1. Scope of Application
2. Conclusion of the Contract
3. Price and Delivery Costs
4. Shipment and delivery conditions
5. Liability for defects
6. Law and Jurisdiction
7. Terms and Conditions of the My Triumph Programme
8. Right of withdrawal

1.1 These Terms and Conditions of the company Triumph Intertrade AG (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.

2.3 The Seller may accept the Client's offer within five days

• by transferring a written order confirmation or an order confirmation in written form (e- mail); insofar receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
• by requesting the Client to pay after he/she placed his/her order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.

2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7 The contractual language is English.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

3.2 We may not be able to control additional charges, fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your own bank, card issuer or the payment method you selected. We may not have any knowledge in advance of the applicability of such fees or surcharges nor does Triumph have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank, card issuer or payment method and their own policies. Triumph's sole commitment in this respect is to acquire the amount specified on checkout in your selected currency.

Triumph takes the safeguarding of your payment details seriously, but we may not be able to prevent, and cannot be held liable for loss you may suffer if a third party procures unauthorized access to your payment details when accessing or ordering from the Store.

3.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.

3.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

3.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB" . In case the Client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/gb/webapps/mpp/ua/privacywax-full.

3.6 If a payment method offered via the payment service "Klarna" (payment on invoice) is selected, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms and conditions of Klarna can be found in the Seller's payment information, which can be viewed at the following Internet address.

4.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.

4.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.

4.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all instalments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.

4.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.

4.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.

4.6 Collection by the Client is not possible for logistical reasons.

5.1 The statutory consumer rights will apply.

5.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.

6.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

6.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.

PLEASE READ CAREFULLY. THIS DOCUMENT CONTAINS THE TERMS AND CONDITIONS FOR PARTICIPATION IN THE LOYALTY PROGRAMME OF THE TRIUMPH GROUP (‘MY TRIUMPH’).

The My Triumph programme is offered by:

Triumph Intertrade AG
Triumphweg 6
5330 Bad Zurzach
Switzerland

and includes all Triumph entities worldwide operating under the trademark TRIUMPH as well as franchise partners and other retail partners acting under the brand of TRIUMPH (‘Triumph’, also referred to as ‘we/us’). You will find a list of the relevant brands here.

My Triumph is designed to reward our loyal consumers by offering exclusive benefits and rewards to Members who register and shop at participating Triumph-owned shops, franchise partners, other retail partners and the Triumph Online Shop. The relationship of the Member of the My Triumph programme is exclusively with Triumph Intertrade AG.

7.1 ELIGIBILITY AND HOW TO BECOME A MY TRIUMPH MEMBER

Membership of My Triumph is offered to individuals only. Companies, associations, or corporations are not eligible to participate. You may register with My Triumph and become a member (‘Member’) only if you:

• are 16 years of age or older and you are legally responsible at the time of registration,
• accept the terms of My Triumph and provide all information required, and
• you have not been excluded from participation in My Triumph

You can register and access your My Triumph Account at participating Triumph-owned shops, franchise partners, other retail partners and the Triumph Online Shop.

7.2 PROCESSING OF PERSONAL DATA

Triumph will process your personal data in accordance with the Privacy Policy. If you are a My Triumph Member and make your orders and purchases through your My Triumph Account rather than as a guest, your orders and purchases will be linked to your My Triumph Account so that an order and purchase history is linked to your Account.

Triumph will track your transactions online and in retail shops (upon presentation of My Triumph Membership) to provide you with the opportunity to receive rewards and benefits based on your spending but also personalized offers and product recommendations.

You also agree to Triumph processing your personal data in connection with My Triumph. Please note that Membership of My Triumph is subject to your providing your consent to the processing of your personal data. However, you are always free to make a purchase without indicating that you are a My Triumph Member and thus prevent specific purchases from being linked with your Account.

You may withdraw your consent (and quit My Triumph) at any time by contacting us at the email address in section 7.6.

7.3 REWARDS

7.3.a TRIUMPH BY YOU

My Triumph Members can participate in surveys and in-person meetings on product development with our experts from the brand, design and merchandising team.

7.3.b YOU ARE INVITED

Receive invitations to special VIP events as a My Triumph Member. As the number of participants may be limited for special VIP events, invitations may depend on past spending.

7.3.c BE THE FIRST

As a My Triumph Member, you will be the first to get access to new products, My Triumph Members-only sales, and pre-sales.

7.3.d FREE DELIVERY

My Triumph Members receive free delivery on orders from our online shop.

7.3.e VOUCHERS AND GIFTS

As a My Triumph Member, you will receive an exclusive welcome gift, which you can redeem in our stores. If you redeem online, you will receive a voucher for 5 GBP with a minimum order value of 29 GBP. My Triumph Members receive a reward on their birthday.

7.3.f PARTNER OFFERS

As a My Triumph Member, you will receive exclusive offers from other brands with discounts and promotions as well as special offers from our selected partners.

7.4 VALIDITY OF VOUCHERS AND REWARDS

Vouchers and Rewards are non-transferable and can only be used by the My Triumph Member whose name appears on the Account, unless otherwise specified. The validity of the vouchers is stated on the promotional material used to issue the said vouchers. A maximum of two vouchers can be redeemed per transaction. Vouchers and rewards cannot be exchanged for cash.

Vouchers can be used for transactions on reduced products or on the regular range.

Vouchers and rewards can only be redeemed in participating shops or in the Triumph Online Shop.

7.5 COMBINATION OF REWARDS AND DISCOUNT CALCULATION

My Triumph Members may take advantage of various rewards and general sales promotions offered by Triumph to all customers. My Triumph Members can use up to two rewards per transaction by using one loyalty voucher or loyalty discount and one sales promotion, or two loyalty vouchers for one transaction.

If you use more than one voucher for the same transaction, the first voucher will reduce the value of the total transaction. The second voucher will further reduce the value already reduced after the first voucher has been used and not the total purchase price.

7.6 TERMINATION OF MEMBERSHIP AND/OR ACCOUNT

There are several ways in which your My Triumph Membership may end. When your My Triumph Membership is terminated, all rewards will expire without any entitlement to compensation. In the event of your My Triumph Membership being terminated, you will forfeit your right to any unclaimed or unused rewards, discounts or other benefits.

Termination by My Triumph Members:

You may cancel your My Triumph Membership at any time by contacting us via our contact form.

Termination by Triumph:

Triumph reserves the right to terminate a My Triumph Member’s participation in the My Triumph programme in the following circumstances and without liability or refunds to the My Triumph Member: if a My Triumph Member uses fraud or deceit, uses the My Triumph programme unlawfully or fraudulently, harms Triumph, its brands, or employees, or at Triumph’s sole discretion in any other circumstances.

If you do not use your My Triumph Account for three years, Triumph may delete your Account and terminate your My Triumph Membership.

Triumph also reserves the right, at its sole discretion, to update or terminate the My Triumph programme at any time, for any reason and without liability to My Triumph Members. You can check the applicable terms and conditions of the My Triumph programme here at any time during your membership of the My Triumph programme.

7.7 NOTIFICATIONS

By registering for the 'My Triumph program', you agree to the 'Terms and Conditions of the My Triumph Program'. You consent to receive marketing communications and newsletters from Triumph, along with its current and future brands aligned with the 'My Triumph program'. You reserve the right to unsubscribe from email, SMS, or WhatsApp communications anytime by clicking the unsubscribe links in emails / SMS, or by replying 'STOP' to a WhatsApp message or SMS message. You can also opt out of direct mail marketing and advertisements by contacting our customer service team at contact form.

7.8 LIABILITY

Under no circumstances will Triumph be liable for any damages incurred by a My Triumph Member because of or in connection with the My Triumph programme. This includes damages due to typographical or printing errors or misprints, the discontinuation or modification of the My Triumph programme or the failure of a third party, unless the damage arises from the intentional act or gross negligence of Triumph’s management. Triumph shall not be liable for any unused Rewards at or after the end of the My Triumph Membership. My Triumph Members may be held liable by Triumph and any by other third parties employed by Triumph for all claims by third parties in respect of all damages and costs arising in any way from the My Triumph Member’s participation in the My Triumph programme or from the My Triumph Member’s failure to comply with their obligations.

7.9 PLACE OF JURISDICTION AND APPLICABLE LAW

The courts of Bad Zurzach (Switzerland) shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions of the My Triumph Programme (subject to rights of appeal). Swiss substantive law shall be applicable with the exclusion of the United Nations Convention on Contracts for Sale of Goods.

7.10 MISCELLANEOUS

If you have any questions, suggestions or complaints, or wish to lodge a dispute with Triumph in relation to the My Triumph programme, please contact Customer Services via our contact form. Please also refer to the Frequently Asked Questions. If one or more of the provisions of these Terms and Conditions of the My Triumph Programme is invalid or unenforceable, Triumph shall have the right to impose one or more replacement provisions that correspond as closely as possible to the nature and meaning of the invalid or unenforceable provision without such replacement provision itself being invalid or unenforceable. Furthermore, Triumph may replace these terms and conditions of the My Triumph programme at any time. If such changes are disadvantageous to the Member, the Member will be notified well in advance and will have the option of resigning their Membership.

For the purchase of goods and services the provisions of the General Terms and Conditions of Triumph (accessible here) are applicable. (e.g. for handling of complaints).

The withdrawal period is fourteen days from the day when you or a third-party appointed by you who is not a carrier has taken ownership of the last good or, in the case of partial deliveries, on the date of the last delivery.
In order to exercise your right of withdrawal you must inform Triumph of your decision to withdraw this agreement by an unequivocal statement (e.g. by letter, fax, or email). You may use the attached sample withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Notwithstanding your statutory right of revocation, we grant you a voluntary right of return of 30 days from receipt of the goods.

Consequences of withdrawal

If you withdraw the contract, we have to reimburse all payments received from you, including shipping costs (with the exception of the additional costs resulting from your choice of a shipping method other than our economical standard delivery option) with undue delay and at the latest within fourteen days from the day when we receive your notification of withdrawal for this contract.
For this refund we will use the same means of payment that you used for the original transaction; on no account will you be charged fees due to this repayment.
We can refuse the repayment until we have received the Goods back, or you have provided evidence that you have sent the Goods back, whichever is earlier.
back, whichever is earlier. You must return or hand over the Goods without undue delay, and at the latest within fourteen days from the day on which you informed us that you were cancelling this contract. The deadline is satisfied if you send the Goods before expiry of the fourteen day period.
We will bear the costs of returning the Goods.
You only need to pay for any diminished value of the Goods if such loss in value is due to handling of the Goods which was not necessary for checking the quality, characteristics and function of the Goods.

PROCESSING OF RETURNS AND REFUNDS

Before you return the Goods you must pack them securely and carefully. Should it not be possible to pack a product accordingly, we ask you to contact us to arrange for us to collect the Goods.

For further information on returns please see our instructions at Sample withdrawal form (If you wish to withdraw from the contract, please fill in this form and return it to us.)
To
Triumph Intertrade AG
Triumphweg 6
5330 Bad Zurzach
Switzerland
Contact form.

• I/we (*) hereby cancel the contract I/we (*) have concluded to purchase the following Goods (*)/receive the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate.

As of: August 2023