Terms and conditions
General
1.1 These general terms and conditions (the "GTC") govern the contracts of sales entered into between On AG, Zurich, Switzerland ("On AG"), or any of its affiliates, as outlined below (hereinafter On AG, or its respective affiliate, referred to as "On") and its customers (the "Customer" or "you") purchasing products (the "Products") sold via web shop "www.on-running.com" (the "Site") operated by On AG or any other distribution channel of On. If you reside in Australia or New Zealand, these GTC govern the rights and obligations between On Oceania Pty Ltd, Victoria, Australia, and the Customer. If you reside in Brazil, these GTC govern the rights and obligations between On Brazil Limitada, São Paulo, Brazil, and the Customer. If you reside in Canada, these GTC govern the rights and obligations between On Running Canada Inc., Vancouver, BC Canada, Canada, and the Customer. If you reside in China, these GTC govern the rights and obligations between On Running Sporting Goods Company Ltd. (Shanghai) (昂跑体育用品(上海)有限公司) – Shanghai, China, and the Customer. If you reside in Hong Kong, Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, these GTC govern the rights and obligations between On Hong Kong Ltd., Hong Kong, and the Customer. If you reside in Japan, these GTC govern the rights and obligations between On Japan K. K., Japan, and the Customer. If you reside in the United Kingdom, Northern Ireland, Channel Islands, Falkland Islands, Aktokiri and Dhekelia, St Helena, Tristan de Cunha and Ascension, these GTC govern the rights and obligations between On Running UK Ltd, London, United Kingdom, and the Customer. If you reside in the USA, these GTC govern the rights and obligations between On Inc., Portland, USA, and the Customer. If you reside outside of above listed countries, the GTC govern the rights and obligations between On AG and the Customer. 1.2 Further information about On AG can be found on the Site in the Company information section of the FAQs (https://on.com/company-information).
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 On. 2.3 On issues a written acceptance confirmation of Orders (the “Purchase Confirmation”). The formation of a contract of sale between On 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 On 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, On will refund Customer the full amount without any interests and will not incur further liability to Customer. 2.5 If On 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 On 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 On in writing. Costs already incurred to On may be charged to the Customer.
3.1 Prices payable by Customer are those in the indicated currency and in effect at the time of acceptance of the Order by On 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). Further information regarding the shipping can be found on the Site in the Shipping section of the FAQs (https://www.on.com/faq/shipping). 3.3 On 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. For selected countries, payments by invoice or instant bank transfer via Klarna or Billpay may be offered. Further information on the methods of payment accepted by On can be found on the Site in the Payment section of the FAQs (https://www.on.com/faq/orders#what-payment-methods-do-you-accept). 3.5 On will charge credit or debit cards upon shipment of the Products ordered. On reserves the right to verify credit or debit card payments prior to acceptance. 3.6 In case of default in payment, On shall be entitled to suspend all, or parts of, further deliveries to the Customer without further notice until payment has been received or secured. 3.7 If Customer resides in the EU, payments will be processed via On Cloud Service GmbH, Berlin.
4.1 Delivery methods and expected delivery time of Products may differ per country and are indicated on the Site in the Shipping section of the FAQs (https://www.on.com/faq/shipping). 4.2 Unless explicitly stipulated in writing by On, the delivery dates indicated by On shall only be non-binding estimates, made to the best of On's knowledge. Should a delivery be delayed beyond the dates explicitly confirmed by On 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 On 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. On 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 On’s Customer service under support@on-running.com.
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 On and the Customer. 5.2 All Products will remain the property of On until Customer has paid all amounts owned to On in full under any Contract, including any costs. On 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.
6.1 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). You may find our contact details here: https://on.com/company-information. You may also use the form attached in Annex 1 for these purposes, but this is not required. 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. End of notice.
7.1 Without prejudice to the EU Customer’s statutory right of withdrawal as outlined in Section 6, Customer may cancel a Contract and return any delivered Product to On for any reason, provided that Customer notifies On in writing within thirty (30) calendar days of the delivery date. 7.2 To notify On 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 (https://on.com/faq/returns-and-exchanges). 7.3 The Products must be returned to On in their original condition, meaning unused, undamaged, clean and in the original packaging. 7.4 Once Customer has notified On about its intention to cancel the Contract and return the Products in accordance with the Sections 7.1 to 7.3 above, any sum debited by On will be refunded within thirty (30) calendar days of the receipt of the returned Product at On's warehouse. 7.5 Customer may exchange the ordered Product for another Product under certain conditions fully at On's discretion and as further described on the Site in the Returns and exchanges section of the FAQs (https://on.com/faq/returns-and-exchanges). Exchange is always subject to stock availability. The Product to be exchanged must be returned in accordance with On's return policy set out in Sections 7.1.-7.4 above.
8.1. For defects resulting from production or material errors, On shall provide the customer with a replacement product free of charge. 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 (https://on.com/warranty-claims). All claims will be assessed on a case by case basis. All On 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 On website.
9.1 On shall only be liable for direct damages and only if the Customer proves that On, its auxiliaries, or any third parties instructed by On, have acted with gross negligence or with unlawful intent. In any event, On's liability shall be limited to the purchase prices of the relevant Product under the Contract. 9.2 Any further liabilities of On, its auxiliaries, or any third parties instructed by On, 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.
10.1 On complies with all data protection laws and will use personal data of the Customer only as set out in On's Privacy Policy (https://on.com/privacy-policy).
11.1 The Contract language is English and the English version shall prevail. Contract documents in a language other than English are provided for informational purposes only. 11.2 Our license numbers are as follows (1) for packaging waste: FR268987_01lWEE (CITEO) and (2) for product waste FR268987_11SSSU (Refashion). 11.3 On may transfer, assign, or sub-contract all or any rights and obligation under these GTC and any Contract. Customer may not sub-contract, assign or otherwise transfer any of its rights or obligations under these GTC or any Contract without the written consent of On. 11.4 Failure by On to enforce at any time any of the provisions of these GTC shall not in any way be construed as a waiver of such provision, nor in any way affect the validity of the GTC or any right thereunder. 11.5 On shall not be liable for its failure or delay in performing its obligations under these GTC in and to the extent that such failure or delay is due to reasons beyond its control (including without limitation floods, storms, fires, earthquakes, pandemics, war, terrorism, governmental restrictions, strikes). 11.6 If any provisions of these GTC are found to be invalid, illegal, or unenforceable the remaining provisions shall not in any way be affected or impaired thereby. On and Customer shall agree a replacement provision, which is as close as is legally permissible to the provision found invalid, illegal, or unenforceable, and which achieves as closely as possible the effects of the original provision. 11.7 Customer waives the right to offset any claims against On. 11.8 On reserves the right to modify these GTC from time to time. The GTC in force at the time the Customer places its Order shall apply.
12.1 Contractual relations covered by these GTC between On 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 On and the Customer shall be submitted to the exclusive jurisdiction of the courts of Zurich, Canton of Zurich, Switzerland. On shall be entitled to alternatively sue the Customer at the competent court at Customer's domicile. 12.2 The choice of law and jurisdiction in Section 12.1 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 On to the competent courts of the Customer’s place of residence. 12.3 Any statutory rights which the Customer may have, and which cannot be excluded or limited, will not be affected by these GTCs. Version dated June 2022
If you wish to make use of your right to withdraw from the Contract within the Notice Period, you may complete this form and send it to us via post or email. You may find our contact details here: https://on.com/company-information. Withdrawal Form I hereby give notice that I wish to withdraw from my Contract. The Order details are as follows: - Order Number: - Ordered On*/ Received On*: - Name of Customer: - Address of Customer - E-Mail Address of Customer: - Date: Signature of Customer* (only required if this form is submitted via post, otherwise this can be left blank): ________________________________ * Delete as appropriate.
Payment
A. Key elements to be included in the General Terms and Conditions of the Retailer § 1 Forms of Payment (1) Purchase on account When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill. The purchase on the account does not apply to all offers and requires a successful credit check performed by Klarna or its group company Billpay GmbH respectively (hereinafter also referred to as Billpay). Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our payment claims to after the completion of a sales contract. As payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions of Billpay GmbH apply. In the event that you do not fulfill your payment obligations, following the lapse of your payment period and without any further notice you will land in default and the default interest of 8% will be due. Billpay reserves the right to charge per payment reminder a reminder fee of up to CHF 30.00 as well as additional fees, in particular the costs of a possible debt collection process. In addition, Billpay may, in the future, refuse providing payment methods for contracts of sales, including those with other merchants. The General Terms and Conditions of Billpay GmbH apply. § 2 Limitation of ownership; Compensation; Right of retention (1) For consumers, we reserve the right of ownership for purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties. (2) A right of compensation is only available to you, if your counterclaims are established legally or recognized or accepted by us. Additionally, you only have a right of retention, so long as your counterclaim is based on the same contract. (3) If the customer has any remaining default payments due to us, all existing receivable are due immediately. B. Key elements that must be included in the privacy policy of the shop. § 3 Identity and credit check by selection of Billpay payment methods When you choose a payment method provided by our partner Billpay GmbH, you will be asked during the checkout process to consent to providing data required for payment processing as well as for identity and credit checks conducted by Billpay. After granting consent, your data (first and last name, street, house number, postal code, city, date of birth, telephone number and bank account details for direct withdrawal) and other data associated with your order will be transmitted to Billpay. For the purpose of a specific identity and credit check, Billpay or a partner company authorized by Billpay transfers data to credit reporting agencies (credit bureaus) and obtains from this information, and when necessary additional information, on credit checks based on mathematical and statistical methods. This credit check is influenced by your place of residence. Detailed information on this and employed credit agencies can be found in Billpay’s (GmbH) privacy policy. Furthermore, Billpay utilizes a third party for the settlement and prevention of fraud when necessary. Data gained from this third party is encrypted so that the stored data is only accessible to Billpay. This data will only be used when you select a payment option in cooperation with Billpay; otherwise the data will automatically expire after 30 minutes.
Cyclon™
1.1. These general terms and conditions (the "GTC"), together with any supplemental rules and regulations, such as the Privacy Policy, govern your (hereinafter “you” or "Customer") subscription to Cyclon. Cyclon is a programme that is operated and offered by On AG, Zurich, Switzerland or any of its affiliates, as outlined below (hereinafter referred to as "On" or “we”) regarding the delivery and use of certain products (the "Products") over a certain period of time. If you reside in Australia or New Zealand, these GTC govern the rights and obligations between you and On Oceania Pty Ltd, Victoria, Australia. If you reside in Brazil, these GTC govern the rights and obligations between you and On Brazil Limitada, São Paulo, Brazil. If you reside in Canada, these GTC govern the rights and obligations between you and On Running Canada Inc., Vancouver, BC Canada, Canada. If you reside in Japan, these GTC govern the rights and obligations between you and On Japan K. K., Japan. If you reside in the USA, these GTC govern the rights and obligations between you and On Inc., Portland, USA. If you reside outside the above listed countries, the GTC govern the rights and obligations between you and On AG, Zurich, Switzerland (“On AG”). 1.2. Further information about On AG can be found in the Company information section of the FAQs (https://on.com/company-information).
2.1. Under the Cyclon subscription, On may supply you with a certain number of Products over a certain period of time as further outlined in Section 5 (each a "Subscription Plan") as further described in On’s web shop https://www.on.com. 2.2. The presentation of the Products, the Subscription Plans and the indications of the respective prices on the Site do not constitute legally binding offers but are non-binding invitations to place an order. 2.3. You first have to register a user account via the Site, in order to request to subscribe for a Subscription Plan and by clicking the “Pay” button, you are placing a binding offer to subscribe for the Products in your shopping cart (the "Order"). 2.4. Any Order is subject to acceptance by On and is subject to product availability. On may at its own discretion refuse to accept or may cancel any Order, whether or not the Order has been confirmed, without providing any reasons and with no liability to you or any third party. If you have already paid for the Order, On will refund the full amount without any interests and On will not incur further liability. 2.5. Acceptance of an Order and the formation of a subscription contract between you and On (the "Contract") will take place only upon the earlier of: (a) On issuing written acceptance confirmation of the Order (b) receipt of confirmation that the first Products under the Subscription Plan have been shipped to you; or (c) the delivery of the first Products according to the Subscription Plan to you. Such confirmation(s) or delivery of the Products shall determine the relevant subject matter and extent of the Contract. 2.6. The prices of the Subscription Plans are subject to change, e.g. prices may be increased between the date of an Order and the date of delivery by On. In such cases, you may refuse the delivery of the Products and On shall refund the purchase price for such Subscription Plan, if already paid; further claims are excluded. 2.7. Modifications or cancellations of the Order are only valid if confirmed by On (i.e. via email), whereby you may be charged for costs already incurred by On.
3.1 If you secured your place for a Subscription Plan before the official launch date, then you were required to make a down-payment during the submission of the Order (the "Down-Payment"). In this instance, the official launch date (the “Launch Date”) will be communicated to you via email. 3.2 You hereby acknowledge that the payment of the Down-Payment is not a guarantee to be admitted to Cyclon, but a condition precedent for an acceptance by On of your Order. The Down-Payment covers the first month’s Subscription Fee, once the subscription programme has launched.
4.1 Each Subscription Plan is subject to an automatic, recurring monthly subscription fee, which is based on the Subscription Plan you choose (the “Subscription Fee”). In accordance with the provisions as outlined in Section 3.1, the Down-Payment (if any) will be used as your first monthly Subscription Fee. Otherwise, the first time such monthly Subscription Fee is charged is upon the formation of the Contract as per Section 2.5 above. 4.2 The current monthly pricing for a respective Subscription Plan can be found on the respective Cyclon product page or via this link https://on.com/faq/cyclon. Prices payable are those in the indicated currency and in effect at the time of formation of the Contract as per Section 2.5. Prices indicated on the Site include value added tax but exclude shipping costs (where applicable) and import duties (where applicable). 4.3 On reserves the right to change, limit or terminate any special offers or discounts at any time. 4.4 On reserves the right to update or change the prices or other charges associated with the Subscription Plan. On will provide you with notice of such changes, such as by email or a notice posted on the Site, at least 30 days before the change will take effect. 4.5 Payments may be made by credit card or any other payment method accepted by On at the time the Order is placed. By providing a credit card or other payment method that On accepts, you represent and warrant that you are authorised to use the designated payment method and that you authorise On (or its third-party payment processor) to charge you for the Down-Payment and / or on a monthly basis on the anniversary of your Order for the Subscription Fees of your Subscription Plan (in addition to any applicable taxes or other charges). You acknowledge that the amount charged may vary due to promotional offers, preferences you select, changes you make to your Subscription Plan or changes in applicable taxes or other charges. Your Subscription Plan, and the associated charges, will continue until your Subscription Plan is terminated or cancelled in accordance with these GTC. 4.6 On reserves the right to verify credit or debit card payments prior to acceptance. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems and any outstanding balances before On proceeds with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account on the Site. If an outstanding payment is not successfully settled, you remain responsible for any uncollected amounts and authorise us to continue billing the payment method, as it may be updated. 4.7 If an outstanding payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your Subscription Plan until we receive a valid payment. 4.8 If you reside in the EU, payments will be processed via On Cloud Service GmbH, Berlin.
5.1 If you have subscribed to a Subscription Plan before the Launch Date in accordance with the provisions as outlined in Section 3.1, then either party has the right to terminate the Contract at any time before the Launch Date with immediate effect (“Premature Termination”). In case of Premature Termination, you will receive a full refund of the Down-Payment. 5.2 A Subscription Plan is entered into for a fixed initial term of six (6) months as of the Contract formation according to Section 2.5 (the “Initial Term”). 5.3 After the Initial Term, the Subscription Plan will automatically continue indefinitely and may be terminated by any party at any time. You can terminate your Subscription Plan by logging into your user account on the Site. 5.4 Whenever a Contract is terminated, the termination will become effective at the end of the then current subscription period ("Termination Effective Date"). If the Subscription Plan is not terminated before it renews for a subsequent month, you will be charged for the next month's Subscription Fee. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any termination, you will continue to have access to the services until the Termination Effective Date. 5.5 In case of termination of the Contract, any Product that has been shipped and delivered must be returned within thirty (30) calendar days of the Termination Effective Date according to the process described on the Site https://on.com/faq/cyclon. 5.6 If you do not return the Products in accordance with Section 5.5, you will be charged with liquidated damages in the amounts as outlined in Annex 2 attached hereto. You hereby authorise On (or a third-party payment processor) to charge the payment method designated by you with the liquidated damages amount (in addition to any applicable taxes or other charges).
6.1 Delivery of the Products is only possible in selected countries where Cyclon is made available. You may find a list of countries where Cyclon is available on the following website: https://on.com/faq/cyclon 6.2 Delivery methods and expected delivery time of Products may differ per country and are indicated on the Site in the shipping section of the FAQs (https://www.on.com/faq/shipping). 6.3 Unless explicitly stipulated in writing by On, the delivery dates indicated shall only be non-binding estimates, made to the best of On's knowledge. Should a delivery be delayed beyond the dates explicitly confirmed by On, you may set a grace period of at least fifteen (15) business days. After expiry of such grace period, you may withdraw from the respective Order and On shall refund the purchase price for such Products, if already paid; further claims are excluded. 6.4 On shall be entitled to partial deliveries, and the Customer hereby accepts partial deliveries. 6.5 No warranty is being given for all technical data and information regarding the delivery. On shall not be liable for any damage which might arise because of deviations thereof. 6.6 If you notice at delivery that the Products ordered have been damaged during transport, the employee of the carrier delivering the Order should be notified and On’s Customer service contacted under https://on.com/contact-us. Not notifying the carrier or On about Products damaged during transport, would however not affect your warranty rights as per Section 11 below, however this helps On raise a claim against the carrier or the transport insurance.
7.1 If you change your address at any time during your Subscription Plan, you must update your personal details by logging into your user account on the Site. It is not possible to change your address for Products which have already been shipped to you and are in transit. 7.2 As outlined in Section 6.1, the Subscription Plan is only made available in selected countries. You agree that On will not be held responsible for failure to deliver the Products if you have provided us with an incorrect address, failed to update your address or if your new address is in a country where Cyclon is not available. 7.3 If you are relocating to a different country, there may be a Subscription Fee change for your Subscription Plan. You will be notified about any price changes in your user account after you update your address. The adjusted Subscription Fee will be charged during the next billing cycle. 7.4 In certain circumstances, your Subscription Plan may be terminated and you might be required to register for a new subscription at your new address (for example, if you are moving to a country with a different currency). With respect to the termination of your ongoing Subscription Plan in this instance, the provisions as outlined in Sections 5.4 - 5.6 apply. 7.5 If you move to a country where Cyclon is not available, you are granted an extraordinary right to terminate the Subscription Plan, even if you find yourself within the Initial Term. You may be required to provide us with proof of your relocation which is satisfactory to us, in order to terminate your Subscription Plan. With respect to the termination of your ongoing Subscription Plan in this instance, the provisions as outlined in Sections 5.4 - 5.6 apply.
8.1 All Products will remain the property of On during the entire term of the Contract. On may register its title in the respective title retention register, if any. You may not sell, dispose, or encumber any Products at any time. You only have the right to exclusively use the Products for your personal use. 8.2 You may return the Products to On when the criteria as defined in your Subscription Plan (which might be time / distance / wear conditions) have been achieved. For example, you may want to return a Product after 6 months of use in exchange for a New Product, as further outlined in the section below. 8.3 Whenever you believe that a criteria for requesting a new Product (the "New Product") under the Subscription Plan has been achieved, you may order a New Product using the respective form on the Site. The New Product will be delivered according to Section 6 and the packaging provided together with such New Product shall be used by you to send back the old Product within thirty (30) calendar days of the delivery date of the New Product. 8.4 If you do not return the Products in accordance with Section 8.3, you may be charged with liquidated damages in the amounts as outlined in Annex 2 attached hereto. You authorise On (or its third-party payment processor) to charge the payment method designated by you with the liquidated damages amount (in addition to any applicable taxes or other charges). Additionally, On may immediately terminate the Contract without any refund of Subscription Fees already paid and with no liability to you or any third party. 8.5 The total number of New Products, which may be shipped to you within one contractual year, is outlined on the Site.
9.1 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), first 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). You may find our contact details here: https://on.com/company-information. You may also use the form attached in Annex 1 for these purposes, but this is not required. To make use of your right of withdrawal, you must send your notice before the expiration of the Notice Period. 9.2 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. 9.3 Exclusions: The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to your specifications or are clearly personalised 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. End of notice.
10.1 Without prejudice to the EU Customer’s statutory right of withdrawal as outlined in Section 9, you may cancel a Contract and return any delivered Product to On for any reason, provided that you notify On in writing within thirty (30) days of the delivery date. 10.2 To notify On about such a return request and to initiate the return process, you must follow the process as described on the Site in the returns and exchanges section of the FAQs (https://on.com/faq/cyclon#returns-exchanges). 10.3 The Products must be returned to On in their original condition, meaning unused, undamaged, clean and in the original packaging. 10.4 Once you have notified On about the wish to return the Products in accordance with the Sections 10.1 to 10.3 above, any sum debited by On will be refunded within thirty (30) days of the receipt of the returned Product at On's warehouse. 10.5 You may exchange the ordered Product under certain conditions at On's discretion and as further described on the Site in the returns and exchanges section of the FAQs (https://on.com/faq/cyclon#returns-exchanges). Exchange is always subject to stock availability. The Product to be exchanged must be returned in accordance with On's return policy set out in Sections 10.1 - 10.3 above.
11.1 For defects resulting from production or material errors, On shall provide a replacement product free of charge. All further warranty or guarantee claims are hereby expressly excluded. Your obligations 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. 11.2 To exercise a warranty claim, you must fill out the complaint form with all the necessary information and submit this along with the evidence required (https://on.com/warranty-claims). All claims will be assessed on a case by case basis. All On 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 On website.
12.1 A Subscription Plan can only be placed on hold if a desired size is out of stock. If you order a Product that is unavailable, then On will put the active Subscription Plan on hold and will pause the monthly payments until the Product becomes available. 12.2 You may request to pause your Subscription Plan on one (1) occasion for a period of one (1) month, for example, in the scenario where you have injured yourself. Upon request, On will issue a credit of max. one (1) month’s Subscription Fee to your user account. The Subscription Plan will however remain “active” during this time and the payments will immediately resume after the voucher credit has been exhausted.
13.1 On shall only be liable for direct damages and only if you can prove that On, its auxiliaries, or third parties instructed by On, have acted with gross negligence or with unlawful intent. In any event, On’s liability shall be limited to the Subscription Fee of the relevant Product under the Contract. 13.2 Any further liabilities of On, its auxiliaries, or any third parties instructed by On, 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.
14.1 On complies with all data protection laws and will only use your personal data as set out in On's Privacy Policy (https://on.com/privacy-policy).
15.1 The Contract language is English and the English version shall prevail. Contract documents in a language other than English are provided for informational purposes only. 15.2 On may transfer, assign, or subcontract any and all rights and obligations under these GTC and any Contract. You may not subcontract, assign or otherwise transfer any of its rights or obligations under these GTC or any Contract without the written consent of On. 15.3 Failure by On to enforce at any time any of the provisions of these GTC shall not in any way be construed as a waiver of such provision, nor in any way affect the validity of the GTC, any right thereunder. 15.4 On shall not be held responsible for its failure or delay in performing its obligations under these GTC or the Contract in and to the extent that such failure or delay is due to reasons beyond its control (including but not limited to floods, storms, fires, earthquakes, and pandemics), war, terrorism, governmental restrictions, or any other circumstance beyond the reasonable control of On and not due to any fault or negligence of On. 15.5 If any provisions of these GTC are found to be invalid, illegal, or unenforceable the remaining provisions shall not in any way be affected or impaired thereby. The parties shall agree upon a replacement provision, which is as close as is legally permissible to the provision found invalid, illegal, or unenforceable, and which achieves as closely as possible the effects of the original provision. 15.6 You hereby waive the right to offset any claims against On. 15.7 On reserves the right to modify these GTC from time to time. The GTC in force at the time you place an Order shall apply.
16.1 Contractual relations covered by these GTC between On 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 On and the Customer shall be submitted to the exclusive jurisdiction of the courts of Zurich, Canton of Zurich, Switzerland. On shall be entitled to alternatively sue the Customer at the competent court at Customer's domicile. 16.2 The choice of law and jurisdiction in Section 16.1 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 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 your contractual relationship with On to the competent courts of your place of residence. 16.3 Any statutory rights which you may have, and which cannot be excluded or limited, will not be affected by these GTCs. Version dated May 2022
If you wish to make use of your right to withdraw from the Contract within the Notice Period, you may complete this form and send it to us via post or email. You may find our contact details here: https://on.com/company-information. Withdrawal Form I hereby give notice that I wish to withdraw from my Contract. The Order details are as follows: - Order Number: - Ordered On*/ Received On*: - Name of Customer: - Address of Customer - E-Mail Address of Customer: - Date: Signature of Customer* (only required if this form is submitted via post, otherwise this can be left blank): ________________________________ * Delete as appropriate.
Currency -- Liquidated Damages Amount: INR -- 7,300.00 ILS - 460.00 MYR -- 390.00 NZD -- 180.00 PHP -- 5,160.00 SGD -- 150.00 KRW -- 126,000.00 THB -- 3,300.00 AUD -- 150.00 IDR -- 1,330,000.00 TWD -- 2,600.00 USD -- 100.00 CAD -- 115.00 GBP -- 80.00 EUR -- 100.00 HKD -- 830.00 JPY -- 11,250.00 CHF -- 115.00 DKK -- 830.00 NOK -- 1,200.00 SEK -- 1,000.00 BRL -- 550.00
Gift Cards
1. Physical and digital Gift Cards can be redeemed at on.com, on-running.com, Onward, or any On store within the country and in the currency that the card was purchased. Gift Cards are available in the currencies below and cannot be swapped for a different currency. The balance of the Gift Card can be checked online using the following links: USD, EUR, CHF, GBP, and CAD.
Please note: While physical Gift Cards are available in the On Tokyo Flagship Store, digital Gift Cards are not available in Japan, so many of the rules below won’t apply. For further information, we ask you to contact our On Tokyo Flagship Store Team or the Happiness Delivery Team here.
2. Gift Cards cannot be exchanged for cash and cannot be used to purchase a new Gift Card.
3. Discounts may not be applied to buy a Gift Card. But, Gift Cards can be used to purchase discounted products.
4. Gift Cards have no expiration date.
5. Gift Cards cannot be returned for a refund.
6. If you return a product in an On retail store purchased with a Gift Card (digital or physical), the amount will be refunded in the form of a new physical Gift Card. If you return a product via our online Happiness Delivery Service that was purchased with a Gift Card (digital or physical), the amount will be refunded in the form of a new digital Gift Card.*
7. If you are returning a product purchased with multiple Gift Cards (physical or digital), the refund will be credited to a single new Gift Card (physical or digital depending on the country of return – see point six). If two payment methods were used, i.e. a combination of (1) card payment with (2) a physical or digital Gift Card, then the payment method number (1) will be refunded first. A new Gift Card will be issued for any remaining balance (physical or digital depending on the country of return – see point six).
8. Gift Cards will not be replaced in the event of loss, theft, or damage. On accepts no liability for any missing amounts on On Gift Cards due to theft or fraud.
9. On reserves the right to refuse, cancel, or hold Gift Cards and orders for review if there is any suspicion of fraud, incorrectly issued Gift Cards with incorrect values, or other violations of the guidelines applicable to Gift Cards.
*When returning a product via our online service that was purchased in any of our On retail stores in Switzerland or the UK (Europe excluded) and paid for with cash (partially or entirely), the refund of the cash payment will be done with a new digital Gift Card. In the US and Canada, the refund of the cash payment will be done in the form of a discount code redeemable only on our website.
Events
Unless otherwise defined in the special terms of the event as outlined on the event webpage or as communicated at or in connection with the event itself (the “Special Terms”): - Everyone who is of legal age (i.e. 18 years old) is eligible to participate in the event (the “Event”). - Participation in the Event is free of charge and does not require the purchase of a product or service. By participating, you agree to the Special Terms and to these general terms of participation (the “GTP”; Special Terms and GTP equal the “Terms”) fully and unconditionally. On reserves the right to exclude any participant from participating in the Event without providing any reasons.
By participating in the Event, you consent to interview(s), photography, audio recording, video recording, or any other recordings (the “Recordings”) and the release, publication, exhibition, or reproduction of these Recordings can be used for, including but not limited to, news, webcasts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose (the “Release”) by On and its affiliates. Recordings may be used to promote similar events in the future, to highlight the Event, or to exhibit the capabilities of On (or any of its partners). You release On and all persons involved from any liability and waive all rights you may have to any claims for payment or royalties in connection with the Recordings and/or the Release (including any claims connected with the taking, recording, digitizing, or publicizing of the Recordings).
On and/or any third party contracted by On in connection with the Event (the “Partners”) accept no responsibility for any damage, loss, liabilities, injury, or disappointment incurred or suffered by any participant as a result of entering and/or participating in the Event. Nothing in these Terms shall exclude the liability of On for fraud or fraudulent misrepresentation or for death or personal injury resulting from On’s negligence. You agree to indemnify, defend and hold harmless On and its Partners from and against any loss, expense, liability, damage, or claim (including reasonable attorneys’ fees) which may be asserted by a third party that arises out of your negligence or willful misconduct and omission.
You acknowledge that by participating in the Event certain risks may be encountered. By agreeing to the Terms, you confirm to be adequately insured and to have accident insurance.
By registering for or participating in the Event, you acknowledge and consent to the processing of your personal data in accordance with On’s Privacy Policy.
If minors participate in the Event, the participant assures that he/she has also obtained the consent of the legal representatives (parents/legal guardian) beforehand. The respective parent/legal guardian confirms to adhere and agree to the terms and conditions herein, including but not limited to release and hold On and its Partners harmless of any claims in accordance with the terms and conditions herein. There shall be no correspondence relating to this Event or the Terms. On has the right to cancel or terminate the Event at any time without prior notice and without providing any reasons. On reserves the right to change or amend the Terms at any time. The Event and the Terms will be governed by the laws of Switzerland without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Exclusive place of jurisdiction for all controversies and claims is Zurich, Switzerland.
Terms of Use
Updated February 2022 - These terms of use (as amended from time to time, the "Terms") together with any supplemental rules and regulations, such as the Privacy Policy and the Terms and Conditions, govern your access to and use of the services available on the website (the "Website") operated by On AG, with registered office in Zurich, Switzerland (Commercial registry number CHE-115.332.641; "On" or "we"). Your access to and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the Website or using our services you agree to accept and be bound by the Terms. In case you do not agree to any part of the Terms, you are not authorised to continue using the Website or related services. - The form, nature and functionalities of the Website may change from time to time without prior notice to you. Also, we may discontinue temporarily or permanently operating the Website or any features within the Website towards you or towards users generally at any time and may not be able to provide you with prior notice. - We reserve the right at all times (but we will not have an obligation) to remove or refuse to compile any information or personal data and to suspend or terminate users and close their user accounts. If and to the extent we deem it necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of On, its users or the public, we reserve the right to access, read, preserve and disclose any related information or personal data. Accounts that are inactive for more than [twelve months] may be removed without prior notice. You acknowledge that these Terms remain in effect even after your account is terminated or you have stopped using the Website. - You are responsible for safeguarding the password you use to access your account and for any actions taken by using your password. On requires you to use 'strong' passwords (i.e. passwords combining upper and lower case letters, numbers and symbols) and set a minimum of 6 characters for a valid password. Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you forget your password, please use the reset your password feature on the login screen. - There are limitations on the use of the Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the Website the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our Website will be tolerated. Any violation of these rules may lead to a temporary or permanent suspension or deletion of your account. - Unlawful Use: You shall not use the Website or any information or personal data provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content. - Unauthorized Access: You shall not do any of the following while accessing or using the Website: (i) access, tamper with or use non-public areas of the Website (except for your own account) on computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Website or any information or personal data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network. - No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the Website content or its design and look or any information derived from the Website. You are not entitled to modify or redistribute the Website content or its design and look or any information or to reproduce, store, link, frame or deep-link it on any other Website or in any other medium or format without our prior express consent. Further, you shall not use the Website for commercial exploitation in any circumstances. - No Malicious Software and Content: You shall not provide any malicious content intended to damage or disrupt another user's browser or computer or to compromise any user's privacy> - Respect for Privacy of Third Parties: You shall not disclose other people's personal data without their prior expressed consent. - All copyright, trademark, design, database right, patent and other intellectual property right, title and interest in and to the Website will remain the exclusive property of On and its licensors. The elements of the Website, including without limitation the general design and the imagery are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of both Switzerland and/or foreign countries. Without our prior written consent, nothing in these Terms gives you a right to use On's name or any of On's trademarks, logos, domain names or other distinctive brand features. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, On will have the right to claim damages against you which shall include, without limitation, the right to claim direct, indirect or consequential damages and loss of profits. - While we endeavour to ensure the accuracy of the information or personal data provided, to the maximum extent permissible under applicable laws, neither On nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any acts or omissions related to, or errors in, the information or personal data or for any loss or damages which may subsequently arise. - Any information or personal data transmitted via the Website will pass over public telecommunications networks. While On undertakes reasonable best efforts to protect the operation of the Website and any transmission of information or personal data, On does not give any representation, warranty or undertaking that the operation of the Website or any transmission of information or personal data will be secure, uninterrupted or error free. - The Website may contain links to third-party apps, websites, social media platforms, materials or other products and services supplied by or contained on any third-party app, website or social media platform, which are linked from or to the Website ("Third Parties"). Even though you may be able to connect to such Third Parties from the Website, these Third Parties are subject to separate terms of use and privacy policies. On does not accept any responsibility or liability for (i) the availability or accuracy of such Third Parties or (ii) the content, products or services on or available from such Third Parties. Links to such Third Parties do not imply any endorsement by On of such Third Parties or the content, products or services available from such Third Parties. You acknowledge sole responsibility for and assume all risks arising from your use of any such Third Parties. - If you elect to receive marketing text messages from us, either via our website or by send-ing a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network opera-tor. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures. - On provides the content and functionalities of the Website and any information in good faith, but your access to and use of the Website is at your own risk. On operates the Website on an 'as is' and 'as available' basis without representation or warranty of any kind, whether express or implied, including without limitation of merchantability, fitness for a particular purpose, availability on an uninterrupted, secure or error-free basis or non-infringement of any copyrights, trademarks, designs, database rights, patents or other intellectual property rights in the jurisdiction in which you access and/or use the Website. On gives no representation, warranty or undertaking for information or advice, whether oral or written, obtained from On or the Website, for the completeness, accuracy, timeliness, security or reliability of the Website, or that the information provided is of satisfactory quality, up-to-date or free from viruses, trojans or other harmful or malicious programs. On will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the Website or for the deletion of, or the failure to store or to transmit, any data or information and other communications. - On and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of the Website or consequences of such decisions, even if communicated through the Website or the use of other On services, or the information or personal data provided and shall, to the maximum extent permissible under applicable laws, not be liable for any losses or damages, whether direct, indirect, incidental, special, consequential or punitive, including without limitation loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website, (ii) the use of any information, and (iii) any unauthorized access, use or alteration of your transmissions of information or personal data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether On has been informed in advance about the possibility of such damage. To the maximum extent permissible under applicable laws, you hereby waive any claim you may have or acquire against On or any of its directors, officers, employees, agents, partners, affiliates and licensors, and will indemnify and hold On and any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, damages and losses arising out of or in connection with your use of the Website or the information or personal data provided. - The failure of On to enforce any rights or provisions of these Terms shall not be deemed to be a waiver of such rights or provisions. - These Terms, together with any supplemental rules and regulations, such as the Privacy Policy and the Terms and Conditions, constitute the entire and exclusive agreement between On and you regarding the use of the Website, and shall supersede and replace any prior agreements between On and you regarding the use of the Website. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. - You are only allowed to access the Website if you are entitled to enter into a binding contract with On and are not a person barred from accessing the Website according to applicable law. You undertake to access the Website solely in compliance with these Terms and all applicable rules and regulations. The Website is not directed to any person to whom (by reason of such person's nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons to whom such restrictions apply must not access the Website. If you choose to access the Website you are solely responsible for compliance with any applicable laws. - These Terms and the use of the Website shall in all respects be governed by substantive Swiss law. Any dispute arising out of or in connection with these Terms and/or the use of the Website shall be subject to the exclusive jurisdiction of the ordinary courts in Zurich, Canton of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. - We may revise these Terms from time to time. The most current version will be available on our Website (https://www.on.com). Revised Terms shall become effective from the date of publication on the Website. By continuing to access the Website after those revisions become effective, you agree to and accept to be bound by the revised Terms.