Terms of service

1. Scope of application

These General Terms and Conditions (GTC) of GenActive GmbH, Oberfeldhöhe 12, 6280 Hochdorf LU, Switzerland (hereinafter “GenActive”), govern the rights and obligations in connection with the use of the website and the online shop for sportswear at www.gen-active.com. The following GTC shall apply between GenActive and its customers in the version that is current and valid at the time of the conclusion of the contract. A customer is defined as any natural or legal person who maintains business relations with GenActive. These GTC may be adjusted occasionally. These GTC apply exclusively. Conflicting, supplementary, or conditions deviating from these GTC require the express written confirmation by GenActive to be valid. By using www.gen-active.com, placing an order for items, or at the conclusion of the contract, the customer confirms to fully acknowledge these GTC, including the delivery and payment conditions. For better readability, these GTC use the male form for personal designations and special nouns. Corresponding terms are fundamentally applicable to all genders in the sense of equal treatment. The abbreviated language form is for editorial reasons only and does not imply any valuation.

2. Information on www.gen-active.com

www.gen-active.com contains information about items. Price and assortment changes as well as technical changes are reserved. All information on www.gen-active.com (item descriptions, images, films, dimensions, and other information, except prices) are to be understood as non-binding information and do not represent a guarantee of properties or warranties unless explicitly stated otherwise. GenActive strives to provide all information and details on www.gen-active.com correctly, completely, up-to-date, and clearly, however, GenActive can neither expressly nor implicitly guarantee this. GenActive cannot guarantee that the listed items will be available at the time of ordering. Therefore, all information on availability and delivery times is without guarantee and can change at any time without notice.

3. Prices

All prices are gross in Swiss Francs (CHF), including Swiss value-added tax (VAT). For deliveries outside of Switzerland, the Swiss VAT is not applicable. The respective sales tax regulations of the delivery country must be observed. Shipping and customs costs are borne by the customer. The shipping costs are shown separately in the ordering process. Technical changes, errors, and misprints are reserved, in particular, GenActive can make price changes at any time and without prior notice.

4. Conclusion of Contract

The offers on www.gen-active.com constitute an invitation to the customer to order items. The purchase contract is concluded with the order via www.gen-active.com, including the acceptance of these GTC. GenActive then sends an automatic order confirmation by email. Orders are delivered provided the item is available. If it turns out after the conclusion of the contract that the ordered item cannot be delivered or can only be delivered partially, GenActive is entitled to withdraw from the entire contract or a part of the contract. The payment already made by the customer will be refunded accordingly. If no payment has been made yet, the customer is accordingly released from the obligation to pay. In the event of a contract resolution, GenActive is not obliged to provide a replacement delivery and is also not liable for any damages.

5. Right of Withdrawal

The customer has the right to withdraw from the contract with GenActive within 14 days after taking possession of the item or the last partial delivery. The deadline is considered met if the customer notifies GenActive of the withdrawal in a timely manner (via email to contact@gen-active.com). The customer may use the template for the withdrawal form listed below. The withdrawal does not require a reason. To exercise the right of withdrawal, it is sufficient if the customer sends the notice of withdrawal before the expiration of the aforementioned 14-day period, possibly together with the relevant item. The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the relevant goods to GenActive no later than five days after the notification of withdrawal has been made. This deadline is met by sending within the aforementioned period. The cost of returning the goods is borne by the customer. Any payment already made and the delivery costs (standard delivery) will be refunded to the customer within 14 days of GenActive receiving the notice of withdrawal. For this refund, GenActive uses the same means of payment that the customer used for the original transaction. GenActive may refuse repayment until it has received the goods back or until the customer has provided evidence that he has sent back the goods. GenActive reserves the right to demand reasonable compensation for damages, excessive wear, or loss of value due to improper handling and to deduct the depreciation from the already paid purchase price or to invoice the customer.

There is no right of withdrawal for personalized products.

Template for the withdrawal form

(If you wish to cancel the contract, please complete this form within 14 days of receipt and return it together with the goods to be returned and the delivery note). 

To: GenActive GmbH, Oberfeldhöhe 12, 6280 Hochdorf, Switzerland,

e-mail: contact@gen-active.com

I/we hereby cancel the contract concluded by me/us for the purchase of the following items: (...)

Received on: (...)

Title: (...)

First name and surname: (...)

Street and number: (...)

Postcode, town: (...)

Country: (...)

Date of withdrawal: (...)

Signature of the customer(s)

6. Payment Options

The customer has the payment options indicated in the ordering process. The customer authorizes GenActive to collect the payment in the corresponding manner.

7. Delivery, Inspection Duty, and Notification of Defects

The items are sent to the address specified by the customer in the order. With the dispatch, the benefit and risk pass to the customer. GenActive is not liable for any damages resulting from a delayed arrival of the items at the customer or third parties. If the item is available in stock, a delivery time of usually 3 to 5 days (delivery location Switzerland) and 6 to 14 days (abroad) can be expected. In exceptional cases, this delivery time may be exceeded. If the delivery is not deliverable or the customer refuses to accept the delivery, GenActive may dissolve the contract after a complaint notification to the customer and setting a reasonable deadline, and charge the costs for the efforts. The customer is obliged to inspect the delivered item immediately upon receipt of the delivery and to notify GenActive immediately in writing by letter or email of any defects for which GenActive provides a warranty. If GenActive’s inspection reveals that the item has no detectable defects, GenActive may charge the customer for the efforts, the return, or the possible disposal.

8. Warranty

GenActive strives to deliver articles in perfect quality. For defects reported in a timely manner, GenActive assumes warranty for the absence of defects and functionality of the item purchased by the customer during the legal warranty period of two years from the delivery date. It is at the discretion of GenActive to fulfill the warranty by providing an equivalent replacement or by refunding the purchase price. Further claims are excluded. The warranty does not cover normal wear and tear, consequences of improper handling or damage by the customer or third parties (especially if GenActive’s washing instructions are disregarded), or defects due to external circumstances. The color values are displayed as true to the original as possible in the GenActive online shop. However, the original items may differ slightly, for which any warranty is excluded. Textiles may slowly fade after many washes, which, however, does not constitute a defect of the item.

9. Liability

GenActive excludes any liability, regardless of its legal basis, as well as claims for damages against GenActive and any auxiliary persons and vicarious agents. GenActive is not liable for indirect damages and consequential damages, lost profits, or other personal, material, and pure financial losses of the customer and third parties. A further mandatory statutory liability remains reserved, for example, for gross negligence or unlawful intent. GenActive cannot provide assurances or guarantees for the timeliness, completeness, and correctness of the data, nor for the constant or uninterrupted availability of www.gen-active.com, its functionalities, integrated hyperlinks, and other content. In particular, it is neither assured nor guaranteed that the use of www.gen-active.com does not infringe the rights of third parties not owned by GenActive. GenActive uses hyperlinks on www.gen-active.com only for the simplified access of the customer to other web offers. GenActive cannot know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.

10. Data Protection

The protection of customers’ personal data is important to GenActive. GenActive takes the issue of data protection seriously and ensures appropriate security. GenActive processes and maintains personal data in accordance with the provisions of the Federal Act on Data Protection (DSG), the Ordinance to the Federal Act on Data Protection (VDSG), the Telecommunications Act (FMG), and, where applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (GDPR). The customer agrees that GenActive may use his data for the implementation of advertising measures (online or print), in particular to send him information about offers. The customer has the option to object to these advertising purposes at any time by notifying GenActive. For further information, please refer to GenActive’s privacy policy, available at www.gen-active.com.

11. Further Provisions

Should individual provisions of these GTC be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions remain unaffected. The invalid and/or ineffective provisions will be replaced by those that economically come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any regulatory gaps. In the event of disputes, exclusively substantive Swiss law shall apply, excluding conflict of law norms. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Lucerne, Switzerland.

Hochdorf LU, 2. April 2024