General terms and conditions
1 SCOPE / GENERAL
The AureusDrive Shop (www.aureusdrive.ch/shop) is the online store of AureusDrive, a brand of AureusDrive AG, Rothenring 3a in 6015 Lucerne.
The offers of the AureusDrive store is limited to the territories of Switzerland and the Principality of Liechtenstein.
Depending on the place of delivery, the offered assortment may differ.
If there are any discrepancies in the translation from German into another language, only the German version is valid.
These General Terms and Conditions (hereinafter referred to as GTC) apply to all services provided by AureusDrive AG.
2 REGISTRATION & ORDER OF GOODS
2.1 Order Placement / Conclusion of Contract
Orders can be placed online via the Internet order page or in writing at a branch of AureusDrive AG.
Orders can be placed up to a maximum of 14 days before the desired delivery date. The orders of the customers are confirmed by e-mail. A contract between the customer and AureusDrive is only concluded with this confirmation of the order. AureusDrive is free not to accept an order – for whatever reason – and to refuse to confirm it.
With the order, the customer confirms the accuracy of all information provided by him.
2.2 Quantity restrictions
In any case, AureusDrive reserves the right to limit the delivery quantity for certain products or, if necessary, not to deliver a certain product at all.
2.3 Changes and cancellation of orders
Subsequent changes to orders that have already been confirmed are not possible. Cancellation of confirmed orders is not possible.
2.4 Incomplete fulfillment of the order
Delivering all ordered products in sufficient quantity and high quality is the top priority of AureusDrive. In exceptional cases, it may nevertheless happen that for various reasons not enough goods are available or cannot be released for delivery.
If products are not available at the time of delivery, they will not be reshipped, nor will replacement items be provided. The effectively delivered quantity is indicated on the definitive delivery bill and on the invoice. The customer shall not be entitled to any real or compensatory damages in case of shortened or non-delivered quantities.
If an item is not delivered despite billing, the customer will be credited the corresponding amount in value. There will be no subsequent delivery and no claim for damages.
3 DELIVERY
3.1 Delivery of the goods
Goods deliveries are made directly to the delivery address and contact person provided by the customer or the goods can be picked up at an AureusDrive location.
Depending on the assortment and delivery location, delivery is made by AureusDrive’s personal delivery service or by various services provided by delivery partners. Delivery is made as far as accessible to the door of the apartment for private individuals and to the reception / reception for corporate customers.
3.2 Delivery times and compliance with delivery deadlines
AureusDrive and its delivery partners do their utmost to meet the delivery deadlines. However, all delivery times announced by AureusDrive are for guidance only. Failure to meet the delivery deadlines does not give the customer the right to withdraw from the contract or claim damages. In the event that AureusDrive or our delivery partner should not be able to deliver an order confirmed by AureusDrive, AureusDrive will not be obliged to carry out the delivery otherwise. This does not entitle the customer to compensation for damages.
3.3 Delivery charges
The amount of the delivery fee depends on the delivery method, the order value minus any coupons / discounts. Depending on the assortment and delivery method, a minimum order value may apply.
Multiple delivery charges may apply when purchasing products with different shipping methods at the same time.
3.4 Delivery bill and invoice
Delivery bills and invoices are sent electronically whenever possible.
3.5 Deposit of deliveries
For quality and safety reasons, AureusDrive strives to personally hand over the delivery of goods to the customer. If personal delivery is not possible during the agreed delivery time, the goods will be deposited at the front door. With the delivery of the goods, respectively the deposit of the goods at the front door, benefit and risk, especially the risk of theft, damage by third parties and environmental influences are transferred to the customer.
Deliveries by the delivery partners to addresses without home delivery are deposited at the place where the parcel service deposits parcels for such addresses.
3.6 Cancellation of the delivery by AureusDrive
If the successful delivery is not possible or only possible under difficult circumstances for reasons for which AureusDrive is not responsible, e.g. wrong delivery address, absence of the recipient, missing access permit, bad weather or traffic conditions, etc., AureusDrive is entitled to cancel the order. Any claim by the customer for damages or real compensation is excluded in full.
4 PRICES and PAYMENT
4.1 Price conditions
All prices are in Swiss francs, including applicable value added tax.
The prices as displayed on the Internet site at www.aureusdrive.ch/shop at the time of the order are decisive.
AureusDrive is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on data of the customer to third parties for this purpose.
Invoices created electronically and delivered by e-mail. Invoices are to be paid within 10 days. Unauthorized deductions will be recharged. If payment is not made on time, an expense contribution of CHF 20 plus interest on arrears of 5% per annum will be charged. In the event of default of payment by the customer, AureusDrive is entitled to instruct third parties to collect outstanding payments and to assign the receivables to third parties in Germany and abroad. This is associated with costs for the customer.
Payment is made by invoice. If the amount exceeds CHF 1,000, the amount due must first be paid in before delivery takes place.
5 GUARANTEE OF DATA COMMUNICATION
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. AureusDrive is therefore not liable for the constant and uninterrupted availability of the online store, nor for technical and electronic errors during a sales transaction, in particular for the delayed processing or acceptance of orders.
6 SPECIAL PRODUCT CONDITIONS
6.1 Purchase of AureusDrive gift cards
For the purchase of AureusDrive Gift Cards, the corresponding T&Cs of AureusDrive additionally apply.
6.2 Purchase of AureusDrive clothing & helmets
Due to hygiene regulations, it is not possible to return or exchange clothing and helmets. If you are unsure, please try the demo models in AureusDrive’s own shops.
7 DISCOUNTS, REBATES & VOUCHERS
7.1 Actions
The promotions offered at AureusDrive correspond only limited for the respective AureusDrive sales channels.
In the case of promotions, the quantity that can be ordered per purchase may be limited.
7.2 Vouchers
Issue of vouchers
Vouchers are issued either physically or electronically.
Each voucher is provided with a unique code that is identified when it is redeemed.
Use of vouchers
At AureusDrive AG, only vouchers on which AureusDrive is expressly mentioned as the place of redemption can be accepted.
Vouchers are only valid for the intended use stated on the voucher or in the accompanying advertising.
Vouchers cannot be exchanged for cash and have no expiry date, unless required by law.
Redemption of vouchers
Vouchers can be redeemed online on our website. The voucher amount will be deducted from the total amount when redeemed.
A voucher can only be used once and is not transferable. Only one voucher can be redeemed per order, accumulation is not possible.
Payment of vouchers
Vouchers cannot be paid out in cash. They can only be used for the purchase of regular products at AureusDrive.
Products on special offer or on sale may be excluded from redemption with vouchers unless otherwise stated.
Loss or theft
AureusDrive AG accepts no responsibility for lost, stolen, damaged or expired vouchers. It is the responsibility of the holder to keep the voucher safe.
Changes and revocation
AureusDrive AG reserves the right to change this policy at any time or to revoke vouchers without prior notice if this is necessary for legal or business reasons.
8 CUSTOMER SERVICE & COMPLAINTS
Customer service provides information and personal assistance with questions, problems or complaints regarding AureusDrive’s services.
Hotline: +41 41 560 13 33
E-mail: info@aureusdrive.ch
Defects must be claimed immediately upon receipt of the goods. Otherwise, the goods are considered to be accepted by the customer without any right of return or exchange. Hidden defects must be reported to AureusDrive Customer Service immediately after their discovery.
9 GENERAL CONDITIONS
9.1 Data protection
The data collected will be treated confidentially and in good faith.
On the occasion of the first contact, your data will be collected in the form of personal information such as name, surname, address, age, email, for business processing as well as for marketing purposes. In addition to the explicitly entered data, various information is automatically collected from the log files (a kind of “work report” of the computer) when accessing the website. AureusDrive distinguishes between master data (e.g. IP address, date and time of access, etc.) and transaction data (e.g. name of the file accessed, click path, etc.). For statistical purposes, such data is evaluated anonymously, for example to determine how many times the portal is accessed on a given day.
Furthermore, all data transmitted by you (e.g. name, search fields, booking queries, form data, etc.) may be stored, even if they are not part of a completed transaction (e.g. booking/order). The details of your orders/purchases can be evaluated. AureusDrive is not interested in the purchasing behavior of individuals. AureusDrive uses earmarked evaluations to form target groups that make it possible to inform customers individually about offers and other services.
An e-mail with the latest news or special promotions can be sent to the e-mail address provided during registration several times a year.
The customer can unsubscribe from this e-mail at any time by clicking on the corresponding link in the footer of the e-mail. AureusDrive uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses so-called ‘cookies’ to evaluate the use of the website and to compile reports on website activities.
If you have chosen a PickPost office as your delivery address, we will transmit your data (surname, first name, address) to Swiss Post. This data transfer is necessary so that Swiss Post can activate you for PickPost and so that we receive your personal PickPost customer number from Swiss Post. Swiss Post undertakes to treat your data confidentially, to use it exclusively for this purpose and not to pass it on to third parties.
As a matter of principle, no liability can be assumed for the security of data transmitted via the Internet. The transmission of the data is not encrypted. However, we automatically provide encryption for sensitive data.
9.2 Severability clause
If any part of these GTC is found to be unenforceable or invalid for any reason, the validity of the remaining provisions shall not be affected.
9.3 Applicable law & place of jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is Lucerne.
10 DISCLAIMER
10.1 Content of the online offer
AureusDrive accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against AureusDrive AG regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected unless it can be proven that AureusDrive acted with intent or gross negligence.
AureusDrive expressly reserves the right to change, supplement, delete or temporarily or permanently cease publication of parts of the pages or the entire website without prior notice.
AureusDrive AG
Rothenring 3A
6015 Lucerne
E-mail: info@aureusdrive.ch
Internet: www.aureusdrive.ch
10.2 Product liability
All product liability is excluded if the products do not comply with the applicable regulations at the time of use, have been placed on the market as intended or have not been used properly in accordance with AureusDrive’s instructions.
Specifically, all liability claims are excluded in the following cases:
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If the vehicle is technically modified without the consent of the manufacturer
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Subsequent conversion/installation of non-compatible or non-original parts AureusDrive non-original parts/components
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Improper use/transport
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Lack of inspection within a reasonable time
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Improper maintenance (observe operating instructions), missing or faulty setting(s) or worn components
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If damage has occurred to the products as a result of weather conditions, the use of unsuitable cleaning agents, utensils such as high-pressure cleaners or additives used, or as a result of damage following a previous fall
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Use in racing and competition
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Commercial renting/leasing
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Battery misuse due to deep discharge (complete discharge and not immediate recharge), prolonged non-use without recharging (> 3 months) and exposure to very high (> 40°C) or very low (< 5°C) temperatures. The same applies if the AureusDrive battery is charged with a non-genuine AureusDrive charger, the housing is opened or damaged, the battery is short-circuited or placed in water. is cleaned with water.
Third party liability claims are excluded in any case.
