Terms of service

General terms and conditions of UMA PERFORMANCE GMBH

1. SCOPE AND GENERAL CONDITIONS

These general terms and conditions apply to all purchases from UMA Performance GmbH (hereinafter referred to as “UMA”).

The online product offers (hereinafter referred to as “products”) are only valid as long as they are visible on the website and while stocks last. The images shown on the website are for illustration purposes only and are non-binding.

In the event of obvious pricing errors, UMA can withdraw from the legal transaction without incurring any costs.

Delivery only takes place to delivery addresses within Switzerland and the EU (hereinafter referred to as the delivery area).

2. OFFER AND CONCLUSION OF CONTRACT

The presentation of the products on [UMA website] does not constitute a legally binding offer, but rather an invitation to the buyer to place a binding order (offer to conclude a contract).

Orders can only be placed in the online shop.

Prices are stated in Swiss francs (CHF) including value added tax (incl. VAT). The information provided by UMA is non-binding and without guarantee. Errors or changes to information and prices, even without prior notice, are reserved. Discounts cannot be cumulated. By clicking on the “Order for a fee” order button, the customer places a binding order for the products listed on the order page.

The purchase contract between UMA and the buyer is concluded when the buyer has placed the binding order and paid the purchase price and UMA confirms the conclusion of the contract by email. After receipt of the buyer's binding order and payment of the purchase price, UMA confirms the conclusion of the contract by email.

3. DELIVERY TERMS

Services and deliveries from UMA are carried out exclusively on the basis of the general terms and conditions at the time the order is received. By submitting the binding order, the buyer accepts the general terms and conditions.

The delivery is usually sent within five working days to the delivery address specified by the customer within the delivery area.

If a delay in delivery is foreseeable, the buyer will be notified. No claim for damages can be derived from a delay in delivery. If not all ordered products are in stock, UMA is entitled to make partial deliveries. The buyer does not incur any additional costs due to partial deliveries.

Offsetting against unrecognized or not legally established counterclaims of the buyer is excluded.

UMA delivers the products free of charge within Switzerland, Lichtenstein and the EU.

The shipping and transport risk is transferred to the buyer when the products are handed over to the logistics partner.

4. DUTY OF INSPECTION, NOTICE OF DEFECTS AND EXCHANGE, RIGHT OF WITHDRAWAL

The buyer must inspect the products immediately upon receipt and report any defects without delay by sending an email to UMA, if necessary by sending pictures of the products.

The buyer has the right to return a defective product to UMA at his own expense within 14 days of receipt and to receive a defect-free (same) product from UMA in return. This right always only applies to the defective product and not to the entire delivery. After receipt of the defective product, UMA will send the buyer a defect-free (same) product at its own expense.

The buyer has the right to cancel the contract within fourteen days without giving reasons. Entrepreneurs are not granted a voluntary right of withdrawal. The cancellation period is fourteen days from the day on which the buyer takes possession of the products. The right of withdrawal must be exercised before the end of the withdrawal period by means of a clear declaration by email to UMA about the decision to withdraw from the contract.

If the buyer revokes the contract, he must return or hand over the products to UMA at his own expense within fourteen days of the declaration of revocation at the latest. The buyer bears the transport risk. The right of withdrawal can only be validly exercised if the products (including packaging) are returned or handed over to UMA unopened, undamaged and clean.

If the buyer revokes the contract, UMA will reimburse the buyer for the payments received in connection with the contract using the same payment method that the buyer used to conclude the contract. The refund will be made after the products.

5. PAYMENT METHODS

UMA offers the buyer the following payment options:

  • Credit card
  • Debit card
  • Twint
  • PayPal
  • Apple Pay
  • Google Pay

UMA does not charge any additional fees. UMA assumes no liability for the availability of payment options.

6. PRIVACY POLICY

Detailed and current description on the following link: Data protection regulations.

7. COPYRIGHTS

Texts, images, animations, presentations and videos contained in UMA's online shop and on UMA's products and sales documents, as well as their design, are the intellectual property of UMA. All design features, including the design and structure of the website, are protected by copyright and other protective laws. Copying, distributing, modifying or passing on the content to third parties for commercial purposes is not permitted. The use of all content requires the prior written approval of UMA.

8. DISCLAIMER AND LIMITATION OF LIABILITY

UMA points out that due to different case law and interpretations by control bodies in different countries, no guarantee can be given that the advertising texts comply with the law. All texts are written to the best of our knowledge and belief. Publications and formulations from the UMA website are taken over exclusively at your own risk.

UMA's liability for damages due to simple negligence, regardless of the legal basis, is limited as follows:

  • In the event of a breach of essential obligations arising from the contractual relationship, UMA's liability is limited to the amount of damage typically foreseeable at the time the contract was concluded.
  • UMA is not liable for breaches of non-essential obligations arising from the contractual relationship. Essential contractual obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely, and whose violation would, on the other hand, jeopardize the achievement of the purpose of the contract.
  • The aforementioned liability limitations do not apply in cases of mandatory legal liability (in particular under the Product Liability Act). These restrictions also do not apply if damage is the result of injury to health, body or life or the lack of a guaranteed quality of the service.
  • The buyer is obliged to take appropriate measures to prevent and reduce damage.

9. SEVERABILITY

Should individual provisions of these General Terms and Conditions be or become ineffective or unenforceable, this will not affect the legal validity of the remaining provisions. In the event of initial or future invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions, they must be replaced by one or more effective provisions that come as close as possible to the economic intentions and purposes of the invalid provision(s). The same procedure must be followed if one or more gaps in these General Terms and Conditions become apparent.

10. JURISDICTION AND APPLICABLE LAW

The place of jurisdiction and place of performance is UMA’s registered office. It is Swiss substantive law, excluding the Vienna Sales Convention and excluding the Convention on the law applicable to international sales contracts for movable tangible property.

UMA reserves the right to change the general terms and conditions at any time without prior notice.

Version August 2024