GENERAL TERMS AND CONDITIONS

1. scope and extent

These General Terms and Conditions (GTC) apply to all business relations between you and the online store www.mazzanares-parts.ch of Mazzanares Parts, Grenzweg 3, 2540 Grenchen (hereinafter referred to as mazzanares-parts; we) for the used and untested products that you purchase through our online store.

We reserve the right to change the GTC at any time; the GTC current at the time of placing the binding order shall apply. Any GTCs deviating from and/or conflicting with these GTCs shall not apply between you and us.

You must carefully read the GTC with the following provisions. A binding order may only then be placed. By placing a binding order in our online store, you agree to the following terms and conditions and our privacy policy https://mazzanares-parts.ch/datenschutz/ agree You also expressly declare that you are at least 18 years old, resident in Switzerland and authorized to enter into legally binding contracts.

2. conclusion of a purchase contract

The representations of our products in the online store do not constitute a legally binding offer. Our online store is a non-binding online catalog, consequently a non-binding proposal to order the products in our online store. We therefore reserve the right to change products and content (e.g. images, prices, descriptions, etc.) at any time and without notice. We would like to point out that all illustrations, pictures, advertising and other information in connection with our products are for your information only; they are not binding on us.

You can place a binding order for the desired products in our online store. To do this, you select products, which are then placed in the so-called “shopping cart”. The mere placing in the “shopping cart” is not yet considered a binding order. The order is not binding until you click on the “Order” button in the order overview at the end of the ordering process. Before sending the order, you can change all the information, identify any input errors and correct them if necessary before the binding order.

Following your binding order submission, you will immediately and automatically receive an order confirmation. The order confirmation contains the details of your order. We recommend that you save the order and especially the GTC on your device. In the matter we point out to you that with the sending of the order no sales contract comes off yet. However, by sending the order, you confirm that you have read the GTC and agree to them without reservation.

After your binding order and acceptance of the T&C, we are free to either accept your order or reject/cancel it by sending you an appropriate notification via email and without assuming any liability towards you or any third party, at our sole discretion. Any payment already made by you will be refunded in the event of rejection/cancellation.

In any case, the following reasons, as well as other important reasons, constitute a permissible reason for rejection/cancellation: A product is no longer available; we do not receive authorization for payment; payment is not received; you are in violation of the TOS; you are committing fraudulent and/or other criminal activity.

The binding purchase contract is created by our acceptance of the order. Acceptance takes place by shipment of the ordered products. The exception to this rule is the purchase of engines and frames; in this case, the purchase contract is created when we confirm the purchase.

We point out that the commercial distribution or resale of our products is prohibited.

3. availability and reservation of performance for non-deliverable products

All information on the availability of our products and information on shipping and delivery are preliminary and are considered approximate. These are neither binding nor guaranteed shipping and delivery dates. We assume no liability for unavailable products or for delays in shipping and delivery; liability for this is expressly excluded.

Our products are available while our stocks last. If we find that there are not enough products, we will inform you immediately. In this case, the contract between you and us is not concluded. Furthermore, we reserve the right to limit the number of items per order and/or customer. In this case, we will inform you immediately by e-mail.

4. prices and shipping costs

The prices of our products are the same as those in the online store. Prices are quoted in Swiss francs.
You can see the total price of your order, including any additional and/or shipping costs, at the end of the order process. Depending on the delivery method, this must be adjusted: For shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and are to be paid by the customer.

You declare with the binding order that you agree with the displayed total price of your order. This price cannot be adjusted afterwards.

We reserve the right to change prices at any time. The date of the binding order is decisive.

5. terms of payment / credit check

Your orders are generally due for payment immediately. You have the option to pay the total price using the options displayed in the online store. However, we reserve the right not to offer certain payment methods in specific individual cases. In this case we refer to other payment methods.

You expressly authorize us, at our sole discretion, to perform credit checks and to disclose data from you to third parties for this purpose.

You authorize – with the choice of the means of payment – the payment optionally by entering the credit card data or access data of a payment service provider. You authorize us to collect or collect payments to the appropriate extent. If there are any chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. In no event will we be liable for any fees and/or other amounts charged to you by your card issuer or bank as a result of processing your order for payment.

We reserve the right, should you pay by credit card or alternative payment method, to check the validity of the relevant card, to check the availability parameters and address details and to request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the entered payment data is correct. In any case, if the payment is refused, we reserve the right to cancel the order and refuse to ship the products. You will receive an e-mail from us immediately in this case.

If we offer you payment by invoice or prepayment, you will receive the invoice and the payment slip either in advance by e-mail or together with the ordered products. Payment must be made using the payment slip and within the specified period. If no payment is made on time, we are entitled to cancel the delivery (prepayment). If payment is not made on time when ordering by invoice, we are entitled to charge our expenses with reminder fees in the amount of CHF 25.00 per reminder in addition. In addition, we charge further costs associated with the collection as well as the statutory interest on arrears. Should the initiation of a debt collection be necessary, we will charge an additional processing fee of CHF 200.00.

6. delivery conditions

The cost of delivery is calculated according to the order summary at the end of the order. Delivery is always made via the delivery service of the Swiss Post. The following delivery services are used for deliveries to the EU or USA: Swiss Post.
Any customs duties are not indicated in the order overview; customers will receive a separate invoice from the respective office (see section 4 above).

The goods that you order from us in the online store will be delivered to you within 6-16 working days after receipt of full payment, depending on the destination and availability of the products. As far as products are marked as “not in stock” when ordering, we cannot deliver them; they are second-hand items; a subsequent delivery cannot be guaranteed.

We make every effort to meet the stated delivery times. We are in no case responsible for delays in delivery; this regardless of their causes. You will be informed by us about delivery delays immediately by e-mail.

If a delay in delivery lasts more than 3 weeks beyond the original delivery date, you are entitled to cancel your order. Further claims, in particular claims for damages, lost profits, etc., are excluded.

7. no delivery for motors and frames

No delivery is made for motors and frames; delivery is excluded. These purchase items must be picked up from us. The collection must take place within two weeks.

If the goods are not collected within the aforementioned period, we will invoice you for the storage costs (flat rate per day). The storage costs are a flat rate of CHF 5.00/day. The storage costs are to be paid in cash upon collection.

8. retention of title

We remain the owner of the ordered products until they are paid in full. This also applies to any (open) storage costs pursuant to sec. 7. we may refuse delivery of the objects of purchase until the purchase price and/or the storage costs have been paid in full.

9. right of withdrawal and return (only if resident in the EU)

You as a consumer are entitled to a right of withdrawal within 14 days for purchases in our online store without giving reasons. You can withdraw from the contract within 14 days after receipt of the goods or a third party named by you, who is not the carrier, by returning the goods to us or by informing us in writing (e.g. a letter sent by post, e-mail, etc.) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is met if the goods or the revocation notice is handed over to the post office or another transport company for return or shipment on the last day.

Prerequisite for the exercise of the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address. Mazzanares Parts, Grenzweg 3, 2540 Grenchen.

If you revoke the contract, and if the goods are properly returned, we will refund the total price paid by you, including delivery costs (with the exception of costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without undue delay and no later than 14 days from the day on which we received notification of your revocation of this contract or the goods have been received by us. The repayment is based on the original payment method used and is always made to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Please make sure that you have access to the specified account, as we assume no liability in this regard.

The return costs are to be borne by you. We will not reimburse you for them. We will only refund the aforementioned amounts (total price, incl. delivery costs), but not the return costs in the event of cancellation.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functionality of the goods.

10.Warranty

We sell used parts of vehicles (second-hand items). These parts are not tested for serviceability and/or general functionality nor is this guaranteed. The sold parts are removed from the respective vehicles, roughly cleaned and offered in our online store. You therefore acknowledge and agree that we do not provide any warranty in respect thereof.

Any warranty is excluded, in particular rescission and reduction are excluded. No warranty is provided. Due to the fact that these are second-hand items, no replacement delivery can be offered.

Notwithstanding the foregoing, you shall inspect our products immediately upon receipt for accuracy, completeness and any damage. Defects or damage must be reported to us in any case within 5 working days. If you do not inspect the products and/or do not report the defects immediately, the product shall be deemed approved and you shall no longer be entitled to make any claims against us.

For complaint notification or service questions, we are available at the following address (by mail or e-mail) with the order number, customer number, a description of the error and other helpful information:

Mazzanares Parts, Grenzweg 3, 2540 Grenchen, info@mazzanares-parts.ch

11. account registration

When registering a customer account, customers can view information about completed, open and recently shipped orders, as well as manage and store address data, any payment data and a possible newsletter. The customer data is thus saved; there is no need to re-enter it when placing a new order.

You are responsible when registering your customer account and must provide your personal data required for registration truthfully and completely. You undertake to treat the personal access data to the customer account confidentially and not to make them accessible to unauthorized third parties. We assure that the customer data will be treated confidentially and will not be passed on to third parties. For further information on data protection, please refer to our privacy policy at https://mazzanares-parts.ch/datenschutz/.

Registration in our online store is free of charge. You are only entitled to one customer account. We reserve the right to delete multiple accounts and, should you violate the TOS, to admonish, block or delete and/or modify the content.

We are also not obligated to accept the registration and/or order from you, even if you are a registered customer.

12. liability

We shall be liable in the event of a breach of our own obligations under these GTC and the contractual relationships based thereon for damage caused and proven to have been caused by us through unlawful intent or gross negligence. Liability, whether in contract, tort or otherwise, is expressly excluded for ordinary and moderate negligence and for indirect and consequential damages. Indirect damages include, for example, lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of our services. Furthermore, we do not assume any contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.

The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, limb and health caused directly by us or in the event of mandatory statutory provisions.

In any case, regardless of the reason and/or type of claim, and to the extent permitted by law, the total liability is limited to the price of the products you ordered and received from us.

In the event of events beyond our control and influence (so-called force majeure), we shall not be liable or responsible for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond control occurs, for example, in the event of strikes, protests, shutdowns or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor lines or other means of public or private transportation.

In addition, if an event outside our control occurs so that the performance of our obligations under the contract is affected, we will inform you as soon as possible.

13. data protection

We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of customers’ personal data, rights and related issues, please refer to our Privacy Policy at https://mazzanares-parts.ch/datenschutz/, which forms an integral part of these GTC.

14. copyright

The information and content published in the online store are protected by copyright and are our property or the property of the respective rights holder. The reproduction, processing, distribution or any other form of exploitation are not permitted and require our prior written consent, resp. the consent of the respective rights holder. We and/or the relevant rights holder expressly reserve all rights in this respect.

15. severability clause

If any provision of these GTC is or becomes illegal, invalid or unenforceable, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same applies to any gaps in these GTC.

16. dispute resolution online

The European Commission has set up an online Alternative Dispute Resolution platform for EU-based consumers, which provides an out-of-court procedure for resolving all disputes relating to and arising from online sales contracts. You can use this platform to settle disputes arising from the online contract concluded with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/.

17 Applicable law and place of jurisdiction

These GTC, the contractual relations based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for you as a natural person is either our registered office or your place of residence. For you as a legal entity, our registered office is the exclusive place of jurisdiction.

Mazzanares Parts, version October 2023