GENERAL TERMS AND CONDITIONS

www.vmax-escooter.ch (an online shop of VMAX Global AG)

1. Scope of Applicability

1.1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you (hereinafter "Customer") and VMAX Global AG, Spiegelpark 1, 4665 Oftringen (hereinafter "VMAX" or "Seller"). In the context of the ordering process, you acknowledge the GTC in the version applicable at the time of placing the order. All oral and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also fulfilled if a statement is included in an email.

1.2. Our product offering is exclusively aimed at customers with a permanent residence and a delivery address in Switzerland.

2. Product Offer and Conclusion of Contract

2.1. All product information in our catalogs or on our website is non-binding. We reserve the right to remove or replace the products presented in the online shop at any time without prior notice. The products offered in the online shop or our offers are non-binding. The submission of the order by the customer does not yet constitute a conclusion of the contract. The contract is conclusively concluded when we accept the customer's offer according to clause 2.3.

2.2. After submitting an online order, the customer will receive an automated email at the specified email address confirming the receipt of the order (order confirmation). The order confirmation serves only to inform 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 no later than by delivering the goods.

2.4. The contract is only concluded for those items expressly listed in our shipping confirmation. This also conclusively defines the extent of services.

3. Prices and Payment Terms

3.1. All prices are gross in Swiss Francs (CHF) including VAT, possibly advanced recycling fees and copyright fees. Changes to the prices and conditions specified on the website are reserved, with the order date being the relevant point of reference.

3.2. Any transport costs will be calculated separately and communicated to the customer in advance. Generally, free delivery within Switzerland applies for an order value of CHF 100.- and above.

3.3. Payment of the purchase price can be made, where available, via credit card (VISA, Mastercard), PosteCard, PostFinance, TWINT, PayPal, or installment option (POWERPAY).

3.4. Purchase on account with installment option (POWERPAY) MF Group / POWERPAY offers "purchase on invoice" as an external payment service provider. With the individual invoice, you can easily settle your online purchase by invoice. If you forgo payment within the specified timeframe, you will receive a monthly invoice with the order overview in the following month. Upon concluding the purchase contract, POWERPAY takes over the invoiced amount and processes the corresponding payment modalities. When purchasing on account, you accept, in addition to our GTC, the GTC of POWERPAY. (powerpay.ch/de/agb). 

4. Delivery Conditions

4.1. VMAX limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person provided by the buyer.

4.2. Estimates of delivery times are non-binding. As far as possible, all items will be delivered immediately if available from stock. The specific delivery period is specified in the shipping confirmation. If an item is not available at short notice, we will inform you by email about the expected delivery time, provided we have a valid address from you. In the event of delivery delays due to force majeure, traffic disturbances, regulatory provisions, and other events for which we are not responsible, no claims for damages can be asserted against us.

4.3. Our obligation is a shipping obligation and is fulfilled with the handover to the carrier. After shipment, the risk of accidental deterioration and loss of the goods passes to the customer. We are not liable for any fault of the transport company used.

4.4. The delivery times stated in the online shop or in our shipping confirmation according to clause 2.3. are calculated from the time of our shipping confirmation.

5. Retention of Title

5.1. The delivered goods remain the property of VMAX until full payment has been made. VMAX is entitled to make an appropriate entry in the retention of title register. If the customer is in default of payment of the purchase price, VMAX is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

6. Inspection and Notification of Defects, Liability for Defects

6.1. The customer is obliged to inspect the delivered products as soon as it is practicable in the ordinary course of business and to inform our customer service at info@vmaxglobal.net of any defects immediately. If you omit to do this, the products shall be deemed approved. Approval is considered given in any case if the customer does not raise a defect complaint via email to customer service within 5 days of delivery.

6.2. Defects that are not apparent with proper inspection according to the preceding paragraph must be communicated to our customer service by email at info@vmaxglobal.net immediately after discovery; otherwise, the ordered products shall also be deemed approved regarding 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 via email after the written complaint has been received. The transport costs incurred will 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 itself (excluding battery and consumables) and 6 months for a material defect of consumables. The warranty period begins with the delivery of the product to the customer.

7.2. In the event of a validly reported defect, we will remedy it at our discretion either through replacement performance, namely by eliminating the defect (subsequent performance) or delivering a defect-free item (replacement delivery). All exchanged and replaced used devices and parts become the property of the seller. Repair of the product leads to a reset of the warranty period for the repaired or replaced part according to clause 7.1.

7.3. If the replacement performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right of reduction by the customer is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, whether based on contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), challenge of the contract due to error (Art. 23 ff. OR), etc. Further warranty claims, in particular claims for damages, are excluded.

7.4. The warranty is particularly excluded if:

• the product was not operated or used properly according to the instructions for use in the private sector;
• the product was used or handled in a way that is advised against or warned in the instructions for use;
• the product was improperly treated or maintained, especially with means or methods that cause physical or superficial damage (e.g., to displays);
• the type designation and serial number on the product have been changed, deleted, removed, or made unreadable in other ways;
• repairs, adjustments or modifications to the product were made by persons or companies that are not authorized by us to do so;
• damage exists due to external influences (lightning, water, fire, etc.) or due to improper handling;
• the product was fully or partially used for professional or commercial purposes;
• the product has a low performance because spare parts and accessories were used that were not manufactured by us;
• improper transport (e.g., with unsuitable packaging) caused damage or the product suffered impact damage;
• contaminations such as heavy dust or nicotine deposits in ventilation slots, fans, on displays, lamps, etc., impair the functionality of the product.

7.5. Further warranties in the legal sense are granted to the customer by VMAX only for specific products and upon individual agreement. Manufacturer warranties remain unaffected. Warranty certificates and/or proof of purchase (invoice) must be kept carefully. If these are missing, any warranty claim shall be void.

7.6. The seller assumes no liability for descriptions made by third parties.

8. Right of Withdrawal

8.1. The customer can return the received goods within two weeks by sending the goods back, stating the reasons. The period begins after receipt of the goods.

8.2. To comply with the deadline, it is sufficient to send the goods or the request for withdrawal in time. The return or request for withdrawal must be addressed to:

VMAX Global AG
Service Center
Spiegelpark 1
4665 Oftringen

8.3. The goods must be returned in their original packaging, complete with all accessories and a copy of the delivery note and a return statement.

8.4. In the event of an effective return, the received performances on both sides are to be refunded and any benefits derived (e.g., advantages of use) returned. We reserve the right to charge a processing fee for the return. In case of deterioration of the goods, compensation for value may be claimed. This does not apply if the deterioration of the goods is solely due to their inspection - as it could have been possible for you in the store. Returns are to be sent back to us at the customer's expense and risk. Refunds may be withheld until the goods have arrived at our premises.

8.5. The shipping costs of the order will not be refunded in the event of a return.

9. Warranty and Liability (Bring-in/Send-in Warranty)

9.1. All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal reason for their assertion, are conclusively regulated in these GTC. Other claims by the buyer - regardless of the legal reason - are excluded, as far as legally permissible. The seller, its assistants, and any vicarious agents are not liable for damages that are not incurred on the goods themselves, in particular not for consequential damages, lost profits, or other financial losses of the buyer. Any claims for damages are excluded.

9.2. The products are marked in the online shop regarding road registration. The customer is liable for the use of a non-road-registered product in road traffic. We exclude any claims for damages and liability for illegal use by the customer. The customer is aware and confirms with the order that they have taken note of the information regarding road registration and agrees to its consequences. The use of the products is at the customer's own risk. We clarify that non-road-registered products may only be used on private property.

10. Intellectual Property

10.1. VMAX reserves all rights to each design, text, and graphic on its website. Copying or other reproductions of the entire website or parts thereof are permitted only for the purpose of placing an order at www.vmax-escooter.ch. The name VMAX, all page headers, navigation bars, graphics, and button symbols are registered trademarks, trade names, or protective marks of VMAX. All other trademarks, product names, or company names as well as logos cited on this website are the exclusive property of their respective owners. VMAX retains ownership and copyright of images, drawings, calculations, and other documents. Before forwarding them to third parties, the customer must obtain the express written consent of the owning company VMAX.

11. Data Protection

11.1. The collection and processing of the personal data of customers by VMAX is explained in the privacy policy. This forms an integral part of these GTC. The privacy policy is available at www.vmax-escooter.ch/datenschutzerklaerung .

12. Final Provisions

12.1. If individual provisions of these GTC are ineffective or incomplete, or if fulfillment becomes impossible, the effectiveness of the remaining provisions shall not be affected thereby. The contracting parties agree to replace the ineffective provision with a permissible effective regulation that comes closest to the original intention and the economic purpose pursued thereby.

12.2. All changes or additions to these GTC require a form that enables proof by text, such as fax and email. This also applies to a change in the written form requirement. As soon as the customer avails themselves of the seller's services after the amendment, they implicitly agree to the new GTC. The currently binding version of the GTC can be viewed and printed at www.vmax-escooter.ch/agb .

12.3. Contradicting contractual conditions of the customer, including those that the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They are only valid if and to the extent that they have been expressly and in writing accepted by the seller.

13. Jurisdiction and Applicable Law

13.1. Exclusively Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The competent court is the ordinary courts at the registered office of the seller

VMAX Global AG
Spiegelpark 1
4665 Oftringen
Switzerland
Legal form: Corporation under Swiss law
CHE-152.315.055

Rothrist, 29.07.2022