General Terms and Conditions of Sale (GTC)

Applicable to sales of fitness machines, heavy equipment, accessories, delivery, assembly, installation, maintenance, and related services
Compliant with Swiss law

1. Scope of application

These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to all sales of fitness machines, equipment, accessories, and services provided by Melsfit Sàrl, notably in-store, by email, by quote, by mail, or online.

They also apply to any service related to the sold equipment, including delivery, assembly, installation, commissioning, handling, maintenance, repair, and travel.

Any order, quote signature, written validation, deposit payment, or payment implies full and unconditional acceptance of these GTC.

2. Acceptance of the GTC

These GTC are deemed known and accepted by the customer at the time of the order.

They apply as soon as the customer:

• signs a quote or an order confirmation;

• validates an order online;

• confirms an order by email;

• pays a deposit;

• or makes full or partial payment of an order.

The customer acknowledges having had the opportunity to review these GTC before concluding the contract.

The GTC are available on the seller’s website, upon request, or attached to quotes and order confirmations.

3. Orders and contract conclusion

Any order placed by the customer constitutes a firm purchase offer.

The contract is concluded upon written confirmation from the seller, notably by:

• a signed quote;

• an order confirmation;

• a pro forma invoice;

• a confirmation email;

• or the receipt of a deposit accepted by the seller.

The seller reserves the right to refuse an order, especially in case of unavailability, obvious error, lack of creditworthiness, or incomplete information.

4. Quotes

Unless otherwise stated, quotes are valid for 30 calendar days from their issue date.

After this period, the seller reserves the right to change prices, deadlines, availability, logistical conditions, and commercial terms.

The quote, its annexes, these GTC, and, where applicable, the manufacturer’s conditions form a contractual whole.

5. Made-to-order products / items identified as such

Products or equipment specially manufactured, specially ordered, specially imported, customized, or identified as “sur commande”, “made-to-order”, “Sonderbestellung” or by any other equivalent mention on the quote, order, order confirmation, or invoice, are considered non-standard products.

These items:

• cannot be canceled, returned, or exchanged;

• must, unless otherwise agreed in writing, be paid 100% at order or according to the specific agreed conditions;

• remain fully due in case of cancellation, withdrawal, or subsequent refusal by the customer.

The customer acknowledges that the explicit identification of an item as "made-to-order" on the quote or contractual documents constitutes clear and sufficient information about its non-cancellable nature.

6. Firm and final orders

Any confirmed order is firm and final.

No cancellation, modification, or suspension may occur without the seller's prior written consent.

When the order concerns made-to-order items, special manufacture, special import, or services already engaged, no refund is due, except by written agreement of the seller.

7. Prices and payment terms

Prices are indicated in Swiss francs (CHF), unless otherwise stated. VAT is included or excluded as indicated on the quote or invoice.

Payment is made according to the agreed terms, including:

• cash payment on order;

• deposit at order then balance before delivery or installation;

• or any other schedule accepted in writing.

Unless otherwise agreed, the seller may require:

• full payment before shipment;

• or payment of the balance before delivery, installation, or commissioning.

8. Late payment

In case of late payment, the seller may:

• suspend any delivery;

• suspend any installation;

• suspend any service;

• postpone the delivery of goods;

• require additional guarantees;

• or terminate the contract after formal notice.

The customer may not claim any penalty, compensation, or damages resulting from such suspension.

Default interest may be charged in accordance with art. 104 CO, without prejudice to the seller's other rights.

9. Suspension of services in case of non-payment or risk of non-payment

The seller reserves the right to suspend any delivery, installation, or service in case of:

• late payment;

• reasonable doubt about the customer's creditworthiness;

• lack of sufficient guarantee;

• or failure to comply with the agreed payment terms.

The resumption of services will only occur after full payment of the amounts due or provision of guarantees deemed sufficient by the seller.

10. Service, assembly, installation, and labor

The services include notably:

• delivery;

• handling;

• assembly;

• installation;

• commissioning;

• travel;

• repair;

• maintenance;

• diagnosis;

• technical intervention.

They are charged according to:

• the accepted quote;

• the current hourly rate;

• or the agreed special conditions.

11. Site preparation by the client

The client is solely responsible for preparing the delivery and installation site.

They must notably ensure:

• that the access points are sufficient;

• that the dimensions of doors, stairs, elevators, corridors, landings, and passages are compatible with the equipment;

• that the site is clear, free, and accessible;

• that the floor, walls, ceilings, or supports are suitable;

• that the necessary authorizations have been obtained.

Any waiting time, additional travel, disassembly, reassembly, special handling, unforeseen intervention, or lack of access attributable to the client may be charged at the current rate.

12. Supports, floors, walls, and technical exclusions

The seller disclaims all responsibility for any defect, instability, vibration, noise, misalignment, or malfunction resulting from:

• an uneven floor;

• an unsuitable support;

• a fragile wall or ceiling;

• lack of flatness;

• excessive humidity;

• or a non-compliant structure.

The client remains solely responsible for the technical compliance of the installation site.

13. Delivery

Delivery times are provided for information only unless expressly committed otherwise in writing.

The seller cannot be held responsible for a reasonable delay, especially when it results from:

• a supplier;

• a carrier;

• a freight forwarder;

• a logistical blockage;

• a customs issue;

• a case of force majeure;

• or the client themselves.

14. Possible contractual delay penalty

Unless otherwise expressly agreed in writing in the quote or order confirmation, no delay gives rise to compensation.

When a specific penalty clause has been accepted in writing, it applies exclusively according to the agreed terms.

In the absence of another written agreement, the following structure may apply when mentioned in the quote:

• standard period: 4 weeks;

• days 29 to 36: no penalty;

• from day 37: 0.2% of the order amount per calendar day;

• capped at 10% of the order amount.

No penalty is due if the delay results notably from:

• a case of force majeure;

• a delay attributable to the customer;

• a project modification;

• a transport, import, customs, or supplier issue beyond the seller's control.

15. Goods inspection / delivery check

The customer must inspect the goods immediately upon delivery.

Any apparent damage, missing items, errors, or reservations must be reported in writing within a maximum of 48 hours following delivery.

Otherwise, the goods are deemed accepted without reservation, subject to hidden defects under applicable law.

16. Transfer of risks

Risk transfer occurs:

• upon handover to the customer;

• or upon handover to the carrier;

• or, in case of storage or postponement at the customer's request, on the date of availability or the originally scheduled delivery date.

Goods stored or postponed at the customer's request remain at their risk and expense.

17. Postponement, storage, and handling

In case of postponement requested by the customer, or delivery impossibility attributable to the customer, the seller may charge:

• transportation fees;

• handling fees;

• travel expenses;

• administrative fees;

• storage fees.

Unless otherwise agreed, storage fees may include:

• a movement fee per pallet;

• a daily or monthly cost for occupied space;

• any reasonable additional logistics costs.

18. Uncollected / undelivered goods

If the customer does not collect the goods or does not allow delivery within a reasonable time after notification of availability, the seller may charge storage, handling, and administrative fees.

If the goods are not collected within 30 days following written notification, the seller may:

• terminate the sale;

• retain deposits paid as compensation;

• claim incurred costs;

• freely dispose of the merchandise.

19. Supplier dependency and availability

The seller relies on third-party manufacturers, importers, and suppliers.

Product availability depends notably on:

• production capacities;

• raw materials;

• manufacturing lead times;

• transportation;

• customs procedures;

• regulatory constraints.

In case of delay, modification, unavailability, or production stoppage attributable to the supplier or manufacturer, the seller may, at their discretion:

• extend the deadline;

• offer an equivalent product;

• reasonably modify certain technical elements;

• cancel the order and refund the amounts received without further compensation.

20. General warranties

Products are covered by the legal warranty provided by Swiss law, notably articles 197 et seq. CO, within the limits set by law and these GTC.

The warranty exclusively covers recognized manufacturing or material defects.

Excluded in particular:

• normal wear and tear;

• poor maintenance;

• improper use;

• damage related to third-party assembly;

• unauthorized modifications;

• damage related to the support or installation site;

• consumables and wear parts, unless otherwise agreed.

21. Claims related to services

Any claim related to a service, assembly, installation, or intervention must be made in writing within 7 days following the intervention.

The warranty on service is limited to the repair or correction of the defective service, excluding any other compensation.

22. Service and intervention fees

Unless otherwise agreed in writing, the warranty only covers recognized defects related to the product or the part concerned.

Not covered by the warranty:

• travel expenses;

• diagnostic fees;

• disassembly;

• reassembly;

• handling;

• special access equipment;

• equipment transport;

• services when no covered defect is found.

These fees may be charged at the current rate.

23. Limitation of liability

The seller's liability is limited to proven direct damages resulting from gross negligence or demonstrated faulty non-performance.

To the fullest extent permitted by law, any liability for indirect, consequential, intangible damages or business losses is excluded, including:

• loss of profit;

• loss of income;

• loss of use;

• business interruption;

• loss of production;

• loss of customers.

In any case, the seller's total liability is limited to the amount actually paid for the relevant order.

24. Retention of title

Delivered goods remain the property of the seller until full payment of the price, fees, and accessories.

The seller is authorized to register the retention of title at the customer's expense when necessary or appropriate.

25. Force majeure

The seller cannot be held responsible for any delay or failure resulting from a force majeure event or circumstances beyond their reasonable control, including:

• natural disaster;

• fire;

• war;

• strike;

• epidemic or pandemic;

• shortage;

• supply disruption;

• logistical blockage;

• administrative decision;

• impossibility of import;

• serious failure of a supplier or carrier.

Deadlines are extended by the duration of the event concerned.

26. Right of Withdrawal

Unless otherwise voluntarily committed by the seller, no general right of withdrawal is granted except in cases strictly provided by applicable law.

In any case, no right of withdrawal applies:

• to items made to order;

• to special products;

• to products installed, used, or assembled;

• to services already performed;

• to goods specially ordered for the customer.

27. Precedence of the GTC

These GTC apply to the exclusion of all other general conditions of the customer, unless expressly accepted in writing by the seller.

Any different or additional condition issued by the customer is expressly rejected.

28. Applicable Law and Legal Venue

These GTC are governed exclusively by Swiss law.

Subject to mandatory jurisdiction prescribed by law, the legal venue is located at the seller's headquarters.

29. Seller Contact Information

Melsfit Sàrl
2 bis Rue Soubeyran
1203 Geneva
Switzerland
Tel.: 022 940 22 40
E-mail: support@melsfit.com
Website: www.melsfit.ch

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Appendix – Merrithew Warranty

30. Merrithew Manufacturer's Warranty

Merrithew equipment benefits from the manufacturer's warranty under the following conditions, subject to the manufacturer's terms applicable at the time of purchase.

The company guarantees that all new equipment is free from manufacturing and material defects, subject to the conditions below. This warranty takes effect from the date of the initial purchase invoice. Parts repaired or replaced under this warranty are guaranteed for the remaining duration of the original period.

It is the buyer’s responsibility to inform the company of any contact information changes to allow, if necessary, the sending of important information or safety notices.

30.1 Terms of Application

This warranty applies to the equipment:

• as long as it remains in the possession of the original purchaser;

• proof of purchase is provided;

• the claim is made during the applicable warranty period for the part;

• required upgrades mandated by the company have been performed.

30.2 Warranty Exclusions / Voidance

The warranty will be void or inapplicable especially if:

• safety, maintenance, or usage instructions have not been followed;

• equipment has been used for purposes other than those intended;

• equipment has been stored or used outdoors or in an unsuitable environment;

• equipment has suffered an accident, misuse, abuse, or insufficient maintenance;

• equipment has been modified without authorization;

• an At Home SPX® Reformer has been used in a commercial environment;

• springs have not been replaced within the prescribed timeframes;

• damages concern finish, shipping, customs, or installation fees.

30.3 Warranty Coverage

At its discretion, the company will repair or replace warranty parts when failure results from a manufacturing or material defect reported during the applicable warranty period.

30.4 Professional / Rehabilitation Reformers

For SPX® Max, V2 Max™, SPX® Max Plus™, V2 Max Plus™, and Rehab V2 Max Plus™ models:

• limited lifetime warranty on aluminum rails;

• frame components;

• associated welds;

• support bar mechanisms, except for the Comfort Footbar.

30.5 MPX™ Reformers

• 10-year warranty on aluminum rails;

• frame components;

• associated welds;

• support bar mechanisms, excluding Comfort Footbar.

30.6 All Reformer models

• limited 90-day warranty on fabric and padding;

• limited 1-year warranty on wear parts, including cords, rollers, straps, spring clamps, plastic pulley bar sleeves, Comfort Footbar covering, plastic feet, spring O-rings, molded spring holder, and spring covers;

• limited 2-year warranty on all other Reformer components.

30.7 Reformer Accessories

• limited 2-year warranty on wooden components, frames, and associated welds of Reformer accessories, including Jumpboard, Cardio-Tramp® Rebounder, Rotational Diskboard™, Cross-Bow™, and Vinyasa Triangle™;

• limited 90-day warranty on fabric, padding, handles, jumping surface, and elastic straps of the Cardio-Tramp® Rebounder.