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 "GTC") apply to all contracts concluded between you (hereinafter "Customer") and VMAX Global AG, Industrieweg 32, 4852 Rothrist (hereinafter "VMAX" or "Seller"). By proceeding with the ordering process, you acknowledge the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement for written form is also fulfilled if a statement is included in an email.
1.2. Our product offerings are exclusively intended for customers with a permanent residence and a delivery address in Switzerland.
2. Product Offering and Conclusion of Contract
2.1. All information regarding products in our catalogs or on our website is non-binding. We reserve the right to remove the products presented in the online shop from the offering or replace them with other products 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 result in a contract conclusion. A binding contract is concluded when we accept the customer's offer as per section 2.3.
2.2. After submitting an online order, the customer receives an automated email to the provided email address confirming receipt of the order (order confirmation). The order confirmation serves only as information that we have received the order.
2.3. A contract becomes valid only when we declare the acceptance of the contract. We declare the acceptance of the contract by sending the customer a shipping confirmation or at the latest, by delivering the product.
2.4. The contract is only valid for those items listed explicitly in our shipping confirmation. This also defines the scope of service conclusively.
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 stated on the website are reserved, with the date of the order being the cutoff date.
3.2. Any shipping costs will be calculated separately and communicated to the customer in advance. Generally, free delivery is applicable across Switzerland for orders over CHF 100.-.
3.3. The payment of the purchase price can be made optionally and where available via credit card (VISA, Mastercard), PostCard, 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 simply settle your online purchase by invoice. If you forgo payment within the specified timeframe, you will receive a monthly invoice with an order summary in the following month. Upon concluding the purchase contract, POWERPAY assumes the resulting invoice claim and manages the corresponding payment modalities. With the purchase on account, you accept our GTC in addition to the GTC of POWERPAY. (powerpay.ch/de/agb).
4. Delivery Conditions
4.1. VMAX restricts deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person provided by the buyer.
4.2 Information regarding delivery times is to be understood as estimated and non-binding. As far as possible, all items will be delivered immediately, if available from stock. The specific delivery time is stated in the shipping confirmation. Should an item be temporarily unavailable, we will inform you via email about the expected delivery time, provided we have an address from you. In case of delivery delays, such as due to force majeure, traffic disturbances, and orders from higher authority, as well as other events for which we are not responsible, no claims for damages can be raised against us.
4.3. Our service is considered a shipping obligation and is fulfilled with the handover to the transport person. After shipment, the risk of accidental deterioration and accidental loss of the goods transfers 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 as per section 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 a corresponding entry in the retention of title register. If the customer falls behind with the payment of the purchase price, VMAX is entitled to withdraw from the contract (withdrawal declaration) and take possession of the goods.
6. Inspection and Complaint Duty, Liability for Defects
6.1. The customer is obliged to inspect the delivered products as soon as is practicable according to usual business processes and to report any recognized defects immediately to our customer service at info@vmaxglobal.net. If you fail to do so, the products shall be deemed approved. The approval is deemed to have taken place in any case if the customer has not raised a complaint regarding defects via email to customer service within 5 days of delivery.
6.2. Defects that were not recognizable upon proper inspection according to the preceding paragraph must be reported to our customer service by email at info@vmaxglobal.net immediately after discovery, otherwise, the ordered products will 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 email after receipt of the written complaint. The shipping costs incurred will be borne by the customer.
7. Warranty
7.1. We guarantee the defect-free and functional state of the delivered products for a period of 2 years for the product itself (excluding battery and consumables) and 6 months for material defects of the consumables. The warranty period begins with the delivery of the product to the customer.
7.2. In case of a legitimately reported defect, we will remedy it at our choice either through a replacement service, specifically by eliminating the defect (repair) or delivering a defect-free item (replacement delivery). All exchanged and replaced old devices and parts will become the property of the seller. The repair of the product will lead to a new beginning of the warranty period for the repaired or replaced part according to section 7.1.
7.3. If the replacement service fails, the customer is entitled to withdraw from the contract. This does not apply in case of insignificant defects. The customer's right to reduction is excluded. This exclusion of liability also extends to all claims that compete with warranty rights, whether arising from 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 specifically excluded if:
- the product was not operated or used properly according to the operating instructions in the private sector;
- the product was used or handled in a manner that is advised against or warned about in the operating instructions;
- the product was improperly treated or maintained, in particular with 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 rendered illegible in any other way;
- repairs, adjustments, or modifications to the product were made by persons or companies not authorized by us;
- damage exists that was caused by external influences (lightning, water, fire, etc.) or by improper handling;
- the product has been used entirely or partially for professional or commercial purposes;
- the product has low performance because replacement parts and accessories were used that were not manufactured by us;
- improper transport (e.g., with inappropriate packaging) 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. Further guarantees in the legal sense are granted to the customer by VMAX only for specific products and after individual agreement. Manufacturer warranties remain unaffected. Warranty certificates and/or proof of purchase (invoice) must be kept carefully. In the absence thereof, any warranty claim becomes 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 upon receipt of the goods.
8.2. Timely dispatch of the goods or the return request is sufficient to comply with the deadline. The return or return request must be sent to:
VMAX Global AG
Service Center
Industrieweg 32
CH-4852 Rothrist
8.3. The goods must be returned in the original packaging, complete with all accessories and with the delivery note and a return declaration included.
8.4. In the case of an effective return, the services received by both parties will be refunded and any benefits derived (e.g., usage advantages) must be 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 demanded. 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 retail store. Returns must be sent back to us at the customer's expense and risk. Refunds may be withheld until the goods have arrived at our location.
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 basis, are conclusively regulated in these GTC. Other claims by the buyer – regardless of the legal basis – are excluded to the extent permitted by law. The seller, its auxiliary persons, and any vicarious agents are not liable for damages that did not occur to the goods themselves, in particular not for consequential damages, lost profits, or other property damages 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 claims in cases of unlawful 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 with the consequences. The use of the products is at the customer's 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 every design, every text, every graphic on its website. Copying or other reproductions 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 name VMAX, all page headers, navigation bars, graphics, and button symbols are registered trademarks, trade marks, or protective marks of VMAX. All other trademarks, product names, or company names or logos mentioned on this website are the sole property of their respective owners. VMAX retains ownership and copyright of images, drawings, calculations, and other documents. Before passing them on to third parties, the customer requires the express written consent of the owner company VMAX.
11. Data Protection
11.1. The collection and processing of customers' personal data 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. Should individual provisions of these GTC be invalid or incomplete, or should fulfillment become impossible, the validity of the remaining 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 any change to the written form requirement. Once the customer utilizes the seller's services after the change, they implicitly agree to the new GTC. The version of the GTC that is binding at all times can be viewed and printed at www.vmax-escooter.ch/agb .
12.3. The customer's differing contractual conditions, including those that the customer declares applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and insofar as they have been expressly and in writing accepted by the seller.
13. Jurisdiction and Applicable Law
13.1. Exclusively Swiss law applies with the exclusion of the standards of the Vienna Sales Law. The competent jurisdiction is the ordinary courts at the seller's registered office.
VMAX Global AG
Alte Strasse 11
4665 Oftringen
Switzerland
Legal form: Corporation under Swiss law
CHE- 152.315.055
Rothrist, 29.07.2022