General terms and conditions

Scope and applicability

For business transactions with Just4motion Ag (hereinafter referred to as "Just4motion") the following general terms and conditions (hereinafter referred to as "Terms & conditions's") apply exclusively. These are binding for all present and future business transactions of all customers with Just4motion even without special reference. General terms and conditions of purchase of the customer are hereby expressly rejected. Deviations require the written form.

Special tasks and duties of customers

The customer makes sale and delivery of the products to the end customers in his own name, on his own account and at his own risk. The customer is not authorized to act on behalf of or as a representative of Just4motion towards end customers or other third parties and/or to conclude any transactions and/or contracts for Just4motion.

Ordering, delivery, handover of products and services

3.1 The scope and execution of the delivery will be recorded electronically by Just4motion after the order so that the customer can check the content of his order in the online store. Any discrepancies between the content of the customer's order and the delivery data recorded in the online store must be reported by the customer to Just4motion immediately. The delivery takes place in any case subject to the availability or deliverability of the products at the manufacturer.

3.2 If a customer exceeds his credit limit by placing an order, Just4motion is released from the obligation to deliver.

3.3 The delivery dates stated by Just4motion are to be regarded as indicative only, unless otherwise expressly assured in writing. The specification of a delivery date is made to the best of our knowledge, but without guarantee. This applies in particular in the event of delivery delays, e.g. as a result of replenishment problems at the manufacturer.

3.4 If a delivery is delayed beyond a delivery date expressly guaranteed by Just4motion in writing, the customer may, after expiration of an additional period of at least three weeks to be set by him in writing, put Just4motion in default and, after unused expiration, withdraw from the respective order. Just4motion is not liable to the customer for this case, especially not for consequential damages of any kind. Unless this is expressly agreed in writing.

3.5 In case of delivery of any kind and assembly, accessibility for the goods must be ensured by the customer.

3.6 Visible quantity differences, damages and bad packaging must be reported immediately in writing upon receipt of the goods to the company in charge of the transport. Hidden quantity differences must be reported in writing to Just4motion within 4 days after receipt of the goods, delay and loss must be reported immediately.

3.7 Partial deliveries are permissible. Unavoidable events such as force majeure, strikes, etc. entitle Just4motion to postpone delivery or, if necessary, to withdraw from the contract.

3.8 Just4motion chooses the means of transport and the mode of shipment. If the buyer requests otherwise, he bears the additional costs.

Default of acceptance

If the customer refuses to accept the delivery items after the expiration of a grace period granted to him or declares that he does not want to accept the goods, Just4motion may refuse to fulfill the contract and claim damages for non-performance. Just4motion is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the customer as damages.

Offers and prices

4.1. All offers are non-binding. The current prices are published in the online store, price changes and errors excepted.

4.2. The information in the sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding.

4.3. The prices of the products and services of Just4motion are net prices in Swiss Francs (CHF), excluding VAT and ex warehouse Just4motion. The shipping conditions are described in the "Shipping conditions", which is an integral part of this Terms & conditions . Value added taxes are to be paid by the customer. For not charged value added tax we reserve the right of subsequent charging. Statutory and regulatory levies (SUISA/SWICO) are not shown separately in every case, but are included in every product subject to levies.

4.4. The prices of the products as well as the ancillary costs are generally calculated at the time the order is electronically recorded by Just4motion. If the purchase prices for Just4motion increase after the customer has ordered products from Just4motion, this entitles Just4motion to adjust the prices to the customer accordingly.

Transfer of benefit and risk

The risk is transferred to the customer as soon as the shipment has been handed over to the company performing the transport. If the shipment is delayed or becomes impossible through no fault of Just4motion, the risk is transferred to the customer with the notification of readiness for shipment. An assumption of the transport costs by Just4Motion agreed in individual cases has no influence on the transfer of risk.

Terms of payment

5.1. Unless otherwise agreed in writing, all invoices of Just4motion are due 30 days net / 10 days 2% after invoice date for payment to the specified account. After this period the customer is in default without reminder. Just4motion can claim a default amount of 20.00 CHF - 50.00 CHF. All reminder and collection charges in case of default of acceptance or payment are at the buyer's expense. Just4motion reserves the right, if necessary, to carry out a credit check according to the Privacy policy of Just4motion.

5.2. A payment is considered to be made only when Just4motion can dispose of the amount.

5.3. In case of default of payment by the customer, Just4motion is entitled without special warning to stop all further deliveries to the customer in whole or in part until its claims have been settled or secured. All consequences resulting from such a suspension of delivery shall be borne exclusively by the customer.

5.4. If the customer subsequently does not repay its debts or does not ensure their fulfillment even within a grace period set by Just4motion, Just4motion is entitled to definitively refuse all further deliveries to the customer and to claim damages.

5.5. All claims of Just4motion, including those for which payment by installments has been agreed, become due immediately if (a) the customer repeatedly fails to comply with payment terms or (b) upon Just4motion's request, the customer does not immediately provide the necessary collateral to dispel Just4motion's reasonable doubts about its liquidity/ability to pay, such as in the event of debt collection or other indications of the customer's payment difficulties. The customer has the obligation to notify Just4motion if liquidity bottlenecks are foreseeable.

5.6. Upon Just4motion's request, the customer assigns its claims against end customers from the resale of products delivered by Just4motion to Just4motion on account of payment (Art. 164 et seq. CO).

5.7. The offsetting of counterclaims of the purchaser is excluded. Claims asserted by the buyer from warranties or alleged defects do not release him from the obligation to pay until a final court decision. Just4motion reserves the right to deliver goods only against security, advance payment or cash on delivery, deviating from the above terms of payment. Advance payments are not subject to interest.

Retention of title

6.1. The products delivered by Just4motion remain the property of Just4motion until Just4motion has received the purchase price in full and in accordance with the contract. Just4motion is entitled to enter the retention of title in the retention of title register at the respective domicile of the customer in accordance with Art. 715 ZGB until that time. The customer undertakes to immediately give his written consent to the registration of a reservation of title in all points essential for the registration upon Just4motion's request (cf. Art. 4 para. 4 of the Ordinance on the Registration of Reservations of Title).

6.2. As long as the purchase price has not been paid in full, the customer is obliged to maintain the products delivered by Just4motion, to handle them with care and to insure them against all usual risks.

Product return

7.1. A return of products by the customer requires the prior consent of Just4motion and is at the expense and risk of the customer. Unopened, original packed and not labeled/stamped goods will be taken back within a period of 14 days against credit note at the current daily price, provided that the product is still on sale (maximum the sales price at the time of the order). Defective products must be returned in their original packaging, if possible, with the complete scope of delivery and accompanied by a detailed description of the defect/defect and an RMA number (online return form).

7.2. Products that Just4motion has procured on customer request, sales out products as well as consumer goods are excluded from return in any case.

7.3. Test and demo items shall only be taken back in accordance with the conditions specified on the order confirmation.

7.3. Exercising the voluntary 14-day right of return will result in the conversion of the purchase contract into a return relationship, after which the services received under the purchase contract must be refunded (maximum sales price at the time of the order, excluding any services and transport costs).

7.4. Upon receipt of the goods, any purchase price already paid shall be credited to the customer's customer account. However, a deduction of the purchase price to be refunded or an invoice for possible damages, excessive wear of the goods or, if agreed, shipping costs of the goods remains reserved. Just4motion can refuse the credit until they have received the goods back or the customer has provided proof that he has returned the goods, whichever is earlier.

7.5. For Return of goods of defective goods Just4motion requires that the defective part or device is sent in or delivered to Just4motion for repair with an online completed repair form (online return form).

7.6. The customer is in any case responsible for packing the goods to be returned in a transportable manner. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The transfer of risk to Just4motion does not take place until the goods arrive at Just4motion. Just4motion reserves the right to return products with missing, defective or described original packaging or products that are no longer in perfect condition to the customer at the customer's expense and risk.

7.7. When sending in the device to be repaired or returned, the customer must ensure that the data on it is deleted and backed up by copies, as the data can be lost during repair work. A liability of Just4motion for the loss of data, access of third parties or similar is excluded.

Credit limit/duty to inform

8.1. Just4motion determines the customer's credit limit based on the customer's turnover, payment history and credit rating.

8.2. In case of late payment, indications of insolvency or other doubts about the customer's creditworthiness Just4motion reserves the right to reduce the credit limits at any time or to demand immediate payment or adequate credit securities from the customer.

8.3. The Customer undertakes to immediately notify Just4motion of any significant changes in his company, e.g. regarding shareholders, legal form, business address, but also in the board of directors or in the management, as well as any financial problems endangering the business existence.

Warranty/Guarantee

9.1. The responsibility for the selection, the configuration, the deployment as well as the use of products as well as the results achieved with them lies with the customer or the purchaser of the products, i.e. the end customer. The customer acknowledges that Just4motion does not perform any incoming inspections of the products delivered by manufacturers or suppliers.

9.2. The customer shall inspect the goods immediately and as best as possible after delivery. Obvious defects must be reported immediately (within 5 working days). Hidden defects must be reported immediately (within 10 working days at the latest) after their discovery.

9.3. Defects must be notified in writing. Late notices of defects and notices of defects not formulated in writing shall result in the forfeiture of the warranty/guarantee services listed below.

9.4. Just4motion's warranty/guarantee for the products it delivers is determined in every respect by the warranty/guarantee provisions of the respective manufacturer/supplier. The customer waives any further warranty/guarantee claims against Just4motion and the manufacturer/supplier. Just4motion's only obligation is to assign any warranty/guarantee claims of its own against the manufacturer/supplier to the customer.

9.5. The customer acknowledges that due to the respective applicable warranty/guarantee provisions, the warranty/guarantee is generally limited to rectification or replacement of the defective/deficient products at the discretion of the respective manufacturer/supplier and, moreover, shall only apply if the products remain in Switzerland or the Principality of Liechtenstein.

9.6. If a manufacturer/supplier does not have its own provisions on warranty/guarantee, Just4motion is entitled in the case of warranty/guarantee at its discretion: - to deliver a replacement against return of the rejected goods, - to refund the purchase price - or to compensate the reduced value of the goods while maintaining the purchase contract. If Just4motion decides to refund the purchase price, a credit note will be issued at the current price (maximum the sales price at the time of the order).

9.7. Furthermore, the customer acknowledges that in any case a defect is only present if it is reported in detail to Just4motion in writing immediately after discovery and includes a relevant and reproducible error. The warranty/guarantee is excluded in particular for defects which are based on one of the following causes:

  • inadequate maintenance;
  • Failure to follow operating or installation instructions;
  • improper use of the products;
  • Use of unauthorized parts and accessories;
  • natural wear and tear;
  • Transport, improper handling or treatment;
  • Modifications or attempted repairs;
  • external influences, in particular force majeure (e.g. failure of the power supply or the air conditioning system, elemental damage) as well as other reasons for which neither Just4motion nor the manufacturer/supplier are responsible.


Repair services not covered by the manufacturer/supplier as well as additional costs caused by the customer will be charged to the customer.

9.8. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/inserted batteries/inserted or installed rechargeable batteries is excluded.

9.9. The warranty/guarantee period shall be shown on the invoice and shall not be interrupted by any warranty/guarantee case, but shall continue to run.

9.10. No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire devices.

9.11. Warranty or guarantee claims against Just4motion are only due to the direct customer and are not assignable.

9.12. In any case, the customer shall comply with the procedures defined by Just4motion or the respective manufacturer / supplier for the handling of any warranty claims.

9.13. The statutory warranty is excluded in its entirety.

Liability

10.1. Just4motion is only liable for direct damage and only if the customer proves that it was caused by intent or gross negligence of Just4motion or the third parties commissioned by Just4motion. Liability is limited to the price of the respective delivery/service.

10.2. Any further liability of Just4motion, its auxiliary persons and third parties commissioned by Just4motion for damages of any kind is excluded. In particular, the customer has in no case claims for compensation for damages that have not occurred to the product itself, such as namely loss of production, loss of use or data, loss of orders, loss of profit and other indirect and/or consequential damages from the use of the products. (Personal liability is in any case the responsibility of the customer).

10.3. Just4motion undertakes to assign to the customer any liability claims recognized by the manufacturer/supplier.

Patents and other property rights

If a third party should claim or assert claims against the customer or its end customer due to infringement of a patent, copyright or other industrial property right by delivered products, the customer shall notify Just4motion in writing and without delay of such infringement notices or claims made. Just4motion will immediately forward these notices to the supplier or manufacturer and request the latter to settle the situation. The customer waives any warranty or liability claims against Just4motion.

Re-export/anti-corruption

11.1 The products distributed by Just4motion are subject to Swiss export regulations. The customer undertakes to apply for a special export permit from the competent authority before any re-export of the products. This obligation is to be transferred to the respective acquirer with the obligation of further transfer in case of sale or other transfer of the products.

11.2 Just4motion complies with anti-corruption legislation and has established appropriate internal measures that ensure compliance. The customer undertakes to comply with the applicable legal provisions and to do everything to avoid unlawful conduct when purchasing and reselling Just4motion's products.

Confidentiality

The customer agrees to keep the Just4motion price list and other confidential data and information of a commercial nature, e.g. discounts, dealer margins, bonuses, etc., confidential and to use them only for the purpose of the contractual relationship with Just4motion.

Manufacturer Reporting, Privacy policy

12.1 The customer acknowledges that Just4motion processes customer-related data such as sales prices and quantities as well as names and addresses of the customers within the scope of the periodic so-called manufacturer reporting and transmits manufacturers/suppliers possibly also abroad.

12.2 With his order, the customer gives Just4motion his consent that Just4motion is entitled to pass on information about the payment processing to credit, trade and business information agencies for the purpose of checking the payment behavior and creditworthiness.

12.3 Further information on the handling of customer data can be found on the separate privacy policy. The privacy policy is an integral part of the present Terms & conditions's. By accepting the Terms & conditions's, the customer also agrees to the privacy policy.

Use of the Just4motion online store

The customer may disclose data, which he has learned through the use of the online store, to third parties only with the express written consent of Just4motion and only if he complies with the usage regulations set by Just4motion.

Intellectual property

Just4motion reserves all rights for every design, every text, every graphic on its website. Copying or other reproductions, of the whole website or parts of this website is only allowed, if this was agreed with Just4motion before. The name Just4motion, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or trademarks of Just4motion AG. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. Just4motion reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer requires the express written consent of the owner company Just4motion AG.

Supplementary conditions

Standard Of Retail Stores

All retailers must meet the following minimum standards:

  • Retail stores shall be kept clean and in good repair.
  • The design, furnishings and equipment of the retail stores must be consistent with the respective brand image of the Just4motion brand portfolio, which Just4motion may determine in its sole discretion.


Customer service

All retailers must meet at least the following standards:

  • During normal business hours, sales personnel are available who have the appropriate knowledge to adequately inform consumers about products from the brands in the Just4motion brand portfolio.
  • Compliance with Just4motion's limited warranty and all statutory warranty obligations.
  • Compliance with all applicable laws regarding a purchase cancellation or return of purchased items.


General guidelines for merchants with online stores

Just4motion believes that clear and unambiguous guidelines for online sales help to maintain a high level of brand image and customer experience with regard to the brands from the Just4motion portfolio. All Just4motion dealers who sell, promote and market products from the Just4motion portfolio to end customers via the Internet must adhere to these guidelines.

Just4motion is entitled to change these guidelines at its own discretion and at any time. These online guidelines are an addition to the general terms and conditions of Just4motion and are recognized as such by all parties concerned.

Just4motion AG may review any website used by a Online retailer at any time to confirm compliance with these guidelines. If Just4motion determines that the presence of its products on a particular website is potentially damaging to the reputation or brand image of the brands carried by Just4motion, Just4motion may require that the Online retailer immediately cease selling products from Just4motion's portfolio on that website.

Third-party platforms and marketplaces

  • Any Online retailer selling products from the Just4motion portfolio on marketplaces or platforms must disclose its identity to consumers before completing the sales transaction.
  • Online retailer may not sell products from the Just4motion portfolio on marketplaces or platforms that allow consumers to buy products in an auction. (Ricardo, Ebay, Tutti etc.) 
  • Just4motion reserves the right to segment and limit its brand and product lines that Online retailer may sell on third party marketplaces or platforms.
  • According to the Terms & conditions , our customers are obliged not to sell the products supplied by us through marketplaces such as Galaxus, Decathlon, Manor, etc.


Sales promotion and communication

  • Online retailer shall publish on their websites detailed and accurate product descriptions and specifications for products from the Just4motion portfolio.
  • All texts of an authorized website must be written at a native level with regard to all language variants offered.
  • Just4motion AG reserves the right to segment and limit its brand and product lines that Online retailer may sell on third party marketplaces or platforms.
  • The offered Just4motion branded products must match the main product groups listed.
  • Online retailer may not use any aggressive advertising practices that could affect the image of the brands from the Just4motion portfolio, such as visibly crossing out prices or wording such as "stock clearance", "bargain prices", etc. This is not intended to influence the resale price. Each Online retailer may set its resale prices at its own discretion.
  • The official and current brand logos must be published by Online retailer on its website.


Technical standards

  • All websites used by online merchants must meet the following minimum standards:
  • They must have industry-standard features and functionality and, in particular, display the availability and unavailability of a product from the Just4motion portfolio at the time the consumer places the order, accept all industry-standard payment methods, allow shipping in customary time frames with various delivery options, and provide an order number to enable tracking of the order.
  • They must be compatible with the latest versions of industry-standard Internet browsers and play out cleanly on popular devices (e.g., mobile responsive capability).
  • You must use technologies such as SSL to ensure the protection of confidential and personally identifiable consumer information in an industry standard manner and in accordance with applicable laws.
  • They have an up-to-date privacy policy and collect, respectively use, consumer data in accordance with industry best practices and applicable law.
  • Product images must be of a high quality standard so that the products are clearly visible on them.

Customer service

  • All Online retailer must meet at least the following standards:
  • The home page of each authorized website must list a phone number and email address where the provider's customer service can be reached.
  • During normal business hours, customer service representatives must be available who have adequate product knowledge of the brands in the Just4motion portfolio.
  • Compliance with all applicable laws regarding cancellation of purchase or return of purchased items.

Transmission

Rights and/or obligations from individual contracts (deliveries, services) may only be transferred by the customer to third parties with the prior written consent of Just4motion.

Applicable law and place of jurisdiction

21.1. The individual contracts as well as the Terms & conditions are exclusively subject to Swiss law with the express exclusion of state treaty norms, in particular the Vienna UN Convention on the International Sale of Goods.

21.2. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships is Stansstad NW.

Final provisions

22.1. Just4motion reserves the right to modify the Terms & conditions's at any time.

22.2. Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the Terms & conditions's as a whole. Instead of the invalid provision, the relevant statutory provisions shall apply.