General Terms and Conditions of Sale
General Terms and Conditions Online-Shop Electrobike Zone Sàrl
1.1 The following general terms and conditions (hereinafter referred to as "GTC") apply to orders for items from the product range of the "Electro Bike Zone" (hereinafter referred to as "EBZ") online shop in the version valid at the time of the order.
1.2 The customer's contractual partner is :
Electro Bike Zone
Electrobike Zone Sàrl
Avenue de la Rapille 2
CH - Switzerland
E-mail : email@example.com
Telephone: +41 21 946 10 30
1.3 The GTC form an integral part of the contract between EBZ and the customer. Provisions that deviate from the GTC are only binding if they have been expressly accepted by EBZ in writing. Any contrary conditions issued by the customer are not recognized.
1.4 The product range in the EBZ Online-Shop is intended only for natural persons and companies with their place of residence or registered office in Switzerland, who can have the items delivered (see section 3.2) and who can provide a delivery address in Switzerland.
2.1 The customer can select items from the EBZ Online-Shop product range and put them together in a "shopping basket" by clicking on the "add to basket" button.
2.2 By clicking on the "order and pay" button, the customer makes a binding offer to purchase the items in his or her shopping cart and accepts these GTC.
2.3 The order confirmation sent immediately thereafter by means of an automatic e-mail proves that the customer's order has been received by EBZ, but does not yet constitute an acceptance of the customer's offer.
2.4 A contract is only concluded with the declaration of acceptance by EBZ, which is sent to the customer by e-mail (confirmation of purchase), at the latest, however, with the dispatch of the ordered items or the notification of readiness for dispatch.
2.5 If an ordered item is not available, EBZ reserves the right not to accept the customer's offer, so that no contract is concluded. The customer will be informed by e-mail. Any amounts already paid for the ordered items will be refunded to the customer in this case.
2.6 If only a part of the ordered items is available or if the ordered items exceed the usual quantity for a household, EBZ reserves the right to accept the customer's offer for only a part of the items, so that a contract is concluded only for these items. The customer will be informed of this by e-mail. Any amounts already paid for the remaining part of the articles will in this case be refunded to the customer.
2.7 Should it become apparent after the conclusion of the contract that the ordered items cannot be delivered in whole or in part due to force majeure or for reasons beyond EBZ's control, EBZ is entitled to withdraw from the contract in whole or in part. The customer will be informed by e-mail. Any amounts already paid for the corresponding items will either be refunded in full (in the case of a complete withdrawal from the contract) or in the amount of the price of the items that cannot be delivered (in the case of a partial withdrawal). The customer has no further claims.
3.1 EBZ is entitled to make partial deliveries. Additional deliveries shall be made immediately upon receipt of the goods. If EBZ states a delivery or readiness for dispatch time, this is a non-binding estimate. If a delivery or readiness for shipment period specified by EBZ is not met, the customer is entitled to withdraw from the contract for those items which have not been delivered or readied for shipment after the expiry of an additional period of 10 days set by him in writing. In this case, any amounts already paid shall be refunded to the customer. The customer shall not be entitled to make any further claims.
3.2 The customer will be informed by e-mail when the items are handed over to the carrier for delivery. EBZ reserves the right to choose the carrier. The items are only delivered within Switzerland.
The risk of the goods passes to the customer as soon as the goods are handed over to the carrier. The goods are insured against damage during transport, insofar as the value of the goods exceeds the maximum liability of the carrier. In order to preserve his rights against the carrier and/or the insurance company, the customer must, upon receipt of the shipment, ensure that the items are in good condition and delivered in their entirety. In the event of transport damage or apparent quantity discrepancies, the customer must submit a detailed written reservation to the carrier. Transport damage or quantity differences that are not apparent must be reported immediately, at the latest within 48 hours, to the EBZ customer service department by e-mail to the following address: firstname.lastname@example.org. Unconditional acceptance (in the case of transport damage or apparent quantity differences) or the expiry of the five-day period (in the case of transport damage or non-apparent quantity differences) shall result in the expiry of the claim against the carrier and/or the insurance company.
The delivery and placement of the articles must be reasonably possible without the use of lifts, cables, special vehicles or similar means. It is the customer's responsibility to indicate in advance the existence of any difficulties and/or obstacles during delivery or placement of the articles and to inquire about any consequences in terms of costs. Items whose destination cannot be reached directly by the carrier will be transported to the nearest location (e.g. bottom station of a cable car).
The customer is obliged to accept the shipment. If a shipment cannot be delivered and the goods are returned to EBZ, EBZ reserves the right to waive the customer's obligations regarding the non-accepted goods without setting a further deadline. EBZ is furthermore entitled to claim damages based on the non-performance of the contract. The customer may not exercise a right of return for items not accepted (see clause 6).
3.3 If the customer decides to collect the goods from the EBZ sales outlet, he will be notified by e-mail when the order is made available. The risk of the goods passes to the customer with the notification of availability. In order to collect the goods, the customer must present the notice of availability and a photo ID issued by an administrative authority (identity card, driving licence, passport, etc.).
The customer is obliged to collect the order within 10 days of receipt of the notice of readiness for dispatch. If the customer does not collect the order within the ten-day period, EBZ reserves the right to waive the customer's obligations with respect to the uncollected items without setting a further deadline. Furthermore, EBZ is entitled to claim damages for non-performance of the contract. The customer may not exercise a voluntary right of return for items not collected (see clause 6).
4.1 All prices in the EBZ Online-Shop are quoted in Swiss francs (CHF), including VAT (at the statutory rate). Any recycling fees are also included.
4.2 Any delivery costs and additional costs (e.g. surcharges depending on the chosen method of payment) are listed separately and charged to the customer in addition.
4.3 EBZ reserves the right, with the customer's consent, to check the customer's creditworthiness and address, to collect information about them and to pass on the customer's data to third parties for this purpose. EBZ will base its actions on the customer's information and will take into account the information of third parties. The customer may only use the means of payment indicated at the end of the order process.
4.4 The agreed price, delivery costs and any additional costs (see Clause 4.2) shall be due immediately. The customer shall be in default without reminder at the time of the first delivery or attempted delivery (cf. Clause 3.2), at the time of the first collection or at the end of the ten-day collection period (cf. Clause 3.3), or at the end of the payment period for the "purchase against invoice" payment method (cf. Clause 4.5). Costs and expenses incurred by EBZ or third-party suppliers in connection with the collection of amounts due, in particular reminder costs, interest on arrears as well as the costs of transferring the claim to a collection agency, shall be borne by the customer. The amount of such costs shall be governed by the separate contractual terms and conditions of the third-party supplier whose services are used by the customer. In addition, EBZ reserves the right, after the expiry of a period of grace of at least 10 days set by EBZ, to waive the customer's late performance in whole or in part, to reclaim any items already delivered in whole or in part and to claim damages based on the non-performance of the contract.
4.5 If the customer opts for the payment method "purchase against invoice", the invoicing and collection of payments will be handled by a third party supplier in the name and on behalf of EBZ. The third party supplier is the sole contact person for all matters concerning the invoice. The "purchase against invoice" payment method is intended exclusively for private individuals with civil rights who are resident in Switzerland or Liechtenstein, whereby the billing and delivery addresses must be identical. The payment method "purchase against invoice" is governed by the contractual terms and conditions of the third-party supplier, which apply in addition to these GTC.
4.6 If the customer chooses the "immediate payment" method of payment, the services offered by the EBZ Online-Shop at the time of ordering will be used for payment processing. The customer enters the access data required for the online banking services on the Internet platform provided by the EBZ Online Shop. This data is not stored there. This Internet portal and the corresponding technical infrastructure required for the transmission of access data are outside the sphere of influence of EBZ. EBZ therefore accepts no liability for the use of this payment method by the customer.
The goods remain the property of EBZ until all claims arising from or in connection with the purchase have been paid in full. The customer authorizes EBZ to make the corresponding entry in the retention of title register at the customer's expense.
6.1 EBZ grants the customer a voluntary right of return within 14 days of the first delivery or collection of the goods. The right of return is subject to the condition that the item is undamaged, shows no signs of use and is returned in its entirety (including all accessories and documents delivered in the packaging).
6.2 In order to assert the right to return goods and to initiate the return process, the customer must proceed as follows:
In case :
- a) items whose original packaging has been opened, damaged or is no longer available, the customer should contact EBZ's customer service by e-mail at email@example.com.
- b) unopened articles whose original packaging is not damaged, the customer may, in addition to the possibility given to him in letter a), return the articles to the following address Electro Bike Zone, Chemin de la Chapelle 7, 1071 Chexbres.
In all cases, the risks and costs of transport or return are to be borne by the customer.
6.3 The customer must present the original invoice. EBZ is entitled to reimburse the price in the form of EBZ gift cards and reserves the right to waive the reimbursement of any additional costs (e.g. costs of the initial shipment, transport or assembly).
6.4 In the event of the return of items that have been purchased by the "purchase against invoice" method of payment, the refund will be made to the bank or post office account indicated by the customer and in his/her name, if the customer has already paid the invoice in full and has not made a new purchase within 60 days.
7.1 EBZ grants the customer the warranties set out below from the time of first delivery or first removal of the article for defects resulting from faulty material or workmanship. All information contained on the EBZ Online-Shop (product description, pictures, films, measurements, weights, technical specifications, accessories and other information) are subject to error and do not constitute a guarantee of the qualities of the of the article. The customer's duty to inspect the goods and notify defects is governed by the statutory provisions. legal provisions. The assignment of warranty claims is excluded.
24 month warranty, excluding battery
24 months warranty
24 months warranty
24 months warranty
3 months warranty
Ancillary parts, small supplies
24 months warranty
24 months warranty
7.2 The customer's warranty claim is satisfied at EBZ's discretion by repair of the article, delivery of an equivalent replacement item, reduction of the price or cancellation of the contract (rescission). Repairs repairs are carried out by EBZ or by repair shops appointed by EBZ. The customer is not entitled repair work to third parties. In such cases, the customer is not entitled to reimbursement of repair costs. costs. The customer's warranty rights lapse in the event of technical intervention and defects resulting from improper handling, excessive stress, inappropriate use, external intervention (damage due to humidity (moisture damage, contact with liquids, blows, etc.) or failure to observe the manufacturer's operating and maintenance instructions.
7.3 In the event of delivery of an equivalent, defect-free replacement item, a new warranty period is valid from the moment the customer is notified of the availability of the replacement item. In the event of repair, a new warranty period also begins when the customer is notified that the repaired item is available. of the repaired item is applicable, in which case EBZ guarantees only the repairs carried out and the spare parts parts used. The customer's warranty rights in respect of the entire article remain unaffected during the warranty period from the first delivery or pick-up of the article (see section 7.1).
7.4 To assert warranty claims and initiate the warranty process, the customer must contact the EBZ the EBZ customer service department of his choice by e-mail at firstname.lastname@example.org and be able to present the original original invoice. The risk and cost of all transport, e.g. to EBZ or back to the customer, is borne by the customer. transport back to the customer are at the customer's expense. Any in-home repairs are at the customer's expense. the customer. If a defect to be rectified is not covered by the warranty and could have been detected by the customer, the customer is responsible for all costs incurred in rectifying the defect. all costs arising from the inspection of the article. Before returning the item to EBZ, the customer must make back-up copies of any data stored on the article's storage media, These may be lost or damaged (e.g. during repairs). EBZ accepts no liability for for loss of or damage to data.
7.5 EBZ is liable for injury to life, limb and health on the basis of a basis of liability, insofar as the health, insofar as the conditions of liability are met. In addition, insofar as the conditions of liability EBZ is also liable for damage caused intentionally or through gross negligence. In all other respects, EBZ excludes all liability, irrespective of the basis of liability, to the fullest extent permitted by law. to the fullest extent permitted by law.
7.6 EBZ shall not be liable for any use of bicycles equipped with kits sold in the EBZ Online-Shop Online-Shop outside the scope of Swiss law. In this regard, the customer hereby confirms that he/she is aware of the following of the following laws: Art. 5 al. 2 let. d OAC, Art. 6 al. 1 let. f OAC, Art. 3 al. 3 OAC, Art. 42 al. 4 OCR, Art. 46 al. 1 LCR, Art. 33 al. 1 OSR, Art. 63 al. 3 let. b as well as al. 4 OCR, Art. 3b al. 2 let. e OCR and Art. 3b al. 3 let. C OCR. This implies that EBZ declines all responsibility for kits sold on the Online-Shop that are not approved for use on public roads in Switzerland. For further information the following link: https://www.admin.ch/opc/fr/classified-compilation/19950165/index.html#a187.7 For kits sold under the Bafang brand, EBZ reserves the right to exclude a warranty claim in the following cases in the event of improper use, such as : - Use of the bike at more than 35km/h of assistance - Lack of maintenance, lubrication, cleaning. - Prolonged use or storage at temperatures below 5c°. - Impact marks on the motor. - Exceeding the maximum authorized towing weight of 150kg (this includes the bike, rider and all loads loads)
8.1 EBZ processes the customer's personal data in strict compliance with the applicable provisions of the Swiss Data Protection Act.
8.2 EBZ only collects, stores, uses and processes the customer's personal data in accordance with the respective provisions of the Swiss Data Protection Act. data protection applicable in Switzerland.
8.3 In connection with the payment method "purchase against invoice", EBZ commissions a third party supplier to carry out the billing and collection. The customer acknowledges and agrees that the data related to the payment method "purchase against invoice" is accessible to EBZ and the third-party supplier, including personal data, purchase, billing, payment and collection data may be used by the third-party supplier for its own purposes; In particular, the Third Party Provider is entitled to incorporate this data into its own creditworthiness databases and to use it for other purposes of the Third Party Provider, including the use for credit checks for the payment methods "purchase against invoice" and credit cards, for itself and for third parties (e.g. online shops). (e.g. online shops).
9.1 Should one or more of the provisions of these GTC be ineffective, this shall not affect the validity of the remaining provisions.
9.2 Swiss substantive law shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 The exclusive place of jurisdiction for all legal actions is the registered office of EBZ.
Electrobike Zone Sàrl
Avenue de la Rapille 2
Tel 1: +41 21 946 10 30
Online-Shop : https://www.electrobikezone.ch/
Bank : Banque Cantonale Vaudoise
Beneficiary : Electrobike Zone Sàrl
Beneficiary address: Avenue de la Rapille 2, 1008 Prilly
IBAN: CH02 0076 7000 T557 2392 8
Communication: Order number