General Terms and Conditions

1. Scope of application

1.1 The business relationship between Elite Garage Zuzwil AG (hereinafter "Seller") and the customer (hereinafter "Customer") is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 You can reach our customer service for questions, complaints and objections on weekdays by e-mail at admin@elite-zuzwil.com.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural or legal person who can conclude a legal transaction for a purpose (§ 13 BGB).

1.4 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity in writing.


2.offers and service descriptions


2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee.



3.Prices

3.1 All prices stated on the Seller's website include the applicable statutory value added tax.


4.Terms of payment


4.1 The customer can choose from the available payment methods during and before completing the order process.

4.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

4.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.

4.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay default interest in the amount of 5 percentage points above the base interest rate.

4.5 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.

4.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.


5.Retetion of title


5.1 The delivered goods remain the property of the seller until full payment has been made.

6. Warranty for material defects and guarantee


6.1 The warranty is governed by statutory provisions.

6.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given.


7.Liability


7.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.

7.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

7.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

7.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

7.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.


8.Right of cancellation


8.1 There is no right of cancellation as the product was inspected and paid for on site.


9.Storage of the contract text


9.1 The seller saves the contract text of the order. The GTC are available online. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

9.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Furthermore, the customer receives a copy of the GTC with his order.


10.Place of jurisdiction, applicable law, contract language


10.1 The place of jurisdiction and place of fulfilment shall be the registered office of the Seller if the Buyer is a merchant, a legal entity under public law or a special fund under public law.

10.2 Swiss law shall apply. This shall not apply if mandatory consumer protection regulations preclude such application.

10.3 The contractual language is German.