Terms and conditions
Status: July 2020
1 Scope
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions conducted via the online shop www.e-car-shop.ch (hereinafter referred to as the "online shop"). The online shop is operated by e-trends GmbH (hereinafter referred to as "ETR").
ETR reserves the right to change these Terms and Conditions at any time. The version of these Terms and Conditions applicable at the time of the order shall prevail, and these cannot be unilaterally changed for that order. Customer terms and conditions that conflict with or deviate from these Terms and Conditions will not be recognized.
The range of products and services offered in the online shop is aimed exclusively at customers residing or having their registered office in Europe.
Deliveries are made exclusively to addresses in Europe.
The offer is valid as long as the product is available in the online shop and/or stocks last.
For all product orders requiring a minimum age of 18, the customer confirms compliance with these legal provisions by placing the order.
Orders in quantities not exceeding normal household quantities may be rejected without giving reasons.
2 information
2.1 Product and price
Images of products in advertisements, brochures, online shops, etc. are for illustrative purposes only and are non-binding.
All sales prices published in the online shop represent final prices that include all taxes, any advance recycling fees (ARF), packaging costs and all other possible duties, fees or costs. ETR We reserve the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
At ETR Ordered additional services for a fee, such as assembly, disposal, extended warranties, insurance, etc., are provided by ETR offered. Such additional services are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery time
ETR attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks, both ETR Delivery delays may occur both on our own and with retailers. All information regarding availability and delivery times is therefore subject to change without notice.
3 Conclusion of contract
The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition that the contract is terminated if delivery is impossible or if the price is incorrect.
The purchase contract is concluded for products or services from ETR with ETR as soon as the customer places his order in the online shop, by telephone or e-mail (hereinafter referred to as "sales contract").
The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from ETR to the email address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a guarantee that the product can actually be delivered. It merely informs the customer that the order has been received by the online shop and that the contract with ETR or the dealer under the condition of availability and correct pricing.
4 Delivery date
Come ETR or the supplier is in default of delivery, the customer has the right to withdraw from the contract (except for special orders) from the 30th calendar day after the originally announced delivery date. In this case, ETR refund any amounts already paid in advance to the customer. Any further claims against ETR or the supplier do not exist.
5 Delivery
For products and services from ETR All delivery and collection options are available to customers, which are listed in the online shop under “Delivery and Collection”.
The customer’s delivery address must be in Europe.
If the customer does not accept the ordered products on the agreed or indicated delivery date, ETR terminate (cancel) the contract and charge the customer for the delivery costs incurred and any loss of value.
6 Inspection obligation
Customers must immediately check delivered or picked-up products for accuracy, completeness and delivery damage.
In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damages, incorrect and incomplete deliveries are, ETR within 5 calendar days from the date of collection or delivery. Customers may not use such a product. They must store it in the original packaging as received and follow the instructions of ETR to follow.
7 Warranty
ETR provides a two-year warranty for the defect-free and functional integrity of the ordered product. This warranty period continues regardless of any warranty services provided. ETR The guarantee can be provided either by:
- free repair (original warranty period continues on all products);
- Partial or complete replacement with an equivalent used/repaired product. (In the case of replacement during the first year of the warranty, the original warranty period continues; in the case of replacement during the second year of the warranty, the warranty period is one year from the date of replacement.)
- Replacement with a new product by ETR (new warranty period of 2 years from replacement);
- Credit at the current price (maximum the selling price at the time of the order);
- Or provide a reduction.
Wear parts such as batteries, windshield wipers, rechargeable batteries, power cables, adapters, bulbs, etc., as well as software problems, are excluded from the warranty. Otherwise, the liability exclusions in Section 8 apply.
If the manufacturer’s warranty exceeds the warranty of ETR goes out, clear ETR these to the customers as well.
When handing over a data carrier or a product containing a data storage device to ETR or the dealer must be expected to experience complete data loss in any case. Customers are responsible for proper data backup and protection of their data. We assume no liability for any data loss. ETR no liability.
ETR may, at its sole discretion, provide the customer with a replacement device while the warranty claim is being examined (conditional replacement). This is subject to the (suspensive) condition that a warranty claim actually exists.Thus, the customer only receives the guarantee at the time of the guarantee promise by ETR Ownership of the replacement product. If a warranty claim is rejected by ETR the customer can purchase the replacement device at the value of the goods at the time of delivery, or they are obliged to return the replacement device at their own expense.
All further warranty provisions, in particular statutory ones, are excluded.
8 Liability and Disclaimer
Liability is governed by the applicable statutory provisions. However, ETR in no event shall be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delayed delivery and (v) any acts or omissions of the vicarious agents of ETR, whether contractual or non-contractual.
Furthermore, ETR liability in the following cases:
- improper, non-contractual or illegal storage, setting or use of the products;
- Use of incompatible spare parts or accessories (e.g. power supply);
- failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural disasters, moisture, falls and impact damage, etc., which are not caused by ETR are responsible for, and official orders.
9 Payment
All payment claims for products and services purchased through the online shop of ETR be bought, makes ETR directly with the customer. Payments must be made in Swiss francs.
Cash payment is only possible for products from ETR possible in case of collection.
Customers can use the payment options offered in the online shop under “Payment Options”.
If you pay by credit card or other instant payment method, the amount will be charged when you place your order.
Purchase on account with partial payment option (POWERPAY)
As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase on account." With this single invoice, you can easily pay for your online purchase by invoice. If you fail to pay within the specified timeframe, you will receive a monthly invoice with an order summary in the following month.
Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice claim and handles the corresponding payment terms. When purchasing on account, you accept, in addition to our General Terms and Conditions, the Terms and Conditions from POWERPAY (powerpay.ch/de/agb).
In case of advance payment, delivery will only take place after receipt of payment. The products in the warehouse of ETR are reserved until the payment deadline of at least 19 calendar days has elapsed. This also applies to products that are initially ordered externally but then processed and shipped through our warehouse. For products that are delivered directly to our customers by a dealer or external distributor, the external order is only processed after payment has been received.
10 Change of order or cancellation
Orders oblige the customer to accept the products and services.Subsequent changes or cancellations of customer orders may ETR accept at its sole discretion and charge a handling fee of 20% of the cancelled order value, but at least CHF 60.–, as well as any loss in value of the cancelled products since they were ordered.
If a (partial) delivery impossibility (condition subsequent) occurs after an order has been placed or the contract has been concluded in accordance with Section 3, the customer will be notified immediately by email. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer is released from the obligation to pay. Further claims due to delayed or non-delivery are excluded.
11 Return of non-defective goods
ETR grants the right to return the ordered products within a maximum of 14 calendar days. Please use our Return form:
For customers from Switzerland and Liechtenstein
For customers from the European Union
Customers must notify the customer of the return of the products by mail or email and bear the direct costs of the return. The products must be professionally packaged with all accessories in the original packaging (if the original packaging is missing, a handling fee of 10% of the product purchase price will be deducted from the credit note). Damaged and/or soiled products will not be accepted for return or will be invoiced to the customer in full. Furthermore, for alloy wheels, the right of return expires upon installation of the tire and/or the wheel on the vehicle. The clearance of the wheel-tire combination on the vehicle must always be checked before installation.
When handing over a data carrier or a product containing a data storage device to ETR, a complete loss of data must be expected in any case. The customer is responsible for proper data backup and protection of their data. ETR no liability.
If the customer exercises his right of return, he will refund ETR the entire purchase price.
The customer secures ETR In this context, the customer guarantees that the information and list of returned products according to the return slip created by the customer are complete and correct, and that the returned shipment actually contains the products specified in the return slip.
12 Repair outside the warranty
The costs for repairs outside the warranty according to Section 7 are borne by the customer. For devices that do not have any detectable defects or where the defect is not covered by the warranty according to Section 7, ETR reserves the right to charge the customer for the costs of examining the alleged defect as well as the shipping costs.
13 Further provisions
13.1 Unattributable returns
Returns that cannot be assigned to a customer or cannot be returned to the customer will be processed within six months of ETR stored and then disposed of.
13.2 Data protection
For the processing of personal data by ETR The privacy policy applies. Personal data, especially customer email addresses, may be used for advertising purposes.
13.3 Partial invalidity
Should individual provisions of these Terms and Conditions be invalid or ineffective, this shall not affect the validity of the remaining provisions and these Terms and Conditions as a whole.
13.4 Place of jurisdiction and applicable law
All legal relationships between ETR and the customer are subject to substantive Swiss law. The Vienna Sales Convention does not apply.
The following exclusive places of jurisdiction apply:
For all claims arising from purchase contracts in which ETR The contracting party is: For claims brought by consumers, the place of jurisdiction shall be their place of residence or Dietikon. In all other cases, Dietikon shall be the exclusive place of jurisdiction.
13.5 Copyright notice
All rights, including copyrights, to these Terms and Conditions are owned by ETR.
Any reproduction, distribution or other use is prohibited and only with the express written consent of ETR In case of violation of this requirement, ETR all legal steps.
Dietikon, July 1, 2020