All business relationships between us, STUDIO FROM SCRATCH GmbH, Glärnischstrasse 297, 8708 Männedorf, Switzerland and its brand FAIR bicycle (herein after referred to as «FAIR bicycle»), and customers residing worldwide who use FAIR bicycle’s internet offerings including, but not limited to, FAIR bicycle’s online shop, shall be subject exclusively to the general terms and conditions set forth below in the version applicable at the time of ordering, unless agreed upon otherwise in writing. The customer’s general terms and conditions shall apply only if approved by FAIR bicycle in writing.
2. Offerings and Formation of Purchase Agreement
The presentation of products in FAIR bicycle’s online shop shall not constitute a legally binding offer, but rather a non-binding invitation to place an order. Errors in the presentation shall be reserved. The right to customary deviations from the images and descriptions in FAIR bicycle’s brochures, price lists and catalogs and to deviations that result from legal regulations or constitute technical improvements and the right to replace parts with equivalent parts so far as they do not compromise the usability of the respective product for the contractually agreed-upon purpose shall be reserved.
The customer can move products to the virtual shopping cart with a click of the mouse. All products selected will be shown in the virtual shopping cart to enable the customer to review his/her order. By clicking the submit order button, the customer submits a binding offer for the formation of a purchase agreement regarding the products previously moved to the virtual shopping cart. The customer shall be bound by said offer for the duration of the period indicated in the product description. The customer’s order shall be forwarded to FAIR bicycle and the customer shall receive an electronic order confirmation by e-mail without undue delay. FAIR bicycle expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and FAIR bicycle shall not be concluded until FAIR bicycle has sent an order confirmation by e-mail or has delivered the product(s) to the customer.
3. Product Availability and Delivery
In the online shop, the customer can see which products are available for immediate shipping, temporarily unavailable, or made-to-order. All products shall be subject to the delivery deadline indicated in the relevant product description.
Delivery shall be made to the delivery address provided by the customer. Such delivery address may deviate from the billing address. Where the customer has not provided a delivery address, delivery shall be made to the billing address.
FAIR bicycle shall have the right to make partial deliveries if and when such partial delivery
- is useful to the customer under consideration of the contractually agreed-upon purpose intended, and
- does not entail any material additional effort or additional costs for the customer.
4. Transfer of Risk
If the customer is a consumer, the shipping risks shall be assumed by FAIR bicycle irrespective of the shipping method. If the customer is a businessperson, risk shall pass to the customer as soon as FAIR bicycle has handed over the products to the contracted forwarder or carrier or other delivery company appointed to execute the shipment.
5. Pricing and Shipment Costs
All prices in FAIR bicycle’s online shop are in Swiss Francs (CHF), Euro (EUR) or US Dollars (USD) and include packaging and VAT for Switzerland, the European Union and the United States as well as Canada. For the European Union and the United States as well as Canada custom duties are included in the price, as the products are imported to the respective country by FAIR bicycle. For countries other than the European Union and the United States as well as Canada, the respective national VAT will be charged to the customer by either the delivery company or the national customs agency. The applicable custom duties will be charged to the customer by either the delivery company or the national customs agency. Delivery from Männedorf is either free, as declared in the virtual shopping cart, or shall be at the customers expense from Männedorf.
Shipment costs as set forth in FAIR bicycle’s online shop shall be carried by the customer.
The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card or cash before delivery. Credit cards shall be accepted as conditional payment. FAIR bicycle accepts American Express, VISA and Mastercard credit cards. If the customer opts to pay cash before delivery, FAIR bicycle’s bank information shall be provided to the customer on FAIR bicycle’s invoice.
If the customer chooses to pay by invoice, the purchase price is due for payment 14 days after dispatch of the invoice. If the customer does not pay by this date at the latest, he shall be in default without a separate reminder.
7. Retention of Title
FAIR bicycle reserves title of ownership in the products delivered by FAIR bicycle until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Right of Revocation
Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.
Instructions Regarding the Right of Revocation
Right of Revocation
You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14 day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier acquired possession of the last part of the delivery.
To exercise your right of revocation, please mail or e-mail a conclusive declaration stating your decision to revoke this purchase agreement to STUDIO FROM SCRATCH GmbH, FAIR bicycle, Glärnischstrasse 297, 8708 Männedorf, Switzerland (email@example.com, phone +41 76 533 00 25). To comply with FAIR bicycle’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation before the revocation period expires.
If you revoke this agreement, FAIR bicycle shall reimburse you for your purchase without undue delay and in any event no later than 14 days after the date on which FAIR bicycle received your declaration of revocation of this agreement. For such reimbursement, FAIR bicycle shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. In no case shall FAIR bicycle charge you any amounts for such reimbursement. FAIR bicycle shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) in perfectly new condition by FAIR bicycle or the provision of proof by you that you returned the product(s) in perfectly new condition.
You undertake to return by post or in person the product(s) to FAIR bicycle without undue delay and in any event no later than 14 days after the date on which you informed FAIR bicycle of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14 day period. You shall bear the costs for the return shipment of the product(s). You will be liable to pay for any loss in value of the product(s). The product has to be returned in new condition.
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.
FAIR bicycle’s liability for defects in materials shall be subject to the applicable legal regulations.
10. Dispute Resolution
Information regarding alternative resolution of disputes in consumer matters:
In any case we would like to solve any problem in a friendly, positive and constructing manner. Please get in touch with any question, uncertainty or problem you encounter with anything regarding our products or company. FAIR bicycle is not willing or obligated to participate in any dispute resolution before a consumer protection entity.
11. Changes to these General Terms and Conditions
FAIR bicycle reserves the right to change these general terms and conditions at any time under consideration of a reasonable period of notice. FAIR bicycle undertakes to publish any and all changes on its website at www.fairbicycle.com
12. Final Provisions
The laws of Switzerland shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction shall be the location of FAIR bicycle’s registered offices if the customer is a private person, a businessperson, publicly owned corporation or public-law entity with special public funding. However, FAIR bicycle reserves the right to sue the customer at the location of the customer’s registered offices or residence.
TERMS & CONDITIONS
Online Shop General Terms and Conditions
STUDIO FROM SCRATCH GmbH, FAIR bicycle, Männedorf, Switzerland
Date of last revision: July, 2021