These general terms and conditions (the "GTC") govern the contracts of sales entered into between Ulysses Sportech SA, Switzerland , or any of its affiliates, as outlined below (hereinafter Ulysses Sportech SA, or its respective affiliate, referred to as "Ulysses Running") and its customers (the "Customer" or "you") purchasing products (the "Products") sold via web shop "www.ulyssesrunning.com" (the "Site") operated by Ulysses Sportech SA.
If you reside in the USA, these GTC govern the rights and obligations between Ulysses Running Co. LLC., Aurora, USA, and the Customer.
2-Conclusion of a Contract
2.1 The presentation of the Products and the indications of prices on the Site do not constitute legally binding offers but are non-binding invitations to place an order.
2.2 The Customer's order is an offer to purchase the Products listed in his/her order (the "Order"). All Orders are subject to acceptance by Ulysses Running.
2.3 Ulysses running issues a written acceptance confirmation of Orders (the “Purchase Confirmation”). The formation of a contract of sale between Ulysses Running and the Customer (the "Contract") will take place upon the Customer's receipt of the Purchase Confirmation. The Purchase Confirmation shall determine the relevant subject matter and extent of the Contract, also where the Customer paid the Products in advance.
2.4 Ulysses Running shall have the right to refuse an Order as well as to cancel or not to carry out confirmed Orders at any time without providing any reasons and with no liability to Customer or any third party. If Customer has already paid for such Products, Ulysses Running will refund Customer the full amount without any interests and will not incur further liability to Customer.
2.5 If Ulysses Running does not accept an Order within ten (10) business days as set forth in Section 2.3, the Order is deemed to have been refused.
2.6 Customer acknowledges that the Product’s sales prices are subject to change, i.e. that prices may be increased between the date of an Order and the formation of a Contract as set out in Section 2.3. In such cases, Customer may refuse the delivery of such Products and Ulysses Running shall refund the purchase price for such Products, if already paid (also in cases where Customer’s credit card account, indicated by the Customer, has been debited), without any interests; further claims are excluded.
2.7 Modifications or cancellations of an Order required by the Customer are only valid if confirmed by Ulysses Running in writing. Costs already incurred to Ulysses Running may be charged to the Customer.
3- Prices and Terms of Payments
3.1 Prices payable by Customer are those in the indicated currency and in effect at the time of acceptance of the Order by Ulysses Running as set forth in Section 2.3.
3.2 Prices indicated on the Site include value added tax but exclude shipping costs (where applicable) and import duties (where applicable).
3.3 Ulysses Running reserves the right to change, limit or terminate any special offers or discounts at any time.
3.4 Payments may be made by credit card, Apple Pay, or PayPal.
3.5 Ulysses Running will charge credit or debit cards upon shipment of the Products ordered. Ulysses Running reserves the right to verify credit or debit card payments prior to acceptance.
3.6 In case of default in payment, Ulysses Running shall be entitled to suspend all, or parts of, further deliveries to the Customer without further notice until payment has been received or secured.
4.1 Delivery methods and expected delivery time of Products may differ per country and are indicated on the Site in the Shipping, tracking and delivery section of the FAQs.
4.2 Unless explicitly stipulated in writing by Ulysses Running, the delivery dates indicated by Ulysses Running shall only be non-binding estimates, made to the best of Ulysses Running's knowledge. Should a delivery be delayed beyond the dates explicitly confirmed by Ulysses Running in writing, Customer shall set a grace period of at least fifteen (15) business days. After expiry of such grace period, Customer may withdraw from the respective Order. Any further claims are excluded.
4.3 Ulysses Running shall be entitled to partial deliveries, and the Customer hereby accepts partial deliveries.
4.4 No warranty is being given for all technical data and information regarding the delivery. Ulysses Running shall not be liable for any damage which might arise because of deviations thereof.
4.5 Should Customer notice that at delivery the ordered Products have been damaged during transport, the Customer shall immediately notify the employee of the carrier delivering the Order and contact Ulysses Running Customer service under Info@ulyssesrunning.com
5-Risk and retention of Title
5.1 Unless agreed otherwise by the Parties, the risk of loss or damage to the Products will pass to Customer upon formation of the contract between Ulysses Running and the Customer.
5.2 All Products will remain the property of Ulysses Running until Customer has paid all amounts owned to Ulysses Running in full under any Contract, including any costs. Ulysses Running may register its title in the respective title retention register, if any. Customer may not sell, dispose, or encumber any Products before full title has passed to Customer.
6-Information on Statutory right of Withdrawal for EU Customers.
6.1 General Information: You have the right to withdraw from the Contract within 14 days (the “Notice Period”) from the day on which you, or a third party designated by you (other than the carrier), took possession of the Products without giving any reasons. In order to exercise your right of withdrawal you must notify us by sending an unequivocal declaration (e.g. letter via post or e-mail). To make use of your right of withdrawal, you must send your notice before the expiration of the Notice Period.
6.2 Consequences of withdrawal: If you withdraw from the Contract, we will refund all payments we received from you, including delivery costs (except any additional costs incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of withdrawal. We will process any such reimbursement using the same means of payment as you used for the Order. We will not charge you any fees for the refund. We may withhold the refund until we have received the Products, or until you have provided proof that you have returned the Products (whichever occurs earlier). You are required to return all Products to us without undue delay, but at least within 14 days from the day on which you submit your notice of withdrawal. You may use the return shipping label provided by us, otherwise you will be required to pay the return shipping costs. You will be required to cover any depreciation in the value of Products if the depreciation is attributable to your improper handling of the Products when examining its condition, properties and function.
6.3 Exclusions: The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to the consumer’s specifications or are clearly personalized or (ii) which are liable to deteriorate or expire rapidly or (iii) which are sealed and are not suitable for return due to health protection or hygiene reasons, provided they were unsealed after delivery.
7-Return and Exchange
7.1 Customer may exchange an ordered Product for another same one if the product fit is incorrect and/or the product is defective, provided that Customer notifies Ulysses Running in writing within thirty (30) calendar days of the delivery date.
7.2 To notify Ulysses Running about such return request and initiate the return process, Customer must follow the process as described on the Site in the Returns and exchanges section of the FAQs
7.3 The Products must be returned to Ulysses Running in their original condition, meaning unused, undamaged, clean and in the original packaging.
7.4 Once Customer has notified Ulysses Running about its intention to return the Products in accordance with the Sections 7.1 to 7.3 above, Ulysses Running will exchange such product with the same one within thirty (30) calendar days of the receipt of the returned Product at Ulysses Running's warehouse.
8.1. For defects resulting from production or material errors, Ulysses Running shall provide the customer with a replacement product free of charge. All further warranty or guarantee claims are hereby expressly excluded. The customer’s obligation to inspect the wares and declare any defects, along with the warranty period, are based on statutory regulations. Product information (descriptions, videos, images etc.) does not constitute any guarantee of certain properties. The transfer of warranty claims is excluded.
8.2. To exercise a warranty claim, the customer must fill out the complaint form with all the necessary information and submit this along with the evidence required. All claims will be assessed on a case by case basis. All Ulysses Running products have a lifespan depending on the model, the materials used and the individual use of the product. The warranty does not extend to defects due to the wrong fit, normal wear and tear, exceeding the product’s lifespan or damage caused by improper, incorrect or negligent use or changes to the product. Furthermore, the warranty does not extend to defects in products not ordered from the Ulysses Running website.
9.1 Ulysses Running shall only be liable for direct damages and only if the Customer proves that Ulysses Running, its auxiliaries, or any third parties instructed by Ulysses Running, have acted with gross negligence or with unlawful intent. In any event, Ulysses Running's liability shall be limited to the purchase prices of the relevant Product under the Contract.
9.2 Any further liabilities of Ulysses Running, its auxiliaries, or any third parties instructed by Ulysses Running, for damages of any kind, in particular for loss of production, loss of use, loss of orders, loss of profits, or any other indirect or consequential damages, are hereby explicitly excluded.
10-Applicable law and Jurisdiction
10.1 Contractual relations covered by these GTC between Ulysses Running and the Customer shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). All conflicts and disputes arising, directly or indirectly, under or in connection with the contractual relationship between Ulysses Running and the Customer shall be submitted to the exclusive jurisdiction of the courts of Lugano, Canton Ticino, Switzerland. Ulysses Running shall be entitled to alternatively sue the Customer at the competent court at Customer's domicile.
10.2 The choice of law and jurisdiction in Section 10.1 above shall not apply if and to the extent that you (a) qualify as a consumer within the meaning of Swiss law or any other applicable legislation, and therefore (b) are mandatorily entitled to (i) invoke the application of the local law of your country of residence; and/or (ii) submit any disputes under or in connection with the Customer’s contractual relationship with Ulysses Running to the competent courts of the Customer’s place of residence.
10.3 Any statutory rights which the Customer may have, and which cannot be excluded or limited, will not be affected by these GTCs.