Terms & Conditions

1. Provider

Swissreform GmbH
Binzmühlestrasse 191
8050 Zurich
Switzerland
Email: service@swissreform.com

2. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between Swissreform GmbH and its customers for the sale of hardware, in particular all-in-one touchscreen PCs for Reformer Pilates studios, as well as for the use of the associated app and related services.

Deviating agreements are only binding if they have been expressly confirmed in writing by Swissreform GmbH.

3. Offer and Conclusion of Contract

The presentation of products, software, prices, and services on the website, in offers, product documentation, or other information does not constitute a binding offer, but rather an invitation to place an order or make an inquiry.

A contract is concluded through:

• written order confirmation by Swissreform GmbH,

• acceptance of an offer by the customer,

• or delivery of the hardware or activation of app access.

The customer is obligated to provide complete and truthful information when placing an order or making an inquiry.

4. Subject Matter of the Contract

Swissreform GmbH offers, in particular, the following services:

• sale of all-in-one touchscreen PCs

• provision of an app used on the hardware or as a supplement

• granting of usage rights to the app within the framework of a paid annual subscription

• any support, update, training, installation, or additional services as per individual agreement

The specific scope of services is defined in the respective offer, order confirmation, order, or individual agreement.

5. Prices

Unless otherwise stated, all prices are in Swiss francs (CHF).

Where applicable, prices include statutory value-added tax. Any shipping, delivery, installation, training, or additional costs will be itemized separately.

The annual price agreed upon at the time of contract conclusion applies to the app. App access is provided as part of a paid annual subscription.

For electronic commerce, the essential contractual elements and the actual price payable must be clearly identifiable.

6. Payment Terms

Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date without deduction.

Swissreform GmbH is entitled to demand prepayment, partial payment, or payment before delivery of the hardware or activation of the app subscription.

In the event of late payment, Swissreform GmbH is entitled to:

• charge reminder fees,

• demand default interest to the extent permitted by law,

• withhold deliveries or services,

• and temporarily block access to the app after prior notice, insofar as this is legally permissible.

7. Hardware Delivery

Delivery dates and deadlines are only binding if they have been expressly confirmed in writing.

Delivery will be made to the delivery address specified by the customer.

Partial deliveries are permitted to the extent that they are reasonable for the customer.

Delays due to force majeure, official orders, supply bottlenecks, transport interruptions, technical problems, or other circumstances beyond the control of Swissreform GmbH do not entitle the customer to claims for damages, to the extent permitted by law.

8. Retention of Title

The delivered hardware remains the property of Swissreform GmbH until full payment has been received.

Swissreform GmbH is entitled to register a retention of title in accordance with legal requirements, insofar as this is necessary or expedient.

9. Inspection, Notification of Defects, and Warranty for Hardware

The customer must inspect the delivered hardware as soon as possible after receipt and notify Swissreform GmbH in writing of any recognizable defects without delay.

Defects discovered later must be reported in writing immediately upon discovery.

Under Swiss sales law, the purchased item must be inspected upon receipt; any visible defects must be reported immediately, otherwise the item is generally considered accepted. For claims arising from defects in movable goods, the law generally provides for a two-year limitation period.

To the extent permitted by law, Swissreform GmbH will initially provide a warranty at its own discretion through:

• repair,

• replacement,

• or an appropriate price reduction.

The warranty specifically excludes defects resulting from:

• improper or unintended use,

• unauthorized modifications or alterations,

• external influences,

• use of unsuitable third-party components,

• normal wear and tear,

• faulty operation by the customer or third parties.

10.Software and App License

Upon conclusion of a valid app agreement, the customer receives a non-exclusive, non-transferable right, limited to the contract duration, to use the app to the extent contractually agreed.

The software itself is not sold, but licensed for use.

Without the express written consent of Swissreform GmbH, the customer is specifically prohibited from:
• reproducing the software, unless technically necessary;
• editing, modifying, or creating derivative works from the software;
• reverse engineering, decompiling, or disassembling the software, unless expressly permitted by law;
• granting sublicenses or disclosing access data to unauthorized third parties.

11.App Subscription, Term, and Termination

The app subscription begins on the agreed start date or upon activation.

Unless otherwise agreed, the app subscription is concluded with a fixed contract term of 12 months.

Ordinary termination is possible for the first time at the end of the respective 12-month contract term. Termination must be submitted in writing or in the contractually agreed form at least 30 days before the end of the current contract term.

If termination is not received in due time, the subscription will automatically renew for a further 12 months.

Fees already paid will not be refunded unless mandatory law requires otherwise.

Since there is no general statutory right of withdrawal for standard online contracts in Switzerland, the contract term, renewal period, and notice period should be clearly defined.

12.Suspension and Extraordinary Termination

Swissreform GmbH is entitled to temporarily suspend access to the app or individual functions or to terminate the contract extraordinarily for good cause, in particular if:
• the customer is in default of payment,
• the software is used abusively or in breach of contract,
• there are significant breaches of contract,
• security or system risks necessitate this.

13.Availability, Maintenance, and Updates

Swissreform GmbH strives for the highest possible availability of the app but does not guarantee uninterrupted and error-free availability at all times.

Maintenance work, updates, further development, security measures, or disruptions at third-party providers may lead to temporary interruptions.

Swissreform GmbH is entitled to further develop the app, adapt or modify its functions, provided that the essential purpose of the contract is not unreasonably impaired for the customer.

14.Customer Obligations

The customer is obligated to use the hardware and app properly and to perform all reasonable acts of cooperation.

Access data must be kept confidential and protected from unauthorized access.

The customer is solely responsible for the content and data they enter, manage, or process.

15.Intellectual Property Rights

All rights to the software, content, trademarks, logos, concepts, documentation, designs, texts, images, and other materials remain with Swissreform GmbH or the respective rights holders, unless expressly agreed otherwise in writing.

Use outside the contractually agreed scope is not permitted without the prior written consent of Swissreform GmbH.

16.Liability

Swissreform GmbH is liable for direct damages caused by intentional or grossly negligent conduct.

To the extent permitted by law, liability for slight negligence, indirect damages, consequential damages, lost profits, business interruption, data loss, and third-party claims is excluded.

Furthermore, to the extent permitted by law, Swissreform GmbH is not liable for:

• Failures of internet, hosting, cloud, or payment service providers,
• Technical incompatibilities outside the agreed system,
• Malfunctions due to improper use of the hardware or software,
• Content or actions of third parties.

17.Data Protection

Swissreform GmbH processes personal data in accordance with applicable data protection law.

Details regarding the processing of personal data can be found in the separate data protection declaration on the website.

18.No General Right of Withdrawal

Unless expressly agreed otherwise in writing, there is no general contractual right of withdrawal or return.

According to information from the Federal Office of Civil Protection and Disaster Assistance (BBK), there is no general right of withdrawal in Switzerland; a right of withdrawal applies only in certain legally regulated exceptional cases.

19.Changes to Services and Terms and Conditions

Swissreform GmbH is entitled to amend its services and these Terms and Conditions at any time, provided that this does not unduly impair existing contractual obligations.

For contracts already concluded, the version agreed upon at the time of contract conclusion generally applies, unless expressly agreed otherwise.

20.Final Provisions

Swiss law applies exclusively, excluding conflict of laws rules.

To the extent legally permissible, the place of jurisdiction is Zurich, Switzerland.

Should any provision of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.