Terms and conditions
of e-xperience GmbH
1. General information
The terms and conditions are effective for all products and services which are provided in any way (sold, rented, delivered, etc.) by the e-Xperience GmbH (further down called «provider») for the customer or buyer. The provider mainly sells e-mobility products.
Deviating regulations are only effective if they were explicitly and in writing agreed to by the provider and the customer. The customer accepts the present terms and conditions by filling in the ordering form for a product and sending it or handing it to the provider.
Specific or general conditions of contract, which are in conflict with these terms and conditions are not accepted by the provider and have no validity between the provider and the customer. Individual agreements have priority over the terms and conditions.
2. Conclusion of contract
A conclusion of a contract between the provider and the customer is made by ordering a product or service (sending or handing in of the order). The specifications of services and/or goods are regulated in the present terms and conditions or in individual agreements.
Offers are, in case they are not limited in time, subject to change without notice until the conclusion of contract, especially regarding price, obligations, quantities and time of delivery.
Prices are in US dollars. The current catalogue price of the provider on the ordering date is effective, unless there is an individual agreement.
The provider has the right to request prepayment without stating reasons.
The place of execution of the delivery is the head office of the provider. By handing the goods to the post office, packet service, forwarder or forwarding agent, but at the latest by the time the goods have left the head office of the provider, the risk of conveyance goes over to the customer. The packaging and cost of transport must be paid for by the customer.
6. Delivery date
There are no specific dates of delivery, but the dates given serve as estimations only. The customer is obligated to take and accept the delivery of the goods. The provider has the right to deliver certain customers only after prepayment, without stating any reasons. Should the provider not be able to fulfil his obligation of supply in a case of interruption of operation, labour deficit, strike, lack of supply, fire damage, acts of war, because of an official decree, substantial changes in currency rates or due to an act of nature beyond control, the provider is free of his obligation of supply. Should a delivery be delayed or late, the customer can only claim a compensation, if the provider has evidently operated grossly negligent or intentional. In case the provider should be bound to pay a compensation, the amount is restricted to the net worth of the product. Lost profit, consequential harm and third person damage are not replaced.
7. Right of withdrawal/return
The customer has the right to withdraw from the contract with the provider until the time of conveyance.
As soon as the product has left the office, the customer has no longer the right to withdraw or to return the product.
8. Customer obligations
The customer is obligated to give true account information. He is also obligated to immediately inform the provider about changes thereof. The customer is responsible for the insurance of the product; in case the product is rented. In this case the customer is obligated to follow and respect all traffic laws. The provider has the right to introduce an age limit to renting a product or to request a documentation of competence.
The customer has the right to pay the invoice amount via credit card (Mastercard, Visa or Postfinance), via bill or via prepayment. If ordered via bill, the customer will receive the bill with the delivery or in a separate sending. The provider has the right to verify the solvency of the customer. Furthermore, the provider has explicitly the right to only deliver after prepayment, without having to state any reasons. The bills have to be paid – in case nothing else has been agreed on in writing – within 20 days after the date of invoice. If the order is paid for by prepayment, the customer has to pay within 48 hours after receiving the bill, otherwise the order expires. The buyer has no right to accounting for payments because of any counterclaims.
After a 20-day period without payment, the buyer is delayed in paying. The provider now has the right, declaration of other rights reserved, to claim interest of late payments of 5% of the purchasing price. The delay commences immediately after the 20-day period, without a prior admonition. The provider has the right to authorise third parties with the charging and the collection of the debt and is allowed to send the necessary information to the third party.
10. Verification and accountability
The provider ensures that the sales products are free of defects as to quality and of title when transferred. Rented products are transferred in a usable condition.
The customer is obligated to complain about defects of rented products right after the products were received.
Defects of newly bought products must be rebuked by the customer within the first 3 days in writing or via Email to the provider. The period of warranty amounts to 2 years and it starts on the day of the delivery to the customer. The warranty does not include damage to the product which resulted from misuse of the product with respect to the information within the user’s manual of the product. The customer is obligated to proof that the product was defect by the time it was delivered.
If the customer can make a valid warranty claim, the provider can refund the customer by sending a coupon, worth the price of the product, or by sending a new product to the customer. Further warranty claims regarding defect products in the delivery, especially those involving lost profit or other economic loss of the customer, are completely invalid, with the exception of if the cause of damage is based on gross negligence or intention of the provider.
The provider rejects any accountability or warranty regarding damage to the customer from the use of rented products if it is a matter of slight or medium-heavy carelessness. The provider is only responsible for damage to the customer, which is evidently a result of gross negligence or intention. Accountability of the provider for subsequent damage or indirect damage is invalid in any case.
11. Use of rented products
The customer is obligated to use the rented products carefully. The transmission or renting of products to other parties by the customer is allowed only with prior consent of the provider.
The provider has the right to demand a deposit before renting a product. The deposit is refunded when the customer returns the product undamaged. The condition of the product is checked by the provider immediately after its return and the customer is informed about possible damage. The deposit remains in the possession of the provider if the product is damaged. The customer can be charged with possible additional costs, for example cost of repair.
13. Data protection
The provider has to take all reasonable measures to protect the stored data. Data access by third parties on data stored by the provider or contract partners of the provider do not lead to accountability by the provider or its contract partners. The provider uses customer data for purposes such as the fulfilment of services, customer relations and for special offerings to the customers, in accordance with the contract and the law. The customer wholly agrees to the storage and use of the customer data by the provider. The customer can prohibit the use of his/her data for marketing purposes at any time.
14. Severability clause
If one or several clauses of this agreement should be void or inoperable, the other clauses remain valid. The parties must then find an operable and valid alternative for such a clause, that is closest to the meaning of the original clause.
15. Applicable law, venue
The terms and conditions and the legal relationship between provider and customer are subject to Swiss law. Exclusive venue is at the location of the head office of the provider.