1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTCB”) of GladiatorFit Ltd. apply to all offers, services, deliveries and contracts concluded with the company. These GTC of the seller shall apply exclusively, even if the seller makes the delivery to the customer (hereinafter referred to as the “buyer”) without reservation and with knowledge of any contrary or deviating conditions of the buyer. Agreements and general terms and conditions of the Buyer that deviate from the Seller’s GTC shall only become part of the contract if the Seller has expressly confirmed their validity in writing.
1.2 All agreements made between the Seller and the Buyer for the purpose of executing the contract between them are set out in these GTC, unless any additions or amendments to these GTC have been expressly agreed in writing between the parties.
The delivery times mentioned in the offer are binding. GladiatorFit Sàrl reserves the right to give estimates regarding delivery times. This estimate is not guaranteed and cannot be attributed to GladiatorFit Sàrl
1.3 These GTC apply to business relations with consumers as well as to business relations with entrepreneurs and companies, subject to mandatory legal provisions. Buyers, in the sense of these general terms and conditions, are thus consumers as well as entrepreneurs and companies.
2. Offer / conclusion of the contract
2.1 The Seller’s offers are non-binding and without obligation.
2.2 Orders can only be placed in writing. Verbal commands are excluded. The order is a binding offer. Acceptance of the offer by the Seller shall be effected by sending a signed order confirmation within 2 weeks from the date of receipt of the offer, which offer shall consist in particular in the handing over of this contract text and the order form by the Buyer, or in the goods ordered being dispatched by the Buyer within the said period.
2.3 If the consumer orders the goods electronically, the seller shall confirm receipt of the order without delay. Confirmation of receipt does not in itself constitute binding acceptance of the order. This is for order confirmation only. Insofar as the consumer orders the goods electronically, the text of the contract shall be saved by the seller and sent to the buyer by e-mail, on request, together with these GTC.
2.4 The scope of delivery is according to the order confirmation. Deviations in size, weight and/or quantity are permissible within the commercial tolerances.
2.5 The order confirmation is part of the contract. The purchaser is obliged to check the order confirmation for completeness upon receipt.
2.6 The conclusion of the contract is subject to the correct and timely supply by the Seller’s suppliers. This shall only apply if the seller is not responsible for the non-delivery, in particular if a corresponding replenishment contract has been concluded with the seller’s supplier.
2.7 The buyer is informed without delay of the unavailability of the service. The counterparty is reimbursed without delay. Notwithstanding an entry in a register, all rights, including copyrights, to photographs, drawings, calculations or other documents shall remain the property of the Seller. This also applies to written documents considered “confidential”. Buyer shall not be entitled to pass on such documents to third parties without Seller’s prior written consent.
3.1 All price indications of the seller mentioned in the offers and on the website are provisional and non-binding; only the current price is valid on the day of the order confirmation.
3.2 Prices do not include shipping costs, unless otherwise stated in the order confirmation.
3.3 Prices are exclusive of VAT, the legal amount of which will be indicated separately on the invoice on the day of invoicing.
3.4 Postage, packaging and shipping costs shall be charged proportionately to the delivery of accessories and spare parts.
3.5 The agreed prices are based on the cost invoices valid at the time the contract is concluded. If the agreed delivery period is longer than 4 months from the conclusion of the contract, the prices valid at the time of delivery or service shall apply; this shall expressly apply both in the case of any price increase and in the case of any price reduction. This also includes changes in costs based on subcontracts, collective agreements or changes in material prices.
Cheques and bills of exchange are only accepted as payment and only after written agreement.
3.6 The Buyer shall only be entitled to a right of set-off if the Buyer’s claims for set-off are legally enforceable, undisputed or recognized by the Seller. The exercise of any right of retention by the purchaser from previous or different transactions is excluded.
3.7 The Buyer is in default of payment after the expiration of 7 (seven) days from the due date of said payment (due date).
In the event of late payment by the Buyer, the Seller shall be entitled to claim default interest in the amount of 5% (five percent) per annum.
The seller is entitled to claim higher default damages if he can prove it. The buyer is free to prove that the damage is less. In addition, the seller is entitled to charge a fee of CHF 10.00 (ten Swiss francs) per reminder letter.
3.8 The Seller shall be entitled to refuse to provide services that are still outstanding if the Buyer has still not paid the invoice after 14 (fourteen) days from the due date. After the 14-day period has expired, the seller may grant the buyer an additional payment period stating that the buyer has 7 days to pay the outstanding amounts. If the Buyer fails to make full payment within the specified additional period, the Seller shall be entitled to require the Buyer to fulfil his obligations and to pay compensation for delay or to withdraw from the contract and to demand compensation from the Buyer for the damage resulting from non-fulfilment or to withdraw from the contract and to demand compensation from the Buyer for the damage resulting from the withdrawal from the contract.
3.9 In the event that the Buyer refuses to fulfil his contractual obligations, the Seller shall be entitled, subject to any other rights arising from the law or these GTC, to claim liquidated damages equivalent to 20% of the contract value if the Buyer is unable to prove that the Seller has not suffered any damage or that the damage suffered is significantly less. The seller is free to prove that the damage is greater and to assert it.
3.10 The prices of the site are indicated in Swiss francs, net amounts, including VAT and guarantees.
Items covered by a warranty are subject to the terms of the offer valid at the time of purchase. The warranty takes effect on the date of delivery of the article, as evidenced by the accompanying document (invoice) which we ask you to keep carefully. Not covered: damage due to improper maintenance, failure to follow operating instructions or normal wear and tear. We work with different services for deliveries, so we are not responsible for damage problems
3.11 If you pay more than the amount indicated on the invoice, GladiatorFit will deduct the amount due from your next order.
4.1 The delivery times specified by the Seller are not binding. The buyer can put the seller on notice to deliver 10 (ten) weeks after a delivery deadline has been exceeded. Upon receipt of this summons, the seller is in default.
4.2 Delivery of the goods shall be at the expense of the purchaser, unless otherwise agreed in writing.
4.3 The commencement of the delivery period specified by the Seller assumes that all technical questions have been clarified.
4.4 Compliance with the Seller’s obligation to deliver also requires the timely and proper fulfilment of the Buyer’s obligation, subject to the exception of non-performance of the contract.
4.5 If the Buyer is in default of acceptance or if he is in breach of other obligations to cooperate, the Seller shall be entitled to demand compensation for the damage incurred, including any additional expenses. Other claims are reserved.
If the conditions of this paragraph are fulfilled, the risk of accidental loss or deterioration of the goods sold shall pass to the customer at the time when the customer is in default of taking delivery or in default of payment.
4.6 The seller is liable within the framework of the legal provisions, insofar as the sales contract serving as a reference is a fixed-term contract within the meaning of Art. 190 CO. The Seller shall also be liable within the scope of the statutory provisions, insofar as the Buyer is entitled to assert that he is no longer interested in further performance of the contract as a result of the Seller’s default in delivery.
4.7 The Seller shall also be liable in accordance with the statutory provisions insofar as the delay in delivery is attributable to an intentional breach of contract. Insofar as the default in delivery is not attributable to an intentional breach of contract on the part of the seller, the seller’s liability for damages shall be limited to the foreseeable, typical damage, however, to a maximum of 5% of the invoice amount of the outstanding deliveries and services.
4.8 If the Seller is also liable in accordance with the statutory provisions, insofar as the delay in delivery is attributable to an intentional or grossly negligent breach of a contractual obligation.
4.9 Further claims and legal rights binding on the buyer are reserved.
4.10 Our obligation to deliver shall be void in the event of failure or non-observance of supply deadlines by our own suppliers and insofar as this unavailability is not attributable to GladiatorFit. In case of unavailability of a product, we will inform you as soon as possible, when ordering a product that is not in stock. GladiatorFit provides you with an estimate of when the product will be in stock. In the event that this estimate is not met, GladiatorFit will never be held responsible.
4.11 In case of unavailability of the article during the validation of an order, GladiatorFit does not proceed to the refund. GladiatorFit is committed to offering, if possible, another item for the same amount. If the customer does not want another item, GladiatorFit will issue a voucher for the value in question.
5. payment terms
5.1 Accepted payment methods: Stipe; bank transfer, paypal
6. Reservation of ownership
6.1 The sold item remains the property of the seller until full payment has been received in accordance with the contract. With the conclusion of the contract, the buyer hands over to the seller the documents signed by him and necessary for the registration of the retention of title in the register. Pledges or assignments as security for the object of sale before it has been paid in full are not admissible.
6.2 In the event of seizures or other interventions by third parties, the Buyer is obliged to inform the Seller immediately and in writing. The costs and damages related to such interventions are to be borne by the buyer.
6.3 If the thing sold is combined with other things not belonging to the seller, the seller acquires co-ownership of the new thing in proportion to the value of the thing sold to the other combined things at the time of the combination. If the buyer’s property is deemed to be the main property, the buyer is obliged to transfer a proportional co-ownership right to the seller, insofar as this co-ownership right does not already exist on the basis of a legal provision.
6.4 The Buyer hereby assigns to the Seller as security all claims (amount exclusive of VAT) arising from the resale or from any other legal reason (insurance contract, unlawful act) in respect of the reserved goods. Seller hereby accepts the assignment.
6.5 At the request of the Buyer, the Seller undertakes to release the securities held by him if the value of his securities exceeds the claims to be insured by more than 20 %.
7.Transfer of risk, packing and delivery
7.1 The benefit and risk of the goods shall pass to the buyer upon conclusion of the contract.
7.2 Transport and packaging costs as well as all costs related to the delivery are at the expense of the buyer. The seller does not collect packaging, except for pallets (if requested by the customer within 24 hours after delivery). The buyer is obliged to dispose of the packaging at his own expense.
7.3 If the Buyer so desires, the Seller shall take out transport insurance for the delivery; the costs thereof shall be borne by the Buyer.
Delivery and transport
7.4 The shipment of available items is carried out by different carriers within approximately 5 to 15 days. A participation of your share is required once per order (see site).
7.5 GladiatorFit does not deliver packages to a post office box and does not deliver any merchandise to customers who are minors or under guardianship, except with the written permission of the parent or guardian. It is also possible to pick up your order directly at the depot, in this case no additional fee will be charged. We also inform our customers that we are not responsible for any costs related to customs clearance.
7.6 In case of delivery by our carrier, it is the customer’s responsibility to receive the shipment.
8.1 If the goods are intended for the Buyer’s personal or family use, the Seller shall be liable for defects existing at the time of delivery of the goods to the Buyer within the warranty period of two years; in all other cases, within the warranty period of one year.
8.2 In the event of defects in the goods, the seller shall first choose whether to repair them or to supply a replacement.
8.3 The Seller shall not be obliged to repair or replace the goods if the costs incurred by the Seller exceed 10% of the total order value.
In this case, the buyer has the right to withdraw from the contract or to reduce the price.
8.4 In the event of the rectification of a defect, all expenses incurred for the rectification of the defect, in particular transport, infrastructure, labour and material costs, shall be borne by the Seller, insofar as these expenses are not increased by the fact that the object of sale has been transported to a location other than the place of performance.
8.5 In the event of a defect, the Buyer is obliged to notify the Seller immediately of the defect, unless there are serious reasons for the Buyer to do so. The buyer grants the seller the right
to assess the defects within a further 7 (seven) days at the buyer’s premises if the seller so requires and there is no danger of default. The purchaser is not entitled to assert warranty claims for defects until the conclusion of the defect examination carried out under the conditions.
8.6 If a claim by the Buyer proves to be unjustified, the Buyer shall be obliged to reimburse the Seller for the expenses incurred and proven in connection with the elimination of the alleged defect.
8.7 If the Seller fails to remedy the defect by repair or replacement within a reasonable period of time, he shall either withdraw from the contract or renounce the performance of the contract and, failing that, claim damages.
8.8 If, due to a legal or material defect and after failure of subsequent performance, the purchaser opts to withdraw from the contract, he shall no longer be entitled to compensation for damages.
8.9 If, after failure of the subsequent performance, the buyer opts for damages, the goods shall remain with the seller if this can be reasonably demanded of him. Damages are limited to the difference between the purchase price and the value of the defective item.
8.10 If the goods are intended for the personal or family use of the buyer, the period of perspiration is 2 (two) years, and in all other cases 1 (one) year.
8.11 The warranty for defects in the goods sold by the seller is void in the event of a material defect or damage resulting from the fact that:
a. the buyer has provided the seller with incorrect or incomplete information on the object to be produced and delivered, in particular with regard to its use, dimensions and technical requirements, or has submitted incomplete working drawings, unless the seller has been expressly instructed by the buyer to determine
b. the delivered item has been improperly processed or subjected to undue stress, e.g., by being subjected to excessive strain, or
c. the delivered item has been previously repaired or serviced by a company which the purchaser clearly did not consider suitable to carry out the maintenance/repair and which the purchaser should have
d. elements have been incorporated into the delivery item which the seller has not authorized for use in accordance with the product description, or the delivery item has been modified in a way which the seller has not authorized, or
e. the purchaser has not complied with the instructions for the treatment, maintenance and care of the delivered item, even though this was not unacceptable, or
8.12 Only the information provided by the Seller in the order confirmation, the product description or the information provided by the Seller in the form of an independent confirmation shall be deemed to be the contractual description of the delivered item. Opinions or praise from (independent) representatives do not constitute a contractual description of the delivered item.
8.13 The seller is obliged to settle the case of defects directly with the thing sold, negotiations with independent representatives not directly employed at the seller do not constitute a claim or negotiation with the seller.
8.14 These GTC regulate exhaustively all cases of breach of contract by the Seller and their legal consequences as well as all claims of the Buyer, regardless of the legal grounds, in particular, no expressly stated claims for damages, reduction, cancellation of contract or termination of contract are excluded. To the extent not otherwise specified in these GTCs. The seller shall not be liable for any direct, indirect or other damage suffered by the buyer due to defects in the goods or their use, except in the case of mandatory legal provisions, such as fraudulent concealment of defects in the goods sold (Art. 199 CO), liability for personal injury (Art. 20 I CO), claims arising from product liability (Art. 8 LRFP).
8.15 The above provisions shall also apply to any damage that may occur during the removal of defects or replacement of products under the warranty for defects in the goods sold.
8.16 Items must be returned intact and complete in their original packaging (with labels and references), accompanied by the delivery note, within 7 days of receiving your package. You are responsible for shipping costs related to the return. In the case of an exchange, the shipping costs of your new order are offered to you and GladiatorFit does not refund the damaged material. GladiatorFit will only proceed with an exchange. The exchange can be accepted with the same item or an item of equal value.
In the event that the damaged item results in a loss to the customer, the amount of this loss cannot be claimed from GladiatorFit
9. Liability on other legal grounds
9.1 Any liability for damages beyond the scope of paragraph 7 of these GTC is excluded, regardless of the legal nature of the claim. This applies in particular, but not exclusively, to claims for damages resulting from fault in the conclusion of the contract due to other breaches of duty or tort claims for property damage.
9.2 Any exclusion or limitation of the Seller’s liability for damages shall also apply to the personal liability of its employees, workers, representatives and vicarious agents.
9.3 Copyright protection
The Buyer shall be entitled to use the documents and drawings entrusted to him as well as the suggestions and constructive services provided by the Seller for the design and manufacture of the ordered components only for the specified purpose. Buyer shall not be entitled to allow access to such documents to third parties or to publish them without Seller’s consent.
9.4 In case of quality defects (paint, finish), GladiatorFit considers the article in question to be suitable for use. In no case GladiatorFit will proceed to the exchange, unless GladiatorFit decides otherwise
10.1 The purchaser may only assign claims from this contract with the
prior written consent of the seller.
11. Safeguard clause
11.1 If one or more of the aforementioned clauses are ineffective or invalid or become so in the course of time, the other clauses shall not be affected. The ineffective or invalid provision shall be replaced by a provision whose meaning is comparable to that of the provision and corresponds to the contractual will of the parties, or by a provision in force which comes as close as possible to the economic purpose of the ineffective or invalid condition.
11.2 Check the condition of the delivered goods without delay to exclude obvious material and manufacturing defects as well as transport damage. In accordance with the law, you are required to report any defect or anomaly affecting the goods delivered so that we can remedy it.
12.1 By placing an order on our site, the sports establishments give their consent to GladiatorFit to be part of their partner. This does not commit the institutions to collaborate