Terms of Service
General Terms and Conditions of the Online Shop
The EGO Movement Shop (www.egomovement.com/shop) is the online shop of EGO Movement, a brand of the GO corporation, Hagenholzstrasse 65 in 8050 Zurich, Switzerland. In the following, the name EGO Movement shall refer to the GO corporation. These General Terms and Conditions (hereinafter “GTC”) apply to all services of the EGO Movement Shop.
A Consumer is any natural person who enters into a legal transaction for purposes that are largely not attributable to his or her commercial or independent professional activity (Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)).
2. Conclusion of the Contract
The following rules apply to orders placed via our web shop (www.egomovement.com/shop).
By displaying goods in our online shop, we are not making a legally binding offer to conclude a contract for the sale of the items.
The Customer places a legally binding order if he or she successfully completes the order procedure described below.
We will immediately confirm receipt of your contractual offer with an automatically generated email. This email does not constitute binding acceptance of the offer. The confirmation of receipt merely serves to document our receipt of the Customer’s order.
Only once we have accepted your order and sent you the invoice will a contract of sale be concluded. If the Customer has selected PayPal as the method of payment, the contract is formed when the Customer confirms the payment instruction to PayPal. The Contract shall only be concluded with respect to those goods that are expressly listed in our invoice. This also results in the definitive scope of services.
Select the desired product
Confirm by clicking on the “Add to Basket” button
Click on the “Proceed to Checkout” button
Enter personal details and select the desired payment method
Submit a binding order by clicking on the “Place your Order” button. Until he or she clicks on this button, the Customer may initially place goods in the shopping basket without any obligation and can change the data indicated at any time by using the correction tools provided and explained in the order process.
Orders may be placed no more than 10 days before the desired delivery date. EGO Movement is at liberty to refuse to accept an order – for whatever reason – and to refuse to conclude the Contract.
By placing the order, the Customer confirms the accuracy of all information provided by him or her.
3. Prices, Shipping Costs, Due Date and Payment
The prices indicated in the online shop are in Swiss francs (CHF) and include statutory value-added tax and other price components. Any shipping costs may be added and will be displayed in the online shop.
The prices displayed on the website at www.egomovement.com/shop at the time of the order shall apply.
Different payment methods are available depending on the product line and the type of shipment. EGO Movement is in any event entitled to decide at its own discretion which means of payment it will accept in the specific individual case.
The range and prices generally correspond to the offerings of EGO Movement's physical stores. However, deviations are possible in the case of promotions and special product lines.
If, when placing the order, a Customer is in default in paying previous invoice amounts or if his or her personal credit limit has been exceeded, the payment method “by invoice” will not be available.
For legal entities, the payment type “by invoice” is only available upon written request.
Invoices shall be sent electronically after delivery if possible, and otherwise by post, to the default address indicated by the Customer, or they shall be attached directly to the delivery of goods.
Invoices must be paid within 10 days without any deductions or other discounts. Unauthorised deductions shall be debited subsequently. In the event of late payment, a contribution to costs of CHF 50 plus default interest of 5% per annum shall be levied.
In the event of payment default, EGO Movement shall be entitled to instruct third parties to collect outstanding payments and to assign claims to third parties in Switzerland and abroad.
4. Delivery Terms
Goods shall be delivered directly to the delivery address and contact person provided by the Customer. Goods may also be collected from an EGO Movement site.
Depending on the product line and the place of delivery, the delivery shall be carried out by the personal delivery service of EGO Movement or through various services of its delivery partners. Delivery shall be made to private individuals' apartment doors and to corporate clients' reception area / front desk to the extent such locations are accessible.
4.1 Delivery times and compliance with delivery deadlines
EGO Movement and its delivery partners will do everything in their power to comply with the delivery deadlines. However, all delivery times announced by EGO Movement merely provide guidance. If EGO Movement or our delivery partner is unable to deliver an order confirmed by EGO Movement or the delivery partner due to circumstances that are not acceptable to EGO Movement or our delivery partner, a second delivery date shall be agreed. The Customer shall bear the costs of this second delivery. If this also fails, EGO Movement shall have no obligation to carry out the delivery elsewhere and may cancel the Contract. The Customer shall not be entitled to damages as a result, except in cases of gross negligence or wrongful intent. If we cancel the contract, we shall inform the Customer immediately and refund any payments already made.
4.2 Delivery fees
The amount of the delivery fee depends on the type of delivery, the order value (less any coupons/discounts) and the order frequency. Depending on the product line and type of delivery, a minimum order value may apply.
If products are purchased at the same time using different shipping methods, multiple delivery fees may be charged. Shopping baskets with different shipping methods are shown separately during the order process.
4.3 Deposit of Deliveries
For quality and security reasons, EGO Movement endeavours to hand over the delivery of goods to the Customer personally. If the goods cannot be handed over in person during the agreed delivery period, the goods shall be deposited at the door of the building.
Deliveries by the delivery partners to addresses without home delivery shall be stored at the place where the parcel service stores parcels for such addresses.
4.4 Cancellation of delivery by EGO Movement
If, for reasons not attributable to EGO Movement, successful delivery is not possible or is only possible under difficult circumstances, such as an incorrect delivery address, absence of the recipient, lack of access permits, poor weather/traffic conditions, etc., and if a second delivery attempt also fails, EGO Movement shall be entitled to cancel the order. Any claim on the part of the Customer for damages or compensation in kind shall be fully excluded in this case. Any payments already made shall be refunded.
5. Reservation of Title
The ordered items will remain our property until the full purchase price has been paid. We are entitled to make a corresponding entry in the retention of title register. If the Customer is a business operator engaged in commercial or self-employed gainful activity, a legal person governed by public law or a special fund under public law, we reserve ownership of the item purchased until all outstanding claims under the business relationship with the Customer have been settled. The corresponding security rights shall be transferable to a third party.
The Customer only has the right to set-off if his or her counterclaims have been established in a legally binding manner, are undisputed by us or are ripe for judgment. In addition, the Customer shall only have a right of retention if and insofar as his or her counterclaim is based on the same contractual relationship. In particular, in the event of defects in the delivery, the Customer’s reciprocal rights shall remain unaffected.
6. Special Product Terms and Conditions
6.1. Purchase of EGO Movement gift cards
For the purchase of EGO Movement gift cards, the corresponding GTC of EGO Movement shall also apply.
7. Rebates, Discounts and Coupons
The promotions offered at EGO Movement only correspond to a limited extent to those of EGO Movement's physical stores or other EGO Movement sales channels.
At EGO Movement, only coupons that expressly mention EGO Movement as the place of redemption may be accepted. Only one coupon may be redeemed per order; coupons cannot be combined.
8. Customer Service, Complaints & Exchange
The Customer Service department provides information and personal support in case of questions, problems or complaints regarding the services of EGO Movement.
EGO Movement Customer Service
the GO corporation
Hotline: 0800 550 923
Email: [email protected]
The return or exchange of ordered products due to dissatisfaction is explicitly excluded.
9.1 Duty to investigate and report defects
The Customer is obligated to inspect the delivered products as soon as feasible in the ordinary course of business and to report any defects detected to our Customer Service immediately. If the Customer fails to do so, the Products shall be deemed to have been approved. The approval shall be deemed to have been given in any event unless the Customer reports any defects to our Customer Service department via email within eight days of delivery.
Defects not detectable upon proper inspection in accordance with the preceding paragraph shall be reported to our Customer Service department via email upon discovery; otherwise the ordered products shall be deemed approved in respect of such defects as well.
The defective product must be returned together with a copy of the invoice and a detailed description of the defect. The return address shall be sent to the Customer together with each delivery. We shall cover any transport costs incurred.
9.2 Liability for defects
We provide warranty services by rectifying defects. This shall occur, at our option, either by cure, namely rectification of a defect (rectification) or delivery of a defect-free item (replacement delivery). Products returned by Customers shall become our property again.
If the rectification is unsuccessful, the Customer shall be entitled to cancel the Contract. This shall not apply in the event of minor defects. A right to a price reduction is excluded. This exclusion of liability shall also extend to all claims that compete with the warranty rights, whether arising from contract (Art. 97 ff. of the Swiss Code of Obligations (CO)), tort (Art. 41 ff. CO), contestation of the contract on grounds of error (Art. 23 ff. CO), etc.
9.3 Limitation of claims
If the Customer is a Consumer, the limitation period for defect claims shall be two years from the transfer of risk; it shall not be extended by the satisfaction of warranty claims.
If the Customer is not a Consumer, the warranty shall be time-barred one year from the transfer of risk.
10. General Terms and Conditions
10.1. Data protection
The processing of personal data shall be in accordance with the Privacy Statement of the GO corporation, which can be found at https://egomovement.com/ch/de/datenschutzerklarung.
10.2. Governing law & jurisdiction
The substantive law of Switzerland shall be exclusively applicable, excluding international conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods. If the Customer is not a Consumer, the courts of the City of Zurich shall have exclusive jurisdiction over disputes arising out of or in connection with these GTC; otherwise the statutory place of jurisdiction shall apply.
Any liability of EGO Movement for ordinary and moderate negligence is hereby disclaimed. The foregoing does not apply to losses resulting from injury to life, limb or health and other circumstances amounting to mandatory statutory liability. Our liability for auxiliaries (Art. 101 of the Swiss Code of Obligations) is disclaimed in full.
11.2 Content of the online offering
EGO Movement does not guarantee that the information provided is up to date, correct, complete or of any particular quality. Liability claims against EGO Movement relating to losses of a material or non-material nature caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are generally disclaimed unless EGO Movement is demonstrably wilful or grossly negligent.
EGO Movement expressly reserves the right to alter, supplement or delete any parts of its web pages or the entire content thereof without any specific advance notice or to suspend publication either temporarily or permanently.
12. Language of the Contract