1.1. These General Terms and Conditions (hereinafter called “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 the „Seller“). By placing an order, you accept the General Terms and Conditions in the version applicable at the time of placing the order. Any oral or telephone agreements must be confirmed in writing in order to be binding. This requirement of written form shall also be deemed fulfilled if the relevant statement is contained in an e-mail.
1.2. Our product range is intended exclusively for Customers with their normal place of residence and delivery address in Switzerland.
- Product offer and contractual agreement
2.1. The product information given in our catalogues and on our website is subject to change without notice. The offer to enter into a purchase contract is made by the Customer. The Customer shall be bound by such an order for one week. The contract becomes binding if we accept the Customer’s offer within the period specified in Section 2.3.
2.2. After submitting an online order, the Customer will receive an automated e-mail, sent to the e-mail address provided, with which we confirm receipt of the order (order confirmation). The order confirmation merely serves to inform the Customer that we have received the order.
2.3. A contract becomes valid only when we state our acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the Customer or, at the latest, by delivering the goods.
2.4. The contract shall apply only to those items that are expressly listed in our invoice. This in turn defines the scope of delivery.
- Prices and terms of payment
3.1. All prices given are gross prices in Swiss francs (CHF) including VAT, prepaid recycling fees, if any, and royalty fees. The prices and conditions stated on the website are subject to change, the effective date being the date of the order.
3.2. Any transport costs will be calculated separately and communicated to the Customer in advance. In general, free delivery applies throughout Switzerland for orders valued at CHF 100 or more.
3.3. Payment of the purchase price can be made by credit card (VISA, Mastercard), PostCard, PostFinance, TWINT, or PayPal, subject to availability.
- Terms of delivery
4.1. VMAX limits delivery to the territory of Switzerland. Delivery will be made directly to the delivery address and contact provided by the Customer.
4.2 All items will be delivered immediately if in stock. If an item is not readily available, we will inform you by e-mail about the expected delivery time, provided we have your address. In the event of delays in delivery, for example due to force majeure, traffic disruptions, orders from higher authorities, or other events beyond our control, no claim for damages can be made against us.
4.3. Our contractual obligation to deliver is fulfilled when the items are handed over to the carrier. After such dispatch, the risk of accidental deterioration or accidental loss of the goods shall pass to the Customer. We shall bear no liability for any fault on the part of the carrier.
4.4. The delivery times stated in the online shop or in our order confirmation pursuant to Section 2.3. are calculated from the time of our order confirmation.
- Retention of title
5.1. The delivered goods remain the property of VMAX until full payment has been received. VMAX is entitled to make an associated entry in the Retention of Title Register. If the Customer is in default of payment of the purchase price, VMAX is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
- Duty to examine and report defects; liability for defects
6.1. The Customer is obliged to inspect the delivered products as soon as practicable in the ordinary course of business and to immediately notify our Customer Service department at email@example.com of any defects detected. If you fail to do so, the products shall be deemed accepted. Acceptance shall be deemed to have taken place in any case, unless the Customer submits a notice of defect by e-mail to Customer Service within 5 days after delivery.
6.2. Defects that were not detectable during proper inspection in accordance with the above paragraph must be reported to our Customer Service immediately after discovery by e-mail to firstname.lastname@example.org, otherwise the ordered products shall be deemed to have been approved also with regard to these defects.
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 Customer by e-mail after receipt of the written complaint. The transport costs incurred shall be borne by the Customer.
6.4. We fulfil our warranty obligations by remedying the defect. This shall be done at our discretion either by rectifying the defect (repair) or by delivering a defect-free product (replacement). Replaced products become the property of the Seller.
6.5. If rectification fails, the Customer shall be entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The Customer’s right to a reduction in price is excluded. This exclusion of liability also extends to all claims that conflict with the warranty rights, whether arising from the contract (CO Art. 97 ff.), tort (CO Art. 41 ff.), or contestation of the contract due to error (CO Art. 23 ff.), etc.
6.6. Not covered by the warranty are normal wear and tear, consequences of improper handling or damage, manipulation of the product by the purchaser or third parties, and defects caused by external circumstances. In particular, dirty, used, or damaged items are excluded from the warranty.
6.7. The Customer may receive other warranties in the legal sense from VMAX only in the case of specific products and after individual agreement. Manufacturer’s warranties remain unaffected by this. The Customer’s warranty rights expire in the event of repairs carried out by an unauthorised service provider. The warranty certificate and/or proof of purchase (invoice) must be kept in a safe place. Without such, any warranty claim will be deemed invalid.
6.8. The Seller accepts no liability for descriptions provided by third parties.
- Right of return
7.1. The Customer may return the goods received within two weeks by sending the goods back and stating the reason for doing so. The two-week period begins with receipt of the goods.
7.2. To meet this deadline, it is sufficient to send the goods or the request to return in good time. The return or the request to return must be sent to:
VMAX Global AG
7.3. 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 a valid return, the considerations received by both parties shall be refunded and any benefits derived (e.g. benefits of use) shall be reimbursed. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection, as would have been possible for you e.g. in a retail store. Returned goods must be sent back to us at the Customer’s expense.
7.5 The shipping costs of the order will not be refunded in the event of a return.
- Warranty and liability (bring-in/send-in warranty)
8.1. All cases of breach of contract and their legal consequences as well as all claims by the Customer, regardless of the legal grounds on which they are made, are conclusively regulated in these GTC. Other claims of the buyer, regardless of the legal grounds, are excluded to the extent permitted by law. The Seller, its supporting persons, and any vicarious agents shall not be liable for damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit, or other financial losses of the buyer.
- Intellectual property
9.1. VMAX reserves all rights to every design, text, and graphic on its website. Copying or other reproduction of all or part of this website is permitted only for the purpose of placing an order through www.vmax-escooter.ch. The VMAX name, all page headers, navigation bars, graphics, and button icons are registered trademarks, brand names, or private brands of VMAX. All other trademarks, product names, or company names or logos cited on this website are the sole property of their respective owners. VMAX reserves the property rights and copyrights to pictures, drawings, calculations, and all other documents. Before passing them on to third parties, the Customer must obtain the express written consent of the owner company VMAX.
- Data protection
- Final provisions
11.1. Should individual provisions of these GTC be found invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties shall undertake to replace the invalid provision by a permissible valid provision the content of which comes as close as possible to the original intention and commercial purpose.
11.2. Any changes or additions to these GTC must be made in a form that allows proof by text, such as fax or e-mail. This also applies to a change in the written form requirement. As soon as the Customer makes use of the Seller’s services after the amendment, he implicitly agrees to the new GTC. The current binding version of the GTC can be viewed and printed out at a href=”https://www.vmax-escooter.ch/”>www.vmax-escooter.ch/agb.
11.3. Other contractual terms and conditions of the Customer, namely also those which the Customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall be valid only if and to the extent that they have been expressly accepted by the Seller in writing.
- urisdiction and applicable law
12.1. Swiss law shall apply exclusively, with the exception of the conflict-of-law rules of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the registered office of the Seller.
VMAX Global AG
Legal form: Public limited company under Swiss law