TERMS AND CONDITIONS
General Terms and Conditions of SwissGreenLine by Varga GmbH
These general terms and conditions (“GTC”) apply to the entire business area of SwissGreenLine by Varga GmbH (hereinafter “Company”). The company offers mobile vehicle cleaning with special care products on site (hereinafter referred to as “Services”) and sells cleaning and care products as well as cleaning equipment and accessories (hereinafter referred to as “Products”).
2. Conclusion Of Contract
The conclusion of the contract comes about through the acceptance of the company’s offers regarding the purchase of products and / or services by the customer.
The contract is in any case concluded if the customer uses the services offered by the company and/or orders products via the company’s online shop or purchases directly.
Unless otherwise offered, all prices are in Swiss Francs (CHF). All prices are inclusive of any applicable VAT (VAT).
The prices are exclusive of packing and shipping costs, as well as other applicable taxes.
The company reserves the right to change the prices at any time. The prices that are valid at the time of conclusion of the contract are the ones at the company’s website and in accordance with the company’s price list.
The company offers the customers the following payment options: Invoice, credit card, PayPal, cash in advance.
The customer is obliged to pay the amount invoiced within 30 (thirty) days from the date of the invoice.
If the invoice is not paid within the aforementioned payment period, the customer is automatically in default.
From the time of delay, the customer owes interests on arrears in the amount of 5% (five percent). The company is also entitled to refuse delivery or service in the event of default of payment.
If the company offers the services and products via the online platform for purchase, rental or other use, it can also request payment by electronic means within the framework of the order process (credit cards, PayPal or other payment systems).
It is not permissible to offset the amount invoiced against the company against any claim of the customer.
5. Duties of the company
5.1. Delivery / delivery dates of products
Delivery shall be made within 14 (fourteen) working days of receipt of the order. If a timely delivery is not possible, the customer will be informed by the company within 5 (five) working days of receipt of the order, and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the company. The company fulfils its obligation by handing over the products ordered to the agreed forwarding agent. If no forwarding agent is agreed upon, then the company is free to choose a forwarding agent. The agreed delivery costs may not be increased by the choice of the forwarding agent.
5.2. Service Delivery
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service at the agreed location in accordance with an individual agreement. If no further provisions are agreed upon, then the place of performance shall be the registered office of the company.
The parties have the express right to consult auxiliary persons in order to fulfil their contractual obligations. You must ensure that the auxiliary is recruited in compliance with all mandatory statutory provisions and any collective agreements.
The company confirms that it has taken out all compulsory insurance policies for its employees, in particular: accident insurance.
6. Obligations of the customer
The customer is obliged to take all precautions necessary for the provision of the service by the company immediately. In particular, the customer is obliged to inform the company or its assistant about all circumstances that could lead to damage to the vehicle or the cleaning equipment during the washing or maintenance process. In addition, the customer is obliged to park the vehicle in such a way that the cleaning can be carried out without hindrance.
The customer hands over the vehicle keys for interior cleaning to the company or its assistant. Upon receipt of the key, the company undertakes to keep it carefully and to park the vehicle only to the extent that the interior cleaning can be carried out without hindrance.
The order volume, the hourly rate, as well as the start and duration of the contract result directly from the contract concluded between the customer and the company.
The company has the right to change the type, scope, price, terms and conditions of purchase and channels of the services provided by it, the conditions valid at the time of conclusion of the contract always apply, unless the customer has agreed to other conditions in writing. The company also has the right to refuse to provide its services in full in the event of late payment or other breaches of duty.
7. Termination of service
In the case of agreed dates for the provision of the contractual service, cancellation up to 3 (three) hours before the date is free of charge. In the event of a missing or delayed cancellation, the following costs are due:
Up to 2 (two) hours before the appointment: 50% (fifty percent) of the agreed price
Up to 1 (one) hour before the appointment: 80% (eighty percent) of the agreed price
Any exchange of products is strictly excluded.
9. Warranty for products
The statutory warranty provisions apply for a maximum period of 24 (twenty-four) months.
Any deficiency must be reported to the company immediately. It is the sole responsibility of the company to decide whether the defective product is to be repaired or replaced. The customer is entitled to a reduction or refund of the purchasing price only if replacement or repair is not possible. The right to reimbursement of costs for third-party repairs is excluded. During the time of the repair, the customer is not entitled to a replacement product. The warranty period will restart for the repaired item, and the remaining items of the product will continue to be covered under the original warranty period.
The company guarantees to perform the agreed services in the usual quality of the industry.
Liability for any indirect damages and consequential damages caused by defects is completely excluded.
Liability for direct damages is limited to the selling price of the service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
No liability is assumed for any damage to antennas, trim strips, windscreen wipers, exterior mirrors, spoilers, folds and non-original parts. The customer is solely responsible for the operational safety of the vehicle.
The customer is obliged to report any damages to the company immediately, but at the latest within 24 hours after the service has been provided, by means of a written report including photo(s) of the damage.
Any liability for auxiliary persons is completely excluded.
11. Intellectual Property Rights
All rights to the products, services and any trademarks are owned by the company or it is authorized to use them by the owner.
Neither these General Terms and Conditions nor any associated individual agreements have the content of the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and access of information, images, texts or any other information received by the customer in connection with these provisions are prohibited unless they are explicitly approved of by the company.
If, in connection with the company, the customer uses contents, texts or images to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
12. Data Protection
The company may process and use the data collected in the context of the contract for the fulfilment of the obligations arising from the contract. The company takes the necessary measures to secure the data in accordance with the legal regulations. The customer agrees to the storage and contractual utilization of his data by the company in full and is aware that the company is obliged by order of courts or authorities and is entitled to disclose information from the customer to these or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data necessary for performance of the service can also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection regulations apply.
These general terms and conditions may be changed by the company at any time.
The new version will take effect 30 (thirty) days after the company has sent its notification or posted it on the website.
The version of the General Terms and Conditions that is in force at the time of the conclusion of the contract is valid for the customers. Unless the customer has agreed to a newer version of the General Terms and Conditions.
These General Terms and Conditions shall take over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these General Terms and Conditions shall take priority before these General Terms and Conditions.
Should any provision of this contract or an addendum to this contract be or become invalid, this shall not affect the validity of the remaining provisions of the contract. The Contracting Parties shall replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.
Both parties, as well as their assistants, undertake to treat all information provided or obtained in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
17. Force Majeure
If the timely fulfilment by the company, its suppliers or third parties is impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or damage to the reactor of a nuclear power plant, then the company is exempt from the fulfilment of the duties concerned during the period of the force majeure, and a reasonable start-up period after the end of the force majeure. If the force majeure lasts longer than 30 (thirty) days, the company may withdraw from the contract. The company must reimburse the customer in full for any remuneration already paid.
Any further claims, in particular claims for damages as a result of vis major are excluded.
18. Agents and Distribution Partners
The customer acknowledges that any sales partners or agents work independently of the company and that any potential claims against them are to be made directly. The Company shall not be liable in any way for any breach of contract by any agent or distribution partner.
19. Applicable Law / Place Of Jurisdiction
These General Terms and Conditions are subject to Swiss law. Unless mandatory statutory provisions are in place, the court at the company’s registered office is competent. The company is free to file a lawsuit at the defendant’s seat. The United Nations Convention on contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.