Terms and Conditions

GENERAL CONDITIONS OF PURCHASE

Familybike.ch c/o intermediate GmbH

Scope

The general terms and conditions (hereinafter referred to as “GTC”) apply between the customer (“customer”) and intermediate GmbH (hereinafter “dealer”) for all legal transactions that take place via the online store www.familybike.ch (“web Shop») or by e-mail or via social media such as Facebook and Instagram.

The terms and conditions regulate the contractual relationship between the customer and the dealer.

These General Terms and Conditions apply in the version current at the time the contract is concluded. The Merchant may amend or change the GTC at any time at its own discretion. Deviating, additional or conflicting conditions of the customer are only recognized if the dealer has expressly agreed to their validity.

All correspondence is handled via familybike.ch c/o intermediate GmbH, Colmarerweg 9b, PO Box, 4153 Reinach BL or by email (info[at]familybike.ch).

General Data Protection Regulation

With our sales channels, the customer must provide all contact details when ordering. (last name, first name, full address, telephone number and a valid email address) as well as provide some details when contacting the Familybike team with questions/requests. The customer information is stored in the Wix customer catalog and used for further communication and/or warranty cases.

What do we do to ensure data protection for all our customers?

Wix implements and maintains a variety of technical and organizational security measures to protect the data and assets of our customers and our customers' customers. Our security team leads the moderation and development of procedures, processes, and controls that govern the security and integrity of Wix and our users. For more information, see the detailed breakdown of the Wix security measures.

Your rights under GDPR

In compliance with the GDPR, Wix provides you with an easy way to exercise your right to access any personal data we have collected about you, as well as the right to be “forgotten” (permanently deleted from our databases). Click below for instructions:

Right of access
Click here for instructions.
Right to be forgotten
Click here for instructions.

Goods and price

Images of goods in the web shop, social media (Facebook, Instagram) as well as advertising, brochures, etc. are for illustration purposes and are non-binding. In particular, the goods mentioned therein can only be ordered while stocks last.

All prices quoted include value added tax (VAT) and any advance recycling fees (ARF) in Swiss francs. Accessories, decoration and the like shown on the product images are not part of the offer unless they are expressly mentioned.

Ancillary costs (e.g. shipping costs, packaging costs, surcharges for certain means of payment, transport guarantee, services and installation fees) or customs costs for deliveries abroad are not included in the price and are shown separately and can be charged additionally. The amount of customs costs can only be estimated and are not binding. Technical changes, errors and misprints are reserved.

The trader has the right to change prices at any time. The price that is published at the time of the order applies. Price changes made after the order has been placed will not be taken into account.

Conclusion of contract

The offer from the dealer is aimed at customers over the age of 18 who are capable of acting and who are resident in Switzerland.

With his order in the online store, the customer concludes the legally valid conclusion of a contract by clicking on the button labeled "Conclude order". The customer is obliged to perform in advance with regard to the fulfillment of the contract. The ordered goods are only handed over after receipt of payment by the retailer.

Delivery / delivery date

The retailer attaches great importance to providing up-to-date information on availability and delivery times in the sales channels and as precisely as possible. If it is found after the order confirmation that an item is not available or not available, the customer will be informed. The customer cannot assert any further claims. The delivery is made either by the dealer himself or with national and international transport service providers.

The delivery period specified in the offer or in the order confirmation is only a guideline and is not binding. The customer is only informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.

Complete assembly as an additional service can be requested separately from the dealer. The complete assembly includes the assembly and delivery of the ordered products including disposal of the packaging material. This service can be revoked by merchants for capacity reasons.

If goods are delivered to the customer with obvious transport damage, the customer must immediately complain to the delivery company and also inform the dealer about it.

Inspection obligation

The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects to the dealer immediately, but at the latest after 7 days in writing by letter or e-mail to the address given.

In the case of goods whose quality is the subject of a complaint, the original packaging must be kept. The original packaging may only be disposed of after the dealer has given his written consent. In the case of forwarding deliveries, any delivery damage must be noted on the delivery note.

Warranty

7.1 Basic Provisions

The subject matter of the contract are the goods specified in the customer's order and listed in the order confirmation. Errors and omissions are reserved, especially when they affect the availability of the goods.

The properties of the goods are based on the product descriptions in the respective sales channels.

The dealer endeavors to deliver goods of impeccable quality. The delivery note plus invoice is considered a guarantee certificate. This must be kept carefully.

7.2 Frame guarantee 2 years

The frame is covered for up to 2 years from the date of purchase (date of invoice). If the customer believes that the frame has a manufacturing defect, the dealer must be contacted in writing. In the letter, the customer must describe the error in detail and attach the invoice and pictures of the error. The dealer checks any claims and contacts the customer regarding how to proceed, provided the claims are justified.

The following will be covered: Breakage/fracture of structural/vital parts of the bicycle frame (not front fork) as a result of normal private use and proper storage.

The following will not be covered:

Vandalism, misuse, overloading in addition to specification, traffic accidents and attempted break-ins are not covered.

All claims will only be covered by presenting a valid original invoice. Transport costs / collection costs are not covered.

There may be longer waiting times for repairs, as some frame types have to be manufactured or repaired by the manufacturer in external factories. There is no entitlement to a replacement.

7.3 Battery Warranty

The retailer can only guarantee coverage for damage if their recommendations and instructions have been followed.

Please note: The batteries wear out. A battery can be expected to last around 600-900 charges or 2-3 years. Depending on use and driving distance. As a battery nears the end of its life, performance is continuously reduced. This is due to technical reasons (wear and tear) and cannot be claimed as a defect.

Full battery guarantee - up to 6 months after purchase

The retailer offers a full warranty on the battery within 6 months of purchase and upon presentation of a valid original invoice. When replacing, the battery will be replaced with a new refurbished battery. After inspection by the supplier and provided there are no visible external signs of damage or similar and the charging plug is not defective, the battery will be sent to the customer.

Note: This exchange can take up to 30 business days. There is no entitlement to a replacement battery during this period. Postage charges are the responsibility of the customer.

7.4 Other

Maintenance: Mandatory bike inspection and readjustment within the first 20 km. After that, the bike needs service and adjustments every 500 kilometers.

Instructions, manuals, etc. See here: https://familybike.ch/pages/wir-empfehlen

It is at the discretion of the retailer, in the event of a defect, to fulfill the warranty by means of a replacement of equal value, repair or a refund of the price. If the retailer decides to rectify the defect or provide a replacement, the customer's claims for rescission of the contract or reduction in price and for damages are excluded. Further claims are excluded to the extent permitted by law.

If operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices or unauthorized intervention or the opening of devices, batteries or accumulators. Excluded from the warranty are damages resulting from falls of all kinds, bumps, hits, etc. The warranty for normal wear and tear of consumables and accessories is excluded. Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty rights.

If the customer suspects a production error, the dealer must be contacted by email or letter. The error must be described in detail in the letter and the invoice and pictures of the error must be attached.

The following components/parts and items are excluded from this warranty or lead to exclusion from this warranty:

• If the vehicle has been technically modified

• Subsequent conversion/installation of incompatible or non-original parts

• Consumables (see definition of consumables below)

• Non-Familybike parts/components

• Repairs not carried out by qualified personnel

• Improper use/transport (see "we recommend" in the menu on familybike.ch)

• Lack of service inspections within a reasonable period (see "we recommend" in the menu on familybike.ch)

• Improper maintenance/operation/maintenance (see "we recommend" in the menu on familybike.ch)

• Damage caused by missing or incorrect adjustment(s) or worn components

• Consequences of falls

• Damage caused by weather or normal wear and tear

• Damage caused by unsuitable cleaning agents, utensils such as high-pressure cleaners or additives used

• Commercial rental/transfer

The following parts are considered wearing parts and are excluded from the guarantee:

• Bump stops in forks and dampers

• Rain hood

• Coatings on fork stanchions and damper pistons

• Rubber moving parts

• Brake pads

• Brake discs

• Gaskets

• Feathers

• Rim flanks/brake surfaces

• Freewheel body

• Slip rings and bushings

• Grips and bar tape

• Cassettes, sprockets, chainrings

• Chains

• Bearings or bearing seats

• Air seals/O-rings

• Tires

• Shift lever rubbers

• Switching components

• Foam pieces

• Mudguards, chain guide

• Cables and outer casings

• spokes

• Dust rings

7.5 Severability Clause

Should a provision of this guarantee be or become invalid or should there be a gap that needs to be closed, the legal validity of the remaining provisions shall remain unaffected. In place of the missing or ineffective provision, a provision that comes closest to the meaning of the original provision is deemed to have been agreed.

The warranty claims are limited to the first purchaser of the goods and are not transferable.

7.6 Sale of Used Items

The warranty period for the sale of used items, such as exhibits, is 1 year.

14 days right of return

The dealer does not offer a right of withdrawal without justification. It is very important for the retailer to know why the customer wants to return the family bike so that they can develop their products better and learn from the mistakes.

If the customer wishes to return his family bike for any reason, a written statement must first be sent to the dealer by letter or email. The dealer will find a solution for picking up / shipping the family bike. A return shipping fee will be added upon collection.

If the customer wants to return his family bike, the following rules apply:

The customer must return the item to the retailer immediately and no later than 14 days after receipt. When returning, the customer is responsible for ensuring that the item is properly packaged.

The customer bears the risk of the item from the moment the item is delivered.

The customer must enclose a copy of the order confirmation and all related parts.

The retailer will not accept returns if:

• Bicycles or goods that have been opened or are no longer in their original packaging.

• Bicycles or goods made to the consumer's specifications or with a clear personal touch.

• Bicycles or goods that can be assumed to have been impaired or ridden (test ride max. 200 meters)

• Bicycles that have been (partially or fully) assembled after delivery. Returns for self-assembly only with unopened original packaging.

• Electronics connected/used

Claims for damages

Claims for damages by the customer are excluded to the extent permitted by law. This exclusion of liability applies to any type of breach of duty by the manufacturer and dealer or by a third party engaged by them in connection with the concluded contract, regardless of whether they are based on the concluded contract or on another legal basis.

Choice of law

Insofar as a choice of law is permissible, Swiss law applies exclusively to the contractual relationship between the customer and the dealer or between the customer and the manufacturer, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Subject to mandatory statutory provisions to the contrary, disputes and differences of opinion arising out of or in connection with the agreement concluded between the parties, including its validity, invalidity, breach or termination, shall be adjudicated exclusively by the ordinary courts at the registered office of the trader.

Reinach, August 2021

Familybike.ch

c/o intermediate GmbH

Colmarerweg 9b

4153 Reinach BL

Switzerland

Email: info(@)Familybike.ch

Facebook: Familybike.ch

Instagram: Familybike.ch