Terms of service
This English text is a convenience translation. The legally binding version is the German original.
1. Scope and provider
These General Terms and Conditions ("GTC") apply to all orders, deliveries, sales and services made through the online shop „Kaizen Jiu-Jitsu Brand“.
Provider and seller:
Oliver Arena
Kaizen Jiu-Jitsu Brand
Sole proprietorship
Langäcker 14
8500 Frauenfeld
Switzerland
Email: KaizenJiu-Jitsu@pm.me
By completing an order, the customer agrees to these GTC.
These GTC apply to orders within Switzerland as well as to international orders, including orders from the United States of America, unless mandatory statutory provisions of the respective country state otherwise.
Use of the online shop requires that the customer is at least 18 years of age or has the consent of their legal representative.
2. Offer and conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to order.
By placing an order, the customer submits a binding purchase offer. The purchase contract is concluded only upon shipping confirmation, express acceptance or delivery of the goods by the seller.
An automated acknowledgement of receipt of the order does not yet constitute acceptance of the purchase offer.
The seller reserves the right to refuse, limit or cancel orders without giving reasons, in particular in the case of:
- obvious errors in price, product description or availability;
- suspicion of fraud, misuse or unauthorised payment;
- incomplete or incorrect customer data;
- delivery obstacles;
- technical errors in the online shop;
- unusually large order quantities;
- breaches of these GTC.
Payments already made will be refunded in such cases, unless the seller has other claims.
3. Products, small series and availability
Kaizen Jiu-Jitsu Brand produces and sells items in small series, limited quantities or project-based production runs.
Product availability may change at any time. A product shown in the online shop does not guarantee permanent availability.
Minor deviations in colour, structure, material appearance, seams, print, embroidery, fit or placement may occur for production reasons and do not constitute a defect, provided the agreed basic function and quality of the product is not materially impaired.
Colours may differ slightly from the actual goods depending on screen, device settings, lighting or photo.
4. Prices
All prices are in Swiss francs (CHF) unless stated otherwise.
The price valid at the time of the order applies. Any shipping costs are shown separately and displayed before the order is completed.
For international orders, additional import duties, customs charges, sales taxes, local levies, handling fees of shipping service providers, brokerage fees or similar costs may apply. These costs are not included in the product price unless expressly shown at checkout.
Price changes, discount campaigns and promotions may be adjusted, ended or amended at any time without prior notice. Existing confirmed orders remain unaffected, unless there is an obvious error.
5. Payment
Payment is made via the payment methods offered in the online shop.
The seller reserves the right to exclude or restrict individual payment methods at any time.
As a rule, an order is only processed after payment has been successfully confirmed.
In the case of chargebacks, unjustified payment disputes or uncovered payments, the seller reserves the right to pass on any resulting costs to the customer, to the extent permitted by law.
6. Delivery and shipping
Delivery is made to the delivery address provided by the customer.
The customer is responsible for providing complete and correct delivery details. The seller accepts no liability for delays, additional costs, non-deliveries or returns due to incorrect, incomplete or undeliverable address details.
Delivery times are non-binding guide values unless expressly confirmed in writing. Delays caused by shipping companies, customs clearance, official measures, force majeure, strikes, transport problems, production delays or other circumstances outside the seller's control do not automatically entitle the customer to compensation or cancellation.
For orders to the United States of America the following also applies: stated delivery times are carefully estimated guide values. Should a delivery be materially delayed and mandatory US law require specific information, consent or a refund, the seller will act accordingly.
7. Transfer of risk and transport risk
Upon handover of the goods to the shipping company, benefit and risk pass to the customer, to the extent permitted by law.
The customer bears the shipping risk, in particular for loss, damage, delay, theft, misrouting or non-delivery during transport, provided the seller has properly handed over the goods to the shipping company.
Where possible, the seller will assist the customer in clarifying matters with the shipping service provider, but does not guarantee replacement, refund or successful settlement of claims by the shipping company.
The customer is obliged to report visible transport damage to the carrier immediately and to document it photographically where possible.
8. International orders, customs, import duties and taxes
For deliveries outside Switzerland, the customer is deemed to be the importer of the goods in the country of destination, unless expressly stated otherwise at checkout or in the shipping terms.
The customer is solely responsible for:
- import duties;
- import VAT;
- sales tax, use tax or comparable local taxes;
- export or import fees;
- customs clearance fees;
- brokerage fees;
- storage fees;
- subsequent customs assessment;
- return costs in the event of refusal of acceptance;
- costs due to incomplete or incorrect customs information provided by the customer;
- other official or transport-related costs.
The seller has no influence on the amount, levying or processing of such charges.
If parcels are returned due to unpaid charges, refused acceptance, lack of cooperation by the customer, incorrect address details or unsuccessful delivery, the customer bears all resulting costs. These include in particular return transport, re-shipping, storage fees, customs fees, import and export duties, handling fees and any loss of value.
In such cases, a refund is only made after the goods have actually been received back by the seller, less all costs, fees, charges, shipping costs and reductions in value, to the extent permitted by law.
9. Exchange, return and refund
As the products of Kaizen Jiu-Jitsu Brand are small series, limited items or specially developed brand products, there is generally no voluntary right of return and no entitlement to a refund, unless there is a legally recognised defect.
An exchange is possible solely as a goodwill gesture and only under the following conditions:
- exchange only for a different size of the same item;
- written notice within 7 calendar days of delivery;
- item unworn, unwashed, unused and free of odour;
- item in flawless original condition;
- including original tags, packaging and any accessories;
- no soiling, hair, deodorant marks, washing marks, make-up marks or signs of use;
- prior written confirmation by the seller before return.
Items that have already been worn, washed, damaged, soiled, altered or used are excluded from exchange.
An entitlement to exchange exists only if the desired size is available. If the desired size is not available, there is no entitlement to replacement, credit or refund, unless there is a legal defect.
10. Costs, risk and obligations for returns
Every return must be approved in advance in writing by the seller. Unannounced or unapproved returns may be refused.
For every return, the customer bears all costs fully and without exception, to the extent permitted by law. These include in particular:
- return postage;
- shipping insurance;
- packaging material;
- tracking costs;
- renewed shipping costs for exchanged goods;
- import duties;
- export duties;
- customs fees;
- sales tax, VAT, import VAT or comparable charges;
- handling fees of shipping companies;
- brokerage fees;
- storage fees;
- fees due to incorrect or missing customs information;
- costs due to refusal of acceptance;
- costs due to uncollected shipments;
- costs for renewed delivery attempts;
- any loss of value of the goods.
The return is made entirely at the customer's risk.
The seller accepts no liability for lost, delayed, misrouted, damaged or customs-blocked returns.
The customer is obliged to frank returns sufficiently, pack them securely for transport, ship them with tracking and, for international returns, correctly declare them as returned goods.
Returns sent cash on delivery, unfranked, without tracking or with outstanding customs, tax or shipping costs will not be accepted.
If the seller incurs costs, fees, charges or damages as a result of a return, these may be offset against any refund, credit or exchange claim of the customer.
11. Refusal of acceptance and undeliverable shipments
If the customer refuses to accept a shipment or does not collect a shipment in time, this does not constitute a valid return or cancellation.
In such cases, the customer bears all resulting costs, in particular outbound shipping, return shipping, customs, taxes, handling fees, storage costs and renewed shipping costs.
The seller is entitled to deduct these costs from any refund or to invoice them separately.
A refund is only made after the goods have actually been received back and their condition has been checked, to the extent permitted by law.
12. Excluded items
Excluded from exchange, return and refund are in particular:
- worn, washed or used items;
- damaged or soiled items;
- items with odour or sweat, deodorant, make-up or washing marks;
- personalised or custom-made products;
- limited small series, where marked accordingly in the product description;
- reduced goods, sale items or promotional goods, to the extent permitted by law;
- gift cards, vouchers or digital products;
- products without original tags or original packaging.
Statutory rights in the case of justified defects remain reserved.
13. Defects and warranty
The customer is obliged to inspect the goods immediately upon receipt.
Obvious defects, incorrect deliveries or transport damage must be reported in writing by email within 7 calendar days of delivery and documented with meaningful photos.
In the case of justified defects, the seller will, at its option, provide a replacement, rectification, credit or refund.
In particular, there is no defect in the case of:
- minor production-related deviations;
- slight colour deviations due to screen display;
- natural wear;
- damage due to incorrect care;
- damage due to improper use;
- damage due to training, friction, hook-and-loop fasteners, mat contact or external influence;
- damage due to washing errors, dryer, heat, bleach or aggressive detergents;
- incorrect choice of size;
- subjectively differing perception of fit.
Further claims, in particular claims for damages, are excluded to the extent permitted by law.
14. Care instructions and use
The customer is obliged to observe the care instructions on the product, label or in the product description.
Sports and training clothing is subject to increased mechanical stress depending on use. Damage caused by intensive use, friction, pulling, contact with hook-and-loop fasteners, sharp edges, mat abrasion or improper care is not considered a defect.
The seller accepts no liability for damage caused by non-compliance with the care instructions.
15. Liability
The seller is liable exclusively for damage based on intentional or grossly negligent conduct.
To the extent permitted by law, any liability is excluded for:
- slight negligence;
- indirect damage;
- consequential damage;
- lost profit;
- data loss;
- delivery delays;
- customs delays;
- damage caused by shipping service providers;
- damage due to improper use or care;
- damage caused by third parties.
Liability for personal injury and mandatory statutory liability remain reserved in every case.
16. No medical or sporting guarantee
The products of Kaizen Jiu-Jitsu Brand are sports and lifestyle products. They provide no guarantee of performance enhancement, injury prevention, medical effect or specific training results.
Use of the products is at the customer's own responsibility.
17. Errors, misprints and corrections
Despite careful maintenance, product descriptions, prices, images, size charts, availability information, delivery times or other content in the online shop may be incorrect.
The seller reserves the right to correct such errors at any time without prior notice, including after receipt of an order.
In such a case, the customer will be informed and may confirm the order at the correct price or with corrected details, or cancel it free of charge, provided the goods have not yet been shipped.
18. Vouchers, discount codes and promotions
Vouchers, discount codes and promotions are valid only within the specified period and under the respective stated conditions.
Discount codes cannot be applied retroactively to orders already completed.
Cash payment of vouchers or discount values is excluded.
The seller reserves the right to change or end promotions at any time.
19. Intellectual property
All content of the online shop, in particular logos, designs, images, texts, product names, graphics, artworks, trademarks, layouts and other content, is protected by copyright, trademark or design law.
This applies in particular to the brand „Kaizen Jiu-Jitsu Brand“, the branding, the logo, the word marks, the design elements and the characters „改善“.
Without the express written consent of the seller, this content may not be used, copied, reproduced, modified, redrawn, distributed, published or commercially exploited.
Violations may be prosecuted.
20. Reviews, images and customer contributions
If the customer submits reviews, comments, images, videos or other content via the shop, by email or via the seller's social media channels, the customer grants the seller an unlimited, free right of use of these contributions, unrestricted in time, place and content.
This includes in particular use for publication, promotion, sharing and display in the seller's own marketing channels, in the online shop, on social media, in newsletters or in other communication media.
The customer warrants that submitted contributions are free of third-party rights, do not contain unlawful, offensive, discriminatory, misleading or objectionable content, and are truthful.
The seller reserves the right not to publish or to remove contributions without giving reasons.
21. Data protection
Personal data is treated confidentially and processed within the framework of the applicable data protection regulations, in particular the Swiss Data Protection Act.
Further information can be found in the separate privacy policy of the online shop.
For international orders, in particular to the United States of America, personal data may be transmitted to payment service providers, shipping companies, customs authorities, platform providers or other service providers necessary for the performance of the contract.
22. US customers and international consumer rights
For orders from the United States of America, these GTC apply unless mandatory local, state or federal consumer protection provisions state otherwise.
The seller's return and refund conditions are made clearly accessible in the online shop. The customer is obliged to review these conditions before completing the order.
To the extent that mandatory law of individual US states provides for additional information, return, refund or disclosure obligations, these rights remain reserved.
Nothing in these GTC is intended to exclude mandatory statutory consumer rights that may not be excluded under the law of the customer's place of residence.
23. Sanctions, export control and delivery restrictions
The seller does not deliver to countries, regions or persons where this would violate applicable sanctions, export control provisions, embargoes or legal regulations.
The seller reserves the right to refuse or cancel orders where legal, logistical or regulatory obstacles exist.
24. Amendments to the GTC
The seller reserves the right to amend these GTC at any time.
The version valid at the time of the order applies.
In the case of material changes, the customer may be informed in an appropriate form.
25. Applicable law and place of jurisdiction
Swiss substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory consumer protection provisions state otherwise.
The place of jurisdiction is the seller's registered office, currently 8500 Frauenfeld, Switzerland, unless mandatory statutory provisions require a different place of jurisdiction.
For international customers, in particular consumers from the United States of America, mandatory statutory rights of the respective state of residence remain reserved, to the extent these cannot be effectively excluded.
26. Severability clause
Should individual provisions of these GTC be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions remains unaffected.
The invalid or unenforceable provision shall, to the extent permissible, be replaced by a provision that comes closest to the economic purpose of the original provision.
27. Contact
For questions about these GTC, orders, products, returns or defects:
Oliver Arena
Kaizen Jiu-Jitsu Brand
Langäcker 14
8500 Frauenfeld
Switzerland
Email: KaizenJiu-Jitsu@pm.me