General Terms and Conditions (GTC)

Version: 27.04.2026

§1 General

The following terms and conditions apply to the entire business relationship between ultimus.ch (Elephant Fishing GmbH) and its customers. This covers all sales, deliveries and services of ultimus.ch. When you complete an order on our website, our general terms and conditions are deemed to have been accepted by you without reservation. Should certain parts of these general terms and conditions be invalid for any reason, the validity of the remaining provisions shall remain unaffected. Deviations from and additions to our terms and conditions are only effective if they have been agreed with the customer by us in writing.

§2 Offer and price

The products on ultimus.ch constitute a non-binding offer. When you place an order on our website, you submit a binding offer to conclude a purchase contract. After completing your order, you will receive a confirmation email from us confirming receipt of your order. Please note that this confirmation email does not constitute acceptance of your binding offer. A purchase contract is only concluded once the goods you have ordered have been delivered.

The prices listed at the time you place your order are deemed to have been accepted by you and cannot be amended subsequently. The prices stated refer to the items depicted in accordance with the description, but not to accessories or decoration.

We take the information on the products we list from our suppliers. We accept no responsibility for deviations in size, dimensions, weights, materials or colours. Images and product descriptions are merely guide values and do not constitute a warranty of characteristics.

We reserve the right to cancel orders already placed at any time and to refund payments you (the customer) have already made. We are therefore under no obligation to deliver the goods ordered.

The end customer has no right to resell purchased goods.

§3 Satisfaction guarantee & returns

We voluntarily give you the option of returning products purchased from us within 60 days of receipt of payment. In this case we will refund the purchase price. The postage costs for returns are borne by the buyer.

Please register your return in advance by email with our customer service at [email protected].

Requirements for a return

A return is only possible if the following conditions are met:

• The product is in unused condition.
• The original packaging is complete, undamaged and enclosed with the return.
• The shipping label must not be affixed directly to the original packaging. Please use a separate outer box or envelope for the return (ideally the one in which you received the product).
• Products without original packaging or with damaged packaging are excluded from return.

Exceptions to the right of return

There is no right of return for the following products:

• Items from the “Special Promotions” section
• Hygiene items (e. g. fabric masks, toothbrushes, razors)
• Items from the categories “Swimwear/Swim Shorts” and “Socks & Underwear”
• Tried-on products from the “Pet Accessories” category

Refunds & deductions

• Unopened, undamaged original packaging: full refund of the purchase price.
• Opened packaging or used products: deduction of at least 20 %, but no less than CHF 10.–.
• Electronic items with damaged packaging or opened original film: deduction of up to 30 %, as these can no longer be sold as new goods.

We reserve the right to examine each return individually.

§4 Delivery

The delivery times we display are merely calculated guide values and are not binding. We do our best to deliver the goods you have ordered as quickly as possible; however, it can happen at any time that delivery times are longer than stated. As we receive products from suppliers, it is beyond our control to influence delivery times.

Shipping of our goods is free of charge for the customer in each case (express delivery is excluded from this and must be paid for by the customer).

As soon as we have handed the parcel over to the post office or another shipping service provider, our performance is deemed to have been rendered. The risk of the parcel being lost or stolen during delivery passes to you at that moment. In such a case you remain obliged to pay the purchase price.

Ultimus cannot take specific delivery instructions into account and excludes any liability in this connection. Customers are themselves responsible for giving such instructions directly to the post office; the details must be clarified directly with the post office.

§5 Import charges

No import charges are incurred by the end customer for most of our products. In exceptional cases, however, it can happen that an import charge (consisting of customs duties and value added tax) is incurred for products delivered from abroad and that the customer has to pay it. Any value added tax incurred is subsequently borne by Ultimus.ch. If you have to pay value added tax, you are welcome to contact us at [email protected] and reclaim the value added tax paid from us.

§6 Exclusion of liability

To the extent permitted by law, we exclude liability for consequential damage arising from a product purchased from us. Damage to the product itself is to be assessed in accordance with contract law and can in no case give rise to claims for damages or satisfaction.

Liability is excluded at all times in cases of (1) slight negligence, (2) indirect and consequential damage and loss of profit, (3) savings not realised, (4) damage resulting from late delivery, and (5) any acts and omissions of the auxiliary persons of Elephant Fishing GmbH or of the auxiliary person of a supplier/dealer – whether contractual or non-contractual.

We accept no liability for damage caused by product defects that did not yet exist at the time the product was placed on the market. For product defects leading to damage which the manufacturer in the country of origin should have identified, we accept no responsibility/liability and refer the end consumer to the manufacturer of the product.

End customers are responsible at all times for using a product purchased from us properly. We exclude any liability for damage arising from careless, incorrect, contractually non-compliant or unlawful storage, adjustment or use/handling of our products. This includes, among other things, failure to maintain a product, use of incompatible spare parts or accessories, and improper modification or repair of a product by a third party. We also exclude any liability for damage arising from the unlawful resale of a product.

Any liability on our part is excluded for damage arising from the natural wear and tear of a product. Furthermore, we exclude any liability for damage caused by external influences or force majeure. This includes, among other things, damage caused by the elements, moisture, dropping and impact.

When using the products, please observe the warnings on the packaging and/or on the product itself. Particular caution is required with children under 3 years of age. We reject any liability claims in the event of non-observance of the warnings on the product packaging and/or on the product itself (including for damage to material goods and/or animals).

§7 Payment terms

Orders must be paid by credit card, PayPal, PostFinance, ApplePay, Twint, on account or by bank transfer. All payments are to be made in CHF. We reserve the right in some cases to require advance payment from the buyer, and we are in principle entitled to carry out a credit check before every order.

For this purpose, the personal data required for a credit check (first name, surname and address details) is transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, carries out a corresponding assessment of creditworthiness and credit standing on the basis of mathematical and statistical procedures. The information thus obtained about the statistical probability of a payment default is taken into account in the decision on the establishment, performance or termination of the contractual relationship.

The credit check is carried out in compliance with the relevant data protection provisions and with particular regard to your legitimate interests. Please note that only CRIF AG can provide information on which data was used to calculate your credit profile.

We further reserve the right to apply the buyer's payments to their older liabilities.

Purchase on account

The following conditions apply to purchases on account:

• The invoice is payable within 10 days.
• The invoice is paid on time if the amount owed is in the recipient's account by the end of the last day of the payment period.

If the payment deadline is not met and no fixed due date has been agreed, the customer is placed in default of payment by means of a reminder. In the event of default, the defaulting customer will be charged default interest of 5% plus reminder fees of up to CHF 25. If the claim is still not settled after a second/third reminder has been sent, Ultimus reserves the right to assign the claim to third parties or to instruct a debt collection agency, with the costs to be borne by the customer.

Costs in the event of default of payment

§8 Guarantee and warranty

The statutory warranty period for new goods is two years and begins with the handover (delivery) of the goods. If the goods are defective, they will – at our discretion – either be replaced free of charge with new, faultless goods or – in the case of minor, easily remediable defects – be repaired. We likewise reserve the right to offer a refund instead of a replacement. The right to rescission and reduction of the price is excluded provided that repair or replacement is possible, or unless repeated repair or replacement fails for reasons for which we are not responsible. During the two-year warranty period we additionally provide a guarantee. Warranty and guarantee are excluded if modifications or repairs have been carried out without our written consent, or if the damage is attributable to improper use or natural wear and tear. The delivery of replacement goods neither extends the original warranty or guarantee period nor starts a new period. The postage costs for warranty cases are borne by the buyer. Please report warranty cases to customer service at [email protected].

If examination of a returned item shows that there is no guarantee or warranty case, we reserve the right to charge the buyer for the inspection and processing costs incurred as well as any repair and shipping costs. We are entitled to retain the returned item until these costs have been paid in full.

Please note that for used products the statutory warranty obligation is only one year.

§9 Retention of title

Title to the delivered goods remains with us until payment has been made in full. We are entitled at any time to have an entry made in the register of retention of title. The customer is obliged to notify the company without delay of any change of residence or place of business for as long as claims for goods delivered are still outstanding or the goods have not yet been delivered.

§10 Data protection

For order processing we store relevant personal data and may also pass it on to third parties for this purpose. You will find further information on this in our privacy policy via the following link: Privacy Policy.

§11 Rights to content / copyright

We hold the exclusive rights to all content (for example images, product names, product descriptions) on our website, and it may not be copied without our explicit written consent.

Trademarks, product names and product images which are made available to us by third parties and which we display on our website may likewise not be copied. All rights to such third-party content lie with those third parties.

§12 Return of electrical and electronic equipment and batteries for disposal

End consumers can return electrical and electronic equipment as well as components of equipment of the brands and/or type that we carry in our range to us free of charge for proper disposal. In this case you are welcome to contact us by email at [email protected]. Batteries and rechargeable batteries must not be disposed of with household waste. Customers are advised that batteries and rechargeable batteries can be handed in free of charge at suitable collection points.

§13 End use and sanctions compliance

The customer undertakes and warrants that the products purchased by them:

• a) will be used exclusively for civil and not for military purposes;
• b) will neither directly nor indirectly be delivered, passed on or (re)sold to states that are subject to, or in breach of, embargo provisions of the United Nations (UN), the European Union (EU) or the Organization for Security and Co-operation in Europe (OSCE), nor to natural or legal persons, organisations or entities listed on sanctions lists of Switzerland, the EU or the UN;
• c) will not be used, in whole or in part, in connection with internal repression or the commission of serious violations of international human rights or international humanitarian law.

§14 Final provisions

The company reserves the right to amend these terms and conditions at any time.

The law applicable to any contracts as well as to these general terms and conditions is exclusively Swiss law at all times. The place of performance and (subject to the mandatory provisions of the Act on Jurisdiction) the exclusive place of jurisdiction is Altendorf SZ (Switzerland).

Last amended on 27 April 2026