2. PRODUCT RANGE

2.1 The supply of products is aimed at CUSTOMERS who have a place of residence or a registered office in a country approved on the website. Deliveries are shipped only to these countries.

3. CUSTOMER ACCOUNT

3.1 The CUSTOMER may create an account in the ONLINE SHOP to order from the SELLER. The CUSTOMER is obliged to treat the corresponding access data as confidential.

4. RESERVATION OF VEHICLES

4.1 The CUSTOMER can book an order (reserve) for a VEHICLE for ordering at a later date, subject to a deposit. The deposit will then be credited to a future order. The CUSTOMER may revoke the reservation until the conclusion of the CONTRACT following receipt of the order according to section 5 of this GTC, whereby the deposit will be refunded minus a handling fee of 5% of the deposit amount.

4.2 The CUSTOMER may be able to adjust the configuration the VEHICLE after placing the order during a period specified on the website.

5. CONTRACT CONCLUSION FOR ORDERS IN THE ONLINE SHOP

5.1 The SELLER shall notify the CUSTOMER when the VEHICLES are expected to be ready for collection. If possible and requested, the CUSTOMER receives the offer to book a delivery, subject to fees. The SELLER will dispatch other CONTRACTUAL OBJECTS

5.2 When ordering a VEHICLE, the CUSTOMER will be given the opportunity to definitively confirm the configuration shortly before the start of production.

5.2 When ordering a VEHICLE, the CUSTOMER will be given the opportunity to definitively confirm the configuration shortly before the start of production.

5.3 The CONTRACT comes into effect once the CUSTOMER receives the electronic confirmation from the SELLER for the conclusion of the CONTRACTContract conclusion outside the onlineshop

5.4  After the electronic confirmation of the contract conclusion, the invoice will be sent by the SELLER to the CUSTOMER. The SELLER may postpone the production on the CONTRACTUAL OBJECT until the invoice has been paid

6. CONTRACT CONCLUSION OUTSIDE THE ONLINESHOP

6.1 The CONTRACT is concluded by exchange of offer and axxeptance

6.2 The CUSTOMER will be given the opportunity to definitively confirm the vehicle configuration shortly before the start of production

6.3 After confirmation ot the vehicle configuration, the invoice will be sent to the CUSTOMER by the SELLER

6.4 The SELLER may postpone the production on the CONTRACTUAL OBJECT until the invoice has been paid

7. PURPOSE

7.1 The SELLER sells the CONTRACTUAL OBJECT to the CUSTOMER. The SELLER may first manufacture the CONTRACTUAL OBJECT/S or have it/them produced according to the CUSTOMER’S specification

8. CHARACTERISTICS OF VEHICLES

8.1 In the case of VEHICLES, the CONTRACTUAL OBJECT is described in the vehicle configuration. We reserve the right to make non-substantial, reasonable changes on the VEHICLE described in the vehicle configuration with regard to shape, colour or scope of delivery. Measured values and data given in brochures and lists or elsewhere are only approximate values. The data on the range and power consumption of the VEHICLE correspond to the data collected in the type approval. For technical reasons and due to individual configuration, it is possible that the specifications of the VEHICLE deviate from this

9. CONTRACT FULFILMENT AND RISK ASSUMPTION

9.1 The SELLER shall notify the CUSTOMER when the VEHICLES are expected to be ready for collection. If possible and requested, the CUSTOMER receives the offer to book a delivery, subject to fees. The SELLER will dispatch other CONTRACTUAL OBJECTS

9.2 The SELLER is responsible for transport to the collection point or the authorised countries as mentioned on its website. Dispatch of the CONTRACTUAL OBJECT or direct handover of the CONTRACTUAL OBJECT to the CUSTOMER by the SELLER qualifies as fulfilment of the CONTRACT.

9.3 The risk of accidental loss or accidental deterioration of the CONTRACTUAL OBJECT is transferred to the CUSTOMER upon its handover to the carrier (FOB place of dispatch). VEHICLES are insured against damage and loss during transport unless the CUSTOMER is responsible for organising the transport

10. VEHICLE INSURANCE

10.1 The CUSTOMER may take out VEHICLE insurance brokered by the SELLER or arrange for the insurance and proof thereof for the payout of the vehicle.

10.2 In the first case, the contract between the insurance company and the CUSTOMER is subject to the provisions of the insurance company.

10.3 The seller pays out the vehicle for the customer at the customer’s request, provided that evidence of insurance has been provided in good time.

11. DELIVERY PERIOD AND SUBSUQUENT IMPOSSIBILITY 

11.1 The SELLER attaches great importance to providing up-to-date and accurate information on AVAILABILITY and DELIVERY PERIODS in the ONLINE SHOP. Nonetheless, delivery delays may occur. Any information on AVAILABILITY and DELIVERY PERIODS are therefore non-binding and subject to change at any time.

11.2 Delays in delivery do not constitute any rights of the CUSTOMER to assert claims unless this otherwise expressly stated in this CONTRACT.

11.3 The SELLER has the right to withdraw from the CONTRACT at any time requiring immediate reimbursement of all payments already made by the CUSTOMER. The SELLER shall notify the CUSTOMER of the withdrawal immediately. 

12. ACCEPTANCE

12.1 The CUSTOMER is obliged to accept the CONTRACTUAL OBJECT as delivered by the carrier according to section 7.1 or pick up the goods according to the agreement within one week at the location indicated by the SELLER.

12.2 The SELLER shall undertake a second delivery attempt or agree to a new pick-up date should the CUSTOMER fail to accept. If the second delivery attempt is unsuccessful, the SELLER shall be able to rescind the CONTRACT within a reasonable period and reimburse the CUSTOMER for payments already received or continue to demand payment of the purchase price.

12.3 The CUSTOMER shall cover any transport costs for returns or further delivery attempts.

13. TRANSFER OF OWNERSHIP

13.1 The CONTRACTUAL OBJECT remains the property of the SELLER until paid for in full.

13.2 If the CUSTOMER defaults on payment of the purchase price, the SELLER is entitled to register the reservation of title in the relevant register at the expense of the CUSTOMER.

14. PURCHASE PRICE AND PAYMENT

14.1 The CUSTOMER must pay the purchase price given in the ONLINE SHOP at the time the order is placed, along with the indicated processing fees, delivery costs, the costs of a later agreed delivery, as well as any additional taxes or fees, where applicable.

14.2 The prices for VEHICLES remain free until the order is confirmed by the SELLER. Sales of VEHICLES with a delivery period of less than four months are reserved.

14.3 The prices include value-added tax. The CUSTOMER may incur additional charges for any shipments from Switzerland to other countries.

14.4 Payments shall be conducted using the payment methods offered in the ONLINE SHOP. The CUSTOMER may be charged fees for using the payment methods offered in the ONLINE SHOP.

14.5 The CUSTOMER shall pay a late interest of 5 % and, where necessary, compensation for damages for default on payment. An unsuccessful initial reminder of the CUSTOMER shall give the SELLER the right to either rescind the CONTRACT at the expense of the CUSTOMER and demand compensation for damages (positive or negative interest in the performance of the CONTRACT) or further payment of the purchase price.

14.6 The SELLER shall have the right to charge reasonable reminder fees.

14.7 The SELLER shall have the right to entrust third parties with debt collection or assign claims for collection purposes.

14.8 The SELLER is not obligated to hand over the VEHICLE to the CUSTOMER before full payment of the purchase price

15. RIGHT OF WITHDRAWAL

15.1 Section 15 applies exclusively to countries that are subject to a mandatory legal right of withdrawal for CONSUMERS.

15.2 A right of withdrawal according to section 14 only applies to goods that are not manufactured according to customer’s specifications. 

15.3 The CUSTOMER as CONSUMER shall have the right to withdraw from the CONTRACT within fourteen days from the date on which he or a third party designated by him, who is not a carrier, has taken possession of the CONTRACTUAL OBJECT (or, in the case of a CONTRACT for MULTIPLE CONTRACTUAL OBJECTS, the last CONTRACTUAL OBJECT, partial consignment or item of a unified order, or delivery of a CONTRACTUAL OBJECT in several separate shipments or items) without giving any reason.

15.4 To exercise the right of withdrawal, the CUSTOMER shall inform the SELLER (Microlino AG, Bahnhofstrasse 10, 8700 Küsnacht, Switzerland) in writing or by email regarding his decision to rescind the CONTRACT

15.5 The CUSTOMER shall return the CONTRACTUAL OBJECT promptly, and no later than fourteen days from the date the SELLER is notified about the revocation of the CONTRACT, to: Microlino AG, Bahnhofstrasse 10, 8700 Küsnacht, Switzerland. He shall mark the goods in a way that enables them to be attributed to him. VEHICLES require the CUSTOMER to contact the SELLER in advance

15.6 Compliance with the withdrawal period shall be deemed sufficient if the CUSTOMER sends the communication concerning the exercise of the right of withdrawal before the end of that withdrawal period and returns the CONTRACTUAL OBJECT within this period.

15.7 If the CUSTOMER revokes the CONTRACT and returns the CONTRACTUAL OBJECT, the SELLER shall reimburse the CUSTOMER all payments the SELLER received for that CONTRACTUAL OBJECT. Such reimbursement shall be made promptly and no later than fourteen days from the date on which the SELLER receives the notice of revocation of this CONTRACT, subject to the circumstances mentioned below. The reimbursement shall be concluded using the same payment methods the CUSTOMER used in the original transaction unless expressly agreed otherwise. The reimbursement shall not be subject to any fees. The SELLER may withhold the reimbursement until he has received the goods back, or if the CUSTOMER has provided evidence of having sent back the goods, whichever is the earliest. The CUSTOMER shall be responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than €40, or, in case of a higher price, if the CUSTOMER did not provide consideration or a partial payment agreed under the terms of the CONTRACT.

15.8 The CUSTOMER shall be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the CONTRACTUAL OBJECT.

15.9 The SELLER has the right to utilise any returns, which cannot be assigned to a CUSTOMER conclusively. Claims for damages and reimbursement of the purchase price are excluded.

16. WARRANTY

16.1 If the SELLER has delivered goods which do not conform to the CONTRACT (excluding VEHICLES), the CUSTOMER may initially only require the SELLER to remedy the fault at its discretion through repair or replacement exempt from any charges

16.2 The CUSTOMER receives a limited warranty for VEHICLES following the separate warranty policy. Statutory warranty rights may extend beyond these warranty provisions if the CUSTOMER is a CONSUMER

16.3 Guarantee and warranty claims expire two years after the handover of the delivery to the carrier according to section 9.2.

16.4 Certain circumstances allow the CUSTOMER to conclude an extended warranty for VEHICLES until the expiry of the regular warranty. The SELLER brokers this extension for a third-party vendor. Their conditions apply.

17. LIMITATION OF LIABILITY

17.1 Pending section 16, as well as other mandatory statutory provisions, the SELLER shall not be liable for a delivery that fails to conform to the CONTRACT and other breaches of CONTRACT. Accordingly, the SELLER shall only be liable for cases of intent and gross negligence. Furthermore, the SELLER shall not be liable for express assurance, or fraudulent concealment of specific characteristics of the CONTRACTUAL OBJECT

17.2 Section 17.1 shall also apply to damages caused by acts or omissions of auxiliary persons of the SELLER.

17.3 Section 17 shall not diminish the general legal liability for death, bodily injury, or product provided that the CUSTOMER is a CONSUMER.

18. USER MANUAL

18.1 The CUSTOMER shall be obliged to read the operating instructions of VEHICLES. The customer service department of the SELLER shall be contacted if any issue requires clarification.

19. PRIVACY POLICY

19.1 The privacy policy forms an integral part of this contract.

20. GENERAL PROVISIONS

20.1 The version of this GTC applicable at the date of the order applies.

20.2 This CONTRACT replaces any previous arrangements, verbal agreements, negotiations, or representations. Any provisions related to the sale that are not expressly mentioned in this contract are non-binding.

20.3 The SELLER may assign the contract to an affiliated company.

20.4 Any changes to the CONTRACT shall, in any case, be made in writing and signed by authorised representatives of the parties.

20.5 This CONTRACT is subject to Swiss law without respect to the provisions of international private law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (SR 0.221.211.1) does not apply. This provision does not apply if the CUSTOMER is a CONSUMER.

20.6 Disputes arising out of or in connection with this CONTRACT are subject to the competent court with exclusive jurisdiction at the headquarters of the SELLER. The statutory legal venue applies if the CUSTOMER is a CONSUMER.