Onward General Terms and Conditions of Sale
General
Version dated September, 2022 1.1. These general terms and conditions (the "GTC") govern the contracts of sales entered into between On Inc, Portland, USA ("On Inc"), or any of its affiliates (hereinafter On Inc, or its respective affiliate, referred to as "On") and its customers (the "Customer" or "you") purchasing products (the "Products") sold via our web shop (the "Site"). 1.2. All of the Products that we offer via the Site are pre-owned. 1.3. Further information about On can be found on the Site in the Company information section of the FAQs.
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. By clicking “Place Order”, you are placing a binding offer to purchase the Products listed in your shopping cart (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 you and On (the "Contract") will take place upon receipt of the Purchase Confirmation. The Purchase Confirmation shall determine the relevant subject matter and extent of the Contract, also where you paid for 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 you or any third party. If you have already paid for the Products, On will refund the full amount without any interests and On will not incur further liability. 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. You may only submit an Order for personal use. You may only purchase commercial quantities of Products with On’s prior written consent. On reserves the right to restrict, cancel or prohibit an Order, if the Order appears to be placed with an intent to re-distribute the Products. 2.7. You acknowledge 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, you may refuse the delivery of such Products and On shall refund the purchase price for such Products, if already paid; further claims are excluded. 2.8. 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. Prices payable by you 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 exclude shipping costs (where applicable), tax and import duties (where applicable). Further information regarding the shipping can be found on the Site in the Orders & Shipping section of the FAQs. 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 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 authorized to use the designated payment method and that you authorize On (or its third-party payment processor) to charge you for the Order. Further information on the methods of payment accepted by On can be found on the Site in the Payments, Returns and Refunds section of the FAQs. 3.5. On will charge credit cards upon shipment of the Products ordered. On reserves the right to verify credit 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 without further notice until payment has been received or secured.
4.1. Delivery methods and expected delivery time of Products may differ and are indicated on the Site in the Orders and Shipping section of the FAQs. You will also receive a tracking number with the shipping confirmation email. 4.2. 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. 4.3. On shall be entitled to partial deliveries, and you hereby accept 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. If you notice that at delivery the ordered Products have been damaged during transport, you must immediately notify the employee of the carrier delivering the Order and contact On’s Customer service under support@onward.on-running.com.
5.1. Unless agreed otherwise by the Parties, the risk of loss or damage to the Products will pass to you upon formation of the Contract between you and On. 5.2. All Products will remain the property of On until you have paid all amounts owed to On in full under any Contract, including any costs. On may register its title in the respective title retention register, if any. You may not sell, dispose, or encumber any Products before full title has passed to you.
6.1. It is not possible to exchange a Product. You may, however, cancel a Contract and return any delivered Product for any reason, provided that you notify On within thirty (30) calendar days of the delivery date. 6.2. To notify On about a return request and initiate the return process, you must follow the process as described on the Site in the Payment, Returns and Refunds section of the FAQs. 6.3. The Products must be returned to the exact address as indicated on the Site in the Payment, Returns and Refunds section of the FAQs. The Products must be returned in the condition that they were originally received and in the packaging originally provided by On. 6.4. Once you have notified On about your intention to cancel the Contract and return the Products in accordance with the Sections 6.1 to 6.3 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.
7.1. For defects resulting from production or material errors, On shall provide a replacement product or a refund. The Products available on the Site are pre-owned and usual signs of use must be expected and do not constitute a defect. Further warranty or guarantee claims are therefore hereby expressly excluded. Your obligation to inspect the wares and declare any defects (that is, defects outside the usual signs of use due to the second hand nature of the Product), 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. 7.2. To exercise a warranty claim, you must reach out to support@onward.on-running.com. 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 Site.
8.1. 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. 8.2. 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.
On complies with all data protection laws and will only use your personal data as set out in On's Privacy Policy.
10.1. The Contract language is English and the English version shall prevail. Contract documents in a language other than English (if any) are provided for informational purposes only. 10.2. On may transfer, assign, or sub-contract all or any rights and obligations under these GTC and any Contract. You 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. 10.3. 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 or any right thereunder. 10.4. 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) or any other circumstance beyond the reasonable control of On and not due to any fault or negligence of On. 10.5. 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. 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. 10.6. You hereby waive the right to offset any claims against On. 10.7. 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.
11.1. Contractual relations covered by these GTC between you and On shall be governed by and construed in accordance with the domestic laws of the State of Oregon, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would defer to, or cause the application of, the substantive laws of another jurisdiction. On shall be entitled to alternatively sue at the competent court at Customer's domicile. 11.2. Any statutory rights which you may have, and which cannot be excluded or limited, will not be affected by these GTCs.
Onward Digital Gift Card 1. Onward Digital Gift Cards can be redeemed at onward.on-running.com and on-running.com within the country and currency that the card was purchased. Please note that at the moment Onward is only available in the US. The amount of your Onward Digital Gift Card cannot be exchanged for cash, nor can it be used to purchase a new Onward Digital Gift Card. 2. Onward Digital Gift Cards have no expiration date. The remaining amount of a Onward Digital Gift Card can be checked online using the link as indicated here: USD 3. If you return a product that was originally purchased with a Onward Digital Gift Card, the amount will be refunded to the Onward Gift Card used or credited to a new Digital Gift Card. If you are returning a product that was purchased with multiple Onward Digital Gift Cards, the refund will be credited to the last Onward Gift Card purchased or to a new Digital Gift Card. 4. We will process any refunds using the same means of payments as you used for the Order. 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). 5. Onward Digital Gift Cards will not be replaced in the event of loss, theft or damage. On accepts no liability for any missing amounts on Onward Digital Gift Cards due to theft or fraud. 6. On reserves the right to refuse, cancel or hold Onward Digital Gift Cards and orders for review if there is any suspicion of fraud, incorrectly issued coupons with incorrect values or other violations of the guidelines applicable to digital gift cards.