General Terms and Conditions
1. Area of validity
These General Terms and Conditions (“GTC”) apply to all contracts, deliveries and other services of Michel van Rijt (hereinafter referred to as the “Company”).
2. Conclusion of contract / General
The contract is concluded when the customer accepts the company's offer regarding the purchase of products. The contract is concluded in any case if the customer orders the services / products offered by the company via the website or via the company's online store or purchases them directly.
We reserve the right to make changes in the sense of technical progress, model maintenance and minor deviations in terms of material properties, color, weight, dimensions and design and these are not grounds for complaint. If ordered goods are not or no longer available from our suppliers, we reserve the right to refrain from delivery.
3. Prices
Unless otherwise quoted, all prices are in US Dollars(USD). All prices include any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes and shipping costs.
Clubs, schools and resellers receive individual purchase discounts. Please ask me for your individual conditions.
The company reserves the right to change prices at any time.
4. Payment
Payment is normally made in advance or by one of the various electronic payment methods (e.g. credit card, PayPal, etc.).
Delivery by invoice is only offered to the customer after prior verification and activation. The customer is obliged to pay the invoiced amount within the payment period specified in the invoice from the invoice date. The company is entitled to refuse delivery or service provision in the event of late payment.
5. Retention of title
The goods remain our property until full payment has been made or no service is provided.
6. Place of fulfillment / availability of products
Unless otherwise agreed, the place of performance shall be the registered office of the Company.
If the product is no longer available from the primary supplier, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made. Any further claims, in particular claims for damages, are excluded.
7. Exchange
The customer is entitled to exchange products within 14 (fourteen) days of receipt. However, the products must be in their original packaging and unused. The customer must bear the costs for the return shipment.
The following products are excluded from exchange: Tooth protectors and books, individually printed or embroidered goods as well as offers of special items and discontinued models at a special price.
8.Warranty
The statutory warranty provisions shall apply. Any defects must be reported to the company immediately.
9. Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
The same applies to services: the customer/client must be honest with the company about his/her state of health before the start of the training. If the company is not aware of any physical or mental health issues, “incorrect” training due to incorrect basic requirements may result in damage to health. The company or the trainer employed is not liable for this.
10. Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or other material which the customer receives in connection with these provisions is prohibited unless explicitly authorized by the company.
If the customer uses content, texts or pictorial material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
11. Changes
These General Terms and Conditions may be amended by the company at any time.
12. Severability clause
Should a provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
13. Force majeure
If the timely fulfillment by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, fire, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.
14. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant's domicile.
