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
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, tracking and delivery section of the FAQs (https://on.com/faq/shipping-and-returns). 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, refunds and promos section of the FAQs (https://on.com/payments-refunds-promos). 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, tracking and delivery section of the FAQs (https://on.com/faq/shipping-and-returns). 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@oncloudshoe.ca.
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.