Terms of service

1. Scope

These general terms and conditions apply to all orders, purchases and deliveries via the online shop of Swiss Scoots.

By completing an order, the customer accepts these general terms and conditions. Differing terms and conditions of the customer only apply if Swiss Scoots expressly agrees to them in writing.

Swiss Scoots particularly sells e-scooters, spare parts, accessories and related products.

2. Contracting parties

The purchase contract is concluded between:

Swiss Scoots

and the customer who places an order via the online shop.

3. Conclusion of contract

The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to order.

The customer places a binding order by clicking on the order button. Before sending the order, entries such as name, address, products, quantities and payment method can be checked and corrected.

After receipt of the order, the customer receives an automatic order confirmation by email. This confirmation does not necessarily mean that the order has already been accepted. Swiss Scoots may refuse orders, in particular if products are unavailable, incorrect pricing is provided, misuse is suspected or delivery is not possible.

A purchase contract is only concluded when Swiss Scoots expressly confirms the order, ships the goods or accepts payment.

4. Products and technical information

Swiss Scoots endeavors to present product information, images, technical information, descriptions, prices and availability as accurately as possible.

Product images may differ from the actual product. Technical information such as range, speed, weight, charging time, motor power, battery capacity or packaging size may vary depending on the model, manufacturer information, production batch or usage.

Information on range, speed and performance are manufacturer information or guideline values unless expressly stated otherwise. Actual performance may particularly depend on:

• Driver weight
• Temperature
• Slope
• Underground
• Tire pressure
• Battery status
• Driving style
• Maintenance status
• Payload

Swiss Scoots makes no guarantee that a specific range, top speed or performance will be achieved in everyday use.

5. Road approval and legal regulations

The customer is responsible for checking before purchase and use whether the purchased product can be legally used in the respective country, canton, location or area of application.

Not all e-scooters or vehicles offered by Swiss Scoots are automatically approved for public road use. Depending on the model, certain products can only be used on private property.

Swiss Scoots accepts no liability for:

• Bussen
• Warnings
• Seizures
• Driving bans
• Insurance loss
• Accidents due to illegal use
• other consequences of non-legal use

The customer is obliged to comply with all applicable traffic regulations, age regulations, insurance requirements, registration requirements, equipment requirements and safety regulations.

6. Use at your own risk

Use of the products purchased from Swiss Scoots is at your own risk.

The customer is obliged to check the product for visible damage and roadworthiness before each use. These include in particular:

• Brakes
• Tires
• Steering
• Lighting
• Akku
• Screws
• Folding mechanism
• Display
• Cable
• Frame
• general state

The product must not be used if defects, damage, unusual noises, loose parts or safety-related problems are evident.

Swiss Scoots recommends always wearing appropriate protective equipment, in particular a helmet, sturdy shoes and other protective clothing if necessary.

7. No liability for incorrect use

Swiss Scoots is not liable for any damages, accidents, injuries or consequential costs arising from:

ZXHTMLTOKEN126QXImproper Use
• Disregarding the user manual
• Overload
• Driving under the influence of alcohol, drugs or medication
• Use in unsuitable weather
• Use on unsuitable surfaces
• missing maintenance
• incorrect storage
• incorrect charging of the battery
• Conversions
• Tuning
• Manipulations
• Use outside legal regulations
• Disclosure to unsuitable or underage persons
• Usage despite visible defect

8. Conversions, tuning and manipulations

Any technical changes to the product are made at your own risk.

This includes in particular:

• unlocking speed
• Software changes
• Controller Conversions
• Battery Conversions
• Changes to brakes
• Changes to lighting
• Changes to engines
• Changes to safety-relevant components
• non-original spare parts
• unprofessional repairs

In the event of conversions, tuning, manipulation or unauthorized repairs, guarantee and warranty claims may be void, to the extent permitted by law.

Swiss Scoots shall not be liable for any damages, accidents, injuries, fines or other consequences arising from such changes.

9. Prices

All prices are displayed in the online shop. Unless otherwise stated, prices are in SwissFranken.

The actual price to be paid is displayed in the checkout. Shipping costs, additional fees or other costs will be shown separately unless they are already included in the product price. Price information in Swiss online retail must generally be transparent; Shipping costs and additional costs must be clearly stated.

Swiss Scoots reserves the right to change prices at any time. The price at the time of ordering is decisive.

Obvious pricing errors, typographical errors or technical errors entitle Swiss Scoots to cancel an order or to make the customer a corrected offer.

10. Payment

The payment methods offered in the online shop are displayed in the checkout.

Payment is generally due immediately upon ordering, unless another payment method has been agreed.

Swiss Scoots may hold or cancel orders as long as payment is not received in full or a payment service provider has not confirmed payment.

Any fees from banks, credit card providers, payment service providers or currency conversions are to be borne by the customer, unless these were caused by Swiss Scoots.

11. Delivery and shipping

Delivery is made to the delivery address specified by the customer.

The customer is responsible for providing correct and complete delivery information. This includes in particular name, address, zip code, city, telephone number and email address.

Indicated delivery times are non-binding guidelines unless a binding delivery date has been expressly confirmed in writing.

Delays in delivery can arise in particular due to:

• Supplier delays
• Customs clearance
• Transportation problems
• Force Majeure
• Weather events
• Strikes
• incorrect address details
• Payment problems
• high demand
• Inventory shortages

Swiss Scoots is not liable, to the extent permitted by law, for damages due to delays in delivery.

A fixed delivery date is binding only if Swiss Scoots has expressly confirmed it in writing; otherwise this is not a fixed-date transaction and exceeding the estimated delivery time is not a breach of contract.

A delivery delay does not automatically entitle the customer to withdraw, refuse payment, reduce the price, obtain substitute goods at Swiss Scoots’ expense, or claim damages. Before asserting any rights due to a delay, the customer must grant Swiss Scoots a reasonable grace period of at least 14 days in writing. Withdrawal without a prior grace period is excluded to the extent permitted by law.

Delays for which Swiss Scoots is not responsible – in particular delays caused by suppliers, carriers, customs, shortages, high demand, force majeure or official measures – do not constitute default and reasonably extend the delivery time.

If a product is temporarily unavailable or its procurement is significantly delayed, Swiss Scoots may, at its option, deliver later, offer an equivalent replacement product, or refund the amount paid for the affected product. No further claims exist in this case.

To the extent permitted by law, liability for indirect or consequential damages, lost profit, loss of use, costs of substitute or rental devices, or missed deadlines due to a delivery delay is excluded. Any liability is limited to the value of the affected product.

12. Customs, import duties and VAT

If products from abroad are delivered directly to the customer, additional costs may arise depending on the delivery method, in particular:

• Customs duties
• Import fees
• VAT
• Customs clearance costs
• Transportation service provider processing fees

Swiss Scoots discloses such costs transparently wherever possible. If additional costs are not already included in the price or shipping price, these may be paid by the customer upon delivery.

The customer is responsible for observing any import regulations and additional costs unless these are expressly covered by Swiss Scoots.

13. Refusal of acceptance and undeliverable packages

If a delivery is not accepted, not collected or returned due to incorrect information, Swiss Scoots may reimburse the customer for the resulting costscalculate.

This includes in particular:

• Shipping costs
• Return costs
• Storage costs
• Processing costs
ZXHTMLTOKEN280QXRenewed shipping costs
• Shipping service provider fees

In such cases, a refund will only be made after the costs incurred have been deducted.

14. Retention of title

The delivered goods remain the property of Swiss Scoots until full payment.

Until full payment has been made, the goods may not be resold, pledged, changed or transferred as security.

15. Return and revocation

In Switzerland, there is generally no automatic legal right of withdrawal or return in online trading after an order has been sent. A right of return only exists if Swiss Scoots offers one voluntarily or is legally obliged to do so.

Swiss Scoots may voluntarily accept a return if the following conditions are met:

• prior written consent of Swiss Scoots
• Return within the specified period
• Product is unused
• Product is completely
• Product is undamaged
• Product is in the original packaging
• Accessories, instructions, charger and packaging materials are complete

Used, damaged, assembled, dirty or incomplete products cannot be returned.

The return shipping costs are borne by the customer, unless Swiss Scoots confirms otherwise in writing.

Swiss Scoots may deduct a reasonable reduction in value if the goods are damaged, used, incomplete or can no longer be sold as new.

16. Cancellation of orders

An order can only be canceled as long as it has not yet been processed, packaged or shipped.

There is no right to cancellation once the order has already been handed over to the supplier, warehouse or shipping service provider.

A cancellation by the customer requires an important, comprehensible reason. A mere change of mind, lack of interest or a different purchase decision does not entitle the customer to cancel. A cancellation becomes effective only once Swiss Scoots has expressly confirmed it in writing.

Swiss Scoots may cancel orders if:

• A product is not available
• There is a pricing error
• Payment problems exist
• Suspicion of fraud exists
• The shipping address is invalid
• Legal reasons speak against delivery
• the delivery is economically or actually impossible

Amounts already paid will be refunded in such cases, unless Swiss Scoots has any other claim.

17. Warranty

The statutory warranty rights apply to the extent that these are not permittedly restricted or excluded.

For new products sold to consumers, the limitation period is two years from handover. The customer must prove that a claimed defect already existed at the time of handover. Hidden defects must be reported in writing immediately after discovery. Defects or damage arising only through use are not deemed original defects unless the contrary is proven.

The customer is obliged to check delivered products immediately upon receipt. Obvious defects, transport damage or incorrect deliveries must be reported to Swiss Scoots in writing as quickly as possible.

The message should contain:

• Order number
• Description of theProblems
• Photos or videos of the defect
• Photo of packaging in case of transport damage
• Serial number, if available

Swiss Scoots may, at its sole discretion and to the extent permitted by law, offer one of the following solutions:

• Repair
• Replacement
• Spare part
• Price reduction
• Refund
• Forwarding to manufacturer or service partner

The following are excluded from the warranty, to the extent permitted by law:

• normal wear and tear
• Tire wear
• Brake pads
• Scratch
• Signs of wear
• Battery aging within normal limits
• Damage caused by incorrect loading
• Water damage if used not waterproof
• Damage from falls
• Damage caused by accidents
• Damage caused by overloading
• Damage caused by tuning or conversions
• Damage caused by improper repairs
• Damage caused by ignoring the instructions
• Damage due to lack of maintenance

Voluntary goodwill: For defects that occur during use and are not demonstrably attributable to an original defect (e.g. a component such as the controller failing after some period of use), there is no statutory claim. In such cases Swiss Scoots may, at its own discretion and without acknowledging any legal obligation, offer a solution, in particular a spare part, a repair or a partial credit. Such a goodwill gesture is made on a case-by-case basis and establishes no claim for the future.

Cosmetic deviations: Minor visual deviations that do not impair function and safety do not constitute a defect (in particular light scratches, small paint or surface irregularities, minimal colour variations, and transport or handling marks). Visible cosmetic damage must be reported in writing with photos immediately upon receipt and before first use. After the product has been put into use, cosmetic complaints are excluded, as from that point it can no longer be determined whether the deviation already existed at handover.

18. Manufacturer's warranty

If a manufacturer grants a guarantee, the manufacturer's respective guarantee conditions apply.

Swiss Scoots is not obliged to provide any further warranty unless expressly confirmed in writing.

A manufacturer's warranty may contain limitations, particularly regarding:

• Duration
• Spare parts
• Akkus
• Wearing parts
• Repair Location
• Transportation costs
ZXHTMLTOKEN440QXImproper Use
• Conversions
• Tuning
• Water damage

Warranty claims must be submitted with the necessary supporting documentation, including, but not limited to, proof of purchase, serial number, error description, and images or video.

19. Batteries, charging and fire protection

Products with lithium batteries must be handled with care.

The customer undertakes in particular:

• only use the included or suitable charger
• Do not charge the battery
unattended for a long period of time
• Do not charge near combustible materials
• Damaged batteries should not be reused
• bloated, hot, smelly or damaged batteries should be taken out of operation immediately
• store the product dry and according to instructions
• no battery conversions to be made
• Keep charging ports clean and dry

Swiss Scoots is not liable for damage caused by incorrect charging, incorrect storage, damaged batteries, non-original chargers, modifications or failure to follow safety instructions.

Lithium batteries lose capacity due to use and age. A capacity loss of up to 15% in the first year under normal use is technically normal and does not constitute a defect or a warranty or goodwill case. In contrast, a sudden battery failure demonstrably attributable to a material or manufacturing defect is deemed a defect, provided it is reported in good time and no ground for exclusion applies.

20. Maintenance and wearing parts

The customerThe customer is responsible for regularly servicing the product or having it serviced.

This includes in particular:

• Setting the brakes
• Check screws
• Check tires
• Check tire pressure
• Check folding mechanism
• Charge and store the battery correctly
• Control moving parts
• Check lighting

Wearing parts are excluded from the guarantee and warranty unless there is a manufacturing defect.

Typical wearing parts are:

• Tyres
• Tubes
• Brake pads
• Brake discs
• Stock
• Handles
• Seals
• Cable
• Batteries with normal aging

21. Transport damage

The customer must immediately check the delivery for visible transport damage upon receipt.

Visible damage to packaging or product must be reported to the shipping service provider and documented as soon as possible.

Swiss Scoots should also be informed immediately by email. The report should include photos of the damaged packaging, product and shipping label.

If transport damage is reported late or the packaging is disposed of, processing may be made more difficult or rejected.

22. Limitation of Liability

Swiss Scoots is liable, to the extent permitted by law, only for direct damages caused by a demonstrable breach of duty by Swiss Scoots.

The liability of Swiss Scoots is, to the extent permitted by law, limited to the purchase price of the affected product.

Excludes, to the extent permitted by law, any liability for:

• indirect damages
• Consequential damages
• Outage of use
• lost profit
• Bussen
• Third Party Claims
• Damage caused by improper use
• Damage caused by unlawful use
• Damage caused by tuning or conversions
• Damage due to lack of maintenance
• Damage caused by incorrect storage
• Damage caused by incorrect loading
• Damage caused by ignoring the operating instructions

The mandatory legal liability remains reserved, in particular in the case of intent, gross negligence, personal injury and mandatory product liability.

23. No liability for external links

The online shop may contain links to external websites.

Swiss Scoots has no influence on the content of external websites and assumes no liability for their content, availability, data protection or offers.

The respective operators are solely responsible for external content.

24. Customer account

Customers can create a customer account in the online shop if this function is offered.

The customer is responsible for providing access datato be treated confidentially and protected from unauthorized access.

Swiss Scoots is not liable for damage caused by improper use of the customer account, insecure passwords or unauthorized access, unless Swiss Scoots caused the damage intentionally or through gross negligence.

25. Vouchers and discount codes

Vouchers and discount codes can only be redeemed in accordance with the respective conditions.

Discount codes can be time-limited, product-related or limited in quantity.

A cash withdrawal is excluded.

Swiss Scoots may cancel or reject discount codes in the event of misuse, technical errors or obvious errors.

26. Reviews and customer content

If customers submit reviews, comments, images or other content to Swiss Scoots, this content may be used by Swiss Scoots for the online shop, advertising or social media, provided the customer has agreed to this or the use is legally permissible.

Customers may not submit any content that is unlawful, offensive, misleading, infringing, in violation of copyright or otherwise prohibited.

Swiss Scoots may delete, reject or edit such content to the extent necessary.

27. Data protection

Swiss Scoots processes personal data in accordance with the separate data protection declaration.

The data protection declaration provides information in particular about:

ZXHTMLTOKEN614QXData collected
• Purpose of data processing
• Payment service provider
• Shipping service provider
• Analysis and marketing tools
• Rights of data subjects
• Contact options

The current data protection declaration is available on the Swiss Scoots website.

28. Minors

Orders by minors may only be made with the consent of their legal representative.

Swiss Scoots may refuse or cancel orders if there are doubts about the age of majority or the consent of the legal representative.

The use of e-scooters or similar products may be subject to legal age restrictions. The customer is responsible for complying with these regulations.

29. Prohibited use of the online store

The customer may not misuse the online shop.

The following are particularly prohibited:

• Fraud
• incorrect information
• Identity abuse
• technical attacks
• automated reading
• Disturbance of shop operations
• Bypassing security measures
• illegal orders
• Use of third-party payment data

Swiss Scoots can block orders, customer accounts or access if there is suspicion of misuse.

30. Force majeure

Swiss Scoots shall not be liable for any delay or failure in performance due to events beyond the control of Swiss Scoots.

This includes in particular:

• Natural events
• War
• Unrest
• Pandemics
• Strikes
• official measures
• Customs delays
• Supply chain issues
• Power outages
• technical failures
• Failures of payment, shipping or IT service providers

31. Changes to the Terms and Conditions

Swiss Scoots may change these Terms and Conditions at any time.

The version of the General Terms and Conditions that was published in the online shop at the time of the order applies to each order.

Changes have no impact on orders that have already been completed, unless this is permitted by law or expressly agreed.

32. Severability clause

Should a provision of these terms and conditions be or become wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected.

The ineffective provision will be replaced by a permissible provision that comes as close as possible to the economic purpose of the original provision.

33. Applicable Law

ESwiss law applies, excluding the conflict of laws.

Mandatory consumer protection regulations remain reserved.

34. Place of jurisdiction

The place of jurisdiction is, to the extent permitted by law, the registered office of Swiss Scoots in Switzerland.

Mandatory legal places of jurisdiction, in particular for consumers, remain reserved.

Swiss Scoots
Brünnlistrasse 17
8155 Niederhasli
swissscoots@gmail.com