Terms and Conditions

Oberdorfstrasse 24

3296 Arch | Switzerland

Company Number

CHE-321.332.662

Phone

+41 32 679 11 05

Status

Official Watson Gym Equipment Distributor for Switzerland & Liechtenstein

Version

August 2026

1. Scope of Application

These General Terms and Conditions (“GTC”) govern all contractual relationships between Charly Burger et Fille GmbH (the “Company”) and its clients (the “Client”).

They apply in particular to the supply of individually configured gym equipment, accessories and specialist flooring, as well as consultation, equipment planning, delivery, installation, aftercare and related services.

Individual quotations, order confirmations and project agreements take precedence over these GTC. Any deviating terms and conditions of the Client shall apply only if expressly accepted by the Company in writing.

2. Services

The Company supplies professional gym equipment, cardio equipment, dumbbells, weight plates, kettlebells, training accessories, storage solutions and specialist flooring. Depending on the agreed project scope, services may also include consultation, equipment selection, layout guidance, individual finishes, material and colour coordination, logistics, delivery, installation and aftercare.

The Company is the official Watson Gym Equipment distributor for Switzerland and Liechtenstein. British Splendour is its luxury label for design-conscious equipment solutions for private residences, hospitality environments and other exceptional projects.

Unless expressly agreed otherwise, the Company does not provide architectural, structural, electrical or interior-design services. Where architects, interior designers or other specialists are involved, the Company supplies equipment-specific advice and coordinates within the design and technical direction established by the appointed project professionals.

The exact scope of services shall be defined in the respective offer, quotation or project agreement.

3. Conclusion of Contract

Offers and project proposals are non-binding and remain valid for the period stated in the respective document, unless explicitly designated otherwise.

A contract is concluded when the Company issues a written order confirmation or when a quotation is accepted in writing by the Client and the Company confirms the order. Email is sufficient for the purposes of written communication under these GTC.

Changes requested after conclusion of the contract are subject to feasibility, additional cost and possible changes to the delivery schedule. They become binding only after written confirmation by the Company.

4. Prices and Payment Terms

Prices are quoted in Swiss Francs (CHF). The applicable quotation specifies whether VAT, delivery, installation, customs duties, access-related costs and other project expenses are included or charged separately. Mandatory price-disclosure requirements for consumers remain reserved.

Unless agreed otherwise in writing:

• 60% deposit upon order confirmation

• 40% balance payment no later than 14 days before the scheduled delivery or installation

Production, customisation or procurement begins only after receipt of the deposit and all information required for the order. Delivery or installation takes place only after full payment has been received, unless otherwise agreed in writing.

Invoices are payable without deduction by the due date stated. The Client is in default upon expiry of the due date without further notice. The Company may suspend production, delivery or other services while overdue amounts remain unpaid, subject to mandatory law.

5. Individually Configured Products and Cancellation

Many products are manufactured, ordered or customised according to the Client’s individual specifications, including frame colours, upholstery, genuine leather, stitching, logos, finishes and project-specific dimensions.

Once production, customisation or procurement has begun, orders cannot be cancelled, changed, exchanged or returned without the Company’s written agreement. There is no voluntary right of withdrawal or return for individually configured products. Any mandatory statutory rights remain unaffected.

If the Company exceptionally accepts a cancellation, the Client remains responsible for work performed, products ordered, manufacturer charges, transport costs and other expenses already incurred. The deposit may be applied against these amounts.

6. Product Specifications and Materials

Product images, samples, renderings, colour representations and material descriptions are illustrative. Natural leather, timber and other materials may show variations in colour, grain, texture and ageing. Screen displays and photographs may also differ from the physical product.

Minor technical, dimensional or visual variations that do not materially impair the agreed function or character of the product do not constitute a defect, provided they are reasonable and customary.

7. Delivery and Installation

Delivery and installation are carried out according to the agreed project scope.

Delivery and production times are estimates unless expressly confirmed as binding in writing. Agreed periods begin only after receipt of the required deposit, final specifications, approvals and all information required from the Client or appointed project professionals.

Delays due to circumstances beyond the Company’s control, including manufacturer timelines, shortages, transport disruptions, customs procedures, strikes, official measures or force majeure, may extend delivery periods appropriately. Mandatory statutory rights remain unaffected.

The Client must ensure that access routes, doors, lifts, staircases, floor load capacity, room dimensions, power supplies and the installation area are suitable, complete and safely accessible on the agreed date. Additional work, waiting time, storage, repeated delivery or installation caused by unsuitable or incomplete site conditions may be charged separately.

Risk transfers to the Client upon delivery or, where installation is included, upon completion of installation, subject to mandatory law. If delivery or installation is delayed at the Client’s request or for reasons within the Client’s control, risk may transfer when the goods are placed into storage for the Client.

8. Inspection and Notification of Defects

The Client must inspect the delivered products and installation as soon as reasonably possible. Apparent transport damage, shortages or defects should be recorded on the delivery documentation and reported to the Company promptly in writing, together with photographs and a description where appropriate.

Hidden defects must be reported promptly after discovery. Failure to notify a defect may affect the Client’s rights to the extent permitted by law. Mandatory rights of consumers remain unaffected.

9. Retention of Title

All supplied goods remain the property of the Company until full payment has been received.

The Company reserves the right to register the retention of title where legally required.

10. Warranty and Defect Remedies

The applicable manufacturer warranty and any project-specific warranty coverage are stated in the quotation, order confirmation or product documentation. Mandatory statutory warranty rights remain unaffected.

Where legally permissible and appropriate, the Company may first remedy a confirmed defect by repair or replacement within a reasonable period. Warranty coverage does not apply to ordinary wear, consumable parts, cosmetic wear, improper use, overloading, inadequate maintenance, unauthorised modifications, unsuitable environmental conditions or damage caused by third parties.

Service, maintenance and repair work outside applicable warranty coverage may be offered separately and charged according to the agreed service conditions.

11. Liability

The Company is liable for direct damage caused intentionally or through gross negligence. Any further liability, particularly for slight negligence, indirect damage, consequential damage, loss of profit, loss of use or project delay, is excluded to the extent permitted by law.

Liability is not excluded where exclusion is prohibited by mandatory law, including in relation to personal injury or mandatory product-liability provisions.

12. Intellectual Property

All equipment concepts, layouts, planning documents, renderings, specifications and project materials remain the intellectual property of the Company unless otherwise agreed in writing.

They may not be reproduced or shared with third parties without prior written consent.

13. Data Protection

Personal data shall be processed in accordance with applicable Swiss data protection legislation.

Further details are provided in the Company’s Privacy Policy.

14. Severability

If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects its intended economic purpose, to the extent permitted by law.

15. Governing Law and Jurisdiction

These GTC and all contractual relationships shall be governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Subject to mandatory statutory places of jurisdiction, the exclusive place of jurisdiction shall be the registered office of Charly Burger et Fille GmbH, Switzerland. Mandatory consumer jurisdictions remain reserved.