Terms and Conditions
Last updated: March 2023
Translation provided for convenience — only the German version is authoritative.
1 Scope
These general terms and conditions (hereinafter "Terms") apply to all transactions concluded via the online shops www.import-butler.ch and www.co2-boerse.ch (hereinafter each individually "online shop"). Both online shops are operated by CO2 Börse AG (hereinafter CO2 Börse). The Terms also apply to all transactions concluded within the framework of CO2 Börse's dealer programme (hereinafter "dealer programme"). CO2 Börse AG reserves the right to amend these Terms at any time. The version of these Terms in force at the time of the order is decisive and cannot be unilaterally changed for that order. Terms of the customer that conflict with or deviate from these Terms are not recognised. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. Orders in non-commercial quantities may be rejected without reason.
2 Information
2.1 Products and prices Images of products and depictions of services in advertising, brochures, the online shop, etc. are for illustration and are non-binding. All sales prices published in the online shop are net prices that do not include value added tax, customs charges, any advance recycling fees (vRG), delivery costs or any other charges, fees or costs, which are shown separately. CO2 Börse AG reserves the right to change the prices of the products and services listed at any time. Decisive for the conclusion of the purchase contract is the price in the online shop at the time of the order. If the customer orders from a dealer based abroad who is not registered in the Swiss VAT register, the customer, as importer of the products delivered by the dealer, is the debtor of Swiss VAT and import tax as well as any customs duties. The customer hereby authorises and instructs CO2 Börse AG (or a third party mandated by CO2 Börse AG) to carry out the import customs declaration of the products delivered by the dealer in Switzerland in the name and on behalf of the customer and to pay the Swiss entry charges (import tax and any customs duties). The customer pays the expected Swiss entry charges to CO2 Börse in advance. Any difference from the Swiss entry charges actually incurred is refunded to the customer. The customer must raise any objections regarding the import tax assessment within seven (7) working days of receipt or availability. After this period, any recourse by the customer against CO2 Börse AG for any defects in the import tax assessment is excluded. 2.2 Availability and delivery time For the majority of the services provided, CO2 Börse AG depends on external providers whose availability and delivery time are beyond its control. These are in particular road traffic offices, customs offices and dealers in Switzerland and abroad. All information on availability and delivery time is therefore without guarantee and may change at any time. 2.3 Additional services: assembly and disposal Assembly includes the delivery, unpacking and installation of the ordered products, including the take-back of the packaging material.
3 Conclusion of the contract
The products and prices in the online shop constitute an offer. However, this offer is always subject to the condition subsequent of an impossibility of delivery or an incorrect price statement. The purchase contract for products and services of CO2 Börse AG is concluded with CO2 Börse AG as soon as the customer places their order in the online shop, at one of the branches, by telephone or by e-mail (hereinafter "purchase contract"). For products and services offered by a third party, the contract is concluded directly between the third party and the customer. In this case, CO2 Börse AG always acts only as an intermediary and service provider for the third party, but does not itself become a contractual partner of the customer.
4 Delivery / collection
Unless otherwise agreed, the customer is informed by telephone or in writing after all contractually agreed services have been performed and can collect their vehicle or conveyance at CO2 Börse AG's collection point in Volketswil. If the customer wishes to have their vehicle or conveyance delivered to another address, this must be agreed separately and the customer bears the resulting additional costs. The delivery address must be in Switzerland or Liechtenstein and be easily accessible by truck. If this is not the case, the customer bears any additional costs. Upon delivery, the customer must be present on site for the handover. If the customer does not accept the ordered products on the agreed or announced delivery date, CO2 Börse AG may return the product to CO2 Börse AG's collection point at the customer's expense. A renewed delivery is, independently of the first delivery, again subject to a charge.
5 Duty to inspect
The customer must inspect in advance the vehicles for which they use CO2 Börse AG's services, document any damage and report such damage to CO2 Börse when placing the order. The customer must immediately inspect delivered or collected products for correctness, completeness and transport damage. Transport damage, incorrect and incomplete deliveries must be reported within 5 calendar days from the time of collection or delivery. A vehicle with potential transport damage must not be put into operation.
6 Warranty
6.1 Basic provisions CO2 Börse AG provides a warranty for two years after delivery or collection by the customer that the service provided or the product ordered is free of defects. This explicitly concerns the products and services ordered from CO2 Börse AG, and not any vehicles on which one or more services were performed. The warranty period runs regardless of the provision of any warranty services. CO2 Börse AG may provide the warranty, at its option, by – free repair (the original warranty period continues to run on the entire product); – partial or full replacement with an equivalent used/repaired product; – replacement with a new product; – credit at the daily price (at most the sales price at the time of the order); or – reduction. Wear parts such as in particular batteries, rechargeable batteries, power cables, adapters, bulbs as well as software problems are excluded. Otherwise, the exclusions of liability under clause 7 apply.
7 Liability and exclusions of liability
7.1 Liability Liability is governed by the applicable statutory provisions. However, CO2 Börse AG is in no case liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages resulting from delayed delivery, as well as (v) any acts and omissions of CO2 Börse AG's auxiliary persons or subcontractors, whether contractual or non-contractual. Otherwise, CO2 Börse AG or subcontractors decline liability in the event of force majeure, in particular damage from natural elements and moisture, etc., which is not attributable to CO2 Börse AG. 7.2 Limitations of liability CO2 Börse AG excludes without restriction any liability for losses or damages of any kind — whether direct, indirect or consequential — that may arise from the use of or access to CO2 Börse AG's websites or from links to third-party websites. CO2 Börse AG does not guarantee that the individual parts of its website function without error. In addition, CO2 Börse AG declines any liability for manipulations of the internet user's IT system by unauthorised persons.
8 Payments
8.1 General Payments must be made in the currency of the invoice. In the case of advance payment, delivery takes place only after receipt of payment. In the case of purchase on account, the customer is obliged to settle the invoice amount within 10 calendar days of receipt of the delivery, without any (discount) deduction. 8.2 Default of payment If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts that the customer owes to CO2 Börse AG under any title become immediately due and CO2 Börse AG may claim these immediately and suspend further deliveries. CO2 Börse AG charges a handling fee of CHF 20.– for the 2nd reminder and a handling fee of CHF 50.– for the 3rd reminder. If the reminder is unsuccessful, the invoiced amounts may be assigned to a company commissioned with debt collection. In this case, an effective annual interest of 15 % may additionally be charged on the amount owed from the due date. The company commissioned with debt collection will assert the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9 Changes to the order or cancellation
Orders oblige the customer to accept the products and services. CO2 Börse AG may accept subsequent changes or cancellations of the customer's orders at its own discretion and charge a handling fee of 20 % of the cancelled order value, but at least CHF 120.–. If, after an order or the conclusion of the contract in accordance with chapter 3, a (partial) impossibility of delivery (condition subsequent) occurs, the customer is informed without delay by telephone or e-mail. If the customer has already paid, this amount is refunded to them. If no payment has yet been made, the customer is released from the obligation to pay. Any further claims for delayed delivery or failure of delivery are excluded.
10 CO2 assignment
CO2 Börse AG manages a CO2 pool registered with the SFOE and buys and sells CO2 assignments of new vehicles. For the assignment of a vehicle's CO2 into a pool to be valid, the vehicle must be registered with a Swiss road traffic office in the same year in which it was assigned and remain registered for one year. The customer undertakes to register the assigned vehicles in the same category they stated at the time of purchase or sale (N1, M1, etc.) and in the same year in which the assignment takes place, with a Swiss road traffic office, and not to deregister them for one year. Should the Swiss Federal Office of Energy declare the assignment void due to non-registration or premature deregistration, the assignment cannot be reversed and the following rules apply: – If CO2 Börse AG has issued a credit for CO2, the customer must repay the credited amount. – If CO2 Börse AG has issued an invoice for the assignment of a vehicle, CO2 Börse issues, for each year in which the vehicle was not registered, a renewed invoice for the quantity of CO2 recalculated that year based on weight and emissions, at the same price per gram, until the vehicle is registered.
11 Other provisions
11.1 Partial invalidity Should individual provisions of these Terms be invalid or ineffective, this does not affect the validity of the remaining provisions or of these Terms as a whole. 11.2 Place of jurisdiction and applicable law All legal relationships between CO2 Börse AG and the customer are subject to substantive Swiss law. The Vienna Sales Convention does not apply. Winterthur is the exclusive place of jurisdiction. 11.3 Copyright notice All rights, in particular copyrights, in these Terms belong to CO2 Börse AG. Any reproduction, distribution or other use is prohibited and permitted only with the express written consent of CO2 Börse AG. In the event of a breach of this provision, CO2 Börse AG reserves all legal remedies.
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