Terms and Conditions
This translation is provided for convenience; the German version is legally binding.
1. Scope
(1) These General Terms and Conditions (“Terms”) apply to all orders placed in the AtonActive online shop at www.atonactive.com.
(2) A consumer is any natural person who enters into a contract for purposes that are predominantly outside their trade, business or profession. A business customer is anyone who, when entering into the contract, acts in the course of their trade, business or profession.
(3) Any conflicting terms of customers apply only if we expressly agree to them.
2. Contracting party
Your contracting party is:
Eichhorn Customs, owner Bastian Eichhorn
Bachwisstrasse 6
9100 Herisau
Switzerland
Phone: +41 76 461 75 70
Email: info@atonactive.com
UID (Swiss business ID): CHE-431.992.599
AtonActive is the brand and shop name of Eichhorn Customs. Further details can be found in the legal notice.
3. Product and note on use
(1) We sell the AtonActive leg-lift walking aid. Its main characteristics are set out in the product description in the shop. The walking aid comes in one size and is continuously adjustable.
(2) The leg-lift walking aid is an aid for everyday life. It does not replace medical advice, diagnosis or treatment. If you have health problems or are unsure whether the walking aid is suitable for you, please check with your doctor or physiotherapist before use.
4. Ordering process and conclusion of the contract
(1) The presentation of the product in the shop is not a binding offer but an invitation to place an order.
(2) On the product page you select the quantity, tick the box to confirm that you have read the Terms and the withdrawal policy and accept the Terms, and click “Buy now!”. You are then redirected to the payment page of our payment service provider Stripe (Stripe Checkout). There you enter your email address, phone number, billing and delivery address and payment details and, if available, redeem a promotion code.
(3) Before submitting, Stripe Checkout shows you a summary of the product, quantity and total price. You can correct input errors directly in the input fields. Using your browser’s back button you can return to the shop to change the quantity or cancel the process.
(4) By clicking the payment button in Stripe Checkout you submit a binding offer to purchase the selected goods. The purchase contract is concluded as soon as the payment has been completed successfully. You are then redirected to our confirmation page and receive a confirmation by email at the address you provided.
5. Contract language and contract text
(1) The contract language is German. Translations of this website, for example into English, are for information only; the German version is authoritative.
(2) We store your order data. There is no customer account in which you could retrieve the contract text. You receive the order data with the confirmation email. You can view, print or save these Terms and the withdrawal policy on this website at any time.
6. Prices, VAT and import charges
(1) The price shown in the shop at the time of the order applies. All prices are in euros.
(2) We are not registered for VAT in Switzerland. We therefore neither show nor charge VAT.
(3) The goods are shipped by our logistics partner from a warehouse outside the EU and Switzerland and are imported on delivery to Germany, Austria or Switzerland. Import charges may apply on import, in particular import VAT at the rate of the country concerned, customs duty where applicable and the carrier’s customs clearance fees. These charges are not included in the purchase price. They are usually collected from the recipient by the customs authority or the carrier on delivery. Their amount depends on the rules of the destination country; we cannot state it bindingly in advance.
7. Shipping and delivery
(1) We deliver to Germany, Austria and Switzerland only.
(2) Shipping is free of charge for you. For possible import charges see section 6.
(3) The delivery time is approx. 2–3 weeks from conclusion of the contract. The goods are shipped by our logistics partner with tracking. You receive the tracking number by email as soon as the parcel is on its way.
(4) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to you only upon handover.
(5) If the parcel arrives visibly damaged, you may refuse to accept it. In that case please let us know by email at info@atonactive.com, with photos if possible. You can also report transport damage by email after accepting the parcel. Your statutory warranty rights (section 11) remain unaffected in any case.
8. Payment
(1) Payment is processed by our payment service provider Stripe (Stripe Checkout). The payment methods shown in Stripe Checkout are available, in particular credit and debit card.
(2) The purchase price is due when the order is completed and is charged to the selected payment method.
(3) Promotion codes can be redeemed in Stripe Checkout where available. The conditions of the respective promotion apply. Cash payment of promotion codes is not possible.
9. Retention of title
The goods remain our property until paid in full.
10. Right of withdrawal
Consumers resident in the European Union have a statutory right of withdrawal. Details, the model withdrawal form and the effects of withdrawal are set out in our withdrawal policy. In the event of withdrawal you bear the direct cost of returning the goods. You can also withdraw online via Cancel contract.
11. Statutory warranty
(1) The statutory warranty rights (liability for defects) apply.
(2) For consumers resident in the EU, the mandatory provisions of their country of residence apply. The warranty period is at least two years from delivery of the goods.
(3) For consumers in Switzerland, the provisions on warranty in sales contracts apply (Art. 197 et seq. of the Swiss Code of Obligations). Claims become time-barred two years after delivery of the goods (Art. 210 CO).
(4) For business customers, the warranty period is one year from delivery, to the extent permitted by law.
(5) We do not give any guarantee beyond the statutory warranty unless expressly stated otherwise in the shop.
(6) The following harmonised EU notice summarises the legal guarantee:
12. Complaints and customer service
(1) We handle complaints and notices of defects by email only. Please send them to info@atonactive.com. We do not accept complaints by phone.
(2) Please state your order number and describe the defect as precisely as possible, with photos if possible. We will then agree the next steps with you.
(3) For general questions you can reach us by email at info@atonactive.com or by phone on +41 76 461 75 70.
(4) Your statutory rights remain unaffected by this section.
13. Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health and under mandatory statutory provisions, in particular product liability.
(2) In the case of slight negligence we are liable only for breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case liability is limited to the foreseeable damage typical for this type of contract.
(3) Otherwise liability is excluded to the extent permitted by law. Mandatory consumer protection provisions remain unaffected.
14. Retailers and resale
(1) We sell to private individuals and businesses. Resale is permitted.
(2) For trade enquiries, for example from pharmacies, medical supply stores or care homes, and for orders of 10 units or more, please email info@atonactive.com. Conditions are agreed individually.
(3) The right of withdrawal under section 10 applies to consumers only.
15. Applicable law and place of jurisdiction
(1) Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the country in which they have their habitual residence (for the EU: Art. 6 of the Rome I Regulation).
(3) If you are a business customer, the exclusive place of jurisdiction is Herisau, Switzerland. For consumers the statutory places of jurisdiction apply.
16. Dispute resolution
The European Commission’s former online dispute resolution platform (ODR platform) has been discontinued. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. If you have questions or problems, please email us directly at info@atonactive.com.
17. Applicable version
Your order is governed by the version of these Terms published on this website at the time of the order.