General Terms and Conditions (GTC) | Imprint

General Terms and Conditions (GTC) of Emovemotors AG

1. Scope

For the use of this website and the business relationships between Emovemotors AG, Sihlfeldstrasse 10, 8003 Zürich and its customers, the following General Terms and Conditions (GTC) apply in the version currently available and valid when accessing the website or ordering goods. The offer on this website is aimed exclusively at customers residing in Switzerland. A customer is defined as any natural or legal person who maintains a business relationship with Emovemotors AG. The GTC, the delivery and payment conditions as well as the data protection provisions may be adjusted from time to time. Emovemotors AG asks you to read these provisions carefully each time you visit the website and each time you order goods. These GTC apply exclusively. Any conflicting, supplementary or deviating conditions require the express written confirmation of Emovemotors AG to be valid. By using this website or ordering goods, the customer confirms that they fully accept these GTC, including the delivery and payment conditions. Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The operator of this website is Emovemotors AG.

2. Information on this website

Emovemotors AG provides information about products and services. Price and product range changes, as well as technical modifications, are reserved. All information (product descriptions, images, videos, dimensions, weights, technical specifications, accessory relationships, and other information) are approximate values ​​only and, in particular, do not constitute any assurance of properties or guarantees, unless explicitly stated otherwise. Emovemotors AG endeavors to provide all information on this website correctly, completely, up-to-date, and clearly; however, Emovemotors AG cannot provide any warranty, either express or implied, in this regard. All offers on this website are subject to change and are not to be understood as binding offers. Emovemotors AG cannot guarantee that the listed products will be available at the time of ordering. Therefore, all information regarding availability and delivery times is subject to change without notice and is subject to change at any time and without notice.

3. Prices

Unless otherwise stated, the prices quoted by Emovemotors AG include statutory value-added tax, any advance recycling fees (VRG), and copyright fees for electronic devices. Prices are strictly net in Swiss francs (CHF). Unless otherwise stated, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are listed separately during the ordering process. Emovemotors AG reserves the right to make technical changes, errors, and misprints; in particular, Emovemotors AG reserves the right to make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.

4. Conclusion of contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from Emovemotors AG. By placing an order via this website, including acceptance of these General Terms and Conditions, the customer makes a legally binding offer to conclude a contract. Emovemotors AG will then send an automatic "order confirmation" by email, which confirms that Emovemotors AG has received the customer's offer. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal. The contract is concluded as soon as Emovemotors AG sends a declaration of acceptance by email, confirming the dispatch of the ordered products or services. Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, Emovemotors AG is entitled to withdraw from the entire contract or from part of the contract. If the customer's payment has already been received by Emovemotors AG, the payment will be refunded. If no payment has been made, the customer is released from the payment obligation. Emovemotors AG is not obligated to provide a replacement delivery in the event of contract termination.

5. Payment options and retention of title

The customer has access to the payment options specified during the ordering process. Emovemotors AG reserves the right to exclude customers from certain payment options without stating reasons or to insist on advance payment. In the event of late payment by the customer, Emovemotors AG may charge default interest of 5% per year and a reminder fee of up to CHF 20 per reminder. The products delivered to the customer remain the property of Emovemotors AG until full payment has been made.

6. Delivery, inspection obligation, notification of defects and return

Deliveries are sent by mail or courier service to the address specified by the customer in the order. Invoicing is done via email or regular mail. Upon shipment, risk and benefit are transferred to the customer, to the extent permitted by law. If the delivery cannot be delivered or if the customer refuses to accept the delivery, Emovemotors AG may terminate the contract after notifying the customer of the defect by email and setting a reasonable deadline, and invoice the customer for the associated costs. The customer is obligated to inspect the delivered goods immediately upon receipt and to report any defects for which Emovemotors AG provides a warranty within 24 hours in writing – by letter or email to the address specified in the imprint. Returns to Emovemotors AG are at the customer's expense and risk. The customer must send the goods in their original packaging, complete with all accessories, and together with the delivery note and a detailed description of the defects to the return address specified by Emovemotors AG in the imprint. If the inspection by Emovemotors AG reveals that the goods do not have any detectable defects or that they are not covered by the manufacturer's warranty, Emovemotors AG may charge the customer for the costs of returning the goods or any disposal.

7. Withdrawal

By purchasing, the customer generally waives the right of withdrawal. A subsequent change of mind does not entitle the customer to withdraw from the purchase contract. Any exercise of the right of withdrawal with the consent of Emovemotors AG will result in the reversal of the contract. In this case, the customer must return the goods within 10 calendar days in their original packaging, complete with all accessories, and together with the delivery note to the return address specified by Emovemotors AG in the imprint. Returns to Emovemotors AG are at the customer's expense and risk. Any payment already made will be refunded to the customer within 30 calendar days, provided that Emovemotors AG has already received the goods back. In this case, a flat rate of 30% of the sales value will be deducted to cover the costs incurred. Emovemotors AG also reserves the right to demand appropriate compensation for damage, excessive wear, or loss of value due to improper handling and to deduct the loss in value from the purchase price already paid or to invoice the customer.

8. Warranty

Emovemotors AG strives to deliver goods of impeccable quality. For defects reported in a timely manner, Emovemotors AG guarantees the freedom from defects and functionality of the item purchased by the customer for the statutory warranty period, which is generally two years from the delivery date. Emovemotors AG reserves the right to provide free repairs to fulfill the warranty. Further claims are excluded. The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties, or defects attributable to external circumstances. Likewise, the warranty for consumables and wear parts (e.g., batteries, rechargeable batteries, etc.) is excluded. Emovemotors AG cannot provide any assurances or guarantees regarding the timeliness, completeness, and accuracy of the data, nor for the constant or uninterrupted availability of the website, its functionalities, integrated hyperlinks, and other content. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties who are not owned by Emovemotors AG.

9. Liability

Emovemotors AG excludes all liability, regardless of its legal basis, as well as claims for damages against Emovemotors AG and any auxiliary persons and vicarious agents. In particular, Emovemotors AG is not liable for indirect damages and consequential damages, lost profits, or other personal injury, property damage, or purely financial loss suffered by the customer. Further mandatory statutory liability, for example, for gross negligence or unlawful intent, remains reserved. Emovemotors AG uses hyperlinks solely to simplify the customer's access to other websites. Emovemotors AG cannot know the detailed content of these websites, nor can it assume liability or other responsibility for the content of these websites.

Privacy Policy

Emovemotors AG may process and use the data collected during the contract conclusion to fulfill its obligations under the purchase agreement and for marketing purposes. The data necessary to fulfill the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

11. Other provisions

Emovemotors AG expressly reserves the right to amend these Terms and Conditions at any time and to implement them without prior notice. In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction is Zürichunless the law provides for mandatory places of jurisdiction.

12. Contact

If you have any questions about these Terms and Conditions, please contact:

Imprint

Emovemotors AG
Shilfeldstrasse 10
8003 Zürich

Phone: 044 491 01 14
Email: info@emovemotors.ch

(Version revised on 05.07.2019/XNUMX/XNUMX)