relationships are subject to Swiss substantive law. The place of jurisdiction is Zurich or the consumer's place of residence.
14.5 Copyright notice : All rights to these terms and conditions are held by SmartFitTools. Any reproduction requires express consent.
These Terms and Conditions come into effect on May 1, 2024.