General Terms and Conditions (AGB)
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 concluded between you (hereinafter referred to as “Customer”) and VMAX Global AG, Industrieweg 32, 4852 Rothrist (hereinafter referred to as “VMAX” or “Seller”). During the ordering process you accept the terms and conditions 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 of written form is also fulfilled if a declaration is contained in an e-mail.
1.2 Our range of goods is exclusively intended for customers with habitual residence and a delivery address in Switzerland.
2. product offer and conclusion of contract
2.1 All information about products in our catalogues or on our website is subject to change. The offer to conclude a sales contract is made by the customer. The customer remains bound to the order for one week. The contract shall be binding if we accept the customer’s offer within the period of time according to section 2.3.
2.2 After submitting an online order, the customer receives an automated e-mail to the e-mail address provided by us confirming receipt of the order (order confirmation). The order confirmation serves only as information that we have received the order.
2.3 A contract is only valid when we declare acceptance of the contract. We declare the acceptance of the contract by issuing an invoice to the customer or at the latest by delivering the goods.
2.4 The contract is only concluded for those articles that are expressly listed in our invoice. The scope of services is also conclusively derived from this.
3. prices and terms of payment
3.1 All prices are gross in Swiss francs (CHF) including VAT, any prepaid recycling fees and copyright levies. The prices and conditions stated on the website are subject to change without notice, the effective date being the date of the order.
3.2 Any transport costs will be charged separately and the customer will be informed in advance. As a rule, free delivery throughout Switzerland applies from an order value of CHF 100.
3.3 Payment of the purchase price shall be made optionally and if available by credit card (VISA, Mastercard), postcard, PostFinance, TWINT, PayPal.
4. terms of delivery
4.1 VMAX limits deliveries to the territory of Switzerland. The delivery is made directly to the delivery address and contact person provided by the buyer.
4.2 All articles are delivered immediately, if available from stock. If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided we have your address. In case of delays in delivery, such as due to force majeure, traffic disruptions and orders from higher authorities, 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 destiny and is fulfilled with the handover to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not responsible for any fault of the transport company used.
4.4 The delivery times stated in the online shop or in our order confirmation according to section 2.3. are calculated from the time of our order confirmation.
5. retention of title
5.1 The delivered goods remain the property of VMAX until full payment has been received. The latter 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. obligation to examine and give notice of defects, liability for defects
6.1 The customer is obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to notify our customer service at firstname.lastname@example.org immediately of any defects detected. If you fail to do so, the products shall be deemed approved. In any case, the approval shall be deemed to have been given, unless the customer has submitted a notice of defect to the customer service by e-mail within 5 days after delivery.
6.2 Defects which were not recognisable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after their discovery by e-mail to email@example.com, otherwise the ordered products shall be deemed to have been approved with regard to these defects as well.
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 transport costs incurred shall be borne by the customer.
6.4 We provide warranty by remedying defects. This shall be done at our discretion either by subsequent performance, i.e. elimination of a defect (rectification of defects) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.
6.5 If the supplementary performance 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 extends to all claims that compete with the warranty rights, be they those arising from contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), rescission of the contract due to error (Art. 23 ff. OR) etc.
6.6 Normal wear and tear as well as the consequences of improper handling, damage or manipulation of the product by the buyer or third parties and defects caused by external circumstances are not covered by the warranty. In particular, soiled, used or damaged articles are excluded from the warranty.
6.7 VMAX provides further guarantees in the legal sense only for specific products and by individual agreement. Manufacturer warranties remain unaffected by this. The customer’s warranty claim expires in case of repairs by unauthorized service centers. Warranty certificate and/or proof of purchase (invoice) must be kept carefully. In the absence of the same, any claim under the guarantee is void.
6.8 The seller assumes no liability for the descriptions of third parties.
7. right of return
7.1 The customer can return the received goods within two weeks by sending back the goods, stating reasons. The period begins after receipt of the goods.
7.2 The timely dispatch of the goods or the request to take back the goods is sufficient to comply with the time limit. The return shipment or the request for return must be sent to
VMAX Global AG
Industrial route 32
7.3 The goods must be returned in their original packaging, complete with all accessories and accompanied by the delivery note and a return declaration.
7.4 In the event of an effective return, the services received by both parties are to be reimbursed and any benefits derived (e.g. advantages of use) surrendered. In case of a deterioration of the goods, compensation for lost value can be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection – as it would have been possible for you in a shop. Returns are to be sent back to us at the customer’s expense.
7.5 The shipping costs of the order will not be refunded in case of a return.
8. guarantee and liability (bring-in/send-in guarantee)
8.1 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 of the buyer – irrespective of the legal basis – are excluded, as far as legally permissible. The seller, his auxiliary persons and possible 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.
9. intellectual property
9.1 VMAX reserves all rights for any design, text, graphics on its website. Copying or other reproductions, of the whole or part of this website is only permitted for the purpose of placing an order with www.vmax-escooter.ch. The name VMAX, 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 the respective entitled parties. VMAX reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer requires the express written consent of the owner company VMAX.
10. data protection
11. final provisions
11.1 Should individual provisions of these GTC be invalid or incomplete or should fulfilment become impossible, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, in terms of its content, comes closest to the original intention and the economic purpose pursued.
11.2 All changes or additions to these GTC require a form that allows proof to be provided in text form, such as fax and e-mail. This also applies to any change in the requirement for the written form. As soon as the customer makes use of the services of the seller after the change, the customer implicitly agrees to the new GTC. The respective binding version of the GTC can be viewed and printed out at www.vmax-escooter.ch/agb.
11.3 Other contractual 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 are only valid if and insofar as they have been expressly accepted by the seller in writing.
12. place of jurisdiction and applicable law
12.1 Swiss law applies exclusively, excluding the conflict of laws norms of the Vienna Convention on Contracts for the International Sale of Goods. Place of jurisdiction are the ordinary courts at the registered office of the seller
VMAX Global AG
Industrial route 32
Legal form: public limited company under Swiss law
Rothrist, June 27, 2019