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Terms and conditions

GENERAL TERMS AND CONDITIONS OF DIAVELO SWITZERLAND AG

  1. Scope of application

    These Terms and Conditions shall apply to all purchase contracts concluded with Frey Bike Schweiz GmbH via the Frey Bike Webshop (www.frey-europe.com). They apply to customers in Switzerland and the Principality of Liechtenstein. Buyers from the EU accept the legal system of Switzerland. Frey Bike Schweiz GmbH is entitled to change or delete these general terms and conditions at any time. These general terms and conditions shall be accepted if the customer does not object within 30 days. This website is operated by Frey Bike Schweiz GmbH, Lohzelgstrasse 7, 8118 Pfaffhausen.

  2. Registration

    Registration with the webshop is free of charge and reserved exclusively for persons of legal capacity. The data required for registration must be provided truthfully and in full. The customer himself is responsible for updating his data. There is no entitlement to admission to the webshop. The customer alone is responsible for contents which he places in areas accessible for this purpose. These may not infringe the rights of third parties.

  3. Newsletter

    A newsletter can be sent several times yearly to the e-mail address given during registration. The customer can unsubscribe from this newsletter anytime by clicking on the corresponding link.

  4. Conclusion of contract

    1. The product range on www.frey-europe.com is non-binding. We reserve the right to make price and product range changes and technical changes at any time. All offers are subject to change and are not to be understood as binding offers. All information on www.frey-europe.com such as product descriptions, illustrations, films, dimensions, weights, technical specifications and other information are only to be understood as approximate values and in particular do not represent any assurance of properties.
    2. Orders are placed exclusively online via the webshop. Orders will be confirmed by e-mail. A contract between the customer and Frey Bike Schweiz GmbH shall only be concluded with this confirmation of the order. The confirmation of receipt of order sent automatically by the webshop system by e-mail shall not be deemed to be an order confirmation. Frey Bike Schweiz GmbH reserves the right not to accept an order - for whatever reason - and to refuse to confirm it. Frey Bike Schweiz GmbH shall endeavour to align the scope and execution of the delivery to the wishes stated in the order. However, only the conditions applicable by Frey Bike Schweiz GmbH in the order confirmation (product characteristics, price, shipping and ancillary costs) shall be binding. By placing the order, the Customer confirms the accuracy of all the information provided by him.
    3. Prices and availability: Despite the application of the greatest care, erroneously incorrect information cannot be completely ruled out. All price quotations are non-binding. Prices may be changed at any time and without prior notice. For various reasons, it may happen in exceptional cases that not enough goods are available or cannot be released for delivery. Frey Bike Schweiz GmbH is not liable for unavailable products or erroneously incorrect price information. We reserve the right to make model changes. Scheduled offers are only valid for the specified period of time. If an article cannot be delivered despite invoicing, the corresponding amount shall be credited to the customer. There will be no subsequent delivery and no claim for damages.

  5. General terms of payment

    1. Frey Bike Schweiz GmbH provides various means of payment depending on the mode of dispatch. Frey Bike Schweiz GmbH reserves the right to decide at its own discretion which means of payment it accepts for each order.
    2. Only payments from accounts within the EU, Liechtenstein and Switzerland shall be accepted. Any transaction costs shall be borne by the customer.

  6. General terms and conditions of delivery

    1. Delivery of goods: The delivery of the ordered goods shall be carried out by the delivery service commissioned by us at the conditions stated in the order confirmation to the address indicated by the customer or can be collected from Frey Bike Schweiz GmbH, Lohzelgstrasse 7, 8118 Pfaffhausen, +41788073434. Depending on the size of the product, delivery will be made by various delivery partners (post office, forwarding agents). Frey Bike Schweiz GmbH shall in principle be entitled to make partial deliveries.
    2. Delivery times / delivery date: The delivery date is given to the best of our knowledge, but without guarantee. In the event of delays in delivery, the customer shall be informed immediately. In the event of final unavailability of the ordered items, any payments made shall be refunded. Frey Bike Schweiz GmbH shall not be liable for delivery delays caused by manufacturing companies or third parties. A temporary non-observance of the delivery period shall not entitle the customer to withdraw from the contract or to claim damages. In the case of products from stock, delivery delays should not be longer than 3-5 days. In the event of final unavailability, the customer shall not be entitled to any compensation.
    3. Ownership and risk of the goods shall pass to the customer upon handover at the delivery address.
    4. If the goods cannot be handed over for reasons for which the customer is responsible (e.g. incorrect or incomplete addressing, absence at delivery, refusal of acceptance without justified reason, etc.), the costs incurred as a result (e.g. return, new delivery, etc.) shall be charged to the customer.
    5. Transport damage: If goods are delivered with obvious damage to the packaging or the contents, the customer must complain about this immediately to the carrier/parcel service provider and refuse acceptance. Hidden defects must be reported to the forwarder/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) of receipt of the goods. The customer is obliged to obtain a damage confirmation report from the parcel delivery company (e.g. postal employee). All transport damage must also be reported immediately to Frey Bike Schweiz GmbH.

  7. Shipping costs

    The amount of the shipping costs depends on the shipping method. If products with different shipping methods are purchased at the same time, several delivery charges may apply.

  8. Warranty

    Frey Bike Schweiz GmbH shall grant a warranty for defects which are clearly established as manufacturing or material defects for a period of 2 years from the date of purchase or collection or home delivery. In the event of justified warranty claims during the warranty period, only a repair of the defective e-bike can be claimed. An exchange for a new e-bike or the return and refund of the purchase price is not possible. The decision on the type of defect repair lies with Frey Bike Schweiz GmbH and is explained in detail under warranty terms. For the duration of the repair or the time until the delivery of parts to be replaced, there is no entitlement to a free replacement e-bike. If it is determined that the e-bike has no defects or that these are not covered by the warranty, the e-bike will be returned at the expense and risk of the customer. In addition, a handling charge may be levied. Any warranty claims must be submitted to Frey Bike Schweiz GmbH. A warranty claim can only be asserted if a proof of purchase is available. The warranty is only valid if the inspections are complied with. Maintenance and care instructions for the battery must be observed. If the conditions are not observed, Frey Bike Schweiz GmbH reserves the right to refuse warranty services. The warranty does not apply to: Wear parts. Damage caused by improper handling, use or transport. Damage caused by the use of a non-original Frey Bike charger, battery, display, sprocket, etc. Damage caused by opening or damaging the charger housing.Damage or malfunctions due to accidents, improper use, negligence or visible external damage. Technical modifications to the e-bike Subsequent conversion/installation of non-compatible or non-original parts. Damage due to the effects of weather or the use of unsuitable cleaning agents, high-pressure cleaners or additives. The warranty obligation shall lapse in the event of repairs carried out by service centres not authorised by Frey Bike Schweiz GmbH.

  9. Product liability

    In principle, product liability is excluded if a product of Frey Bike Schweiz GmbH does not comply with the applicable regulations at the time of use, has not been placed on the market in accordance with the regulations or has not been used in accordance with the regulations of Frey Bike Schweiz GmbH. Specifically, any product liability is excluded in the following cases: Technical modification of the e-bike without the consent of Frey Bike Schweiz GmbH. Subsequent conversion with non-compatible or original parts. Failure to comply with the service intervals specified in the operating instructions. Damage as a result of weather conditions. Damage due to the use of unsuitable cleaning agents, high-pressure cleaners or additives. Improper transport. Improper use. Improper maintenance. Missing or incorrect adjustment of components. Worn components. Use in racing or competition. Use for commercial rental or other commercial purposes. Deep discharged battery due to prolonged non-use or failure to charge regularly (every two months). Damage due to the battery being exposed to very high (> 40°C) or very low (< 5°C) temperatures. Damage caused by short-circuiting the battery. Damage due to the battery being immersed in water. Third party liability claims are excluded in all cases.

  10. Right of return

    In addition to the legal right of withdrawal, we grant our customers a right of return of 30 days. The return period begins with the receipt of the goods by the customer and is observed by returning the goods to us within 30 days. The statutory right of withdrawal remains unaffected.

  11. Exclusion of liability

    Claims of the customer other than those expressly granted in these General Terms and Conditions of Business are excluded - irrespective of the legal grounds and to the extent permitted by law. This exclusion of liability shall apply in particular to the actions of contractual partners of Frey Bike Schweiz GmbH, auxiliary persons, etc., as well as to all consequential harm caused by a defect, loss of profit or other financial losses of the customer.

  12. Prohibition of assignment

    The customer may assign his contractual rights to third parties only with the written consent of Frey Bike Schweiz GmbH.

  13. Warranty of data communication

    Frey Bike Schweiz GmbH shall neither be liable for the constant and uninterrupted availability of the web shop nor for technical or electronic errors during sales transactions, in particular not for the delayed processing or acceptance of orders.

  14. Data protection

    1. All customer data collected shall be treated confidentially and in good faith.
    2. Frey Bike Schweiz GmbH shall be entitled to process data about the Client collected in connection with the business relationship in accordance with the Data Protection Act.

  15. Protection of intellectual property

    The entire content of this website is protected by copyright. You may save or print out a hard copy of individual pages and/or sections of this website, provided that you do not remove any copyright or other proprietary notices. All property rights remain with Frey Bike Schweiz GmbH. The complete or partial reproduction, transmission, modification, linking or use of this website for public or commercial purposes is prohibited without the prior written consent of Frey Bike Schweiz GmbH.

  16. Final provisions

    1. In the event that individual provisions of these GTC should be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provisions shall be replaced by provisions whose content is as close as possible to that of the invalid provisions. The same shall apply in the event of any gaps in the contract.
    2. Frey Bike Schweiz GmbH reserves the right to amend the GTC at any time. The GTC published in the webshop shall apply in each case.
    3. These GTC and the contracts concluded under these GTC shall be governed by Swiss law. The place of jurisdiction shall be Zurich, Switzerland.
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