General Terms and Conditions of Sale [GTC]

1.Validity

The deliveries, services and offers of our company take place exclusively on the basis of these terms and conditions, regardless of the type of legal transaction. All of our declarations of intent under private law are to be understood on the basis of these terms and conditions. We do not recognize any terms and conditions of the customer that contradict or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our terms and conditions. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.

2.Conclusion of a contract

 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the button “Send order” you place a binding order for the goods in the shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent. We can accept your order by sending an order confirmation by email or by delivering the goods within five days. 

3.Prices 

Unless otherwise stated, the prices are given in EURO. The prices for the US store are quoted in USD. The exact sales tax due (if any) will be calculated at checkout based on the delivery address. The customer is solely responsible for any locally applicable duties or taxes. 

4.Payment terms 

Payment must be made either in advance by credit card or PayPal through our portal. We only deliver the goods after receipt of payment and availability of the goods. 

5.Delivery, dispatch, transport 

Our sales prices do not include shipping, assembly or installation costs, unless otherwise stated. The shipping costs are calculated before receipt of payment and depend on the location and product. 

6.14-day money-back guarantee / right of withdrawal (only for consumers / private customers in the E.U. / Switzerland) 

We grant you a right of withdrawal for the products that you have bought from us. Individual custom-made products are excluded from revocation. Please send us your revocation in writing by email or letter within 14 days of receipt of the goods. 

The time at which the cancellation is sent is decisive for compliance with the deadline. The exercise of the right of withdrawal does not require any justification.

The revocation must be sent to:

In the Garage A.G., Zumikerstrasse 24, Zollikon 8702 Switzerland, [email protected]

Exercising the right of withdrawal leads to the conversion of the purchase contract into a reverse transaction, according to which the services received under the purchase contract must be reimbursed. Goods received must be returned no later than 14 days after the declaration of revocation. We will also reimburse you for payments received within 14 days of the declaration of revocation. However, we can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. In the event of a cancellation, please return the goods to us immediately with the original packaging. You have to bear the costs for the return. We will refund the purchase price to you immediately upon receipt of the goods. We reserve the right to deduct compensation for possible damage or excessive wear and tear from the purchase price to be reimbursed if any loss in value is due to handling of the goods that was not necessary to determine the type, quality and functionality of the goods.

7.Place of performance

The place of fulfillment can vary.

8.Minor changes to products

Minor or other changes to our product or delivery obligation that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the item (e.g. in the case of colors, labels and other specified tolerances, etc.).

9.Warranty, inspection and notification obligation

a) Guarantee

Warranty 

This Limited Warranty applies to physical goods, and only for physical goods, purchased from In the Garage AG (the “Physical Goods”).

 What does this limited warranty cover? 

This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period.  During the Warranty Period, In the Garage AG will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance. The eventual cost of inbound and outbound shipping shall be borne by the customer.

How long does the coverage last? 

The Warranty Period for Physical Goods purchased In the Garage AG is 2 years from the date of purchase.  A replacement Physical Good or part assumes the remaining warranty of the original Physical Good or 2 years from the date of replacement or repair, whichever is longer.

What does this limited warranty not cover? 

  • This Limited Warranty does not cover any problem that is caused by:conditions, malfunctions or damage not resulting from defects in material or workmanship.
  • Damages caused by usage not as described in the instruction documents supplied with the Physical Good.

 What do you have to do? 

To obtain warranty service, you must first contact us to determine the problem and the most appropriate solution for you.  To make a warranty claim please fill in the returns form or send us an email.  We will endeavor to reply as soon as possible.

 Returns policy

Our policy is valid for a period of 30 calendar days from the date of the purchase. If you receive your order and are not satisfied for any reason mentioned below you can return the product for a refund. If the period of 30 days has lapsed since the purchase, we can’t, unfortunately, offer you a refund.  There are no returns on “custom made” items.

Refund requirements

The following criteria must be met to qualify for a refund:

– Product is defective

– Product is not as described

– Product must be in original packaging

– Product must be unused

– Product must not be damaged

In order to ensure the above criteria has been met, all returns will be inspected. If the product does not meet the listed criteria, we reserve the right not to issue a refund.

Proof of purchase

To complete your refund, we require a receipt, purchase order or other proof of purchase. Please note that without the aforementioned proof of purchase, we will not issue a refund.

Shipping items

In order to return an order, you must contact us first and obtain and include a Return Merchandise Authorization (RMA). Returns will not be accepted without a valid Return Merchandise Authorization.  Please contact us for the shipping address to return your product. You will be responsible for paying for the shipping costs with regard to the items that you wish to return. We will not refund the shipping costs.  You must take care to ensure that the goods are properly packaged so that they will not be damaged while in transit. If the product is found damaged or used beyond what it takes for us to reasonably inspect it, then we may reject a refund.

b)  In terms of OR / Article 201 (Switzerland), the goods must be checked immediately after delivery. Any defects found in this way must be reported to us in writing immediately, but no later than three working days after their discovery, stating the type and scope of the defect. Hidden defects must be reported in writing immediately, but no later than three working days after their discovery. If a complaint is not made or not made in good time, the goods are deemed to have been approved.

10.Compensation for damages

Claims for damages by the customer for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, negligence when concluding a contract, consequential damage caused by defects, defects or tort are excluded, unless they are based on intent or gross negligence on our part. The customer must prove the existence of intent or gross negligence. The instructions for use given by us for the delivered goods must be strictly adhered to. If these instructions are disregarded or if the official approval conditions are not observed, we shall not be held liable.

11.Retention of title and its enforcement

a) All goods and items are delivered by us under retention of title and remain our property until they have been paid for in full.

b) If we reclaim or take back the item subject to retention of title, we shall only withdraw from the contract if this is expressly declared. In the event of the return of goods, we are entitled – irrespective of further claims – to charge any transport and manipulation expenses incurred.

12.Choice of law, place of jurisdiction

Swiss law applies. The applicability of the UN sales law is expressly excluded. The contract language is German. The contracting parties agree on Swiss, domestic jurisdiction. For the decision of all disputes arising from this contract, the competent court at the registered office of our company has exclusive local jurisdiction. Point XIX. last sentence does not apply to consumer transactions.

13.Severability Clause

Should individual provisions of these terms and conditions be or become ineffective or unenforceable in whole or in part, this shall not affect the validity of the remaining conditions.

Website Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between In The Garage AG (“In The Garage AG”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the inthegarage.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  Unless otherwise stated, prices are in EURO.  Prices are in USD for the “US” store.  Exact sales tax due (if any) will be calculated at check out based on the Shipping Address.

 Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by In The Garage AG or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with In The Garage AG. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of In The Garage AG or In The Garage AG licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any In The Garage AG or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will In The Garage AG, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if In The Garage AG has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of In The Garage AG and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to In The Garage AG for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold In The Garage AG and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Zürich, Switzerland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Zürich, Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. 

Contacting us

If you have any questions about this Agreement, please contact us.

In the Garage A.G. – Zumikerstrasse 24 – Zollikon 8702 Switzerland.  Represented by Filippo Runcini, Director.

VAT: Switzerland CHE-206.670.275.  Italy: IT10943260967 +41.791714606

[email protected]