1. Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all transactions concluded by Farie AG online (“webshop”). Farie AG reserves the right to amend these GTC at any time.
The respective current version of these GTC at the time of the transaction shall apply. GTC of the buyer or deviating conditions are recognised only insofar as Farie AG has expressly so agreed. The range of products and services in the webshop are aimed exclusively at private customers resident in Switzerland who do not use the purchased products commercially. Deliveries are also made exclusively to addresses in Switzerland.
The respective offer applies for as long as the product is offered in the webshop but is always subject to changing prices. It cannot be ruled out that, in the case of great interest in a product, this product would appear to still be available in the webshop but is actually no longer available. All information on availability is therefore provided without guarantee and may change up until the conclusion of a purchase contract.
2. Prices and scope of performance
The prices stated for the vehicles and other products are indicative; the effective prices may deviate from these and are given at the checkout in the webshop. The prices for the services can be viewed with selection of the individual services in the webshop. Prices are in Swiss francs, net and including VAT. They may be amended by Farie AG at any time up to conclusion of the contract without notice. Not included in the prices are delivery, additional work, material, replacement vehicle and further services.
3. Image and description of the vehicle
The pictured vehicles correspond in make and type; however, illustrations and symbolic images are sometimes used. There may therefore be deviations between the product photos for the vehicle and the original. This means that the product photo in the webshop is non-binding and serves illustrative purposes only. The vehicles are described in the webshop. The information provided on the vehicles applies subject to any construction changes ex works or certified modifications undertaken retroactively. Information regarding fittings, colour, weight, usage, dimensions, operating costs and similar provided in the webshop, in offers, in advertisements, in order confirmations, etc., has been compiled by Farie AG to the best of its knowledge.
The values given should be understood as approximate values and may in individual cases deviate from the actual values. Any deviations, in particular such that they are attributable to modifications on the part of the manufacturer, do not entitle the customer to provision of the vehicle and products at the values published. Should significant deviations occur, Farie AG reserves the right to make the corresponding adjustments to its offers.
Farie AG offers its vehicles and other services solely online in the webshop. By clicking on the Purchase button, the buyer confirms his/her interest in the purchase of the corresponding vehicle, product or service. The purchase of the vehicle is contingent upon order confirmation by Farie AG and – to the extent applicable – upon financing and/or the conclusion of a guarantee contract with the partner company.
5. Conclusion of contract
The products and prices in the webshop apply as non-binding offers by Farie AG. The offer is always subject to availability as well as to price amendments. A purchase contract between the customer and Farie AG is only concluded for vehicles or services once Farie AG has sent the customer an order confirmation by email and – to the extent applicable – the customer has agreed to all terms and conditions of the insurance and financing partners.
6. Order confirmation, deposit and payment
Farie AG sends the customer an order confirmation by email as quickly as possible after the order is placed. The purchase contract is only concluded once the order confirmation from Farie AG has been received. The payment term for the invoice amount specified on the order confirmation is 10 days after receipt of the order confirmation.
The amount must be transferred to Farie AG’s bank account as specified in the order confirmation. The purchase price or the confirmation of financing from the finance partner must be received by Farie AG in any case 3 days before the delivery or pick-up of the product. If the invoice amount is not transferred in time, Farie AG reserves the right to withdraw from the contract and shall notify the buyer of this withdrawal by email.
Farie AG can require a deposit. If a deposit has been paid, Farie AG will reimburse this if the purchase contract is not concluded.
7. Retention of title
Vehicles and accessories remain the property of Farie AG or the financing institution until payment in full of the purchase price plus any applicable default interest and other obligations. Until full transfer of ownership, the customer may not dispose of the vehicles or other products in any way that would limit the right of ownership or impede or prevent its exercise; in particular, vehicles and other products may not be sold, leased, given away or pledged until full transfer of ownership. Farie AG or the financing institution is entitled to register a reservation of title.
8. Sale of vehicles by the customer to Farie AG
If the customer sells a vehicle to Farie AG or trades one in as payment, he/she expressly declares that:
– he/she is the sole and unencumbered owner of the corresponding vehicle and no claims by third parties or reservations of title exist;
– he/she will clearly notify Farie AG if the vehicle is a leasing vehicle with an ongoing contract;
- the vehicle is accident-free;
- the mileage on the clock corresponds to the actual mileage driven;
- he/she is unaware of any concealed defects;
- he/she bears the risk of loss, damage or depreciation until handover of the vehicle to Farie AG;
If and to the extent that concealed defects in the vehicle are discovered within 12 months of handover of the vehicle to Farie AG, Farie AG can assert these defects and the customer must compensate accordingly.
Warranty is fully excluded to the extent permissible by law. Insofar as additional material guarantees are concluded through the partner Quality 1, Bubikon, their terms and conditions of insurance apply and they are the exclusive contractual partner in this regard. If the vehicle still has an ongoing manufacturer’s warranty, any services owed thereby shall be provided by a retail representative (brand representative) of the manufacturer. If a manufacturer’s warranty exists, the date in the manufacturer’s system or any contractually agreed commencement of guarantee shall be decisive for the commencement of the warranty period.
The customer must report any defects to Farie AG immediately after discovery or have these checked by the latter. Repairs carried out without reports will forfeit the warranty claims, except in cases of imminent danger. The customer must surrender the vehicle to Farie AG or the warranty partner on request for repairs. Farie AG and the warranty partner are entitled to have rectification carried out by a third party. In place of all other warranty claims, the customer has exclusively a claim to the elimination of defects by means of rectification in the form of the repair or replacement of the defective components and of any further damage to the vehicle directly caused by he defective component. If a significant defect cannot be eliminated despite repeated rectification, the customer is entitled to demand a reduction in the purchase price or the rescission of the contract.
The customer is not entitled to replacement delivery. In the case of rescission of the contract, the mileage driven must be compensated at a rate of CHF 2/km and any amount of the purchase price already paid shall bear interest (interest rate 1% above the Berner Kantonalbank’s rate for variable mortgages) Any additions or modifications as well as their assembly and removal will not be compensated and must be removed on request from Farie AG. Rectifications do not extend the general warranty period for the vehicle. All warranty obligations lapse when grounds for the exclusion of liability (see No. 16) exist. Natural wear and tear precludes the warranty obligation in every case. Farie AG is not liable for any still applicable manufacturer’s warranty. This includes the case that a customer should have bought additional warranties despite applicable manufacturer’s warranty. Double guarantee periods cannot be asserted vis-à-vis Farie AG.
10. Viewing and delivery dates
The customer has the right at any time to inspect the desired vehicle and, where possible, to take it for a test drive. Viewing dates can be arranged exclusively through the webshop. Farie AG makes every effort to arrange the delivery date as far as possible in accordance with the customer’s wishes. Delivery dates as stated in the order confirmation cannot be guaranteed (see also No. 11 below). The fixed booking of a delivery date can be made exclusively online through the webshop. Bookings for viewing or delivery dates only become binding for Farie AG once these are return-confirmed by email.
Once order confirmation has been sent out, an individual delivery date will be agreed with the buyer. Such dates are non-binding, since delivery delays may occur. Delivery delays of up to 90 days must be accepted by the customer. Once this period has expired and a grace period of at least 30 days granted in writing by the customer, he/she can withdraw from the contract without liability for damages being incurred by means of written (registered delivery) statement to Farie AG. The customer expressly waives the assertion of claims arising from delayed delivery of the object of purchase. In particular, there is no claim to a replacement vehicle. On request, the vehicle will be delivered to your home in accordance with the costings stated in the webshop (“home delivery”). Handover is by a specialist in the name of Farie AG. If handover fails because the customer is not present at the agreed time window, a fee of CHF 100 will be charged.
The costs of delivery will not be reimbursed or offset against any further delivery. In the case of an on-site delivery, the vehicle is located at the respectively indicated location of Farie AG. The vehicle can be handed over by arranging an appointment at the location. Handover is by a specialist in the name of Farie AG. Rights and obligations are transferred to the buyer upon handover. Prerequisite for the handover of the vehicle is the signing of the handover protocol.
12. Right of return
The customer has a right to return the vehicle within 14 days of the first delivery date.Any usage will be billed to the customer as follows:
– for up to 250 km driven, the customer will not be charged any mileage.
– for 250 km or more driven, the additional mileage will be charged at a rate of CHF 2/km.
– for 500 km or more driven, Farie AG reserves the right to refuse right of return.
For the return of the vehicle, Farie AG and the customer agree a return date at Farie AG’s location, for which Farie AG shall schedule a vehicle expert. The costs for the vehicle expert, amounting to CHF 200, shall be borne by the customer. The customer is entitled to engage a vehicle expert at his/her own expense. If damage is discovered during the expert inspection, this must be borne by the customer. In the event of major defects or damage (accident damage, etc.), Farie AG reserves the right to refuse right of return.
Any additions or modifications as well as their assembly and removal will not be compensated. Any dismantling must be borne by the customer. Costs incurred as a result of additional mileage, damage and similar must generally be settled through deduction from the reimbursement of the purchase price. If home delivery was selected for delivery, the customer has the choice of bringing the vehicle back himself/herself or having it picked up. If the customer chose on-site delivery for the delivery of the vehicle, he/she has no choice in this regard and it must be brought back to Farie AG by the customer.
13. Default of the parties
If the customer falls into default with acceptance or the payment of the purchase price, Farie AG can (i) send the customer a written reminder, (ii) set a grace period of 30 days and (iii) after expiry of this grace period and at its discretion (a) insist in writing on the fulfilment of the purchase contract and demand compensation from the customer due to delay; (b) waive performance/acceptance by the customer and demand compensation from the customer in the form of a contractual penalty amounting to 20% of the price of the vehicle or product due to non-fulfilment; (c) withdraw from the contract, whereby Farie AG can demand compensation from the customer for damage caused by the loss of the contract. The parties recognise the purchase contract as an acknowledgement of debt. Delay in delivery by Farie AG is regulated by No. 11. The buyer has no claims in the case of default by Farie AG.
14. Transfer of risk
Until the time of the handover of the vehicle to the customer, Farie AG bears the risk of loss, damage or depreciation. Benefit and detriment pass to the customer on the scheduled first handover date, irrespective of whether or not the customer is in default of acceptance or of payment.
Farie AG’s liability is limited, to the extent permitted by law, to intent and gross negligence. A contractual or non-contractual liability for ancillary agents is excluded.
Farie AG is liable in no case for (i) slight negligence, (ii) indirect damage or consequential damage, (iii) loss of profit or non-achieved savings, and (iv) damages from delay in delivery. Farie AG’s liability is also excluded for (i) non-contractual, unlawful or improper use, custody or storage of vehicles or products, (ii) execution of repairs, modifications or adaptations by non-certified persons, (iii) omission of regular servicing, (iv) the use of operating materials or the use of unapproved replacement parts, accessories and charging components.
In the event of force majeure (fire, water, natural catastrophes, unrest, war, riots, boycott, embargo, sabotage, strikes, pandemics and other events) and in the case of official orders, Farie AG’s liability expires and any dates agreed will be extended appropriately.
16. Prohibition of offsetting and assignment
The customer is not entitled to set off its claims with claims by Farie AG. The customer may not transfer the contractual relationship with Farie AG to a legal successor without the written consent of Farie AG; likewise, claims from the contractual relationship with Farie AG may not be assigned to third parties without the written consent of Farie AG.
17. Data privacy
18. Partial invalidity
Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole. Invalid or unenforceable provisions shall be replaced by a provision that comes closest economically to the invalid or unenforceable provision. Any gaps in the GTC shall be filled by provisions that come closest in terms of meaning and purpose to that which the parties would have agreed, had they considered the point in question at conclusion of the corresponding agreement.
19. Applicable law and jurisdiction
All legal relationships between Farie AG and the customer are subject to material Swiss law. The Vienna Sales Convention is not applicable. Jurisdiction for all disputes arising from this contract is the place of the registered office of Farie AG in Bannwil, Bern.
Farie AG retains the right to initiate judicial procedure at the buyer’s location. Excepted from the clause on jurisdiction are cases in which civil procedural law prescribes a differing place of jurisdiction.