Scope of Application The General Terms and Conditions of Contract ("GTC") apply to the sale of vehicles and accessories ("contract object") between seller and buyer based on a written agreement ("purchase contract") that refers to these GTC.
Vehicle Features The information about the contract object according to the purchase contract is subject to possible design or equipment changes made by the manufacturers. Features such as color tones, technical equipment, and accessories may differ from brochures and other vehicles offered in Switzerland or may be changed by the supplier between the order and delivery. It is the buyer's responsibility to clarify the binding features for them before concluding the contract and to clearly specify these in the purchase contract. Otherwise, the buyer has no right of withdrawal due to such features. Buyers of used vehicles confirm by signing the purchase contract that they have been informed about the VFAS BODY INDEX® and have understood it.
Price Adjustment The basis of the purchase price for the contract object is the catalog price valid at the time of contract conclusion. If the catalog price changes by the agreed delivery date, the seller is entitled to adjust the purchase price proportionately.
Retention of Title Until the purchase price (including default interest and costs) is fully paid, the object of purchase remains the property of the seller. The seller has the right to register the retention of title in the retention of title register.
Trade-in Vehicle The buyer declares that the trade-in vehicle is their property and that there are no third-party claims on it. They are liable for any incorrect assurances regarding the properties of the trade-in vehicle (e.g., previous mileage, accident-free condition).
Warranty The buyer can claim the factory warranty or repair cost insurance. The warranty terms are provided to the buyer upon delivery of the contract object, with the seller not being liable for their proper application. The buyer's statutory warranty claims (rescission and reduction) and compensation for any damage caused by defective delivery are excluded. Liability for Defects A: If the vehicle has a factory warranty, the manufacturer's terms apply, and claims can only be made against the manufacturer. Any further claims are excluded. B: If a used vehicle warranty (e.g., SuisseFox or Quality1 warranty) is concluded, only the respective warranty terms apply, and any further claims are excluded. C: If the vehicle has no warranty and no warranty is agreed upon, no warranty claims exist. Any warranty, to the extent permitted by law, is excluded, especially rescission and reduction.
Imported Vehicles Directly and parallel-imported vehicles are designated as such in the purchase contract. They may show additional or fewer features compared to vehicles sold by the official Swiss importer. Imported vehicles are delivered with Swiss registration. Vehicles marked with "TZ" have a daily registration from the supplier. These vehicles are considered first registered on the date of "TZ" (start of the warranty period).
Seller's Delay In case of delivery delay, the buyer can withdraw from the contract after a written reminder and the unused expiration of a 30-day written grace period within 15 days. The withdrawal is only valid if made by registered mail. The buyer is not entitled to a replacement vehicle or compensation during the delivery delay. The buyer waives any claims if the contract object is not delivered due to their withdrawal from the contract.
Right of Withdrawal for Imported Vehicles If the supplier's conditions regarding availability, price, or equipment of the contract object change for imported vehicles ("new" or with "TZ") between contract conclusion and delivery date, the seller can withdraw from the purchase contract. In this case, the seller compensates the buyer for the trouble with CHF 500.--. The buyer waives any further claims.
Buyer's Delay In case of acceptance delay and delay in payment, the seller can set a 30-day grace period for the buyer and, after its unused expiration, declare withdrawal from the contract within 15 days and claim damages or continue to demand payment of the purchase price. In these cases, as well as in case of the buyer's withdrawal, the seller can claim 20% of the purchase price as a contractual penalty. The claim for fulfillment in addition to the contractual penalty is expressly reserved.
Payment The buyer must transfer the purchase price in full to the designated account before the delivery of the contract object, according to the agreement, by bank transfer, in cash, or with a check issued by a bank. In case of cash payment, the seller can request further information about its origin.
Approval Reservation The purchase contract is subject to the approval of the seller's management or executive board. Approval is deemed granted if not refused in writing within 8 days of notification to the buyer. Any liability for damages is excluded.
Written Form The written form is a validity requirement. Supplements, amendments, or cancellations of the purchase contract are only valid if made in writing and signed by both contracting parties.
Data Protection The processing of personal data is carried out in accordance with data protection legislation. Personal data is used exclusively for the individual care of the buyer, sending product information, or making service offers. For detailed explanations on the use of personal data by the seller, refer to the privacy policy (an integral part of these GTC), published on the seller's website.
Applicable Law and Jurisdiction The GTC and the purchase contract are governed by Swiss law, excluding the rules of Swiss international private law and any state treaties. For all disputes related to these GTC or the purchase contract, the seller's domicile is the place of jurisdiction, subject to the admissibility according to the Swiss Code of Civil Procedure.