1. SCOPE AND APPLICATION
1.1 Cizen Inc. sports & health AG offers a wide range of products as a retailer and reseller in the sports sector.
1.2 The present "General Terms and Conditions", hereinafter referred to as the GTC, regulate the rights and obligations in the relationship of Cizen Inc. sports & health AG to its customers. They apply to all business relationships between Cizen Inc. sports & health AG and customers, in particular for the delivery of products and the provision of services, unless otherwise agreed in writing.
1.3 Terms and conditions of the customer shall only apply if and to the extent that they have been expressly accepted by Cizen Inc. sports & health AG in writing and do not conflict with the terms and conditions of Cizen Inc. sports & health AG.
1.4 All ancillary agreements, changes, supplements and legally relevant declarations must be in writing in order to be valid.
1.5 Should individual provisions be or become ineffective or invalid, the validity and validity of the remaining provisions remain unaffected. In such a case, the invalid provision shall be reinterpreted or supplemented in the sense that the intended purpose of the provision is achieved as far as possible.
1.6 Amendments shall be communicated to the customer by circular or in another suitable manner and shall come into force without written request of the customer within one month.
2.1 The copyright © of all pages, texts, graphics and images on www.phiten.ch is subject to the copyright of the company Cizen Inc. sports & health AG and may also be protected by third parties. No part of this publication may be reproduced in any form and processed, duplicated or distributed using electronic systems without the written permission of Cizen Inc. sports & health AG. The use requires our express permission! All logos, trademarks of various providers used on our sites are each subject to their copyright.
2.2 Despite careful content control, we assume no liability for the content of external links. The content of the linked pages are the sole responsibility of their operators.
3. ORDERING, DELIVERY, DELIVERY OF PRODUCTS
3.1 Orders can be made in electronic form in the webshop, as well as by telephone or in writing.
3.2 The offer in the webshop is non-binding. For the scope and execution of the delivery is in principle the respective order confirmation or if no order confirmation is delivered, the respective delivery authoritative. With immediate delivery no order confirmation takes place. The availability or availability of the products remains with the manufacturer. The publication of specifications, scope of delivery etc. takes place in the webshop without guarantee. Relevant in this respect is the current specification and the current scope of delivery of the manufacturer of the products at the time of delivery of the products to Cizen Inc.
3.3 The delivery dates specified by Cizen Inc. sports & health AG are to be regarded as indicative only without express written assurances to the contrary. The specification of a delivery date is made to the best of our knowledge, but without guarantee. This is especially true in the case of delivery delays, z. B. as a result of replenishment problems at the manufacturer. Should a delivery be delayed beyond a delivery date promised in writing by Cizen Inc. sports & health AG, the customer may defer Cizen Inc. sports & health AG after expiry of a supplementary period of at least three weeks to be stated in writing and after unused expiration reasonable further grace period in the sequence of the order in question. Further claims are excluded in this case.
3.4 If the address is specified, a street name must be entered. Can not deliver packages to mailboxes. For parcel delivery, one person must be on site to receive the parcel.
3.5 In the event of supply disruptions due to circumstances for which Cizen Inc. sports & health AG has no influence, such as: For example, strike, lockout, material failure, transport or operational lock at the manufacturer or transportation problems, Cizen Inc. sports & health AG is entitled to cancel confirmed orders. In this case, the customer is entitled to a refund of any purchase price payment made; further claims are excluded.
3.6 Order changes or order cancellations requested by the customer require a written agreement with Cizen Inc. sports & health AG. Cizen Inc. sports & health may charge the customer for costs already incurred.
3.7 Cizen Inc. sports & health AG is entitled to make partial deliveries.
3.8 All technical data and information on the scope of delivery are manufacturer's information. Errors and omissions excepted. Cizen Inc. sports & health AG is not liable for damages resulting from the change of specifications and technical data / data on this page.
4. ACCEPTANCE AND TESTING
4.1 The customer is obliged to check the products and services supplied by Cizen Inc. sports & health AG immediately after delivery for completeness and accuracy and to report any damage, defects and complaints immediately after discovery, no later than 10 days after delivery, Cizen Inc. sports & health AG in writing.
5. TRANSITION OF BENEFITS AND DANGER
5.1 The transfer of the products to the transporter transfers the risk to the customer.
6. RETURN OF PRODUCTS
6.1 A return of products by the customer requires the prior consent of Cizen Inc. sports & health AG and takes place at the expense and risk of the customer. The return of the products must be in their original packaging and accompanied by a detailed description of defects / defects and proof of purchase.
6.2 Cizen Inc. sports & health AG reserves the right to return products with missing, defective or described original packaging or products that are no longer perfect to the customer at his expense and risk.
6.3 In any case, the processes defined by Cizen Inc. sports & health AG and the manufacturer's procedures apply. The customer must request a "return number with appropriate form" from Cizen Inc. sports & health AG prior to return.
6.4 Basically, there is no right of return of products, which the customer has ordered due to wrong assumptions or by mistake.
7.1 The prices of the products and services of Cizen Inc. sports & health AG are net in Swiss francs (CHF), including VAT, duty paid and from the distribution center of Cizen Inc. sports & health AG. Incidental costs such as costs for packaging and shipping / delivery (freight / transport) are not included in the prices, freight charges will be charged depending on the payment in a separate position on the bill.
7.2 The prices of the products as well as the ancillary costs are always calculated according to the price list at the time of the order confirmation or delivery. Insofar as Cizen Inc. sports & health AG has received the assurance from the manufacturers or suppliers to pass on price reductions to the customers, the prices apply at the time of delivery or handover of the products. Conversely, this also applies in the case of price increases by the manufacturer or supplier. Furthermore, Cizen Inc. sports & health AG may at any time make changes to the price list without prior notice. The product prices in the web shop are not binding in case of incorrect publication by Cizen Inc. sports & health AG.
8. PAYMENT TERMS
8.1 In the event of default of payment by the customer, Cizen Inc. sports & health AG is entitled, without further warning, to discontinue further deliveries to the customer in whole or in part until their claims have been repaid or secured. All consequences resulting from such a delivery are exclusively at the expense of the customer.
8.2 If the customer subsequently fails to repay his debts within a grace period set by Cizen Inc. sports & health AG or fails to ensure their fulfillment, Cizen Inc. sports & health AG is entitled to claim damages. In addition, Cizen Inc. sports & health AG is also entitled to act in accordance with the general legal rules of the OR.
9. BILLING / RETENTION LAW
9.1 The customer is not entitled to offset any counterclaims against claims of Cizen Inc. sports & health AG.
9.2 Any right of retention or retention of the customer is completely waived.
10.1 The products supplied by Cizen Inc. sports & health AG remain the property of Cizen Inc. sports & health AG until they are within the sphere of influence of the customer, until Cizen Inc. sports & health AG has received the purchase price in full and in accordance with the contract. Cizen Inc. sports & health AG is entitled to enter the retention of title according to Art. 715 (ZGB) in the retention of title register at the respective place of residence of the customer. The customer undertakes to give Cizen Inc. sports & health AG immediate written consent to the entry of a retention of title in all essential points for registration (see Article 4 (4) of the Ordinance of the Federal Supreme Court).
10.2 As long as the purchase price has not been paid in full, the customer is obliged to maintain the products delivered by Cizen Inc. sports & health AG, to treat them carefully and to insure them against all usual risks.
11.1 The responsibility for the selection, use and use of products as well as the results obtained therefrom lies with the customer or the purchaser of the products, d. H. at the end customer. The customer acknowledges that Cizen Inc. sports & health AG does not carry out any incoming inspections of products supplied by manufacturers or suppliers. Should the delivery be incomplete, Cizen Inc. sports & health AG will provide the missing items as soon as possible. A complaint about the delivery for any reason does not release the customer from the payment of the invoice for the period of payment agreed by Cizen Inc. sports & health AG. If the customer exceptionally, for example, due to a specific agreement with Cizen Inc. sports & health AG has a right of return, the customer is only and only then entitled to a refund of the purchase price if the products have arrived in the original packaging and in a resaleable condition at Cizen Inc. sports & health AG.
11.2 Cizen Inc. sports & health AG does not guarantee the products supplied by you. The customer is only entitled to a manufacturer's warranty of the manufacturer, which must be asserted directly with the manufacturer or the agency designated by the latter. The customer may also demand from Cizen Inc. sports & health AG the assignment of any warranty claims to third parties, whereby such claims shall be asserted by the customer at his own expense and risk. Any further claims of the customer are excluded.
11.3 The customer acknowledges that due to the respectively applicable warranty provisions of the manufacturer, the warranty is usually limited to repair or replacement of the defective / defective products at the option of the respective manufacturer / supplier and only applies if the products are sold in Switzerland or in the Principality of Liechtenstein remain, and no repair attempts by third parties have taken place.
11.4 Cizen Inc. sports & health AG informs its customers that their products do not rule out going to the doctor, and that in case of health problems a professional medical examination must be made.
12.1 Cizen Inc. sports & health AG shall only be liable for direct damages and only if the customer proves that he has commissioned sports & health AG, its auxiliary persons or Cizen Inc. sports & health AG through gross negligence or intent of Cizen Inc. Caused to third parties. The liability is limited to the price of the respective delivery / service.
12.2 Any further liability of Cizen Inc. sports & health AG, its auxiliary persons and third parties commissioned by Cizen Inc. sports & health AG for damages of any kind is excluded.
12.3 Cizen Inc. sports & health AG undertakes to assign to the customer any liability claims recognized by the manufacturer / supplier.
13. PATENTS AND OTHER PROTECTION RIGHTS
13.1 If a third party claims or asserts claims against the customer or its end customers for infringement of a patent, copyright or other industrial property right by delivered products or products from their operation, the customer shall become Cizen Inc. sports & health AG in writing and without delay informing about such infringement notices or claims. Cizen Inc. sports & health AG will immediately forward these instructions to the supplier or manufacturer and request them to regulate the situation. The customer waives Cizen Inc. sports & health AG against any warranty or liability claims.
14.1 The products distributed by Cizen Inc. sports & health are subject to US / EU and Swiss export regulations. The customer undertakes to request a special export permit from the competent authority before any re-export of the products (currently the section for import and export of the Federal Department of Economic Affairs). This obligation must be transferred to the respective acquirer with the obligation to transfer the product upon sale or other transfer of the products.
14.2 The customer undertakes not to resell abroad with the products of Cizen Inc. sports & health AG, as the territory of the sale is limited to Switzerland and the Principality of Liechtenstein.
15. APPLICABLE LAW AND JURISDICTION
15.1 The individual contracts as well as the general terms and conditions are subject exclusively to Swiss law under the express exclusion of national contract standards, in particular the Vienna sales law.
15.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is in Bern. Cizen Inc. sports & health AG is entitled to sue the customer at its ordinary place of jurisdiction.
Bern, 28th November 2018
If you have any questions, please contact Cizen Inc. sports & health AG:
Cizen Inc. sports & health AG
Fliederstrasse 9, 4563 Gerlafingen
Tel 031 371 46 24
Fax 031 371 49 92