Terms & conditions
General - Scope of application
In our online shop "www.cargate.com" we offer vehicles to end users. Our general terms and conditions apply to all mutual claims arising from and in connection with the conclusion of the contract regarding the vehicles offered in our online shop "www.cargate.com".
We do not recognise any terms and conditions of the customer which contradict or deviate from our general terms and conditions unless we have expressly agreed to their validity. Our General Terms and Conditions shall also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our General Terms and Conditions. Individual agreements have priority.
Our General Terms and Conditions apply both to consumers and to entrepreneurs, unless we have explicitly made a differentiation in the respective clause.
Offer and Conclusion of Contract / Technical Procedure / Storage of Contract Text
The offers in our online shop are non-binding and subject to confirmation. The contract language is German. Upon request, we will also send you the contract in English, French and Italian. In the event of discrepancies between the German version and the English, French or Italian translation, the German version shall take precedence. The concrete content of the contract can be found in the respective offer.
By sending us the contract documents (see next section), you make us a binding offer to conclude a contract with you. You will then immediately receive confirmation of receipt of your order. This is not yet an acceptance. The contract is only concluded when we accept the offer by sending the order confirmation or by sending the goods.
In our online shop, the ordering process comprises several steps. In the first step you select the vehicle and then the model and vehicle type by clicking and then press "Configure now". In the next step of the ordering process, you select the engine, the vehicle colour, any optional equipment, the wheels, the upholstery and the seats as well as any special packages by clicking on the alternatives offered. At the end of each selection process, please click on "continue". After completing the configuration, you will be shown an overview showing the manufacturer's price, our price, the price for the extra equipment and the delivery flat rate as well as the final price. The order process including all details is now visible. You can check the data and make changes. To continue the ordering process, please click on "request now without obligation". In the new window, please indicate whether you are a private or commercial buyer and enter your name and contact details in the fields provided. If you wish a financing for your new car, a trade-in of your old vehicle or the transmission of the contract documents in English, French or German language, please mark this in each case and click at the end on "send". You will then receive an e-mail from us with a PDF document containing the prepared sales contract. By returning the completed and signed form together with a copy of your identity card or passport and a registration certificate to us by e-mail, fax or post, you are submitting an offer to conclude a sales contract for the vehicle you have specified and configured. A contract is only concluded if we accept your offer in writing to you and within 3 days of acceptance the delivery of a confirmation of the deposit made by bank transfer in the amount of 10% of the purchase price has taken place.
During the entire order process you have the possibility to check and correct your entries at any time by selecting the "back" button in your browser and then making the corresponding changes. By closing the browser, you can cancel the entire order process at any time.
The text of the contract will be saved by us. We will send you the general terms and conditions and the order confirmation by e-mail.
You can also archive the data of your order by downloading the GTC and saving the data summarised on the last page of the order process using the functions of your browser.
Price, delivery flat rate and delivery periods, right of Cargate AG to withdraw from the contract
The prices stated by us are final prices in Swiss francs including 7.7 % value added tax and 4 % automobile tax. The delivery flat rate is included in the final price stated after completion of the order process.
A delivery within Switzerland is only possible with a special agreement with us.
Unless otherwise agreed, delivery times are non-binding. A stated delivery period begins with the conclusion of the contract.
Cargate AG makes every effort to meet delivery deadlines. Compliance with a specified delivery period is subject to the reservation that Cargate itself is supplied in good time. If our ability to deliver is dependent on delivery by the manufacturer or a pre-supplier and this delivery fails for reasons for which we are not responsible, we shall be entitled to withdraw from the purchase contract. The same shall apply if a delivery becomes considerably more difficult or impossible as a result of force majeure. In such cases, the customer shall not be entitled to claim damages. Any withdrawal by us shall be made in writing to the customer.
If it is not possible for us to deliver the vehicle within 4 months of the end of the stated non-binding delivery period, the customer shall be entitled to withdraw from the purchase contract. The customer shall only be entitled to damages for non-performance if we are guilty of intent or gross negligence.
If the delivery of the vehicle is not possible due to force majeure within the delivery period, the customer is only entitled to withdraw from the purchase contract after 6 months have elapsed since the end of the non-binding delivery period, in deviation from the period stated in the last paragraph. Under no circumstances can Cargate AG be held liable for events of force majeure or other disruptions that are not attributable to Cargate AG. In particular in the event of strike, suspension of business activities, restriction of production, damage to production facilities, delay or failure at suppliers, malfunctions in the company or in the transport network, Cargate AG is released from fulfilling the contract within the agreed periods or, in the event of impossibility, from fulfilling it at all. In the event of withdrawal, advance payments already made by the customer will be returned in full.
Compliance with official regulations, such as obtaining type approval or carrying out a cantonal motor vehicle inspection for Swiss registration, may lead to delivery delays beyond the control of Cargate AG.
Specifications
The order concerns the vehicle described in the purchase contract or its leasing contract. The vehicle trade name entered in the purchase agreement is the trade name of the country of origin of the vehicle (European Union). The Customer is informed and agrees with the development processes of the automobile manufacturers in the field of production, technology, technology and design to the extent that certain features may differ with respect to the model ordered. These possible deviations do not affect the specific character and/or the use requested by the customer, as mentioned in the sales contract.
In the event of a price increase by the manufacturer between the conclusion of this purchase agreement and the delivery of the vehicle, the agreed purchase price shall change in proportion between the previous purchase price and the new purchase price resulting from the price increase. In this case Cargate AG shall inform the purchaser of the resulting new purchase price. In this case, the purchaser is entitled to withdraw from the purchase contract within 14 days of receipt of the notification.
In the event of withdrawal, any advance payments already made by the customer will be returned in full.
Payment methods and conditions
The purchase contract can only be cited against Cargate AG if it has been accepted by Cargate AG (in accordance with Art. 2 above), which in turn means that a down payment of 10% of the purchase price of the vehicle has been made by bank transfer.
The balance of the agreed purchase price (final price) shall be paid in advance by bank transfer to our account or by cash payment upon collection of the vehicle from our business premises in Kloten or Zurich.
In the case of an externally financed purchase (chalk/leasing), payment of the first large leasing instalment (down payment) is made either in advance by bank transfer to our account or by cash payment when the vehicle is collected from our business premises in Kloten or Zurich.
With the notification to the customer that the car is in stock, we send the invoice to the customer. This is due immediately upon receipt.
When arranging the pick-up date, please note that there may be 4 working days between your payment order to the bank or the post office and the final credit to our bank account. Paper receipts (such as a copy of a payment order or postal receipt) will not be accepted as proof of payment. If your payment is not definitely credited to our bank account at the time of the collection, we will not be able to deliver the vehicle.
In the case of customers without a registration address in Switzerland (private customers) or without a permanent place of business in Switzerland (commercial customers), a down payment of 20% of the final price shown is due upon conclusion of the contract.
In the case of a trade-in, the buyer is obliged to continue to maintain and care for the vehicle given for payment until the vehicle purchased has been taken over. Cargate AG is otherwise entitled to demand a higher residual purchase price than agreed.
Retention of ownership
The ownership of the delivered vehicle remains with us until full payment of the purchase price (final price). Cargate AG and the customer hereby expressly agree a retention of title according to which the customer, even if possession of the vehicle has been transferred, does not acquire ownership of it until the purchase price and the costs have been paid in full and all ancillary obligations have been fulfilled. Cargate AG has the right to have a reservation of title to the vehicle entered in the appropriate register at the customer's place of residence, which applies until all claims arising from the purchase contract have been satisfied in full. This contractual clause of retention of title in favour of Cargate AG in accordance with Art. 715 ZGB is brought to the attention of the customer upon signing the purchase contract and is therefore expressly accepted by the latter prior to delivery.
Recall
In the event that a previous vehicle of the Customer is given to the Seller in payment, the Customer expressly declares that the vehicle given in payment is not subject to any reservation of title nor are there any claims of third parties against it.
In the event of nullity or withdrawal from the purchase contract and in the event that a vehicle given in payment has already been resold or no longer exists, the customer can only demand the value of the deposit as it has been offset against the purchase price of the vehicle.
Provisioning
The customer is obliged to accept a vehicle delivery as soon as the availability has been confirmed to him by Cargate AG by e-mail or telephone, but in any case eight (8) days after receipt of a registered letter informing Cargate AG of the availability of the vehicle. Benefit and risk are transferred to the customer at the moment the vehicle arrives at the seller.
If the customer is in default of acceptance of the vehicle to be delivered - except in the case of force majeure - Cargate AG is entitled to dissolve the contract of sale and retain the advance payment made.
Liability for defects
In the event of a defect, we shall be liable in accordance with the statutory provisions.
The customer is obliged to check the condition of the vehicle upon receipt and to notify Cargate AG immediately of any defects. Any notification of defects must be sent to Cargate AG in writing within a non-extendable period of five (5) days from receipt of the vehicle, otherwise the vehicle is deemed to have been received and accepted.
Liability for damages
In principle, we are liable in accordance with the statutory provisions. However, we shall not be liable for indirect or unforeseeable damage, consequential damage, loss of profit or loss of savings. Otherwise, our liability for slight negligence is excluded. The limitation of liability shall also apply to our vicarious agents.
Warranty
The vehicles are equipped with the manufacturer's warranty booklet. Here the exact observance of the service intervals prescribed by the manufacturer applies.
The warranty start date begins when the vehicle leaves the manufacturer's works. The vehicle must usually be presented to the manufacturer for service within the one-year period. The customer must obtain information about the service interval from his manufacturer's service partner and should make an appointment in good time. The customer should always go to the service a little earlier, as the goodwill of the manufacturer has fallen sharply in the last few years in the event of failure to do so. The prescribed inspection intervals may only be carried out by an authorized service partner of the manufacturer. The guarantee could expire if the inspection is carried out by independent service companies.
The customer buys a new car with a corresponding manufacturer's warranty. The customer benefits from the considerable price advantages offered by parallel imports of new cars compared to the offers of the official distribution network.
Cargate AG cannot be bound by the guarantee conditions and guarantee promises which the manufacturer grants directly to the customer. Cargate AG neither expressly nor tacitly grants any guarantee beyond that of the manufacturer.
Under no circumstances can the customer make claims for compensation against Cargate AG in the event of improper use or non-compliance with the manufacturer's instructions when handling the guarantee.
If a notification of defects has been made in good time and the warranty claims are justified, Cargate AG has the choice between carrying out the repair at its expense or granting a price reduction.
Apart from the aforementioned guarantee, the seller excludes any other responsibility on his part, subject to Art. 199 CO.
Notifications of defects and warranty claims do not release the customer from his obligation to pay the purchase price within the agreed period.
Data Protection & Privacy
The customer data collected and stored by us are used exclusively for the purpose of contract processing. The first name and surname of the customer, the associated billing or delivery address as well as the e-mail address and telephone number are stored.
The personal data transmitted to us will only be stored for as long as is necessary for the purpose for which the data was transmitted. The data stored by us will not be passed on to third parties, with the exception of the passing on of data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods, and the passing on of data due to legal obligations and in the case of your express prior consent. Also afterwards a revocation of the given use is possible at any time.
You have the right at any time to receive information about the data stored about your person. If you have any questions about the collection, processing or use of your personal data, for information, corrections, blocking or deletion of data, please contact us:
Cargate AG
Managing Director: Claudio Mermoud
Zollstrasse 61
8005 Zürich
Phone: +41(0)44 586 44 41
E-Mail: info@cargate.com
We also refer you to our data protection declaration.
Nullity of a single provision
The invalidity of individual provisions shall not affect the validity of the remaining provisions. The parties undertake to replace ineffective provisions with new ones which come as close as possible to the economic purpose of the contract.
Applicable law and place of jurisdiction
Swiss law applies exclusively to all legal transactions with us.
The exclusive place of jurisdiction for all disputes between Cargate AG and the customer shall be the courts at the registered office of Cargate AG. Cargate AG shall also be entitled to bring a court action against the customer at the customer's place of residence/registered office.