Terms and Conditions

Table of Contents

1. Area of application

2. Conclusion of contract

3. Right of cancellation

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Warranty for defects

7. Special conditions for the processing of goods according to your specifications

8. Redemption of promotion vouchers

9. Redemption of gift vouchers

10. Applicable law, jurisdiction
 

1.1
These terms and conditions of mofakult AG apply to all contracts that you conclude with us with regard to the goods and/or services presented in our online shop. We hereby object to the inclusion of your own terms and conditions, unless otherwise agreed. 

1.2
These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3
For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

2.1 
The product descriptions contained in our online shop do not constitute binding offers to you, but are intended for the submission of a binding offer by you.

2.2 
You can submit the offer, i.e. your order, via the online order form integrated in our online shop. After entering your personal data, you submit a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the order process. The delivered goods remain the property of mofakult AG until full payment has been received.

2.3
We can accept your offer, i.e. your order, within five days,

• by sending you a written order confirmation or an order confirmation (order confirmation) in text form (e-mail), whereby the receipt of the order confirmation by you is decisive in this respect, or
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by requesting payment after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not accept your offer (your order) within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4
The period for accepting the offer begins on the day after your offer is sent and ends at the end of the fifth day following the sending of the offer.

2.5
When submitting an offer via our online order form, the text of the contract will be saved by mofakult and sent to you in text form (e.g. e-mail or letter) together with these General Terms and Conditions after your order has been sent. In addition, the contract text is archived on our website (www.mofakult.ch) and can be accessed by you free of charge via your password-protected customer account by entering the corresponding login data, provided that you have created a customer account in our online shop before sending your order.

2.6
Before submitting a binding order via our online order form, you can correct your entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.7
The English language is available for the conclusion of the contract.

2.8
Orders are processed and contact is made by e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that our e-mails sent to this address can be received. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process your order can be delivered.
 

Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in our cancellation policy.

4.1
Our stated prices include statutory VAT and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2
There are various payment options available to you, which are listed in our online shop.

4.3
If advance payment has been agreed, payment is due immediately after conclusion of the contract. If we have not received payment from you within 30 days, we are no longer bound by your declaration of intent.

4.4 
If the payment method ‘purchase on account’ is selected, the purchase price is due after the goods have been delivered and invoiced.

Invoices are payable without deduction of discount within 20 days. With the payment method ‘Purchase on account with CembraPay’, payment is processed by CembraPay AG. Invoices will be sent directly to the e-mail address you provided when ordering or, alternatively, by post to the billing address. You pay the invoice amount directly to CembraPay AG. The General Terms and Conditions of CembraPay AG apply (https://cembrapay.ch/en/terms/cp).

If the instalment facility is used, an additional CHF 2.50 per instalment and a maximum interest rate of 14.90 % p.a. will be charged on the outstanding amount. If payment is not made on time, a contribution towards expenses of CHF 10.00 plus interest on arrears of 14.9 % p.a. will be charged for instalments. In the event of a further reminder, a reminder fee of CHF 25.00 will be charged. CembraPay AG expressly reserves the right to instruct third parties to collect the outstanding debt in the event of late payment, in which case further fees or costs will be incurred in accordance with the fee table of the (VSI) Association of Swiss Debt Collection Trustees. 

4.5 
Payment service provider
You can pay with one of the following payment service providers or by credit card or another payment method provided. 

• A credit check will be carried out by Intrum AG, Eschenstrasse 12, CH-8603 Schwerzenbach, as part of the upcoming purchase transaction. The purpose of this credit check is to avoid credit defaults and fraud and thus prevent over-indebtedness or unauthorised claims. The personal data required for this purpose, such as name, address, date of birth, contact details (e-mail, telephone number) are transmitted to Intrum AG. In addition, data from the Internet protocol (IP address, proxy server used, etc.) is read out using a script and transmitted to Intrum AG. Information on which personal data Intrum AG has stored can be requested from Intrum under ‘Request for information’.
• If the payment method ‘PayPal’ is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. This requires, among other things, that the customer opens a PayPal account or already has such an account.
• If you select the ‘TWINT’ payment method, payment will be processed via the payment service provider TWINT AG, Stauffacherstrasse 31, CH-8004 Zurich. If you choose a payment method from the payment service provider ‘TWINT’, the payment will be processed via the payment service provider TWINT AG (Stauffacherstrasse 31, CH-8004 Zurich, hereinafter ‘TWINT’), to whom we will pass on the information you provided during the ordering process in addition to the information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number). Your data will only be passed on for the purpose of payment processing with the payment service provider TWINT and only to the extent that it is necessary for this purpose.

5.1
The delivery of goods is regularly carried out by dispatch and to the delivery address specified by you. The delivery address specified in our order processing is decisive for processing the transaction.

5.2
If the transport company returns the dispatched goods to us because delivery to you was not possible, you will bear the costs for the unsuccessful dispatch.

5.3
In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred when the goods are dispatched or handed over to the authorised transport person.

5.4
If you collect your order yourself, the goods you have ordered will usually be ready for collection within two hours of your order during the collection counter opening hours. In this case, no shipping costs will be charged.
 

6.1 
The statutory liability for defects shall apply, i.e.: mofakult shall only ever be liable for direct damage and only if the customer proves that this was caused by gross negligence or intent on the part of mofakult. Liability is in any case limited to the purchase price of the respective delivery/service. Any further liability of mofakult for damages of any kind is excluded.

6.2 
Neither the manufacturer nor mofakult provides a warranty on racing and tuning parts. For original parts, if there is a warranty claim, you can submit a warranty claim, which will be checked by the manufacturer. Complaints can only be considered if they are submitted within 8 days and before the parts are fitted. Parts that have been damaged due to incorrect assembly and adjustment or incorrect handling are not covered by the warranty. Modified parts and parts missing the original packaging cannot be exchanged. No liability for consequential damage or assembly and repair costs.

All racing & tuning parts are only intended for use on closed racetracks, private property and for export. The use of these items on public roads is prohibited by law and punishable by law (Art. 181 + 219 VST). By purchasing these racing articles, you confirm that you will only use them on private property, race tracks or for export. If you are a minor, you confirm with your order that your parents are in agreement with the purchase.

7.1
If, according to the content of the contract, we owe you not only the delivery of goods but also the processing of the goods according to your specifications, you must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. You are solely responsible for the procurement and acquisition of rights to this content. You declare and assume responsibility for the fact that you have the right to use the content provided to us. In particular, you shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

7.2 
You shall indemnify us against claims by third parties which they may assert against us in connection with an infringement of their rights through the contractual use of your content by us. You shall also assume the reasonable costs of the necessary legal defence, including all court and legal fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

7.3 
We reserve the right to refuse processing orders if the content you provide for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
 

8.1
Vouchers that we issue free of charge as part of promotional campaigns with a specific period of validity and that you cannot purchase (hereinafter referred to as ‘promotional vouchers’) can only be redeemed in our online shop and only during the specified period.

8.2 
Promotional vouchers can only be redeemed by consumers.

8.3 
Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

8.4 
Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

8.5 
Only one promotional voucher can be redeemed per order.

8.6
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

8.7 
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.

8.8
The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.9
The promotional voucher will not be refunded if you return the goods paid for in full or in part with the promotional voucher within the scope of your contractual right of cancellation, if such a right has been agreed.

8.10
The promotional voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
 

9.1
Vouchers that can be purchased via our online shop (hereinafter referred to as ‘gift vouchers’) can only be redeemed in our online shop, unless otherwise stated in the voucher.

9.2
Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will remain linked to the gift voucher until the expiry date.

9.3
Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4
Several gift vouchers can be redeemed per order.

9.5
Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6
If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be selected to settle the difference.

9.7
The balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.8
The gift voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the gift voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.

10.1
If you are acting as a consumer, Swiss law applies to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract is your place of residence.

10.2 
If you are acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.

As a consumer, you are entitled to a right of cancellation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:

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A. Cancellation policy

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Right of cancellation

You have the right to cancel this contract within 3 months without giving any reason.

The cancellation period is 3 months from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (mofakult AG, Im Buchfeld 20, 8500 Frauenfeld, Schweiz, Tel.: 0041 52 730 05 30, E-Mail: info@mofakult.ch) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Please use the already addressed Rücksendeformular.

Consequences of cancellation

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion or premature expiry of the right of cancellation

The right of cancellation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to your personal needs.

The right of cancellation expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

The right of cancellation expires prematurely for contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

General information

• 1) Please avoid damaging and soiling the goods. Please return the goods to us in their original packaging with all accessories and packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
• 2) Please do not return the goods to us freight collect.
• 3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of cancellation.