General Terms and Conditions (GTC) of rr sports consulting gmbh

1 Scope of application

rr sports consulting gmbh, based in Horw, Switzerland, is the owner and operator of www.3dfit.cheinschliesslich of all domains and subdomains associated with 3dfit.ch.

These General Terms and Conditions (“GTC”) apply to all legal relationships of all kinds between interested parties or customers and rr sports consulting gmbh (“3dfit.ch”). In particular, they apply to all purchases made by a customer (“Customer”) or to the use of services by a Customer and also apply to the use of the website www.3dfit.ch (“Online Shop”) and to all contracts concluded online on this website. All deliveries, services and offers from www.3dfit.ch are made exclusively on the basis of these GTC. The customer agrees to these GTC by using the online store, using services of any kind from 3dfit.ch, transmitting digital data to 3dfit.ch or placing an order with 3dfit.ch.

2 General and language

These GTC can only be deviated from by express written agreement. Insofar as these GTC contradict the customer’s contractual conditions, these GTC of 3dfit.ch shall take precedence. The language available for agreements is German.

3. products and services

3dfit.ch offers customized products such as outdoor clothing, skis, ski boots, insoles, footwear, bicycles and other sporting goods and clothing for various sports and leisure activities. On the website, customers can find detailed product descriptions and 3D visualizations of the products on offer. While 3dfit.ch strives to display the colors and materials of the products on the website faithfully, the actual colors may differ from the colors displayed on the screen (depending on the customer’s screen settings).

The individual fit for the customer’s product (“Product”) is precisely reproduced based on the customer’s 3D scan data using additive or traditional manufacturing processes.

The initial measurement of the corresponding body part using 3D scanning technology must be carried out by specialist personnel trained by 3dfit.ch.

The products in the current range, in the current advertising, in the online store or in a 3dfit.ch branch are sold exclusively in the versions, specifications and recommendations stated in each case. We reserve the right to make technical changes in line with technical progress as well as changes in shape, color and weight.

These GTC can only be deviated from by express written agreement. Insofar as these GTC contradict the customer’s contractual conditions, these GTC of 3dfit.ch shall take precedence. The language available for agreements is German.

3. products and services

3dfit.ch offers customized products such as outdoor clothing, skis, ski boots, insoles, footwear, bicycles and other sporting goods and clothing for various sports and leisure activities. On the website, customers can find detailed product descriptions and 3D visualizations of the products on offer. While 3dfit.ch strives to display the colors and materials of the products on the website faithfully, the actual colors may differ from the colors displayed on the screen (depending on the customer’s screen settings).

The individual fit for the customer’s product (“Product”) is precisely reproduced based on the customer’s 3D scan data using additive or traditional manufacturing processes.

The initial measurement of the corresponding body part using 3D scanning technology must be carried out by specialist personnel trained by 3dfit.ch.

The products in the current range, in the current advertising, in the online store or in a 3dfit.ch branch are sold exclusively in the versions, specifications and recommendations stated in each case. We reserve the right to make technical changes in line with technical progress as well as changes in shape, color and weight.

4 Prices and payment

The 3dfit.ch website provides current, authoritative and binding information on product prices and delivery costs in the currency of the respective store.

All prices quoted include statutory value added tax.

Any import duties are not included in the prices and must be borne by the customer. Deviations from this principle are mentioned in the product description in individual cases.

As 3dfit.ch products are manufactured individually for the customer, payment must be made in full and without deductions in advance (within 24 hours of ordering).

3dfit.ch offers the following payment methods: PayPal, Mastercard, Visa.

5 Orders in the online store

5.1 Availability and misuse

3dfit.ch cannot guarantee the constant and uninterrupted availability of the online store and accepts no liability in the event of technical faults in the online store. The customer chooses their own user name and personal password for the customer account in the online store. The customer undertakes to treat both confidentially. 3dfit.ch shall not be liable for any misuse of the customer account and any resulting damages.

5.2 Order process / conclusion of contract

Goods and services and their prices displayed in the online store do not constitute an offer.

The initial measurement of the corresponding body part using 3D scanning technology must be carried out by specialist personnel trained by 3dfit.ch. Repeat orders based on an earlier scan are only reasonable if the body part has not changed since then. The repeat order by the customer is deemed to be the customer’s confirmation of this fact. In cases of doubt, a current measurement must be carried out.

The ordering process is triggered when the customer sends the digital scan data to 3dfit.ch.

The customer places the selected products in a virtual shopping cart, which must be checked and, if necessary, corrected before submitting the binding order. The submission of the order by the customer is considered a binding offer to which the customer is bound for five working days or until it is rejected by 3dfit.ch.

The order will be saved by 3dfit.ch, including the currently valid GTC, and sent to the customer by e-mail. This automated confirmation does not constitute acceptance of the customer’s offer by 3dfit.ch. The applicable GTC can also be viewed and downloaded at any time at https://www.3dfit.ch/agb.

The customer concludes his order with payment, which must be made within 24 hours of the data delivery.

The scans are checked for quality by 3dfit.ch. 3dfit.ch has the right to reject scans for improvement without giving reasons. 3dfit.ch may also refuse to process the order further without giving reasons. If payment has already been made, 3dfit.ch will immediately refund the amount paid to the customer.

After payment has been made and the scans have been checked, 3dfit.ch will confirm the order to the customer by email to the address provided by the customer, which means that the contract between the customer and 3dfit.ch has been concluded.

Once the order has been confirmed, 3dfit.ch will begin production of the customized product based on the customer’s scan data. It is not possible to cancel or change the order.

5.3 Delivery and shipping conditions

3dfit.ch will ship the finished product as soon as possible, generally no later than 8 weeks after confirmation of the order.

Delays in delivery will be notified to the customer by 3dfit.ch.

3dfit.ch is entitled to make partial deliveries and provide partial services. Any costs incurred for separate shipment shall be borne by 3dfit.ch.

If the goods cannot be delivered due to force majeure or cessation of production, or if 3dfit.ch is unable to procure the ordered products under reasonable conditions, and if these circumstances only occur after conclusion of the contract and are not the responsibility of 3dfit.ch, 3dfit.ch shall be released from the obligation to deliver. Should events occur that make delivery significantly more difficult or impossible for 3dfit.ch, such as strikes, lockouts, official orders or similar, 3dfit.ch shall not be responsible for delays, even in the case of bindingly agreed deadlines and dates.

Delivery shall be made at the shipping costs indicated in each individual case.

Benefit and risk shall pass to the customer as soon as the goods have been handed over by 3dfit.ch to the logistics partner commissioned with the shipment.

Delivery shall be made via logistics partners. 3dfit.ch ships from Monday to Friday.

Delivery is usually made to the front door. Other services, such as unpacking, assembly or return of packaging material, are not included in the delivery costs. For delivery addresses with no access road or difficult access, delivery will be made to the nearest access point or railroad station. If the customer wishes delivery to the front door in this case, the additional costs shall be borne in full by the customer. The customer shall be responsible for obtaining any necessary permits, providing auxiliary equipment, etc.

3dfit.ch delivers throughout Switzerland and to the countries listed in the country/shipping costs overview.

5.4 Transport damage and defects in the product
The customer must check each shipment for integrity immediately upon arrival and report any defects to 3dfit.ch within two days of receipt. If the package is damaged or has been repaired with the carrier’s adhesive tape, the customer must immediately complain about the damage to the deliverer and request written confirmation of the complaint. If the customer fails to do so, the shipment shall be deemed to have been approved. In case of doubt, acceptance of the parcel must be refused and 3dfit.ch must be contacted. 3dfit.ch shall not be liable for damage caused by the acceptance of parcels by third parties. The customer must ensure that each shipment can only be accepted by authorized persons.

5.5 No right of withdrawal or right of return

As each product is made individually for the customer, there is no right of withdrawal or right of return.

6. gift cards

Gift cards can be purchased in the 3dfit.ch online store. They can be redeemed for purchases of goods in the 3dfit.ch online store or in authorized specialist shops. If the value of the gift card is not sufficient to cover the purchase, the customer can pay the remaining amount using one of the other payment methods accepted by 3dfit.ch. Several gift cards can be used for one payment. Gift cards cannot be used to purchase additional gift cards. Remaining credit can be redeemed until the end of the fifth year after the purchase date of the gift card or, if desired, transferred to a new gift card. Credit balances can neither be paid out in cash nor credited to a credit card.

7 Warranty and complaints

3dfit.ch guarantees production of the personalized product selected by the customer in the design chosen by the customer in accordance with the 3D scan supplied by the customer.

The customer is expressly informed and acknowledges that the product is manufactured on the basis of precise 3D scans. 3dfit.ch guarantees the precise manufacture of the product selected by the customer based on the scan data supplied. A fit guarantee is not provided.

The shape of the scanned body part may change due to accident, illness, training, significant weight gain or weight loss, etc. after the 3D scan has been created. All changes after the 3D scan has been created will naturally result in a change in the fit.

If the purchased goods have material defects, rescission is excluded. 3dfit.ch has the primary right to rectify the defect by means of a replacement delivery or repair. If 3dfit.ch waives this right, a price reduction is possible.

Complaints about defective goods and/or services must always be addressed by the customer directly to 3dfit.ch in writing or by email. Any replacement or repair can be carried out by post, provided that the customer notes this accordingly on the delivery documents.

The repair of items purchased from 3dfit.ch is carried out at cost price. Only cleaned items can be accepted for repair. Shipping costs to the manufacturer or to the repair workshop from the 3dfit.ch branch will be borne by 3dfit.ch. Shipping costs for home deliveries shall be borne by the customer.

8. limitation of liability

To the extent permitted by law, 3dfit.ch excludes all liability for loss or damage of any kind (including indirect or direct consequential damage) that the customer may incur in connection with the use of the product. The liability of 3dfit.ch for the actions of its auxiliary persons and substitutes is also excluded to the extent permitted by law.

9. data protection

The customer agrees to the processing of his personal data by 3dfit.ch, which 3dfit.ch requires to process orders, repairs, warranty cases and other services, as well as to maintain the relationship with the customer. Customer data and all purchase and order information are treated confidentially. Customer data will not be passed on to third parties for advertising purposes.

Further information can be found at www.3dfit.ch.ch/datenschutz

10 Copyright and notification of infringement

The entire 3dfit.ch website at www.3dfit.ch, including all subpages and content of any kind, is protected by copyright. Content may not be used for commercial purposes or exploited in any other way without the prior written consent of 3dfit.ch. The website contains links to third-party websites over whose content 3dfit.ch has no influence. Links to third-party websites with illegal content will be deleted by 3dfit.ch; such links can be reported at info@3dfit.ch.

11. amendment of the GTC

3dfit.ch reserves the right to amend and/or supplement these GTC at any time. The valid version can be accessed at any time at https://www.3dfit.ch/agb. Amendments or supplements shall be deemed to have been validly agreed if the customer does not object to them within 30 calendar days.

12. severability clause

The full or partial invalidity or ineffectiveness of individual provisions of these GTC shall not affect the validity of the remaining provisions or parts of such provisions. Invalid or ineffective provisions shall be replaced by provisions that correspond as closely as possible to their legal or economic meaning. The same procedure shall apply if there is a loophole in these GTC.

13 Place of jurisdiction and applicable law

The ordinary Swiss courts at the registered office of 3dfit.ch shall have exclusive jurisdiction for all disputes arising from or in connection with these GTC and with all legal relationships between the customer and 3dfit.ch, subject to any mandatory places of jurisdiction. 3dfit.ch may also sue the customer at his place of residence.

To the extent permitted by law, these GTC and all legal relationships between the customer and 3dfit.ch shall be governed by substantive Swiss law, excluding any conflict of laws provisions and excluding the provisions of the Vienna Sales Convention (CISG).