Terms and Conditions
General Terms and Conditions hostettler ag sursee for business transactions on https://shop.yamaha-motor.ch/
The following General Terms and Conditions (GTC) are an integral part of the contract between hostettler ag sursee (hereinafter: hostettler) and the customer/purchaser/buyer (hereinafter: Customer). Any deviating terms and conditions of the Customer shall not be recognised by hostettler unless hostettler has expressly agreed to their validity in writing in an individual case prior to the conclusion of the contract.
2 Offer and conclusion of contract
The offers of hostettler represent open and non-binding invitations to place an order on the part of the Customer. They are subject to the possibility of delivery and can be changed at any time.
An order placed by the Customer constitutes a binding contractual offer. A contract shall only be concluded upon hostettler's written order confirmation.
Hostettler may prepare an individual offer if the Customer expressly requests this. Such a quotation from hostettler shall also only constitute an invitation to place an order on the part of the Customer. Unless otherwise agreed in writing, such a quotation shall remain valid for 30 days.
An order from the Customer is accepted on the terms and conditions at the time the contract is concluded.
Silence on the part of hostettler shall not be deemed to be consent or acceptance of the Customer's order.
Statements made by hostettler prior to the Customer's order in the context of a quotation or order processing shall only be binding as agreements on the nature of hostettler's deliveries or services if they are expressly confirmed as binding by hostettler in writing with a written order confirmation or thereafter. Price lists, brochures, manuals and the like do not constitute such confirmations. Information designated as approximate values shall only serve to give the Customer an approximate impression and shall never be deemed to be guaranteed information.
hostettler is free to refuse orders in whole or in part without giving reasons. In this case, the Customer will be informed, and any payments already made will be refunded. Further claims are excluded.
3 Ordering options
Orders can be placed electronically via the hostettler online shop at https://shop.yamaha-motor.ch/.
4 Online shop
In order to use hostettler's online shop, the Customer must create a user account. In doing so, the Customer is obliged to provide hostettler with the information required to open a user account truthfully and completely. The Customer is responsible for his/her user account, the protection of his/her user name and password and undertakes to treat the relevant data confidentially and not to make it accessible to any unauthorised third party.
All orders placed via the user account are assigned to the Customer as the online account holder and are binding. Any damage caused by misuse of the user account or incorrect manipulation shall be attributed to the Customer. Hostettler shall not be liable for misuse of the user name and password by third parties. The Customer is obliged to report any misuse of his/her user account to hostettler without delay. Hostettler, for its part, treats all access data as strictly confidential.
There is no entitlement to admission to a user account. Hostettler is entitled to refuse admission to a Customer without giving reasons or to immediately cancel an admission once granted at any time without prior notice and without giving reasons. Reasons for such a refusal / cancellation may be, for example: False or untrue information during registration, misuse of information provided by hostettler or endangering the functionality of an online shop, failure to meet payment deadlines, insolvency or bankruptcy of the Customer.
The Customer has the right at any time to request in writing the cancellation of his registration as a Customer or the deletion of the user account for the online shop, as long as this does not threaten to impair the processing of ongoing contractual relationships. hostettler undertakes to delete all user data and all other personal data stored about the Customer as soon as these are no longer required for the processing of ongoing contractual relationships and no longer need to be stored in accordance with the statutory provisions. Further details can be found in the data protection declaration at https://shop.yamaha-motor.ch/.
5 Conditions of delivery
Unless otherwise agreed, delivery shall be made to the delivery address provided by the Customer in the context of setting up the user account or in the context of the order.
The delivery costs shall be borne by the Customer, including all components that may be incurred, such as taxes, duties, fees and customs duties. If hostettler assumes such components of the delivery costs, they will be explicitly listed as price components.
Delivery dates shall only be considered binding if they are expressly designated as binding by hostettler in writing. All other delivery dates are merely non-binding indications of the time at which the service is expected to be provided. The Customer may not derive any claims from a delivery made later than announced.
Delivery dates refer to the time at which the goods are dispatched by hostettler or for which hostettler has notified the Customer that the goods are ready for dispatch or that it is possible to collect the goods.
Delivery periods shall commence when, on the one hand, a concluded contract exists and, on the other hand, the Customer has fully fulfilled his obligations under this contract (e.g. advance payment of the purchase price, communication of the Customer data necessary for delivery, etc.). hostettler shall be entitled, irrespective of this, to fulfil the contract prematurely.
hostettler shall choose the mode of dispatch at its own discretion and without guaranteeing the cheapest and/or fastest mode of transport. If the Customer requests otherwise, he shall bear any additional costs compared to the cheapest possible mode of dispatch. The Customer shall inform hostettler prior to the conclusion of the contract if s/he wishes a certain mode of shipment. Any requests made by the Customer after the conclusion of the contract regarding the mode of shipment can only be considered by hostettler in exceptional cases; there is no entitlement to such requests.
If hostettler is prevented from providing the service/delivery in accordance with the contract for reasons beyond its control, delivery and service deadlines shall be deemed extended by the duration of the impediment and by a reasonable start-up time after the end of the impediment. Hostettler shall notify the Customer of the impediment. This includes, in particular, delays in delivery caused by manufacturing companies, suppliers or other third parties. Further examples of such reasons are cases of force majeure such as acts of God, mobilisation, war, warlike conditions, unrest, riots, epidemics, accidents and illness, significant operational disruptions, labour disputes, strikes, lockouts, excessive increases in the cost of raw materials or means of transport, traffic disruptions as well as official measures such as export, import and transit restrictions or bans.
6 Obligation to accept a delivery
The Customer is obliged to accept the products delivered by hostettler in accordance with the contract. If the Customer refuses to accept the products, it is up to hostettler whether it insists on the fulfilment of the contract or withdraws from the contract. In any case hostettler shall be entitled to charge a handling fee of 10% of the invoiced price. The right to claim further damages remains reserved.
All components of the final price are explicitly mentioned in the invoice (e.g. net purchase price, VAT, advanced recycling fees, delivery costs, etc.). If no other components are mentioned on a document other than the invoice (e.g. catalogue, etc.) in addition to the purchase price, the Customer must assume that other price components may be added, such as VAT. Hostettler reserves the right to make changes to prices and conditions, the availability of products and to correct obvious errors and typing mistakes. Claims for damages as a result of obvious errors and typing errors are excluded.
Unless otherwise agreed in writing, the Customer shall pay the price for the goods/services purchased by him/her at the latest upon conclusion of the contract.
This payment must always be made in accordance with the options indicated in the section Payment methods found on https://shop.yamaha-motor.ch/. There is no entitlement to partial payments. These can only be permitted by means of an express written agreement.
The right of set-off is excluded.
The assertion of any counterclaims of the Customer against hostettler shall not release the Customer from its obligation to pay.
10 Default of payment by the Customer
If the Customer fails to comply with any agreed payment date after the conclusion of the contract, hostettler may, without prior reminder, immediately either insist on the performance of the contract and, if necessary, claim additional damages, or withdraw from the contract, reverse the contract and claim damages.
The Customer shall pay a default interest of 5% from the moment the payment is due for as long as the contract continues to exist.
The Customer will be charged a processing fee of CHF 30.00 for each reminder issued.
11 Modification/cancellation of an order
If a Customer wishes to change or cancel an order, s/he must inform hostettler of this as soon as possible. Hostettler will inform the Customer within two weeks whether the change/cancellation can be made and what effect, if any, it will have on the provision of the services, the prices and the delivery date. Hostettler shall be bound by any such amended offer for a period of two weeks.
The amendment/cancellation of orders concerning products that have already been dispatched or handed over is excluded.
The Customer is requested to use the contact form at https://shop.yamaha-motor.ch/ for this purpose if possible.
12 Return of products already dispatched/transferred
The return of defect-free products is generally possible. Such products must be returned within 14 days of the delivery date in new condition and in unopened original packaging (eBikes: unused) or returned to a Yamaha partner that was selected as the service centre during purchase by the Customer. For delayed returns, a handling fee of up to 20% of the invoiced price will be charged and deducted from the credit note. The return of products that are returned after 30 days or later is excluded as a matter of principle.
In any case, the return of products that have been individually ordered, manufactured, processed or installed for the Customer, of all electronic components, regardless of whether they have been individually ordered, manufactured, processed or installed or not, and of underwear is excluded.
The Customer is responsible for the return shipping costs. When returning products such as clothing and accessories etc. to the Yamaha partner, no return costs are incurred. When returning eBikes, a return fee of CHF 200 per eBike will be charged, even if the eBike is returned to the Yamaha partner.
Binding information on the procedure for returns by post or returns to a Yamaha partner are explained in the return form, which the Customer must follow. These are also listed at https://shop.yamaha-motor.ch/.
13 Transfer of benefit and risk
If delivery of the goods to the Customer has been agreed, the benefit and risk of the ordered goods will pass to the Customer when the goods are handed over to the carrier. If the Customer physically collects the goods from a Yamaha partner, the goods will be made available for collection for 7 days. At the time of collection, the Customer is required to sign an appropriate delivery document. If a third party collects the goods on behalf of the Customer, the Customer must indicate the third party in the webshop in the form provided; otherwise hostettler may refuse to hand over the goods. If the Customer or a third party designated by him/her collects the goods from a Yamaha partner, the benefit and risk of the ordered goods shall pass to the Customer upon handover of the goods. Any liability for damages incurred by the Customer due to loss, theft, misuse, etc. in connection with the collection is expressly excluded.
14 Reservation of ownership
If hostettler and the Customer have reached an agreement whereby the Customer is not required to pay the full price prior to or upon conclusion of the contract, hostettler shall remain the owner of the products delivered or handed over until it has received the full payments owed by the Customer under the contract. The Customer authorises hostettler to make an entry in the Reservation of Ownership Register (Art. 715 SCC) at the Customer's expense. In particular, the Customer agrees and consents that hostettler may unilaterally make the registration with the competent Reservation of Ownership Register.
In the event of mixing and processing of the delivered products, hostettler shall have co-ownership of the newly created object, namely in the event of processing in the ratio of the gross invoice value of the delivered products to the value of the complete object, in the event of mixing in the ratio of the gross invoice value to the value of the other goods with which the product was mixed.
If a reservation of ownership has been entered in the register, the Customer is obliged to handle the goods with care and to insure them adequately against all usual risks, in particular fire and theft, if hostettler expressly requests this. Proof of insurance cover must be provided on request. The costs for the insurance shall be borne by the Customer. The Customer is obliged to assert claims arising from a case of damage against the insurance company at his/her own expense.
The Customer is obliged to inform hostettler immediately in writing of any third-party claims. In the event of failure to do so, the Customer shall be liable for damages.
15 Examination of hostettler's services and notification of defects
The Customer is obliged to inspect hostettler's services without delay for completeness, conformity with the delivery documents and for defects and to claim any recognisable deviations and defects in writing without delay, stating the order number. A defect in this sense shall also be deemed to be a wrong delivery. Insofar as a complaint is not made within 48 hours of receipt by the Customer, the products shall be deemed to be free of defects in all functions and the service shall be deemed to have been approved.
Should defects come to light at a later point in time that were not recognisable upon careful examination, a written notice of defect must be made to hostettler within 48 hours of their discovery. Otherwise, the product or the work shall be deemed to have been approved also with regard to these defects.
Any costs of the inspection shall be borne by the Customer.
The timely dispatch of the notice of defects shall be sufficient for the preservation of the Customer's rights.
The Customer has the option to return products such as clothing and accessories to hostettler. Furthermore, the Customer has the option of handing over these products to a Yamaha eBike contract partner of hostettler in order to exercise the warranty on the part of the manufacturer and subsequently collecting it again at the place of return. When returning eBikes, it is mandatory to hand them in at a Yamaha eBike contract partner. Returns and reshipments are at the expense and risk of the Customer. If the notification of defects proves to be justified, hostettler may bear any shipping costs, otherwise these remain with the Customer.
The technical data of products originating from third party manufacturers or licensors are provided to hostettler by the manufacturers of these products. Hostettler can therefore not guarantee the correctness, completeness and up-to-dateness of this data or the suitability of a product for the purpose intended by the Customer. It is the responsibility of the Customer to check this suitability.
16 Warranty in case of timely notice of defects
In the event of defects in own products of hostettler notified in due time, hostettler warrants that it will repair the product or - in special cases - provide a replacement free of charge, at its discretion.
For defects of services provided by hostettler that are notified in due time, hostettler warrants that it will remedy the detected defects free of charge.
In the case of both aforementioned warranty variants, hostettler shall decide whether to provide the warranty at its registered office, at the registered office of a Yamaha partner, if any, or on the Customer's premises.
The warranty for defects in products of third-party manufacturers or licensors, which were purchased from hostettler, is based exclusively on the content of the warranties granted by the respective third-party manufacturers or licensors. In the case of defects in third-party products notified in due time, the Customer shall only be entitled to claim from hostettler that hostettler asserts the warranty on behalf of the Customer with the third-party manufacturer or licensor. In this case, the defective product will also be repaired or - in special cases - replaced free of charge at the discretion of the manufacturer or hostettler. If the manufacturer or licensor does not voluntarily fulfil its warranty obligation, the Customer authorises hostettler to assign the warranty rights to the Customer for legal enforcement.
Hostettler does not accept any warranty for normal wear and tear of products as well as for defects caused by improper handling, incorrect operation, improper storage, inadequate maintenance, extreme environmental influences, use of unsuitable operating materials, disregard of operating instructions, excessive stress (such as in the case of racing use of products not intended for such use), natural corrosion, force majeure and other reasons beyond hostettler's control.
Warranty claims expire if the Customer or a third party carries out their own modifications or repairs.
Hostettler draws the Customer's attention to the fact that the use of non-original spare parts may invalidate the warranty and liability claims against the manufacturer of a vehicle or device. With regard to warranty and liability, reference is made in this case to the warranty provisions of the corresponding manufacturer of the non-original spare part.
17 Intellectual property rights
hostettler warrants in accordance with the provisions of this Clause 17 that hostettler's products are free from any industrial property rights or copyrights of third parties which may be asserted against the Customer and which could prevent the Customer from using the products without restriction. Each contracting party shall notify the other contracting party in writing without delay if claims are asserted against it due to the infringement of such rights.
If a product infringes an industrial property right or copyright of a third party, hostettler shall, at the Customer's option and at hostettler's expense, modify or replace the product in such a way that no third-party rights are infringed any more, but the product continues to fulfil the contractually agreed functions. If hostettler does not succeed in doing so within a reasonable period of time, the Customer shall be entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damages by the Customer shall be subject to the limitations set out in Clause 18 (Liability).
In the event of infringements of rights by products of other manufacturers supplied by hostettler, hostettler shall, at the option of the Customer, assert its claims against the manufacturers and upstream suppliers for the account of the Customer or assign them to the Customer. In such cases and in accordance with the provisions of this Clause 17, claims against hostettler shall only exist if the legal enforcement of the aforementioned claims against the manufacturers and upstream suppliers has been unsuccessful or is futile, for example due to insolvency.
Any liability on the part of hostettler is excluded to the extent permitted by law; this applies in particular to pure financial loss, indirect damage or consequential damage such as loss of profit and damage caused by the use of non-original parts. The provisions of the relevant product liability standards remain unaffected.
The liability of hostettler for its auxiliary persons is excluded to the extent permitted by law.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times in every case according to the current state of the art. Hostettler is therefore not liable for the constant and uninterrupted availability of the online trading system or for technical or electronic errors with regard to hostettler's web shops or other electronic communication, in particular not for the delayed processing or acceptance of orders, insofar as hostettler is not responsible for these errors.
19 Data protection
The website https://shop.yamaha-motor.ch/ and catalogues and other written documents used by hostettler in connection with its business activities are subject to copyright protection.
Any use of these documents as well as the websites and any of their components for purposes other than for viewing hostettler's offer, for placing orders as well as for contacting hostettler in connection with goods from hostettler or orders placed with hostettler is prohibited, insofar as it goes beyond private use, unless hostettler has given its express prior written consent.
21 Assignment of Customer claims and rights arising from this contract
The Customer may only assign rights and obligations arising from a contract with hostettler, to which these GTC apply, to third parties with hostettler's prior written consent.
22 Place of performance
The place of performance for all obligations arising from this contract, in particular for payment of the purchase price, is Sursee, Canton of Lucerne, Switzerland, unless otherwise expressly agreed in writing.
23 Deviations from these GTC
Any deviations from these GTC as well as supplements or other ancillary agreements to these GTC can only be agreed in individual cases and must be in writing to be valid.
24 Applicable law and place of jurisdiction
These contractual terms and conditions and the entire legal relationship between hostettler and the Customer shall be governed by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for consumer contracts is governed by Art. 32 of the Swiss Code of Civil Procedure.
If no consumer contract is involved, Sursee, Canton Lucerne, Switzerland, shall be the place of jurisdiction for all disputes in connection with hostettler's deliveries and services.
25 Changes to the GTC
hostettler reserves the right to amend these GTC at any time. Amendments will be made available on the website https://shop.yamaha-motor.ch/ and will come into force when they are published. For contracts with hostettler, the GTC currently valid on the day of the conclusion of the contract shall always apply.
26 Protection of minors
By placing an order, the Customer confirms that s/he is of legal age or has the appropriate authority from his/her legal guardian to place this order.
27 Final provision
Should any provision of these GTC be or become invalid or should the contract contain a loophole, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties; the same shall apply in the event of a loophole.
These GTC are also available in French, Italian and German. In the event of contradictions, the German version shall prevail.
hostettler ag sursee
Tel: +41 41 926 61 11