The present terms and conditions as well as the associated appendices regulate the relations between bellicon UK, Nickian GmbH (hereinafter referred to as bellicon) and its customers (hereinafter referred to as the Customer) and apply to bellicon on all orders of the Customer. Agreements that deviate from these terms and conditions must be in writing to be valid. These conditions come into force immediately and replace the previous ones.
The placing of orders by the Customer is considered acceptance of these terms and conditions and the corresponding terms of delivery. The orders are exercised as soon as possible, subject to the delivery possibilities. A commitment of bellicon to meet delivery dates is not accepted.
Deliveries are made at the expense and risk of the Customer. Any damage in transit must be recorded in writing on the original delivery note upon receipt (see point 7).
All prices are in British Pounds according to our current price lists. The valid price lists of bellicon, form an integral part of these terms and conditions. Prices include VAT at the relevant legal rate, unless expressly indicated otherwise. Price adjustments are always reserved.
The prices indicated are exclusive of shipping and packaging costs, which are quoted to the Customer prior to submission of the order. The amount of the shipping costs is dependent on the value of the order, the weight and the mode of dispatch, as well as on the desired destination. For details please see the online shop.
For the processing of a VAT refund in the event of subsequent export by the Customer to a third country, a processing fee in the amount of £ 65.00 will be charged.
At the request of the Customer, bellicon makes the delivery to the Customer against advance payment (bank transfer, MasterCard or Visa-Card credit card), COD, direct debit, or by means of PayPal. When the Customer chooses advance payment by bank transfer, payment is due at the latest 1 (one) week after the conclusion of the contract. If a Customer defaults on its payment obligations, the Seller is entitled to demand damages in accordance with the statutory provisions and/or rescind the contract. The following in addition applies to the individual methods of payment:
A) Paypal: To be able to use this method of payment, the Customer must maintain or establish a customer account with PayPal (Europe). The Conditions of Use of PayPal (Europe) apply.
B) Advance bank transfer/advance payment: When payment is made by bank transfer, the Customer is obliged to transfer the amount of the invoice stated in the order confirmation to the following bank account:
Credit Suisse AG
IBAN: CH34 0483 5114 1113 9200 1
The Seller will always issue an invoice to the Customer, which is handed over to the Customer upon delivery of the goods or otherwise sent to him/her in written form (by email or letter).
The ordered goods are delivered to the address specified by the Customer, unless otherwise contractually agreed upon. Delivery is made from the Seller’s warehouse. The Seller reserves the right to make partial delivery, if this is considered expedient for prompt delivery and partial delivery is not exceptionally unreasonable for the Customer. Additional costs resulting from partial deliveries will not be charged to the Customer.
Unless otherwise indicated in the descriptions of the articles in the online shop or the catalogue, the delivery period is 2 weeks from the conclusion of the contract or, in the case of advance payment, 2 weeks from receipt of payment in full.
The risk of accidental perishing and of accidental deterioration of the goods passes to the Customer when the goods are handed over to the Customer. If the Customer is an entrepreneur, the risk of accidental perishing and accidental deterioration of the goods and the risk of delay shall, in the case of a sale by delivery to a place other than the place of performance pass already at the time of delivery of the goods to the forwarding agent, the freight carrier or the person otherwise entrusted with the performance of the dispatch. Claims for damages by the Customer due to delivery delays are inadmissible.
In all cases of force majeure bellicon is released from the adherence to the delivery deadlines, without the Customer having the right to withdraw from the contract and / or to assert claims for damages.
The delivered goods remain the property of the Seller until any and all claims under the contract have been performed in full; in the event that the Customer is a legal person under public law, a public-law special fund or an entrepreneur who exercises its commercial or self-employed professional activity, including additional claims from the current business relationship, until settlement of any and all claims to which the Seller is entitled in connection with the contract.
The Customer shall be entitled to rights of retention only, if his/her counterclaims have become final and absolute (res judicata), are uncontested or have been acknowledged by bellicon. In the event of any defect of the delivered goods, the counterclaims of the Customer shall remain unaffected, in particular his/her right to retain a part of the purchase price that is commensurate with such defect. The Customer shall be entitled to exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship.
The Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
Damage caused by inappropriate handling by the Customer during assembly, connection, operation or storage of the goods however does not give rise to a warranty claim against the Seller.
If goods are delivered with obvious damage to packaging or contents, the Customer should, its warranty rights defined above notwithstanding, immediately lodge a complaint with the forwarding agent/delivery service and contact the Seller without delay by email or any other method (letter) to enable the Seller to assert any rights vis-à-vis the forwarding agent/delivery service. Complaints must be submitted by the Customer in detail within 5 days after receipt of the goods and in written form. Any damage in transit must be recorded in writing on the original delivery note upon receipt. The original delivery note must then be sent to us immediately with written justification. Without this proof any liability will be denied.
bellicon is liable only for direct damage and only if the Customer proves that this was caused by gross negligence on the part of bellicon or third party commissioned by bellicon. The liability is limited to the price of the respective delivery / service. Any further liability of bellicon, its auxiliary persons and third parties commissioned by bellicon for damages of any kind is excluded. In particular, the Customer is in no case entitled to compensation for damages that did not arise on the product itself, such as consequential damages (eg loss of orders, lost profit and other indirect damages) and in the case of death, bodily injury or damage to health.
Any returns are only permitted in the original packaging and must be agreed in advance with a bellicon employee within 5 days of the received goods. In any case, the invoice number and / or delivery note number must be stated. If products are delivered to the address of bellicon without mutually agreed agreement, these goods will be returned at the expense of the Customer.
bellicon provides a 3-year warranty on steel frames and legs and a warranty of 5 years for stainless steel frame and its legs. bellicon provides a warranty of 6 months for private use and 3 months for commercial use on rubber bungee rings. bellicon provides a warranty of 3 years on mats. The bungee rings and mats are moveable parts of the device and are due for renewal or replacement beyond the warranty period based on normal use. The warranty covers a free repair or replacement. Any further claims will be rejected. The guarantee expires if the item is handled improperly.
The Seller reserves the intellectual property rights and copyrights to any and all products, images and other documents provided by it.
The individual contracts as well as the general terms and conditions are exclusively subject to Swiss law with the explicit exclusion of national treaty standards, in particular the Vienna UN. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the competent courts of the domicile of bellicon. bellicon is entitled to resolve any disputes with the Customer at the ordinary place of jurisdiction.
Lucerne, 04. July 2018