TERMS AND CONDITIONS

These Terms and Conditions govern all contracts between Charly Burger et fille GmbH (hereinafter referred to as the “Seller”) and end consumers (hereinafter referred to as the “Customer”) regarding the sale and delivery of fitness and training equipment of the brands Watson Gym Equipment, Bodytone, and Reinbold Medical Training.

SCOPE OF APPLICATION

These Terms and Conditions apply to all contracts between Charly Burger et fille GmbH and customers concerning the sale and delivery of fitness and training equipment.

CONCLUSION OF CONTRACT

The presentation of products does not constitute a legally binding offer, but rather an invitation to place an order. By submitting an order, the Customer makes a binding contractual offer. The contract is concluded as soon as the Seller confirms the order in writing.

PRICES AND PAYMENT TERMS

All prices are stated in Swiss Francs (CHF), including statutory VAT, unless otherwise indicated.

Payment is made in two steps:

  • 60% deposit upon order confirmation
  • 40% final payment no later than 14 days before delivery

Cancellation of the purchase after payment of the deposit is excluded. In the event of cancellation, the deposit is forfeited in full.

DELIVERY TERMS

Delivery is carried out according to the Customer’s choice in one of the following ways:

  • Delivery to curbside, including unloading
  • Delivery to curbside, with forklift to be provided by the Customer
  • Delivery including placement at the final location at the Customer’s premises

Delivery times after receipt of payment:

  • Watson Gym Equipment (machines): 8–14 weeks
  • Watson Gym Equipment (dumbbells & racks): 4–10 weeks
  • Bodytone: 4–12 weeks
  • Reinbold Medical Training: 6–10 weeks

The stated delivery times are non-binding estimates. Fixed delivery dates require the Seller’s explicit written confirmation.

Production or ordering of the materials only begins after full receipt of the 60% deposit. Delivery of the goods is made only after full payment of the invoice amount (100%).

Delays caused by force majeure, customs procedures, transport disruptions, or pandemic-related restrictions are beyond our control and do not entitle the Customer to withdraw from the contract or claim damages.

Risk passes to the Customer upon handover of the goods.

RETENTION OF TITLE

The delivered goods remain the property of Charly Burger et fille GmbH until full payment has been received.

WITHDRAWAL AND CANCELLATION

There is no right of withdrawal, as these are individually manufactured products. Refund of the deposit is excluded.

WARRANTY

Manufacturer’s Warranty / Factory Warranty

The respective warranty provisions of the manufacturers shall apply. The following manufacturer warranties are applicable:

Watson Gym Equipment:

  • Frames: lifetime warranty
  • Moving parts: 5 years warranty
  • Upholstery: 6 months warranty

Bodytone & Reinbold Medical Training:

  • 2 years warranty on all components

The applicable terms are the respective manufacturer warranty conditions in their valid version.

Service Warranty

Service work is provided exclusively at the Customer’s request and requires a separate, explicit agreement.

No service warranty applies to equipment collected by the Customer, unless expressly agreed otherwise in an individual case.

LIABILITY

The Seller’s liability is limited to intent and gross negligence. No liability is assumed for indirect damages or consequential damages.

DATA PROTECTION

Personal data is processed exclusively in accordance with applicable data protection laws. Details can be found in the separate privacy policy.

JURISDICTION AND APPLICABLE LAW

Swiss law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the registered office of Charly Burger et fille GmbH.

SPECIAL PROVISIONS FOR LEASING AGREEMENTS

If the purchase price is financed through an external leasing partner (for example a bank or leasing company), the Customer expressly agrees that the leasing company shall pay the full invoice amount to Charly Burger et fille GmbH before delivery of the goods.

The Customer accepts the delivery periods listed in Section 4 of these Terms and Conditions as binding and acknowledges that production or ordering of the materials is carried out in accordance with the payment conditions stated there.

Withdrawal from the contract or reversal of the transaction against Charly Burger et fille GmbH is excluded after payment has been received from the leasing company. The Seller assumes no responsibility for the contractual terms agreed between the Customer and the leasing company.

Last updated: May 2024