GTC Sparta Online Shop
1. applicability and scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between SPARTA Fight & Fitness Academy GmbH (hereinafter referred to as “Sparta Academy”) and customers (hereinafter referred to as “you”) for products (hereinafter referred to as “Products”) purchased through our website (hereinafter referred to as “Online Shop”).
The online store is operated by:
SPARTA Fight & Fitness Academy GmbH Grossmattstrasse 14 8964
076 409 27 55
info@sparta-academy.ch
Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting conditions of the customer are not recognized.
Sparta Academy reserves the right to change these T&Cs at any time. All changes become effective with the publication of the new GTC on the website. The relevant point in time for the applicability of the valid GTC is the date of submission of the binding order to us when purchasing a product.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.
2. conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer, but only a non-binding online catalog or a non-binding invitation to the clientele to order the product in the online store. Sparta Academy expressly reserves the right to change the products themselves as well as the contents, such as images, assortment, prices and the descriptions of our products, at any time and without notice. Illustrations, pictures, brochures, advertisements and other information related to our products are for informational purposes only and are not binding on Sparta Academy.
The customer can place a binding order for the products selected by him via our online store. The customer can put the products he selects into the “shopping cart”. This is not yet considered a binding order. An order is only considered binding when the customer clicks on the order button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, identify any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our terms and conditions accepted by you during the ordering process. The confirmation email serves only as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of online ordering and your documentation.
After you have placed a binding order, Sparta Academy is free, at its sole discretion, to either accept the order or reject it by sending you an appropriate notification via email and without assuming liability to you or any third party. Any payment already made will be refunded upon cancellation of the order. Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is reason to believe that the customer is acting in violation of these TOS, individual contracts, fraudulent or other criminal activity, or for any other good cause.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the shipment of the ordered products.
Any commercial distribution or resale of our products is prohibited.
3. availability and reservation of performance for non-deliverable products
All information about the availability, shipping and delivery of a product is preliminary information and approximate. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available while our stocks last. If, while processing your order, Sparta Academy discovers that the products you ordered are not available, we will inform you immediately. In this case, a contract for the undeliverable products is not concluded, because the ordered products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
4. prices and shipping costs
Our products and prices are the same as those indicated on the website. All prices are quoted in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7%.
Sparta Academy reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time of placing the binding order.
5. payment terms/credit check
Orders are generally due for payment immediately.
The customer has the option to pay with the means of payment that are displayed on the website or in the ordering process. These may change from time to time. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those according to the respective credit rating). Sparta Academy is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on the customer’s data to third parties for this purpose.
By choosing the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes Sparta Academy to collect or collect payments in the appropriate manner. Should chargebacks occur, Sparta Academy is entitled to reimbursement of related costs and bank processing fees. Further, Sparta Academy shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and address information, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the entered payment data is correct. In case of payment refusal, Sparta Academy reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
When paying by invoice, the customer receives the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, Sparta Academy is entitled to charge its expenses for each reminder of at least CHF 50.- and further costs associated with the collection as well as the legal interest on arrears. Should the initiation of a debt collection become necessary, we will charge an additional processing fee of at least CHF 150.
6. delivery conditions
Delivery is always made via the delivery service of the Swiss Post AG. For deliveries to Switzerland, the shipping costs will be covered by Sparta Academy from an amount of 100 Swiss francs.
The products that you order in our online store and that are in stock will be delivered to you within [4-5] working days after receiving the full payment, depending on the destination.
If the products are marked as out of stock at the time of ordering, Sparta Academy will make every effort to deliver the products as soon as possible. Sparta Academy makes every effort to meet the stated delivery times. However, the is not responsible for delays in delivery, regardless of their causes. We will inform you immediately about any delays in delivery.
If the hindrance to performance lasts for more than [4] weeks after the original delivery date, the customer is entitled to revoke his order. Further claims, in particular claims for damages, are excluded.
If the delivery of the product fails due to the fault of the customer [trotz [drei]times, Sparta Academy can withdraw from the contract]. Any payments made will be refunded immediately.
Due to the current Corona situation and the currently high utilization of transport companies, there may be delays in delivery [von 2–3 Werktagen], for which we ask for your understanding. We will try our best to deliver the products as soon as possible.
7. retention of title
Sparta Academy remains the owner of the delivered products until they are paid in full.
8. right of withdrawal and return
Requirements
For all purchases of our products through our online store (with the exception of certain products; see withdrawal restrictions below), Sparta Academy grants the customer a voluntary right of withdrawal within [14] days of receipt of the products, without the customer having to justify this. The customer may withdraw from the contract within [14] days after receipt of the goods by returning the goods to us or by notifying us of the withdrawal in text form (e.g. letter, e-mail, fax) using the enclosed[form]. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the revocation notice is handed over to the post office or another transport company for return or shipment on the last day.
Prerequisite for the exercise of the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
Sparta Academy, [Grossmattstrasse 14, 8964 Rudolfstetten
Follow
The return of a product is at the expense and risk of the customer. Please get confirmation of your return and keep this confirmation. In case of package loss, your return can only be credited upon presentation of this document.
In case of proper return of the goods, we will refund the total price paid by the customer no later than 14 days from the day we received the goods. The refund is based on the original payment method used and is always made to the associated account that was used for the payment, unless otherwise expressly agreed with you. Please make sure that you have access to the specified bank account, as Sparta Academy assumes no liability in this regard. Refunds will be made within [30] days of Sparta Academy’s receipt of the merchandise.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Revocation restrictions
The right of withdrawal does not apply to contracts for the delivery of products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products), or if the delivery concerns products that are not suitable for return for health or hygienic reasons and whose packaging has been opened after delivery.
9. notice of defects/warranty
Sparta Academy warrants that the goods comply with the warranted characteristics and do not have any defects that affect their value or their suitability for the intended use.
Upon receipt of the products, the customer shall immediately inspect them for correctness, completeness and any damage. Defects or damage must be reported to Sparta Academy within 3 business days. Defects which could not be discovered during a proper inspection and which only appear later must be notified in writing immediately after their discovery. If you do not inspect or immediately report the defect, the goods shall be deemed approved and you shall no longer be entitled to assert any claims against us.
The statutory warranty provisions against manufacturing defects/material or production faults apply. The warranty period is 2 years from the date of receipt of the product. Excluded from the warranty are products damaged by the buyer’s own fault.
The customer’s warranty claims shall be limited to [replacement delivery or elimination of defects/rectification to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage]. Sparta Academy decides on replacement delivery or rectification at its own discretion. If subsequent delivery or rectification fails, the customer shall be entitled to withdraw from the contract in the event of significant defects.
For complaint notification or service questions, please contact us at the following address with the order number, customer number, error description and other helpful information:
Sparta Academy, Grossmattstrasse 14, 8964 Rudolfstetten, 076 409 27 55, info@sparta-academy.ch
The defective product must be returned to Sparta Academy at the above address with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please get confirmation of your return and keep this confirmation, because in case of package loss your warranty claim cannot be processed.
10. registration for an account
When registering a customer account, you can [view information about your completed, open and recently shipped orders and manage and store your address data, any payment data and any newsletter]. Since your data is stored, you do not have to re-enter it when you make another purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Sparta Academy guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. For more information on data protection, please refer to our privacy policy.
Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
Sparta Academy is not obliged to accept the registration or the order of a registered customer.
11. data security
We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of passwords, data carriers and transmissions, pseudonymization, controls. We cannot guarantee the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail.
12. liability
Sparta Academy is liable in case of breach of its own obligations arising from these GTC and the contractual relations based on them for damages caused by it [by unlawful intent or gross negligence and proven. Liability is expressly excluded for slight and moderate negligence as well as for indirect and consequential damages, whether in contract, tort or otherwise. Indirect damages include, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of Sparta Academy’s services. In addition, Sparta Academy assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability of Sparta Academy do not apply in case of culpable injury to life, body and health directly caused by Sparta Academy as well as in case of mandatory legal regulations, including the regulations of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, shall be limited to the price of the goods ordered by the customer from us].
Event outside our sphere of influence
In the event of the occurrence of an event beyond our control and influence (so-called force majeure), we shall not be liable or responsible for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event outside our sphere of influence exists, for example, in the following cases:
In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor lines or other means of public or private transportation.
If an event beyond our control occurs that affects the performance of our obligations under the contract, we will notify you at the earliest possible opportunity.
13. data protection
Sparta Academy collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of your personal data, your rights and related issues, please see our Privacy Policy at , which forms an integral part of these GTC.
14. copyright
The information and content published on the website are protected by copyright and are the property of Sparta Academy or the respective rights holder. Duplication, processing, distribution or any other form of exploitation require the prior written consent of the respective copyright owner. Sparta Academy and the relevant rights holder expressly reserve all rights in this regard.
15. severability clause
If any provision of these GTC is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same applies to any gaps in these GTC.
16 Applicable law and place of jurisdiction
These GTC, the contractual relations based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The place of jurisdiction for natural persons is the registered office of Sparta Academy or at the customer’s place of residence. For legal entities, the place of jurisdiction shall be exclusively the registered office of Sparta Academy.
