- Area of application
These General Terms and Conditions apply to all orders placed by customers resident in Switzerland or the Principality of Liechtenstein via the online shop of Prealps Motorbike.
- Offer and conclusion of contract
- The presentation of the products [in the online shop] is not a legally binding offer, but a request to the customer to place a binding order (offer to conclude a contract).
- By clicking the order button, the customer places a binding order for the products listed on the order page.
- Immediately after receipt of the order, the seller confirms receipt of the order by e-mail. The sales contract is only concluded when the seller confirms the dispatch of the goods by email (order or dispatch confirmation) or at the latest when the goods are delivered.
- In case of payment in advance, the purchase contract is concluded upon confirmation of receipt of the advance payment by the seller.
- Right of return
- Customers have the right to return the goods (unused and in their original packaging) for 14 days after delivery. The right of return is exercised by returning the goods. The return shipment must be sent to [address].
- The exercise of the right of return leads to the conversion of the purchase contract into a reverse transaction, according to which the services received within the framework of the purchase contract must be refunded. The consumer bears the costs for the return shipment.
- After receipt of the goods an already paid purchase price will be refunded to the customer immediately.
- We reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage, excessive wear and tear of the goods or, if agreed, the cost of returning the goods. No deduction shall be made if the loss in value is due to handling of the goods necessary to determine their nature, condition and functionality. The [Vendor] may refuse repayment until the goods have been returned or until the customer has provided proof that he has returned the goods, whichever is earlier. The right of return is excluded for the following products: Cable clips, cable ties, hose.
- Prices and shipping costs
- The prices stated on the product page include the statutory value added tax and other price components and are in Swiss francs (CHF).
- In addition to the prices indicated, shipping costs may be incurred depending on the delivery address, quantity of goods and article. There are no further costs for delivery within Switzerland.
- Terms of delivery
- Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
- The standard delivery time is 3 - 7 working days, unless otherwise stated in the offer.
- Should not all ordered products be in stock, the seller is entitled to make partial deliveries. The customer will not incur any additional costs due to partial deliveries.
- Should the delivery of the goods fail through the fault of the customer despite two delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded.
- Terms of payment
- The payment takes place by PayPal or prepayment.
- Purchase on account only for large orders and by arrangement.
- If you choose the payment method prepayment, you will receive the bank details in the order confirmation. The invoice amount is to be transferred to the seller's account within 10 days.
- If payment is made by credit card, the customer's account will be debited upon dispatch of the goods, unless otherwise agreed. At the time of the order a reservation of the order value is made.
- Offsetting against counterclaims of the customer that are not recognised or not legally established is excluded.
- The customer may only exercise a right of retention if the claims are based on the same contractual relationship.
- Late payment / reminder / collection (purchase on account only for large orders and by arrangement)
The purchase price is due on delivery on account within 30 days after delivery of the goods. If payment is not made within this period, the customer is in default.
- In case of default, the seller will remind the customer 2 times in writing. The following fees are due with the reminder of the claim:
1. Reminder after 31 days 0 CHF
2. Reminder after 60 days 20 CHF
If the outstanding amount is not paid even after the last reminder, the claim is pursued. The seller transfers the claim to the debt collection office for collection.
- Reservation of ownership
- The goods remain the property of the seller until full payment has been received. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of the seller.
- The seller provides warranty by remedying defects. This is done at their discretion by subsequent performance, namely elimination of a defect (rectification of defects) or delivery of a defect-free item (replacement delivery).
- If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. A right of the customer to reduction is excluded.
- The seller excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.
- Data protection
- When processing customer data, the seller undertakes to comply with data protection regulations. All personal data will be treated confidentially. The information required for the administration of the order is subject to computer processing and may be passed on to participating companies within the scope of the ordering process.
- Final clauses
- Should any provision of these general terms and conditions be invalid, the remainder of the contract remains valid. Instead of the invalid provision, the relevant legal provisions shall apply.
- Applicable law, place of jurisdiction
- The legal relationships are subject to Swiss law. Exclusive place of jurisdiction for all disputes is Fribourg.