Conditions

General terms and conditions of business

1. scope

The following General Terms and Conditions (GTC) apply to the use of this website and the business relationships between Emovion (=Winterräder Direkt GmbH, c/o Emovion, Keltenweg 1, 5600 Lenzburg) and its customers in the version currently available and valid when the website is accessed or when goods are ordered. The offer (online shop) on this website is aimed exclusively at customers residing in Switzerland.

A customer is defined as any natural or legal person who maintains a business relationship with Emovion. The general terms and conditions, the delivery and payment conditions and the data protection provisions may be adjusted from time to time. Emovion asks that you read these provisions carefully every time you visit the website and every time you order goods.

These terms and conditions apply exclusively. Any conflicting, supplementary or deviating conditions require the express written confirmation of Emovion in order to be valid. By using this website or ordering goods, the customer confirms that he or she fully accepts these terms and conditions, including the delivery and payment conditions.

Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The operator of this website is Winterräder Direkt GmbH.

1. Information on this website

Emovion contains information about products and services. Price and product range changes as well as technical changes are reserved. All information on www.emovion.ch (product descriptions, images, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values ​​and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Emovion endeavors to provide all information and details on this website correctly, completely, up to date and clearly arranged, but Emovion cannot provide any guarantee for this, either expressly or implicitly.

All offers on this website are subject to change and are not to be understood as binding offers.

Emovion cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times is without guarantee and can change at any time and without notice.

1. Prices

Unless otherwise stated, Emovion's prices include statutory VAT, any advance recycling fees (VRG) and copyright fees for electronic devices. Prices include VAT in Swiss francs (CHF).

Unless otherwise stated, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process.

Technical changes, errors and misprints are reserved. In particular, Emovion may change prices at any time and without prior notice. The sales prices do not include any consulting or support services.

1. Conclusion of contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from Emovion. By ordering via this website, including acceptance of these terms and conditions, the customer makes a legally binding offer to conclude a contract. Emovion then sends an automatic "order confirmation" by email for online shop orders, which confirms that Emovion has received the customer's offer. Orders placed are binding for the customer. The right of withdrawal applies in accordance with the terms and conditions.

The contract is concluded as soon as Emovion sends a declaration of acceptance (order confirmation) by email, confirming the dispatch of the ordered products or services.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If it becomes apparent after the contract has been concluded that the ordered goods cannot be delivered or cannot be delivered in full, Emovion is entitled to withdraw from the entire contract or from part of the contract. If the customer's payment has already been received by Emovion, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the obligation to pay. In the event of termination of the contract, Emovion is not obliged to provide a replacement delivery.

1. Payment options, retention of title and reminders

The customer only has the payment options specified during the ordering process available.

Emovion reserves the right to exclude customers from certain payment options or to insist on payment in advance without giving reasons.

The products delivered to the customer remain the property of Emovion until full payment has been made.

For business customers who purchase on account, the purchase price is due for payment on the day the delivery is received by the customer. If payment is not made within 15 days of the due date, the customer is in default. In this case, Winterräder Direkt GmbH reserves the right to charge the customer reminder fees in addition to the invoice amount. While no fees are charged for the payment reminder and the first reminder, the reminder fees for the second reminder are 2% of the invoice amount (excluding VAT) and 3% for the third reminder. The outstanding invoice amount (including default interest and reminder fees) can be given or sold for the purpose of debt collection. In addition to paying the invoice amount, the customer is also obliged to reimburse all costs arising from the delay in payment.

Corporate customers agree to receive invoices, credit notes and reminders in electronic or paper form.

1. Delivery, obligation to inspect, notification of defects and return

Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoicing is done by email or post. Upon dispatch, benefit and risk are transferred to the customer.

If the delivery cannot be made or if the customer refuses to accept the delivery, Emovion can terminate the contract after sending a notice of complaint by email to the customer and setting a reasonable deadline and invoice the costs for the effort.

The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and to report any defects for which Emovion provides a guarantee immediately in writing by letter or email to the address (legal notice).

Returns to Emovion are at the customer's expense and risk. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address specified by Emovion (Winterräder Direkt GmbH, c/o Emovion, Hendschikerstrase 15, 5600 Lenzburg).

If Emovion's inspection reveals that the goods do not have any detectable defects or that they are not covered by the manufacturer's warranty, Emovion may charge the customer for the costs of returning the goods or any disposal.

1. Right of withdrawal

The customer is granted a right of withdrawal within 5-7 calendar days after receipt of the goods. This deadline is deemed to have been met if the customer sends the written cancellation to Emovion by email (info@emovion.ch) or letter (Winterräder Direkt GmbH, c/o Emovion, Keltenweg 1, 5600 Lenzburg) within the deadline. The cancellation does not require any justification.

Exercising the right of withdrawal will result in the contract being reversed. The customer must return the goods within 14 calendar days, unopened, in the sealed original packaging, complete with all accessories and together with the delivery note, to the return address specified by Emovion (Winterräder Direkt GmbH, c/o Emovion, Hendschikerstrasse 15, 5600 Lenzburg). Returns to Emovion are at the customer's expense and risk. Any payment already made will be refunded to the customer within 30 calendar days, provided that Emovion has already received the goods back or the customer can provide proof of shipment.

Emovion reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss in value from the purchase price already paid or to invoice the customer.

No right of withdrawal is granted in the following cases:

(i) Where the contract has an element of chance, in particular because the price is subject to fluctuations beyond the control of the supplier.

(ii) If the contract concerns a movable item which, by its nature, is not suitable for return or is liable to deteriorate quickly;

(iii) If the contract concerns a movable item which is made according to the consumer's specifications or which is clearly tailored to his personal needs;

(iv) where the contract concerns digital content and that content is not provided on a fixed medium or where the contract is to be performed in full immediately by both parties;

(v) Where the contract is for the supply of services and the contract is to be fully performed by the supplier with the consumer's prior express consent before the withdrawal period has expired.

1. Warranty

In the case of drop shipments or goods that are not delivered directly to us, we are not obliged to subject the goods to a thorough inspection for defects or completeness. Our complaint is therefore still considered to be timely if our customer has notified us immediately and we have immediately passed this complaint on to our supplier. Any complaints must be made immediately and in writing. The customer in this sense is our end customer and not the carrier, freight forwarder or other vicarious agent.

It is at Emovion's discretion to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.

The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties, or defects that are due to external circumstances. The warranty also does not cover consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.).

Emovion is unable to provide any assurances or guarantees that the data is up-to-date, complete and correct, or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties who are not owned by Emovion.

1. Liability

Emovion excludes all liability, regardless of its legal basis, as well as claims for damages against Emovion and any auxiliary persons and vicarious agents. In particular, Emovion is not liable for indirect damage and consequential damage, lost profits or other personal injury, property damage or purely financial loss suffered by the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.

Emovion uses hyperlinks solely to simplify the customer's access to other web offerings. Emovion cannot know the content of these web offerings in detail, nor can it accept liability or other responsibility for the content of these websites.

1. data protection

Emovion collects and processes personal data in accordance with the Emovion GmbH data protection regulations. Emovion may process the data recorded as part of the conclusion of the contract in order to fulfil the obligations arising from the purchase contract. The data necessary to fulfil the service may also be passed on to commissioned service partners (logistics partners) or other third parties. Data protection declaration

1. Further instructions

Emovion expressly reserves the right to change these Terms and Conditions at any time and to put them into effect without notice.

In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict of law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Aarau, unless the law provides for mandatory places of jurisdiction.

1. Contact

If you have any questions about these Terms and Conditions, please contact: Imprint