GENERAL TERMS AND CONDITIONS

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

1. Scope

1.1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you (hereinafter referred to as "Customer") and VMAX Global AG, Industrieweg 32, 4852 Rothrist (hereinafter "VMAX" or "Seller"). By placing your order, you acknowledge the GTC in the version applicable 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 declaration is included in an email.

1.2. Our product offering is exclusively directed to customers with a usual 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 non-binding. We reserve the right to remove products presented in the online shop from the offering at any time without prior notice or to replace them with other products. The products offered in the online shop or our offers are non-binding. The submission of the order by the customer does not yet conclude a contract. The contract is concluded when we accept the customer's offer in accordance with clause 2.3.

2.2. After submitting an online order, the customer receives an automated email to the specified email address confirming receipt of the order (order confirmation). The order confirmation serves solely to inform that we have received the order.

2.3. A contract is only validly concluded when we declare the 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 concluded only for those items expressly listed in our shipping confirmation. This also conclusively defines the scope of services.

3. Prices and Payment Terms

3.1. All prices are gross in Swiss Francs (CHF) including VAT, any advance recycling fees, and copyright fees. Changes to the prices and conditions stated on the website are reserved, with the order date being the date of determination.

3.2. Any transport costs will be calculated separately and communicated to the customer in advance. Generally, free delivery is valid across Switzerland for orders over CHF 100.-.

3.3. Payment of the purchase price can be made optionally by credit card (VISA, Mastercard), post 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 pay for your online purchase by invoice. If you forgo payment within the specified time frame, you will receive a monthly invoice with an order summary the following month. Upon conclusion of the purchase contract, POWERPAY assumes the invoiced amount and handles the respective payment modalities. By 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. Deliveries are made directly to the delivery address and contact person provided by the buyer.

4.2. Information about the delivery period is understood as an approximate indication and is non-binding. If 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 cases of delivery delays, such as due to force majeure, traffic disturbances, and orders from superior authority, as well as other events for which we are not responsible, no claim for damages can be made against us.

4.3. Our service is a performance obligation and is fulfilled upon handover to the transport person. After shipment, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for any fault of the employed transport company.

4.4. The delivery times specified in the online shop or in our shipping confirmation according to clause 2.3. are calculated from the moment 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 is in default of payment for the purchase price, VMAX is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.

6. Inspection and Complaint Obligation, Liability for Defects

6.1. The customer is obliged to inspect the delivered products as soon as is feasible in the ordinary course of business and to immediately notify our customer service at info@vmaxglobal.net of any defects found. If you fail to do so, the products are deemed approved. Approval is deemed granted in any case if the customer does not raise a complaint by email to customer service within 5 days after delivery.

6.2. Defects that are not recognizable upon proper inspection according to the preceding paragraph must be reported immediately to our customer service by email at info@vmaxglobal.net after discovery; otherwise, the ordered products are also considered 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 via email after receipt of the written complaint. The transport costs incurred are to 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 the 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 the defect at our discretion either by replacement performance, namely by remedying the defect (repair) or delivering a defect-free item (replacement delivery). All exchanged and replaced old devices and parts 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 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 minor defects. The customer's right to reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, whether such claims arise from contract (Art. 97 et seq. OR), tort (Art. 41 et seq. OR), repudiation 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 was not operated or used properly according to the instructions for use in the private sector;
• the product was used or handled in a manner discouraged or warned against in the instructions for use;
• the product was improperly handled or maintained, especially using means or methods that caused physical or surface damage (e.g., to displays);
• the type designation and serial number on the product have been altered, 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;
• there are damages caused by external influences (lightning, water, fire, etc.) or by improper handling;
• the product was used wholly or partially for professional or commercial purposes;
• the product shows low performance because spare parts and accessories not manufactured by us were used;
• improper transport (e.g., with unsuitable packaging) caused damage or the product suffered drop damage;
• contaminations, such as heavy dust or nicotine deposits in ventilation slots, fans, on displays, lights, etc., impair the functionality of the product.

7.5. Further guarantees in a legal sense are provided to the customer by VMAX only for specific products and after individual agreement. Manufacturer guarantees remain unaffected. Warranty certificates and/or proof of purchase (invoice) must be kept carefully. In the absence of the same, any warranty claim becomes void.

7.6. The seller assumes no liability for third-party descriptions.

8. Right of Withdrawal

8.1. The customer can return the received goods for any reason within two weeks by returning the goods. The period begins upon receipt of the goods.

8.2. To comply with the deadline, timely dispatch of the goods or the return request is sufficient. 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 their original packaging, complete with all accessories, and with a delivery note and a return declaration.

8.4. In the case of a valid return, any received benefits on both sides must be refunded and any benefits enjoyed (e.g., usage advantages) must be returned. We reserve the right to charge a processing fee for the return. In the event of depreciation of the goods, compensation for value may be requested. This does not apply if the depreciation of the goods is solely due to their examination – as it would have been possible for you in a retail store. Returns are to be sent to us at the customer's expense and risk. Refund can be refused 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 on which they are made, are conclusively regulated in these GTC. Other claims of the buyer – regardless of the legal basis – are excluded, insofar as legally permissible. The seller, its agents, and any subcontractors are not liable for damages not arising 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 with regard to road registration. The customer is liable for the use of a product that is not road approved in road traffic. We exclude any claims for damages and liability claims in case of illegal use by the customer. The customer is aware and confirms with the order that they have taken note of the information regarding road approval and agrees with the consequences. The use of the products is at the customer's own risk. We clarify that non-road approved products may only be used on private property.

10. Intellectual Property

10.1. VMAX retains all rights to each design, text, 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 headings, navigation bars, graphics, and button icons are registered trademarks, trade marks, or protected marks of VMAX. All other trademarks, product names, or company names or logos cited on this website are the exclusive property of their respective owners. VMAX reserves the ownership and copyright on illustrations, drawings, calculations, and other documents. Before passing them on to third parties, the customer requires the explicit 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 ineffective or incomplete, or should fulfillment become impossible, the effectiveness of the remaining provisions shall not be affected. The contracting parties undertake to replace the ineffective provision with a permissible effective regulation that comes closest in its content to the original intention and the economic purpose thereby pursued.

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

12.3. Deviating contractual conditions of the customer, including those which the customer declares applicable together with the acceptance of the contract, will not become a 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. Only Swiss law applies, excluding the norms of the Vienna Sales Law. The ordinary courts at the seat of the seller are the place of jurisdiction.

VMAX Global AG
Industrieweg 32
4852 Rothrist
Switzerland
Legal form: Stock corporation under Swiss law
CHE- 152.315.055

Rothrist, 29.07.2022