Terms and Conditions

Scope of application
The following General Terms and Conditions of Sale and Delivery of SportCare GmbH, Neufeldstrasse 1, 3076 Worb, Switzerland, (hereinafter referred to as ‘SportCare’) shall apply to all sales, deliveries and services of SportCare to the customer, unless they are amended or supplemented by mutual written agreement. The customer hereby expressly waives the right to assert any ‘General Terms and Conditions of Contract’ of his own.

Quotations
SportCare's offers are always subject to change.

Orders
Orders must contain clear specifications regarding all execution details. The customer is responsible for the clarity and wording of his order.

Conclusion of contract and scope of services
The contract shall be deemed to have been concluded upon written confirmation of the order by SportCare. The nature and scope of SportCare's services are conclusively defined by the order confirmation. Services not included must be additionally agreed and invoiced in writing. Equipment, undocumented properties, dimensions and weight of the ordered products may vary slightly within the applicable international standards. Such deviations shall be deemed to be in conformity with the contract insofar as they do not impair the essential functional characteristics of the products.

Data protection
SportCare undertakes to protect customer data in accordance with the applicable data protection laws. The data collected is used exclusively to process the order and to improve the customer experience. Data will only be passed on to third parties if this is necessary for the fulfilment of the contract or if the customer has expressly consented to this. All personal data is transmitted in encrypted form and stored securely.

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Delivery times
The stated delivery periods are non-binding reference dates. They refer to the time at which the delivery item leaves SportCare's business premises.
They shall be extended appropriately if
a) SportCare does not receive the information it needs to fulfil the contract in good time or the customer subsequently changes this information and thus causes an extension of the manufacturing process;
b) unforeseen obstacles occur which SportCare cannot avert despite exercising due care. Such obstacles include, in particular, significant operational disruptions, accidents, labour disputes, delayed or faulty delivery of necessary raw materials, semi-finished and finished products, official restrictions, natural disasters and other cases of force majeure;
c) the customer or third parties are in arrears with the work to be carried out by them or are in default with the fulfilment of their contractual obligations, in particular if the customer does not comply with the terms of payment. Non-compliance with delivery deadlines shall not entitle the customer to claim damages or to withdraw from the contract.

Prices
SportCare expressly reserves the right to adjust the prices stated in the offers and order confirmations to any changes in production costs and/or market conditions at any time. Prices are always quoted net, ex works, transport packaging and VAT not included. All ancillary costs such as insurance, taxes, duties, customs duties, fees for authorisations or certificates and any disposal fees shall be borne by the customer.

Terms of payment
Payments must be made to the payment centres specified on the invoice without deductions of any kind and in the invoice currency. The payment obligation is fulfilled as soon as SportCare can freely dispose of the corresponding amount. If no special terms of payment have been agreed between SportCare and the customer, the invoice shall be issued at the time of delivery and the payment period shall be ten (10) days from the date of invoice. Upon expiry of the payment period, the consequences of default shall automatically apply. From this point in time, the customer shall be charged default interest of 10% p.a. We expressly reserve the right to claim compensation for further damages and to withdraw from the contract after a reasonable grace period has expired. Bank charges for international payment transactions shall be borne by the customer.

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Retention of title and right of realisation
SportCare remains the owner of all delivered products until receipt of the full purchase price. It is authorised to enter the retention of title in the official register at the customer's expense and to fulfil all formalities in this regard. For the duration of the retention of title, the customer shall maintain the delivered products at his own expense and insure them in favour of SportCare against theft, breakage, fire, water and other risks. Furthermore, the customer shall take all measures to ensure that SportCare's ownership claim is not jeopardised. In the event of mixing, SportCare shall acquire co-ownership according to the value ratio of the components. If the customer fails to fulfil his acceptance and/or payment obligations even after the expiry of a grace period of thirty (30) days, SportCare shall be entitled, for the duration of the continued delay in acceptance and/or payment, to distribute the products ordered by the customer freely and unhindered to third parties, irrespective of any property rights to which the customer is entitled (e.g. patents, company, trademark, design, model and copyright rights).

Partial deliveries
The customer is obliged to accept partial deliveries.

Transfer of benefit and risk
The benefit and risk of the products to be delivered shall pass to the customer upon their dispatch from SportCare's factory. If the agreed delivery date is postponed at the request of the customer or delayed for reasons for which SportCare is not responsible, the risk shall nevertheless pass to the customer at the originally agreed time. From this point in time, the products shall be stored and insured at the expense and risk of the customer. The products to be delivered shall be insured by the supplier against all transport risks at the customer's expense.

Returns
Customers have the right to return the purchased products within 14 days of receipt without giving reasons. The products must be unused and in perfect condition. Returns are at the customer's expense, unless the product is defective or was delivered incorrectly. In the event of a return, the purchase price will be refunded after receipt and inspection of the return.

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Inspection of the products and notification of defects
SportCare shall inspect the goods and services as far as is customary before despatch. If the customer requests further inspections, these must be agreed separately and paid for by the customer. The customer must inspect the deliveries and services for condition and completeness within a reasonable period of time and notify SportCare immediately in writing of any defects. If he fails to do so, the deliveries and services shall be deemed approved. The performance of a special, more extensive acceptance test and the determination of the conditions applicable thereto shall require a special agreement.

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Warranty and liability for defects
The warranty period of SportCare begins with the receipt of the delivery by the customer and extends over two years. It applies primarily to the features guaranteed in the order confirmation or specification. It includes all defects that are demonstrably attributable to faulty material or manufacturing defects. Warranted characteristics are only those which are expressly designated as such in the order confirmation or in the specifications. The warranty is valid until the expiry of the warranty period at the latest. If an acceptance test has been agreed, the warranty shall be deemed to have been fulfilled if proof of the relevant properties has been provided during this test. In this case, the warranty is limited, at SportCare's discretion, to the replacement or repair of the defective products or defective parts or the repayment of the invoice amount paid by the customer for the non-replaced products or parts. If defects occur, the customer must take all measures to minimise any damage. SportCare accepts no liability for any costs incurred for disassembly or assembly or for damage caused directly or indirectly by the delivered products themselves, by their use or by their possible defects. In particular, SportCare rejects any liability for consequential damages and other damages, such as loss of profit or other direct or indirect damages. Excluded from the warranty and liability of SportCare in particular are all damages that cannot be proven to have arisen as a result of poor material, faulty design or poor workmanship, e.g. as a result of natural wear and tear, inadequate maintenance, disregard of operating instructions, excessive use, unsuitable operating materials or as a result of other reasons for which SportCare is not responsible. The customer has no rights or claims due to defects in material, design or workmanship or due to the absence of warranted characteristics, except as expressly stated in these GTC. SportCare shall only be liable for claims of the customer due to inadequate advice and the like or due to breach of any ancillary obligations in the event of intent or gross negligence.

Invalidity
Should individual provisions of these ‘General Terms and Conditions of Sale and Delivery’ be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision whose content comes closest to the invalid provision in economic terms.

Amendments and supplements
Amendments to these terms and conditions and any additions that become necessary under these terms and conditions must be made in writing.

Applicable law and place of jurisdiction
These General Terms and Conditions and all contracts between SportCare and the customer shall be governed exclusively by Swiss law to the exclusion of its international private law standards and the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980). Any disputes between the parties that cannot be settled amicably shall be subject to the exclusive jurisdiction of the courts of Bern (Switzerland).