General Terms and Conditions

Version dated 26 October 2026

1. Provider, scope and contract version

The contracting party is TWHEELS GmbH, Untere Schwärzistrasse 54, 8872 Weesen, Switzerland, commercial register no. CH-020.4.066.502-5 (Commercial Register Office of the Canton of Glarus), UID/VAT no. CHE-329.307.797, e-mail: info@twheels.ch, phone: +41 43 508 20 26.

These General Terms and Conditions apply to orders placed via the TWHEELS online shop. TWHEELS delivers to Switzerland, Liechtenstein and to Germany, Austria, Belgium, Denmark, France, Italy and Luxembourg. The options available at checkout are decisive. Product- and country-specific restrictions remain reserved; individual products are available in Switzerland and Liechtenstein only.

A consumer is any natural person acting for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their trade, business or self-employed professional activity.

The version of these Terms incorporated into the order process at the time the order is placed is decisive. Later changes apply only to future orders and do not alter contracts already concluded. The customer may save or print the Terms before placing the order. Where mandatory law requires confirmation of the contract on a durable medium, TWHEELS provides it no later than upon delivery of the goods.

Deviating terms of the customer apply only if TWHEELS has expressly agreed to them. Mere use of the website does not constitute acceptance of these Terms.

2. Offers, product information and ranges

The presentation of products in the online shop is not a legally binding offer but an invitation to the customer to place an order.

Product descriptions, technical data and expressly advertised features form part of the contract to the extent provided by law. Minor deviations reasonable for the customer remain reserved, provided they do not impair the agreed use or mandatory rights.

Information on range, operating time, charging time or performance is based on the stated test conditions. Actual values may deviate, in particular due to temperature, load, tyre pressure, terrain, surface, assistance level, riding style, maintenance condition and battery age. An expressly warranted characteristic or a mandatory legal right is not limited thereby.

3. Prices, gift cards and discount codes

The prices shown in the order process apply in the currency indicated there. Where applicable and unless otherwise stated, they include statutory value added tax, advance recycling fees and other price components that cannot be freely selected. Delivery, freight and additional costs are shown before the order is placed.

Price changes apply only to future orders. The price of a contract already concluded is not changed thereby.

Gift cards purchased for consideration are valid for ten years from the date of issue. Partial redemptions are possible and the remaining balance stays available until expiry. Cash payment or interest is excluded unless mandatory law provides otherwise. Gift cards and credit notes are not paid out in cash. Purchased gift cards are excluded from the voluntary right of return. Mandatory statutory rights of withdrawal and refund remain unaffected.

Free promotional and discount codes are valid only for the stated period and under the conditions communicated before the order is placed. They cannot be paid out in cash and can be combined only where expressly stated. Mandatory rights and claims already arising from gift cards purchased for consideration remain unaffected.

4. Order, conclusion of contract, pricing errors and unavailability

An order in the online shop goes through the following steps:

• Select the product, choose the desired variant and quantity and add it with Add to cart. With Buy now the customer goes straight to the order process.
• Review the items in the cart. Quantities can be changed and items removed there at any time.
• Start the order process with Check out.
• Enter contact details and the delivery address.
• Choose the shipping method.
• Choose the payment method and, depending on the method, continue to the payment service provider.
• Review the summary with all items, delivery and additional costs and the total amount.
• Submit the order bindingly using the button that completes the payment.

The customer can correct input errors at any time until the binding submission: change or remove quantities and items in the cart, overwrite entered data in the input fields and return to an earlier step using the back function. Until then the order process can also be cancelled without consequence by closing the browser or the window.

TWHEELS stores the contract text and sends the customer the order data together with the order confirmation by e-mail. The General Terms and Conditions applicable at the time of the order form part of that confirmation. The customer can also save or print them before placing the order.

By placing an order the customer submits a binding offer to conclude a purchase contract. The automatic order confirmation only confirms receipt of the order and does not yet constitute acceptance. The contract is concluded as soon as TWHEELS sends an express acceptance or shipping confirmation or hands the goods over for shipment.

TWHEELS may reject an order before the contract is concluded if a price, a product detail or a discount calculation is obviously erroneous. The customer is informed without delay. A payment already made is refunded via the same payment method unless expressly agreed otherwise and provided no costs arise for the customer. After conclusion of the contract, only the statutory rights regarding error remain reserved.

If goods are unavailable before the contract is concluded, TWHEELS may reject the offer and refund any payment already made without delay. If, after conclusion of the contract, delivery becomes permanently impossible for a reason not attributable to TWHEELS, TWHEELS informs the customer without delay and refunds payments for the service not rendered. In the case of partial availability, the customer may choose between partial delivery and a refund of the undeliverable part. A substitute product is delivered only with the customer's consent. Mandatory claims remain reserved.

5. Payment and retention of title

The customer has the payment options shown at checkout. TWHEELS may exclude individual payment methods for objective reasons or require advance payment.

If the customer chooses an external payment service provider, in particular HeyLight for instalment payments or PowerPay for purchase on invoice, that provider's contractual and data protection terms made accessible at checkout apply in addition. Claims may be assigned to the payment service provider within the scope of the chosen payment method. The customer's mandatory rights against TWHEELS remain unaffected.

If the customer chooses advance payment by bank transfer, the amount must be credited within ten calendar days of the order confirmation. If payment is not received by then, TWHEELS may, after a reminder with a reasonable grace period, withdraw from the contract and cancel the order. For the other payment methods, the period stated at checkout or on the payment service provider's invoice applies. Otherwise the statutory provisions on default apply.

The goods remain the property of TWHEELS until paid in full, to the extent that the retention of title has been validly established under the applicable law.

6. Parcel, bulky goods and freight delivery

The delivery method designated in the offer, at checkout or in the order confirmation is decisive. Delivery dates are binding only if expressly confirmed as binding.

For products marked as freight or bulky goods delivery, standard delivery comprises, unless a more extensive service has been expressly agreed, delivery to the nearest kerbside at the delivery address that can be reached freely and safely with the delivery vehicle. Transport into a building, flat or floor, transport up stairs, unpacking, assembly and disposal of packaging are owed only if the corresponding additional service was expressly agreed and confirmed before the order.

The customer must provide correct contact and address details, known access restrictions and a reachable contact person. In the case of a firmly agreed or appropriately announced delivery window, the customer must enable acceptance.

If a delivery cannot be made for a reason attributable to the customer or is refused without legitimate reason, TWHEELS may charge the actual, reasonable and documented additional costs of the failed delivery attempt, the return transport, necessary storage and a renewed delivery. This requires that the customer was transparently informed in advance of the amount or the calculation of these costs. The customer may prove that no or lower costs were incurred. In the event of an error by TWHEELS or the carrier, or a justified refusal of acceptance, no such costs are charged.

7. Passing of risk, delay in delivery and force majeure

For consumers, the risk of accidental loss or accidental deterioration passes only when the consumer or a person authorised to receive the goods designated by the consumer, other than the carrier, has physically received the goods. If the consumer engages a carrier that TWHEELS did not offer as a shipping option, the risk passes upon handover to that carrier. In the event of default of acceptance attributable to the consumer, the statutory provisions apply.

If TWHEELS fails to meet a delivery date confirmed as binding, the customer may set a reasonable grace period. If that grace period expires without result, the customer may withdraw from the contract and is promptly refunded any payments already made for the performance not rendered. Mandatory statutory rights, in particular statutory claims for default and damages, remain unaffected and do not require such a grace period where the law dispenses with it.

If performance is temporarily prevented by an event beyond the reasonable control of TWHEELS that could not be avoided despite reasonable precautions, the performance period is extended by the duration of the impediment. This may include natural events, official measures, war, unrest, epidemics, strikes outside the TWHEELS business and significant and unforeseeable transport or energy failures. Ordinary price increases or avoidable procurement problems do not constitute force majeure.

TWHEELS informs the customer as soon as possible and takes reasonable measures to limit the consequences. If the impediment lasts longer than 60 days, both parties may terminate the part of the contract not yet performed. Payments for services not rendered are refunded without delay. Statutory rights of withdrawal, damages and liability remain reserved.

8. Inspection and transport damage

The customer is asked to check the delivery upon receipt for completeness, correctness and recognisable transport damage. Transport damage and missing quantities must be reported to TWHEELS within seven calendar days of delivery to info@twheels.ch. Visible damage should, where possible, be documented at handover. Damage identified during unpacking must be reported without delay after unpacking. Hidden damage that becomes apparent only later must be reported within five calendar days of its discovery.

For the assessment of damage, the outer and inner packaging received, including the shipping label, must be retained and the damage documented precisely. The report must state where the damage is located and include meaningful photos of the product, the damaged area, and the outer and inner packaging. TWHEELS requests packaging photos for the claim submitted to the transport service provider. The packaging must be retained until the damage assessment has been completed and made available for inspection on request. If TWHEELS delivered the goods without packaging as agreed, this must be documented; photos of packaging that was not supplied are not required.

For consumers, failure to meet these deadlines or incomplete documentation does not automatically result in the loss of mandatory statutory warranty rights. The absence of a note on a delivery slip does not automatically constitute approval of a defect. The statutory duties of inspection and notification apply to entrepreneurs.

9. Voluntary right of return

Consumers whose habitual residence is in Liechtenstein or in a member state of the European Union additionally have a statutory right of withdrawal. It is set out in section 12, takes precedence over the voluntary right of return and is not subject to any of the conditions below.

Independently of mandatory statutory rights, TWHEELS grants the following voluntary right of return:

• Day 1 to 14 after receipt: return against a cash refund of the purchase price actually paid. The original packaging must be available and used for the return shipment.
• Day 15 to 120 after receipt: return exclusively against a TWHEELS credit note. No cash refund is made.

9.1 Notification and deadlines

The voluntary return must be notified within the applicable period by e-mail to info@twheels.ch. TWHEELS confirms the return and communicates the further procedure and the return address. Timely notification remains decisive even if TWHEELS processes it only after the notification period has expired.

After receiving the return confirmation and the necessary return information to be provided by TWHEELS, the customer must dispatch the goods within 14 calendar days or return them personally to TWHEELS by appointment. For a return shipment, timely dispatch is decisive, not arrival at TWHEELS.

If collection by TWHEELS or a carrier appointed by TWHEELS has been agreed, it is sufficient for the customer to make the goods available within this period, properly packed and secure for transport, and notify TWHEELS that they are ready for collection. The customer must enable the agreed collection. Delays in such collection for which the customer is not responsible are not at the customer's expense. Other delays caused by TWHEELS are likewise not at the customer's expense.

Uncoordinated shipments may be rejected within the scope of the voluntary right for logistical or safety reasons. Mandatory statutory claims are not lost thereby. A statutory right of withdrawal or rescission does not require approval by TWHEELS; the applicable statutory deadlines and requirements govern such rights.

9.2 Condition and packaging

The goods must be complete, clean and functional. All accessories, manuals, cables, chargers, small parts and inserts must be included. This also applies to free add-ons, gifts and any unredeemed promotional or voucher codes supplied with this order. If a free add-on has been used up or a code has already been redeemed, TWHEELS may deduct its value from the refund or credit note. The goods may only have been tested to the extent necessary to assess their nature, characteristics and function.

For every return shipment or collection by a carrier, the customer must pack the goods independently, properly and securely for transport. The packaging must protect the product on all sides against the usual stresses of transport. This also applies when TWHEELS organises the return transport. For a voluntary return against a cash refund within the first 14 days, the original packaging is required. Where original packaging is not required, other equally suitable transport packaging is permitted.

Collection or acceptance for transport may be refused while the necessary secure transport packaging is missing. If an inadequately packaged shipment nevertheless arrives at TWHEELS, TWHEELS agrees the next steps with the customer. A further shipment takes place only once safe transport is ensured.

A proven loss of value caused by a packaging error for which the customer is responsible is assessed under section 9.3. This does not constitute a blanket exclusion of liability for all transport damage. Mandatory statutory rights remain unaffected.

9.3 Depreciation and exclusions

TWHEELS inspects every returned item. Merely opening the packaging and the inspection necessary to assess the nature, characteristics and function of the goods do not lead to a flat-rate deduction. No deduction for loss of value is made for unopened, complete and undamaged goods. The applicable return periods, requirements and distinction between a cash refund and a credit note under section 9 remain decisive.

A deduction is permissible to the extent that an actual loss of value has been proven and was caused by handling not necessary for inspection, extraordinary wear, soiling, improper repackaging or missing accessories. TWHEELS provides the customer with a clear explanation of the reason for and amount of the deduction.

In the event of significant damage, heavy use, missing essential components or if the goods can no longer be sold as a used or refurbished product, TWHEELS may refuse the voluntary return.

Products sold as refurbished are excluded from the voluntary right of return on days 1 to 120. The two-year warranty remains in place. Purchased gift cards are also excluded from the voluntary right of return. Products that have been modified within the meaning of section 10.5 are likewise excluded, even with TWHEELS' consent. Mandatory statutory rights remain unaffected.

9.4 Return transport and refund

The customer bears the return shipping costs. The customer may organise the shipment themselves or request return transport by TWHEELS. Personal return to the warehouse in Weesen is free of charge by appointment.

The refund or issue of the credit note takes place after receipt and inspection of the goods, usually within 14 calendar days. Credit notes are not paid out in cash. Mandatory statutory refund claims remain unaffected.

10. Warranty

10.1 Scope and duration

TWHEELS grants a two-year warranty against material and manufacturing defects from receipt of the goods on new products and on products sold as refurbished. Statutory rights in respect of defects exist independently of this warranty and are not limited by it. They are governed by the mandatorily or validly applicable law.

The periods of 14 and 120 days for the voluntary right of return under section 9 limit neither this warranty nor statutory rights in respect of defects. A material or manufacturing defect that becomes apparent only later may therefore still be claimed under the applicable requirements. Statutory rules on the start of periods, limitation and timely notification of defects remain unaffected.

Batteries are covered by the two-year warranty in the case of material and manufacturing defects. A normal age- and use-related decrease in capacity is not a warranty case.

For products that TWHEELS expressly offers for office use, the warranty also applies to intended use in companies. Damage caused by industrial use or other non-approved types of use is excluded to the extent caused thereby.

10.2 Notification, bring-in and packaging

Defects should be reported to info@twheels.ch as soon as possible after discovery. The report should include the order number, the product, a description of the fault and meaningful photos or videos. Where relevant, the serial number, mileage, duration and type of use must be stated. Section 8 additionally applies to transport damage.

The warranty is a bring-in warranty. Outward transport means the transport of the product to TWHEELS; return transport means the transport back to the customer. The customer ensures that the product reaches TWHEELS: the customer brings it to the warehouse in Weesen by appointment or sends it to TWHEELS at their own cost and risk, packed securely for transport. Before the outward transport, the customer agrees the procedure with TWHEELS; this coordination serves diagnosis, logistics and safety, in particular for batteries. For large products, TWHEELS offers a shipping label or collection for a fee. The prices are shown on the "Service prices" page in the shop. If no price is shown there for a product, a type of transport or an address, in particular for bulky goods, the amount corresponds to the carrier's costs including value added tax. In every case, TWHEELS informs the customer of the amount in text form, for example by e-mail, before the transport. Section 10.7 applies to consumers in Liechtenstein and the EU.

If the customer reports the defect within 14 calendar days of receiving the goods, TWHEELS may offer to have the product collected and to bear the costs of this provisionally. Before the collection, TWHEELS informs the customer in text form of the amount of the collection and the maximum amount for the inspection under section 10.3 paragraph 3 letter a, and points out that the customer bears the costs of the collection and the inspection if there is no covered defect. At the same time, TWHEELS points out the collection period, the storage fee and the sale under section 10.6. At the same time, TWHEELS informs consumers in Liechtenstein and the EU that their statutory warranty rights are free of charge and that they bear these costs only under section 10.7 letter b. The customer may refuse the collection and bring or send the product in accordance with paragraph 2. If there is a covered defect, TWHEELS bears the costs of the outward and the return transport, even if the customer brings or sends the product themselves in accordance with paragraph 2. The voluntary right of return under section 9 and the right of withdrawal under section 12 remain unaffected.

The original packaging is not required for a warranty case. If the product is shipped or collected by a carrier, the customer packs it independently, properly and securely for transport so that it is protected against the usual stresses of transport. Other suitable transport packaging is sufficient. This also applies to transport organised by TWHEELS, subject to the expressly agreed exception below for products originally delivered without packaging. Collection or acceptance for transport may be refused while the required secure transport packaging is missing. For inadequately packaged shipments that have already arrived, TWHEELS agrees the next steps with the customer; a further shipment takes place only once safe transport is ensured.

If a product is personally delivered to TWHEELS without packaging by appointment in a warranty case, it must be collected personally and without packaging from the warehouse in Weesen after processing. In this case TWHEELS does not provide packaging and does not ship the product. This also applies to a replacement product. TWHEELS points out the required collection and section 10.6 in text form, for example with an acceptance slip, when accepting the product.

Exception: If TWHEELS originally delivered the product without packaging as agreed, for example certain bicycle models, TWHEELS may arrange suitable unpackaged transport again by prior agreement. This exception applies to the agreed transport to TWHEELS and back to the customer, including after personal delivery without packaging. Unpackaged shipping organised independently is not covered by this exception. Sections 10.2, 10.3 and 10.7 apply to the costs. Mandatory statutory claims remain reserved.

Additional damage demonstrably caused by a packaging error for which the customer is responsible is not covered by the warranty against material and manufacturing defects. Assessment of the defect originally reported and independent warranty claims remain in place. This does not entail a blanket exclusion of all transport damage.

If a defect can be remedied without a return shipment, TWHEELS may, in a warranty case, send the customer a spare part free of charge.

10.3 Handling

If the inspection confirms a covered defect, TWHEELS remedies it free of charge by repair or, at TWHEELS' choice, by replacement with an identical or equivalent product. In this case TWHEELS bears the costs of the repair or replacement and the return shipment to a delivery address in Switzerland; section 10.7 applies to consumers in Liechtenstein and the EU. For products personally delivered without packaging, collection under section 10.2 applies; the exception set out there for products originally delivered without packaging remains reserved. A refund of the purchase price is not provided for under the warranty.

Under this warranty, TWHEELS provides repair or replacement. The statutory rights in respect of defects, in particular rescission and price reduction, remain unaffected and are governed by the applicable law.

A covered defect is a defect for which TWHEELS is responsible under this warranty or under the statutory rights in respect of defects. If there is no covered defect, the following applies:

• a) For the inspection, the customer owes the time actually required by the specialist engaged by TWHEELS for troubleshooting, functional testing, necessary disassembly and reassembly and documentation of the result, at an hourly rate of CHF 60 including value added tax. Acceptance, unpacking and packing, storage and correspondence are not included. Billing is per quarter of an hour or part thereof; for this purpose TWHEELS adds up the entire time spent on a case. Before the outward transport or, in the case of personal delivery in Weesen, before acceptance, TWHEELS informs the customer in text form of a maximum amount for the inspection including value added tax, which the specialist sets according to the product and the reported fault. In the same notification, TWHEELS points out the collection period, the storage fee and the sale under section 10.6. By the outward transport or the delivery following this notification, the customer instructs TWHEELS to carry out the inspection on these terms. If the notification is missing, TWHEELS may provide it before the inspection begins; the inspection is then chargeable only if the customer has consented in text form before it begins. The customer may cancel the inspection until it begins and then owes nothing for it; in this case letters b and c apply to the transport. The maximum amount covers only the inspection, not transport, repair or the storage fee. TWHEELS never charges more than the stated maximum amount for the inspection. If it is not sufficient, TWHEELS interrupts the inspection and asks the customer in text form whether they consent to a higher maximum amount. If the customer does not consent, TWHEELS ends the inspection, informs the customer of the findings so far and charges no more than the maximum amount originally stated. Together with the result, TWHEELS sets out the work steps, their duration and the amount. If TWHEELS has not stated the maximum amount in text form in accordance with this letter, the inspection is free of charge for the customer.
• b) The customer bears the costs of the outward transport and, if they choose the return shipment, of the return transport. This also applies if TWHEELS has organised or provisionally paid for the outward transport, in particular in the case of a collection under section 10.2 paragraph 3. The decisive amount is the amount under section 10.2 that TWHEELS communicated to the customer in text form before the respective transport. If TWHEELS did not communicate the amount in advance, the customer owes nothing for that transport.
• c) TWHEELS informs the customer of the result in text form, gives comprehensible reasons for it, for example with photos, videos or error codes, and states the outstanding costs. The customer chooses between collection in Weesen by appointment, without costs for the return transport, and return shipment to their address. TWHEELS hands over the product only against simultaneous payment of the outstanding costs; in the case of collection, the customer may pay on site. TWHEELS carries out the return shipment as soon as the outstanding costs have been paid. The customer may pay under reservation.
• d) A repair is carried out only if the customer has consented to a cost estimate communicated in advance in text form. The cost estimate is free of charge. If the costs exceed the cost estimate, TWHEELS obtains the customer's consent again beforehand. After the repair, the repair costs also form part of the outstanding costs.
• e) The result of the inspection is not binding on the customer. If it later turns out that there was a covered defect, TWHEELS refunds within 14 calendar days the inspection costs paid, the transport costs paid under this section and the storage fee under section 10.6.
• f) If the customer declares a return under section 9 after the inspection has begun, the inspection costs under letter a remain owed; otherwise, the costs are governed by section 9.4. If the customer declares withdrawal under section 12, the costs are governed solely by section 12. In both cases, the product remains with TWHEELS and section 10.6 does not apply. If TWHEELS refuses the return under section 9.3, section 10.6 applies.
• g) Section 10.6 applies to products that have been made ready and not collected.

For products personally delivered without packaging, the return shipment under letter c does not apply; the collection rule and the exception for products originally delivered without packaging under section 10.2 apply. Section 10.7 applies to consumers in Liechtenstein and the EU.

Uncoordinated additional costs of the customer are reimbursed only to the extent that they were objectively necessary, reasonable and legally to be borne by TWHEELS. Mandatory statutory rights remain reserved.

10.4 What is not covered

• Normal use- or age-related wear, including fading of fabrics and settling of upholstery.
• Damage caused by misuse, improper assembly, overloading, falls or accidents.
• Scratches, dents and other cosmetic damage caused by improper handling.
• Damage caused or substantially contributed to by unauthorised repairs, modifications or alterations.
• Damage caused by use outside the approved area of use for the respective product, including non-approved commercial or industrial use.
• Damage caused by inadequate care, external influences, exceeding binding usage limits, moisture or water beyond the protection rating stated for the product (in particular submersion, high-pressure or steam cleaners, riding through deep water), frost, heat, improper storage, derestriction, tuning, manipulation of the controller, unsuitable chargers or technically incompatible components, to the extent that these caused or substantially contributed to the damage.

Normal wear is also not covered on wear parts such as brakes, tyres, inner tubes, rollers, belts, straps, springs, bearings and sprockets. Material, manufacturing and factory assembly defects remain covered, including on fabrics, upholstery and wear parts. Mandatory statutory rights in respect of defects remain unaffected.

10.5 Modifications to the product

If the customer or a third party engaged by the customer modifies the product without the prior consent of TWHEELS in text form, for example by e-mail, the warranty under this section 10 lapses for the entire product. It only remains in place to the extent that the customer proves that the defect claimed was neither caused nor promoted by the modification. Modified or non-original parts are not covered by the warranty.

Modifications include in particular conversions, removing or relocating components (for example luggage racks, mudguards or lighting), drilling, interventions in the electrical system, wiring, battery or controller, and fitting non-original parts to the frame, the electrical system or safety-relevant components. The following are not modifications: fitting original TWHEELS accessories according to the instructions, attaching accessories without intervention at the points intended for them (for example a bell, phone holder or lock), the proper replacement of wear parts with equivalent parts, and adjustment and maintenance work in accordance with the user manual.

TWHEELS may make its consent subject to conditions, for example that the work is carried out by a specialist workshop. Even with consent, damage resulting from carrying out the modification is not covered unless TWHEELS carried out the modification itself. Mandatory statutory rights, in particular the statutory rights in respect of defects under section 10.1, remain unaffected.

10.6 Collection, storage fee and sale of uncollected products

If a product is ready for collection or return shipment after inspection, repair or a cancelled inspection, or if the customer has, within 14 calendar days, neither consented to a notification provided subsequently under section 10.3 paragraph 3 letter a nor cancelled the inspection, TWHEELS notifies the customer in text form at the last known e-mail address. If the e-mail cannot be delivered, the notification is sent by letter to the delivery address. The notification states the outstanding costs, how the customer can pay them, the choice under section 10.3 paragraph 3 letter c and the storage fee under this section. It sets the customer a period of 14 calendar days from receipt to collect the product, arrange a collection appointment or pay for the return shipment. If the customer orders a repair within this period, the period starts again with the notification that the repair has been completed.

If the customer does none of these within the period, the customer owes a storage fee of CHF 2 per calendar day including any value added tax, up to a total maximum of CHF 120 per product and case, for further storage from the 15th calendar day after receipt of the notification. If the customer does not appear at the agreed collection appointment, the storage fee runs from the day after the appointment, but not before the 15th calendar day. No storage fee is charged for days on which TWHEELS does not offer a collection appointment, does not carry out a paid return shipment or otherwise does not enable handover. If TWHEELS demands costs that the customer does not owe, the storage fee lapses entirely.

If, 90 calendar days after receipt of the notification, the customer has neither collected the product nor paid for the return shipment, and the amounts demanded are owed and due, TWHEELS may set the customer a final period of 14 calendar days by e-mail and by registered letter to the delivery and billing addresses. In it, TWHEELS states the outstanding amounts, announces the sale and states the earliest date of sale. After this period has expired, TWHEELS may sell the product in good faith at a customary market price to a third party, including via its own shop as an inspected device. TWHEELS does not acquire the product itself and, when selling, safeguards the customer's interests with the care of an agent. Beforehand, TWHEELS deletes personal data and pairings stored on the product.

From the proceeds, TWHEELS deducts the value added tax owed on them, the outstanding costs under section 10.3, the storage fee and the documented, reasonable costs of the sale. TWHEELS draws up a statement in text form within 30 calendar days of the sale and transfers the surplus to an account designated by the customer; until then, TWHEELS holds the amount for the customer. If the proceeds do not cover the amounts, TWHEELS does not claim the remainder. If a sale is not possible or its costs would probably exceed the proceeds, TWHEELS may dispose of the product properly after the final period has expired, provided the final notice refers to this.

If, before the sale, the customer disputes the inspection result or the amounts demanded in text form, or if conciliation or court proceedings concerning them are pending, the sale does not take place. Another specialist then inspects the product a second time free of charge; no storage fee is charged until the result of this inspection has been communicated. If the second inspection establishes a covered defect, section 10.3 paragraph 1 applies, and costs under section 10.3 paragraph 3 and the storage fee are not owed. If it confirms the first result, the periods under this section start again upon its communication. If the customer then maintains their position, TWHEELS may proceed only in accordance with Art. 92 to 94 of the Swiss Code of Obligations.

The customer may avert the sale until the day of sale by collecting the product or paying for the return shipment. The customer then owes the outstanding costs and the storage fee incurred up to that point.

This section does not apply as long as TWHEELS must hand over or return the product free of charge under section 10.3 paragraph 1 or under mandatory law. It applies accordingly to goods whose voluntary return under section 9.3 was refused. Section 6 applies to deliveries that are not accepted. TWHEELS' rights under Art. 92 to 94 of the Swiss Code of Obligations and Art. 895 to 898 of the Swiss Civil Code remain reserved. Section 10.7 applies to consumers in Liechtenstein and the EU.

10.7 Consumers in Liechtenstein and the EU

The following rules apply to consumers whose habitual residence or delivery address is in Liechtenstein or in a member state of the European Union. They take precedence over the other provisions of this section 10.

• a) Exercising the statutory rights in respect of defects is free of charge for the customer. If there is a defect for which TWHEELS is responsible under the statutory rights in respect of defects, TWHEELS bears the necessary costs of the remedy, in particular transport to TWHEELS and back to the delivery address, any customs and clearance costs and the risk of transport. TWHEELS reimburses the customer for their necessary transport costs. For products that cannot be sent as a parcel, TWHEELS arranges collection on request without the customer having to advance any costs. The bring-in rule under section 10.2 applies only to the warranty.
• b) Under section 10.3 paragraph 3 letters a and b, the customer bears the inspection costs and the costs of a transport that TWHEELS organised or provisionally paid for only if the customer knew, or could have recognised with the care reasonably expected of them within the scope of their abilities, that there was no covered defect, and if the customer consented in text form, before the outward transport, to the maximum amount for the inspection and to the amount of the transport. If it remains uncertain for the customer whether there is a covered defect, the customer does not bear these costs. If, before the transport, TWHEELS explained to the customer in text form specifically what the reported fault is based on and how the customer can check this themselves, for example with a step from the instructions, this is taken into account in the assessment. The statutory allocation of the burden of proof remains unaffected. The customer bears their own shipping costs and a return shipment they have chosen if there is no covered defect. TWHEELS points out these rules in the notification before the outward transport.
• c) The right of withdrawal under section 12 remains unaffected. If the customer declares withdrawal within the withdrawal period, costs and return are governed exclusively by section 12.
• d) With regard to the inspection costs under section 10.3 paragraph 3 letter a and the storage fee under section 10.6, the customer may prove that no or lower costs were incurred. The inspection costs are billed to the minute according to the actual working time and are limited to the costs actually incurred by TWHEELS for the inspection of this product.
• e) Sale and disposal under section 10.6 are permitted only if the customer has consented to them separately and expressly in text form after receipt of the notification under section 10.6; acceptance of these Terms or of a send-in agreement does not constitute consent. If, 90 calendar days after receipt of the notification, the customer has neither collected the product nor paid for the return shipment, TWHEELS may set the customer a final period of 30 calendar days by e-mail and by letter. TWHEELS may then return the product to the delivery address and demand the costs of this return shipment under section 10.2, or have it deposited or realised in accordance with the statutory provisions. Section 10.6 paragraph 3 first sentence, insofar as the amounts demanded must be owed and due, and section 10.6 paragraph 5 apply accordingly; in the event of a dispute, the chargeable return shipment also does not take place.

11. Liability

TWHEELS is liable in accordance with the applicable statutory provisions. In the event of a slightly negligent breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely, TWHEELS is liable for the typical, foreseeable damage. Otherwise, liability for slight negligence and for indirect damage, loss of profit and pure consequential financial loss is excluded to the extent permitted by law.

Mandatory liability claims remain unaffected, in particular for unlawful intent, gross negligence, injury to life or health and under the applicable product liability law. Mandatory rights in respect of defective goods and expressly assumed warranties also remain unaffected.

12. Right of withdrawal for consumers in Liechtenstein and the EU

This section applies to consumers whose habitual residence is in Liechtenstein or in a member state of the European Union. It describes a statutory right. It exists alongside the voluntary right of return under section 9 and takes precedence over it. Customers in Switzerland have no statutory right of withdrawal for purchases in the online shop; the voluntary right of return under section 9 applies to them.

12.1 Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you ordered several goods in one order that are delivered separately, the period begins on the day on which you or a third party indicated by you acquires physical possession of the last of the goods.

To exercise the right of withdrawal, you must inform us

TWHEELS GmbH
Untere Schwärzistrasse 54
8872 Weesen
Switzerland
E-mail: info@twheels.ch
Phone: +41 43 508 20 26

of your decision to withdraw from this contract by an unequivocal statement, for example by e-mail or by post. You may use the model withdrawal form under section 12.2, but it is not obligatory.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods. For goods which by their nature cannot normally be returned by post, in particular bulky goods and freight shipments, the estimated maximum cost of the return is shown on the page "Return costs on withdrawal (Liechtenstein and EU)".

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the withdrawal instructions

12.2 Model withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to us. Its use is optional.

• To: TWHEELS GmbH, Untere Schwärzistrasse 54, 8872 Weesen, Switzerland, info@twheels.ch
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
• Ordered on (*) / received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date
• (*) Delete as appropriate.

12.3 Relationship to the voluntary right of return

Within the statutory withdrawal period, the conditions of the voluntary right of return do not constitute grounds for exclusion. Original packaging, prior approval by TWHEELS and the exclusions under section 9.3 are not preconditions for the statutory right of withdrawal. After the statutory period has expired, the voluntary right of return under section 9 continues on its own terms until day 120.

13. Data protection, applicable law, place of jurisdiction and final provisions

TWHEELS processes personal data for the performance of the contract and in accordance with the privacy policy. Required data may be transmitted in particular to logistics, payment and IT service providers.

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state of their habitual residence that would apply without this choice of law. Where mandatory conflict-of-law rules directly designate the law of the habitual residence, that law prevails.

The mandatory statutory places of jurisdiction apply to consumers. An exclusive jurisdiction agreement at the registered office of TWHEELS applies only to entrepreneurs and only to the extent permitted by law.

Should any provision of these Terms be wholly or partly invalid or unenforceable, the contract and the remaining provisions remain valid to the extent permitted by law. The invalid provision is replaced by the relevant statutory provisions. The language of the contract corresponds to the language selected in the order process and made available to the customer. These General Terms and Conditions are provided in German, French, Italian and English. In the event of discrepancies between the language versions, the German version prevails unless mandatory law provides otherwise.