1. Scope of application (general)
The following General Terms and Conditions (T&Cs) apply to the use of this website and the business relations between VCS Verkehrs-Club der Schweiz (hereinafter referred to as “VCS”), Aarbergergasse 61, P.O. Box, 3001 Bern and its members and customers in the version currently available at the time the website is accessed or contracts are concluded. The exception to this is VCS-Boutique, which has separate T&Cs (https://www.vcs-boutique.ch/de/agb_vcsb). The term “customer” refers to any natural or legal person who has a business relationship with VCS. The General Terms and Conditions shall be based on Swiss law and shall apply within Switzerland if expressly or implicitly acknowledged by the Parties. Deviating terms and conditions, amendments and ancillary agreements are only valid if confirmed in writing by VCS. The customer confirms that they fully accept these T&Cs when using this website or placing an order. The T&Cs may be amended from time to time. VCS requests that you read these provisions carefully every time you visit the website and every time you place an order. In all other respects, the provisions of the Swiss Code of Obligations (Obligationenrechts) regarding the purchase agreement (cf. Art. 184 et seq. OR), the other Swiss laws and ordinances and the VCS Articles of Association shall apply. Should any provision of these T&Cs be invalid, whether in whole or in part, this shall not affect the validity of the remaining provisions. The following general terms and conditions apply to all contracts concluded via VCS websites, with the exception of VCS-Boutique. They form a legally binding part of all business transactions and are accepted as binding by the customer upon placing the order. Deviating terms and conditions and amendments must always be expressly confirmed in writing in order to be effective. The operator of this website is VCS.
2. Our offering
Prices and product ranges are subject to change at any time. In the event of mistakes or errors in the pricing information, VCS reserves the right to make subsequent price changes. In this case, the customer shall be informed and shall not be obliged to accept the products affected by the price change. All prices are in Swiss francs and, unless otherwise stated, include VAT. Information provided by telephone shall not remain valid beyond the duration of the phone call unless it is clearly an offer. Offers made in writing, by telephone or in person are considered binding and are generally valid for 30 days. VCS cannot guarantee that the products offered will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.
3. Conclusion of contract
By placing an order, the customer declares, with binding effect, that they wish to purchase the products listed in the shopping basket at the prices shown. The customer will then receive a confirmation e-mail from VCS, which shall be sent to the e-mail address provided by the customer during the order process. Until such confirmation has been sent, the party making the offer reserves the right to reject the order or reduce the order quantity, which shall either result in no contract being concluded between the party placing the order and VCS or a contract for the reduced order quantity, unless the Customer declares immediately that they are not interested in a reduced order quantity. The customer is responsible for providing a complete and correct delivery address. If the customer provides an incorrect delivery address, delivery may not be possible. Consequently, VCS may refrain from making the delivery altogether, without such giving rise to any claims for compensation or damages. The contract is concluded as soon as VCS sends a declaration of acceptance by email confirming the shipment of the ordered products or services.
Memberships shall be based on the provisions on VCS membership in the VCS Articles of Association (Article 3). A VCS membership starts immediately after conclusion of the contract and is automatically renewed for one year unless the membership is terminated at least three months before 31st December of the current year. The membership fee can be paid using the payment methods listed under point 6. Members will receive their membership card by post once payment has been received.
With regard to the insurance policies offered by VCS, VCS merely acts as an intermediary. The insurance benefits are the responsibility of the respective insurance providers. When purchasing insurance brokered by VCS, the respective General Terms and Conditions of Insurance, which must be acknowledged and confirmed prior to completion of the purchase, shall always apply in addition to these T&Cs.
4. Conditions of delivery
Orders are only delivered once payment has been received in full (exception: delivery against invoice). If, following conclusion of the contract, it transpires that the order cannot be delivered or cannot be delivered in full, VCS shall be entitled to withdraw from the contract in full or a part thereof. If the customer’s payment has already been received by VCS, the payment will be refunded. If no payment has been made, the customer is released from their obligation to pay. In the event that the contract is terminated, VCS shall not be obliged to make a replacement delivery. The risk of destruction or damage to the ordered goods passes to the customer upon dispatch.
Orders placed via the VCS websites must be settled in advance using the payment methods indicated on the website. A credit check may be carried out at any time for new or existing customers. Until full payment has been made for the ordered products, the delivered products shall remain the property of VCS.
Credit balances held by the customer with VCS are generally offset against VCS claims against the customer. At the express request of the customer or if VCS has no further claims in the same year, the customer’s credit balance shall be refunded. The refund will be issued to a bank or post office account held by the customer. Amounts of less than CHF 50 will not be reimbursed and will only be offset, unless a mistake has been made by VCS.
6. Exclusion of warranty and liability
Any warranty for the delivered products and any liability for damage caused by these products is excluded. However, if VCS is able to assert further warranty claims against its suppliers for the product in question, VCS shall, wherever possible, assign these claims to the supplier at the customer’s request. However, VCS does not assume any responsibility for the successful enforcement of these claims.
7. Data protection
The data required to perform the business transaction is stored and processed for the necessary purposes and, if necessary, passed on to affiliated companies or contractors as part of order processing (e.g. the postal service or companies to check customers’ ability to make payment). All personal data will be treated confidentially.
VCS expressly reserves the right to adapt these General Terms and Conditions to the circumstances at any time and to apply them immediately to subsequent orders.
Bern, 28th July 2017