General Terms and Conditions

A. Validity/Subject/Important Information

1. All our deliveries and services relating to our products (hereinafter referred to as "Products") are provided exclusively on the basis of these General Terms and Conditions. Any provisions deviating from these Terms and Conditions, in particular any terms and conditions of the Buyer, shall only become effective upon our written confirmation.

2. To the extent that the contracting parties communicate via electronic mail (e-mail), they acknowledge the unlimited validity of the declarations of intent transmitted in this way in accordance with the following provisions. The usual information in the email may not be suppressed or circumvented by anonymization; this means that it must contain the name and email address of the sender, the time of sending (date and time), as well as a reproduction of the sender's name and telephone number at the end of the message. An email received within the scope of this provision shall be deemed to have originated from the other party, unless proven otherwise. All communications must be written in German.

3. We expressly point out that the effectiveness of our products and thus their suitability for the intended use will be reduced or completely eliminated if they are not used in the manner described or are subsequently modified.

4. The effectiveness of our products cannot normally be proven within the framework of conventional school physics. The user hereby acknowledges this.

5. All our products are based on bioenergetic processes that have not yet been recognized by traditional science and have been only minimally researched. They do not represent any promise of healing.

6. Furthermore, the relevant product information for our products applies. This information is enclosed with each delivery item and must be handed over by the buyer to the respective recipients of the goods (BES) together with the product, even in the event of resale to third parties. This information is generally also available on our website. It may be updated from time to time.

B. Offers, conclusion of contract, delivery, shipping

1. Our contractual offers are subject to change.

2. An order is only considered accepted once we have confirmed it in writing. Our order confirmation is the sole determining factor for the scope of the contractually agreed service. Delivery and invoicing are equivalent to written confirmation. By accepting the order confirmation without objection, the buyer accepts these terms and conditions.

3. The contract is concluded with the reservation that the buyer loses his rights under the contract if he fails to fulfil his obligation.

4. Documents underlying an offer or order confirmation, such as illustrations, drawings, dimensions and weight specifications, are generally to be understood as approximate values ​​only, unless they are expressly designated as binding.

5. The delivery date is specified based on our best judgment and will be extended appropriately if the buyer delays or fails to provide required or agreed cooperation. The same applies to measures taken as part of industrial disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles beyond my control, e.g., delivery delays by a sub-supplier, traffic and operational disruptions, material or energy shortages, etc. Changes to the delivered goods initiated by the buyer will also result in a reasonable extension of the delivery period.

6. Upon delivery of the sold item to the buyer or an authorized third party, the risk for the purchased item passes to the buyer. In the case of a sale by dispatch, the risk passes to the buyer as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the buyer defaults on acceptance, the risk of loss and/or deterioration of the purchased item passes to the buyer at the time the buyer defaults on acceptance.
   
   
7. In commercial transactions, we are entitled to make partial deliveries. Clause 6 applies accordingly in these cases.
   
   
8. We ship our items with our shipping partner DHL.

C. Prices

1. The prices shown in our current brochures, catalogues or on our website at the time of order apply.
2. Prices are quoted ex works from our branch, excluding packaging and shipping costs and any other ancillary services. Tax-free intra-community deliveries are subject to confirmation of the purchaser's basic data in the qualified confirmation procedure according to the German Value Added Tax Act (UStG). In the event of discrepancies, the statutory VAT will be collected or subsequently claimed by way of invoice correction.
3. Delivery is generally made against advance payment unless otherwise agreed.
4. Shipping will be at our discretion. Packaging, freight, postage, fees, and customs duties are borne by the buyer. We are entitled, but not obligated, to insure the goods at the buyer's expense. Freight-free and free shipping will only be provided upon special written agreement.
5. If more than four months elapse between the conclusion of the contract and delivery, and the delay is not our responsibility, we may increase the price appropriately, taking into account any material, labor, and other incidental costs incurred, which we shall bear. If the purchase price increases by more than 40%, the buyer is entitled to withdraw from the contract.
6. If the buyer's requests for changes are taken into account, the resulting additional costs will be charged to the buyer.
7. If the payment deadline is culpably exceeded, a processing fee of CHF 20/EUR 15 per reminder as well as interest at the legally permissible rate will be charged, subject to the assertion of further claims.
8. Checks are always accepted only as payment. All actual collection fees will be charged.
9. The buyer is only entitled to a right of retention if it is based on the same contractual relationship. The buyer may only offset counterclaims that are either undisputed or legally binding.

D. Retention of title

1. All our deliveries are subject to retention of title. In commercial transactions, ownership of the purchased item is only transferred upon receipt of all payments from the ongoing business relationship with the buyer.

2. Prior to the transfer of ownership, pledging or transferring the goods as security is prohibited. Resale is permitted only within the scope of ordinary business operations. In the event of resale of the reserved goods, the buyer hereby assigns its purchase price claim against the purchaser in full to us (Ambition AG, Gregor v. Drabich-Waechter), whereby Ambition AG, Gregor v. Drabich-Waechter, accepts this assignment.

3. If the buyer defaults on a payment in whole or in part, ceases payments, and/or otherwise has legitimate doubts about his ability to pay or creditworthiness, he is no longer entitled to dispose of the goods. In such a case, we are entitled to withdraw from the contract and/or revoke the buyer's right of collection against the recipient of the goods. Furthermore, in this case, we are entitled to request information about the recipients of the goods, to notify them of the transfer of the claims to us, and to collect the buyer's claims against the recipients of the goods.

4. In commercial transactions, the goods remaining our property during the retention of title period must be insured by the buyer against fire, water, theft, and burglary. The rights arising from this insurance are assigned to us (Ambition AG, Gregor v. Drabich), and Ambition AG, Gregor v. Drabich, accepts this assignment.

E. Warranty/Liability/Damages 

1. Obvious defects must be reported to us in writing immediately upon delivery, but no later than 10 days after receipt of the goods, with a detailed description and a copy of the invoice. Failure to meet this deadline will exclude any claims for obvious defects.

2. For non-obvious defects, the following applies: The warranty period for contracts for new goods is two years from delivery. The warranty period for consumer contracts for used goods is one year from delivery. Warranty rights are excluded for contracts for used goods that are not consumer contracts.

3. The obligation to inspect and report applicable to merchants remains unaffected. If the buyer is a merchant, complaints about defects do not affect the due date of the purchase price claim, unless their legitimacy has been acknowledged by me in writing or has been legally established.

4. In the case of complaints about defects that occur within the first six months after delivery, in bilateral commercial transactions, the buyer has the burden of proof that the defects were already present at the time of delivery.

5. We may request that the buyer allow us to inspect the defective delivery item at his or our own premises, at our discretion. If the buyer refuses to inspect the item, we shall be released from our warranty.

6. The warranty is also void in the event of improper handling and/or improper use of the delivered item. Reference is made to Section A.

7. If the buyer requests subsequent performance within the agreed time and justifiably, he or she may, at his or her discretion, demand either the removal of the defect free of charge or the delivery of a defect-free item. The type of subsequent performance chosen by the buyer may be refused if it would only be possible at disproportionate cost. In this case, the buyer's claim is limited to the other type of subsequent performance. If a defect-free item is delivered for the purpose of subsequent performance, the buyer is obligated to return the defective item.

8. Only if the repair or replacement delivery fails can the buyer demand a reduction of the purchase price or withdraw from the contract.

9. The assignment of warranty claims to third parties is excluded.

10. If the buyer sells the items delivered by us to third parties, he is prohibited from referring the goods to us due to the associated statutory and/or contractual warranty claims.

11. Claims for damages or reimbursement of wasted expenses are excluded. This does not apply to liability for damages resulting from injury to the life, body, or health of the buyer resulting from a negligent or intentional breach of duty on our part, nor to liability for other damages resulting from a grossly negligent or intentional breach of duty on our part. The burden of proof for the existence of gross negligence or intent rests with the injured party.

F. Place of performance/place of jurisdiction/choice of law

1. The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is our branch.

2. For contracts with registered merchants, the place of jurisdiction shall be the court responsible for our branch, with the proviso that we are also entitled to sue at the place of the buyer's registered office or branch.

3. If the buyer does not have a general place of jurisdiction within Switzerland, or if he or she relocates his or her place of residence or habitual abode outside of the Swiss jurisdiction after conclusion of the contract, our branch office shall be the place of jurisdiction. This also applies if the buyer's place of residence or habitual abode is unknown at the time the action is filed.

4. Swiss law applies.

5. The application of the Uniform Law on the Formation of International Sales Contracts for Movable Goods and the Uniform Law on the International Sale of Movable Goods of the UN Convention on Contracts for the International Sale of Goods is excluded.

G. Data storage/data protection

We would like to point out that personal and company-related data are stored and processed using IT in accordance with data protection regulations.

H. Dispute Resolution & European ODR Platform

1. Since 9 January 2016, the EU Regulation on Online Dispute Resolution has provided consumers with the opportunity to settle disputes with businesses relating to service or online sales contracts out of court via an online dispute resolution platform (ODR platform).

2. Information on the Consumer Dispute Resolution Act (VSBG)
Ambition AG does not participate in consumer dispute resolution proceedings before a consumer arbitration board. https://ec.europa.eu/consumers/odr/
As of: April 16, 2019

Ambition AG
Oberdorfstrasse 11
CH-8505 Dettighofen
Further information about the AG can be found in the Imprint .

I. Other agreements

Should any provision of these Terms and Conditions, including the following information on the right of withdrawal, be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by effective, enforceable provisions by way of interpretation. If replacement by way of interpretation is not possible, the statutory provisions shall apply as an alternative.

Credit check and scoring

If we make advance payments, e.g., when purchasing on account, we may obtain a credit report based on mathematical-statistical procedures from:

matrix consulting – a brand of Spiegel Gesellschaft für Forderungsmanagement mbH,
Böhringerstrasse 8
68307 Mannheim

For this purpose, we transmit the personal data required for a credit check to matrix consulting – a brand of Spiegel Gesellschaft für Forderungsmanagement mbH – and use the information received regarding the statistical probability of a payment default to make a considered decision regarding the establishment, implementation, or termination of the contractual relationship.

The credit report may contain probability values ​​(score values) calculated based on scientifically recognized mathematical and statistical methods, which include, among other things, address data. Your legitimate interests will be taken into account in accordance with legal provisions.

Our General Terms and Conditions are available for download as a PDF below.

General Terms and Conditions_1604_2019