This is an English translation of our German-language terms and conditions, provided for convenience. In case of any discrepancy, the German version (AGB) is legally binding.

Scope

The contract is entered into by AK Automobile GmbH, Rütlistrasse 21, CH-8307 Effretikon, Switzerland (buyer) only under the following terms, which are to be regarded as part of the contract.
Any conflicting general terms and conditions of the contracting party are expressly rejected.
These terms and conditions apply to all current and future business relationships, both for transactions of AK Automobile GmbH with private individuals and with legal entities.

I. Conclusion of Contract / Transfer of the Buyer's Rights and Obligations

  1. The purchase contract is concluded once the seller confirms the purchase in writing. The seller is, however, obligated to notify the buyer without delay if the purchase is not accepted.
  2. Transfers of the buyer's rights and obligations under the purchase contract require the seller's written consent.

II. Payment

  1. The purchase price is due upon handover of the vehicle and invoicing. If bank transfer or cash payment has been agreed, payment is due immediately upon conclusion of the contract, unless a later vehicle handover has been agreed. The vehicle, including accessories, remains the seller's property until full payment has been made.

III. Delivery and Delay in Delivery

  1. Delivery dates and delivery periods, whether binding or non-binding, are to be recorded when the purchase contract is concluded.
  2. The seller is obligated to hand over the vehicle to the buyer on time in accordance with the purchase contract.
  3. If the buyer claims damages, these amount to 10% of the purchase price if the vehicle is not handed over as agreed. The seller is liable for any damages subsequently arising from late delivery.

IV. Retention of Title

  1. The vehicle remains in the seller's possession until the handover date.
  2. The retention of title also applies to all claims arising from the ongoing business relationship, provided the seller is acting as a business or legal entity.
  3. If the vehicle is registered unlawfully without a written contract or full payment, AK Automobile GmbH will claim damages of 10% of the purchase price.

V. Jurisdiction

  1. The exclusive place of jurisdiction for all disputes is the buyer's registered seat. Swiss law applies.
  2. The same applies if the seller has no general place of jurisdiction domestically or their place of residence is unknown. The place of jurisdiction is determined by the buyer.

Last updated: 01.01.2025