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 "Electro Bike Zone" (hereinafter referred to as "EBZ") online shop product range in the version in force 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

1008 Prilly

CH - Switzerland

E-mail : info@electrobikeshop.ch

Telephone: +41 21 946 10 30

1.3 The GTC form an integral part of the contract between EBZ and the customer. Deviating terms and conditions are only binding if expressly accepted in writing by EBZ. Contrary conditions issued by the customer are not recognized.

1.4 The products offered in the EBZ Online-Shop are intended only for natural persons and companies domiciled in Switzerland who can have the products delivered to them (see section 3.2) and who have 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 the shopping basket 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 acceptance of the customer's offer.

2.4 A contract is only concluded by EBZ's declaration of acceptance, which is sent to the customer by e-mail (purchase confirmation), but at the latest by dispatch of the ordered items or notification of their availability.

2.5 If an item ordered is not available, EBZ reserves the right not to accept the customer's offer, with the result that no contract is concluded. The customer will be informed of this by e-mail. In this case, any amounts already paid for the items ordered will be refunded to the customer.

2.6 If only part of the items ordered is available or if the items ordered exceed the usual quantity for a household, EBZ reserves the right to accept the customer's offer for only part of the items, with the result that a contract is concluded only in respect of those items. The customer will be informed of this by e-mail. In this case, any amounts already paid for the remaining part of the articles will be refunded to the customer.

2.7 Should it become apparent after 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 of this by e-mail. Any amounts already paid for the corresponding items will be refunded either in full (in the event of full withdrawal from the contract) or up to the price of the items that cannot be delivered (in the event of 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 specifies a delivery or readiness for dispatch time, this is a non-binding guideline. If a delivery or readiness-for-delivery deadline specified by EBZ is not met, the customer is entitled to withdraw from the contract in respect of the goods not delivered or readied for delivery within a further period of 10 days set by the customer in writing. In this case, any amounts already paid will be refunded to the customer. The customer has no further claims.

3.2 The customer will be informed by e-mail when the items are entrusted to the carrier for delivery. EBZ reserves the right to choose the carrier. Items will only be delivered within Switzerland.

The risk passes to the customer as soon as the goods are handed over to the carrier. The goods are insured against damage in transit, to the extent that the value of the goods exceeds the maximum limit of the carrier's liability. 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 discrepancies that are not apparent must be reported immediately, but at the latest within 48 hours, to EBZ Customer Service by e-mail at info@electrobikeshop.ch. Unconditional acceptance (in the case of visible transport damage or quantity discrepancies) or expiry of the five-day period (in the case of invisible transport damage or quantity discrepancies) will result in the expiry of the claim against the carrier and/or insurance company.

It must be reasonably possible to deliver and place items without the use of hoists, 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. In the event that a shipment cannot be delivered and the goods are returned to EBZ, EBZ reserves the right to waive the customer's obligations in respect of the non-accepted goods without setting a further deadline. EBZ is also entitled to claim damages for non-performance of the contract. The customer may not exercise a right of return in respect of non-accepted items (see section 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 notice of availability. To collect the goods, the customer must present the notice of availability and photo identification issued by an administrative authority (identity card, driving license, passport, etc.).

The customer is obliged to collect the order within 10 days of receipt of the notice of availability. If the customer does not collect the order within the ten-day period, EBZ reserves the right to waive the customer's late performance of its obligations in respect of the items not collected, without setting a further deadline. EBZ is also entitled to claim damages for non-performance of the contract. The customer may not exercise a voluntary right of return in respect of items not collected (see section 6).

4.1 All EBZ Online-Shop prices 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 charges (e.g. surcharges depending on the chosen method of payment) are indicated separately and invoiced 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 in this respect and to pass on the customer's data to third parties for this purpose. In this respect, EBZ relies on the customer's information and takes account of third-party information. The customer may only use the means of payment indicated at the end of the order process.

4.4 The agreed price, delivery charges and any additional charges (see clause 4.2) are due immediately. The customer is in default, without reminder, at the time of the first delivery or attempted delivery (see clause 3.2), at the time of the first withdrawal or at the expiry of the ten-day withdrawal period (see clause 3.3), respectively at the expiry of the payment deadlines for the "purchase against invoice" payment method (see 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 and the costs of transferring the claim to a debt-collection agency, shall be borne by the customer. The amount of such costs is governed by the separate contractual conditions of the third-party supplier whose services are used by the customer. In addition, EBZ reserves the right, after the expiry of a grace period of at least 10 days set by EBZ, to waive all or part of the customer's late performance, to reclaim all or part of any items already delivered, and to claim damages based on the non-performance of the contract.

4.5 If the customer opts for the "purchase against invoice" payment method, invoicing and payment collection are handled by a third-party supplier in the name and on behalf of EBZ. The third-party supplier is the sole point of contact for all matters relating to the invoice. The "purchase against invoice" payment method is intended exclusively for private individuals exercising civil rights and domiciled in Switzerland or Liechtenstein, with identical billing and delivery addresses. The "purchase against invoice" payment method is governed by the contractual conditions of the third-party supplier, which apply in addition to these GTC.

4.6 If the customer chooses the "immediate payment" payment method, 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 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 EBZ's sphere of influence. EBZ therefore accepts no liability whatsoever 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 To assert the right of return and initiate the return process, the customer must proceed as follows:

In case :

1. a) items whose original packaging has been opened, damaged or is no longer available, the customer must contact EBZ Customer Service by e-mail at the following address: info@electrobikeshop.ch.
2. b) unopened and undamaged articles in their original packaging, the customer may, in addition to the option given 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 borne by the customer.

6.3 The customer must present the original invoice. EBZ has the right 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. initial shipping, transport or assembly costs).

6.4 In the event of the return of items purchased by the "purchase against invoice" method of payment, the refund will be made to the bank or postal 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 following warranties to the customer from the time of first delivery or first collection 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.

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 starting from the first delivery or pick-up of the article (see clause 7.1).

7.4 To assert warranty claims and initiate the warranty process, the customer must contact the EBZ customer the EBZ customer service department of his choice by e-mail at info@electrobikeshop.ch 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 through 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#a18

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 Data Protection Act. data protection applicable in Switzerland.

8.3 In connection with the payment method "purchase against invoice", EBZ mandates a third-party supplier for invoicing and collection. The customer acknowledges and accepts that the data relating to the payment method "purchase against invoice" is accessible to EBZ and the third-party supplier, including personal data, purchase, invoicing, payment and collection data may be used by the third-party supplier for its own purposes; In particular, the Third-Party Provider is authorized to integrate this data into its own creditworthiness databases and to use it for other Third-Party Provider purposes, including use for credit checks for "purchase against invoice" and credit card payment methods, for itself and for third parties (e.g. online shops). e.g. online stores).

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 is exclusively applicable. 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

CH-1008 Prilly

E-mail: info@electrobikeshop.ch

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

BIC/SWIFT: BCVLCH2LXXX

Communication: Order no.