GENERAL TERMS AND CONDITIONS OF BUSINESS

Connection Conditions

All our prices are inclusive of 8% VAT, subject to typing and typing errors. Our prices and discounts for vehicles with daily registration while stocks last. The crossed-out price corresponds to the predominant market price for the comparison model offered in Switzerland. It is possible that certain imported vehicles may deviate from the vehicle offered in Switzerland. In this case, the price is corrected by the amount of the calculated differences in equipment. The reduced price includes all deductions and VAT (corresponding conditions and offers available on our website) The photos of the products are not part of the contract. The product and company names, including their representation in logos, are registered trademarks of their respective owners. The factory guarantee for directly imported vehicles may be shorter in duration than the guarantee offered by domestic dealerships. Find out more at Autohaus Schiess AG.

 

  1. New Car

1.1 Characteristics of the Vehicle

Internet information: The effective equipment may differ from the published equipment and model, no guarantee is given. Measured values and data are merely approximate values; directly imported vehicles may differ from the vehicles imported by the Swiss general importer in terms of equipment, model designation, engine and manufacturer’s warranty and performance.

The Buyers shall inform themselves about the content.

 

1.2 Retention of Title

The purchased vehicle remains the property of Autohaus Schiess AG until the purchase price has been paid in full, including any default interest and costs. The latter is entitled to exercise a retention of title within the meaning of Art. 715 of the Civil Code (ZGB) on the vehicle and its accessories.

 

1.3 Exchange Vehicle

The Purchaser shall be obliged to maintain and maintain the exchange vehicle given in payment until it is handed over to the Seller and to maintain and maintain its value, otherwise the Seller shall be entitled to demand a lower purchase price than agreed upon. In the event of a dispute over the price reduction regarding the exchange vehicle, an expert opinion from TCS will decide on this; the costs for this are borne by the parties in equal parts.

 

1.4 Automobile Control

If necessary and requested by the Buyer, the purchased car will be presented at the cantonal automobile inspection department at the expense of the Buyer; the presentation costs will be charged separately.

 

1.5 Consequences of Default

  1. a) Delay of Autohaus Schiess AG

A delay in delivery of the purchased vehicle by Autohaus Schiess AG does not entitle the Buyer to cancel the present purchase contract or to any claims for compensation, such as loss of earnings, expenses, replacement car, hotel, taxi etc., which are excluded. If the Seller is in default, the Buyer may set a period of grace of at least 60 working days for the Seller’s performance by registered letter. If the Seller fails to comply within this period, the Buyer may withdraw from the contract by registered letter.

  1. b) Default of the Buyer

If the Buyer is in default of acceptance of the purchased vehicle or payment of the purchase price after a written reminder has been issued and the deadline set in the reminder has expired, Autohaus Schiess AG shall be entitled to choose between insisting on performance and claiming damages or waiving subsequent performance and demanding 20% of the price of the purchased vehicle as a contractual penalty, whereby the right to assert further damages shall remain reserved.

 

1.6 Parallel Import Vehicle

Parallel import is the usually commercial import of goods produced abroad, through a distribution channel that is not authorized by the manufacturer. The manufacturer’s domestic distribution network is deliberately circumvented because the product can be purchased at a lower price abroad due to the manufacturer’s pricing policy or tax differences. Import vehicles with daily registration do not correspond to the Swiss version, service booklet and operating instructions are delivered in the language of origin and / or parallel import country.

 

1.7 Place of Performance, Jurisdiction and Applicable Law

The place of performance for all obligations arising from the present purchase contract is the business domicile of Autohaus Schiess AG. The parties agree that the place of jurisdiction for any disputes arising from this contract shall be Volketswil, subject to the provisions of the Swiss Code of Civil Procedure. Swiss law is exclusively applicable.

 

  1. Yearly Cars and Used Cars

2.1 Characteristics of the Vehicle

Internet information: The effective equipment may differ from the published equipment and model, no guarantee is given. Measured values and data are merely approximate values; directly imported vehicles may differ from the vehicles imported by the Swiss general importer in terms of equipment, engine and manufacturer’s warranty and performance. The Buyers inform themselves about the content.

 

2.2 Retention of Title

The purchased vehicle remains the property of Autohaus Schiess AG until the purchase price has been paid in full, including any default interest and costs. The latter is entitled to exercise a retention of title within the meaning of Art. 715 ZGB on the vehicle and its accessories in the register of retention of title.

 

2.3 Exchange Vehicle

The Buyer shall be obliged to continue to maintain and maintain and maintain the value of the exchange vehicle given to payment until it is handed over to the Seller, otherwise the Seller shall be entitled to demand a lower purchase price than agreed. In the event of a dispute over the price reduction regarding the exchange vehicle, an expert opinion from TCS will decide on this; the costs for this are borne by the parties in equal parts.

 

2.4 Automobile Control

If necessary and requested by the Buyer, the purchased car will be presented at the cantonal automobile inspection department at the expense of the Buyer; the presentation costs will be charged separately.

 

2.5 Consequences of Default

  1. a) Delay of Autohause Schiess AG

A delay in delivery of the purchased vehicle by Autohaus Schiess AG does not entitle the Buyer to cancel the present purchase contract or to any claims for compensation, such as loss of earnings, expenses, replacement car, hotel, taxi etc., which are excluded. If the Seller is in default, the Buyer may set a period of grace of at least 60 working days for the Seller’s performance by registered letter. If the Seller fails to comply within this period, the Buyer may withdraw from the contract by registered letter.

 

  1. b) Default of the Buyer

If the Buyer is located after a written reminder and after expiry of the period set in it with the takeover of the purchased vehicle or vehicle, respectively. In the event of a delay in payment of the purchase price, Autohaus Schiess AG shall be entitled to choose whether to insist on performance and claim damages or to waive the subsequent performance and to claim 20% of the price of the purchased vehicle as a contractual penalty, whereby the right to assert further damages shall remain reserved.

 

2.6 Right of Return (excluding all new cars and those with a purchase price of less than CHF 10,000.00)

The Seller grants the Buyer a right of return (only valid for delivered vehicles) of 8 calendar days (date of postmark), from delivery note date with a compensation of 3.9% on the purchase price debited to the Buyer. Additional work and/or reimbursement of financing costs as well as delivery fee will not be refunded. The return intentions are to be sent by registered letter to the Seller and the vehicle is to be returned immediately. In the event of expiry of a deadline, the right of return shall be cancelled and no further claims shall arise.

 

2.7 Place of Performance, Jurisdiction and Applicable Law

The place of performance for all obligations arising from the present purchase contract is the business domicile of Autohaus Schiess AG. The parties agree that the place of jurisdiction for any disputes arising from this contract shall be Volketswil, subject to the provisions of the Swiss Code of Civil Procedure. Swiss law is exclusively applicable.

 

2.8 Supplements or corrections to the contract are only valid in writing.