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Terms and Conditions - General Terms and Conditions

Agreement between:

CrossFit Thun (CFT) and the member (MG). Both parties agree as follows:

1. Membership - The MG is entitled to use the facility (training rooms, equipment, wet area, cloakroom, etc.) during the published opening hours. The subscriptions are fixed for the agreed duration and are not automatically renewed. The MG undertakes to pay the agreed contributions on time within 30 days. In the event of default, CFT can block or cancel the subscription without justification. CFT reserves the right to change and adjust all prices without notice. Subscriptions that have already been taken out are not affected by price changes. Membership is personal and non-transferrable and inheritable.

2. Submit subscription - In the case of pregnancy, illness, vacation abroad or similar from 14 days, this must be documented by means of a certificate and will be credited to the current subscription. Contributions already paid will not be refunded.

3. Damages - The MG, guest MG or their dependent children are liable for any damage caused to the CFT equipment and property as a result of intentional or negligent conduct.

4. Cancellation of Membership by MG - Only annual subscriptions will be refunded. A MG can terminate membership if they leave the canton, if they become pregnant or if they suffer a physical disability that prevents them from using the facility for more than six months. The cancellation must be based on a written confirmation of the new place of residence or a medical certificate. The amount already paid will be refunded under the following conditions:

80% of the subscription price in the 1st month
60% of the subscription price in the 2nd month
50% of the subscription price in the 3rd month
30% of the subscription price in the 4th month
20% of the subscription price in the 5th month
10% of the subscription price in the 6th month
No refund claim
from the 7th month

5. Valuables - CFT accepts no responsibility for items brought in
items. We are not responsible for lost or stolen items. Found items that are not picked up after 3 months will be donated to charity.

6. Smoking, Eating and Drinking - Smoking is prohibited in any part of the facility. Food and beverages can be consumed in the training areas provided the facility is not soiled. Bans can be imposed at any time.

7. Min. Age - Members under the age of 18 may only attend training with a signed contract and consent from a parent or legal guardian. Any liability is rejected.

8. Rules and Regulations - The MG must follow the rules and regulations of CFT. Failure to comply may result in CFT terminating membership immediately. In this case, there is no right to a refund. Not all rules and regulations are listed in this contract. CFT reserves the right to add, change or remove rules, regulations, terms of membership, opening and closing hours and any facility services.

9. Use of Photography and Video - CFT, its agents and employees have the right to take photos or video of MG and MG Property before, during or after the training or event. CFT is authorized to publish these photos or videos in print and/or in electronic form. CFT may use such MG photos for any lawful purpose including, for example, purposes such as: advertising, illustrations and CFT web content such as: Team APP, Homepage, Facebook, Twitter, Google+, Instagram, Youtube, etc. If not desired, is the member is obliged to inform the coach of this before the start of each training session. In this case, it is ensured that it will not be recorded. Personal data is collected in a separate database, treated confidentially and only used for internal business purposes.

10. Video surveillance - The member declares that he/she recognizes the video surveillance notice posted in the studio and the data protection declaration.
CrossFit Thun uses video surveillance to monitor the publicly accessible entrance area in compliance with data protection regulations in order to increase the security and protection of CrossFit Thun customers and their property, the security and protection of the CrossFit Thun premises and to ensure that no unauthorized persons be brought to the booked training. Data is automatically deleted after 72 hours in accordance with data protection.

11. Risk Disclosure - I, the undersigned, am aware and aware that there are serious risks associated with physical exercise. These risks include, but are not limited to: Falls resulting in injury caused by my own carelessness, my training partner or a third party. Injuries as a result of a lack of or faulty personal training equipment (clothing, shoes, personal sports materials) or incorrect handling, e.g. Suspend courses or training conducted by CFT or third parties.

12. Miscellaneous - The General Terms and Conditions are subject to Swiss law and represent the entire agreement between the parties. The place of jurisdiction for both parties is the current seat of CFT. All previous written or verbal agreements are hereby superseded. MG or legal guardian voluntarily signs and certifies that MG is mentally competent to enter into this Agreement.

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Terms and Conditions: SHOP


§ 1 Scope

http://www.crossfitthun.com   sells the goods through the online shop under the terms of sale set out below. All agreements that are made between us and the buyer for the purpose of executing the purchase contract are laid down in this.

Our terms of sale apply exclusively. We only recognize conflicting terms and conditions of the buyer that deviate from our terms of sale with our express consent.

We reserve the right to refuse orders.


§ 2 Orders

The order placed by the buyer is a binding offer.
We are entitled to reject this offer without giving reasons.
The confirmation e-mail contains further detailed information on the buyer's options in the event of revocation.


§ 3 Terms of payment and prices

All prices shown in the online shop are gross prices. The prices do not include shipping costs. A flat rate of CHF 10 will be charged for shipping and packaging.

If an order is picked up, there are no shipping costs.

Before submitting an order, a detailed cost overview is displayed.
After submitting an order, you will receive an automatically generated confirmation e-mail with all order details to the e-mail address you provided.

Payment in advance:

Payment is due immediately upon receipt of the confirmation email. Any expenses must be borne by the customer.

Payment via PayPal:

The payment must be completed during the ordering process. Any expenses or possible currency conversions and their differences to Swiss francs must be borne by the customer. A surcharge of 5% of the product value without shipping costs will be charged to cover the expenses incurred.


§ 4 Contract termination

If the buyer fails to meet any of his obligations, in whole or in part, all deliveries will be suspended. If the buyer is at fault, the costs and the risk of a reversal are borne by the buyer. Further claims for damages are reserved.


§ 5 Delivery

Information about the delivery period is non-binding, unless the delivery date has been promised as an exception. Unless otherwise agreed, delivery will be made from the warehouse to the delivery address specified by the buyer. The risk passes to the buyer as soon as the delivery has been handed over to him. Up to this point, the goods are insured by Swiss Post for a maximum of 500.00 (for delivery in Switzerland).

The delivery is made by the respective domestic post office. In the event of late delivery, our obligation to pay compensation is limited to taking back the goods that were delivered late free of charge. If circumstances occur for which we are not responsible (e.g. force majeure, strike or non-delivery by our suppliers), we are free to postpone delivery for the time of the hindrance or to cancel the contracts in whole or in part. The buyer will be informed accordingly.

A purchase price that has already been paid will be refunded by us in the event of non-delivery. Claims for damages due to late delivery/non-delivery are excluded.

Compliance with our delivery obligation presupposes the timely and proper fulfillment of the buyer's obligations.

By accepting these General Terms and Conditions, the buyer confirms that he will not use the purchased items in an illegal manner.


§ 6 goods inspection

The buyer must check the goods for completeness upon receipt. In the event of externally visible damage, this must be certified by the carrier if possible.

Complaints about incomplete/incorrect delivery or obvious defects must be sent to us immediately.


§ 7 Warranty for Defects

The processing modalities regarding the warranty/guarantee must be clarified with us in advance; in particular, there is no right to return the defective goods to us freight collect without consultation.

If there is a defect in the purchased item for which we are responsible, we are entitled to choose between remedying the defect or making a replacement delivery.
If the rectification of defects/replacement delivery fails twice, the buyer is entitled to demand rescission (cancellation of the contract).
Damage caused by improper use or natural wear and tear is at the expense of the buyer. The confirmation of contract, including the proof of payment, serves as proof of guarantee for the buyer. There is no further guarantee.
This warranty period also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted; the statutory limitation period applies to these.


§ 8 Joint Liability

Any further liability for damages than that provided for in Section 7 is excluded. This also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.


§ 9 Retention of title

We reserve ownership of the delivered goods until the buyer has paid the purchase price for all goods from a complete order in full.


§ 10 Right of Withdrawal

The buyer has a right of withdrawal within two weeks after receipt of the delivery. The right of withdrawal can be exercised in writing or by returning the goods within two weeks of receipt of the shipment and does not require any justification. You are then no longer bound to the order. In both cases, the buyer is absolutely obliged to return the goods. The delivered goods must be in the condition in which the buyer received them. The return must be sent to our address (at the end of these terms and conditions) and with sufficient packaging quality. This is best guaranteed if the buyer uses packaging that corresponds to ours. Postage is at the expense of the buyer. Unfree returns will not be accepted by us. Any risk of the shipment then lies with the buyer. Please enclose a corresponding payment slip or the postal account or bank details.



§ 11 Final Provisions

11.1. Arbitration/Jurisdiction/Governing Law
If disputes between the buyer and us cannot be resolved in an amicable manner, the law of the buyer's domicile in Switzerland shall apply.

11.2. Severability Clause
If individual provisions are or become invalid, this does not affect the legal validity of the remaining provisions of these General Terms and Conditions. We reserve the right to change the terms and conditions at any time. For the respective purchase transaction, those General Terms and Conditions are applicable in the validity period of which the corresponding purchase transaction was concluded.

CrossFit Thun
Seestrasse 14
3600 tuna
0041 79 155 60 14
info@crossfitthun.com

 

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Website owner, the offer and binding of terms and conditions


This website is owned and operated by [name of your website operator]. These terms set out the terms on which you may use our website and services as offered by us. This website offers visitors [description of what is offered on your website]. By accessing or using our Service's website, you agree that you have read, understood, and agree to be bound by these Terms.

Who can use your website? What are the requirements to create an account?

In order to use our website and/or obtain our services, you must be at least [age] years of age or of legal drinking age in your jurisdiction and have the legal authority, right and freedom to enter into this binding agreement. You are not authorized to use this website and/or receive any services if doing so is prohibited in your country or under any law or regulation that applies to you. 

Adolescents under the age of 18 require a declaration of consent from the legal guardian.

Important commercial conditions offered to the customer


By purchasing an item, you agree that (i) you are responsible for reading the full listing of items before committing to purchase: (ii) you are entering into a legally binding contract to purchase an item if you commit to purchase an item and complete the payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for displayed products at any time and to correct any price deviations that may have occurred. See the payment page for more information on pricing and sales tax.

"Fees for the Services, as well as any other fees related to your use of the Service, such as taxes and possible transaction fees, will be charged monthly to your payment method. 

Return and Refund Policy


Any undamaged product can be exchanged or refunded based on the original method of payment within 14 days from the date you received the product, with the accessories and packaging that came with it, and the original receipt (or gift receipt). In addition, please note that: (i) Products can only be returned to the country in which they were originally purchased; (ii)  The following products cannot be returned : -

We reserve the right to change the offer


We reserve the right to change services without notice; not to continue to offer the service itself or parts of it, as well as to create restrictions. We may terminate or suspend access to the Services, permanently or temporarily, without notice and liability for any reason or no reason. 

Guarantees and responsibility for services and products


If we receive a valid warranty claim for a product purchased from us, we will repair the relevant defect or replace the product. If we are unable to repair the product or replace it within a reasonable time, the customer will be entitled to a full refund upon prompt return of the product. We will pay for the shipping of repaired or replaced products to the customer; the customer is responsible for returning the product to us.

Intellectual Property, Copyrights and Logos


The Service and all materials contained or transmitted therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and all related intellectual property rights are the exclusive property by [name of site owner]. Except as expressly provided herein, nothing in these Terms shall be construed as a license to or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, share, adapt, edit, or create derivative works from it. 

Right to block or delete the user account

Example:
We may terminate or suspend your access to the Service, permanently or temporarily, without notice and liability for any reason, including if, in our sole determination, you fail to comply with any provision of these Terms or any applicable law or regulation. You can stop using it at any time and request that you cancel your account and/or services. Notwithstanding anything to the contrary set forth above, with respect to auto-renewing subscriptions for Paid Services, such subscriptions will only be terminated after the expiration of the relevant period for which you have already made payment.

damages


You agree to hold the Website owner harmless from any claim, loss, liability, other claim or expense (including attorneys' fees) that any third party may have against you arising out of or arising out of or in connection with your use of the Website or any of the services offered on the Website raise, protect against damage and lawsuits.

Limitation of Liability


To the fullest extent permitted by law, in no event shall Website Owner be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use and data or other intangible loss, arising out of or in connection with the use or inability to use the Service

To the fullest extent permitted by law, [Website Owner] shall have no liability or responsibility for (i) any problems, errors or inaccuracies in the Content; (ii) any personal injury or property damage of any kind resulting from your access to or use of our Service; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored thereon.

The right to change and adjust terms


We reserve the right, in our sole discretion, to change these Terms from time to time. You should therefore check this page regularly. If we change the Terms in a material way, we will notify you that material changes have been made to the Terms. Your continued use of the Site or our Service following any such change constitutes your acceptance of the new Terms of Service. If you do not agree to these Terms or any future version of the Terms, do not use or access (or access) this Site or the Service do not continue this one).

Promotional Emails and Content


You agree to receive marketing messages and materials from us from time to time by post, email or any other contact form you provide to us (including your phone number for calling or texting). If you do not wish to receive such promotional materials or notices, please let us know immediately.

Priority to Law and Dispute Resolution


These Terms, the rights and remedies granted hereunder, and any claim and dispute related thereto and/or the Services shall be governed solely in accordance with the internal substantive law of [name of country/state/province], without regard to conflict of law principles. All such claims and disputes must be brought and you hereby agree that they will be decided exclusively by a court of competent jurisdiction located in [name of city of courts]. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

Customer support details and contact information

info@crossfitthun.com

0041 79 155 60 14

CrossFit Thun

Seestrasse 14

3600 tuna

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