Terms and Conditions (GTC)
General Terms and Conditions of Ambush Racing KLG - (Version 1, March 2020)
These general terms and conditions ("GTC") apply to the entire business area of Ambush Racing KLG (hereinafter "company"). The company sells mountain bikes and related accessories such as spare parts, tuning parts and clothing. The company also provides maintenance and tuning services for mountain bikes as well as fork and damper service.
- Conclusion of contract
The contract is concluded when the customer accepts the company's offer for the purchase of products and / or services.
The contract is concluded in any case when the customer makes use of the services offered by the company and / or orders or purchases products directly from the company's online shop.
Subject to other offers, all prices are in Swiss Francs (CHF). All prices include any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.
The company reserves the right to change prices at any time. The prices on the company's website and according to the company's price list apply at the time the contract is concluded.
The company offers the customer the following payment options: invoice, credit card, PayPal, prepayment.
The customer is obliged to pay the invoiced amount within 10 (ten) days of the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default.
From the time of default, the customer owes default interest in the amount of 5% (five percent).
If the company also offers products for purchase, rental or other use via an online platform, it can also request payment by electronic means as part of the ordering process (credit cards, PayPal or other payment systems).
Offsetting the amount invoiced against any claims by the customer against the company is not permitted.
The company has the right to refuse delivery or provision of services in the event of default in payment.
- Company obligations
5.1. Delivery / delivery dates
Delivery takes place within 5 (five) working days after receipt of the order. If a timely delivery is not possible, the customer will be informed by the company within 2 (two) working days after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the company's registered office is agreed as the place of performance. The company fulfills by handing over the ordered products to the agreed carrier. If no carrier is agreed, the company is free to choose a carrier. The agreed delivery costs may not be increased by the choice of the carrier.
5.2. Service delivery
Unless otherwise agreed, the company fulfills its obligation by providing the agreed service. If no further provisions are agreed, the place of performance is the company's registered office.
5.3. Auxiliary persons
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. You must ensure that the auxiliary person is involved in compliance with all mandatory legal provisions and any collective employment contracts.
- Obligations of the customer
The customer is obliged to immediately take all precautions that are necessary for the company to provide the service. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes providing suitable information and documents for the company.
The customer is entitled to exchange products within 10 (ten) days of receipt. However, the products must be in their original packaging and unused. The customer has to bear the costs for the return and the exchange.
The company guarantees that the product conforms to product specifications.
The company guarantees the above for a maximum of 6 (six) months.
Any deficiency must be reported to the company immediately. It is up to the company to decide whether to repair or replace the defective product. The customer is only entitled to a reduction in the purchase price or a refund if a replacement or repair is not possible. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins anew for the repaired element; the original warranty period continues for the remaining elements of the product.
The company guarantees to carry out the agreed services in the quality customary in the industry.
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the contract amount. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
- Intellectual property rights
All rights to the products, services and any brands belong to the company or the owner is authorized to use them.
Neither these terms and conditions nor the associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless it is explicitly approved by the company.
If the customer uses content, text or graphic material in connection with the company to which third parties have property rights, the customer must ensure that no third party property rights are infringed.
The company may process and use the data recorded in the context of the conclusion of the contract to fulfill its obligations under the contract. The company takes the measures required to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data required to fulfill the service can also be passed on to commissioned service partners or other third parties.
The data protection regulations also apply.
These general terms and conditions can be changed by the company at any time.
The new version comes into effect 30 (thirty) days after it has been activated on the website (www.ambush-racing.com) By the company.
For customers, the version of the terms and conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the terms and conditions.
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.
- Severability clause
Should any provision of this contract or an attachment 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.
Both parties, as well as their auxiliaries, undertake to treat confidentially all information that has been submitted or acquired in connection with the services. This obligation remains in effect even after the contract has ended.
- Force majeure
If the timely fulfillment by the company, its suppliers or third parties involved as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . Reactor damage and epidemics impossible, so the company is released from fulfilling the obligations concerned during the duration of the force majeure as well as an appropriate start-up period after it has ended. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company has to reimburse the customer in full for payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
- Agents and distributors
The customer acknowledges that any sales partners or agents work independently and therefore independently of the company and that any potential claims against them must be asserted directly. The company is in no way liable for breaches of contract by any agents and sales partners.
- Specific provisions
Insurance is the customer's responsibility. It is recommended to take out private liability and accident insurance.
- Applicable law / place of jurisdiction
These terms and conditions are subject to Swiss law. Unless there are mandatory statutory provisions, the court is on Head Office responsible. The company is free to take legal action at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) becomes explicit locked out.