General Terms and Conditions E-Motors Schweiz Gmbh Status as of 01.02.2020
1. Subject matter of the contract
E-Motors Schweiz sells the goods to the customer under the following general terms and conditions (GTC)
2. Conclusion of contract
The contract between the customer and E-Motors Schweiz Gmbh is concluded by the customer's order via the online store (Internet) and acceptance of the order (order confirmation via e-mail) by E-Motors Schweiz Gmbh.
E-Motors Schweiz Gmbh can also reject an order without reasons.
3. product offer
All information about the goods, which the customer receives during the order process, are non-binding. In particular, changes in design and technology, which improve the functionality of a product, as well as errors in description, illustrations and prices are reserved.
Information on remaining stock and bargains are only valid while stocks last.
Information: The electric vehicles up to 500 watts and maximum 20 km/h without pedals and maximum 25 km/h with pedals may be driven from 14 years with the moped test.
From 16 years without driving test. If the vehicle goes faster or has more than 500 watt, it must have a road permit and a license plate. Excluded vehicles for seniors. The customer who drives an electric vehicle faster than 25 km/h hereby confirms that he is aware
that a vehicle without test and license plate is not street legal. We of E-Motors Switzerland Gmbh therefore do not recommend any use in road traffic and
dissociate ourselves entirely from any use and are not liable.
5. delivery conditions
We can also deliver worldwide if the customer pays the delivery costs. As far as in stock, the products will be delivered immediately to the billing address or shipping address provided by the customer. After delivery by our own forwarding agency, beautfratge forwarding agency or DPD, the customer is responsible for his order. If any damage occurs during transportation to the customer, the customer must contact the post office or carrier immediately after receiving the package and notify the damage on the waybill.
If a product is no longer available after receipt of the order (sold out), the item will be cancelled from the order. If the customer wants to have an alternative item, a new order must be placed. Shipping costs will be charged once per order. No further delivery costs will be charged, not even for a partial delivery.
5.b. Acceptance and inspection
The customer is obliged to check the products and services delivered by E-Motors Schweiz Gmbh for completeness and correctness immediately after delivery and to notify E-Motors Schweiz Gmbh in writing of any damage, defects or complaints immediately after discovery and at the latest upon delivery.
6 Cancellation and termination of contract
6.1 Orders placed with E-Motors Schweiz are binding when E-Motors Schweiz has confirmed the order. This means that the customer has to accept the deliveries. In exceptional cases it is at the sole discretion of E-Motors Switzerland to accept subsequent changes or cancellations. Any costs incurred will be borne by the customer. As compensation, the customer will be charged 20% of the order volume. If the product is no longer in its delivery condition, the loss in value will be charged in addition to the compensation.
6.2 If the customer does not accept the ordered goods within 7 days after the first delivery attempt, E-Motors Schweiz Gmbh may cancel the contract and charge the compensation mentioned under 6.1.
6.3 If E-Motors Schweiz Gmbh cannot deliver the order in time due to delivery problems, the customer has the right to cancel the contract at the earliest 4 weeks after the agreed delivery date. Any payments made will be refunded by E-Motors Schweiz.7. right of return and exchange
According to the current legislation of Switzerland, the customer does not have the right to change his mind and return a product after an online purchase.
For contracts concluded with Swiss companies, there is no right of withdrawal.
With the order and its acceptance by E-Motors Switzerland, a legally binding contract according to OR Art. 40 ff (binding sales contract) is entered.
Claims for damages due to incorrect illustrations, texts and prices or delayed delivery are excluded.
7.b. Warranty and liability
Claims of the customer in this regard are limited to the scope of the manufacturer's warranty.
Unless otherwise stated, E-Motors Schweiz Gmbh does not grant any warranty on all articles.
We provide a 1 year warranty on the lithium battery (only) from the date of purchase. Other potential defects and parts are not part of the warranty. Therefore, all wear materials such as tires, batteries, handlebars, lights, lamps, etc., the customer has no right to warranty.
In case of resale to a third party, all warranty claims are forfeited.
In the event of a complaint / warranty claim, the manufacturer - importer will decide whether it is a warranty case or not. There is no warranty on wear parts or improper use or as soon as own repair attempts, incorrect assembly or changes have been made.
We grant the customer 1 year warranty on the lithium battery.
E-Motors Schweiz Gmbh is not liable for product defects and their consequences, no expenses will be compensated to the customer.
Defective products must be returned by the customer to E-Motors Schweiz Gmbh at his own expense. In case of complaint / warranty claim a copy of the invoice must be enclosed or the invoice number must be indicated. If this information is missing, the processing will be delayed.
All products leave our warehouse, our workshop in good certain in perfect condition. Electronic products may not work (production defect).
Other warranty conditions, such as on the packaging, are country-specific declared by the manufacturer. These warranty conditions can not be used and are therefore considered void.
Any liability on the part of E-Motors Schweiz Gmbh is excluded for direct or indirect damages as well as for loss of property in case of defects or improper handling.
The responsibility for the selection, application and use of products supplied by E-Motors Schweiz Gmbh, as well as the results achieved with them, lies with the customer or the purchaser of the products, i.e. the end customer. The customer acknowledges that E-Motors Schweiz Gmbh does not carry out any incoming inspections of the products delivered by manufacturers or suppliers.
8. terms of payment
All prices are in Swiss Francs incl. VAT.
The payment has to be made before delivery with Paypal, bank transfer or Amazon Pay. Unauthorized deductions will be charged.
"Purchase on account" and "Payment by installment" will be handled by Byjuno AG. You will receive the respective invoice(s) from Byjuno. In addition, the respective GTC
for purchase on account with installment option, 3 installments or 12 & 24 installments apply."
9. retention of title
The delivered goods remain the property of E-Motors Schweiz Gmbh until full payment has been made. If the customer is in default with the payment of the purchase price, E-Motors Betschart is entitled to withdraw from the purchase contract (declaration of withdrawal) and to repossess the goods.
10. data protection
E-Motors Schweiz Gmbh commits itself not to pass on customer data to third parties and uses customer data only for the order and invoice process.
11 Jurisdiction and applicable law
These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law. The place of jurisdiction is 4153 Reinach. E-Motors Schweiz Gmbh reserves the right to take legal action against the customer at our place of business in case of disputes.