1. Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC – B2B”) apply to all transactions concluded by Farie AG online (”webshop”) or offline (”bilateral or electronic agreements”) with a legal person, partnership or individual companies. Farie AG reserves the right to amend these GTC – B2B at any time. The respective current version of these GTC – B2B at the time of the transaction shall apply. GTC of the counterparty or deviating conditions are recognised only insofar as Farie AG has expressly so agreed.Deliveries are made exclusively to addresses in Switzerland.
The respective offer applies for as long as the product is offered in the webshop but is always subject to changing prices. It cannot be ruled out that, in the case of great interest in a product, this product would appear to still be available in the webshop but is actually no longer available. All information on availability is therefore provided without guarantee and may change up until the conclusion of a purchase contract. In the case of offline offers, offers extended first become binding for Farie AG upon irrevocable order, payment or pick-up of the product.
2. Prices and scope of performance
The prices stated for the vehicles and other products are indicative; the effective prices may deviate from these and are given at the checkout in the webshop. In the case of offline offers, the given price is binding subject to price changes up to payment or handover.The prices for the services can be viewed with selection of the individual services in the webshop.
Prices are in Swiss francs, net and including VAT. They may be amended by Farie AG at any time up to conclusion of the contract without notice. Not included in the prices are delivery, additional work, material, replacement vehicle and further services.
3. Image and description of the vehicle
The pictured vehicles correspond in make and type; however, illustrations and symbolic images are sometimes used. There may therefore be deviations between the product photos for the vehicle and the original. This means that the product photo in the webshop is non-binding and serves illustrative purposes only.
The vehicles are described in the webshop, or descriptions communicated in offline offers. The information provided on the vehicles applies subject to any construction changes ex works or certified modifications undertaken retroactively. Information regarding fittings, colour, weight, usage, dimensions, operating costs and similar provided in the webshop or offline, in offers, in advertisements, in order confirmations, etc., has been compiled by Farie AG to the best of its knowledge. The values given should be understood as approximate values and may in individual cases deviate from the actual values. Any deviations, in particular such that they are attributable to modifications on the part of the manufacturer, do not entitle the customer to provision of the vehicle and products at the values published. Should significant deviations occur, Farie AG reserves the right to make the corresponding adjustments to its offers.
Farie AG offers its vehicles and other services online in the webshop. By clicking on the Purchase button, the buyer confirms his/her interest in the purchase of the corresponding vehicle, product or service.
In the case of offline offers, the customer confirms his/her interest in purchasing the corresponding vehicle through verbal, written or electronic notification and places the order thereby. The purchase of the vehicle is contingent upon order confirmation by Farie AG.
5. Conclusion of contract
The products and prices in the webshop apply as non-binding offers by Farie AG.The offers are always subject to availability as well as to price amendments.
Offers made offline are also subject to availability and price amendments.
A purchase contract between the customer and Farie AG is only concluded for vehicles or services once Farie AG has sent the customer an order confirmation by email.
6. Order confirmation, deposit and payment
Farie AG sends the customer an order confirmation by email as quickly as possible after the order is placed. The purchase contract is only concluded once the order confirmation has been received.
The purchase price must be transferred to Farie AG’s bank account as specified in the order confirmation. The payment terms shall be agreed individually with the customer; payment is generally made concurrently, with payment terms of 10 days after handover of the vehicle as an exception. If the invoice amount is not transferred in time, Farie AG reserves the right to withdraw from the contract and shall notify the customer of this withdrawal by email.Farie AG can require a deposit. If a deposit has been paid, Farie AG will reimburse this if the purchase contract is not concluded. Deposits do not bear interest in any case.
7. Retention of title
Vehicles and accessories remain the property of Farie AG until payment in full of the purchase price plus any applicable default interest and other obligations. Until full transfer of ownership, the customer may not dispose of the vehicles or other products in any way that would limit the right of ownership or impede or prevent its exercise; in particular, vehicles and other products may not be sold, leased, given away or pledged until full transfer of ownership. Farie AG is entitled to register a reservation of title.
8. Sale of vehicles by the customer to Farie AG
If the customer sells a vehicle to Farie AG or trades one in as payment, he/she expressly declares that:
- he/she is the sole and unencumbered owner of the corresponding vehicle and no claims by third parties or reservations of title exist;
- the vehicle is accident-free;
- the mileage on the clock corresponds to the actual mileage driven;
- he/she is unaware of any concealed defects;
- he/she bears the risk of loss, damage or depreciation until handover of the vehicle to Farie AG;
If and to the extent that concealed defects in the vehicle are discovered within 12 months of handover of the vehicle to Farie AG, Farie AG can assert these defects and the customer must compensate accordingly.
The customer must inspect the vehicle directly after receiving it and report the incompleteness of the delivery or defects to Farie AG immediately in writing. If no immediate notification is received, the vehicle is deemed complete and defect-free.
Warranty as well as refunds or price reductions are excluded. If the vehicle still has an ongoing manufacturer’s warranty, any services owed thereby shall be provided by a retail representative (brand representative) of the manufacturer. If a manufacturer’s warranty exists, the date in the manufacturer’s system or any contractually agreed commencement of guarantee shall be decisive for the commencement of the warranty period.
Insofar as Farie AG has any obligations at all, the customer has, in place of all other warranty claims, exclusively a claim to the elimination of defects by means of rectification in the form of the repair or replacement of the defective components and of any further damage to the vehicle directly caused by the defective component. All warranty obligations lapse when grounds for the exclusion of liability (see No. 16) exist. Natural wear and tear precludes the warranty obligation in every case. Farie AG is not liable for any still applicable manufacturer’s warranty.
10. Delivery/handover dates
Once order confirmation has been sent out, an individual handover date will be agreed with the customer. Such dates are non-binding, since delivery delays may occur. Delivery delays of up to 90 days must be accepted by the customer. Once this period has expired and a grace period of at least 30 days granted in writing by the customer, he/she can withdraw from the contract without liability for damages being incurred by means of written (registered delivery) statement to Farie AG. The customer expressly waives the assertion of claims arising from delayed delivery of the object of purchase. In particular, there is no claim to a replacement vehicle.
Farie AG makes every effort to arrange the delivery or handover date as far as possible in accordance with the customer’s wishes. The customer will be notified of the delivery/handover date as a time window, either bilaterally or electronically.
Time-bound delivery or handover dates first become binding for Farie AG when these are confirmed in return by email.
The customer must usually pick up the vehicle from the location specified by Farie AG. As an exception and when the customer bears the costs associated therewith, delivery can be arranged to a location specified by the customer.
Rights and obligations are transferred to the customer upon handover.
12. Default of the parties
If the customer falls into default with acceptance or the payment of the purchase price, Farie AG can (i) send the customer a written reminder, (ii) set a grace period of 30 days and (iii) after expiry of this grace period and at its discretion (a) insist in writing on the fulfilment of the purchase contract and demand compensation from the customer due to delay; (b) waive performance/acceptance by the customer and demand compensation from the customer in the form of a contractual penalty amounting to 20% of the price of the vehicle or product due to non-fulfilment; (c) withdraw from the contract, whereby Farie AG can demand compensation from the customer for damage caused by the loss of the contract. The customer recognises the purchase contract as an acknowledgement of debt.
Delay in delivery by Farie AG is regulated by No. 11. The customer has no claims in the case of default by Farie AG.
13. Transfer of risk
Until the time of the handover of the vehicle to the customer, Farie AG bears the risk of loss, damage or depreciation.
Benefit and detriment pass to the customer on the scheduled first handover date, irrespective of whether or not the customer is in default of acceptance or of payment.
Farie AG’s liability is limited, to the extent permitted by law, to intent and gross negligence. A contractual or non-contractual liability for ancillary agents is excluded. Farie AG is liable in no case for (i) slight negligence, (ii) indirect damage or consequential damage, (iii) loss of profit or non-achieved savings, and (iv) damages from delay in delivery.
Farie AG’s liability is also excluded for (i) non-contractual, unlawful or improper use, custody or storage of vehicles or products, (ii) execution of repairs, modifications or adaptations by non-certified persons, (iii) omission of regular servicing, (iv) the use of operating materials or the use of unapproved replacement parts, accessories and charging components.
In the event of force majeure (fire, water, natural catastrophes, unrest, war, riots, boycott, embargo, sabotage, strikes, pandemics and other events) and in the case of official orders, Farie AG’s liability expires and any dates agreed shall be extended appropriately.
15. Prohibition of offsetting and assignment
The customer is not entitled to set off its claims with claims by Farie AG. The customer may not transfer the contractual relationship with Farie AG to a legal successor without the written consent of Farie AG; likewise, claims from the contractual relationship with Farie AG may not be assigned to third parties without the written consent of Farie AG.
16. Data privacy
17. Partial invalidity
Should individual provisions of these GTC – B2B be invalid or unenforceable, this shall not affect the effectiveness of the remaining provisions and these GTC – B2B as a whole. Invalid or unenforceable provisions shall be replaced by a provision that comes closest economically to the invalid or unenforceable provision. Any gaps in the GTC– B2B shall be filled by provisions that come closest in terms of meaning and purpose to that which the parties would have agreed.
18. Applicable law and jurisdiction
All legal relationships between Farie AG and the customer are subject to material Swiss law. The Vienna Sales Convention is excluded. Jurisdiction for all disputes arising from this contract is the place of the registered office of Farie AG in Bannwil, Bern. Farie AG retains the right to initiate judicial procedure at the customer’s location. Excepted from the clause on jurisdiction are cases in which civil procedural law prescribes a differing place of jurisdiction.