General Terms and Conditions (GTC)

1 Applicability of Terms

The deliveries, services, and offers of MB Sportswear GmbH are exclusively subject to these terms and conditions, even if not explicitly agreed upon again. By ordering goods or services, these terms are deemed accepted. Any general purchasing conditions of the buyer are hereby expressly rejected. Deviations from these terms are only valid if confirmed by us in writing.

2 Offers and Conclusion of Contract

The offers of MB Sportswear GmbH in price lists, advertisements, and brochures are non-binding and subject to change. Orders are only binding for MB Sportswear GmbH after written confirmation via email. Order confirmations will only be issued upon express request.

**2.1

The information in our sales documents (drawings, illustrations, images, dimensions, weights, and other performance data) is only approximate and does not constitute a guarantee of properties unless explicitly stated in writing as binding.

3 Delivery & Shipping Costs

Shipping within Switzerland and the Principality of Liechtenstein is free for orders over CHF 100.00. For orders below this value, a shipping fee of CHF 12.00 per order is charged. However, if the entire order is returned without keeping a single item, a fee of CHF 15.00 is charged for handling and packaging.
For deliveries to European countries, we charge the rates of the Swiss Post. Any applicable import or customs fees will be invoiced separately to the recipient.

You will be informed via email once your order has been shipped.

4 Payment Options

The following payment methods are available:
Credit Cards: Visa, Mastercard, PostFinance, TWINT

5 Credit Check

MB Sportswear GmbH reserves the right to conduct a credit check on the customer and may share customer data with third parties for this purpose.

6 Delivery Times

As a rule, your order will be shipped in one (1) delivery within 5–7 working days. Should this not be possible in exceptional cases, we will notify you.

7 Minimum Order Value

The minimum order value is CHF 25.00.

8 Prices

The prices listed in our order confirmation are binding. These apply to goods in stock at the time of the order. In the event of delivery bottlenecks or courier deliveries, the daily price on the day of the order applies. Prices are quoted in Swiss Francs, including VAT unless otherwise agreed, plus shipping costs.

9 Exchange/Return Policy

Upon receipt of the goods, we offer a 10-day exchange or return policy. Only items in their original packaging, in perfect, unworn condition, will be accepted. Items with odors or from which original tags have been removed cannot be returned. The shipping costs for the return are borne by the customer. Upon receipt and inspection of the returned goods, the purchase price will be refunded via a credit note. If you do not keep an item and do not wish for a replacement, a fee of CHF 15.00 will be charged for packaging and order processing.

10 Default of Acceptance

If the buyer refuses to accept the goods after a grace period or declares that they will not accept the goods, MB Sportswear GmbH may refuse to fulfill the contract and claim damages for non-performance. MB Sportswear GmbH is entitled to demand either a flat fee of 20% of the agreed purchase price or compensation for the actual damage incurred.

11 Deliveries

Visible quantity discrepancies must be reported to MB Sportswear GmbH and the carrier immediately upon receipt of the goods. Hidden quantity discrepancies must be reported in writing within 5 days of receiving the goods. Complaints regarding damage, delays, loss, or inadequate packaging must be made immediately upon receipt of the goods.

12 Transfer of Risk

Risk passes to the buyer as soon as the shipment is handed over to the person carrying out the transport. If shipping is delayed or becomes impossible through no fault of ours, the risk passes to the buyer upon notification of readiness for shipment. An agreement for MB Sportswear GmbH to cover transportation costs does not affect the transfer of risk.

13 Warranties

The warranty is valid for 1 year unless otherwise explicitly agreed in writing, and is subject to the following provisions:

**13.1

The warranty period begins on the delivery date. If our care, operation, or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not meet original specifications, any warranty is void to the extent the defect results from these actions. This also applies to improper use, storage, handling, or third-party interference, including opening devices. Insignificant deviations from guaranteed properties of the goods do not trigger warranty rights.

**13.2

Liability for normal wear and tear and consumable parts is excluded.

**13.3

Warranty claims against MB Sportswear GmbH are only granted to the direct buyer and are not transferable.

14 Returns

For returns, the defective item or device must be sent or delivered to MB Sportswear GmbH for repair along with a completed repair form and a copy of the invoice. The transport costs are borne by the buyer. Replacing parts or entire items does not extend warranty periods. The warranty is strictly limited to repair or replacement of the defective items.

15 Retention of Title

The delivered goods remain the property of MB Sportswear GmbH until full payment is made.

16 Limitation of Liability

Claims for damages arising from the impossibility of performance, breach of contractual obligations, fault during contract negotiations, or tort are excluded against us and our representatives or agents, except in cases of intent or gross negligence. No liability is accepted for consequential damages resulting from the use of the products.

17 Copyrights

The provisions of the manufacturer’s license agreement exclusively apply.

18 Data Protection

MB Sportswear GmbH is entitled to process data received in connection with the business relationship, whether originating from the buyer or third parties, in accordance with the Federal Data Protection Act.

19 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Biel-Bienne. The legal relationship is governed by Swiss law.

Brügg, November 2024