General Terms of Business

General terms and conditions

 

REWI Car Spare Parts Ltd.

 

Applicability and Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all business relations between REWI Autoersatzteile GmbH (hereinafter referred to as REWI) and buyers (hereinafter referred to as Customer), for products, in particular car spare parts (hereinafter referred to as Products), purchased in particular via the Website (hereinafter referred to as Webshop).

1.2 This applies unless otherwise agreed in writing between the parties. Deviating provisions shall take precedence over these GTC and shall apply only if REWI has expressly accepted their validity in writing. The GTC shall apply if the Customer explicitly or tacitly accepts them or if REWI has started to provide the service.

1.3 The web store is operated by:

REWI Auto Spare Parts Ltd.

Kupferwiesenstrasse 7

9325 Roggwil TG

UID No. CHE-108.343.154

Phone +41 71 845 56 00

Mobile +41 79 584 50 85

E-mail: info@rewi-gmbh.ch

1.4 REWI reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC in the webshop. The relevant date for the applicability of the valid GTC in case of purchase of a product is the date of submission of the binding order.

1.5 By placing a binding order for products in the webshop, the customer agrees to the following terms and conditions as well as the privacy policy and declares that he is authorized to conclude legally binding contracts and is at least 18 years old.

 

Subject

2.1 REWI sells spare parts for US vehicles, in particular for Ford Motor Company, Chrysler (FCA/Stellantis) and General Motors (GM).

2.2 The subject of these GTC is the use of services provided by REWI to Customers through the following sales channels:

- Webshop: www.eshop-rewi.ch

- e-mail

- Telephone

2.3 The agreement to these GTC is made by using the corresponding services. When using individual services of REWI, the Customer may be requested to repeat the consent to the GTC by clicking on a corresponding confirmation field.

2.4 The use of personal data is regulated by the Privacy Policy. The Privacy Policy is an integral and binding part of these GTC.

 

Conclusion of a purchase contract

3.1 The presentation of the products in the web store does not constitute a legally binding offer, but only a non-binding online catalog or a non-binding invitation to the customer to order the product in the web store. REWI expressly reserves the right to change the products themselves as well as the contents, such as pictures, assortment, prices and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertisements and other information related to the Products may differ from these and are for information purposes only and are not binding on REWI.

3.2 The Customer may place a binding order for the Products selected by him via the Web Shop. The Customer can put the products he selects into the "shopping cart". This is not yet considered a binding order. An order is only considered binding when the customer clicks on the "Confirm" button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.

3.3 An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of his order and the terms and conditions accepted by him during the ordering process. The confirmation e-mail serves only as information that we have received the order. The automatic order confirmation does not constitute a purchase contract. By sending the order, the customer confirms that he has read the GTC and agrees to them without reservation.

3.4 After the customer has placed a binding order, REWI is free to either accept the order or to reject it by sending a corresponding notification by e-mail and without assuming liability towards the customer or third parties. Any payment already made shall be refunded by REWI to the Customer upon cancellation of the order by REWI. Reasons for refusal of an order may be, for example, if a product is no longer available, if REWI cannot obtain authorization for the Customer's payment, or if there is reason to believe that the Customer is acting in violation of these GTC, individual contracts, fraudulent or other criminal activities, or for any other important reason.

3.5 Upon acceptance of the order, a binding purchase contract with the customer is created. This acceptance takes place at the latest by the shipment of the ordered products.

3.6 Any commercial distribution or resale of the Products purchased from REWI is strictly prohibited.

3.7 The contractual service does not include installation or removal of car parts.

 

Availability and reservation of performance for non-deliverable products

4.1 All information about the availability, shipment and delivery of a product is preliminary information and approximate. They do not constitute binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.

4.2 REWI's products are available as long as stocks last. If during the processing of the order REWI finds out that the products ordered by the Customer are not available, the Customer shall be informed about it immediately. In this case, a contract for the products that are not available shall not be concluded, as the ordered products cannot be delivered.

4.3 Furthermore, REWI reserves the right to limit the number of items that can be purchased by a Customer. In this case, we shall inform the customer accordingly by e-mail.

 

Prices and Shipping Costs

5.1 The products and prices correspond to those indicated in the web store. All prices are quoted in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 8.1%. The total price of the order, including all ancillary and shipping costs, is displayed at the end of the ordering process.

5.2 With the binding order the customer declares that he agrees with the total price for the ordered products. After the binding order, the price cannot be adjusted.

5.3 REWI reserves the right to change the prices at any time. The products shall be charged on the basis of the prices offered at the moment of placing the binding order.

 

Terms of Payment / Credit Assessment

6.1 Orders are generally due for payment immediately.

6.2 The customer has the possibility to pay with the means of payment, which are displayed in the webshop or in the order process. These may change from time to time. In addition, REWI reserves the right not to offer certain payment methods in a specific individual case and to refer to other payment methods used by REWI (for example, to hedge the credit risk, only those according to the respective credit rating). REWI is expressly authorized by the Customer to carry out creditworthiness checks at its own discretion and, if necessary, to pass on data of the Customer to third parties for this purpose.

6.3 By choosing the means of payment, the Customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The Customer authorizes REWI to collect payments in the corresponding way. In case of chargebacks, REWI is entitled to reimbursement of related costs and bank processing fees. Furthermore, REWI shall not be liable for any fees or other amounts that the card issuer or bank may charge the Customer as a result of processing the payment in accordance with the Order.

6.4 If the Customer pays by credit card or alternative payment method, we reserve the right to verify the validity of the card, to check the availability parameters for collection and address data, and to request authorization from the card issuer or payment provider. Furthermore, the Customer confirms that the credit card is valid and that the payment data entered are correct. In case of payment rejection, REWI reserves the right to cancel the order and stop shipping the products. In this case, REWI shall immediately contact the Customer.

6.5 In case of payment by invoice, the Customer shall receive the invoice with payment slip with the delivery of the goods or by e-mail. The payment shall be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, REWI is entitled to charge its expenses for each reminder of at least CHF 50.00 and further costs connected with the collection as well as the legal interest on arrears. Should the initiation of a debt collection become necessary, REWI will charge an additional processing fee of at least CHF 200.

 

Terms of delivery

7.1 The delivery is always carried out by an external delivery service (Post, UPS, Planzer Parcels, or similar). The shipment is at the expense and risk of the customer. The products will be delivered to the customer immediately after receipt of full payment. The delivery time depends on the stock and the external delivery service.

7.2 If the Products are marked as out of stock when the order is placed, REWI shall make every effort to deliver the Products as soon as possible. REWI shall make every effort to comply with the stated delivery times. However, REWI shall not be responsible for any delays in delivery, regardless of their cause. The Customer shall be informed immediately of any delays in delivery.

7.3 If the delay in performance lasts more than 3 weeks after the original delivery date, the customer shall be entitled to cancel his order. Further claims, in particular claims for damages, are excluded.

7.4 If the delivery of the product fails due to the fault of the customer despite two attempts of delivery, REWI may withdraw from the contract. Payments made, if any, shall be refunded immediately.

 

Retention of Title

8.1 REWI shall remain the owner of the delivered products until they have been paid for in full.

8.2 Logos and illustrations, which are shown in the webshop, are property of the respective product manufacturers.

 

Right of withdrawal and return

9.1 Prerequisites

9.1.1 For all purchases of the Products through the REWI Webshop (except for certain Products; see the restrictions on revocation below), REWI grants the Customer a voluntary right of revocation within 10 days after receipt of the Products, without the need for the Customer to justify this. The customer can withdraw from the contract within 10 days after receipt of the goods by returning the goods in original packaging to REWI or by notifying the withdrawal in text form (e.g. letter, e-mail, fax). The 14-day return period starts on the day after receipt of the goods and is observed if the goods or the notice of withdrawal are handed over to the post office or another transport company for return or shipment on the last day.

9.1.2 The condition for exercising the right of withdrawal is that the Customer returns the goods to REWI unused, clean, complete and intact, in the original packaging. The goods plus the completed return slip must be sent back to the aforementioned address (item 1.3).

9.2 Consequences

9.2.1 The return of a product shall be at the expense and risk of the Customer.

9.2.2 In case of proper return of the product, we will refund the total price paid by the customer not later than 14 days from the day we received the product. Unless otherwise agreed with the customer, the refund will be based on the original method of payment used and will always be made to the associated account that was used for the payment. Access to the specified bank account is the responsibility of the customer. Repayment shall be made within 30 days of receipt of the goods by REWI.

9.2.3 If the return is not carried out properly, neither the purchase price can be refunded nor the product can be sent back.

9.2.4 The customer must pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary for checking the condition, properties and functioning of the goods.

9.3 Revocation restrictions

9.3.1 The right of revocation shall not apply to contracts for the delivery of products that have been individually manufactured according to the customer's own specifications or that have been clearly tailored to the customer's needs (so-called customer-specific, individualized products), or if the delivery concerns products that are not suitable for return for health or hygienic reasons and whose packaging has been opened after delivery.

 

Exchange parts / exchange fee

10.1 Exchange parts must be returned to us with a copy of the invoice within 14 days from the date of delivery in the original packaging, dry and cleaned. The exchange parts returned by you must reach us in a revisable condition (e.g. no broken brake calipers, housings of starters and alternators etc.) otherwise we cannot refund the exchange fee to you.

 

Notice of Defects / Warranty

11.1 REWI warrants that the goods are in conformity with the warranted characteristics and do not have any defects impairing their value or their fitness for the intended use.

11.2 After receipt of the products, the Customer shall immediately check them for correctness, completeness and possible damages. Defects or damages shall be reported to REWI within 5 working days. Defects, which could not be discovered during a proper inspection and appear later, shall be reported in writing immediately after their discovery. If the Customer fails to inspect the defect or report it immediately, the goods shall be deemed approved and the Customer shall no longer be entitled to make any claims against REWI.

11.3 A warranty of 6 months from the date of delivery is granted. The legal warranty claims are excluded.

11.4 Excluded from the guarantee or warranty are products damaged by the customer's own fault or by third parties. These are in particular:

- Defects due to incomplete, faulty or contrary to instruction assembly or installation.

- Defects due to improper or improper handling.

- Minor defects which do not affect the usability.

- Defects in parts purchased second-hand.

11.5 The guarantee or warranty claims of the customer are limited to replacement delivery or removal of defects/rectification under exclusion of all other claims, in particular reduction or compensation of indirect and consequential damages (e.g. installation and removal costs). REWI shall decide on replacement delivery or rectification of defects at its own discretion. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in case of considerable defects.

11.6 The customer has to send the notice of defect immediately to the address mentioned above (point 1.3), stating the order number, customer number, description of the defect and other useful information.

11.7 The Customer shall return the defective Product within 8 days from the date of delivery with a copy of the invoice and a detailed description of the defect to the aforementioned address (clause 1.3).

to be returned. The return of a product is at the expense and risk of the customer. The product can be returned only in the clean, undamaged original packaging and in unused condition.

 

Registration for an account

12.1 When registering for a customer account, the customer can view information about the completed, open and recently shipped orders and manage and store his address data, any payment data and any newsletter. Since the customer data are stored, they do not have to be re-entered for a new purchase.

12.2 If the customer registers for a customer account, he is responsible for ensuring that his personal data required for registration are truthful and complete. He is obliged to treat the personal access data confidentially and not to make them accessible to unauthorized third parties. REWI assures to treat the data confidentially and not to pass it on to unauthorized third parties. For more information on data protection, please refer to the Privacy Policy. REWI US Autoteile Shop.

12.3 Registration is free of charge. Each customer is entitled to maintain only one customer account. REWI reserves the right to delete multiple applications and to admonish, block or delete or modify the content of registered customers who violate these GTC or individual agreements.

12.4 REWI is not obliged to accept the registration or the order of a registered Customer.

 

Complaints and grievances

13.1 REWI attaches great importance to customer satisfaction. The Customer may contact us at any time using the contact information provided at the beginning of this document. REWI shall endeavor to examine the inquiries and complaints as soon as possible. REWI will contact the customer after receiving the inquiry or complaint. Complaints or inquiries shall be made stating the exact problem or error signs. If necessary, a copy of the order documents shall be provided or at least the order number, customer number, etc. shall be indicated.

 

Liability

14.1 REWI shall be liable in case of breach of its own obligations arising from these GTC and the contractual relations based thereon for damage caused and proven to have been caused by it by unlawful intent or gross negligence. For slight and medium negligence as well as for indirect and consequential damages, liability is expressly excluded, whether based on a contract, tort or any other cause. Indirect damages include, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairment or interruption of the availability of REWI's services. Furthermore, REWI shall not assume any contractual or extra-contractual liability for damages caused by auxiliary persons used for the provision of the service.

14.2 The above exclusions and limitations of REWI's liability shall not apply in case of culpable injury to life, body and health directly caused by REWI as well as in case of mandatory legal regulations, including the regulations of the Product Liability Act.

14.3 Subject to the foregoing, the total liability under these GTC, irrespective of the reason, and to the extent permitted by law, shall be limited to the price of the Products ordered by the Customer from REWI.

14.4 Event beyond the control of REWI

14.4.1 In case of occurrence of an event beyond the control and influence of REWI (so-called force majeure), REWI shall not be liable or responsible for non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. This is especially in the following cases:

- In case of strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemic, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, motor routes or other means of public or private transport.

14.4.2 In case of any event beyond the control of REWI affecting the performance of its obligations under the Contract, REWI shall inform the Customer thereof at the earliest possible time.

 

Data Protection

15.1 REWI collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of personal data, rights and related issues, the Customer may refer to the Privacy Policy under Privacy Policy. REWI US Autoteile Shop, which forms an integral part of these Terms and Conditions.

 

Copyright

16.1 The information and contents published on the Website are protected by copyright and are the property of REWI or the respective rights holder. Duplication, processing, distribution or any other form of exploitation require the prior written consent of the respective copyright holder. REWI and the respective rights holder expressly reserve all rights in this respect.

 

Severability clause

17.1 If any provision of these General Terms and Conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same shall apply to any loopholes in these GTC.

 

Applicable law and place of jurisdiction

18.1 These GTC, the contractual relations based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18.2 The place of jurisdiction shall be at the registered office of REWI.

 

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 Status: November 2020