Terms and Conditions (GTC)
1. General
These general terms and conditions apply to all contracts of WHEEL-MOBIL and its website www.wheel-mobil.ch. Changes or deviations from this are to be agreed in the main contract. General conditions of the customer are only valid if they have been accepted in writing by WHEEL-MOBIL.
2. Documents, contract conclusion / termination and vouchers
Brochures, flyers and vouchers are not binding. Appointments in any form, however, are binding and will be invoiced by Wheel-Mobil for a fee even if the customer does not comply.
An appointment is deemed not to have been met if the customer does not appear on the agreed date, the Wheel-Mobil service cannot be carried out for the customer's reasons or the customer has not canceled at least 24 hours in advance.
If you are unable to attend or if you cancels an appointment, this must be reported to us in a telephone conversation at least 24 hours in advance.
All documents remain the property of WHEEL-MOBIL or the manufacturer. In particular, they may not be copied or reproduced, made available to third parties without the written consent of WHEEL-MOBIL or used to produce the relevant offers yourself. Vouchers can neither be accumulated nor paid out and are valid for up to 14 months from the date of submission. Contracts that contain multiple services are agreed in writing between the parties. Contracts that contain one-off services can be in writing or in any verbal form.
The minimum term of contracts with multiple services is 12 months. After the end of the minimum term, the contract is automatically extended if it is not terminated in writing at least 30 days in advance. A contract can be terminated in writing before the end of the minimum contract period to the end of the third following month if a change of owner of the vehicle mentioned in the contract has taken place within the contract period. The resulting residual value of the offer is calculated and made available as a voucher. The contract must be terminated in writing and begins on the date of the postmark or when the confirmation of termination is sent from WHEEL-MOBIL.
If WHEEL-MOBIL prematurely terminates a service for one of the reasons stated in Section 6, the customer owes WHEEL-MOBIL the damage caused by the expiry of the contract, if any services have already been provided by WHEEL-MOBIL. We reserve the right to deviate from regulations.
3. Prices
The prices are, if not explicitly mentioned, without VAT as we are currently exempt from the VAT obligation and are in freely available Swiss francs. All ancillary costs, such as transport, packaging, insurance, permits and notarizations, taxes and duties organized by the customer, are to be borne by the customer. If WHEEL-MOBIL incurs additional costs due to behavior contrary to the contract or other abusive behavior by the customer, WHEEL-MOBIL expressly reserves the right to claim compensation for this. This applies in particular to general attempts at fraud as well as return journeys which were used by the customer without any services provided by WHEEL-MOBIL, even if the return journey is offered by WHEEL-MOBIL in its services. WHEEL-MOBIL reserves the right to charge a fee of at least CHF 80 .- which does not exceed the maximum value of the requested service offer.
If a service is concluded between the customer and WHEEL-MOBIL in which a wheel / or tire change from and including the tire size and / or rim size of 20 inches is offered, WHEEL-MOBIL reserves the right to charge a flat-rate surcharge of CHF 25 .- to be charged.
4. Delivery deadline, delay in delivery and transfer of risk
The delivery period generally begins with the conclusion of the contract, but at the earliest after receipt of all information and documents to be obtained from the customer as well as any down payments to be made. The delivery period is deemed to have been met when the customer is informed that the item is ready for collection. If the offered objects are not picked up on time after notification of readiness for collection through no fault of WHEEL-MOBIL, they will be stored at WHEEL-MOBIL or a third party at the expense and risk of the customer. If the delivery deadline is not met, WHEEL-MOBIL can help out the customer with a replacement delivery without compensation for delay.
If a replacement delivery is not possible, the delay can be proven to have been caused by WHEEL-MOBIL and the customer can prove damage as a result of the delay, compensation for the delay will be calculated on a maximum of 0.5% for each full week of the delay, but not more than 5% in total the contract price of the delayed part of the delivery. The first two weeks of delay do not entitle you to compensation for delay.
5. Checking and acceptance after the purchase
When purchasing the objects on offer, the customer must check within 7 days and immediately notify WHEEL-MOBIL of any defects in writing. If he fails to do this or if the customer uses the contractual objects, the offered objects are deemed to have been accepted.
6. Terms of payment or default of payment by the customer
If the customer does not pay due claims as agreed, he is immediately in default. In this case, WHEEL-MOBIL can charge the customer default interest of 5% from the due date without prior warning. WHEEL-MOBIL expressly reserves the right to withdraw from the contract in the event of default in payment and to reclaim the offered objects from the customer. If WHEEL-MOBIL withdraws from the contract in accordance with the points mentioned above, the customer is obliged to return the offered objects immediately, which he was unable to settle.
7. Retention of Title
The offer objects, even if they have already been picked up, remain the property of WHEEL-MOBIL until the agreed price with all additional costs and interest has been paid. Up to this point in time, they may not be pledged, sold or rented out without the prior consent of WHEEL-MOBIL; however, liability remains with the customer. WHEEL-MOBIL is authorized to have the retention of title entered in the retention of title register at the customer's place of residence.
8. Warranty
WHEEL-MOBIL guarantees the customer that the product sold by him is free of material, processing and construction defects at the time of delivery and during the warranty period (as defined below) and that it complies with all Swiss laws and regulations applicable at the time the contract is concluded.
If WHEEL-MOBIL services, among other things, also disinfect the interior of the customer's vehicle despite explanations of any kind on a risk of property damage (s) with the customer's consent in any form, the customer is liable for the resulting damage and consequential damage and can WHEEL- Do not hold MOBIL accountable.
The period of liability for defects is 24 months for new goods and 12 months for used goods, starting with the acceptance of the contractual object. The warranty period ends, however, no later than 18 months after WHEEL-MOBIL reports that it is ready for collection or delivery. If the offer objects change hands before the deadline has expired, the warranty ends at the time of transfer of ownership. The customer must inform WHEEL-MOBIL in writing of the defect within 7 days of becoming aware of it. If a defect occurs, the customer is initially only entitled to subsequent improvement by WHEEL-MOBIL. The customer must give WHEEL-MOBIL sufficient opportunity to do so. If the improvement is not successful or is only partially successful, the customer is entitled to the compensation agreed for this case or, if such an agreement has not been made, to an appropriate price reduction. If the defect is so serious that it cannot be remedied within a reasonable period of grace, and if the offer object cannot be used for the agreed purpose or can only be used to a significantly reduced extent, the customer is entitled to refuse acceptance of the defective part of the offer object. In such a case, WHEEL-MOBIL is only obliged to reimburse the price paid for the part of the contractual object affected by the withdrawal.
If the customer takes repairs himself or has repairs carried out by third parties or does not procure spare parts for such from WHEEL-MOBIL, he does this at his own expense and risk. In this case, WHEEL-MOBIL's warranty ends immediately.
In particular, WHEEL-MOBIL is not liable for used objects or parts thereof; for material and data not supplied by him; for assembly work, disassembly work and data processing not carried out by him; for objects to which changes have been made without your consent; for damage of any kind that can be traced back to normal wear and tear, incorrect or violent handling, excessive use, unsuitable operation and maintenance, inadequate or missing controls, freezing, use of unsuitable materials and lubricants, accidents or force majeure and the like; for merchandise, material or data from sub-suppliers, such as electrical equipment, tires, geometric data, etc. (here WHEEL-MOBIL is only liable within the scope of the warranty obligations of the manufacturer in question); for any other claims beyond the warranty obligation described. For deliveries and services from subcontractors that are prescribed by the customer, WHEEL-MOBIL assumes the warranty exclusively within the scope of the warranty obligations of the subcontractor concerned.
The customer's warranty claims are expressly and conclusively regulated in this Section 8. Other and further claims are hereby expressly excluded.
9. Improper performance of the contract
In all cases of improper performance of the contract that are not expressly regulated in these terms and conditions, the customer must first set WHEEL-MOBIL a reasonable grace period.
10. Liability and data protection
WHEEL-MOBIL is only liable for direct damage caused directly by it, with the exception of the services mentioned in Section 7. Liability for pure pecuniary damage, indirect and indirect damage as well as consequential damage, including lost sales or profit, loss of use, costs of capital or costs for the purchase of substitute products or services, is excluded to the extent permitted by law. WHEEL-MOBIL also assumes no liability for any claims arising from impairment (e.g. changing, deleting or rendering useless) of software or other data that can be processed by computers. Neither party is liable to the other party for failure to perform or delay in its obligations under this contract in the event of force majeure. If an interruption is caused by force majeure, the contract term or the corresponding contractual deadlines are extended by the period corresponding to the period of the interruption. WHEEL-MOBIL's liability from or in connection with the contract or its improper performance is limited to a maximum of the contract value.
This limitation of liability does not apply to direct damage caused by gross negligence or intent.
11. Right of Recourse
If persons are injured or property of third parties is damaged through actions or omissions of the customer or his assistants and WHEEL-MOBIL is called upon for this, WHEEL-MOBIL has a right of recourse against the customer.
12. Changes
WHEEL-MOBIL reserves the right to adapt the terms and conditions at any time. WHEEL-MOBIL informs customers in advance about changes to the terms and conditions in a suitable manner. If the changes are disadvantageous for the customer, he can prematurely terminate the contract with WHEEL-MOBIL without financial consequences until the change comes into effect at this point in time. If he fails to do this, he accepts the changes.
13. Severability Clause
Should any provision of this contract or an annex to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.
14. Applicable law and place of jurisdiction
All disputes arising in connection with or from the contract are subject to the substantive law of Switzerland. The place of jurisdiction is the headquarters of WHEEL-MOBIL.
Muttenz, May 2021