General Terms and Conditions
The General Terms and Conditions (hereinafter: GTC) apply to all transactions concluded via the amag.ch digital sales platform (hereinafter: Onlineshop). The Onlineshop is operated by AMAG.
AMAG reserves the right to amend these GTC at any time. The version of these GTC which is valid at the time of the transaction and which cannot be unilaterally changed for such transaction is decisive in each case. Conflicting conditions or conditions of the buyer deviating from these GTC are not recognised.
The offer of products and services in the Onlineshop (hereinafter: Offer) is intended exclusively for buyers resident in Switzerland.
Deliveries are made exclusively to addresses in Switzerland.
The Offer is valid as long as the product is advertised in the Onlineshop.
2. Depiction of the product and product description
There may at any time be differences between the product photo and the original. The product photo is not therefore binding and serves as an illustration.
The actual equipment may differ from the equipment listed in the product description due to country configurations.
3. Vehicle features
The vehicle is described in the purchase contract. The vehicle sold is not a vehicle which has been involved in an accident (vehicle which has suffered significant accident damage [e.g. chassis structure, chassis frame, etc.]). We reserve the right to make insignificant, reasonable changes to the shape, colour or scope of delivery of the vehicle described in the purchase contract. The seller is not, however, obliged to deliver a modified version. Measurements and data included in prospectuses, lists or elsewhere are approximations only. Energy data corresponds to the type approval for the vehicle model at the time of the offer or purchase contract, collected in the statutory test operation. For technical reasons or due to the individual configuration, it is possible that the vehicle specifications may differ from such energy data. Depending on the driving style, different consumption values result in practice. Information on the energy efficiency class corresponds to the classification at the time of the offer or purchase contract. Due to annual statutory adjustments, the vehicle may be given a different efficiency class at the time of delivery (assuming unchanged values).
4. Reservation of title
Until payment of the purchase price plus any interest on arrears, the vehicle and accessories remain the property of the seller, and any disposal thereof (e.g. sale, pledge, gift) is prohibited. The seller is entitled to have a reservation of title registered.
The buyer undertakes not to resell the vehicle under the designation ‘new vehicle’ or similar indications.
AMAG attaches great importance to providing up-to-date and accurate availability details in the Onlineshop. It may be that, when there is great interest in a particular product, it appears in the Onlineshop but is no longer available. All availability details are therefore purely indicative and may be changed until such time as the transaction is concluded.
7. Conclusion of contract
The products and prices in the Onlineshop are deemed to be an Offer. Such Offer is, however, at all times subject to availability.
The purchase contract is concluded for products or services as soon as the buyer has received written order confirmation by email, subject to availability.
8. Purchase contract, payment and delivery date
8.1 Purchase contract
Within a reasonable period AMAG emails the buyer the terms of the purchase contract as confirmation, providing bank account details with a request to transfer the amount within 10 days.
The buyer is obliged to transfer to the bank account of AMAG the invoice amount stated in the purchase contract within 10 days of receipt of the purchase contract. In any event the purchase price must be received by AMAG two days before delivery or collection of the product.
8.3 Delivery/collection date
An individual delivery or collection date is agreed with the purchaser after the order has been received.
If AMAG is late with the delivery, the purchaser may assert the legal consequences of delay only after he/she has sent AMAG a written reminder and given it in writing a grace period of 30 days and such grace period has expired without being used.
Claims by the buyer are in any event excluded in respect of delay through no fault of AMAG.
In the event of non-acceptance or delay in full payment of the purchase price, AMAG may (1) send the buyer a written reminder, (2) give the buyer a grace period of 30 days and (3) after expiry of such grace period either (a) insist in writing on fulfilment of the purchase contract and claim compensation from the buyer for delay or (b) waive the buyer’s performance and claim compensation from the buyer for non-fulfilment, with AMAG entitled to claim as compensation from the buyer 15 per cent of the purchase price of the vehicle in addition to the value of the performance that has not been provided, or (c) withdraw from the contract, with AMAG entitled to claim from the buyer compensation for the loss arising from the voiding of the contract.
10. Risk assumption
AMAG assumes the risk of loss, destruction and depreciation of the product until it is handed over.
If the buyer is late in accepting the product or in paying, risk passes to the buyer.
11. Warranty and guarantee
11.1 The statutory warranty is fully excluded to the extent permitted by law. If the vehicle has a current manufacturer’s warranty, AMAG provides the services owed under such warranty. If the buyer makes claims to AMAG under a guarantee, sections 11.2 to 11.8 apply.
11.2 The buyer is entitled to rectification by AMAG under the following conditions: (a) repair or exchange of the defective parts and removal of other damage to the vehicle insofar as such damage has been caused directly by the defective parts. In such case spare parts belong to AMAG.
11.3 The buyer must notify AMAG of any defects immediately or have them established.
11.4 The buyer must deliver the vehicle to AMAG on request for rectification.
11.5 Any guarantee obligation lapses if (1) the vehicle has been improperly handled, serviced or maintained, overloaded or subject to unauthorised alternation or conversion (e.g. tuning), (2) the operating instructions have not been followed or (3) the manufacturer’s technical servicing measures have not for any reason been executed immediately after the buyer became aware that they were needed.
11.6 Natural wear and tear is excluded from the warranty obligation.
11.7 If a substantial defect cannot be remedied despite repeated rectification, a reduction in the purchase price or cancellation of the contract may be claimed. The buyer is not entitled to a replacement delivery. In the event of cancellation, the following approach applies to compensation for use: _ one-hundredth(s) of a Swiss franc/km. Any installations, conversions and expansions as well as their installing, dismantling and assembly will not be replaced.
11.8 Rectification does not extend the general warranty period for the vehicle.
Liability is based on the applicable statutory provisions. However, AMAG is in no way liable for (i) slight negligence, (ii) indirect or collateral losses and consequential losses and lost profits, (iii) savings not made, (iv) losses due to delay in delivery and (v) any actions and omissions on the part of AMAG’s auxiliaries, be this contractual or extracontractual.
Otherwise AMAG rejects liability if the following events occur:
• improper, non-contractual or unlawful storage, configuration or use of products;
• use of incompatible spare parts or accessories (e.g. power supply);
• lack of servicing and/or improper modification or repair of products by the customer or a third party;
• force majeure, in particular damage caused by the elements, damp, impact or fall for which AMAG is not responsible, and official orders.
13. Right of return (optional additional service)
As a basic principle, the buyer has no right of return.
If the buyer has optionally decided to pay for a seven-day right of return as an additional service, AMAG grants him/her a right to return the product during the period of seven weekdays from its delivery or collection.
The buyer must notify return of the product via AMAG’s delivery firm or via the Customer Care Center (email@example.com) and act in accordance with the instructions received. The product must be returned in the same condition as on acceptance. The returned vehicle may display a maximum of 300 kilometres more than on its delivery or collection.
If the buyer makes use of the right of return, he/she is entitled to claim from AMAG the full purchase price less an administrative fee of CHF 400, additional services (e.g. polishing, sealing, insurances) and/or additional products (e.g. tyres, accessories, roof rack) and excess kilometres travelled (compensation for use for each excess kilometre of 70 one-hundredths of a Swiss franc/km). The buyer is liable in full for any damage to the vehicle (scratches on the paintwork, rim damage, bodywork damage, etc.) caused by the buyer while using the vehicle. AMAG reserves the right to refuse to take the vehicle back against reimbursement of the purchase price in the event of major defects or damage caused by the buyer during use.
14. Data protection
The privacy statement applies when AMAG processes personal data.
15. Partial invalidity
If any provisions of these GTC are invalid or ineffective, this has no effect on the effectiveness of the remaining provisions and these GTC as a whole.
16. Place of jurisdiction and applicable law
All legal relations between AMAG and its customers are subject to substantive Swiss law. The Vienna Convention on Contracts for the International Sale of Goods is not applicable.
The place of jurisdiction for any disputes arising under this contract is the registered office of AMAG Automobil und Motoren AG in Cham in the canton of Zug. AMAG Automobil und Motoren AG reserves the right, however, to institute judicial proceedings at the registered office of the defendant contracting party. The place of jurisdiction clause does not apply to cases where civil procedure law prescribes another place of jurisdiction.