Terms and conditions
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.