Scope of Application
The General Terms and Conditions (hereinafter referred to as "GTC" or "Terms") apply to all inquiries, orders, and contracts made or concluded via the online shop www.mybikeplan.ch of MyBikePlan AG, based in Zurich (CHE-238.395.624) (hereinafter referred to as "MyBikePlan" or "Online Shop"), or via a physical shop of MyBikePlan AG (hereinafter referred to as "Shop", "Store", or "Showroom").
MyBikePlan reserves the right to change or adapt the GTC at any time. The version of the GTC valid at the time of the order shall apply. Any other general terms and conditions will not be accepted unless their applicability has been confirmed in writing by MyBikePlan.
In the event of a contradiction between the provisions of these GTC and a binding order confirmation from MyBikePlan, the provisions in the order confirmation shall prevail.
Offer
The offer is directed at customers residing in Switzerland and Liechtenstein (hereinafter referred to as "Customer(s)" or "you", "your"). Deliveries are only made to addresses in Switzerland and Liechtenstein.
The offer is valid as long as it is visible in the online shop and/or while stocks last. Price and assortment changes are possible at any time. The purchase price shown on the purchase or financing contract is decisive. MyBikePlan reserves the right to withdraw from the purchase contract at any time.
The images shown in advertising, brochures, in the online shop, etc., serve as illustrations and are non-binding. Specifications stated in the webshop depend on the manufacturer's details; changes or deviations to the published specifications are possible at any time and depend on the respective manufacturer. MyBikePlan assumes no liability for incorrectly published specifications.
Order
The presentation of products in the online shop and in the physical shops of MyBikePlan does not constitute a legally binding application, but a non-binding online catalog or a non-binding invitation for you to order the product and/or service on MyBikePlan.
An order is considered an offer to MyBikePlan to conclude a contract.
MyBikePlan is free to reject or cancel orders in whole or in part without stating reasons. In this case, you will be informed, and any payments already made will be refunded. Further claims are excluded. Temporarily unavailable products cannot be reserved. Any stated availabilities are non-binding.
The receipt of the automatically generated order confirmation does not contain a promise that the product can actually be delivered. It merely indicates to you that the placed order has been received by the online shop and thus the contract proposal with MyBikePlan has been made under the condition of delivery availability and correct pricing.
Conclusion of Contract
A purchase contract is concluded either by signing the financing contract or by paying for the ordered goods.
The order of the products will only be processed after (1) you have passed a credit check and received a financial commitment from one of our financing partners (e.g., MF Group/Powerpay, Kornhausstrasse 25, CH-9001 St. Gallen, or CembraPay AG, Bändliweg 20, CH-8048 Zurich) (hereinafter referred to as "Bank Partner" or "Financing Partner"); (2) you have legally signed a financing contract from our respective Bank Partner (by physical or electronic signature) between you and MyBikePlan; and (3) MyBikePlan has sent you the financing contract as a PDF via confirmation email.
Or you have already fully paid the entire purchase price of the ordered goods online or via bank transfer.
Unless expressly agreed otherwise, the financing contract is activated by MyBikePlan on the day the goods are delivered, which triggers the sending of the invoices for installment payments.
From the receipt of the invoice, there is a payment period of 20 days for the settlement of the first monthly installment, unless otherwise specified by the financing partner.
Price
The prices are in Swiss Francs, including value-added tax (VAT) and, if applicable, including the advance recycling fee ("vRG"). No additional fees are charged. The prices and monthly installments published in the online shop or in the physical shops of MyBikePlan are non-binding. The printed price on the financing or purchase contract is decisive.
Discount codes are exclusively valid for a contract duration between 36-48 months. Discount codes cannot be combined.
MyBikePlan is free to reject the application of discount codes at any time without stating reasons, especially if the ordered goods are already offered at a reduced price.
Payment
Payments must be made in Swiss Francs.
MyBikePlan offers payment by invoice and/or installment payment via our financing partners. MyBikePlan can make this payment method dependent on a positive credit check as well as other conditions determined at its own discretion (e.g., minimum age, residence, residence permit, etc.).
You acknowledge that a credit check must be carried out as part of the conclusion of the contract and for this purpose, personal data is recorded and passed on to the financing partners commissioned with the credit check. Further information can be found in our Privacy Policy. On the website of our financing partners, solely the privacy policies of the respective financing partners apply.
When paying by invoice and/or installment payment, MyBikePlan assigns the purchase price claim to our respective financing partner. The payment processing is carried out by one of our financing partners and the invoice is delivered to the postal or email address provided by you when ordering. The invoice amount is to be paid directly to our respective financing partner within 20 calendar days from the invoice date. In the event of a default in payment, default interest and processing fees apply. The GTC of the respective financing partner apply. By signing the financing contract, the customer agrees to this assignment of claims.
Delivery
The delivery address must be in Switzerland or Liechtenstein and easily accessible for delivery by a truck.
If the delivery address is not easily accessible, any additional costs charged by the forwarding agency will be invoiced to you.
Home delivery generally includes the delivery of the products to your address (front door delivery).
Normally, home delivery is free of charge. If this is not the case, it will be shown separately on the invoice receipt.
If products are delivered with obvious damage to the packaging or contents, you must immediately complain to the service provider (e.g., forwarding agent, post office), regardless of your warranty rights, and refuse acceptance. You are obliged to have a damage confirmation report handed over to you by the service provider (e.g., forwarding agent, post office), especially if you accept the goods anyway. Any transport and assembly damages must be noted on the delivery note of the forwarding agent. All transport and assembly damages must also be reported immediately to MyBikePlan via customer service.
If you do not accept the ordered products on the agreed delivery date, MyBikePlan can charge you for the incurred delivery costs and inconveniences and reserves the right to withdraw from the contract.
Delivery Date
The delivery times stated on MyBikePlan are expected estimates based on manufacturer information and previous orders of the same product and are therefore non-binding.
The delivery period begins with the signing of the financing contract and/or the settlement of any (down) payment.
The estimated delivery date will be shown in your personal tracking link as soon as the financing contract has been signed and/or any (down) payment has been settled.
In the event of a (partial) inability to deliver, the corresponding order will be canceled, you will be informed, and any payments already made will be refunded.
Further claims due to delivery delays or (partial) failure of delivery are excluded.
Revocation of the Financing Contract
MyBikePlan has the right to revoke the contract between you and MyBikePlan at any time in the presence of a negative ZEK entry from the Central Office for Credit Information (Zentralstelle für Kreditinformation).
You have the right to revoke the financing contract from our financing partner in writing within 14 calendar days without cost consequences, but at the latest within 90 calendar days (with cost consequences) ("Revocation Period"). The Revocation Period begins as soon as the financing contract is signed by you and MyBikePlan. The deadline is met if you hand over the notice of revocation to the post office by registered mail on the last day of the respective Revocation Period.
If you revoke the financing contract after the 14-day Revocation Period has expired, a fee of CHF 250 will be due. If you revoke it between 30 and 60 days after signing, a fee of CHF 250 plus 5% of the purchase price of the product will be due. If you revoke it between 60 and 90 days after signing, a fee of CHF 250 plus 10% of the purchase price of the product will be due.
The return of the product takes place in accordance with Section 12 of these GTC analogously. Any signs of wear or use will be invoiced in advance by MyBikePlan. Only when this invoice has been paid by you is the financing contract legally terminated with the respective Bank Partner.
Should MyBikePlan determine after the return that untruthful statements regarding the product condition were made beforehand, MyBikePlan reserves the right to refuse the return and invoice you for the product in full.
The revocation of the financing contract requires in both cases the payment of the entire purchase price or the immediate return of the products to MyBikePlan. The costs for the return are fully borne by you.
Right of Return
A return is possible within 7 days after the delivery of the product. If it is a purchase on financing, point 9 of our GTC "Revocation of the Financing Contract" must additionally be considered here.
If you have already received the product, you must return it in its original packaging, undamaged, clean, and complete (including any accessories).
The desired return must be registered with MyBikePlan via customer service on the website so that the reversal of the purchase contract and the collection of the goods by MyBikePlan can be organized.
The return transport fees (approx. CHF 100) will be invoiced to you.
When returning in a MyBikePlan store, no transport fees are charged.
If you return the product in its original packaging, undamaged, clean, complete, and with any accessories and proof of purchase, any payments already made will be refunded after deduction of any services already rendered and necessary fees. If the product was used (especially if driven for more than 2km with the product), an individual inspection will take place and any refund will be made with deductions for any signs of wear or use. Shipping costs are not refunded.
For used products, the following applies:
In the case of a special/direct order of a model which MyBikePlan does not officially have in its assortment, an exchange or return is generally excluded.
Flexible Right of Exchange
A flexible exchange is possible within 7 days after receipt of the product.
An exchange is possible for any product offered by MyBikePlan on the website, provided the product has an equally high or higher price. Should the product to be exchanged already have more than 2 total kilometers or other signs of use, the return fees explained under point 10 will apply.
Any price difference, as well as any fees, must be paid in advance before MyBikePlan organizes the exchange of the products.
You will be charged CHF 100 for the return transport of an already delivered product.
Warranty
The manufacturer's warranty (2 years) applies to new products. This covers production defects at the time of delivery, as well as any production-related material defects and associated defects within the first 2 years after the date of purchase.
Not covered are: normal wear and tear, improper handling, external influences, damage due to lack of maintenance, or interventions by third parties.
MyBikePlan can fulfill the warranty either by repair, an equivalent replacement, or by (partial) refund of the purchase price. Further claims are excluded, i.e., repair by a third-party, unauthorized service partner of MyBikePlan is expressly excluded unless MyBikePlan agrees in advance in writing.
Notice of Defects
If products are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the service provider (e.g., forwarding agent, post office) and refuse acceptance. The customer is obliged to have a damage confirmation report handed over by the service provider (e.g., forwarding agent, post office). All transport damages must also be reported immediately to MyBikePlan via customer service.
Externally visible defects must be noted immediately in the presence of the forwarding agent on the delivery note.
A defective product must be reported to MyBikePlan immediately. Should the defect lead to a return, the costs for the return will be borne by MyBikePlan.
Data Protection
MyBikePlan points out that the data recorded as part of the conclusion of the contract is collected, processed, and used to fulfill the obligation arising from the purchase contract. The data necessary for service provision and contract fulfillment may also be passed on to commissioned service partners (e.g., CRIF, logistics companies, service partners, Bank Partners, debt collection agencies, insurance partners). By agreeing to these GTC, you agree to this data use.
Intellectual Property
All graphics, texts, images, videos, and programs (apps) that you have received from MyBikePlan and are published in the online shop or in other materials are protected by copyright and may not be published, decompiled, reproduced, distributed, made accessible to others, or processed, used, or published in any other way, even in part or in excerpts. Reverse engineering, onward transfer, or licensing are not permitted.
Any use of the IP trademarks, logos, or other company indicators of MyBikePlan is only permitted with the prior consent of MyBikePlan.
Applicable Law and Jurisdiction
Substantive Swiss law, excluding conflict of law rules as well as the Vienna Convention and UN Convention on Contracts for the International Sale of Goods, applies to the legal relationship between MyBikePlan and the customer.
The place of jurisdiction for natural persons is Zurich or the customer's place of residence. For legal entities, the ordinary courts of the Canton of Zurich are responsible.
Final Provision
Should individual provisions of these GTC be wholly or partially ineffective, the effectiveness of the remaining provisions shall remain unaffected.
