Terms and Conditions

General Terms and Conditions and consumer information within the framework of purchase contracts concluded via the online shop between pwrpro.ch – hereinafter “Seller” – and the customer – hereinafter “Customer”.

1 Scope and general information

(1) Subject to individual agreements and arrangements, which take precedence over these Terms and Conditions, the business relationship between the Seller and the Customer is exclusively governed by the following Terms and Conditions. Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is hereby objected to.

(2) The Customer is a consumer, insofar as they conclude the contract for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2 Conclusion of contract

(1) The contract is concluded with:

Power Pro Nutrition GmbH, info@pwrpro.ch, Krummenlandstrasse 27 5107 Schinznach-Dorf.

(2) The essential characteristics of the goods result from the respective product description provided by the Seller.

(3) All offers in the Seller’s online shop are merely a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. As soon as the Seller has received the Customer’s order, the Customer will first be sent a confirmation of receipt of their order by the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the Customer’s order, the Seller will promptly review it and inform the Customer within 2 working days whether they accept the order (order confirmation). The ordering process in the Seller’s online shop works as follows:

(4) The Customer can select products from the Seller’s range and collect them in a so-called shopping basket via the “Add to basket” button. By clicking the “Shopping basket” button, the Customer receives an overview of the selected products. By clicking the “Buy now” button, a binding application for the purchase of the goods in the shopping basket is made. Before submitting the order, the Customer can use the browser functions “Back” and “Forward” depicted as arrow keys to change and view the entered order and data at any time. The application can only be submitted and transmitted if the Customer accepts these contractual conditions by clicking the “Order now” button and thus includes them in their application. The Seller will then send the Customer an automatic confirmation of receipt by email, in which the Customer’s order is again listed

and which the Customer can print out via the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the application. The contract is only concluded by the Seller’s declaration of acceptance, which is sent by a separate email.

3 Subject matter of contract, quality, delivery, availability of goods

(1) The subject matter of the contract is the goods and services specified by the Customer in the context of the order and named in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, particularly regarding the availability of goods.

(2) The quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only inaccurately reflect the products; in particular, colours may vary considerably for technical reasons. Images serve solely as illustrative material and may differ from the product. Technical data, weights, dimensions and performance specifications are given as precisely as possible, but typical deviations may occur. The characteristics described here do not represent defects of the products supplied by the Seller.

(3) If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from making a declaration of acceptance. In this case, a contract is not concluded.

(4) If the product specified by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this immediately in the order confirmation.

4 Delivery, prices, shipping costs

(1) Dispatch to the shipping company takes place at the latest two days after receipt of payment, for payment by cash on delivery at the latest two days after order confirmation. The delivery time is up to five days. The Seller will indicate any differing delivery times on the respective product page.

(1.2) Please note the delivery delay (shipping conditions).

(2) Delivery is within Switzerland

(3) All item prices include statutory VAT. Prices quoted are final sale prices plus shipping costs. The Customer will receive an invoice showing VAT separately.

5 Payment

Payment is made in advance (PayPal, bank transfer, credit card, TWINT) or by cash on delivery.

6 Transport damage

(1) If goods are delivered with obvious transport damage, the Customer is requested to report these defects immediately to the courier and to contact the Seller as soon as possible.

(2) Failure to make a complaint or to contact does not have any consequences for the Customer’s statutory warranty rights, but helps the Seller to assert their own claims against the carrier or transport insurance.

7 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions

(2) A guarantee exists for goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.

(3) Complaints and claims under liability for defects may be submitted to the address stated in the provider identification.

8 Retention of title

The delivered goods remain the property of the Seller until full payment has been made.

9 Liability

The statutory provisions apply.

10 Contract text

The contract text is stored on the Seller’s internal systems. The Customer can view the Terms and Conditions at any time in their customer account. The order data and the Terms and Conditions are sent to the Customer by email. After the order has been completed, the order data are no longer accessible via the internet for security reasons.

11 Final provisions

(1) The contract language is German.

(2) In contracts between the Seller and their customers in Switzerland, Swiss law applies, to the exclusion of the laws governing the international purchase of movable goods. This choice of law applies to consumers only to the extent that protection pursuant to mandatory provisions of the law of the country of their habitual residence is not withdrawn.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of contractual relationships between the Customer and the Seller is the Seller’s place of business. This also applies if the Customer does not have a general place of jurisdiction in Switzerland or the EU, or if their place of residence or habitual residence is not known at the time of filing the action.

(End of the Terms and Conditions)