1.1 This online shop offers the customer the possibility to individually configure his e-bike from myStromer AG to his personal wishes and requirements using the online configurator provided and to place a bindingpurchase order with the Stromer dealer of hischoice.
1.2 In addition to the Stromer e-bike, 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 e-bike 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 themselves 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 his choice (hereinafter referred to as „dealer“). If the customer does not select an authorized dealer, he will be assigned a dealer in his region on the basis of the order data. In this case the purchase contract shall be concluded betweenthe customer and the assigned dealer.
2.2 These T&Cs shall apply in the latest version 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 beordered 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 him of the order status and agree on terms of payment with the customer. The purchase contract shall bedeemed 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 orderis fundamentally excluded. Any amendment to thepurchase contract shall require the prior consent ofthe dealer in all cases. All costs arising out of theamendment shall be for the account of the customer.
4. COLLECTION, DUE DATE AND PAYMENT
4.1 As soon as the Stromer e-bike configured to the customer‘s wishes is ready for delivery, the dealer shallinform the customer and agree on a handover date.
4.2 The customer is bound to make payment in advanceof fulfillment of the contract. The ordered goods shallbe handed over only after receipt of payment in accordancewith the agreement with the dealer.
4.3 Payment of the remaining purchase price shall bedue at the time of delivery. In the case of paymentby credit card, by bank or giro transfer, or in the caseof cash transfer, the remaining purchase price shallbe deemed to have been paid only when the correspondingfinancial institute confirms the unconditionalreceipt of payment to the dealer.
4.4 If the customer fails to collect the e-bike as agreed,the dealer can declare his withdrawal from the contractwithin 30 days or continue to demand acceptance.In both cases the right to assert claims fordamages is reserved.4.5 Should, in exceptional cases, the goods be handedover before full payment of the purchase price, or ifthe payment should later be found to have not beenmade in full, the dealer shall be entitled to record aretention of title with the responsible authorities.
5. PRICES AND DEFAULT - RECURRING COSTS
5.1 The prices shown on the website shall be understoodas indicative prices including VAT.
5.2 If, in exceptional cases, the dealer grants the customera period for payment and this period expireswithout payment being received, default in paymentshall automatically commence without this requiringa reminder. In this case the customer shall beliable to pay interest on arrears of 5% p.a. This shallnot affect the right to claim further damages, in particularwith regard to the enforcement of the claim.
5.3 Some Stromer e-bike functions (e.g. Omni functionson the ST2) require an exchange of data via a mobilephone network. A valid data subscription must betaken out with myStromer AG for this.
5.4 If the customer uses Stromer e-bike functions (e.g.Omni functions on the ST2) via a smartphone (via anapp), additional costs may be incurred for the datalink via the smartphone that the mobile phone networkoperator may charge to the customer. The mobiledata exchanges via the smartphone presupposesthe prior installation of the corresponding Stromerapplication (app).
6. MANUFACTURER'S GUARANTEE / EXCLUSION OF THE STATUTORY WARRANTY
6.1 The dealer‘s and manufacturer‘s statutory warrantyshall be excluded to the extent permitted by law.
6.2 The statutory warranty shall be replaced by the guaranteeterms as described on the myStromer AG website(www.stromerbike.com) or which can be examinedon the premises of the respective dealer.
7.1 Claims for damages by the customer are precluded tothe extent permitted by law.
7.2 This liability waiver shall apply to any form of breachof duty by the manufacturer and the dealer or by athird party engaged by manufacturer or dealer inconjunction with the concluded contract regardlessof whether such breach is founded on the concludedcontract or on any other legal grounds.
8. DATA PROTECTION AND DATA PROCESSING
8.1 Manufacturer and dealer comply with the Swiss Data Protection Law in theprocessing of personal data.
8.2 Various data have to be collected, stored and processedin order to allow certain Stromer e-bike functions(e.g. Omni functions with the ST2) to be used.The data are collected primarily via the Stromere-bike, the data storage and data processing, on theother hand, is carried out on a central server of myStromerAG or of partners of myStromer AG.
8.3 The customer also has the possibility of having additionalpersonal data registered and managed.
8.4 The customer is aware that the electronic links betweene-bike, user‘s computer and/or smartphoneand the Stromer servers result in an identification ofthe user. Stromer expressly declares his consent that the datagenerated within the context of the use of certainStromer e-bike functions (e.g. Omni functions withthe ST2) are collected, stored and processed.
9. ANMENDMENTS / ADDITIONS
9.1 Amendments and additions to written agreementsshall require the written form and the consent ofboth parties for their validity. This shall also apply toany waiver of the requirement for the written form.
9.2 Manufacturer and dealer reserve the right to amendthese T&Cs at any time.
10. SEVERABILITY CLAUSE
10.1 Should a provision of an agreement be or becomeineffective or unenforceable, this shall not affect thevalidity of the remaining provisions. The ineffectiveor unenforceable provision shall be deemed replacedby an effective and enforceable provision that comesclosest to the economic purpose pursued by the ineffectiveor unenforceable provision. This shall applyanalogously if a loophole in an agreement becomesmanifest.
11. APPLICABLE LAW AND VENUE
11.1 Insofar as a choice of law is permitted, the contractualrelationship between the customer and the dealershall be subject solely to Swiss law, to the exclusionof the United Nations Convention on Contracts forthe International Sale of Goods (CISG).
11.2 Notwithstanding deviating mandatory statutory provisions,disputes and differences of opinion arisingfrom or in connection with the agreement reachedbetween the parties, including their validity, invalidity,infringement or cancellation, shall be decidedsolely by the due courts at the respective venue ofthe dealer.
Phone +41 31 848 23 00
Fax +41 31 848 23 01