Terms and Conditions
General Terms and Conditions (GTC) of Change Gravity, Stephan Rammerstorfer
1. General
The following general terms and conditions (GTC) apply to all business relationships between Change Gravity, Stephan Rammerstorfer, and its customers based in Switzerland. These GTC regulate the sale of products, the provision of services, including tandem flights, coaching, seminars, further training and the delivery of goods. By using our services or purchasing our products, the customer agrees to these GTC. We expressly reserve the right to make changes to these GTC and they apply from the time of publication on our website.
2. Conclusion of contract
2.1. Contract offer by the customer: The contract between Change Gravity and the customer is only concluded upon an express, written confirmation by Change Gravity. By placing an order or booking, the customer makes a binding offer, which is checked by Change Gravity. An automatically generated confirmation of receipt does not constitute acceptance of the contract. 2.2. Confirmation by Change Gravity: The contract only becomes legally binding when Change Gravity confirms the customer’s offer in writing (e.g. by email). Change Gravity reserves the right to reject orders or bookings without giving reasons.
3. Products and delivery
3.1. Product descriptions and availability: Our product descriptions are given to the best of our knowledge. Slight deviations in color, shape or function are possible, provided that they do not significantly affect the suitability of the product. The availability of the products is limited and may be subject to change.3.2. Delivery: Delivery is made either by a shipping service provider or personal delivery. Delivery times are non-binding unless they have been expressly agreed as binding. We are not liable for delivery delays caused by force majeure, delays on the part of the shipping service provider or other unforeseen circumstances. 3.3. Delivery costs: Shipping costs are calculated separately and stated in the order confirmation. These are to be borne by the customer unless expressly agreed otherwise. 3.4. Transfer of risk: The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the shipping service provider or the customer. The goods must be checked for any defects immediately upon receipt, and any defects must be reported to us immediately.
4. Tandem flights, outdoor activities and further training
4.1. Description of services: Tandem flights, outdoor activities and further training are carried out by experienced and qualified people. The exact implementation depends on the weather conditions and other safety-related factors. We reserve the right to cancel or postpone planned activities at short notice due to unforeseen circumstances. 4.2. Requirements: The customer confirms that he or she meets the health and physical requirements for participating in a tandem flight, outdoor activity or further training. The customer must check for any health restrictions before participating and inform us. We accept no liability for health problems that occur during or after participation. 4.3. Exclusion of liability: Our liability is excluded to the extent permitted by law. We accept no liability for damage caused by improper behavior on the part of the customer, by force majeure or by weather-related cancellations or postponements. The customer is liable for any damage caused by him. 4.4. Cancellation and rebooking: The following fees apply for cancellations or rebookings of tandem flights:
5. Prices and payment terms
5.1. Products: The prices indicated for products are in Swiss francs (CHF) and include VAT, where applicable. Shipping costs are not included in the product price and are charged separately. 5.2. Services: The prices for services, including tandem flights, coaching, workshops, further training and consultations, are agreed individually before the contract is concluded and recorded in the confirmation. 5.3. Terms of payment: The customer undertakes to pay the agreed prices in accordance with the payment terms stated in the invoice. Unless otherwise agreed, invoices are due within 10 days of receipt without deduction. In the event of late payment, we reserve the right to charge interest on arrears of 5%, with a minimum of 20 CHF.
6. No right of withdrawal
6.1. Exclusion of the right of withdrawal: A right of withdrawal after purchasing products or services from Change Gravity is excluded. The customer expressly waives the right to withdraw or cancel the contract after purchase or booking.
6.2. Customer’s obligation: By ordering a product or booking a service, the customer agrees to waive the right of withdrawal and to definitively purchase or use the product or service.
7. Disclaimer of Liability and Warranty
7.1. Exclusion of liability: Change Gravity excludes any liability for direct or indirect damages arising in connection with the use of the products, services or activities to the extent permitted by law. This applies in particular to damages arising from tort, breach of contract, negligence and consequential damages.
7.2. Warranty for products: The warranty for products is based on the provisions of the Swiss Code of Obligations (OR). We are not liable for defects that arise after the sale. Within the framework of the legal provisions, the customer can request repair or replacement if the defect was already present at the time of delivery.
7.3. Exclusion of consequential damages: We accept no liability for consequential damages, lost profits or other indirect damages. The customer indemnifies Change Gravity from all claims by third parties that arise in connection with the use of the products or services we supply.
8. Data Protection
Personal data is processed in accordance with the Swiss Data Protection Act (DSG). For further information, please refer to our privacy policy.
9. Final clauses
9.1 Applicable law: Swiss substantive law applies, excluding international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. Place of jurisdiction: The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Change Gravity, unless mandatory legal provisions provide otherwise.
9.3. Severability clause: Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
2. Conclusion of contract
2.1. Contract offer by the customer: The contract between Change Gravity and the customer is only concluded upon an express, written confirmation by Change Gravity. By placing an order or booking, the customer makes a binding offer, which is checked by Change Gravity. An automatically generated confirmation of receipt does not constitute acceptance of the contract. 2.2. Confirmation by Change Gravity: The contract only becomes legally binding when Change Gravity confirms the customer’s offer in writing (e.g. by email). Change Gravity reserves the right to reject orders or bookings without giving reasons.
3. Products and delivery
3.1. Product descriptions and availability: Our product descriptions are given to the best of our knowledge. Slight deviations in color, shape or function are possible, provided that they do not significantly affect the suitability of the product. The availability of the products is limited and may be subject to change.3.2. Delivery: Delivery is made either by a shipping service provider or personal delivery. Delivery times are non-binding unless they have been expressly agreed as binding. We are not liable for delivery delays caused by force majeure, delays on the part of the shipping service provider or other unforeseen circumstances. 3.3. Delivery costs: Shipping costs are calculated separately and stated in the order confirmation. These are to be borne by the customer unless expressly agreed otherwise. 3.4. Transfer of risk: The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the shipping service provider or the customer. The goods must be checked for any defects immediately upon receipt, and any defects must be reported to us immediately.
4. Tandem flights, outdoor activities and further training
4.1. Description of services: Tandem flights, outdoor activities and further training are carried out by experienced and qualified people. The exact implementation depends on the weather conditions and other safety-related factors. We reserve the right to cancel or postpone planned activities at short notice due to unforeseen circumstances. 4.2. Requirements: The customer confirms that he or she meets the health and physical requirements for participating in a tandem flight, outdoor activity or further training. The customer must check for any health restrictions before participating and inform us. We accept no liability for health problems that occur during or after participation. 4.3. Exclusion of liability: Our liability is excluded to the extent permitted by law. We accept no liability for damage caused by improper behavior on the part of the customer, by force majeure or by weather-related cancellations or postponements. The customer is liable for any damage caused by him. 4.4. Cancellation and rebooking: The following fees apply for cancellations or rebookings of tandem flights:
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- Up to 14 days before the scheduled date: A handling fee of 50 CHF will be charged.
- Up to 7 days before the scheduled date: 50% of the total amount is due.
- Up to 2 days before the scheduled date: 75% of the total amount is due.
- Within 2 days of the scheduled appointment or in case of no-show: the full amount is due.
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- Up to 12 weeks before the scheduled date: A handling fee of 50 CHF will be charged.
- Up to 14 days before the scheduled date: 50% of the total amount is due.
- Up to 7 days before the scheduled date: 75% of the total amount is due.
- Within 7 days of the scheduled appointment or in case of no-show: the full amount is due.
5. Prices and payment terms
5.1. Products: The prices indicated for products are in Swiss francs (CHF) and include VAT, where applicable. Shipping costs are not included in the product price and are charged separately. 5.2. Services: The prices for services, including tandem flights, coaching, workshops, further training and consultations, are agreed individually before the contract is concluded and recorded in the confirmation. 5.3. Terms of payment: The customer undertakes to pay the agreed prices in accordance with the payment terms stated in the invoice. Unless otherwise agreed, invoices are due within 10 days of receipt without deduction. In the event of late payment, we reserve the right to charge interest on arrears of 5%, with a minimum of 20 CHF.
6. No right of withdrawal
6.1. Exclusion of the right of withdrawal: A right of withdrawal after purchasing products or services from Change Gravity is excluded. The customer expressly waives the right to withdraw or cancel the contract after purchase or booking.
6.2. Customer’s obligation: By ordering a product or booking a service, the customer agrees to waive the right of withdrawal and to definitively purchase or use the product or service.
7. Disclaimer of Liability and Warranty
7.1. Exclusion of liability: Change Gravity excludes any liability for direct or indirect damages arising in connection with the use of the products, services or activities to the extent permitted by law. This applies in particular to damages arising from tort, breach of contract, negligence and consequential damages.
7.2. Warranty for products: The warranty for products is based on the provisions of the Swiss Code of Obligations (OR). We are not liable for defects that arise after the sale. Within the framework of the legal provisions, the customer can request repair or replacement if the defect was already present at the time of delivery.
7.3. Exclusion of consequential damages: We accept no liability for consequential damages, lost profits or other indirect damages. The customer indemnifies Change Gravity from all claims by third parties that arise in connection with the use of the products or services we supply.
8. Data Protection
Personal data is processed in accordance with the Swiss Data Protection Act (DSG). For further information, please refer to our privacy policy.
9. Final clauses
9.1 Applicable law: Swiss substantive law applies, excluding international private law and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. Place of jurisdiction: The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Change Gravity, unless mandatory legal provisions provide otherwise.
9.3. Severability clause: Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
Stand: 24.08.2024
Change Gravity, Stephan Rammerstorfer
Hauptstrasse 26
6386 Wolfenschiessen