General Terms and Conditions
1 Scope and information about the seller
1.1 The present ’General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between On AG (hereinafter referred to as ’On’) and its customers purchasing products (hereafter referred to as 'Products') sold via On’s own web shop www.on-running.com (hereafter referred to as'Site').
If you are using the Site, Application or Services and you reside in the USA, The present ’General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between On Inc (US entity) and its customers. If you reside in Japan, these GTC govern the rights and obligations between On Japan (Asian Entity) and its customers. If you reside outside of the USA and Japan, these GTC govern the rights and obligations between On AG (EU entity) and its customers.
1.2 On reserves the right to modify these GTC from time to time. The GTC in force at the time the contract is concluded, i.e. the date when On confirms customer’s order, shall apply.
1.3 For further informations about the seller, consult the Legal Notice
2 Conclusion of Contract
2.1 The display of the Products and the indications of prices on the Site do not constitute legally binding offers but are only invitations to customer to submit a binding offer.
2.2 On does not issue acceptances of orders but only confirms the entry of the customer’s order. On’s actual delivery shall constitute On’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if On debits customer’s credit card account indicated by the customer.
On reserves the right to refuse customer’s offer and not to deliver the ordered Products if they are not available from On’s suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding; only the Products manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to On shall be relevant. If On cannot deliver the ordered Products to the customer in accordance with customer’s order (price and Product specifications) On refunds received advance payments to the customer.
2.3 Unless explicitly stipulated in writing by On, the delivery dates indicated by On shall only be non-binding reference points even though they are given to the best of On’s knowledge. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by On in writing, the customer may set a period of grace of at least three weeks. After expiry of grace period, the customer may withdraw from the respective order. Further claims are excluded.
2.4 On shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if On’s suppliers do not supply Products to On. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by On in which case the customer may refuse the delivery of such Products. In such instances, On shall repay the purchase price, if paid (also in cases where customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.
2.5 Modifications of the order or cancellations required by the customer are only valid if confirmed by On in writing. Costs already incurred to On may be charged to the customer.
2.6 On shall be entitled to partial deliveries, and the customer accepts partial deliveries.
2.7 No warranty is being given for all technical data and information regarding the scope of delivery, i.e. On shall not be liable for any damage which might arise because of deviations thereof.
3. Price and terms of payment
3.1 Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by On.
3.2 Prices indicated on the webshop are including Value Added Tax , exluding shipping charges (On normally offers free shipping and displays such fact clearly on the relevant sections of the webshop) and (only where applicable) import duties.
4. Payment and Delivery
4.1 On will charge credit or debit cards upon dispatch of the Products ordered. On reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site.
4.2 In case of default in payment, On shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
4.3 Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.
5. Risk and retention of title
On will only dispatch Products once payment in full has been received. Title to the Products will pass to Customer upon dispatch by On.
6. Right of withdrawal
6.1 Customer may cancel a contract and return any delivered product to On for any reason, provided that Customer has notified On in writing within 14 days of delivery.
6.2 To notify On about such return request and initiate the return process, Customer must follow the process as described on the returns section of the Site under www.on-running.com/returns.
6.3 The product must be returned to On in its original condition, meaning undamaged, clean and in the original packaging.
6.4 On offers free return collection service unless the shipping is from/to one of the following countries: Hong Kong, India, Indonesia, Israel, Malaysia, Mexico, New Zealand, Philippines, Singapore, South Korea, Taiwan or Thailand. Please note that expedited shipping will not be refunded in case of returns/exchanges.
The phone number to contact the carrier to arrange a pickup can be found in the returns section of the site as well as on the returns instructions sheet inside the box.
6.5 Once Customer has notified On about the wish to cancel the contract, any sum debited to On will be refunded as soon as possible and in any event within 30 days of receiving the ordered item(s) back in our warehouse.
7. Goods damaged during transport
7.1 Should Customer notice that at delivery the products ordered have been damaged during transport, the employee of the carrier delivering the order should be notified and On’s customer service contacted under [email protected] . Not notifying the carrier or On about goods damaged during transport, would however not affect Customer’s warranty rights, however this helps On to raise a claim against the carrier or the transport insurance.
The warranty period is 1 year and starts with the dispatch of the Product ordered by Customer. Any defect covered by the warranty shall be remedied by On at no charge for Customer. On’s warranty obligations for defective Products shall be limited to rectification or replacement of the Products. Rescission of the contract or a reduction of the purchase price are excluded. Excluded from any warranty claims are normal wear and tear and modifications of the Product.
9 Limitation of Liability
On shall only be liable for direct damages and only if the customer can prove that On, its auxiliaries or third parties instructed by On have acted with gross negligence or with unlawful intent. In any event, On’s liability shall be limited to the (purchase) prices of the delivery/service in question.
Further liability for damages of any kind of On, its auxiliaries or third parties instructed by On shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
10 Applicable law and jurisdiction
10.1 For Consumers: Contractual relations covered by these GTC between On and Consumers shall be governed under local law of country of residence of Consumer. The court of jurisdiction for all such conflicts arising, directly or indirectly, out oft he contractual relationship between the parties shall be the the place of residence of the consumer.
10.2 For any other Customer: Contractual relations covered by these GTC between On and professional clients (resellers) shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations? Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out oft he contractual relationship between the parties shall be the one of Zurich, Switzerland. On shall be entitled to alternatively sue the customer at the general court of jurisdiction at his/her domicile.
11 Data protection
On complies with all data protection laws and will use data which could identify Customer only as set out in Privacy Statement
12 Closing provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.
A. Key elements to be included in the General Terms and Conditions of the Retailer
§ 1 Forms of Payment
(1) Purchase on account
When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill. The purchase on the account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our payment claims to after the completion of a sales contract. As payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions of Billpay GmbH apply.
In the event that you do not fulfill your payment obligations, following the lapse of your payment period and without any further notice you will land in default and the default interest of 8% will be due. Billpay reserves the right to charge per payment reminder a reminder fee of up to CHF 30.00 as well as additional fees, in particular the costs of a possible debt collection process. In addition, Billpay may, in the future, refuse providing payment methods for contracts of sales, including those with other merchants. The General Terms and Conditions of Billpay GmbH apply.
§ 2 Limitation of ownership; Compensation; Right of retention
(1) For consumers, we reserve the right of ownership for purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
(2) A right of compensation is only available to you, if your counterclaims are established legally or recognized or accepted by us. Additionally, you only have a right of retention, so long as your counterclaim is based on the same contract.
(3) If the customer has any remaining default payments due to us, all existing receivable are due immediately.
§ 3 Identity and credit check by selection of Billpay payment methods
When you choose a payment method provided by our partner Billpay GmbH, you will be asked during the checkout process to consent to providing data required for payment processing as well as for identity and credit checks conducted by Billpay. After granting consent, your data (first and last name, street, house number, postal code, city, date of birth, telephone number and bank account details for direct withdrawal) and other data associated with your order will be transmitted to Billpay.
Furthermore, Billpay utilizes a third party for the settlement and prevention of fraud when necessary. Data gained from this third party is encrypted so that the stored data is only accessible to Billpay. This data will only be used when you select a payment option in cooperation with Billpay; otherwise the data will automatically expire after 30 minutes.