Terms of service

Stolvations GmbH – www.gymmonky.ch

Effective: June 2026 | Version 1.0

Part A – General Provisions

§ 1 Scope and Contracting Party

1.1 Scope: These General Terms and Conditions (hereinafter “GTC”) apply to all orders placed through the online shop at www.gymmonky.com (hereinafter the “Shop”). The version of these GTC published on the website at the time the order is placed shall apply.

1.2 Contracting Party: Stolvations GmbH, Rütistrasse 10, CH-8952 Schlieren, Commercial Register of the Canton of Zurich: CHE-151.868.802, UID: CHE-151.868.802 VAT, email: support (at) gymmonky.com (hereinafter “we”, “us” or the “Seller”).

1.3 Customers: Our offer is intended exclusively for consumers (natural persons acting for private purposes) whose residential or delivery address is in Switzerland or the Principality of Liechtenstein. Orders with a delivery address outside these territories will not be fulfilled.

1.4 Prohibition of Commercial Resale: The commercial resale of our products – in particular via online marketplaces, social media platforms or resellers – is prohibited without our prior written consent. In the event of a breach, we reserve the right to block the customer account, refuse future orders and claim damages.

§ 2 Conclusion of the Contract

2.1 Offers in the Shop: The presentation of products in the Shop does not constitute a binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum).

2.2 Order: By clicking “Place order with obligation to pay”, the Customer submits a binding offer to purchase.

2.3 Conclusion of the Contract: The automatic order confirmation sent by email merely documents receipt of the order and does not constitute acceptance. The purchase contract is concluded only when we send an express order or shipping confirmation by email. Any charge or authorisation made against the payment method before dispatch merely constitutes a payment reservation and does not result in the conclusion of a contract. If we do not accept the order, the reservation will be released immediately or the amount charged will be refunded in full.

2.4 Reservations: We reserve the right to reject an order within 2 working days of receiving it, in particular in the event of (a) the goods being unavailable, (b) obvious pricing or product errors (e.g. CHF 5.99 instead of CHF 59.90), or (c) suspected misuse or commercial resale. Any payments already made will be refunded immediately and in full in such cases.

2.5 Storage and Incorporation: Order data is stored in accordance with the statutory retention obligation (Art. 958f Swiss Code of Obligations, 10 years). Before completing the order, the Customer is expressly referred to these GTC and must confirm, by means of an active action (e.g. ticking a checkbox), that they have read and accepted them.

§ 3 Prices and Payment

3.1 Prices: All prices are stated in Swiss francs (CHF) and include statutory value added tax (currently 8.1%). Any shipping costs are shown separately and transparently before the order is completed (see § 4.2).

3.2 Payment Methods: We accept the following payment methods: credit card (Visa, Mastercard, American Express – with 3-D Secure), TWINT, PayPal, Apple Pay, Google Pay and advance payment (bank transfer). Payments are processed by external payment service providers (in particular Stripe). Their terms of use apply additionally when their services are used.

3.3 Due Date: For immediate payment methods, the amount is charged when the order is submitted. In the case of advance payment, the goods are dispatched after the payment has been credited to our account. If payment is not received within 7 days of the order, we are entitled to withdraw from the contract.

3.4 Retention of Title: The delivered goods remain the property of Stolvations GmbH until the purchase price has been paid in full (Art. 715 Swiss Civil Code). The Customer undertakes to treat the goods with care and not to sell or transfer them to third parties until full payment has been made.

3.5 Set-off and Retention: The Customer may set off claims only if they are undisputed or have been finally determined by a court. The Customer shall have a right of retention only insofar as their counterclaim arises from the same contractual relationship.

§ 4 Delivery and Shipping

4.1 Delivery Area: Switzerland and the Principality of Liechtenstein.

4.2 Shipping Method, Shipping Costs and Delivery Time: Standard shipping is carried out by letter post or parcel post. The Seller shall select the appropriate shipping method. Standard shipping is free for orders with a value of CHF 35.– or more. For orders below CHF 35.–, the applicable shipping costs are displayed in the shopping cart before the order is completed. Any additional costs for express shipping are also displayed separately before the order is completed. The standard delivery time is 2–3 working days after shipping confirmation (in the case of advance payment: after receipt of payment), unless otherwise stated in the product description.

4.3 Transfer of Risk: In consumer transactions, the Seller bears the transport risk until delivery to the Customer. Delivery confirmed by Swiss Post or equivalent proof of delivery shall constitute evidence that the delivery was properly completed.

4.4 Loss and Transport Damage: Loss or transport damage must be reported to the Seller without delay, but no later than 10 days after the expected delivery date, by email to support (at) gymmonky.com. Where necessary, the Seller will initiate an investigation with the postal service. A claim for replacement delivery or reimbursement shall arise only after the postal investigation has been completed. The Seller’s documented proof that the shipment was handed over to the postal service shall constitute evidence of proper dispatch.

4.5 Repeated Incidents: In the event of repeated reports of loss or reasonable suspicion of misuse, we reserve the right to send future orders exclusively using confirmed delivery (e.g. registered mail or a tracked parcel). Any additional costs shall be borne by the Customer.

4.6 Default of Acceptance: If the Customer fails to accept the goods despite an attempted delivery or refuses to accept them, the Customer shall bear the costs of returning and reshipping the goods. From the 10th day after the first delivery attempt, storage charges of CHF 1.– per calendar day shall apply. If the Customer fails to collect the goods or respond within 30 days, we shall be entitled to withdraw from the contract and otherwise dispose of the goods; any refund will be made after deducting the costs incurred.

4.7 Force Majeure: In the event of force majeure (in particular a pandemic, natural events, strikes, official orders or transport disruptions), delivery periods shall be extended appropriately. Claims for damages due to delayed delivery are excluded in such cases. If the delay lasts longer than 30 days, both parties shall have the right to withdraw from the contract.

4.8 Place of Performance: The place of performance for delivery is the delivery address provided by the Customer. The place of performance for payment is Schlieren, Switzerland.

§ 5 Product Description and Colour Variations

5.1 Product Presentation: We endeavour to present our products in the Shop as accurately and realistically as possible. Minor variations in colour, size or characteristics compared with the product photographs are due to technical factors (e.g. screen settings or lighting during photography) and do not constitute a material defect, provided that they do not materially impair the product’s fitness for use.

5.2 Dimensions: All dimensions stated in the Shop are approximate. Minor variations customary in the industry are reserved.

§ 6 Inspection and Notification of Defects

6.1 Inspection: The Customer is requested to inspect the goods immediately upon receipt for completeness and apparent defects.

6.2 Notification of Defects: Apparent defects (e.g. damage or an incorrect colour) must be reported to the Seller within 10 days of receipt of the goods by email to support (at) gymmonky.com, together with photographs and the order number. Hidden defects (e.g. material defects or malfunctions) must be reported immediately after discovery. A delayed notification of defects does not result in the loss of statutory warranty rights, but may make it more difficult to establish the relevant facts.

6.3 Transport Damage: Where possible, externally visible transport damage should be noted with the delivery service and reported to the Seller immediately.

§ 7 Right of Return

7.1 No Statutory Right of Withdrawal: Swiss law does not provide a statutory right of withdrawal or cancellation for distance-selling transactions (online purchases) (see Art. 40a et seq. Swiss Code of Obligations, which apply only to doorstep selling).

7.2 Voluntary Right of Return: We grant our Customers a voluntary right of return for 14 calendar days from receipt of the goods. The goods must be returned unworn, undamaged, in their original packaging, with all labels attached and in perfect, resalable condition. The return period is deemed observed if the return shipment is dispatched in time.

7.3 Return Procedure: Returns must be registered in advance by email to support (at) gymmonky.com. Returns will be processed only after written
confirmation from us. The goods must be returned with sufficient postage and securely packaged. Unstamped or unannounced returns will be rejected.

7.4 Return Shipping Costs: (a) If goods are returned because the Customer does not like them, the Customer shall bear the return shipping costs. (b) If goods are returned due to a defect or an incorrect delivery, we shall bear the return shipping costs.

7.5 Exclusion of the Right of Return: The following are excluded from the voluntary right of return: (a) worn, used or washed goods, (b) damaged goods, provided the damage was caused by the Customer, and (c) goods without their original packaging or with removed labels. Statutory warranty rights in respect of defective goods remain unaffected.

7.6 Partial Returns of Sets and Bundles: Individual items from discounted sets or bundles cannot be returned separately. The entire set must be returned.

7.7 Refund: The refund will be made within 14 days of receipt and inspection of the returned goods using the same payment method as used for the original payment, unless expressly agreed otherwise.

§ 8 Statutory Warranty (Liability for Material Defects)

8.1 Statutory Warranty: We are liable for material defects in accordance with the provisions of the Swiss Code of Obligations (Art. 197 et seq.). The limitation period for warranty claims is 2 years from delivery (Art. 210 para. 1 Swiss Code of Obligations). This period may not be shortened in consumer contracts (Art. 210 para. 4 Swiss Code of Obligations).

8.2 Customer’s Rights: Where a notification of defects is justified, the Customer shall be entitled to repair, replacement, a reduction in price or rescission of the contract, whereby we shall first be given the opportunity to repair or replace the goods.

8.3 Exclusion of Warranty: The warranty does not cover: (a) normal wear and tear and signs of use (e.g. scratches or slight discolouration), (b) damage caused by improper handling, cleaning or care, (c) damage caused by contact with aggressive chemicals, chlorinated water or salt water, (d) damage caused by machine washing or tumble drying contrary to the care instructions, or (e) damage resulting from the Customer’s own attempts to repair or modify the product. Mandatory statutory warranty rights remain unaffected in all cases.

§ 9 Liability

9.1 Unlimited Liability: We are liable without limitation for damage caused intentionally or through gross negligence, as well as for personal injury (life, physical integrity and health).

9.2 Limited Liability: In the event of slight negligence, we are liable only for the breach of material contractual obligations and only up to the amount of the foreseeable loss typical for the contract at the time it was concluded, but in any event no more than the value of the goods in the order concerned.

9.3 Exclusion of Liability: To the extent permitted by law, liability is excluded for: (a) indirect and consequential loss, (b) loss of profit, (c) loss of data, and (d) damage resulting from use of the products other than for their intended purpose. These limitations and exclusions of liability also apply mutatis mutandis to our legal representatives, employees, auxiliary persons and agents.

9.4 Liability for Content and Links: We endeavour to ensure that the content of our Shop is accurate and up to date, but do not warrant that it is complete or free of errors. We accept no liability for linked third-party websites; their respective operators are solely responsible for their content.

9.5 Availability of the Shop: We endeavour to ensure that the Shop is available as continuously as possible, but do not guarantee uninterrupted availability. Temporary restrictions due to maintenance work, technical faults or circumstances beyond our control do not give rise to liability or any claims by the Customer.

§ 10 Data Protection

10.1 Controller: Stolvations GmbH is responsible for processing personal data (for contact details, see § 1.2).

10.2 Legal Basis: Personal data is processed in accordance with the Swiss Federal Act on Data Protection (FADP, SR 235.1), in the version in force since 1 September 2023, and the associated Data Protection Ordinance (DPO).

10.3 Data Processing for Contract Performance: We process the personal data collected when an order is placed (name, address, email address and payment information) for the purposes of performing the contract, processing payment and delivering the goods. The processing is necessary for the performance of the purchase contract and is therefore justified (Art. 31 para. 1 FADP).

10.4 Transfer of Data Abroad: For the performance of the contract, we transfer personal data to the following service providers based outside Switzerland: (a) Shopify Inc. (Canada) – shop system and hosting. Canada provides an adequate level of data protection recognised by the Federal Council (Annex 1 DPO), meaning the transfer is permitted without additional safeguards. (b) Stripe Inc. (USA) and PayPal (Luxembourg/USA) – payment processing. For data transfers to the USA, we primarily rely on the Swiss-U.S. Data Privacy Framework (in force since 15 September 2024), insofar as the recipients are certified under that framework (Federal Council adequacy decision of 14 August 2024). Standard contractual clauses (SCCs) pursuant to Art. 16 para. 2 lit. d FADP are additionally in place as a further safeguard.

10.5 Rights of Data Subjects: Under the FADP, you have the following rights in particular: (a) access to the personal data stored about you (Art. 25 FADP), (b) rectification of inaccurate data (Art. 32 para. 1 FADP), (c) deletion or destruction of your data within the scope of the statutory provisions (Art. 32 para. 2 lit. c FADP), and (d) release of your data in a commonly used electronic format (Art. 28 FADP). Please send requests to support (at) gymmonky.com.

10.6 Right to Lodge a Complaint: You have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) if you believe that the processing of your personal data infringes the FADP.

10.7 Privacy Policy: Further information on data processing, in particular regarding cookies, analytics tools and retention periods, can be found in our full [Privacy Policy].

§ 11 Minimum Age

11.1 Orders through the Shop may be placed only by natural persons who are at least 18 years of age or who have obtained the prior consent of their legal representative.

11.2 By submitting the order, the Customer confirms that they are at least 18 years of age or that the required consent has been obtained.

§ 12 Governing Law and Place of Jurisdiction

12.1 Governing Law: All legal relationships between the Customer and Stolvations GmbH shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules.

12.2 Place of Jurisdiction: For all disputes arising from or in connection with this contract, the ordinary place of jurisdiction shall be the Customer’s place of residence (Art. 32 para. 1 Swiss Civil Procedure Code) or Schlieren (ZH), Switzerland. Mandatory statutory rules on jurisdiction remain reserved.

12.3 Dispute Resolution: We always endeavour to resolve any disagreements amicably. In the event of a complaint, please first contact support (at) gymmonky.com. We generally respond within 1–2 working days.

§ 13 Information Obligations for Online Sales

13.1 Technical Steps for Concluding the Contract: The Customer selects the desired products, places them in the shopping cart, reviews the order summary (products, quantity, price, delivery address and payment method) and submits a binding offer to purchase by clicking “Place order with obligation to pay”.

13.2 Correction Options: Before submitting the order, all entries can be reviewed, changed or deleted at any time using the usual browser and Shop functions.

13.3 Storage of the Contract Text: We store the text of the contract and send the Customer the order details and these GTC by email. The GTC can also be accessed at any time.

13.4 Contractual Language: The contractual language is German.

§ 14 Amendments to the GTC

14.1 Amendments to these GTC will be published on the website at least 30 days before they take effect and shall apply exclusively to orders placed after they take effect. Existing contracts remain unaffected by any amendments.

§ 15 Severability Clause

15.1 Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provision shall apply in place of the invalid or unenforceable provision. The same shall apply to any contractual omissions.

Part B – Vouchers, Discounts and Promotional Gifts

I. Gift Vouchers

§ 1 Purchase and Delivery

Gift vouchers are available in freely selectable amounts between CHF 10.– and CHF 100.–. They are delivered digitally as a PDF by email. Discount codes and promotions cannot be applied to the purchase of vouchers.

§ 2 Redemption

Vouchers are valid for 3 years from the date of purchase (see Art. 128 no. 8 Swiss Code of Obligations). They can be redeemed for all products in the Shop, except for the purchase of additional vouchers. Any remaining balance will be retained and can be used for future orders. Multiple vouchers may be combined in a single order.

§ 3 No Entitlement to Cash Payment

There is no entitlement to the cash payment of vouchers or remaining balances. Unredeemed vouchers expire without compensation at the end of their validity period.

II. Discount Codes

§ 1 Conditions

Discount codes are valid exclusively during the respective stated promotional period. Unless expressly stated otherwise, one discount code may be redeemed per order. Discount codes are personal and non-transferable. The specific promotional conditions are communicated as part of the relevant promotion and form an integral part of these GTC.

§ 2 Restrictions

Discount codes apply only to the products specified and cannot be applied to shipping costs, express shipping surcharges or the purchase of vouchers.

§ 3 Returns of Discounted Orders

If discounted goods are returned, the refund amount will be reduced by the proportionate value of the discount. No refund will be made at the undiscounted price.

III. Promotional Gifts and Free Items

§ 1 Granting

Promotional gifts or free items are granted voluntarily and subject to availability. There is no legal entitlement to a specific promotional gift. Promotions are valid while stocks last.

§ 2 Returns

If the main goods are returned, the associated promotional gift must also be returned. If the promotional gift is not returned, its value will be deducted from the refund amount.

Note: The respective promotional conditions apply in addition to all promotions, discounts and vouchers governed by Part B. Subject to amendments and errors.

Appendix: Important Customer Information

Checklist Upon Receipt of Goods

☐ Check the parcel for externally visible damage

☐ Have any transport damage noted by the delivery service immediately

☐ Check the goods for completeness and defects within 10 days

☐ Report defects to support (at) gymmonky.com, enclosing photographs and the order number

Shipping Information

Standard shipping: free for orders of CHF 35.– or more | Dispatch with postal receipt as proof of posting

In the Event of Problems

support (at) gymmonky.com | State the order number | Attach photographs | Response generally within 48 hours