Last Update: 5. November 2021
Table of contents
- Validity of the GTC
- Ordering process and Conclusion of Contract
- Contract Text and Contract Language
- Prices and Shipping Costs
- Payment Methods and Terms
- Purchase on account
- Digital Contents
- Promotional vouchers
- Copyright and Rights of Use
- Instructions on Withdrawal
- Warranty and Liability
- Final provisions
- Dispute Resolution
1. Validity of the GTC
- The following General Terms and Conditions (hereinafter referred to as „GTC“) shall apply exclusively to the business relationship between NRGTENNIS GmbH, Buchsweg 5, CH-5036 Muhen, Switzerland (hereinafter referred to as „Vendor“) and the purchaser, who is hereinafter referred to as „Customer“, of the Vendor’s products, goods and services (hereinafter referred to as „Products“ or „Goods“).
- Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
- A „Consumer“ within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
- „Entrepreneur“ within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Ordering process and Conclusion of Contract
- The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
- The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- The Vendor may accept the Customer’s offer within five days (hereinafter referred to as the „Acceptance Period“). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
- By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
- Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as return to the shopping basket or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
- Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
3. Contract Text and Contract Language
- The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
- The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).
- If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
- The contractual language is German, contracts can be concluded in this language.
4. Prices and Shipping Costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
- The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
5. Payment Methods and Terms
- Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
- When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called „pre-notification“).
- The following payment methods are available to Customers:
- Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
- PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
- PayPal Plus (Credit Card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
- Google Pay – The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
- Apple Pay – The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.
- Stripe – The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe’s terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.
- Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.
- The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer’s obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.
6. Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
7. Digital Contents
- „Digital Contents“ is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
- The provisions of these GTC apply accordingly to the sale of Digital Content.
- Digital Contents are provided to the Customer in the form of a download possibility.
- Digital content is delivered to the buyer in the form of a continuous stream of data, referred to as a „Streaming“.
- Digital content is sent to the Customer by e-mail to the e-mail address provided.
- Digital Contents are provided immediately after purchase, at the latest within 24 hours.
- The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
- The Digital Content will be made available to the Customer Account, provided that a Customer Account has been created.
- The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased Digital Content expires.
- For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser’s access to the Internet).
- „Subscription“ is understood to mean the regular purchase of products or other services by „Subscribers“ (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a „Subscription Agreement“) for a defined period of time (also referred to as a „Subscription Period“).
- A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
- Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.
- Subscriptions are billed in advance at the beginning of each Subscription Period.
- Trial subscriptions automatically convert to a paid subscription unless cancelled within the trial period.
- The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.
- The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
- Subscription contracts can only be cancelled electronically by e-mail or in the user account.
- „Promotion Vouchers“ are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
- Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
- Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
- Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
- Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
- Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
- If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
- If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
Copyright and Rights of Use
- The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
- The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
- If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
- If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
- The copyright notices and proprietary notices (for example the „Copyright“ symbol ©) attached or otherwise connected with the products within a reasonable and legally recognised scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognisable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the products.
8. Instructions on Withdrawal
- The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
- Customers can access the Vendor’s instructions on withdrawal at the following Internet address: https://nrgtennis.com/withdrawal.
9. Warranty and Liability
- Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
- The Vendor shall not be liable for the Customer’s Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
- The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.
10. Final provisions
- The legal relationship between the Vendor and the Customer, if the latter is an entrepreneur or a consumer who does not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and the delivery address are outside the European Union at the time of conclusion of the contract, shall be governed exclusively by the law of Switzerland to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- The place of jurisdiction shall be at the (registered) office of the Vendor if the Customer is an entrepreneur or a consumer who does not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and the delivery address are outside the European Union at the time of conclusion of the contract.
11. Dispute Resolution
- The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
- We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.