General Terms and Conditions of Sale
1.1 This online shop offers the customer the possibility to individually configure their Speed Pedelec from myStromer AG to their personal wishes and requirements using the online configurator provided and to place a binding purchase order with the Stromer dealer of their choice.
1.2 In addition to the Stromer Speed Pedelec, the customer can also order a wide variety of accessories.
1.3 With the confirmation of the order process, the customer makes a binding purchase commitment for the configured Stromer Speed Pedelec and for any accessories.
1.4 With the exception of the specific features of the online configuration, these T&Cs shall apply also to purchase contracts concluded between customer and local dealer (“walk-in customers”).
1.5 Stromer's “OMNI” app gives users access to the camera. Stromer itself has no access to these images; users determine how the images are used. They can also enable or cancel access to the camera themselves at any time.
2.1 These General Terms and Conditions (hereinafter referred to as “T&Cs”) govern the contractual relationships relating to the purchase between the customer and the Stromer dealer of their choice (hereinafter referred to as “dealer”). If the customer does not select an authorized dealer, they will be assigned a dealer in their region on the basis of the order data. In this case the purchase contract shall be concluded between the customer and the assigned dealer.
2.2 These T&Cs shall apply in the version applicable at the time of conclusion of the contract.
2.3 These T&Cs shall apply exclusively. Any contrary or deviating terms and conditions of the customer shall only be recognized when expressly approved in writing by the respective dealer.
3. Establishment of the Contract
3.1 The presentation of the Stromer product range on its website or in catalogs, price lists, etc. does not constitute a binding offer to conclude a contract. In particular, the goods referred to therein can only be ordered while stocks last. Pictures printed in catalogs or published on the website are for illustrative purposes only and are not binding.
3.2 After receipt and examination of the purchase order, the dealer shall contact the customer and inform them of the order status and agree on terms of payment with the customer. The purchase contract shall be deemed to have been concluded with the agreement on the payment terms between dealer and customer. A down-payment of 50% of the purchase price shall generally be due.
3.3 Any subsequent amendment of the purchase order is fundamentally excluded. Any amendment to the purchase contract shall require the prior consent of the dealer in all cases. All costs arising out of the amendment shall be at the expense of the customer.
4. Collection, Due Date and Payment
4.1 As soon as the Stromer Speed Pedelec configured to the customer's wishes is ready for delivery, the dealer shall inform the customer and agree on a handover date.
4.2 The customer is bound to make payment in advance of fulfillment of the contract. The ordered goods shall be handed over only after receipt of payment in accordance with the agreement with the dealer.
4.3 Payment of the remaining purchase price shall be due at the time of delivery. In the case of payment by credit card, by bank or giro transfer, or in the case of cash transfer, the remaining purchase price shall be deemed to have been paid only when the corresponding financial institute confirms the unconditional receipt of payment to the dealer.
4.4 If the customer fails to collect the Speed Pedelec as agreed, the dealer can declare its withdrawal from the contract within 30 days or continue to demand acceptance. In both cases the right to assert claims for damages is reserved.
4.5 Should, in exceptional cases, the goods be handed over before full payment of the purchase price, or if the payment should later be found to have not been made in full, the dealer shall be entitled to record a retention of title with the responsible authorities.
5. Prices and Default – Recurring Costs
5.1 The prices shown on the website shall be understood as indicative prices including VAT.
5.2 If, in exceptional cases, the dealer grants the customer a period for payment and this period expires without payment being received, default in payment shall automatically commence without this requiring a reminder. In this case the customer shall be liable to pay interest on arrears of 5 % p.a. This shall not affect the right to claim further damages, in particular with regard to the enforcement of the claim.
5.3 Some Stromer Speed Pedelec functions (e.g. OMNI functions on the ST3) require an exchange of data via a mobile network. A valid data subscription must be taken out with myStromer AG for this.
5.4 If the customer uses Stromer Speed Pedelec functions (e.g. OMNI functions on the ST3) via a smartphone (via an app), additional costs may be incurred for the data link via the smartphone that the mobile network operator may charge to the customer. The mobile data exchanges via the smartphone presupposes the prior installation of the corresponding Stromer application (app).
6. Manufacturer's Guarantee/Exclusion of the Statutory Warranty
6.1 The dealer's and manufacturer's statutory warranty shall be excluded to the extent permitted by law.
6.2 The statutory warranty shall be replaced by the guarantee terms as described on the myStromer AG website (www.stromerbike.com) or which can be examined on the premises of the respective dealer.
7.1 Claims for damages by the customer are precluded to the extent permitted by law.
7.2 This liability waiver shall apply to any form of breach of duty by the manufacturer and the dealer or by a third party engaged by manufacturer or dealer in conjunction with the concluded contract regardless of whether such breach is founded on the concluded contract or on any other legal grounds.
8. Data Protection and Data Processing
8.1 Manufacturer and dealer will process personal data in keeping with Swiss data protection laws.
8.2 Various data have to be collected, stored and processed in order to allow certain Stromer Speed Pedelec functions (e.g. OMNI functions with the ST3) to be used. The data are collected primarily via the Stromer Speed Pedelec, the data storage and data processing, on the other hand, is carried out on a central server of myStromer AG or of partners of myStromer AG.
8.3 The customer also has the possibility of having additional personal data registered and managed.
8.4 The customer is aware that the electronic links between Speed Pedelec, user's computer and/or smartphone and the Stromer servers result in an identification of the user. With the acceptance of these T&Cs, the customer expressly declares their consent that the data generated within the context of the use of certain Stromer Speed Pedelec functions (e.g. OMNI functions with the ST3) are collected, stored and processed.
9.1 Amendments and additions to written agreements shall require the written form and the consent of both parties for their validity. This will also apply for any waiver of the requirement for written form.
9.2 Manufacturer and dealer reserve the right to amend these T&Cs at any time.
10. Severability Clause
Should a provision of an agreement be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The ineffective or unenforceable provision shall be deemed replaced by an effective and enforceable provision that comes closest to the economic purpose pursued by the ineffective or unenforceable provision. This shall apply analogously if a loophole in an agreement becomes manifest.
11. Applicable Law and Venue
11.1 Insofar as a choice of law is permitted, the contractual relationship between the customer and the dealer shall be subject solely to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 Subject to deviating mandatory statutory provisions, disputes and differences of opinion arising from or in connection with the agreement reached between the parties, including their validity, invalidity, infringement or cancellation, shall be decided solely by the due courts at the respective venue of the dealer.