STORE TERMS AND CONDITIONS

These terms & conditions only apply to the additional services of the “Store”.

Scope
Offers and service description
Ordering process and conclusion of contract
Prices and shipping costs
Delivery, product availability
Payment terms
Reservation of ownership
Return right
Non-acceptance
Liability
Data protection
Place of jurisdiction, applicable law, contractual language
Final provisions

1. Scope

1.1 The business relationship between Xara Elias Exclusive Cars GmbH, 4052 Basel (hereinafter “seller”) and the customer (hereinafter “customer”) shall be governed exclusively by the following terms & conditions in effect at the time of ordering.

1.2 For questions, complaints and claims, please contact our customer service on weekdays between 09:00 and 11:30 hrs by phone +41 (0)76 245 06 01 or e-mail info@xe-exclusivecars.ch.

2. Offers and service description

2.1 The product descriptions and illustrations depicted in the online shop are not considered as legally binding offers, but a request to order. Service descriptions in catalogues and on the seller’s website do not constitute a guarantee or promise.

2.2 All our products are available “while stocks last” unless otherwise specified. In addition, errors are reserved.

3. Ordering process and conclusion of contract

3.1 The customer can submit an offer by means of the online order form available in the seller’s online shop. By clicking the button that concludes the ordering process and after entering their personal data, the customer submits a legally binding offer of contract with regard to the goods contained in the shopping cart.

3.2 Multiple registrations under different names or addresses are inadmissible. After the successful completion of the registration process, the customer will be permitted to use the system.

3.3 The customer can select without commitment products/services from the product range of the seller and collect them in a so-called shopping cart by clicking on the button “add to shopping cart”. Subsequently, the customer can click on the button “to checkout”, within the shopping cart, in order to conclude the ordering process.

3.4 By clicking the button “Store” the customer submits a binding request to purchase the goods contained in the shopping cart. Before the order is submitted the customer has the possibility to access and change all data at any time. Necessary data are marked with an asterisk (*)

4. Prices

4.1 All prices on the seller’s website are in Swiss francs. The prices indicated by the seller are total prices including VAT.

4.2 All prices indicated in the Store apply to the event/auction day on 1st October 2022.

5. Product availability

5.1 If the ordered product is not available because the seller has not received the product from their supplier through no fault of their own, the seller can withdraw from the contract. In such a case the seller will inform the customer immediately and can offer to deliver a similar product. If no similar product is available or if the customer does not wish to receive a similar product, the seller will immediately refund any payments already effected.

6. Payment terms

6.1 Before completion of the order process the customer can choose between the available payment methods. Customers will be informed about the available payment methods on a separate information page.

6.2 If third-party providers are entrusted with the handling of payments, e.g. Paypal, TWINT, Postfinance, their terms & conditions apply.

6.3 If a due date for a payment has been specified by reference to the calendar, the customer is already in default by exceeding the date. In this case the customer has to pay statutory default interest according to the Code of Obligations.

6.4 The liability of the customer to pay default interest does not exclude the assertion of other default damages by the seller.

6.5 The customer is only entitled to compensation if his demands are legally valid or are accepted by the seller. The customer may only exercise any rights of retention if his counterclaim is based on the same contractual relationship.

7. Reservation of ownership

7.1 The goods supplied remain the seller’s property until payment has been received in full.

8. Return right

8.1 Basically, products cannot be exchanged or returned. An exchange or return can take place only as an exception and upon consultation with the seller.

9. Non-acceptance

9.1 In case of default of acceptance the seller is has the right to sell the object otherwise or to take the object back. The customer is entirely liable for the resulting damages and has to pay damages to the seller.

10. Liability

10.1 Claims for damages resulting from impossibility of the service, breach of contract, culpability at the time of conclusion of the contract or unauthorised action are, as long as it is not a case of wilful misconduct or gross negligence against the seller and their subcontractors or vicarious agents, completely ruled out.

11. Data protection

11.1 You can find further information about the type, scope, location and purpose of the survey, processing and utilization of the necessary personal data by the seller on our website under “privacy statement”.

12. Place of jurisdiction, applicable law, contractual language

12.1 To the extent permissible by law, the exclusive jurisdiction shall be the court in Basel, Canton Basel-Stadt. Only Swiss law is applicable.

12.2 Contractual language is German.

13. Final provisions

13.1 The seller reserves the right to change the present terms & conditions at any time.

The current binding version of the terms & conditions can be accessed on www.xe-exclusivecars.ch.