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General Terms and Conditions

Scope of application

The General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders (B-2-C and B-2-B) placed and contracts concluded (hereinafter referred to as "Order") via the online shop https://www.Crutch-Up.ch or https://www.Crutch-Up.com (hereinafter referred to as "Crutch-Up.ch"). This online shop is managed by Wise Duck GmbH (CHE-310.805.260).

Crutch-Up.ch manufactures goods or distributes articles of other manufacturers.

Crutch-Up.ch reserves the right to change the GTC. The version of the GTC valid at the time of the order is decisive and cannot be changed unilaterally for this order.

Offer

The offer is directed to natural customers or legal customers with domicile worldwide.

The offer is valid as long as it is visible in the online shop and/or as long as stocks last. Prices and product ranges are subject to change at any time. The images shown in advertisements, brochures, in the online shop, etc. as well as all information on the products are for illustration purposes and are non-binding. The specific information on the product packaging is decisive.

Price

Prices are in Swiss francs and include Swiss VAT. VAT of foreign countries, as well as all import and customs duties will be borne by the buyer.

The price in the online shop at the time of the order is decisive.

Order

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue or a non-binding invitation to the customer to order the product in the online shop.

An order is deemed to be an offer to Crutch-Up.ch to conclude a contract.

After submitting the order, the customer will automatically receive a confirmation of receipt documenting that Crutch-Up.ch has received the order. The customer can only cancel the order until it has been processed by Crutch-Up.ch.

Crutch-Up.ch is free to refuse orders in whole/part or to cancel orders in whole/part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded, in particular no forwarding of non-deliverable products will take place. Temporarily unavailable products can be bought and have to be paid like any available product, only the date of delivery will be further in the future as announced on the product page. This is date non-binding, but a estimation.

Patent pending

The crutch stand “Katana” is based on a Patent Pending invention held by Martin Svejda.

Customers interested in a commercial collaboration should contact info@Crutch-up.ch by e-mail.

Conclusion of contract

A contract is only concluded when Crutch-Up.ch processes the order. As soon as the processing of the order has started, the customer will receive an order confirmation by e-mail. Crutch-Up.ch reserves the right to cancel the contract until the point of dispatch.

Delivery

Delivery area

The customer's delivery address can be anywhere in the world, but refusing to deliver to certain addresses lies in the discretion of Crutch-Up.ch. If a delivery would be refused, the client will be notified and any already made payment refunded.

Delivery times

In principle, deliveries are carried out by the post office and orders are usually handed over to the post office by Crutch-Up.ch on the next working day after receipt of payment, but at the latest within 30 days, if the product is available. If the product is not available / only available on queue, the delivery time may increase. The available delivery options are shown in the online shop and can be selected by the customer for the respective order. Time delays are possible, whereby any claims for damages as well as further claims of the clientele are excluded.

If the goods are sent uninsured by post, the risk of loss by post lies with the buyer.

The customer assumes responsibility for the products delivered, even if they were not received directly by him.

Delivery costs and packaging

Delivery and packaging costs depend on the weight and size of the products ordered. The delivery and packaging costs communicated in the online shop apply. These are listed as an additional item on the invoice.

From an order value of CHF 150.00 per order, all delivery and packaging costs are borne by Crutch-up.ch.

Commissions

Intermediaries do not receive a commission per product sold, but benefit from lower purchase prices than individual buyers for larger quantities. Get in touch to get a quote.

Notification of defects

If products are delivered with obvious damage to the packaging or the contents, the customer must complain about this immediately to the delivery carrier and refuse acceptance, without prejudice to his rights in respect of defects. The customer is obliged to obtain a damage confirmation report from the delivery carrier. All transport damages must also be reported immediately to Crutch-Up.ch.

Furthermore, it is the customer's responsibility to inspect the ordered products immediately upon receipt. For any defects or deviations from the order, Crutch-Up.ch must be notified by e-mail on the day of delivery. Thereafter, only hidden defects can be claimed, which must be reported to Crutch-Up.ch immediately upon discovery.

Right of return

After consultation with Crutch-Up.ch, the customer has a right of return of 14 days from the date of dispatch. In case of a return, Crutch-Up.ch will make deductions at its own to cover the cost and time to inspect the state of the product (for delivery damages see "notice of defects") and packaging. The return costs and any import duties are to be borne by the customer. Crutch-Up.ch reserves the right to issue the amount to be refunded as a voucher. Shipping costs will not be refunded.

Excluded from the right of return are personally manufactured products, services, virtual products, as well as products ordered in large quantities (more than 2 pieces of the same item).

Guarantee and warranty

Crutch-Up.ch grants a warranty on its products of 3 months.

The warranty is within the legal framework. The choice for repair, conversion, replacement or price reduction lies with Crutch-Up.ch.

Excluded from the warranty are wearing parts, as well as all damages caused by the customer, or in the case of defects that are due to external influences. This could be, for example, damage caused by the elements, moisture damage, damage caused by falling or impact or damage caused by modifications. Damage also includes stripped threads caused by over-tightening screws. The following are considered to be wear parts: Stand leg’s tips on one side of the aluminium tube and rotary pieces on the other, anti-slip bands inside the brackets, the springs inside the rotary pieces and the release cable. The products must not be exposed to temperatures above 35°C, as the parts could deform. In these cases, the guarantee is also excluded.

The delivery note is valid as a guarantee certificate and should be kept carefully.

Payment, methods of payment and retention of title

Payments must be made in Swiss francs. Until full payment has been made, the goods delivered remain the property of the seller.

The means of payment accepted by Crutch-Up.ch are shown on the website. Invoices must be paid within 30 days. Crutch-up reserves the right to charge interest on arrears from the 31st day.

Refunds, credits, credit balances

If the customer is entitled to refunds or other credits, these will be credited to the customer using the payment method of Crutch-Up.ch's choice. Crutch-Up.ch reserves the right to return the amount in the form of a voucher.

Limitation of liability

Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded against Crutch-Up.ch as well as against our vicarious agents, except in case of wilful misconduct or gross negligence. No liability is accepted for consequential damage arising from the use of the products.

Severability clause

Should a provision of this contract or the contents of an enclosure integrated into this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision as well as to the originally agreed contractual balance. The same shall apply to any loopholes in the contract.

Privacy, security and advertising

Data protection and security

We secure our portal by technical and organisational measures against loss, destruction, access, modification or processing of your data by unauthorised persons. Despite regular checks, complete protection against all dangers is not possible. The webshop and the data stored with it are saved on servers used by WIX.COM and can be anywhere in the world.

Advertising

We use e-mail addresses for sending newsletters only if the customer has subscribed. The customer can unsubscribe from the mailing at any time.

We use the personal data exclusively for the conclusion of the sales contract, payment and delivery of the products offered by Crutch-Up.ch. We do not pass on this data to third parties.

Applicable law and place of jurisdiction

The legal relationship between Crutch-Up.ch and the customer is governed by Swiss substantive law, excluding conflict of law rules and the Vienna Sales Convention.

The place of jurisdiction is Lausanne.

 

Savigny, 01.06.2024

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