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General terms and conditions

1. Order and authority

The buyer commissions and authorises Car Trade 24 to buy the vehicle in their name, to import and declare it. The same applies for the type relief and all remaining formalities.

2. Purchase price

The purchase price is the same as the net price. Included therein are all costs as well as the Swiss VAT. Please refer to point 3 regarding price changes.

3. Price changes

3.1 If the VAT should change during the period of your being placed we will adjust the rate and charge the buyer directly.

3.2 The price of the vehicle, according to the valid price list will be confirmed as soon as the contract is concluded. Car Trade 24 is entitled to adapt the purchase price if there are price changes more than five months between the conclusion of the contract and the arranged delivery date

3.3 If a vehicle is purchased from our showroom, the price is binding until the vehicle is handed over.

3.4 If Car Trade 24 has an unforeseeable price increase this does not entitle the buyer to cancel the contract. However, in an exceptional case the contract can be annulled by mutual agreement.

3.5 The EUR/CHF rate of exchange is clearly stipulated in the sales contract. However, if there is an increase of more than two centimes then this will be charged to the buyer accordingly. The buyer can, if wished, secure the rate of exchange by paying a 10% advanced payment. This has to be clearly stipulated in the sales contract.

Info: https://www.nab.ch/info/nabinfo262.html?ort=II

4. Reservation of proprietary rights

The vehicle remains to Car Trade 24’s possession until it has been fully paid together with the default interest and costs. Car Trade 24 is authorized to register a reservation of proprietary rights on the vehicle and accessories as stated in Article 715 ZGB.

As far as the reservation of proprietary rights are concerned, the buyer should not dispose of the vehicle or allow a third party to drive it.

5. Payment conditions

1. The selling price and costs for ancillary services have to be paid when handing over to be paid when handing over the purchased vehicle or when the invoice is in Car Trade 24’s possession.

2. The purchaser can only then offset claims of the buyer when the disprove requirement of the purchaser is beyond dispute or have become a res judicata. The buyer can only assert a right of retention where this is based on claims relating to the sales contract.

6. Delivery

The vehicle can be picked up directly at the premises of Car Trade 24 in Villmergen AG. However, if another location is requested then additional costs will be charged accordingly.

7. Liability for deficiencies (guarantee)

7.1 On the purchase date of your bought vehicle there is a warranty which the buyer can claim for it with the manufacturer. The warranty begins with the corresponding date in the service documents.

Warranties and all liabilities for damages are expressly excluded and are not Car Trade 24’s responsibility.

7.2 For transaction of a rectification of a defect the following applies:

7.2.1 The buyer can assert a right on replacing a defect by the manufacturer or by an official brand importer for the care of the purchased object acknowledged company. This company is mentioned by the “licenced dealer”.

7.2.2 Car Trade 24 is not a licenced dealer and cannot replace parts on behalf of the manufacturer or their brand importer.

7.2.3 If the vehicle is still under warranty and has an unserviceable fault, the buyer has to take it to the nearest authorized dealer for repair.

7.2.4 Replaced parts belong to the manufacturer, respectively official brand importer or their authorized dealer.

7.2.5 The buyer can claim for damaged replaced parts within the term of limitation directly with the manufacturer or their brand importer.

7.3 By transfer of ownership of the purchased object the claims of rectification don’t get touched.

7.4 In the countries of the European community the manufacturers offer their vehicles in different standard equipment.

In fact when the interior of the vehicle from other European countries has an interior, which counts in another country to the standard equipment, this isn’t an absence of the purchased object. Only missing, contractual assured interior features can be conducted to a notice of defects.

7.5 If there is a part missing which was explicitly mentioned in the sales contract you have to inform Car Trade 24 and not the authorized dealer. Car Trade 24 has the authority to offer the customer the appropriate compensation instead of replacing the faulty/missing parts. If Car Trade 24 and the buyer do not reach a mutual agreement regarding the amount of compensation to be paid, then the catalogue price (valid at the time of sales contract being signed) for the standard part of the particular country of origin will be reimbursed.

8. Delay by Car Trade 24 GmbH

The legal consequences of default can be put in force by the buyer in case of delay after a written reminder plus following the fruitless expiry of the period of grace within 30 days.

Is the delivery date indicated in the contract with “circa” or “expected”, the due day of 60 days sets out after the circa date and only from that date the buyer can put Car Trade 24 in default.

Car Trade 24 cannot be held responsible for any damages which may have resulted through a third party. This refers to damages which have occurred during delayed delivery, non-delivery by the manufacturer, supplier, transport, and/or brand importer, strikes and other causes out of our control.

9. Delay by the buyer

If the buyer is behind in fulfilling the service contract a written reminder will be sent. If the buyer does not react within 15 days Car Trade 24 can act as follows:

9.1. Car Trade 24 insists on fulfillment and compensation for any delay or 9.2 withdrawel from the contract. The vehicle can be taken back into Car Trade 24’s possession. Any caused damage, inconvenience and/or loss of profit will be charged to the buyer.

If the buyer terminates the contract before the vehicle is delivered then the same terms as mentioned under 9, 9.1 and 9.2 apply.

The interest of 3% p.a. is over the interest loan which has to be payed from the buyer by delay or deferment of payment, which is offered by Credit Suisse Leasing individual for car leasing within a period of 36 moths.

10. Risk of damage or value reduction

Risk of damage or value reduction Car Trade 24 is fully responsible for the vehicle until it is handed over. Any damages etc. which may occur beforehand are Car Trade 24’s responsibility.

In the case of the buyer not being satisfied with the bought vehicle a written complaint has to be filed within 15 days. Once this notice has elapsed the buyer is fully responsible for the vehicle.

11. Place of jurisdiction

The contract of purchase such as the privity of contract of the parties is subject to Swiss law in every respect. The place of delivery for both parties and place of performance for persons with domicile in overseas is Villmergen/AG. Place of jurisdiction is explicit Bremgarten/AG. Car Trade 24 is authorized to prosecute the buyer to another responsible justice.