GENERAL TERMS AND CONDITIONS
www.vmax-escooter.ch (an online shop of VMAX Global AG)
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts that are concluded between you (hereinafter referred to as "Customer") and VMAX Global AG, Alte Strasse 11, 4665 Oftringen (hereinafter referred to as "VMAX" or "Seller"). By placing your order, you acknowledge the GTC in the version applicable at the time of the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement for written form is also met if a declaration is included in an email.
1.2. Our product offering is exclusively aimed at customers with a habitual residence and a delivery address in Switzerland.
2. Product Offering and Conclusion of Contract
2.1. All product information in our catalogs or on our website is subject to change. We reserve the right to remove the products presented in the online shop from the offer or replace them with other products at any time without prior notice. The products offered in the online shop or the offers from us are non-binding. The submission of the order by the customer does not yet result in the conclusion of a contract. The contract comes into effect bindingly when we accept the customer's offer according to clause 2.3.
2.2. After submitting an online order, the customer receives an automated email at the specified email address confirming the receipt of the order (order confirmation). The order confirmation serves merely to inform that we have received the order.
2.3. A contract is only valid when we declare our acceptance of the contract. We declare our 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 shipping confirmation. This also conclusively determines the scope of the services.
3. Prices and Payment Terms
3.1. All prices are quoted gross in Swiss Francs (CHF) including VAT, any advance recycling fees, and copyright fees. Changes to the prices and terms indicated on the website are reserved, with the order date being the cut-off date.
3.2. Any transport costs will be calculated separately and communicated to the customer in advance. In general, free delivery within Switzerland applies for orders over CHF 100.-.
3.3. Payment of the purchase price can be made optionally and as far as available by credit card (VISA, Mastercard), postal card, PostFinance, TWINT, PayPal, or installment option (POWERPAY).
3.4 Purchase on account with installment option (POWERPAY): MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the individual invoice, you can easily settle your online purchase by invoice. If you waive payment within the specified timeframe, you will subsequently receive a monthly invoice with an order overview in the following month. Upon conclusion of the purchase contract, POWERPAY takes over the invoicing and manages the corresponding payment modalities. By purchasing on account, you accept our GTC in addition to 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 specified by the buyer.
4.2 Information about the delivery time is to be understood as approximate and non-binding. All items will be delivered immediately if available from stock. The specific delivery time is listed 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 an address from you. In the event of delivery delays, such as due to force majeure, traffic disruptions, and official decrees, as well as other events not attributable to us, no claims for damages can be asserted against us.
4.3. Our service is a shipping duty and is fulfilled upon handover to the carrier. After shipment, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for damages caused by the transport company used.
4.4. The delivery times specified 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 is received. VMAX is entitled to make a corresponding entry in the retention of title register. If the customer falls into arrears with payment of the purchase price, VMAX is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.
6. Obligation to Inspect and Report Defects, Liability for Defects
6.1. The customer is obliged to inspect the delivered products as soon as it is practicable in the usual course of business and to notify our customer service of any defects immediately at info@vmaxglobal.net. If you fail to do this, the products are deemed approved. Approval shall be deemed to have taken place in any case unless the customer has raised a defect complaint with customer service by email within 5 days after delivery.
6.2. Defects that were not recognizable during a proper inspection according to the preceding paragraph must be reported to our customer service by email to info@vmaxglobal.net immediately after discovery; otherwise, the ordered products shall also be considered 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 by email after receipt of the written complaint. The incurred transport costs are to be borne by the customer.
7. Warranty
7.1. We guarantee 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 in consumables. The warranty period begins with the delivery of the product to the customer.
7.2. In the case of a legitimately reported defect, we will remedy it at our discretion either by providing a substitute service, namely by eliminating the defect (repair) or by providing a defect-free item (replacement). All exchanged and replaced old devices and parts become the property of the seller. Repair of the product leads to a restart of the warranty period for the repaired or replaced part according to clause 7.1.
7.3. If the substitute service fails, the customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. A right of the customer to reduction is excluded. This exclusion of liability also applies to all claims that compete with the warranty rights, whether arising from contract (Art. 97 et seq. OR), tort (Art. 41 et seq. OR), contestation of the contract due to error (Art. 23 et seq. OR), etc. Further warranty claims, especially claims for damages, are excluded.
7.4. The warranty is particularly excluded if:
- the product has not been properly commissioned or used as per the instructions within the private sector;
- the product has been used or handled in a way that is advised against or warned against in the instruction manual;
- the product has been improperly handled or maintained, particularly 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 illegible in any other way;
- repairs, adjustments, or modifications to the product have been made by persons or companies not authorized by us;
- damages have occurred due to external influences (lightning, water, fire, etc.) or improper handling;
- the product has been used entirely or partially for professional or commercial purposes;
- the product has reduced performance due to using spare parts and accessories not manufactured by us;
- improper transport (e.g., with unsuitable packaging) has caused damage or the product has suffered drop damage;
- contaminations such as strong dust or nicotine deposits in ventilation slots, fans, displays, lamps, etc. impair the functionality of the product.
7.5. The customer receives further guarantees in the legal sense from VMAX only for specific products and by individual agreement. Manufacturer guarantees remain unaffected by this. Warranty certificate and/or proof of purchase (invoice) must be kept carefully. In the absence of these, all warranty claims become void.
7.6. The seller assumes no liability for descriptions provided by third parties.
8. Right of Return
8.1. The customer may return the received goods within two weeks, providing reasons, by returning the goods. The period begins after receipt of the goods.
8.2. Timely dispatch of the goods or return request suffices to meet the deadline. The return or return request must be sent to:
VMAX Global AG
Service Center
Alte Strasse 11
4665 Oftringen
8.3. The goods must be returned in the original packaging, complete with all accessories, and include the delivery note and a return declaration.
8.4. In the case of a valid return, the mutually received performances must be refunded, and any benefits derived (e.g., use advantages) must be returned. We reserve the right to charge a processing fee for the return. In the event of deterioration of the goods, compensation for value may be claimed. This does not apply if the deterioration of the goods is exclusively due to their examination – as would have been possible in a retail outlet. Returns must be sent back to us at the customer's cost and risk. The refund may be withheld until the goods have arrived back with us.
8.5 Shipping costs for the order are not refunded in the event of a return.
9. Warranty and Liability (Bring-in/Send-in Warranty)
9.1. All cases of breaches of contract and their legal consequences, as well as all claims by the customer, regardless of their legal basis, are conclusively regulated in these GTC. Other claims from the buyer – irrespective of the legal basis – are excluded to the extent permitted by law. The seller, its agents, and any possible authorized representatives are not liable for damages not occurring to the goods themselves, in particular not for consequential defects, lost profits, or other financial losses of the buyer. Any claims for damages are excluded.
9.2. The products are labeled in the online shop regarding road registration. The customer is liable for the use of a product not registered for road use in public traffic. We exclude all claims for damages and liability claims in the case of unlawful use by the customer. The customer is aware and confirms with the order that he/she has taken note of the information regarding road registration and agrees to the consequences. The use of the products is at the customer's own risk. We make it clear that non-road-registered products may only be used on private property.
10. Intellectual Property
10.1. VMAX reserves all rights to every design, text, graphic on its website. Copying or other reproductions of the entire website or parts thereof is only permitted for the purpose of placing an order at www.vmax-escooter.ch. The name VMAX, all headers, navigation bars, graphics, and button symbols are registered trademarks or service marks of VMAX. All other trademarks, product names, or company names cited on this website are the sole property of the respective owners. VMAX reserves ownership and copyright on illustrations, drawings, calculations, and other documents. Before transferring them to third parties, the customer requires the express written consent of the owning company VMAX.
11. Data Protection
11.1. The collection and processing of personal data of customers by VMAX are explained in the privacy policy. This forms an integral part of this GTC. The privacy policy is available at www.vmax-escooter.ch/datenschutzerklaerung .
12. Final Provisions
12.1. Should individual provisions of these GTC be invalid or incomplete, or should fulfillment become impossible, the validity of the other provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a permissible valid regulation that comes closest to the original intent and the economic purpose pursued.
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 of the written form requirement. As soon as the customer takes advantage of the seller's services after the change, he/she implicitly agrees to the new GTC. The currently binding version of the GTC can be viewed and printed at www.vmax-escooter.ch/agb .
12.3. Any differing contractual conditions of the customer, including those which the customer declares to be applicable together with the acceptance of the contract, will not form part of the contract. They will only be valid if and to the extent that they have been expressly accepted by the seller in writing.
13. Place of Jurisdiction and Applicable Law
13.1. Swiss law is exclusively applicable, excluding the provisions of the Vienna Sales Convention. The competent courts are the ordinary courts at the seller's registered office:
VMAX Global AG
Alte Strasse 11
4665 Oftringen
Switzerland
Legal form: Joint-stock company under Swiss law
CHE-152.315.055
Rothrist, 29.07.2022