Terms and Conditions

General Terms and Conditions for Buyers

These General Terms and Conditions ("GTC") apply to all legal transactions (CONTRACT) concluded between ("SELLER") and you ("CUSTOMER") via the SELER'S website/s ("ONLINE SHOP/S") or physically. These GTC and any further provisions presented to the customer (in particular privacy policy, warranty provisions, region-specific rules) are integral parts of the contract between the SELLER and the CUSTOMER.

1. DEFINITIONS

1.1 The terms quoted and defined this clause 1 shall have the following meanings whenever used in these GTC, whether in the singular or plural, in SMALL CAPITALS:

«GTC»

indicates this document.

«VEHICLE»

refers to an automobile (Microlino).

«CONSUMER»

is the CUSTOMER if the law so determines, i.e. in particular if he/she, as a natural person, concludes a legal transaction for purposes that are outside his/her commercial, business, craft or professional activity.

«DELIVERY TIME»

is the expected delivery time for the OBJECT OF AGREEMENT, in particular as stated in the online shop.

«ONLINE SHOP»

refers to the websites of the SELLER, insofar as their contents serve the preparation, conclusion and execution of purchase and work and materials contracts.

«AVAILABILITY»

means the fact that the SUBJECT MATTER OF THE CONTRACT is available from the SELLER on the terms originally agreed by the SELLER with its supplier.

«CONTRACT»

is the agreement between the SELLER and the CUSTOMER, of which these GTC are an integral part.

«OBJECT OF AGREEMENT»

is/are the goods which the CUSTOMER purchases from the SELLER and/or has ordered to be manufactured.

2. OFFER

2.1 The products offered are intended for CUSTOMERS with their place of residence or company headquarters in a country approved on the website. Deliveries are made exclusively to these countries.

3. OBJECT OF AGREEMENT

3.1 The seller sells the OBJECT(S) OF AGREEMENT to the CUSTOMER. In some cases, it initially manufactures them according to the CUSTOMER'S specification or has them manufactured.

4. CUSTOMER ACCOUNT

4.1 The CUSTOMER may open a customer account in the ONLINE SHOP to place an order with the SELLER. The CUSTOMER is obliged to keep the corresponding access data secret.

5. DEPOSIT AND CONFIGURATION CHANGES

5.1 The CUSTOMER can order a VEHICLE against a deposit of CHF 500. The deposit will later be deducted from the vehicle purchase price.

5.2 The CUSTOMER may adjust the configuration of VEHICLES free of charge after ordering contigently during a period specified on the website.

6. FORMATION AND EXECUTION OF THE CONTRACT

6.1 The presentation of the VEHICLES in the ONLINE SHOP is considered an offer. The CUSTOMER'S order in the ONLINE SHOP is considered to be an acceptance.

6.2 Outside the ONLINE SHOP, an offer and acceptance, is achieved, usually in writing.

6.3 The acceptance is subject to cancellation in accordance with para. 6.5 binding.

6.4 After an internal review of the order, the CUSTOMER will receive a request to definitively confirm the vehicle configuration and to finalise the order. Changes to the vehicle configuration after expiry of the period pursuant to para. 5.2 may, however, affect the delivery time.

6.5 Until the order is finalised, the order can be cancelled by the CUSTOMER. In this case, CHF 250 of the amount due pursuant to para. 5.1 will be retained as a processing fee. The handling fee is a compensation for the services and expenses of the Supplier in connection with the individual configuration of the vehicle and its provision or reservation. The remainder of the deposit will be refunded. It should be noted that the sales compensation is not charged if the purchase contract is concluded by the customer or a leasing company selected by him. In the event of a later withdrawal from the contract, the costs incurred to date shall be charged to the CUSTOMER.

6.6 A few weeks before the production of the VEHICLE, the SELLER shall invoice the CUSTOMER. The invoice is due for payment within 14 day.

6.7 In the case of lease financing, the contract shall be concluded upon conclusion of the lease agreement. The CUSTOMER has the right to withdraw from the CONTRACT for 14 days after conclusion (right of revocation). The lessor's General Terms and Conditions of leas shall apply.

7. VEHICLE FEATURES

7.1 In the case of vehicles, the OBJECT OF AGREEMENT is described in the vehicle configuration. We reserve the right to make non-substantial, reasonable changes to the VEHICLES described in the vehicle configuration with regard to shape, colour or scope of delivery. Measured values and data listed in brochures and lists or elsewhere are merely approximate values.
The information on the range and power consumption of VEHICLES corresponds to the data collected in the type approval at the time of the final confirmation of the vehicle configuration by the CUSTOMER. For technical reasons and due to individual configuration, it is possible that the VEHICLE data may deviate from this

8. FULFILMENT AND RISK TRANSFER

8.1 In the case of VEHICLES, the SELLER shall inform the customer of the expected collection date. If possible and desired, the CUSTOMER will be offered the option of booking an additional delivery for which a charge will be made. Other OBJECTS OF AGREEMENT will be shipped.

8.2 The SELLER is responsible for the transport to the place of collection or the dispatch for transport to the countries released on its website; it has fulfilled the contract with the dispatch of the OBJECT OF AGREEMENT for shipment or with the direct handover of the the OBJECT OF AGREEMENT to the CUSTOMER.

8.3 The CUSTOMER bears the risk of accidental loss or accidental deterioration of the OBJECT OF AGREEMENT from the time it is handed over to the transport company ("FOB" place of dispatch). VEHICLES are insured against damage and loss during transport, unless the CUSTOMER organises the transport himself/herself.

9. VEHICLE INSURANCE

9.1 In the case of VEHICLES, the CUSTOMER has the option of taking out vehicle insurance arranged by the SELLER or of arranging insurance himself/herself and providing proof thereof for the redemption of the vehicle.

9.2 In the former case, the provisions of the insurance shall apply to the contract between the insurance company and the CUSTOMER.

9.3 The SELLER will redeem the vehicle for the CUSTOMER at the CUSTOMERS'S request, provided proof of insurance is received in good time.

10. DELIVERY TIME

10.1 The SELLER attaches great importance to providing up-to-date and accurate information on AVAILABILITY and DELIVERY TIMES. Nevertheless, delivery delays may occur. All information on AVAILABILITY, DELIVERY TIME and collection date is therefore without guarantee and may change at any time.

10.2 The CUSTOMER cannot derive any claims from exceeding the DELIVERY TIME and/or postponed collection dates, unless they are expressly regulated in this COTNRACT.

11. WITHDRAWAL OF THE SELLER

11.1 The SELLER has the right to withdraw from the CONTRACT at any time for objective economic reasons (such as non-availability of the service, delivery difficulties or price increases of suppliers, operational reasons, etc.) against immediate reimbursement of all payments already made by the CUSTOMER. It shall inform the customer immediately of its withdrawal.

12. ACCEPTANCE

12.1 The CUSTOMER is obligated to have the OBJECT OF AGREEMTN delivered by the transport company in accordance with para. 8.1 or to collect the goods on the agreed collection date at the place specified by the SELLER.

12.2 If the CUSTOMER fails to accept the goods, the seller shall make a second delivery attempt or agree a new collection date. If the delivery or collection is again unsuccessful, the SELLER may either declare withdrawal from the CONTRACT within a reasonable period of time and refund the payments already made by the CUSTOMER or continue to demand payment of the purchase price.

12.3 Transport costs for returns or further delivery attempts shall be borne by the CUSTOMER.

13. PROPERTY TRANSITION

13.1 The OBJECT OF AGREEMENT shall remain the property of the SELELR until payment has been made in full.

13.2 If the CUSTOMER defaults on payment of the purchase price, the SELLER shall be entitled to have the retention of title entered in the retention of title register at the CUSTOMER'S expense.

14. PURCHASE PRICE AND PAYMENT

14.1 The CUSTOMER is obliged to pay the down payment, the purchase price shown when the order is finalised, as well as any processing fees, delivery costs, the costs of a delivery agreed at a later date, and any other taxes or charges.

14.2 Price changes by SELLER are reserved until the order is finalised. Sales of VEHICLES with a delivery period of less than four months from the conclusion of the CONTRACT are reserved.

14.3 The prices are inclusive of VAT.

14.4 Payments are to be made using the payment methods offered. The CUSTOMER may be charged fees for the means of payment used.

14.5 If the CUSTOMER is in arrears with a payment obligation, he/she shall pay interest on arrears in the amount of 5% and, if applicable, damages. After an unsuccessful first reminder from the CUSTOMER, the SELLER may also either declare withdrawal from the OBJECT OF AFGREEMENT'S expense or continue to demand payment of the purchase price. In the event of withdrawal by the SELLER due to default on the part of the CUSTOMER, the CUSTOMER'S down payment shall be forfeited in accordance with para 5.1. The CUSTOMER shall also be liable for any further damages (positive or negative contractual interest of the SELLER).

14.6 The SELLER may charge reasonable reminder fees.

14.7 The SELLER may commission third parties with the collection or assign claims for collection purposes

14.8 All costs are to be paid in full until the delivery of the OBJECT OF AGREEMENT. The SELLER is not obliged to hand over the OBJECT OF AGREEMENT to the customer before full payment of the purchase price and all other costs.

15. WARRANTY

15.1 If the SELLER has delivered goods (other than VEHICLES) which are not in conformity with the CONTRACT, the CUSTOMER may initially only demand that the SELLER rectifies the lack of conformity free of charge by repair or replacement, at the SELLER'S discretion.

15.2 In the case of VEHICLES, the CUSTOMER receives a limited warranty in accordance with the separate warranty provisions, which are an integral part of the CONTRACT. To the extent permitted by law, the performance of repairs or the replacement of new or overhauled parts for the defects covered by the warranty shall be the exclusive remedy of the new vehicle warranty or a statutory warranty. If the CUSTOMER is a CONSUMER, the statutory warranty rights may extend beyond these warranty provisions.

15.3 Warranty and warranty claims expire two years after handover of the delivery to the transport company in accordance with para. 8.2.

15.4 In the case of VEHICLES, the CUSTOMER may be able to take out a warranty extension until the expiry of the normal warranty. This extension is arranged by the SELLER through a third-party provider. Their conditions apply.

16. LIMITATION OF LIABILITY

16.1 Subject to para. 14 and other mandatory statutory provisions to the contrary, the liability of the SELLER for any lack of conformity of the delivery and other breaches of contract shall be excluded; the SELLER shall therefore only be liable for intent and gross negligence. Furthermore, the express assurance or fraudulent concealment of certain properties of the OBJECT OF AGREEMENT shall remain reserved.

16.2 Para. 15.1 also applies to damages due to acts or omissions of auxiliary persons of the SELLER.

16.3 Para. 15 does not affect liability for death or personal injury or product liability if the CUSTOMER is a CONSUMER.

17. OPERATION INSTRUCTIONS

17.1 The CUSTOMER is obliged to take note of and follow the operating instructions for the VEHICLE. In case of ambiguity, the customer service of the SELLER must be contacted.

18. DATA PROTECTION

18.1 The SELLER'S privacy policy is an integral part of this contract.

19. GENERAL PROVISIONS

19.1 The version of these GTC in force at the time of the order or the final confirmation of the configuration by the CUSTOMER shall apply.

19.2 Previous agreements, oral arrangements, negotiations or representations are superseded by this CONTRACT. Provisions relating to the sale that are not expressly mentioned in this CONTRACT are not binding.

19.3 The SELLER may assign the CONTRACT to an affiliated company.

19.4 Amendments to the CONTRACT must in any case be in writing and signed by authorised representatives of the parties.

19.5 This CONTRACT is governed by Swiss law without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (SR 0.221.211.1) shall not apply. If the CUSTOMER is a CONSUMER, this provision shall not apply.

19.6 Disputes arising from or in connection with this CONTRACT shall be subject to the exclusive jurisdiction of the competent court at the registered office of the SELLER. If the CUSTOMER is a CONSUMER, the statutory place of jurisdiction shall apply.

Version 28.02.2023