Nutriathletic AG
NUTRIATHLETIC®
THE NO-BULLSHIT COMPANY®
www.nutriathletic.swiss
www.nutriathletic.com

1. Validity
The general terms and conditions of Nutriathletic AG are an integral part of all offers, orders and order confirmations.

2. Offer
The offer of Nutriathletic AG (hereinafter the “Company”) includes, among other things, an online store for the products of the NUTRIATHLETIC® product line and any other products. The online store www.nutriathletic.swiss, www.nutriathletic.com exclusively supplies customers in Switzerland. EU/World customers please use the following online store: www.vitafy.de/nutriathletic.html.

3. Nutriathletic AG (Online Shop)
All deliveries from Nutriathletic AG are made exclusively on the basis of the following terms and conditions.

3.1 Prices
[1] The prices are shown in Swiss francs (CHF) and include the statutory value added tax. The prices stated on the Internet pages at the time of receipt of the order apply.

3.2 Postage and shipping costs
[2] Free shipping for private customers for orders above CHF 100.00. Free shipping for business customers for orders above CHF 500. DPD: CHF 8.50 / delivery time: 2-3 working days. Post Economy: CHF 8.50 / delivery time: 2-3 working days. Post Priority: CHF 9.50 / delivery time: 1-2 working days.

3.3 Payment method
[3] Payment with the payment options and conditions offered in the store.

For private customers with the payment method “Purchase on account with installment facility (POWERPAY)”:
MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. With purchase on account you accept in addition to our terms and conditions, the terms and conditions of POWERPAY. (powerpay.ch/en/agb).

For business customers (B2B) with the payment method “Purchase on account (A.B.S Factoring)”:
Under a factoring agreement, all claims of Nutriathletic AG have been assigned to A.B.S. Factoring AG, Huobstrasse 3, CH-8808 Pfäffikon SZ. Therefore, the invoice can only be paid with discharging effect to the following accounts of A.B.S. Factoring AG: Beneficiary: A.B.S. Factoring AG, IBAN: CH94 0883 6300 0064 0000 6
Any objections to the invoices or notices of defects must be reported to us in writing within 10 days and A.B.S. Factoring AG must also be informed by means of a copy. By making the first payment to the specified account, the debtor acknowledges the validity of the assignment of the claims of Nutriathletic AG against the debtor.

3.4 Delivery
[4] The delivery is usually sent within 1 to 3 working days after receipt of order. In the event of a delayed shipment, the customer has neither a claim for damages nor a right of withdrawal. If the shipment takes an unusually long time, the customer must give at least one reminder before he can withdraw from the contract.

3.5 Complaints
[5] The delivery cannot be exchanged or returned, except in the case of damaged goods.

3.6 Improvements and changes
[6] Nutriathletic AG reserves the right to make product changes, which from the customer’s point of view serve to improve quality, even without prior notice.

4 General provisions

4.1 Quality
[7] Nutriathletic AG provides its services carefully and in accordance with the generally accepted (internal) quality standards.

[8] The customer (client) bears sole responsibility for the use and implementation of the products. Any claims for damages on the part of the commissioning organization, its members or third parties are expressly excluded to the extent permitted by law.

[9] Any errors and defects in the products caused by Nutriathletic AG intentionally or through gross negligence will be corrected by Nutriathletic AG at its expense. This correction includes finally the correction of reports and statements and as far as necessary the holding of discussions. Other claims for damages are expressly excluded.

[10] Liability for auxiliary persons within the meaning of Art. 101 of the Swiss Code of Obligations is excluded in full to the extent permitted by law.

4.2 Confidentiality and data protection
[11] Nutriathletic AG treats all company and personal data, which it learns in connection with its activities, or which it generates through its activities (e.g. test reports) absolutely confidential. It does not pass them on to unauthorized persons or external third parties. Exceptions are permitted if an organization or individual expressly authorizes Nutriathletic AG to do so. Also permissible is the mention of customer names in the sense of a general reference.

[12] Nutriathletic AG treats personal data that is particularly worthy of protection (e.g. personality profiles) with the necessary care, which at least corresponds to the provisions of the Swiss Federal Data Protection Act.

[13] If individual, personal reports on individual members of an organization are created as part of orders, Nutriathletic AG considers these individuals to be the only authorized recipients of this information, regardless of who placed or paid for the order.

[14] As a matter of principle, Nutriathletic AG only provides reports or information in the sense of point [13] to the authorized persons. Reports or information to other persons, in particular also to other members of the organization and superiors, are only given with the consent of the authorized person.

[15] A procedure that deviates from point [14] is permitted if a different procedure has been agreed upon in a manner that is reasonable and recognizable to all parties involved (e.g. in the context of suitability clarifications, assessments, employee surveys, etc.). If the employees concerned have been informed of the deviating procedure in advance and do not object, it is deemed to have been accepted.

[16] The protection of the client’s privacy is of utmost importance to Nutriathletic AG. It naturally complies with the legal provisions on data protection. The customer has the possibility at any time free of charge to request information about the data stored about his person (scope, purpose) or to request its deletion. This data will not be passed on to third parties without express permission.

4.3 Intellectual property
[17] Nutriathletic AG uses for the fulfillment of its business purposes generally available technical and methodological knowledge, knowledge taken from other sources and knowledge developed by itself, further developed and adapted to the specific customer conditions.

[18] If technical and methodological knowledge is taken from other sources, this is declared in the sense of a citation, or there is a corresponding agreement between Nutriathletic AG and the owner of the copyright.

[19] Nutriathletic AG claims the copyright to all its documents.

[20] The use of Nutriathletic AG documents, whether for commercial or non-commercial purposes, is only permitted with the express consent of Nutriathletic AG or under a license agreement.

4.4 Applicable law and jurisdiction
[21] Swiss law is exclusively applicable.

[22] The exclusive place of jurisdiction is the registered office of Nutriathletic AG.

Issue from 1.03.2020