General Terms and Conditions of prophysics AG
1. Scope of application
For the use of this website and the business relationship between prophysics AG, Schaffhauserstrasse 121, 8302 Kloten, Switzerland and its customers, the following General Terms and Conditions (GTC) apply in the version currently available and valid when the website is accessed or goods are ordered. The offer on this website is aimed exclusively at customers resident in Switzerland, Austria or Germany.
A customer is any natural or legal person who maintains a business relationship with prophysics AG. The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time. prophysics AG asks you to read these provisions carefully each time you visit the website and each time you order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of prophysics AG in order to be valid. These GTC shall also apply if prophysics AG carries out the delivery and/or installation without reservation in the knowledge of conflicting or deviating GTC of the customer. When using this website or ordering goods, the customer confirms that he fully recognises these GTC, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is prophysics AG: www.prophysics.ch/impressum
2. Information on this website
The website of prophysics AG contains information about products and services. Prices, product ranges and technical specifications are subject to change without notice. All information on www.prophysics.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. prophysics AG endeavours to provide all data and information on this website correctly, completely, up-to-date and clearly, but prophysics AG cannot provide any explicit or implicit guarantee for this.
All offers on this website are subject to change and are not to be understood as binding offers.
prophysics AG cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.
3. Prices
Unless otherwise stated, the prices quoted by prophysics AG include statutory value-added tax, any advance recycling fees (VRG) and copyright levies in the case of
electronic devices.
Unless otherwise agreed, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved. In particular, prophysics AG may change prices at any time and without prior notice. Consulting and support services are not included in the sales prices.
4. Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from prophysics AG. By placing an order via this website, including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. prophysics AG then sends an automatic ‘order confirmation’ by email, which confirms that the customer’s offer has been received by prophysics AG. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or cancellation.
The contract is concluded as soon as prophysics AG sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it transpires after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, prophysics AG is entitled to withdraw from the entire contract or from part of the contract. If the customer’s payment has already been received by prophysics AG, the payment will be refunded to the customer. If no payment has yet been made, the customer shall be released from the obligation to pay. prophysics AG shall not be obliged to make a replacement delivery in the event of cancellation of the contract.
5. Payment options and retention of title
The customer has the payment options specified in the order process at his disposal.
prophysics AG reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons.
prophysics AG may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder in the event of late payment by the customer.
The products delivered to the customer remain the property of prophysics AG until full payment has been received.
6. Delivery, obligation to inspect, notification of defects and return of goods
Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoices are sent by email or by post. The benefit and risk are transferred to the customer upon dispatch, insofar as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, prophysics AG may cancel the contract after notifying the customer by email and setting a reasonable deadline, and may charge the customer for the costs incurred.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which prophysics AG provides warranty immediately in writing by letter or email to the address in the imprint.
Returns to prophysics AG are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address specified by prophysics AG in the imprint.
If the inspection by prophysics AG reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty or guarantee, prophysics AG may charge the customer for the labour involved, the return shipment or any disposal.
7. Installation, structural measures, commissioning
If it has been agreed that the installation will be carried out by prophysics AG, the installation and commissioning shall be carried out in consultation with the customer. The customer must ensure that the environment meets the technical, structural and other requirements for optimum utilisation of the object of purchase. The customer undertakes to carry out the necessary power supplies, cables, wiring, spatial changes, etc. professionally before the start of the installation or to have them carried out at his own expense. Any delay in this work shall not release the customer from his obligation to fulfil the contract.
8. Support conditions
If an annual support or service contract is concluded with prophysics AG, it is automatically extended by a further year after expiry if it is not cancelled at least 6 weeks before expiry or if nothing else was agreed in writing when the contract was concluded.
During the term of the support contract, prophysics AG provides technical support as well as support for software updates and system configurations for the systems specified in the offer. (e.g: Vicon Motion Capture System, Cometa-EMG System, Zebris pressure plates, AMTI force plates).
Support is available at the times and by the means described on the website. prophysics AG endeavours to process each support case as quickly and individually as possible, but there is no entitlement to immediate processing. Two employees named by the customer are authorised to provide support. The two employees authorised to provide support must be named to prophysics AG upon conclusion of the contract. In consultation with prophysics AG, the persons authorised to provide support can be renamed at any time.
9. Right of cancellation
When placing an order in the webshop, the customer is granted a right of cancellation for 10 calendar days/14 days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written cancellation by email info@prophysics.ch or letter to prophysics AG, Schaffhauserstrasse 121, 8302 Kloten, Switzerland within the deadline. The cancellation does not require any justification.
Exercising the right of cancellation leads to a reversal of the contract. The customer must return the goods within 10 calendar days/14 days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by prophysics AG in the imprint. Return shipments to prophysics AG are made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided that prophysics AG has already received the goods back or the customer can provide proof of dispatch.
prophysics AG reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it.
No right of cancellation is granted in the following cases:
(i) If the contract has a random element, namely because the price is subject to fluctuations over which the supplier has no control.
(ii) If the subject of the contract is a movable item which, due to its nature, is not suitable for return or can spoil quickly;
(iii) If the subject of the contract is a movable item that is manufactured according to the consumer’s specifications or is clearly customised to personal requirements;
(iv) If the contract relates to digital content and this content is not provided on a fixed data carrier or if the contract is to be fulfilled in full by both parties immediately;
(v) If the contract is for a service and the contract is to be performed in full by the supplier with the consumer’s prior express consent before the cancellation period has expired.
(vi) In the areas of accommodation, transport, delivery of food and drink and leisure activities, if the provider undertakes to provide the services at a specific time or within a precisely specified period when the contract is concluded.
10. Warranty
prophysics AG endeavours to deliver goods of perfect quality. In the event of defects notified in good time, prophysics AG shall guarantee that the item purchased by the customer is free of defects and functional for the statutory warranty period of generally two years from the date of delivery. It is at the discretion of prophysics AG to fulfil the warranty by repairing the product free of charge, replacing it with an equivalent product or refunding the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.
prophysics AG is unable to give any assurances or guarantees that the data is up-to-date, complete and correct or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no assurance or guarantee is given that the use of the website will not infringe the rights of third parties that are not owned by prophysics AG.
11. Liability
prophysics AG excludes all liability, irrespective of its legal basis, as well as claims for damages against prophysics AG and any auxiliary persons and vicarious agents. prophysics AG is in particular not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
prophysics AG only uses hyperlinks to simplify the customer’s access to other websites. prophysics AG cannot know the content of these websites in detail, nor can it accept any liability or other responsibility for the content of these websites.
12. Data protection
prophysics AG may process and use the data collected during the conclusion of the contract to fulfil the obligations arising from the purchase contract and for marketing purposes. The data required for the fulfilment of services may also be passed on to commissioned service partners (logistics partners) or other third parties. The additional data protection provisions are available at the following link: www.prophysics.ch/datenschutz
13. Further provisions
prophysics AG expressly reserves the right to amend these GTC at any time and to bring them into force without prior notice. In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Kloten, unless the law provides for mandatory places of jurisdiction.
14. Contact
If you have any questions about these GTC, please contact: www.prophysics.ch/Impressum