General Terms and Conditions of Intercycle AG (BIXS Manufacturer)

 

1. Validity

The following General Terms and Conditions (GTC) are an integral part of the contract between intercycle ag (hereinafter: supplier) and the customer/purchaser/buyer (hereinafter: customer). The supplier does not recognize deviating terms and conditions of the customer, unless the supplier has expressly agreed to their validity in writing in individual cases prior to the conclusion of the contract.

 

2. Offer and conclusion of contract without personalized offer

The supplier's offers represent non-binding invitations to order on the part of the customer. They are subject to availability and can be changed at any time, and an order placed by the customer constitutes a binding contractual offer. A contract shall only come into effect upon written order confirmation by the supplier or upon handover/delivery of the goods. An order placed by the customer is accepted on the terms and conditions applicable at the time the contract is concluded. Silence on the part of the supplier does not constitute consent or acceptance of the customer's order.

Information provided by the supplier before the customer's order as part of an offer or order processing shall only be binding as agreements on the quality of the supplier's deliveries or services if they are expressly confirmed as binding by the supplier in writing with a written order confirmation or thereafter. Price lists, brochures, manuals and similar do not constitute such confirmations. Information designated as reference values shall only serve to give the customer an approximate impression and shall never be considered guaranteed information.

 

3. Offer and conclusion of contract with individual offer

The supplier may prepare an individual offer if the customer expressly requests this. Such an offer by the Supplier shall also merely constitute an invitation to the customer to place an order. Unless otherwise agreed in writing, such an offer shall remain valid for 30 days. Any documents and samples provided in connection with the offer shall remain the property of the supplier.

Even in the case of an individual offer, a contract shall only come into force upon written order confirmation by the supplier or upon handover/delivery of the goods. If, after placing the order, the customer requests additional deliveries / services which were not part of the offer, then these shall be charged in addition to the price stated in the offer if the supplier agrees to their delivery / service.

An order placed by the customer is accepted on the terms and conditions valid at the time the contract is concluded. Silence on the part of the Supplier shall not be considered as consent or acceptance of the customer's order. Information provided by the supplier prior to the customer's order in the context of an offer or order processing shall only be binding as agreements on the quality of the supplier's deliveries or services if they are expressly confirmed as binding by the supplier in a written order confirmation or thereafter expressly in writing. Price lists, brochures, manuals and similar do not constitute such confirmations. Information designated as reference values shall only serve to give the customer an approximate impression and shall never be regarded as guaranteed information.

 

4. Ordering options

Orders can be placed electronically via the supplier's online stores.

 

5. B2C online stores

The customer can create a user account if he wishes to use the supplier's online stores. If he wishes to create a user account, he is obligated to provide the supplier with the information required to open a user account truthfully and completely. The customer is responsible for his user account, the protection of his user name and password and undertakes to treat the corresponding data confidentially and not to make it accessible to unauthorized third parties.

All orders placed via the online account are assigned to the customer as the online account holder and are binding. Any damage caused by misuse of the user account or incorrect manipulation shall be charged to the customer. The supplier shall not be liable for the misuse of the user name and password by third parties. The customer is obligated to notify the supplier immediately of any misuse of his user account. The supplier shall treat all access data as strictly confidential.

There is no entitlement to approval for a user account. The supplier is permitted to refuse to authorize a customer without giving reasons or to immediately cancel an authorization once granted at any time without prior notice and without giving reasons. Reasons for such a refusal/cancellation may be, for example: False or untrue information during registration, misuse of the information provided by the supplier or endangering the functionality of an online store, non-compliance with payment deadlines, insolvency or bankruptcy of the customer.

The customer has the right at any time to request in writing the cancellation of his registration as a customer or the deletion of the user account for the online store, as long as this does not threaten to impair the processing of ongoing contractual relationships. The supplier undertakes to delete all user data and all other personal data stored about the customer as soon as they are no longer required for the processing of ongoing contractual relationships and no longer need to be stored in compliance with statutory provisions.

 

6. Delivery terms
Unless otherwise agreed, the delivery will be made to the address provided by the customer during the setup of the user account or as part of the order. The delivery costs are the responsibility of the customer, including any potentially incurred components such as taxes, charges, fees, and customs duties. If the supplier initially covers such components of the delivery costs, they will be explicitly listed as price components.
Delivery dates are only considered binding if explicitly designated as such by the supplier in writing. All other delivery dates serve only as non-binding indications of the expected time of delivery. The customer cannot derive any claims from a delivery occurring later than announced.
Delivery dates refer to the time when the goods are shipped by the supplier or when the supplier has notified the customer that the goods are ready for delivery or available for pickup. Delivery periods begin when a completed contract is in place and when the customer has fully met their obligations under this contract (e.g., advance payment of the purchase price, provision of customer data necessary for delivery, etc.). Regardless, the supplier is entitled to fulfill the contract early.
The supplier selects the shipping method at their own choice and without guaranteeing the cheapest and/or fastest delivery. If the buyer requests a different method, they will bear any additional costs compared to the cheapest possible shipping method. The customer must inform the supplier during the contract negotiations and certainly before the contract is concluded if they have a preferred shipping method. Requests regarding the shipping method communicated by the customer only after the contract has been concluded can be considered by the supplier only in exceptional cases, and there is no entitlement to such changes.
If the supplier is prevented from fulfilling the delivery according to the contract due to reasons beyond their control, delivery and deadlines are extended by the duration of the delay and an appropriate start-up time after the end of the delay. The supplier will inform the client of the delay. This includes, in particular, delivery delays caused by manufacturers, suppliers, or other third parties. Other examples of such reasons are cases of force beyond control such as natural disasters, mobilization, war, armed conflicts, unrest, riots, epidemics, accidents and illness, significant operational disruptions, labor disputes, strikes, lockouts, excessive increases in the cost of raw materials, transportation means or traffic disruptions, as well as governmental measures such as export, import, and transit restrictions or bans.

7. Obligation to accept delivery
The customer is obligated to accept the products delivered by the supplier in accordance with the contract. If the customer refuses to accept the delivery, it is up to the supplier to decide whether to insist on fulfilling the contract or to withdraw from the contract. In any case, the supplier is entitled to charge a handling fee of 10% of the billed price. The right to claim further damages remains reserved.

8. Prices
All components of the final price are explicitly listed on the invoice (e.g., net purchase price, VAT, advance recycling fees, delivery costs, etc.). If no additional components are mentioned on any document other than the invoice (e.g., catalog, etc.) aside from the purchase price, the customer must assume that further price components may apply, such as VAT. Price and condition changes, item availability, as well as the correction of obvious errors and typos are reserved. Claims for damages resulting from obvious errors and typos are excluded.

9. Payment
Unless otherwise agreed in writing, the customer must pay the price for the goods/services they have purchased no later than at the time of contract conclusion. This payment must generally be made using the options specified under the section "Payment Methods." There is no right to partial payments. Such payments may only be permitted through an explicit written agreement.

10. Settlement
The right of offset is excluded. The raising of any counterclaims by the customer against the supplier does not relieve the customer of their payment obligation.

11. Customer payment default
If the customer fails to meet a payment deadline that may have been agreed upon and which is after the date of contract conclusion, the supplier may, without prior notice, either insist on fulfilling the contract and potentially claim additional damages, or withdraw from the contract, proceed with the contract reversal, and seek damages. The customer must pay an interest rate of 5% on the amount overdue from the moment of default, as long as the contract remains in effect.
A processing fee of CHF 30.00 will be charged for each reminder issued.

12. Modification / cancellation of an order
If a customer wishes to modify or cancel an order, they must inform the supplier as soon as possible. The supplier will notify the customer within two weeks whether the modification or cancellation can be accepted and what potential effects it may have on the delivery of services, prices, and delivery date. The supplier is bound by such a modified offer for two weeks.
Changes or cancellations of orders involving products that have already been shipped or delivered are excluded. The customer is asked to use the contact form available at www.intercycle.com/de/kontakt/ if possible.

13. Return of already shipped / delivered products
The return of products that are free from defects is generally possible. Such products must be returned in their original condition and unopened within 10 days of the delivery date, either by shipping or to the same sales location that handed the product to the customer. A handling fee of up to 20% of the invoiced price will be charged for delayed returns and deducted from the credit. The return of products that are returned after 30 days or more is generally excluded.
In any case, returns are excluded for products that have been custom-ordered, made, processed, or installed for the customer, for all electronic components, regardless of whether they have been custom-ordered, made, processed, or installed.

14. Transfer of risk and title
If delivery of the goods to the customer has been agreed upon, the transfer of risk and title for the ordered goods passes to the customer at the moment the goods are handed over to the carrier. If the customer or a third party designated by them picks up the goods from the supplier, the transfer of risk and title for the ordered goods passes to the customer at the moment the goods are handed over.

15. Retention of title
If the supplier and the customer have agreed that the customer does not have to pay the entire price before or at the time of contract conclusion, the supplier remains the owner of the delivered or handed-over products until they have received all payments contractually owed by the customer. The customer authorizes the supplier to register the retention of title in the property retention register (Art. 715 SCC) at the customer’s expense. The customer expressly agrees and consents that the supplier may independently carry out the registration with the relevant property retention register.
In the case of mixing and processing of the delivered products, the supplier retains joint ownership of the newly created item. Specifically, for processing, the supplier’s ownership is proportional to the invoice gross value of the delivered products relative to the value of the completed item. For mixing, the supplier’s ownership is proportional to the invoice gross value of the delivered products relative to the value of the other goods with which the product was mixed.
Once a retention of title has been registered, the customer is required to handle the goods with care and to insure them against all usual risks, particularly fire and theft, if the supplier expressly requests this. Proof of insurance must be provided upon request. The customer bears the costs of the insurance. The customer is obligated to assert claims from any damage incident against the insurance company at their own expense.
The customer is obligated to promptly inform the supplier in writing of any third-party claims. If the customer fails to do so, they will be liable for damages.

16. Inspection of supplier’s performance / complaint of defects
The customer is obligated to promptly inspect the supplier's performance for completeness, compliance with the delivery documents, and defects, and to report any noticeable deviations and defects in writing, specifying the order number. Incorrect deliveries are also considered defects in this context. If a complaint is not made within 7 days of receipt by the customer, the products are considered defect-free in all functions, and the service is considered accepted.
If defects become apparent at a later time that were not detectable upon careful inspection, a written complaint must be made to the supplier within 48 hours of their discovery. Otherwise, the product or work will also be considered accepted in relation to these defects.
Any costs related to the inspection shall be incurred by the customer.
To preserve the customer's rights, it is sufficient to send the complaint of defects in a timely manner. The customer has the option to return the product to the supplier. Additionally, the customer can leave the product at a supplier's branch for warranty service by the manufacturer and then pick it up again at the place of return. Returns are at the customer’s expense and risk. If the complaint of defects is found to be justified, the supplier will cover any return shipping costs; otherwise, these costs will be the responsibility of the customer.
The technical specifications of products originating from third-party manufacturers or licensors are provided to the supplier by the manufacturers of these products. Therefore, the supplier cannot guarantee the accuracy, completeness, and currency of this information, nor the suitability of a product for the customer's intended purpose. It is the customer’s responsibility to verify this suitability.

17. Warranty for Timely Complaint of Defects
For defects in the supplier's own products reported within the specified time, the supplier warrants by either repairing the product or providing a replacement free of charge. For defects in services provided by the supplier reported within the specified time, the supplier warrants by rectifying the identified defects at no cost.
For both of the previously mentioned warranty options, the supplier decides whether to fulfill the warranty at its own location, at the location of a potential subcontractor, or on-site at the customer's location.
The warranty for defects in products from third-party manufacturers or licensors purchased from the supplier is governed solely by the warranties provided by the respective third-party manufacturers or licensors. For defects in third-party products reported in a timely manner, the customer has only the right to require the supplier to claim the warranty with the third-party manufacturer or licensor on the customer's behalf. If the manufacturer or licensor does not voluntarily fulfill their warranty obligations, the customer authorizes the supplier to transfer the warranty rights to the customer for legal enforcement.
The supplier does not provide any warranty for normal wear and tear of products, or for defects resulting from improper handling, incorrect operation, improper storage, inadequate maintenance, extreme environmental conditions, use of unsuitable operating materials, non-compliance with operating instructions, excessive stress (such as use in racing applications for products not designed for such use), natural corrosion, force majeure, and other reasons not attributable to the supplier.
Warranty claims expire if the customer or a third party makes improper alterations or repairs.
The supplier informs the customer that using non-original spare parts may result in the loss of warranty and liability claims against the vehicle or equipment manufacturer. In this case, the warranty and liability will be subject to the warranty terms of the manufacturer of the non-original spare part.
Beyond the warranty obligations outlined in these GTC (General Terms and Conditions), the supplier also complies with the relevant statutory warranty rights.

18. Intellectual property rights
The supplier warrants, in accordance with the provisions of the clause 18, that the supplier's products are free from third-party intellectual property rights or copyrights that could be asserted against the customer and prevent the unrestricted use of the products. Each party will promptly notify the other party in writing if any claims are made against them regarding the infringement of such rights.
If a product infringes a third party's intellectual property right or copyright, the supplier will, at the customer's choice and at the supplier's expense, either modify or replace the product in such a way that no third-party rights are infringed, while still fulfilling the contractually agreed functions. If the supplier fails to achieve this within a reasonable period, the customer is entitled to either withdraw from the contract or reduce the purchase price appropriately. Any claims for damages by the customer are subject to the limitations set forth in clause 19 (Liability).
In the event of legal infringements caused by products from other manufacturers supplied by the supplier, the supplier will, at the customer's choice, either assert the customer's claims against the manufacturers and suppliers on behalf of the customer or assign these claims to the customer. Claims against the supplier in such cases, and in accordance with the provisions of the clause 18, exist only if the judicial enforcement of the aforementioned claims against the manufacturers and suppliers has been unsuccessful or is unlikely, for example, due to insolvency.

19. Liability
The supplier is liable for personal injury as well as for direct property damage caused intentionally or by gross negligence. Any further liability is excluded, to the extent permitted by law; this includes, in particular, pure economic loss, indirect damage, or consequential damages such as lost profits, as well as damage caused by the use of non-original parts. The provisions of the relevant product liability standards remain unaffected.
The supplier's liability for its subcontractors is excluded to the extent permitted by law.
Data communication over the Internet cannot be guaranteed to be error-free or available at all times according to current technology standards. Therefore, the supplier is not liable for the continuous and uninterrupted availability of the online trading system nor for technical or electronic errors related to the supplier’s webshops or other electronic communications, including delayed processing or acceptance of orders, unless such errors are attributable to the supplier.

20. Data protection
The supplier’s privacy policy is an integral and binding part of these General Terms and Conditions (GTC) and is attached as an annex at www.intercycle.com/shared/uploads/datenschutz-de.pdf. By accepting these GTC, the customer simultaneously agrees to the use of their data in accordance with the supplier’s privacy policy.

21. Copyright
The supplier's websites (www.intercycle.com, www.wheeler.ch, www.bixs.com, www.ridemustang.com), as well as catalogs and other written documents used by the supplier in connection with its business activities, are protected by copyright.
Any use of these documents, as well as the websites and any of their components, for purposes other than reviewing the supplier’s offerings, placing orders, or contacting the supplier regarding products or orders, is prohibited unless expressly agreed to in writing by the supplier.

22. Assignment of Customer Claims and Rights Under This Contract
The customer may only assign rights and obligations from a contract with the supplier, to which these GTC apply, to third parties with the prior written consent of the supplier.

23. Place of performance
The place of performance for all obligations under this contract, including the payment of the purchase price, is Sursee, Canton of Lucerne, Switzerland, unless otherwise expressly agreed in writing.

24. Deviations from these GTC
Any deviations from these GTC, as well as any modifications or additional agreements related to these GTC, can only be made in individual cases and must be in writing to be valid.

25. Jurisdiction
For consumer contracts, the jurisdiction is determined according to Article 32 of the Swiss CPC. If the contract is not a consumer contract, the jurisdiction for all disputes related to the supplier’s deliveries and services shall be Sursee, Canton of Lucerne, Switzerland.

26. Applicable law
Swiss law applies to these terms and all legal relationships between the supplier and the customer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

27. Youth protection
If the customer orders goods with an age restriction, they confirm with their order that they have exceeded this age limit and are authorized to make the purchase accordingly.

28. Final Provisions
If any provision of these General Terms and Conditions is or becomes invalid, or if the contract contains a gap, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, a valid provision that most closely aligns with the economic intent of the parties shall be considered agreed upon; the same applies in the case of a gap.

As of November 1, 2017

intercycle ag
Pfrundmatte 3
6210 Sursee
Schweiz
Tel: +41 41 926 65 11
E-Mail: info@intercycle.com
Internet: www.intercycle.com