Terms of service

These General Terms and Conditions ("Terms") inform you, along with our Privacy Policy and Cookie Policy, about us and the terms and conditions under which we sell one of our products ("Products") to you through our website.

These Terms apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure you understand them before ordering Products from us. By ordering one of our Products, you agree to these Terms and the provisions contained therein, as well as other documents expressly referred to herein.

These Terms were last updated on Saturday, March 11, 2024.

About Us

1.1. We are Partox Swiss GmbH, Stieracker 20, 5070 Frick, Aargau, Switzerland ("Partox Swiss," "we," "us," or "our").

1.2. We operate the website www.21cars.ch, www.21cars.de, www.21cars.com, www.21cars.in ("our website").

1.3. To contact us, please use our contact form, send us an email at support@21cars.com, or write to us at the address mentioned above.

Our Products

2.1. The images of the Products on our website are for illustration purposes only. While we have made every effort to accurately represent colors and details, we cannot guarantee that the display of colors and details on your computer accurately reflects the Products.

2.2. Your Products may vary slightly from these images.

2.3. All Products displayed on our website are subject to availability. We will notify you by email as soon as possible if the Product you ordered is not available, and we will not process your order.

Eligibility

3.1. You may only purchase Products on our website if you are at least 18 years old.

3.2. We intend to rely on these Terms in respect of the Contract between you and us.

3.3. We only take responsibility for our statements and representations on our website and not for statements made by third parties.

3.4. Nothing in these Terms affects your legal rights. These rights include your right to receive Products that match the description, are of satisfactory quality, and fit for their intended purpose.

How the Contract Is Formed

4.1. The Contract is subject to these Terms to the exclusion of all other conditions and terms (including any conditions or terms you may purport to apply).

4.2. A Contract will only come into existence when we have issued a written confirmation and acceptance of the Contract (notwithstanding an earlier acknowledgment of receipt).

4.3. We reserve the right to reject any order placed by you at our sole discretion.

4.4. After acceptance by us, no changes or modifications to the Contract are permitted unless accepted by us in writing.

4.5. In case of conflict between the online prices stated and our order confirmation, the latter prevails.

Product Descriptions and Prices

5.1. We do our best to ensure that the information about our Products is correct and up-to-date. However, we cannot guarantee that the description and/or prices of the Products are error-free or that the Products will always be available when you wish to place an order.

5.2. We reserve the right to change the information about Products displayed on our website, including prices, descriptions, and availability. However, such changes will not affect orders for which you have already received an email confirmation.

5.3. The price of a Product includes value-added tax or the applicable local sales tax, if any, at the prevailing rate. If, however, the value-added tax rate or local sales tax changes between the date of your order and the date of delivery, we will adjust the value-added tax or local sales tax you pay, unless you have already paid for the Products in full before the change in value-added tax or local sales tax takes effect.

5.4. The price of a Product does not include delivery charges. Our delivery charges are updated periodically on our website. You can find the relevant shipping costs on our checkout page.

Non-Acceptance of Orders

6.1. While we do our best to accept orders at all times, we may refuse an order in certain cases, for example, if: you provide us with incomplete, incorrect, or fraudulent information about your identity, age, payment details, billing information, or delivery address; we find that an error occurred on our website regarding the Products you ordered, such as in terms of price or displayed description; the Products you ordered are unfortunately no longer in stock or unavailable; we have reasonable grounds to believe you intend to resell the Products.

6.2. If we are unable to accept your order, we will contact you by email as soon as possible, but no later than 30 days after the date of your order.

6.3. If we cannot accept your order due to Products no longer being available or because the price and/or other information on our website was erroneous, we will refund you the money that has already been charged for these Products.

Order Cancellation

7.1. Partox Swiss reserves the right to cancel an order previously accepted at any time before delivery and for any reason. This may include, for example, an event beyond our control, such as a storm, fire, flood, or a failure of computer systems, which results in Partox Swiss being unable to deliver the Products within a reasonable timeframe; the ordered Products were faulty on the website, e.g., in terms of a description, price, or image, which was not discovered before the order was accepted; you request us to cancel your order.

7.2. You may cancel your order if we breach a material condition of this Contract, or if we are unable to deliver your order within a reasonable timeframe after the estimated delivery time, unless it is a delay: 1. for which you are wholly or partly responsible, such as failure to provide the correct delivery address or pay for the Products, or 2. due to an event beyond our control.

7.3. If we cancel your order after acceptance, you will receive an email notifying you of the cancellation.

7.4. If we or you cancel your order after payment has been processed, Partox Swiss will refund the money you paid for that order, usually within 14 days.

7.5. Unless required by law or expressly stated in these Terms, we do not accept liability for any losses, damages, costs, or expenses directly or indirectly resulting from the cancellation of your order, whether arising from contract, negligence, or any other unlawful act, on the grounds of equity, restitution, non-contractual liability, as required by law or otherwise.

Product Availability

8.1. You acknowledge and agree that certain Products may, from time to time, be out of stock or unavailable.

8.2. Partox Swiss reserves the right to temporarily or permanently exclude Products displayed on the website from sale at any time and without notice. Except as otherwise required by law, we do not accept liability for any losses, damages, costs, or expenses directly or indirectly resulting from the unavailability of Products at any time, whether arising from contract, negligence, or any other unlawful act, on the grounds of equity, restitution, non-contractual liability, as required by law or otherwise.

Passing of Risk and Ownership

9.1. The risk for the Product passes to you on delivery to the address you specified in your order.

9.2. Ownership of the Product passes to you on payment in full of the price for the Product (including any delivery charges).

Delivery

10.1. You can find information about our delivery options, areas, and timeframes on our website.

10.2. We aim to deliver the Products to you within the estimated timeframes specified on our website.

10.3. If you do not receive your order within the specified delivery timeframe, please contact us by email at shop@21cars.in.

10.4. In some cases, your order may be subject to import duties and taxes that are applied when your delivery reaches your destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Payment

11.1. You can only pay for the Products by using a credit card, debit card, or PayPal account. We accept Visa, MasterCard, and American Express.

11.2. All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

11.3. We take all reasonable care to make our website secure and to prevent frauds. All credit card transactions on our website are processed using Stripe or PayPal, which are secure online payment gateways that encrypt your card details in a secure host environment. We do not store your credit card details on our systems.

Return and Refund Policy

12.1. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 during the period set out below in clause 12.3. This means that during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

12.2. Your legal right to cancel a Contract starts from the date of the email confirmation of the Contract (the "Contract Date"). Your deadline for cancelling the Contract is 14 calendar days after the day on which the Products come into your physical possession or the possession of a third party other than the carrier and indicated by you.

12.3. To cancel a Contract, you just need to let us know that you have decided to cancel. You can contact us using the contact information provided in clause 1.3. If you are e-mailing us, please include details of your order to help us identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

12.4. If you cancel your Contract, we will:

12.4.1. refund you the price you paid for the Products;

12.4.2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;

12.4.3. make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.

12.5. We will refund you on the credit card or debit card used by you to pay. If you used a discount code when paying, we will also apply a discount to the price you pay for the Products. However, we will deduct a reasonable amount for the purchase and use of the Products if the loss is the result of unnecessary handling by you.

12.6. If a Product has been delivered to you before you decide to cancel your Contract:

12.6.1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or return it to us in-store. Please note that you will have to bear the direct cost of returning the Products.

12.7. If you are unable or unwilling to return the Products to us, we will arrange to collect them from the address to which they were delivered. We will contact you to discuss the collection.

12.8. We will pay the costs of return:

12.8.1. if the Products are faulty or misdescribed;

12.8.2. if you are cancelling the Contract because we have told you of an upcoming change to the Products or these Terms, an error in pricing, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;

12.8.3. in all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.

Privacy and Cookies

13.1. We only use your personal information as set out in our Privacy Policy and our Cookie Policy.

13.2. If you use our website, you agree to the use of your information in line with these policies and confirm that all data provided by you is accurate.

Our Liability

14.1. We shall be under no liability for any delay or failure to deliver Products to you within the estimated timeframes due to circumstances beyond our reasonable control. These circumstances may include events such as severe weather conditions, strikes, or accidents. In such cases, our obligations will be extended by the time needed to complete the order.

14.2. We accept liability for any losses and expenses you might incur as a result of us breaching these Terms.

14.3. We only accept liability for losses and expenses if they are a direct and foreseeable result of us breaching these Terms, or if they were contemplated by both you and us at the time of the Contract. We are not liable for any other losses and expenses.

14.4. We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if they were an obvious consequence of our breach, or if they were contemplated by both you and us at the time we entered into the Contract.

14.5. If you access or print off any content of our website, you accept the risk of any loss, damage, or expense caused by downloading or using that content.

Law and Jurisdiction

15.1. The formation, existence, construction, performance, validity, and all aspects whatsoever of these Terms or of any term of these Terms will be governed by Swiss law. The Swiss Courts will have exclusive jurisdiction to settle any disputes.

Contact Information

If you have any questions or concerns about these Terms, please contact us using the following information:

Partox Swiss GmbH
Stieracker 20
5070 Frick
Aargau, Switzerland
Email: support@21cars.com

We hope this translation helps you create the English version of your shop's terms and conditions. Please ensure that this text complies with all relevant legal requirements and regulations in your jurisdiction. It's also advisable to seek legal counsel to review and customize the terms to suit your specific business needs and location.