I. General part

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1. Scope

These General Terms and Conditions (GTC) are part of the contractual relationship between Moto Klinik GmbH (hereinafter: MK) and the customer/orderer/buyer (hereinafter: customer). By placing an order, the customer accepts these conditions. They are an integral part of all offers and contracts between MK and the customer, regardless of the channels through which the offers were published or the manner in which the contracts came about (e.g. web shop, shop, workshop, written or telephone order).

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• Part I applies to all contractual relationships between MK and the customer;

• Part II of the General Terms and Conditions relates to the purchase of new and used vehicles (including vehicle exchange) and the purchase of clothing, accessories and the like;

• Part III regulates the contractual relationship between MK and the customer regarding repair or vehicle services. The currentEach version of the General Terms and Conditions is posted on the MK website and is also available in printed form at the respective branch for inspection and taking away.

 

2. Payment

Unless otherwise agreed in writing, all goods delivered and services rendered are payable immediately in cash or by debit and credit card. There is no entitlement to partial payments or a payment period. These can only be permitted by means of an express written agreement. The right to offset is excluded. The assertion of any counterclaims by the customer against MK does not release the customer from his obligation to pay.

 

3. Liability

MK is liable for bodily harm and direct damage to property caused intentionally or through gross negligence. Any further liability is – to the extent permitted by law – excluded; this applies in particular to pure financial loss, indirect damage or consequential damage such as lost profits and damage caused by the use of non-original parts, as well as any action or omission by auxiliary persons. The provisions of the relevant product liability standards remain unaffected. Given the current state of the art, data communication via the Internet cannot always be guaranteed to be error-free and/or available at all times. The MK is therefore not liable for the constant and uninterrupted availability of the online trading system or for technical or electronic errors with regard to web shops or other electronic communication, in particular not for the delayed processing or acceptance of orders.

 

4. Retention of Title

Until the price owed, including any default interest and costs, has been paid in full, MK has the right to enter a reservation of title to the vehicle and its accessories, spare parts and devices in the register of reservation of title, both for purchase and for repairs.

 

5. Privacy

When processing personal data, MK observes the provisions of Swiss data protection law. MK's data protection declaration is an integral and binding part of these GTC and can be viewed at www.moto-klinik.ch/impressum-datenschutz.

 

6. Governing Law and Jurisdiction

Swiss law applies to these contractual terms and the entire legal relationship between MK and the customer. The exclusive place of jurisdiction for all disputes in connection with deliveries and services by MK is Lenzburg, Switzerland.

 

7. Amendment of the GTC

MK reserves the right to change these GTC at any time. Changes will be made available on the website www.moto-klinik.ch and will come into effect when they are published. For contracts with the supplier, the GTC currently valid on the day the contract is concluded always apply.

 

8. Severability

Should a provision of these GTC be ineffective or the contract contain a gap, the legal validity of the remaining provisions shall remain unaffected. Instead of the ineffective provision, an effective provision shall be deemed to have been agreed which comes as close as possible to the economic intent of the parties; the same applies in the event of a gap.

 

II. Purchase

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1 offer

The offer is aimed at natural and legal persons residing or having their place of business in Switzerland or Liechtenstein. Deliveries are only made to addresses in Switzerland or Liechtenstein. MK's offers are non-binding and non-binding invitations to place orders on the part of the customer. They are subject to availability and can be changed at any time. An order placed by the customer constitutes a binding contract offer. A contract only comes into being through a written order confirmation from MK or through the handover/delivery of the goods. MK can create an individual offer if the customer expressly requests this. Such an offer also merely represents an invitation to place an order on the part of the customer. Unless otherwise agreed in writing, such an offer remains valid for 30 days. The offer is valid as long as it is visible in the (online) shop and/or stocks last. Price and assortment changes are possible at any time. The images shown in advertising, brochures, the online shop, etc. and all information about the products are for illustration purposes and are non-binding. Specifications designated as guide values only serve to give the customer an approximate impression and are never considered guaranteed properties. MK is free to refuse orders in whole or in part without giving reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.

 

2nd prize

All components of the final price are expressly mentioned in the invoice (e.g. net purchase price, VAT, delivery costs, etc.).

 

3. Delivery

Unless otherwise agreed, delivery will be made to the delivery address and contact person specified by the customer when registering as a customer or when placing the order. Delivery dates are only binding if they are expressly designated as binding in writing by MK. All other delivery dates are therefore without guarantee and can change at any time. MK chooses the shipping or delivery method at its own discretion and without guaranteeing the cheapest and/or fastest transport. If the customer requests a specific shipping method, he shall bear any additional costs compared to the cheapest possible shipping method. The customer must inform the MK before the conclusion of the contract if he wants a specific shipping method. Requests regarding the type of shipping communicated by the customer only after the conclusion of the contract can only be considered in exceptional cases; there is no right to this. The customer assumes responsibility for the delivered products, even if they were not received directly by her. The delivery costs are generally borne by the customer and are listed as an additional item in the shopping cart and on the invoice. Return costs and the re-delivery of packages that cannot be delivered due to non-compliance with the delivery conditions are fully borne by the customer.

 

4. Delivery of vehicles (new/used) and spare parts/goods

Unless otherwise agreed, MK reserves the right to refuse to hand over vehicles, spare parts or goods if the outstanding claims against the customer have not yet been settled.

 

5. Cancellation

If a customer wants to change or cancel an order, he must inform MK of this as soon as possible. MK will inform the customer whether the change/cancellation can be made and what effects it may have on the provision of services, the prices and the delivery date. The change / cancellation of orders that have already been shipped or handed over is excluded. The customer is asked to use the appropriate contact form for this if possible.

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6. Default

6.1 Customer default (buyer default)

If the customer is in default (such as non-acceptance of the vehicle, non-handover of the trade-in vehicle or non-payment of the full purchase price), MK can issue a written reminder to the customer and set a grace period of 30 days in writing. After this period of grace has expired without being used, MK can:

a)insist on the performance of the contract by the customer and demand compensation from him for non-performance; or

b)waive the customer's subsequent performance and demand compensation from the customer for non-performance, whereby MK can demand compensation from the customer in addition to the value of the service not provided, but in any case 18% of the purchase price of the vehicle; or

c)withdraw from the contract, whereby MK can demand compensation from the customer for the damage resulting from the lapse of the contract. If MK makes use of its right of withdrawal after the vehicle has been handed over to the customer, the compensation is to be calculated as follows: 18% of the purchase price for the depreciation of the vehicle as a result of the vehicle being put into circulation plus 2% of the price for each completed month from acceptance of the vehicle and 15 centimes per kilometer driven. The customer is free to prove that the damage was significantly less; Conversely, MK is also entitled to prove and claim significantly greater damage.

MK is entitled to transfer the collection of a due claim to a third party. The costs of this third-party service are borne by the customer.

 

6.2 Default by MK (default by seller)

If MK is in default, the customer can only assert the legal consequences of default after he has issued a written reminder to MK, has given MK a grace period of 30 days and this grace period has expired without being used. The assertion of claims for damages for which MK is not to blame (in particular damages as a result of delivery delays by the manufacturer or importer, strikes, etc.) by the customer is excluded in any case.

 

7. Risk of Loss

MK bears the risk of loss, destruction and depreciation of the vehicle until it is handed over. However, if the customer is late in accepting the vehicle, MK has given him a grace period in writing and if this has expired without being used, the risk passes to the customer. The customer bears the risk of loss, destruction and depreciation of the trade-in vehicle until it is handed over. However, if MK is late in accepting the trade-in vehicle, the customer has given it a grace period of 30 days in writing and if this has expired without being used, the risk passes to MK.

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8. Returns

The return of defect-free products is generally possible. Such products must be returned in new condition, unassembled and in the original packaging intact within 14 days of the delivery date. For delayed returns, a processing fee of up to 20% of the price charged will be charged and deducted from the credit. In any case, the return of products that have been ordered, manufactured, processed or installed individually for the customer, of all electronic components, is excluded, regardless of whether they have been individually ordered, manufactured, processed or installed or not.

 

9. Notification of Defects

The customer is obliged to inspect the received goods immediately for completeness and defects and to immediately assert any discernible deviations and defects in writing. A wrong delivery is also considered a defect in this sense. If a complaint is not made within 7 days of receipt by the customer, the products are deemed to be free of defects in all functions and the service is deemed to have been approved. Should defects come to light at a later point in time, which were not previously recognizable after careful inspection, a written notice of defects must be sent to MK within 48 hours of their discovery. Otherwise, the product or work is also considered approved with regard to these defects. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the material defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. If a defect is found, the customer has the option of returning the product to MK or handing it in to an MK branch and then picking it up again at the place of return. Returns are made at the expense and risk of the customer. If the notice of defects turns out to be justified, MK will bear any return costs.

 

10. Warranty

10.1 Services of MK

The customer can assert the manufacturer's guarantee in accordance with the guarantee provisions given to him. MK provides a material guarantee within the framework and scope of the manufacturer's guarantee. If the customer claims the manufacturer's guarantee from MK, the following provisions apply:

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a) rectification

Instead of other material warranty claims, the customer has a claim against MK for the elimination of errors (remedial work) in accordance with the following provisions:

1. This claim extends to the repair or replacement of the defective parts and to the elimination of further damage to the vehicle, insofar as this was directly caused by the defective parts. Parts replaced during the repair belong to the MK.

2. The customer must report errors to MK immediately after they are identified, or have MK identify them. Upon request, he must hand the vehicle over to MK for repairs. MK is entitled to have the repairs carried out by a third party.

3. Subsequent improvement does not extend the warranty period.

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b) Reduction or rescission

If a significant error cannot be remedied despite repeated rectification, MK is entitled to either reduce the purchase price or cancel the contract. If the contract is canceled, the kilometers driven must be compensated. Any refunds will be made using the same payment method that the customer used for the original transaction.

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c) replacement delivery

MK has the choice of delivering a vehicle that conforms to the contract within a reasonable period of time instead of rectifying the defect. The customer is under no circumstances entitled to a replacement delivery.

 

10.2 Used Vehicles

MK grants different warranty obligations for used vehicles, these are regulated in the sales contract. Normal wear and tear, defects known to the customer or recognizable during the inspection/test drive do not constitute defects under the guarantee. However, specific written assurances from MK are binding.

 

10.3 Disclaimer of Warranty

Any warranty obligation does not apply if the vehicle has been improperly treated, maintained or cared for, overused, has been modified or converted without authorization or if the operating instructions have not been followed. Natural wear and tear is excluded from the warranty in any case. The technical data of products that come from third-party manufacturers or licensors are communicated to MK by the manufacturers of these products. For this reason, MK cannot guarantee that this data is correct, complete or up-to-date, or that a product is suitable for the purpose intended by the customer. It is up to the customer to check this suitability.

 

11. Trade-In Vehicle

If the customer uses a trade-in vehicle, MK is obliged to hand over the vehicle to the buyer; In return, the customer is obliged to hand over the trade-in vehicle to MK and to pay the purchase price, whereby the trade-in vehicle handed over is offset against the purchase price with the amount of the trade-in price. After consultation with the customer, MK determines the place and time as well as the manner in which the vehicle and the trade-in vehicle are handed over and the purchase price is paid. It is not obliged to hand over the vehicle to the customer before the trade-in vehicle has been handed over and the purchase price has been paid in full. The customer declares that there are no claims or retention of title by third parties on the exchanged vehicle.

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III. repair

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1. Placing of orders

The customer has to repair the defects resp. to describe the services to be performed on the vehicle as precisely as possible for the attention of the responsible employee of the company and to agree on the desired completion date. The services to be provided, such as the agreed date, are recorded in the workshop order and acknowledged by the customer. If necessary, the vehicle provided by the customer will also be updated to the current software version without an explicit order from the same. As far as technically possible, vehicle data is temporarily saved in encrypted form in this context. Irrespective of this, MK assumes and recommends that the customer back up data and individual settings in the vehicle in accordance with the operating instructions in order to avoid any loss of data. Consequently, MK is not responsible for such a loss of data. MK is authorized to place subcontracts with third-party companies and to carry out test drives and practice drives with the vehicle provided by the customer. MK is not liable for damage to the windscreen that could occur during test drives (such as stone chips) and will be repaired after consultation with the customer through his insurance company or at his expense.

 

2. Price information / cost estimate

At the request of the customer, MK will note in the workshop order the prices and rates plus VAT that are expected to be used when carrying out the work commissioned. If the customer desires a binding quotation, a written cost estimate is required; in this, the work and spare parts are listed and provided with the respective price. MK is bound to this cost estimate for ten days after delivery and may not exceed it by more than 10% without the prior consent of the customer. As far as in the context of the statements of service resp. Repair work shows that additional work resp. If services on the part of MK are required and exceed 10% of the total order in terms of costs, MK will obtain the customer's consent for this work in advance by telephone. The latter must ensure that the MK has a telephone number on which the customer can be reached during normal business hours. If MK cannot reach the customer even after three attempts (at intervals of at least 15 minutes), MK will only carry out this work if it is necessary with regard to the road safety of the vehicle. If the additional work does not exceed 10% of the total order in terms of cost, MK may assume the customer's consent and does not have to obtain the customer's prior consent. MK is entitled to charge the customer for the preparation of the cost estimate. If an order is placed on the basis of a cost estimate, any costs for preparing the cost estimate will be offset against the order invoice. Otherwise, the prices and rates charged by MK according to the separate price list apply; if such a list does not exist, the customary local prices and rates apply.

 

3. Billing

In the invoice for the customer, prices or price factors for each technically self-contained work as well as for the spare parts and materials used are shown separately. If the order is carried out on the basis of a cost estimate, a reference to the cost estimate is sufficient, whereby only additional work is specifically listed. In the event of partial or complete non-payment of the invoice by an insurance company or failure to provide a guarantee or goodwill promise from a supplier/importer, regardless of the reason, to pay the amount owed in full and at first request to MK. Any correction of the invoice must be requested by the customer no later than two weeks after receipt of the invoice, otherwise MK may assume that the same is correct.

 

4. Delivery and acceptance of the vehicle

The customer is obliged to return the vehicle within three working days from receipt of the notification of completion or handing over resp. to receive the invoice. In the case of repair work that is carried out within one working day, this collection period is reduced to two working days. If the customer wishes his vehicle to be picked up or delivered, this is done at his own expense and risk. The acceptance of the vehicle by the customer takes place at MK, unless otherwise agreed. Use and risk of the vehicle are transferred to the customer when it is made available for collection (especially with regard to theft and damage by third parties). If the customer does not collect the vehicle by the agreed time, but at the latest by the close of business on the agreed collection day, MK is entitled to park the vehicle outside the respective establishment at the risk and responsibility of the customer. In the event of a delay in acceptance, MK can charge a customary local storage fee for each day of storage without prior warning to the customer, provided that the vehicle remains on the premises of the respective branch.

 

5. Notification of Defects

The customer must check the vehicle, spare parts and accessories immediately after acceptance with regard to any defects. The customer must notify MK in writing of claims due to material defects within seven working days of taking delivery of the vehicle at the latest, and in the case of hidden defects within 48 hours of the defect in question first occurring. If the customer fails to make a complaint in due time, MK's work is deemed to have been approved and any rights relating to defects are forfeited. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the material defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. If the customer accepts the object of the order despite being aware of a defect, he is only entitled to claims for defects in this regard if the customer expressly reserves the right to do so at the time of acceptance.

 

6. Warranty for repairs and services

Customer claims due to defective repairs or services expire 2 years after acceptance of the vehicle. Insofar as there is a material defect that has been notified in a timely manner and which is attributable to the work or performance of MK, the customer is only entitled to free rectification. The statutory defect rights are waived. If the repair fails three times, the customer can withdraw from the contract. In this case, the customer is not entitled to any additional claims for damages due to the defect. Replaced spare parts become the property of MK. Insofar as the customer has any repair work carried out by a third party, the warranty claim lapses in full. The following applies to spare parts and accessories used as part of a repair:

• If the spare parts and accessories have an ongoing manufacturer's guarantee, this applies exclusively. If there is no manufacturer's guarantee, the customer's warranty claims for spare parts and accessories expire 2 years after delivery.

• If a defect reported in due time occurs within the guarantee period / warranty period, the customer is only entitled to have the goods exchanged free of charge. If it is not possible to exchange the goods free of charge, the customer is entitled to a refund of the net purchase price against the return of the defective goods.

 

7. Liability

Liability for the loss of money or valuables of any kind in the vehicle that are not expressly taken into custody by MK is excluded. The customer must therefore ensure that there are no such valuables in the vehicle provided. If the customer provides MK with spare parts or consumables with the instruction to use them as part of service or repair work, this is done exclusively at the risk and peril of the customer. If the vehicle provided to MK is not roadworthy and the customer intends to put it back into operation without restoring its roadworthiness, MK is entitled to refuse to hand over the vehicle and/or to send a corresponding (prior) report to the responsible MFK close. Insofar as MK hands over the roadworthy vehicle to the customer at the request of the customer despite notification of the lack of roadworthiness, the handover takes place to the exclusion of liability to the extent permitted by law and thus at the customer's own risk and risk. The customer acknowledges that individual changes made to the vehicle on his behalf, which in particular serve the purpose of improving performance or driving characteristics (such as boring the cylinders to increase displacement, installing compressors and turbochargers for charging, nitrous oxide injection or the installation of engines with a larger displacement) or to change the appearance of the vehicle, affect the warranty claim or can lead to its loss. Likewise, a tuning can affect the quality of the vehicle or. lead to damage to the vehicle and in particular to the engine due to the increase in performance. To the extent permitted by law, any liability for damage and warranty impairments that can be attributed to the desired tuning work is therefore completely excluded. Furthermore, the general liability conditions in Part I apply.

 

Status 05/13/2023