Terms and Conditions

YouMo AG

Schachenstrasse 82
CH-8640 Rapperswil SG

+41 55 552 05 11
sales@youmo.ch

Customer information General Terms and Conditions (Vers. DE/10/03/2020) Scope of application

These General Terms and Conditions (hereinafter referred to as “GTC”) of YouMo AG, Schachenstrasse 82, 8645 Jona SG, Switzerland (hereinafter referred to as “Seller”) contain the exclusive terms and conditions applicable between a consumer or an entrepreneur (hereinafter referred to as “Customer”) and the Seller for the conclusion of contracts regarding the goods and/or services presented by the Seller in its online store. The inclusion of the customer’s own terms and conditions is hereby expressly rejected. The seller is entitled to supplement or amend these terms and conditions at any time. The legally binding version of the GTC that is posted at the time of the order is the one that cannot be changed unilaterally for an order placed under these GTC. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of his independent professional or commercial activity.

Agreement conclusion

The presentation of goods and services in the seller’s online store does not constitute a binding offer on the part of the seller, but is a non-binding invitation to order goods in the online store. The products and services offered in the seller’s online store under these GTC are aimed exclusively at customers with a place of residence or business in Germany and Austria. Shipping or delivery will only be made to addresses in this area. All images of products in the online store, in advertising, brochures, etc. are for illustrative purposes only and are non-binding. Unless otherwise stated in the seller’s non-binding offer, the prices quoted are final prices in EURO and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the electronic ordering process. The seller is entitled to change prices at any time. The customer can submit his offer in the seller’s online store. By clicking on the “Terms and Conditions” checkbox, the customer declares his or her agreement with the GTC that are displayed at that time and thus apply, and after placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, he or she submits a legally binding, no longer modifiable contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that concludes the ordering process. The contractual relationship is concluded by the electronic acceptance (order confirmation) by the seller of the order placed in the online store. If the seller does not confirm the order within five days of the order being sent, e.g. because the product ordered is permanently unavailable, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The contract language is exclusively German.

Payment / Payment methods

You can choose to pay by credit card, Sofort or SEPA. Payments can only be made in EURO. In any case, delivery will only be made after receipt of payment. If you are in arrears with a payment, the customer is obliged to pay the statutory default interest of 5 percentage points above the base interest rate. A reminder fee of at least EUR 5 shall be charged for each reminder sent after the default has occurred, unless the customer can prove that the damage was lower. The advance invoice can be assigned to a company commissioned with the collection. The company commissioned with the collection can assert and collect the outstanding amounts in its own name and for its own account.

Delivery time / Delivery / Obligation to inspect the delivery

The information on availability and/or delivery times in the seller’s online store is updated to the best of our knowledge, but is subject to change without notice. The delivery method (post, collection, delivery, delivery with instruction), the expected delivery time and any additional services will be agreed by e-mail or telephone after the order has been confirmed. The Seller shall be released from its obligation to deliver without further notice, in particular without notification, if the Customer’s advance payment has not been credited to the Seller’s bank account at least 3 working days before the agreed delivery date. The transportation risk lies with the seller. In the case of legal entities, the transportation risk lies solely with the customer. He is obliged to check the delivered or collected products immediately upon receipt for correctness, completeness and delivery damage. Any defects (incorrect delivery, incomplete delivery, delivery damage, etc.) must be reported to the seller immediately and further action must be agreed with the seller. In the event of a delay in delivery (non-compliance with the agreed delivery date) on the part of the seller of more than 30 days, the customer has the right to withdraw from the contract (except in the case of special orders, such as custom-made products, special colors, etc.). In this case, the seller shall refund the advance payment(s) made by the customer. Any further claims against the seller are expressly excluded. If the customer is in default of acceptance (delivery is not accepted, collection is not made, etc.), the seller has the right to withdraw from the contract (contract termination). In diesem Fall steht dem Verkäufer ohne weiteres eine Umtriebsentschädigung von EUR 100.00 zuzüglich 20% des Bestellwertes zu. The seller is expressly entitled to deduct such compensation from the repayment of the advance payment.[/vc_column_text]

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise the right to cancel, you must inform us (YouMo AG, Schachenstrasse 82, 8645 Jona SG, Switzerland, info@youmo.ch, Phone: +41 55 552 05 11) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. 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 earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, this amounts to EUR 54. 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 checking their condition, properties and functionality.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The right of withdrawal does not apply to the following contracts:

* Contracts for the provision of services in the areas of accommodation to

purposes other than residential purposes, transportation of goods,

vehicle rental, delivery of food and beverages and for the

Provision of other services in connection with

recreational activities if the contract for the provision of such services includes a specific

date or period.

The right of withdrawal expires prematurely if we have provided the service in full.

and have only just begun to perform the service,

after you have given your express consent and at the same time

have confirmed your knowledge that you have exercised your right of withdrawal at

the complete fulfillment of the contract by us.

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

– To YouMo AG, Schachenstrasse 82, 8645 Jona SG, Switzerland, info@youmo.ch

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date

(*) Delete as appropriate.

Cancellation policy [https://shop .trustedshops.com/de/rechtstexte /] created with the Trusted Shops [https://shop .trustedshops.com/de /] Rechtstexter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch .com].

Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

Warranty rights

The statutory warranty rights apply to the goods ordered in the online store, unless otherwise stipulated below. The warranty covers the guarantee of freedom from defects and functionality and can be provided by YouMo at its discretion as follows:

  • Free repair (labor and parts) at the YouMo Service Center in 76694 Forst. Transportation to the repair workshop and collection of the repaired product shall be the responsibility of the customer or shall be at the customer’s expense. There is expressly no entitlement to a replacement product during the repair period;
  • Partial or complete replacement with an equivalent product If the product is replaced with an equivalent used product, the warranty period for the used replacement product is 1 year;
  • Redemption and refund of the current value, but no more than the purchase price paid
  • The following warranty services apply specifically to new vehicles and accessories, which replace the statutory warranty exhaustively and comprehensively:
  • 3-year warranty on the frame;
  • 2-year warranty on the remaining parts (without battery)
  • 2 years or 500 full charge cycles on the battery, whereby a loss of capacity of 20% per year or 250 full charge cycles is considered normal, technically induced wear and tear. wear parts, in particular brake pads, brake discs, tires, hoses, light bulbs, software, etc., are expressly excluded from any warranty.

The warranty period for “demonstration products” and “exhibition products” is generally 1 year from delivery, whereby normal signs of use are excluded from any warranty. Der Garantieanspruch erlischt ohne weiteres und vollumfänglich in den nachfolgend aufgeführten Fällen:

  • Use as sports equipment or as a competition vehicle
  • Use as an off-road, hunting or military vehicle
  • Other improper and/or unusual use
  • Weight overload
  • Driving without or with insufficient tire pressure
  • Damage and wear due to overloading
  • Charging the battery with chargers not supplied and/or approved by YouMo
  • Vehicle modifications that have not been approved or expressly authorized by YouMo
  • Use of incompatible accessories and/or spare parts
  • Failure to carry out maintenance and/or improper repairs
  • Damage or wear and tear due to prolonged and/or exceptional weather conditions; force majeure, storms or war.

Liability

Unbeschränkte Haftung: Der Verkäufer haftet unbeschränkt für Vorsatz und grobe Fahrlässigkeit sowie nach Maßgabe des Produkthaftungsgesetzes. Für leichte Fahrlässigkeit haftet er bei Schäden aus der Verletzung des Lebens, des Körpers und der Gesundheit von Personen. Limited liability: In the event of slight negligence, the seller shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer could regularly rely. Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of the seller’s vicarious agents.

Waste disposal

Batteries and rechargeable batteries may not be disposed of with household waste, but must be handed in free of charge at public collection points. Electric bicycles are electrical and electronic equipment and must not be disposed of with household waste. Old electrical appliances can be handed in free of charge at a municipal collection point.

Data protection / Privacy policy

The website www.youmo.de/ www.youmo.ch can generally be visited without personal data being collected. Personal data is only collected if the website visitor provides it voluntarily for the execution of a contract, when making contact or as part of the ordering process. This data is used without express consent exclusively for order processing, incl. forwarding to transport companies entrusted with the delivery. Once the contract has been fully processed, this data is stored with regard to retention periods under tax and commercial law, but is blocked for other purposes and deleted after these periods have expired. 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 result in limited functionality of the website. There is a right to free information about the data stored about the website visitor / customer and, if necessary, a right to correction, blocking or deletion of this data. For further questions regarding the collection, processing or use of personal data, for information, deletion and correction requests regarding personal data as well as for revocation of consents granted, the website operator / seller is available at the contact address in the imprint. By accepting these GTC, the customer acknowledges the above data protection declaration and expressly agrees to the use and processing of their data in accordance with this data protection declaration.

Schlussbestimmungen

All legal transactions or other legal relationships between the customer and the seller shall be governed by the law of the Federal Republic of Germany. Das UN-Kaufrecht (CISG) sowie allfällige sonstige zwischenstaatliche Übereinkommen finden ausdrücklich keine Anwendung. In the case of contracts with consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. For disputes between the seller and consumers, the place of jurisdiction is the consumer’s place of residence. In the case of contracts with entrepreneurs, the place of jurisdiction for all legal disputes concerning these terms and conditions and contracts concluded under their validity, including actions on bills of exchange and checks, shall be the registered office of the seller. In this case, however, the seller is also entitled to sue at the registered office of the entrepreneur. Should individual provisions of these GTC be or become invalid in whole or in part, or should the GTC contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.

General Terms and Conditions (Vers. CH/10/03/2020)

Scope of application / Conclusion of contract / Amendment, cancellation of order

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all purchase or rental contracts concluded via the online store www.youmo.ch(https://www.youmo.ch); they govern the relationship between the buyer (hereinafter referred to as “customer”) and YouMo AG, Schachenstrasse 82, 8645 Jona SG, Switzerland as the online store operator (hereinafter referred to as “YouMo”). YouMo is entitled to amend or change these GTC at any time. The legally binding version of the GTC that is posted at the time of the order is the one that cannot be changed unilaterally for an order placed under these GTC. Any terms and conditions of the customer that deviate from these GTC are expressly not recognized. The products and services offered in the YouMo online store under these GTC (hereinafter referred to as “offer”) are aimed exclusively at customers with a place of residence or company domicile in Switzerland or Liechtenstein. Der Versand oder die Lieferung erfolgt ausschliesslich an Adressen in diesem Gebiet. The products and prices in the online store apply as an offer, which is expressly only valid as long as the product or service is displayed in YouMo’s online store and/or as long as the product or service is available, there is no impossibility of delivery and the price is correct. All images of products in the online store, in advertising, brochures, etc. are for illustrative purposes only and are non-binding. All prices are in Swiss francs, incl. Value added tax (VAT). YouMo ist berechtigt, Preise jederzeit zu ändern. Bestelltes Zubehör und Zusatzleistungen, z.B. Garantieerweiterungen, Montage, werden im Warenkorb und auf der Rechnung separat und mit den entsprechenden Preisen / Kosten aufgeführt. Durch Anklicken der Checkbox „Geschäftsbedingungen“ erklärt sich der Kunde mit den zu diesem Zeitpunkt aufgeschalteten und damit geltenden AGB und den ange­zeigten Preisen einverstanden, und er verpflichtet sich, diese zu erfüllen. The contractual relationship comes into effect through the electronic acceptance (order confirmation) by YouMo of the order triggered in the online store, whereby the contract-dissolving condition of impossibility of delivery or incorrect price information is expressly reserved. The client expressly has no right to subsequently change or cancel orders; YouMo can accept or reject such changes or cancellations at its own discretion. If the case of a condition that cancels the contract occurs on the part of YouMo (impossibility of delivery, incorrect price quotation) YouMo is obliged to inform the client immediately after its occurrence and to refund any advance payments already made. Falls noch keine Vorauszahlung/en geleistet wurde/n ist der Kunde von der Pflicht zur Zahlung der Voraus­rechnung befreit. Weitere Ansprüche des Kunden infolge der Vertragsauflösung und dem damit verbundenen Ausfall der Lieferung sind ausdrücklich ausgeschlossen.

Payment / Payment methods

Prepayment or payment of the advance invoice to the account of YouMo at UBS Switzerland AG, Zurich IBAN CH97 0022 5225 1111 0901 B Payments can only be made in Swiss francs. In any case, delivery will only be made after receipt of payment. Kommt der Kunde seiner Zahlungsverpflichtung innerhalb der Zahlungsfrist gemäss Voraus­rech­nung ganz oder teilweise nicht nach, wird der Vorausrechnungsbetrag sofort fällig. Für die zweite und dritte Mahnung erhebt YouMo eine Mahn- und Umtriebsgebühr von je CHF 20.00. The advance invoice can be assigned to a company commissioned with the collection. In diesem Fall kann zusätzlich ein Verzugszins von 10% auf dem geschuldeten Vorausrech­nungs­betrag ab Fälligkeitsdatum verrechnet werden. The company entrusted with the debt collection may assert and pursue the outstanding amounts in its own name and for its own account and also charge its own fees for its debt collection efforts.

Delivery time / Delivery / Obligation to inspect the delivery

The information on availability and/or delivery times in the YouMo online store is updated to the best of our knowledge, but is subject to change at any time. The delivery method (post, collection, delivery, delivery with instruction), the expected delivery time and any additional services will be agreed by e-mail or telephone after the order has been confirmed. YouMo ist ohne weiteres, insbe­sondere ohne Mitteilung von ihrer Lieferpflicht entbunden, falls die Vorauszahlung des Kunden nicht spätestens 3 Arbeitstage vor dem vereinbarten Liefertermin auf dem Bankkonto der YouMo gutge­schrieben ist. Das Transportrisiko liegt alleine beim Kunden. He is obliged to check the delivered or collected products immediately upon receipt for correctness, completeness and delivery damage. Any defects (incorrect delivery, incomplete delivery, delivery damage, etc.) must be reported to YouMo immediately and further action must be agreed with YouMo. Bei Lieferverzug (Nicht-Einhaltung des vereinbarten Liefertermins) seitens YouMo von mehr als 30 Tagen hat der Kunde (ausser bei Spezialbestellungen, wie Einzelan­ferti­gungen, Spezialfar­ben, etc.) das Recht, vom Vertrag zurück zu treten. In this case YouMo will refund the advance payment(s) made by the client. Any further claims against YouMo are expressly excluded. If the client is in default of acceptance (delivery is not accepted, collection is not made, etc.) YouMo has the right to withdraw from the contract (contract termination). In this case YouMo is entitled to compensation of CHF 100.00 plus 20% of the order value. YouMo is expressly entitled to deduct such a handling fee from the repayment of the advance payment.

Retention of title

Bis zur vollständigen Bezahlung bleiben alle gelieferten Produkte im Eigentum von YouMo, welche berechtigt ist, jederzeit einen entsprechenden Eintrag im Eigentumsvor­be­haltsregister vorzunehmen.

Return of faultless goods after delivery

The customer expressly has no right to return products delivered in conformity with the contract. YouMo can agree a return and the corresponding conditions with the client without obligation and at its own discretion.

Warranty services

YouMo guarantees the delivered products for a period of 2 years after delivery or collection. The warranty covers the guarantee of freedom from defects and functionality and can be provided by YouMo at its discretion as follows:

  • Free repair (labor and parts) at YouMo in 8640 Rapperswil. Transportation to the repair workshop and collection of the repaired product shall be the responsibility of the customer or shall be at the customer’s expense. Ein Anspruch auf ein Ersatzprodukt während der Reparaturzeit be­steht ausdrücklich nicht;
  • Teilweiser oder vollständiger Ersatz durch ein gleichwertiges Produkt. In the event of replacement by an equivalent used product, the warranty period for the used replacement product is 1 year;
  • Redemption and refund of the current value, but no more than the purchase price paid
  • Reduction of the purchase price paid.

Speziell für Neufahrzeuge und Zubehörteile gelten folgende Garantieleistungen, welche die gesetzliche Gewährleistung abschliessend und umfassend ersetzen:

  • 3-year warranty on the frame;
  • 2-year warranty on the remaining parts (without battery)
  • 2 years or 800 full charge cycles on the battery, whereby a capacity loss of 20% per year or 250 full charge cycles is considered normal, technically induced wear.

Wearing parts, in particular brake pads, brake discs, tires, hoses, light bulbs, software, etc., are expressly excluded from any warranty. The warranty period for “demonstration products” and “exhibition products” is generally 1 year from delivery, whereby normal signs of use are excluded from any warranty. The warranty claim expires without further ado and in full in the cases listed below:

  • Use as sports equipment or as a competition vehicle;
  • Use as an off-road, hunting or military vehicle;
  • Other improper and/or unusual use;
  • Weight overload;
  • Fahren ohne oder mit zu geringem Reifendruck;
  • Damage and wear due to overloading;
  • Laden der Batterie mit nicht von YouMo gelieferten und/oder zugelassenen Ladegeräten;
  • Vehicle modifications that have not been approved or expressly authorized by YouMo;
  • Use of incompatible accessories and/or spare parts
  • Failure to carry out maintenance and/or improper repairs;
  • Damage or wear caused by prolonged and/or exceptional weather conditions;
  • Force majeure, severe weather or war.

Reparatur ausserhalb der Garantie

The costs for repairs and the examination of warranty claims (including transportation to the YouMo repair workshop in Rapperswil and back to the customer) that are not covered by the above warranty shall be borne in full by the customer.

Liability / Limitation of liability

Any liability that goes beyond the guarantee granted in accordance with these GTC is excluded to the extent permitted by law. In particular, YouMo expressly assumes no liability for slight negligence, consequential damages, indirect damages, indirect damages, loss of profit, damages from delayed delivery, damages caused by third parties commissioned by YouMo (forwarders, auxiliary persons, etc.), damages due to malfunctions and technical defects of the online store or transmission errors.

Involvement of third parties

The Contractor may engage third parties (e.g. suppliers, subcontractors, substitutes) for the provision of its services. It shall remain responsible for the contractual provision of services by the third parties involved.

Data protection

The client acknowledges and expressly agrees by accepting these terms and conditions that YouMo may record the details required for processing the order and delivery (name, address, telephone number, e-mail address, etc.) in its customer database as part of completed and canceled order processes in the online store and use them without restriction for information, marketing and customer loyalty purposes, in particular also create user profiles using the usage data, link them with the other data and store them. YouMo treats all customer data confidentially and does not pass it on to third parties either for a fee or free of charge.

Partial validity / Applicable law / Place of jurisdiction

Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions. Alle Rechtsbeziehungen zwischen dem Kunden und YouMo unterstehen dem schweizerischen Recht; das Wiener Kaufrecht ist ausdrücklich nicht anwendbar. The district court of See-Gaster, CH-8730 Uznach or the court at the client’s place of residence is responsible for all disputes between the client and YouMo.