Terms and Conditions
8640 Rapperswil SG
Phone: +41 55 552 05 11
Customer information General terms and conditions (vers. EU/01/08/2016)
Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) of YouMo AG, Herrenberg 35, CH-8640 Rapperswil (hereinafter referred to as the “Seller”) shall contain the conditions exclusively applicable between a consumer or a business owner (hereinafter referred to as “Customer”) and a vendor in contracts regarding the goods and / or services presented by the vendor in his online shop. The inclusion of the customer’s terms is hereby expressly prohibited. The Seller is entitled to amend or change these General Terms and Conditions at any time. The version of the General Terms and Conditions, which is published at the time of the order, is legally binding, which cannot be unilaterally altered for an order placed under these General Terms and Conditions. Consumers in the sense of these terms and Conditions is any normal person who concludes a legal transaction for a purpose that cannot be predominantly attributed to either his commercial or self-employed occupation. Entrepreneurs in the sense of these General Terms and Conditions is any natural or legal person or a legal person who is legally active in the course of a legal transaction in the exercise of their independent professional or commercial activity.
Conclusion of contract
The presentation of the goods and services in the seller’s online shop does not constitute a binding offer on the part of the seller, but is a non-binding invitation to order goods in the online shop. The products and services offered in the Seller’s Online shop under these terms and conditions are exclusively intended for customers resident or domiciled in Germany and Austria. The shipping or the delivery is exclusively to addresses in this area All illustrations of products in the online shop, in advertising, brochures, etc. merely have an illustrative nature and are non-binding. Unless otherwise stated in the seller’s non-binding offer, the prices quoted are final prices in EURO, which contain the statutory value-added tax. If applicable, additional delivery and shipping costs are indicated separately in the electronic order process. The seller is entitled to change prices at any time. The customer may submit his offer in the Seller’s Online shop. By clicking on the “Terms and Conditions” checkbox, the customer agrees with the terms and conditions, which have been set up at this time, and after he / she has placed the selected goods and / or services into the virtual shopping cart and has completed the electronic ordering process, Clicking on the button concluding the order process will result in a legally binding, non-changeable contract offer with respect to the goods and / or services contained in the shopping basket. The contractual relationship is reached by means of the electronic acceptance (order confirmation) by the seller via the order initiated in the online shop. If the order confirmation of the seller is not made within five days after the order has been sent, e.g. Because the ordered product is permanently unavailable, This shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. The contract language is exclusively German.
Payment / payment methods
Advance payment or prepayment to the seller’s account with UBS Switzerland AG, Zurich IBAN CH65 0022 5225 1111 0960 M. Payments can only be made in EURO. In all cases delivery is only made after payment has been received If you have a delayed payment, the customer is obligated to pay the statutory interest on arrears which amount to 5 percentage points above the basic interest rate. A reminder fee of EUR 5 will be charged for each reminder sent after the delay occurs, provided that the customer cannot prove a lower loss. The invoice can be assigned to a company charged with collection. The company charged with collection may claim and recover the outstanding amounts in its own name and for its own account.
Delivery time / delivery / obligation to check the delivery
The information on the availability and / or delivery time in the seller’s online shop is to the best of our knowledge up to date, but is without warranty and may be changed at any time. The type of delivery (postage, collection, delivery, delivery with instruction), the expected date of delivery and the possible performance of additional services will be agreed upon by e-mail or by telephone after confirmation of the order. The vendor is readily released from his obligation to deliver particularly without notice, if the advance payment of the customer is not credited to the vendor’s bank account at the latest 3 working days before the agreed delivery date. The transport risk lies solely with the customer. He is obliged to check the delivered or picked up products immediately upon receipt for correctness, completeness and delivery damage. Any deficiencies (incorrect delivery, incomplete delivery, damage to the goods, etc.) must be reported immediately to the vendor, and further course of action is to be agreed with him. In the event of a delay in delivery (non-observance of the agreed delivery date) of more than 30 days by the vendor, the customer (except for special orders, such as individual goods, special colors, etc.) has the right to withdraw from the contract. In this case, the vendor pays back the prepayment (s) made by the customer. Any further claims against the vendor are expressly excluded. If the customer is in default of acceptance (delivery is not accepted, pickup is not perceived, etc.), then the seller has the right to withdraw from the contract (contract resolution). In this case, the seller is entitled to a compensation of EUR100.00 plus 20% of the order value. The Seller is expressly entitled to deduct such reimbursement from the repayment of the advance payment.
The customer (consumer) is in principle entitled to a right of withdrawal, namely the right to revoke the contract without giving reasons. This right shall be exercised within fourteen days from the date on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of revocation, the customer must provide the vendor with a clear statement (eg a letter sent by mail to YouMo AG, Herrenberg 35, CH-8640 Rapperswil, Switzerland or e-mail to email@example.com with the text “I hereby revoke the contract for the purchase according to order, confirmation (No.) from (date) and I wish to reimburse the purchase price to the bank account (IBAN)”. In order to maintain the revocation period, it suffices that a notification to exercise the right of revocation be sent before the expiry of the period of revocation. In the case of cancellation of the contract, the vendor is obliged to pay the customer all the payments including the delivery costs (with the exception of the additional costs resulting from the fact that the customer chooses a different type of delivery than the most favorable standard delivery offered by the vendor) Which he has received from him concerning the revoked contract, at least within fourteen days after receipt of the notice of revocation. The repayment shall be effected without any deduction from the account allocated to the customer in the revocation notification. The repayment may be refused until the vendor has recovered the goods or until proof is provided which shows that the goods have been returned, depending on whichever is earlier. The goods must be returned or handed over to the seller without delay and in any case not later than fourteen days from the date of the revocation notification. The time limit shall be met if the goods are dispatched before the expiry of the period of 14 days. The direct costs of returning the goods are borne by the customer. The customer shall only be liable for any loss in value of the goods if this loss in value is attributable to the handling of the goods, which is not necessary to check the quality, characteristics and functioning of the goods. The right of revocation does not exist in the case of the delivery of goods which are not prefabricated and which are subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer. Damage and contamination must be avoided. If possible, the original packaging with all accessories and with all packaging components should be used during the return. If the original packaging is no longer available, adequate packaging must be used to ensure adequate protection against transport damage in order to avoid damage claims due to poor packaging.
Reservation of proprietary rights
If the vendor is payed in advance, he retains ownership to the delivered goods until full payment of the purchase price owed.
In the case of goods ordered in the Online shop, the statutory right of non-liability shall apply insofar as nothing else is stipulated below. The warranty covers the guarantee of freedom from defects and functionality and can be provided by YouMo at your discretion as follows:
- Free repair (work and parts) at the Service Center of YouMo in 76694 Forst. The transport to the repair shop and the collection of the repaired product is the responsibility of the customer or is at his expense. There is no express right to a replacement product during the repair period;
- Partial or complete replacement by an equivalent product. In the case of replacement by an equivalent, used product, the guarantee period for the used replacement product is 1 year;
- Withdrawal and refund of the current value, maximum of the purchase price paid
- Reduction of the paid purchase price.
Especially for new vehicles and accessories, the following guarantees are valid, which finally and comprehensively replace the statutory warranty:
- 3-year warranty on the frame.
- 2 years warranty on the rest (without battery)
- 2 years or 500 full recharges the battery with a capacity loss by 20% per year or 250 full charge cycles is considered normal, technically-related wear.
Parts subject to wear, in particular brake pads, brake discs, tires, tubes, light bulbs, software, etc., are expressly excluded from any warranty. For “demonstration products” and “exhibit products” the warranty period is generally 1 year after delivery, usual signs of use from any warranty are excluded. The warranty claim expires without limitation and in its entirety in the following cases:
- Use as a sports equipment or as a competition vehicle;
- Use as a terrain, hunting or military vehicle;
- Other improper and / or unusual use;
- Weight overload;
- Driving without or with low tire pressure;
- Damage and wear caused by overuse;
- Charging the battery with chargers not supplied and / or approved by YouMo;
- Vehicle modifications not authorized or explicitly authorized by YouMo;
- Use of incompatible accessories and / or spare parts
- Inadequate maintenance and / or improper repairs;
- Damage or wear caused by long-lasting and / or exceptional weather effects;
- Acts of God, storm or war.
Unlimited liability: The seller is liable without limitation for intent and gross negligence as well as in accordance with the product liability law. He is liable for slight negligence in the event of damage resulting from injury to life, body or health of persons. Limited Liability: In the event of slight negligence, the Seller shall be liable only if a breach in material contractual obligation exists, the fulfillment of which would allow the proper performance of the contract and on which the customer could regularly rely. The liability for slight negligence is limited to the damages foreseeable at the time of the contract, which must typically be expected. This limitation of liability also applies in favor of the vendor’s vicarious agents.
Batteries and accumulators must not be disposed of in the household waste, but must be handed over to the public collection points free of charge. Electric bicycles are electrical and electronic equipment and must not be disposed of via household waste. Waste electrical equipment can be handed over free of charge to a municipal collection center.
The website www.youmo.de can be visited without any personal data collected. Personal data are collected only if the website visitor informs them of their own accord about the execution of a contract, within the framework of the contact or within the framework of the ordering process. These data are used without explicit consent exclusively for processing the order, including forwarding to transport companies responsible for delivery. After completion of the contract, these data will be stored with due regard for tax and commercial storage periods, but will be blocked for other purposes and deleted after these deadlines. The website uses both session and persistent cookies, which can be restricted or blocked by the website visitor / customer in his browser, but this may be associated with a restriction in functionality of the website. There is a right to free information about the data stored via the website visitor / customer as well as a right to rectification, blocking or deletion of this data. For further questions concerning the collection, processing or use of the personal data, for information, deletion and correction requests with regard to personal data as well as for revocations of informed consent, the website owner / vendor makes available the contact address in the imprint. By accepting these terms, the customer acknowledges the above data protection declaration and expressly agrees with the use and treatment of his data according to this data protection declaration.
The law of the Federal Republic of Germany applies to all legal transactions or other legal relations between the customer and the seller. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements are expressly not applicable. In the case of contracts with consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident is not withdrawn. Disputes between the seller and the consumer shall be subject to the place of jurisdiction of the consumer. In the case of contracts with contractors, the place of business of the seller shall be agreed as the court of jurisdiction for all legal disputes concerning these terms and conditions and agreements concluded under their validity, including bills of exchange and checks. The vendor is however also entitled in this case to sue the contractor. Should individual provisions of these General Terms and Conditions be or become ineffective in whole or in part, or if the General Terms of Business should show an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective legal regulations will take place.