Terms of Service
General Terms and Conditions Innovum Handels GmbH Fehraltorf
1. Introduction
These General Terms and Conditions (hereinafter "GTC") of Innovum Handels GmbH (hereinafter "Innovum") apply to all services and products (hereinafter "Products") from Innovum. Any natural or legal person who maintains business relationships with Innovum is referred to as a customer.
These General Terms and Conditions (hereinafter "GTC") of Innovum Handels GmbH (hereinafter "Innovum") apply to all services and products (hereinafter "Products") from Innovum. Any natural or legal person who maintains business relationships with Innovum is referred to as a customer.
2. Distribution Rights
Innovum Handels GmbH is the official sales partner of the Babolat VS brand for the whole of Switzerland and represents its rights.
Innovum Handels GmbH is the official sales partner of the Babolat VS brand for the whole of Switzerland and represents its rights.
3. Scope
The terms and conditions apply to all products or services offered by Innovum. Sales and delivery are only made in accordance with Innovum's terms and conditions. Conditions of the customer that contradict or deviate from these GTC will not be recognized unless Innovum has expressly agreed to their validity in writing. A written version can be obtained from Innovum.
4. Services of Innovum Handels GmbH
Innovum provides its services professionally and carefully in accordance with these terms and conditions and the other contractual provisions. Innovum strives to offer its customers the highest quality products.
5. No guarantee for product information and availability and guarantee information
Innovum always endeavors to provide customers with the best possible information and education about the products and services offered. Some of this information is obtained directly from the manufacturers and is compiled by Innovum for customers in a clear and customer-friendly manner. Any information about products, services, guarantee conditions and guarantee duration, which are published by Innovum, are therefore without guarantee and should not be understood as an assurance. In particular, no liability can be assumed for the correctness, completeness and topicality of the information.
Innovum attaches great importance to maintaining the availability information carefully and displaying it as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or incorrect inventory data. All information on delivery times is therefore not binding and without guarantee and can change at any time and without notice. In addition, delivery can become completely impossible if a product can no longer be manufactured or delivered. In this case, delivery is impossible (subsequent condition) in accordance with Section 6 of the General Terms and Conditions.
The terms and conditions apply to all products or services offered by Innovum. Sales and delivery are only made in accordance with Innovum's terms and conditions. Conditions of the customer that contradict or deviate from these GTC will not be recognized unless Innovum has expressly agreed to their validity in writing. A written version can be obtained from Innovum.
4. Services of Innovum Handels GmbH
Innovum provides its services professionally and carefully in accordance with these terms and conditions and the other contractual provisions. Innovum strives to offer its customers the highest quality products.
5. No guarantee for product information and availability and guarantee information
Innovum always endeavors to provide customers with the best possible information and education about the products and services offered. Some of this information is obtained directly from the manufacturers and is compiled by Innovum for customers in a clear and customer-friendly manner. Any information about products, services, guarantee conditions and guarantee duration, which are published by Innovum, are therefore without guarantee and should not be understood as an assurance. In particular, no liability can be assumed for the correctness, completeness and topicality of the information.
Innovum attaches great importance to maintaining the availability information carefully and displaying it as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or incorrect inventory data. All information on delivery times is therefore not binding and without guarantee and can change at any time and without notice. In addition, delivery can become completely impossible if a product can no longer be manufactured or delivered. In this case, delivery is impossible (subsequent condition) in accordance with Section 6 of the General Terms and Conditions.
4. Services of Innovum Handels GmbH
Innovum provides its services professionally and carefully in accordance with these terms and conditions and the other contractual provisions. Innovum strives to offer its customers the highest quality products.
Innovum provides its services professionally and carefully in accordance with these terms and conditions and the other contractual provisions. Innovum strives to offer its customers the highest quality products.
5. No guarantee for product information and availability and guarantee information
Innovum always endeavors to provide customers with the best possible information and education about the products and services offered. Some of this information is obtained directly from the manufacturers and is compiled by Innovum for customers in a clear and customer-friendly manner. Any information about products, services, guarantee conditions and guarantee duration, which are published by Innovum, are therefore without guarantee and should not be understood as an assurance. In particular, no liability can be assumed for the correctness, completeness and topicality of the information.
Innovum attaches great importance to maintaining the availability information carefully and displaying it as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or incorrect inventory data. All information on delivery times is therefore not binding and without guarantee and can change at any time and without notice. In addition, delivery can become completely impossible if a product can no longer be manufactured or delivered. In this case, delivery is impossible (subsequent condition) in accordance with Section 6 of the General Terms and Conditions.
Innovum always endeavors to provide customers with the best possible information and education about the products and services offered. Some of this information is obtained directly from the manufacturers and is compiled by Innovum for customers in a clear and customer-friendly manner. Any information about products, services, guarantee conditions and guarantee duration, which are published by Innovum, are therefore without guarantee and should not be understood as an assurance. In particular, no liability can be assumed for the correctness, completeness and topicality of the information.
Innovum attaches great importance to maintaining the availability information carefully and displaying it as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or incorrect inventory data. All information on delivery times is therefore not binding and without guarantee and can change at any time and without notice. In addition, delivery can become completely impossible if a product can no longer be manufactured or delivered. In this case, delivery is impossible (subsequent condition) in accordance with Section 6 of the General Terms and Conditions.
6. Pricing
All prices are in Swiss Francs including 7.7% VAT (in B2B trading relationships, the prices are exclusive of 7.7% VAT)
All prices are in Swiss Francs including 7.7% VAT (in B2B trading relationships, the prices are exclusive of 7.7% VAT)
7. Conclusion of a contract
The products, services and prices that are published in the Babolat B2C portal are deemed to be offers. However, this offer is always subject to the (resolving) condition of an inability to deliver or an incorrect price indication (on the part of the manufacturer or Innovum).
The contract is concluded as soon as the customer places his order via the online shop, in the store, by phone or email. The arrival of the order for an online order is indicated to the customer by means of an automatically generated order confirmation by email. The receipt of the automatically generated order confirmation does not contain any assurance that the product is actually available or can be delivered. It only indicates to the customer that the order placed has been received by Innovum and thus the contract has come into being, which is subject to the subsequent condition of non-delivery.
If one of the above (dissolving) conditions occurs, the contract will be dissolved immediately and without the involvement of the parties. The customer will be informed about this immediately. If the product has already been handed over, ownership automatically reverts to Innovum and the customer is obliged to repay (with the repayment of the price paid by Innovum). If the product has not yet been handed over, the customer is neither obliged to pay the purchase price nor to accept it. As a result of such a contract termination, Innovum is not obliged to make a replacement delivery.
The products, services and prices that are published in the Babolat B2C portal are deemed to be offers. However, this offer is always subject to the (resolving) condition of an inability to deliver or an incorrect price indication (on the part of the manufacturer or Innovum).
The contract is concluded as soon as the customer places his order via the online shop, in the store, by phone or email. The arrival of the order for an online order is indicated to the customer by means of an automatically generated order confirmation by email. The receipt of the automatically generated order confirmation does not contain any assurance that the product is actually available or can be delivered. It only indicates to the customer that the order placed has been received by Innovum and thus the contract has come into being, which is subject to the subsequent condition of non-delivery.
If one of the above (dissolving) conditions occurs, the contract will be dissolved immediately and without the involvement of the parties. The customer will be informed about this immediately. If the product has already been handed over, ownership automatically reverts to Innovum and the customer is obliged to repay (with the repayment of the price paid by Innovum). If the product has not yet been handed over, the customer is neither obliged to pay the purchase price nor to accept it. As a result of such a contract termination, Innovum is not obliged to make a replacement delivery.
8. Terms of Payment / Payment Processor
In general, the customer undertakes to pay in advance using the payment options made available. These are processed by Six Payments Services Switzerland. The following payment options are available: TWINT - MAESTRO - VISA - MASTERCARD - DINERS CLUB INTERNATIONAL - DISCOVER.
In general, the customer undertakes to pay in advance using the payment options made available. These are processed by Six Payments Services Switzerland. The following payment options are available: TWINT - MAESTRO - VISA - MASTERCARD - DINERS CLUB INTERNATIONAL - DISCOVER.
9. Retention of title
Products that are delivered to the customer remain the property of Innovum until the purchase price has been paid in full. The customer grants Innovum the right to enter a reservation of title in the reservation of title register.
Products that are delivered to the customer remain the property of Innovum until the purchase price has been paid in full. The customer grants Innovum the right to enter a reservation of title in the reservation of title register.
10. Default in Payment
If the customer does not meet his payment obligations in whole or in part, all outstanding amounts owed under any title are due immediately and all deliveries are suspended. Innovum reserves the right to withdraw. This contract termination comes into force automatically and without prior notice after eight days after Innovum has unsuccessfully sent the customer a request for payment.
Innovum can charge a handling fee of CHF 50.00 from the 3rd reminder and the associated manual effort. Innovum reserves the right to forward debt collection processes to a debt collection agency.
In the event of default in payment by the customer or other breach of contractual obligations or if Innovum becomes aware of circumstances that reduce the customer's creditworthiness, Innovum reserves the right to remove the customer's invoice status.
If the customer does not meet his payment obligations in whole or in part, all outstanding amounts owed under any title are due immediately and all deliveries are suspended. Innovum reserves the right to withdraw. This contract termination comes into force automatically and without prior notice after eight days after Innovum has unsuccessfully sent the customer a request for payment.
Innovum can charge a handling fee of CHF 50.00 from the 3rd reminder and the associated manual effort. Innovum reserves the right to forward debt collection processes to a debt collection agency.
In the event of default in payment by the customer or other breach of contractual obligations or if Innovum becomes aware of circumstances that reduce the customer's creditworthiness, Innovum reserves the right to remove the customer's invoice status.
11. Cancellation and termination of the contract
Orders from Innovum are binding in accordance with Section 6 of the General Terms and Conditions and the customer is obliged to accept the service. Subsequent changes and cancellations are possible in certain cases, but are at Innovum's discretion and can be associated with operational costs (operational compensation of 20% of the order or at least CHF 60.00 as well as the loss in value of the products since they were ordered).
If the customer does not take delivery of the products within two weeks despite the obligation to take delivery, Innovum can dissolve (cancel) the contract and invoice the handling costs according to section 9 of the GTC.
In the event that Innovum is unable to deliver in accordance with Section 6 of the General Terms and Conditions, the customer has the right to withdraw from the contract no earlier than four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, Innovum will reimburse the customer for amounts already paid in advance.
Orders from Innovum are binding in accordance with Section 6 of the General Terms and Conditions and the customer is obliged to accept the service. Subsequent changes and cancellations are possible in certain cases, but are at Innovum's discretion and can be associated with operational costs (operational compensation of 20% of the order or at least CHF 60.00 as well as the loss in value of the products since they were ordered).
If the customer does not take delivery of the products within two weeks despite the obligation to take delivery, Innovum can dissolve (cancel) the contract and invoice the handling costs according to section 9 of the GTC.
In the event that Innovum is unable to deliver in accordance with Section 6 of the General Terms and Conditions, the customer has the right to withdraw from the contract no earlier than four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, Innovum will reimburse the customer for amounts already paid in advance.
12. Exchange and return
The exchange and the return of products are possible within 10 days. The price originally paid is the price basis for all returns and exchanges. Products that have been specially ordered for the customer and / or specially adapted to his needs (e.g. a new racket) cannot be returned or exchanged. Returns are only accepted with the completed return form.
The exchange and the return of products are possible within 10 days. The price originally paid is the price basis for all returns and exchanges. Products that have been specially ordered for the customer and / or specially adapted to his needs (e.g. a new racket) cannot be returned or exchanged. Returns are only accepted with the completed return form.
13. Delivery
Delivered or picked up goods must be checked immediately for correctness, completeness and intactness. Any errors or damage (visible as well as hidden) must be reported to Innovum immediately after detection, but at the latest within 7 calendar days of receipt of the shipment. For the further procedure of claims processing, the shipment must be kept in the delivery condition and the product must not be put into operation.
When the goods are delivered by a parcel service, the customer confirms the visual integrity of the delivery with his signature, unless a reservation is noted. In this case, Innovum cannot accept any liability for visible transport damage. This does not apply to hidden defects.
All deliveries by Innovum are basically ex warehouse in Fehraltorf (flat rate shipping per package up to 20 kg, CHF 9.50, postage-free from a net order value of CHF 99). Innovum reserves the right to charge the additional delivery costs for bulky goods such as tennis balls.
Delivered or picked up goods must be checked immediately for correctness, completeness and intactness. Any errors or damage (visible as well as hidden) must be reported to Innovum immediately after detection, but at the latest within 7 calendar days of receipt of the shipment. For the further procedure of claims processing, the shipment must be kept in the delivery condition and the product must not be put into operation.
When the goods are delivered by a parcel service, the customer confirms the visual integrity of the delivery with his signature, unless a reservation is noted. In this case, Innovum cannot accept any liability for visible transport damage. This does not apply to hidden defects.
All deliveries by Innovum are basically ex warehouse in Fehraltorf (flat rate shipping per package up to 20 kg, CHF 9.50, postage-free from a net order value of CHF 99). Innovum reserves the right to charge the additional delivery costs for bulky goods such as tennis balls.
14. Returns of goods
If the customer wishes to return goods to Innovum, this will be done at the customer's expense and risk to the return location announced by Innovum. Returns of goods will only be accepted and processed with a completed return form. The products must be sent in with all accessories in the original packaging and properly packaged. Returns that cannot be assigned to the sender are kept for 3 months and then disposed of.
If the customer wishes to return goods to Innovum, this will be done at the customer's expense and risk to the return location announced by Innovum. Returns of goods will only be accepted and processed with a completed return form. The products must be sent in with all accessories in the original packaging and properly packaged. Returns that cannot be assigned to the sender are kept for 3 months and then disposed of.
15. Service and warranty
Since Innovum does not manufacture the products sold itself, it has no influence on the functionality of the products or the manufacturer's guarantees. The manufacturer's guarantee conditions and duration always apply.
In the event of a warranty claim, the manufacturers provide for a repair, an exchange with an equivalent product or a remuneration in the amount of the current value, but no more than the purchase value of the product. In any case, the decision rests with the manufacturer. The customer has no right to change or reduction.
A guarantee can only be provided if there are no grounds for exclusion such as damage due to incorrect manipulation or mechanical damage. This includes, for example, damage caused by natural forces, moisture damage, fall and impact damage, excessive wear and tear and defects as a result of interventions or modifications.
Products marked as "demo models" in the shop are demonstration items, i.e. items with slight optical defects or products that have been repaired and that are sold at a reduced price. These optical defects are excluded from the guarantee. With regard to functionality and usability, the normal warranty conditions apply.
If the manufacturer or service partner charges costs for repairs outside of the warranty, these will be borne by the customer. In the case of devices that do not show any detectable defects or the defect is not covered by the manufacturer's guarantee, Innovum or the manufacturer can pass on the costs for testing and shipping to the customer.
The guarantee exchange or the guarantee repair does not lead to an extension of the original guarantee period.
Innovum can provide the customer with an advance guarantee for the product. This advance exchange, which is exclusively at the discretion of Innovum, takes place under the (suspensive) condition that the manufacturer actually assumes the guarantee for the product sent and that there is no reason for exclusion. Thus, the customer only gains ownership of the previously exchanged product at this point.
Since Innovum does not manufacture the products sold itself, it has no influence on the functionality of the products or the manufacturer's guarantees. The manufacturer's guarantee conditions and duration always apply.
In the event of a warranty claim, the manufacturers provide for a repair, an exchange with an equivalent product or a remuneration in the amount of the current value, but no more than the purchase value of the product. In any case, the decision rests with the manufacturer. The customer has no right to change or reduction.
A guarantee can only be provided if there are no grounds for exclusion such as damage due to incorrect manipulation or mechanical damage. This includes, for example, damage caused by natural forces, moisture damage, fall and impact damage, excessive wear and tear and defects as a result of interventions or modifications.
Products marked as "demo models" in the shop are demonstration items, i.e. items with slight optical defects or products that have been repaired and that are sold at a reduced price. These optical defects are excluded from the guarantee. With regard to functionality and usability, the normal warranty conditions apply.
If the manufacturer or service partner charges costs for repairs outside of the warranty, these will be borne by the customer. In the case of devices that do not show any detectable defects or the defect is not covered by the manufacturer's guarantee, Innovum or the manufacturer can pass on the costs for testing and shipping to the customer.
The guarantee exchange or the guarantee repair does not lead to an extension of the original guarantee period.
Innovum can provide the customer with an advance guarantee for the product. This advance exchange, which is exclusively at the discretion of Innovum, takes place under the (suspensive) condition that the manufacturer actually assumes the guarantee for the product sent and that there is no reason for exclusion. Thus, the customer only gains ownership of the previously exchanged product at this point.
16. Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are, unless there is intentional or grossly negligent action, against Innovum and against the vicarious agents of Innovum completely excluded. Liability for indirect damage and consequential damage resulting from use, incorrect performance or loss of performance is excluded.
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are, unless there is intentional or grossly negligent action, against Innovum and against the vicarious agents of Innovum completely excluded. Liability for indirect damage and consequential damage resulting from use, incorrect performance or loss of performance is excluded.
17. Place of jurisdiction and applicable law
The place of jurisdiction for all disputes with Innovum is - subject to deviating mandatory places of jurisdiction under federal law - Zurich. The contract is subject to Swiss law (excluding the UN Sales Convention (CISG)).
The place of jurisdiction for all disputes with Innovum is - subject to deviating mandatory places of jurisdiction under federal law - Zurich. The contract is subject to Swiss law (excluding the UN Sales Convention (CISG)).
18. Copyright Notice
These terms and conditions are protected by copyright. The exclusive right of use belongs to Innovum. Any duplication, distribution or other use is prohibited / only permitted with the express written consent of Innovum. In particular, the use of these terms and conditions in unchanged as well as modified form for one's own commercial purposes is prohibited / inadmissible and will be prosecuted under civil law.
These terms and conditions are protected by copyright. The exclusive right of use belongs to Innovum. Any duplication, distribution or other use is prohibited / only permitted with the express written consent of Innovum. In particular, the use of these terms and conditions in unchanged as well as modified form for one's own commercial purposes is prohibited / inadmissible and will be prosecuted under civil law.
Fehraltorf, February 2021
