General Terms and Conditions isports AG (Inc.) for Dealers (Reseller)

1. Formation of Contract

The contract shall be deemed to have been entered when you have dispatched your order via internet or other media. After dispatching the order you are, as a consequence, obliged to pay for the ordered items and to accept our delivery. With the order you acknowledge expressly that you are of age, that you are an authorized buyer in your company and you get the full extent of your order straight. Should there, however, be any questions regarding your order, please do not hesitate to contact us before dispatching your order.

We are keen to assist our customers with a top-level service and to deliver all orders as soon as possible. As a consequence, we reserve and pack all items immediately after the receipt of your order or reorder the items directly from the manufacturer. In return, we expect our customers to transfer or to pay the purchase price for the ordered items. As a consequence, orders cannot be cancelled retroactively. This term applies as well for orders against cash in advance. On that note, we plead you to only place serious orders.

We reserve the right to reject orders without giving any reasons. In the case of such a rejection, customers do have no right to claim compensation from us. The rejection will be disclosed to the respective customer. Amounts already transferred by the respective customer will be refund without any deduction.

2. Prices

All products are shown with dealer prices, as soon as a dealer logs in. These prices are all exclusive VAT of 7.7 %. Our VAT No is CHE-114.399.915 MWST. Applicable for the orders are the prices which are at the time of the respective order actual and applicable. These prices are binding for both parties and cannot be modified retrospectively, unless something had been negotiated differently in advance.

3. Conduction of the Contract

Method of payment for established dealers is purchase on account with 10 days net, except for special agreements. New dealers place the first 3 orders with payment in advance. Before starting with a new dealer account, a copy of the certificate of registration is necessary.

As far as the ordered items are on stock at the time of your order, we will deliver the items immediately after receipt of your order, resp. after receipt of payment, for new dealers. By use of dealer login, every dealer receives complete live inventory information, which will be revealed including stock amounts. You will also be informed at which time an item will be in stock again, if we had to reorder the respective item. Time limits for deliveries of items, has to be seen as a mere estimate and are not warranted by us.

4. Risk of Shipping

The risk of loss or doom of the ordered items passes to the customer as soon as the items are rendered for dispatch. When delivery is carried out by the post, the items are not insured. When transporting thru a freight forwarder, the goods are insured with CHF 15.00/kg according to CMR. However, an (additional) transport insurance can be contracted at the explicit request of the customer. Please contact us in this case right after the transmission of your order. The respective transport insurance is contracted at the expense of the customer.

5. Defective Items

With our quality control, we try hard to deliver only faultless items. Should you, however, receive a defective item, we will surely replace it. In this case you are obliged to contact us within seven days from the date of the delivery. We will then replace the faultless item or assign our service department to solve the problem as soon as possible. All postal or transport charges will surely be refunded, if there will be a return necessary.

Should a replacement not be possible within six weeks, we refund the paid amount at your request. Instead, you can credit it for future orders.

Other claims in connection with the delivery of defective items are expressly excluded. Regarding defects resulting from transport damage we assume no liability.

6. Warranty Terms

Warranty duration and type of warranty service (on site warranty or bring in warranty) of different products and product groups differentiate individually. Therefore, you can find the warranty terms of each item at each items detail page under the register “Warranty”. Under this register, you will also find the designated environment of application, which is directly associated with the warranty.

6.1 Warranty Services

1. The duration of warranty for new items beings with the date of purchase – according to the invoice (therefore please store the invoice carefully). To be able to fulfill our warranty service, we need a copy of the dated invoice. The warranty is not transferable and is only validated for first buyers.
2. If there is a right for warranty and the deficiency cannot not be remedied by the help of the merchant nor the service department or isports AG thru telephonic or other remote measures, the entire product or the affected part of the product will be repaired or exchanged. Indemnification is clearly excluded. If, in case of replacement of the product or a part of product, the product or part of product should no longer be available, isports AG can fulfill its warranty service by delivery of a similar product or part of product.
3. A delivery of replacement parts or a repair, do not extend the duration of the warranty.
4. If any interventions have been done to products, which have not been coordinated with isports AG, the warranty will cease to exist.
5. Very important to attend is the assembly instruction, particularly the installation, the place of installation, security, utilization and maintenance. A disregard will lead to the loss of the warranty.
6. The warranty services in Switzerland and Liechtenstein are limited to products, which have been imported thru isports AG.

6.2 Exclusion of Warranty

1. Repair or replacement of wear parts (batteries, V-belts, steering coatings, adjustment mechanisms etc.).
2. Secondhand products, respectively used bought products.
3. If there no invoice can be shown.
4. Deficiencies according to incorrect or improper use or manipulation, which has not been coordinated with isports AG. Disregarding of operating and training instructions, insufficient care and maintenance, corrosion and oxidation because of moisture or sweat, improper transport, storage and usage outside of the living area (e.g. winter garden, balcony, sauna, indoor aquatic center or similar humid areas) or intentional or negligent damage.
5. Minor deficiencies, which have no effect to the usage of the product.
6. Acts of nature or incorrect transportation.
7. The wrong operation environment, resp. the overstress or misappropriation of the product will not be covered by warranty. The particular operation environment (home use, half-commercial use or full commercial use such as public gym use) of each product, for which the product had been developed, will be found under the register “warranty” in the detail view of the product.
8. Not thru isports imported products, i.e. gray imports, are clearly excluded from warranty service in Switzerland and Liechtenstein.

6.3 Proof of Purchase, Serial Number and explicit Model Name to proceed as following:

1. In order to be able to fulfill the service within the warranty, we are in the demand of the proof of purchase (receipt or invoice). This must be shown in case of warranty. Usually, this also contains the exact model name and description.
2. Necessary to identify the exact model version, we will also need the serial number in a service case. This is a number on a white sticker below the barcode. The sticker is mostly next to the jack of the ac/dc adapter or exactly oppositely below the product.

6.4 What to do in Case of a Malfunction

The training product has been developed to be able to allow a durable, high quality training. If there will still occur problem, we ask you to proceed as following:

1. Please check again the installation of your product according to the installation manual. Please read the instructions carefully.
2. If everything is installed correctly and the malfunction still persists, then a detailed disturbance description and report is necessary.
3. Following information are mandatory to us: model description/name, serial number and proof of purchase (invoice, receipt).
4. Technical problems and possibly resulting warranty claims, need to be reported in written form immediately after detection to the supplier (fitness shop) or to isports AG.
5. The supplier or the service department of isports AG, will first try to solve the problem in cooperation with the customer on the phone. If this should not be successful, then an efficient customer-friendly solution will be found.
6. The supplier and isports AG are endeavored to keep the warranty services uncomplicated for the customer, what can also result in repairs at the location of the product.
7. After consultation with the supplier and our service department, the product should be overhanded to the supplier or the service department, preferably originally packed, together with the above information. Transport damages because of insufficient packing are beyond responsibility of the warranty liability.

7. Exchange

When having dealer conditions, an exchange of goods is excluded, unless having arranged a special agreement before purchase.

8. Marginal Variation of Specifications

It might happen that a manufacturer marginally modifies the design of an item. For this we do not assume liability, because we have no influence on such modifications. However, in this case you have the right to exchange the goods (see section 4 of these terms and conditions).

9. Impossibility of Delivery

Should an item not be dispatched to the customer within six weeks due of supply difficulties of a manufacturer, we refund, at your request, the purchase price of it, if it already had been paid. Instead, you can also credit the amount for a future order or change the order. We will inform you if such an impossibility of delivery shall happen.

10. Payment

10.1 Prepayment or payment for purchase on account by wire transfer

Bank of Recipient:

Credit Suisse

5001 Aarau

Clearing No. 4835

BIC / SWIFT-Code CRESCHZZ80A

Recipient:

isports AG

5242 Lupfig

Account No. 1122431-71-1

IBAN No. CH68 0483 5112 2431 7100 1

Please don’t forget to note the order number when placing the bank wire transfers (non QR-Code payments). If you do not, it might happen that we cannot assign the payment. In such a case, we waive any responsibility.

10.2 Reservation of Proprietary Rights

Delivered goods remain in property of isports AG, until all claims, coming from that purchase, which have been existing at the point of that purchase and have resulted in coming claims because of delays or violation of contract at the side of the buyer, have been fully paid.

11. Delivery and Transport Charges

Shipping charges are calculated by size and dimensions of the order and will be shown in the shopping cart. If there will occur any changes in shipping charges during processing your order, you will be contacted, before we fulfill your order.

11.1 Delivery Charges (excl. VAT) of orders up to 30 kg

Deliveries within Switzerland and Liechtenstein:

• Post Priority / DPD Home: min CHF 8.26 (usually within 1 working day, including online tracking)

Delivery delays:

Delivery delays are very rare but might, however, happen. We do not assume any responsibility in the case of a delay, because they are beyond our power and influence.

11.2 Transport Charges (excl. VAT) for orders of more than 30 kg and shipments without and with assembly

These will be fulfilled by a forwarding agency. The pure consignment without assembly is a delivery to front of the building (curbside delivery). The driver of the freight forwarder is mostly working alone and not obligated to transport the goods into the house.

The prices for delivery thru forwarding agency in Switzerland and Liechtenstein are:

The prices for delivery and assembly thru forwarding agency and qualified technician in Switzerland and Liechtenstein are:

Shipment Notification:

The notification of delivery by phone takes place a very few days after the order has been placed, as long as the item is in stock at the time the order has been placed. For deliveries with assembly, we ask you for precise information regarding location such as stairs, small doors, floors, elevators and so on. If a customer refuses the acceptance of delivery, the dealer of that customer can be charged for such arisen costs additionally.

Access to Location:

Deliveries at locations with difficult conditions and/or without parking possibilities for trucks etc. can only be fulfilled, after preliminary clarification. If a transport or installation of large training devices at specific sites would only be possible with relocation assistance, isports reserves the right to reject deliveries or to adjust delivery costs.

Validation of Delivery:

Each delivery has to be checked by the receiver, immediately after arrival. Damages at outer boxes and obvious harms at products must be reported at the transporter at the time, when receiving the delivery. If possible, such incidents need to be noted on the delivery documents, before signing them and being reconfirmed by the driver.

12. Data Protection

We warrant that all customer data will be dealt with in strict confidence. As a general matter, we do not disclose such data to third person.

13. Debt Collection Expenses

At the time you are dispatching your order, the contract shall be deemed to have been entered. Purchase prices resulting from such contracts will be enforced by isports consequently. The customer acknowledges explicitly that we charge after the initiation of debt enforcement procedures an expense flat rate amount of CHF 200.00 in addition to the legal expenses (Expenses for debt enforcement and other legal procedures).

14. Applicable Law

For each of the contracts concluded with us is Swiss Law applicable for all parts of the contract. The customer accepts this term explicitly as important part of the contract between the Parties.

15. Place of Jurisdiction

Regarding all legal disputes arising from contracts between us and our customers the courts of the town of Brugg (AG) shall have the exclusive jurisdiction. The customer accepts this term explicitly as important part of the contract between the Parties.

Lupfig, February 2022