GTCs

Scope of application

The General Terms and Conditions (hereinafter referred to as "GTC") are applicable to orders and contracts placed via the webshop www.emvagusta.ch of Leuthe GmbH located in Thayngen (CHE-461.794.207) (hereinafter referred to as "EMV Agusta" or "Webshop").EMV Agusta reserves the right to amend the GTC at any time.the version of the GTC valid at the time of the order is authoritative in each case, which cannot be amended unilaterally for this order.

Offer

The offer is intended for customers resident in Switzerland (referred to here as "customer(s)" or "you", "you", "your"). Consignments will only be delivered to Swiss addresses. The offer is available as long as it is visible in the webshop and/or as long as the stock lasts. Price and selection may be changed at any time. The images shown in advertisements, brochures, the webshop, etc. are for illustrative purposes only and are therefore non-binding.

Ordering

The presentation of the products in the webshop does not constitute a legally binding offer, but serves as a non-binding digital catalogue or a non-binding invitation to you to purchase the product and/or service from EMV Agusta. An order is considered a proposal to EMV Agusta to enter into a contract. Once you have submitted an order, you will receive a confirmation e-mail confirming that your order has been received by EMV Agusta. After receiving this confirmation, changes to the order can only be made within 24 hours. Before dispatch, the order can be cancelled free of charge within 24 hours. After 24 hours, changes can no longer be made and you are bound by them. For logistical reasons, it is no longer possible to cancel an order after it has been confirmed. However, the goods can be returned as described in the section on the right of return.

EMV Agusta reserves the right to reject orders in whole or in part without giving reasons. Should this be the case, you will be notified and any payments already made will be refunded. Any further claims are excluded. Products that are currently unavailable cannot be reserved.

Conclusion of contract

A contract only becomes effective once the ordered products have been dispatched or the delivery date has been set. Your product order will not be processed until (1) you have successfully passed a credit check and received financial approval from our financial partner bob Finance, branch of Valora Schweiz AG [LINK] (hereinafter "Financial Partner"); (2) you have concluded a "Financing Agreement" from our Financial Partner (by handwritten or digital signature) between you and EMV Agusta; and (3) EMV Agusta has sent you the concluded Financing Agreement in PDF format by confirmation e-mail. (4) After we have received the payment, especially if the order was paid in advance.

Price

The prices are shown in Swiss francs, including value added tax (VAT) and, if applicable, including advance recycling fee ("ARF"). The price at the time of order creation in the webshop is decisive.

Discounts

Discount vouchers can only be used for contract periods of 36 to 48 months. They cannot be used on e-bikes that have already been discounted. A combination with other discounts is not possible.

Payment/financing

Payments must be made in Swiss francs.

EMV Agusta allows payment by instalments through our financial partner. EMV Agusta reserves the right to make this payment option dependent on a successful credit check and other criteria determined at its own discretion (e.g. minimum age, residence in Switzerland). You recognise that a credit assessment is required before the contract is concluded. For this purpose, personal data will be collected and forwarded to the financial partner responsible for the credit assessment. Further details can be found in our privacy policy [LINK]. On the website of our financial partner, only their data protection guidelines apply.

In the case of financing, EMV Agusta transfers the claim for the purchase price to the associated financial partner. Payment handling is carried out by one of our financial partners and the invoice is sent to the e-mail address you provided when placing the order. The amount shown on the invoice must be paid directly to our associated financial partner within 20 days of the invoice being issued. Default interest and fees may be charged in the event of late payment. The general terms and conditions of the respective financial partner [LINK] apply. By submitting the order, the customer agrees to this transfer of receivables.

Delivery

The delivery address must be within Switzerland.

Home delivery usually includes the transport of the items to your building's main entrance door.

Shipping is free of charge.

If products are delivered with clearly recognisable damage to the packaging or to the product itself, you should immediately complain about this to the delivery service (e.g. transport company, post office) and refuse acceptance - without affecting your warranty rights. It is necessary for you to obtain confirmation of the damage from the delivery service (e.g. transport company, post office). Any transport damage must also be reported immediately to EMV Agusta at info@emvagusta.ch.

If you do not receive the ordered items on the agreed delivery date, EMV Agusta may charge you for the resulting delivery charges and additional expenses and reserves the right to withdraw from the contract.

Delivery date

The delivery times stated on EMV Agusta are not binding and start from the time the order is placed.

Once your order has been confirmed, you will be informed of an estimated delivery date.

If a (partial) delivery is not possible, the order in question will be cancelled. You will be notified and any payments already made will be refunded.

Additional claims due to delivery delays or (partial) non-delivery are not permitted.

Cancellation of the financing contract

EMV Agusta reserves the right to cancel the contract concluded between you and EMV Agusta at any time in the event of a negative entry with the Central Office for Credit Information (ZEK).

You have the right to cancel the financing contract of our banking partner in writing within 7 calendar days without additional costs, but at the latest within 90 calendar days (taking costs into account) ("cancellation period"). This cancellation period starts as soon as the financing agreement has been signed by both parties - you and EMV Agusta. The deadline is met if you send your cancellation request by registered letter on the last day of the specified cancellation period.

If you withdraw from the financing contract after the first 7 days, a fee of CHF 250 will be charged. If you cancel between the 30th and 60th day after signing the contract, the fee is CHF 250 plus 5% of the product purchase price. If you cancel between the 60th and 90th day after signing the contract, a fee of CHF 250 plus 10% of the product purchase price will be charged.

The product will be returned in accordance with point 10 of these GTC. EMV Agusta will invoice any signs of use in advance. The financing contract with the associated financial partner is only cancelled with legal validity after this invoice has been settled.

Cancellation of the financing contract requires either full payment of the purchase price or prompt return of the products to EMV Agusta. The return costs are borne by you in either case.

Right of return

The product can be returned within 7 calendar days after conclusion of the contract.

If you have already received the product, it is important to return it in its original packaging, undamaged, clean and complete (including any accessories supplied).

To register a return, please inform EMV Agusta in writing at sales@emvagusta.ch so that a collection can be coordinated by EMV Agusta.

A flat rate of CHF 250 will be charged for the return shipment. You will be responsible for the return costs incurred (approx. CHF 100).

It is possible to return orders to our flagship store in Schaffhausen ("EMV Agusta drop-off point"). There are no additional costs for you if you return an order via our flagship store.

If you return the product in its original packaging, undamaged, clean and complete, including accessories and proof of purchase, we will refund the amount you have already paid, less a flat-rate handling fee of CHF 250 and any services already provided. In the case of used products (especially if the product has been used for more than 3 km), an individual assessment will be made. A possible refund will then be calculated taking into account signs of wear or use. An exchange is excluded. Any shipping costs will not be refunded.

The following table shows the costs for wear and tear on your EMV Agusta E-Bike. The costs for 1 & 2 will be charged in total:

EMV Agusta exchange policy

Within 7 days of receipt of the product, we offer you our EMV Agusta exchange right ("EMV Agusta exchange right"). If the product does not suit you in terms of size, colour, design, etc., EMV Agusta allows you to exchange it within this period for any other similar product in stock at EMV Agusta - whether at the same or a higher price - provided that you have not ridden more than 3 km (on dry roads) with it. If the selected model has a higher price than the one originally paid for, or you have ridden the product more than the specified 3km, the difference in price must be paid in advance before EMV Agusta sends the selected product. Our EMV Agusta exchange right is available to you once for the product purchased for the first time within the specified period.

Warranty

Every product purchased from the EMV Agusta webshop comes with a three-year warranty: two years are guaranteed by the manufacturer and an additional year by EMV Agusta itself. During this period, unless otherwise stated, the manufacturer guarantees to correct any major manufacturing defects that existed at the time of delivery, free of charge.

The warranty does not cover typical wear and tear or damage caused by improper use, damage caused by the purchaser or by third parties. Furthermore, problems caused by external factors (such as decreasing battery power, leaking batteries, data problems, software bugs, viruses, modifications to the product or damage caused by frost and lightning) are excluded from the warranty.

In the event of a warranty claim, EMV Agusta will repair the bike free of charge. Any further claims are excluded. This means that repairs may only be carried out by non-certified service partners of EMV Agusta with the prior written consent of EMV Agusta.

Complaints about defects

If products are delivered with visible damage to the packaging or contents, the customer should immediately report this damage to the delivery service (e.g. courier service, post office) and not accept the goods. It is recommended to obtain a confirmation of the detected damage from the delivery service (e.g. courier service, post office). Any damage during transport must also be reported immediately to the webshop at info@emvagusta.ch.

It is the customer's responsibility to check the delivered products immediately upon receipt and to report any defects or deviations from the order in writing to EMV Agusta within 24 hours. After this period, only non-visible defects can be claimed.

A faulty product should be returned immediately to the address given, together with the proof of purchase and a possible return form. EMV Agusta will bear the return costs.

 

14. data protection - [LINK]

EMV Agusta hereby informs you that the data collected during the conclusion of the contract will be collected, processed and used to fulfil the obligations arising from the purchase contract. The data required to provide the service and implement the contract may also be forwarded to authorised service partners (e.g. CRIF, transport companies, service providers, financial institutions, debt collection agencies, insurance providers). By agreeing to these terms and conditions, you accept this data handling.

Copyright

All graphics, texts, images, videos and applications (apps) that you have received from EMV Agusta and that are presented in the web shop or in other materials are protected by copyright. It is not permitted to publish, decompile, reproduce, distribute, make accessible to third parties or edit or use them in any other form, either in whole or in part. Reverse engineering, distribution or licensing of this content is prohibited.

The use of IP trademarks, logos or other EMV Agusta markings is only permitted with the prior authorisation of EMV Agusta.

Place of jurisdiction

The legal relationship between EMV Agusta and the customer is subject to Swiss law. The provisions of international private law and the UN Convention on Contracts for the International Sale of Goods are excluded.

For private individuals, either THAYNGEN or their place of residence is the competent place of jurisdiction.

For corporate customers, only the regular courts of the Canton of Schaffhausen shall have jurisdiction.