Basel, 31. August 2018

Terms & Conditions

ARC8 Bicycles /

General Terms and Conditions (GTC)

1. validity of the general terms and conditions and conclusion of contract

1.1 These General Terms and Conditions (GTC) apply to sales contracts with private customers and companies that are concluded with kreuz+quer GmbH via the website.

1.2 The order is confirmed by kreuz+quer GmbH. The contract is concluded as soon as the buyer receives the confirmation.

1.3 These General Terms and Conditions shall also apply to purchase contracts concluded by other means, e.g. by telephone, fax or letter. Customers will be informed in the order confirmation where they can download the GTC on the Internet.

2. prices and special offers

2.1 Prices are always quoted in CHF incl. 7.7% VAT. In the euro zone, where the customer selects a different country for the country selection via the web shop, the prices are converted into the respective currency and the countries are subject to specific VAT. Customs and handling charges are included in the price in addition to VAT. Shipping costs are shown separately and calculated on the basis of the delivery address. In all other cases (for country selection outside Europe), prices are quoted in USD and exclusive of VAT.

2.2 kreuz + quer GmbH reserves the right to change prices at any time. For customers, the prices published on the website on the order date apply.

2.3 The conditions for promotions and discounts can be found in the relevant information in the web shop.

3. payment

3.1 Payment is possible at the request of the customer in the following ways:

§ Payment by credit card is possible. All common credit cards are accepted. The customer must provide the relevant details, in particular the number of his credit card and the credit card company as well as the expiry date of the credit card.
§ Payment in advance is possible. If payment is made in advance, payment must be made within 10 days of the order date, for e-bills within 5 days.

3.2 In the event of late payment, kreuz+quer GmbH will send a maximum of two reminders. A fee of CHF 20.00 will be charged for the second reminder. If the customer then fails to pay, debt enforcement measures will be initiated. In addition, interest on arrears of 5 percent will be charged in the event of late payment. We reserve the right to claim damages.

4. terms of delivery

4.1 The delivery times are shown in the webshop according to availability. If the goods are available in stock, delivery is usually made within 30 working days. If a longer delivery period is necessary, the customer will be informed at the latest after the expiry of this period. The customer can call up his delivery status at any time via the web shop.

4.2 Benefit and risk are transferred to the buyer at the time when the goods are handed over to the transport company (Art. 74 Para. 2 No. 2 OR).

5 Warranty and liability

5.1 Any warranty, as far as legally possible, is excluded, in particular cancellation and reduction are excluded. Section 5.2 of these GTC remains reserved.

5.2 For a period of 24 months from receipt of the goods, kreuz+quer GmbH offers free rectification of defects with regard to the products marked ARC8 for the warranted properties. The buyer must inspect the delivered goods immediately upon receipt and report any defects in the aforementioned sense immediately. The free right to rectify defects does not include defects that are due to improper maintenance / use / storage or damage.

5.3 kreuz+quer GmbH provides its services carefully and professionally within the scope of its operational resources and the foreseeable requirements, insofar as kreuz+quer GmbH is not prevented from doing so by circumstances for which it is not responsible.

5.4 In case of violation of its own contractual obligations from the purchase contract including these GTC, kreuz+quer GmbH is liable to the customer without limitation for direct, direct and proven damages caused by kreuz+quer GmbH through unlawful intent or gross negligence.

5.5 Liability is expressly rejected for slight or medium negligence and for indirect, indirect or consequential damages. Consequential damages are in particular loss of profit, loss of earnings, damage to reputation.

6 Liability for online connections

6.1 kreuz+quer GmbH undertakes to ensure security in systems, programs, etc. which it owns and over which it has influence in accordance with the latest technical standards and to comply with the rules of data protection.

6.2 Customers shall ensure the security of systems, programs and data within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

6.3 kreuz+quer GmbH is not liable for defects and malfunctions for which it is not responsible, especially not for safety defects and operational failures of third-party companies with which it cooperates or on which it is dependent.

6.4 Furthermore, kreuz+quer GmbH shall not be liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) which occur despite the necessary current security precautions on the part of kreuz + quer GmbH.

7. application of law and place of jurisdiction

7.1 Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC or the purchase contract shall not be affected thereby.

7.2 kreuz+quer GmbH reserves the right to change these GTC at any time.

7.3 Only Swiss law shall apply to the purchase contract including these GTC and any disputes arising from or in connection with the relationship between kreuz+quer GmbH, to the exclusion of the conflict of law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

7.4 In the event that the sales contract, including these GTC, should contain a loophole, the provisions of the Swiss Code of Obligations (OR) shall apply.

7.5 The exclusive place of jurisdiction for all disputes between kreuz+quer GmbH is the registered office of kreuz+quer GmbH. However, kreuz+quer GmbH is entitled to sue the customer at his domicile. Mandatory legal jurisdiction provisions shall remain reserved.

kreuz+quer GmbH, Basel, 01.08.2019

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