GENERAL TERMS AND CONDITIONS
www.vmax-escooter.ch(an online store of VMAX Global AG)
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between you (hereinafter referred to as "customer") and VMAX Global AG, Industrieweg 32, 4852 Rothrist (hereinafter "VMAX" or "saleswoman") can be concluded. As part of the ordering process, you accept the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.
1.2 Our range of goods is aimed exclusively at customers with a habitual residence and a delivery address in Switzerland.
2 Product offer and conclusion of contract
2.1 All information on products in our catalogs or on our website is subject to change. We reserve the right to remove the products presented in the online store from the range or replace them with other products at any time without prior notice. The products offered in the online store and our offers are non-binding. The dispatch of the order by the customer does not constitute the conclusion of a contract. The contract becomes binding when we accept the customer's offer in accordance with section 2.3.
2.2 After sending an online order, the customer receives an automated e-mail to the e-mail address provided, in which we confirm receipt of the order (order confirmation). The order confirmation merely serves to inform the customer that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by sending the customer a shipping confirmation or, at the latest, by delivering the goods.
2.4 The contract is only concluded for those items that are expressly listed in our confirmation of dispatch. This also conclusively defines the scope of performance.
3 Prices and terms of payment
3.1 All prices are quoted gross in Swiss francs (CHF) including VAT and, where applicable, advance recycling fees and copyright levies. The prices and conditions stated on the website are subject to change, whereby the effective date shall be the date of the order.
3.2 Any transportation costs shall be calculated separately and communicated to the customer in advance. As a rule, free delivery applies throughout Switzerland from an order value of CHF 100.
3.3 Payment of the purchase price can be made by credit card (VISA, Mastercard), postcard, PostFinance, TWINT, PayPal or installment facility (POWERPAY), if available.
3.4 Purchase on account with installment facility (POWERPAY) MF Group / POWERPAY offers the payment method "Purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month. When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, in addition to our general terms and conditions, you accept the GTC of POWERPAY. (powerpay.ch/en/agb).
4. terms of delivery
4.1 VMAX limits deliveries to the territory of Switzerland. Deliveries are made directly to the delivery address and contact person specified by the buyer.
4.2 Information on the delivery period is to be understood as estimated information and is non-binding. Where possible, all items will be delivered immediately if available from stock. The specific delivery period is stated in the shipping confirmation. If an item is not available at short notice, we will inform you by e-mail of the expected delivery time, provided we have an address from you. In the event of delays in delivery, for example due to force majeure, traffic disruptions and orders from higher authorities, as well as other events for which we are not responsible, no claims for damages can be made against us.
4.3 Our performance is a debt to be discharged and is fulfilled when the goods are handed over to the carrier. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We shall not be liable for any fault on the part of the transport company used.
4.4 The delivery times stated in the online store or in our shipping confirmation in accordance with Clause 2.3. are calculated from the time of our shipping confirmation.
5. reservation of title
5.1 The delivered goods remain the property of VMAX until payment has been made in full. VMAX is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, VMAX is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.
6 Duty to inspect and give notice of defects, liability for defects
6.1 The customer is obliged to inspect the delivered products as soon as this is feasible in the normal course of business and to notify our customer service department at info@vmaxglobal.net immediately of any defects detected. If you fail to do so, the products shall be deemed to have been approved. Approval shall in any case be deemed to have taken place if the customer has not submitted a complaint by e-mail to customer service within 5 days of delivery.
6.2 Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to info@vmaxglobal.net, otherwise the ordered products shall also be deemed approved with regard to these defects.
6.3 The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transportation costs incurred shall be borne by the customer.
7 Warranty
7.1 We guarantee the freedom from defects and functionality of the delivered products for a period of 2 years for the product as such (without battery and consumables) and 6 months for a material defect in the consumables. The warranty period begins with the delivery of the product to the customer.
7.2 In the event of a defect that has been duly notified, we shall remedy the defect at our discretion either by providing a replacement, namely by rectifying the defect (rectification) or by delivering a defect-free item (replacement delivery). All exchanged and replaced old appliances and parts shall become the property of the seller. The repair of the product leads to a new start of the warranty period for the repaired or replaced part in accordance with clause 7.1.
7.3 If the replacement service fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer's right to a reduction in price is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), rescission of the contract due to error (Art. 23 ff. CO), etc. Further warranty claims, in particular claims for damages, are excluded.
7.4 The guarantee/warranty is excluded in particular if:
- the product has not been put into operation or used in accordance with the instructions for use in the private sphere;
- the product has been used or handled in a manner that is advised against or warned against in the instructions for use;
- the product has been improperly handled or maintained, in particular using means or methods that result in physical or superficial damage (e.g. to displays);
- the type designation and serial number on the product have been changed, deleted, removed or made illegible in any other way;
- repairs, adjustments or modifications have been made to the product by persons or companies not authorized by us;
- damage has been caused by external influences (lightning, water, fire, etc.) or improper handling;
- the product has been used professionally or commercially in whole or in part;
- the product has a low working performance because spare parts and accessories were used that were not manufactured by us;
- improper transportation (e.g. with unsuitable packaging) has caused damage or the product has suffered fall damage;
- soiling such as heavy dust or nicotine deposits in ventilation slots, fans, on displays, lamps, etc. impair the functionality of the product.
7.5 VMAX provides the customer with further guarantees in the legal sense only for specific products and by individual agreement. Manufacturer warranties remain unaffected by this. The warranty certificate and/or proof of purchase (invoice) must be kept in a safe place. If these are missing, any warranty claim shall become invalid.
7.6 The seller assumes no liability for the descriptions of third parties.
8. right of return
8.1 The customer may return the goods received within two weeks by giving reasons. The period begins after receipt of the goods.
8.2 Timely dispatch of the goods or the request to return the goods shall be sufficient to meet the deadline. The return shipment or the return request must be sent to:
VMAX Global AG
Service Center
Industrieweg 32
CH-4852 Rothrist
8.3 The goods must be returned in their original packaging, complete with all accessories and accompanied by the delivery bill and a declaration of return.
8.4 In the event of an effective return, the services received by both parties must be refunded and any benefits derived (e.g. benefits of use) surrendered. We reserve the right to charge a processing fee for the return. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a store, for example. Returns are to be sent back to us at the customer's expense and risk. Repayment may be refused until we have received the goods.
8.5 The shipping costs of the order will not be refunded in the event of a return.
9 Guarantee and liability (Bring-in/Send-in guarantee)
9.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the Buyer - irrespective of the legal grounds - are excluded to the extent permitted by law. The Seller, its auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Buyer. Any claims for damages are excluded.
9.2 The products are marked in the online store with regard to road approval. The customer is liable for the use of a non-road-approved product in road traffic. We exclude all claims for damages and liability claims in the event of unlawful use by the customer. The customer is aware and confirms with the order that he has taken note of the information regarding road approval and agrees to the consequences. The use of the products is the responsibility of the customer. We make it clear that non-road-approved products may only be used on private property.
10 Intellectual property
10.1 VMAX reserves all rights to every design, text and graphic on its website. Copying or other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order at www.vmax-escooter.ch. The VMAX name, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or service marks of VMAX. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. VMAX reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of the owner company VMAX before passing them on to third parties.
11. data protection
11.1 The collection and processing of the customer's personal data by VMAX is explained in the privacy policy. This forms an integral part of these GTC. The privacy policy is available atwww.vmax-escooter.ch/datenschutzerklaerungavailable.
12. final provisions
12.1 Should individual provisions of these GTC be invalid or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the original intention and economic purpose of the invalid provision.
12.2 All amendments or additions to these GTC must be made in a form that can be evidenced by text, such as fax and e-mail. This also applies to a change to the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC. The binding version of the GTC is available atwww.vmax-escooter.ch/agbcan be viewed and printed.
12.3 Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by the seller in writing.
13 Place of jurisdiction and applicable law
13.1 Swiss law shall apply exclusively to the exclusion of the norms of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the seller
VMAX Global AG
Industrieweg 32
4852 Rothrist
Switzerland
Legal form: Public limited company under Swiss law
CHE- 152.315.055
Rothrist, 29.07.2022