Swisstechauto.ch – General Sales Conditions ( GSC )

preamble

These general conditions of sale apply to all sales concluded on the website as well as to the assembly workshops of SwissTech Auto Sàrl.

The website swisstechauto.ch is a service of the company SwissTech Auto Sàrl, located Route de la Fonderie 2, 1700 Fribourg.

• Website URL: swisstechauto.ch
• contact email: info@swisstechauto.ch
• Phone number: 077 453 66 85
• VAT number: CHE-229.641.468 VAT
• Office of the Commercial Register: Office of the Commercial Register of the Canton of Fribourg

The SwissTech Auto Sàrl website sells the following products: car parts, spare parts and accessories for vehicles.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore constitutes acceptance of the general conditions of sale.

Article 1 – Scope and purpose of the contract

1.1. These General Terms and Conditions of Sale (“GTCS”) are applicable to the registration with creation of an account and to the purchase of products by the customer (“the buyer”) via the online store of the company SwissTech Auto Sàrl (“the seller”).

1.2. These general terms and conditions of sale alone govern the contractual relationship between the seller and the buyer (“the parties”).

1.3. These general conditions of sale are available at any time on the website of SwissTech Auto Sàrl and will prevail, if necessary, over any other version or other contradictory document.

1.4. If a condition of sale mentioned in these General Terms and Conditions were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in Switzerland.

Article 2 – Pre-contractual Information

2.1. The buyer acknowledges having communicated, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, these general conditions of sale and all the information specified by Swiss law.

2.2. The following information shall be clearly and comprehensibly communicated to the buyer:

• The essential characteristics of the property
• The price of the property and/or the method of calculating the price
• If applicable, any additional shipping, delivery or postage charges and any other charges that may be due
• In the absence of immediate performance of the contract, the date or time at which the seller undertakes to deliver the goods, regardless of its price

Information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, features of digital content and, where applicable, to the existence and implementation of guarantees and other contractual conditions.

Article 3 – Order

3.1. The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there, for any products, within the limit of available stocks.

3.2. The buyer will be informed of any unavailability of the ordered product.

3.3. For the order to be validated, the buyer will have to accept these general conditions of sale, choose the address and the mode of delivery and validate the method of payment. The sale will be considered final after sending the order confirmation to the buyer by the seller by email and after receipt of payment by the seller.

3.4. Any order constitutes acceptance of these general conditions of sale, the price and the description of the products available for sale. Any dispute on this point will occur as part of a possible exchange and guarantees mentioned below.

3.5. In certain cases, in particular in case of payment default, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

Article 4 – Product Information

4.1. The products governed by these general conditions of sale are those that appear on the website of the seller and that are indicated as sold and shipped by the seller. They are offered for sale within the limit of available stocks.

4.2. The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

4.3. Photographs of the products on swisstechauto.ch are not contractual.

Article 5 – Prices

5.1. The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability of the product on that date.

5.2. Prices are in Swiss Francs (CHF). They do not take into account the delivery costs, invoiced in addition and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable rate will automatically be reflected in the price of the products of the online store.

5.3. The price indicated in the order confirmation is the final price, expressed all taxes included and including VAT for Switzerland. This price includes the price of the products, handling, packaging and storage costs, transport, insurance and commissioning.

Article 6 – Methods of payment

6.1. Any order placed on swisstechauto.ch is associated with a payment obligation, which means that the placing of the order implies a payment from the buyer.

6.2. To pay the order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the swisstechauto.ch website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order.

6.3. Regardless of the method of payment used, the buyer understands and accepts that his payment may pass through a financial intermediary subject to legal obligations.

6.4. The seller reserves the right to suspend all order management and delivery in case of refusal of authorization of payment by credit card from officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer with whom a payment dispute is being administered.

6.5. In case of reminder for default or late payment, an administrative fee may be charged to the buyer before the opening of a recovery procedure.

Article 7 – Product Availability and Refund

7.1. All lead times announced on the swisstechauto.ch website are in working days (excluding Saturdays, Sundays and public holidays).

7.2. Each product sheet indicates the state of availability of the said product through a precise mention:

• “In stock”, if the product is in stock with the supplier at the time of the order.
• “Pre-order”, if the product in question does not have a known availability date.
• “Rupture”, if the product is temporarily or permanently unavailable from our suppliers.
• An availability period indicated by the supplier and/or manufacturer may also be indicated on the product sheet. SwissTech Auto Sàrl is not responsible for errors or delays in delivery depending on the supplier.

7.3. The “in stock” indications and availability times indicated may vary between the date of the order and, depending on the case, the date of validation of payment by credit card or the date of receipt of the bank transfer or cheque. Availability times are also subject to change at the initiative of the supplier and/or manufacturer. In such cases, the availability periods will be those in force at the time of validation of the payment

7.4. In the event of permanent unavailability of the ordered products, SwissTech Auto Sàrl undertakes to offer the customer replacement items or to refund the missing items, without delay and at the latest within 30 days.

7.5. In case of temporary unavailability of the ordered products, the seller informs the buyer of the date on which the product will be available again. The customer then has the option of maintaining the order within the new timeframe, or cancelling it. In the latter case, SwissTech Auto Sàrl undertakes to reimburse the missing items without delay and within 30 days at the latest.

Article 8 – Terms of Delivery

8.1. Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered on swisstechauto.ch are delivered in Switzerland according to the modalities specified before the payment stage of the order and in the general conditions of sale.

8.2. A charge of CHF 15 is levied for packing, preparation and delivery of orders under 150 francs. For purchases of a higher value, excluding special items, we offer free shipping.

8.3. Orders are delivered by independent service providers of SwissTech Auto Sàrl and within the deadlines announced by these service providers. Delivery times are usually 48-72h after payment for packages under 30kg, and more than 72h for packages over 30kg. These deadlines may vary regardless of the will of the seller.

8.4. If at the time of delivery the original packaging is damaged, torn or opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation accompanied by a signature on the delivery note (package refused because open or damaged). If the products need to be returned to the seller, they must be returned to the seller within 7 days of delivery. The verification of the items is considered to be carried out once the buyer, or a person authorized by him, has signed the delivery note.

8.5. The buyer must submit to the seller no later than the first working day after delivery, any complaint of delivery error and/ or non-compliance of the products with the indications on the order form. The complaint can be made, at the buyer’s choice, by phone at 077 453 66 85 or by e-mail at info@swisstechauto.ch.

8.6. SwissTech Auto Sàrl will, in any event, be released from its obligation to deliver in the event of the occurrence of a case of force majeure referred to in provision 11.3. or in the event of non-performance by the buyer of one of his obligations (payment of the price, accuracy of the information provided, etc.).

Article 9 – Product Warranty

9.1. The buyer must inspect the products within two days of receipt and must immediately notify the seller of any defect or damage to the products. In the absence of notice from the buyer within the aforementioned period, the products are considered received in good condition, without defects or damage, and accepted as is, with the exception of non-obvious defects.

9.2. In the event of a defect not apparent on the product, the buyer must immediately inform the seller of this defect. The buyer will lose his rights in case of late notice.

9.3. All products sold by SwissTech Auto Sàrl are guaranteed for 2 years, subject to the obligations set out in clauses 9.1 and 9.2. The guarantee takes effect on the date of delivery of the item and is justified by the invoice that accompanies the product.

9.4. The warranty granted to products sold on swisstechauto.ch does not cover defects resulting from accident, improper handling, improper use or unauthorized modification or repair and defects that are the result of normal wear over time of the products.

9.5. In order to claim a warranty, the buyer must send to SwissTech Auto Sàrl, at his own expense, the goods under warranty that are defective. The seller undertakes to make its best efforts to process the warranty claim within a reasonable time.

9.6. If the seller finds a warranty case, it may, in its sole discretion, replace the product and/or defective parts (ses) by another product deemed equivalent, respectively by spare parts or repair. If there is no equivalent product or spare parts or if it is not possible to repair the product, the seller may, in his discretion, compensate the buyer for the loss ofvalue of the item caused by the default or refund the purchase price in full.

Article 10 – Right of withdrawal

10.1. There is no right of return or cancellation by the purchaser. Goods delivered correctly, checked and accepted by the buyer upon delivery or receipt, cannot be returned.

10.2. However, SwissTech Auto Sàrl reserves the right to accept or refuse the return of goods ordered by the purchaser. A compensation of at least CHF 10.00 will be requested for the processing of the return, shipping costs may be requested and restocking costs of at least 15% of the value of the goods will be invoiced to the buyer.

10.3. Failure to comply with one or more of the provisions of these terms and conditions of sale will invalidate the product warranty and exclude any possibility of return, refund or compensation, and will release SwissTech Auto Sàrl from all liability.

10.4. Any item that has been assembled, shows traces of dirt, is no longer in new condition or whose original packaging has been damaged cannot be taken back or exchanged.

Article 11 – Force majeure

11.1. Any circumstances beyond the control of the parties preventing the performance under the normal conditions of their obligations are considered as causes of exoneration of the obligations of the parties and result in their suspension.

11.2. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.

11.3. Shall be considered as force majeure all facts or circumstances irresistible, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as force majeure or fortuitous cases: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

11.4. The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will continue.

Article 12 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.

Article 13 – Modification of the general conditions of sale

SwissTech Auto Sàrl reserves the right to unilaterally modify its general conditions of sale at any time. Nevertheless, the Contract will be governed by the general conditions of sale in force at the time of its conclusion.

Article 14 – Applicable law and competent courts

14.1. The contract as regulated by these General Terms and Conditions of Sale, the General Terms and Conditions of Sale and all call-ups are governed by Swiss law.

14.2. The legal invalidity of one or more provisions of these general conditions of sale does not affect the validity of the other provisions.

14.3. Subject to the other requirements of contracts concluded with consumers, any disputes, disputes or claims arising out of the contract and these general conditions of sale or relating thereto shall be settled by the competent courts in Fribourg.

Article 15 – Protection of personal data

15.1. When placing orders, the personal data of a buyer is collected and processed electronically.

15.2. SwissTech Auto Sàrl ensures that the personal data of its customers is processed in accordance with the legislation in force. The data recorded by SwissTech Auto Sàrl is used in particular to record and process orders, administer personal customer accounts, carry out marketing studies and compile statistics. The purpose of data processing is improvement, quality control of services and market research.

15.3. The buyer authorizes and gives his consent to SwissTech Auto Sàrl, so that it can in particular:

• obtain or forward its recorded data to third parties insofar as this is essential for the performance of a certain service (e.g. administration and management of personal accounts, monitoring of payments, recourse to a financial intermediary, etc.)
• communicate to a third party all its data necessary for a debt recovery(s).

15.4. The buyer may, at any time, limit or prohibit the use or communication of his data for marketing and advertising purposes.