SNOOQ by Diavelo AG

General Terms and Conditions of Diavelo Schweiz AG.

 1. Scope of Application

These Terms and Conditions apply to all purchase contracts concluded with Diavelo Schweiz AG via the Diavelo Webshop (www.diavelo.swiss). They apply only to customers in Switzerland and the Principality of Liechtenstein. Any deviating provisions shall only be recognized if they are confirmed in writing by Diavelo Schweiz AG. Diavelo Schweiz AG is entitled to amend or delete these General Terms and Conditions at any time.these General Terms and Conditions are deemed to have been accepted if the Customer does not object within 30 days.this website is operated by Diavelo Schweiz AG, Schiffbaustrasse 2, 8005 Zurich.

2. Registration

Registration with the webshop is free of charge and reserved exclusively for persons with legal capacity. The data required for registration must be truthful and complete. Customers are responsible for updating their own data. There is no entitlement to admission to the webshop. The customer is solely responsible for content that he places in areas accessible for this purpose. These may not infringe the rights of third parties. There is no entitlement to publication and storage of the content posted. Each customer is only entitled to maintain one customer account at a time. Diavelo Schweiz AG reserves the right to delete multiple registrations and to warn or terminate customers who violate the registration conditions or to delete or modify content (virtual domiciliary right).

3. Newsletter

A newsletter may be sent several times a year to the e-mail address provided during registration. The customer can unsubscribe from this newsletter at any time by clicking on the corresponding link.

4. Conclusion of the Contract

4.1 The product range on www.diavelo.swiss is non-binding. Prices, product ranges and technical specifications are subject to change at any time. All offers are subject to change and are not to be understood as binding offers. All information on www.diavelo.swiss such as product descriptions, illustrations, films, dimensions, weights, technical specifications and other information are to be understood as approximate values only and in particular do not constitute a guarantee of properties.

4.2 Orders are placed exclusively online via the webshop. Orders will be confirmed by e-mail. A contract between the Customer and Diavelo Schweiz AG shall only come into effect upon confirmation of the order. The order confirmation automatically sent by the webshop system by e-mail shall not be deemed to be an order confirmation. Diavelo Schweiz AG reserves the right not to accept an order - for whatever reason - and to refuse to confirm it. Diavelo Schweiz AG shall endeavor to align the scope and execution of the delivery with the wishes stated in the order. However, only the conditions stated by Diavelo Schweiz AG in the order confirmation (product characteristics, price, shipping and ancillary costs) are binding. With the order, the Customer confirms the correctness of all information provided by him.

4.3 Prices and availability: Despite taking the utmost care, erroneous information cannot be completely ruled out. All prices are non-binding. Prices are subject to change at any time and without notice. For various reasons, it may happen in exceptional cases that not enough goods are available or cannot be released for delivery. Diavelo Schweiz AG is not liable for unavailable products or erroneous price information. We reserve the right to make changes to models. Scheduled offers are only valid for the specified period. All prices are net incl. VAT in Swiss francs (CHF). If an item cannot be delivered despite being invoiced, the customer will be credited the corresponding amount. There will be no subsequent delivery and there is no claim for damages.

5. General Terms of Payment

5.1 Diavelo Schweiz AG provides various means of payment depending on the shipping method. Diavelo Schweiz AG reserves the right to decide at its own discretion which means of payment it will accept for each order.

5.2 Only payments from accounts within the EU, Liechtenstein and Switzerland are accepted. Any transaction costs shall be borne by the customer.

6. General Terms of Delivery

6.1 Delivery of goods: The ordered goods will be delivered by the delivery service commissioned by us to the address specified by the Customer under the conditions stated in the order confirmation or can be collected from Diavelo Schweiz AG, Schiffbaustrasse 2, 8005 Zurich. Depending on the size of the product, delivery will be made by the personal delivery service of Diavelo Schweiz AG or by various delivery partners (post office, forwarding agents). Diavelo Schweiz AG is generally entitled to make partial deliveries.

6.2 Delivery times / delivery date: Delivery dates are given to the best of our knowledge, but without guarantee. The customer will be informed immediately in the event of delays in delivery. In the event of final unavailability of the ordered items, any payments made will be refunded. Diavelo Schweiz AG is not liable for delays in delivery caused by manufacturers or third parties. Failure to meet the delivery deadline does not entitle the Customer to withdraw from the contract or claim damages. In the event of final unavailability, the Customer shall not be entitled to compensation.

6.3 Ownership and risk of the goods shall pass to the customer upon delivery to the delivery address.

6.4 If the goods cannot be handed over for reasons for which the customer is responsible (e.g. incorrect or incomplete addressing, absence on delivery, refusal to accept delivery without a justified reason, etc.), the resulting costs (e.g. return shipment, redelivery, etc.) shall be charged to the customer.

6.5 Transport damage: If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the carrier/parcel service provider and refuse acceptance. Hidden defects must be reported to the carrier/parcel service provider (e.g. responsible post office) within 24 hours (1 working day) of receipt of the goods. The customer is obliged to obtain a damage confirmation report from the parcel deliverer (e.g. postal employee). All transport damage must also be reported immediately to Diavelo Schweiz AG.

7. Shipping Costs

The amount of the shipping costs depends on the shipping method. If you purchase products with different shipping methods at the same time, several delivery charges may apply.

8. Guarantee

Diavelo Schweiz AG provides a warranty for 2 years from the date of purchase or collection or home delivery for defects that are clearly identified as manufacturing or material defects. In the event of justified warranty claims during the warranty period, only a repair of the defective e-bike can be claimed. An exchange for a new E-Bike or the return and refund of the purchase price is not possible. Diavelo Schweiz AG shall decide on the type of defect rectification. There is no entitlement to a free replacement E-Bike for the duration of the repair or until delivery of a replacement E-Bike. If it is determined that the e-bike has no faults or that these are not covered by the warranty, it will be returned at the customer's expense and risk. In addition, a handling fee may be charged. Any warranty claims must be made to Diavelo Schweiz AG. A warranty claim can only be asserted if proof of purchase is available. The warranty is only valid if the inspections are complied with. Maintenance and care instructions for the battery must be observed. Diavelo Schweiz AG reserves the right to refuse warranty services if the conditions are not observed. The warranty does not apply to: Wearing parts. Damage caused by improper handling, use or transportation; damage caused by the use of a non-original Diavelo charger. Damage caused by opening or damaging the housing of the charger.damage or malfunctions due to accidents, improper handling, negligence or recognizable external damage. Technical modifications to the E-Bike Subsequent conversion/installation of incompatible or non-original parts. Damage caused by the weather or by the use of unsuitable cleaning agents, high-pressure cleaners or additives. The warranty obligation expires if repairs are carried out by service centers not authorized by Diavelo Schweiz AG.

9. Product Liability

In principle, product liability is excluded if a Diavelo Schweiz AG product does not comply with the applicable regulations at the time of use, has not been placed on the market in accordance with the regulations or has not been used in accordance with Diavelo Schweiz AG's instructions. Specifically, any product liability is excluded in the following cases: Technical modification of the E-Bike without the consent of Diavelo Schweiz AG. Subsequent conversion with non-compatible or original parts. Failure to comply with the service intervals specified in the operating instructions. Damage due to weather conditions. Damage caused by the use of unsuitable cleaning agents, high-pressure cleaners or additives. Improper transportation. Improper use. Improper maintenance. Missing or incorrect adjustment of components. Worn components. Use for racing or competition purposes. Use for commercial rental or other commercial purposes. Deeply discharged battery due to prolonged non-use or failure to charge regularly (every two months) Damage because the battery has been exposed to very high (> 40°C) or very low (< 5°C) temperatures. Damage caused by short-circuiting the battery. Damage caused by placing the battery in water. Third-party liability claims are excluded in all cases.

10. Right to Return

In addition to the statutory right of withdrawal, we grant our customers a 30-day right of return. The return period begins upon receipt of the goods by the customer and is deemed to have been observed if the goods are returned to us within 30 days. The statutory right of withdrawal remains unaffected. 

11. Exclusion of Liability

Claims of the Customer other than those expressly granted in these General Terms and Conditions are excluded - irrespective of the legal grounds and to the extent permitted by law. This exclusion of liability also applies in particular to the actions of contractual partners of Diavelo Schweiz AG, auxiliary persons, etc. as well as to all consequential damages, loss of profit or other financial losses of the Customer.

12. Prohibition of Assignment

The Customer may only assign his contractual rights to third parties with the written consent of Diavelo Schweiz AG.

13. Guarantee of Data Communication

Diavelo Schweiz AG is not liable for the constant and uninterrupted availability of the web store or for technical or electronic errors during sales transactions, in particular not for the delayed processing or acceptance of orders.

14. Data Protection

14.1 All customer data collected shall be treated confidentially and in good faith.

14.2 Diavelo Schweiz AG is entitled to process data about the Customer collected in connection with the business relationship in accordance with the Data Protection Act.

15. Protection of Intellectual Property

The entire content of this website is protected by copyright. The saving or printing of individual pages and/or sections of this website is permitted, provided that neither the copyright notices nor other legally protected designations are removed. All property rights remain with Diavelo Schweiz AG. The complete or partial reproduction, transmission, modification, linking or use of this website for public or commercial purposes is prohibited without the prior written consent of Diavelo Schweiz AG.

16. Final Provisions

16.1 In the event that individual provisions of these GTC are invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provisions shall be replaced by provisions that come as close as possible to those that have become invalid. The same applies to any contractual loopholes.

16.2 Diavelo Schweiz AG reserves the right to change the GTC at any time. The GTC published in the Webshop shall apply.

16.3 These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law. The place of jurisdiction is Zurich, Switzerland.  

Status: February 2024