GENERAL TERMS AND CONDITIONS OF DIAVELO SWITZERLAND AG
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.
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.
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.
Conclusion of contract
General terms of payment
General terms and conditions of delivery
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.
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.
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.
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.
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.
Prohibition of assignment
The customer may assign his contractual rights to third parties only with the written consent of Frey Bike Schweiz GmbH.
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.
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.