1. Scope of Application

The General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all inquiries, orders and contracts made or concluded via the online shop www.mybikeplan.ch of MyBikePlan AG, with registered office in Zurich (CHE-238.395.624) (hereinafter referred to as “MyBikePlan” or the “Online Shop”), or via a physical shop of MyBikePlan AG (hereinafter referred to as “Shop”, “Store” or “Showroom”).

MyBikePlan reserves the right to amend or adapt the GTC at any time. The version of the GTC valid at the time of the order is decisive. Any other general terms and conditions will not be accepted unless their applicability has been confirmed in writing by MyBikePlan.

In the event of a conflict between the provisions of these GTC and a binding individual order confirmation from MyBikePlan, the provisions of the order confirmation shall prevail.

2. Offer

The offer is intended for customers resident in Switzerland and Liechtenstein (hereinafter referred to as “Customer(s)” or “you”, “your”). Deliveries are made only to addresses in Switzerland and Liechtenstein.

The offer is valid for as long as it is visible in the Online Shop and/or while stocks last. Prices and product ranges are subject to change at any time. The purchase price stated in the purchase or financing agreement is decisive. MyBikePlan reserves the right to withdraw from the contract in the event that the goods are unavailable, there are obvious errors in the price information, or the Customer receives a negative credit assessment.

Images shown in advertising, brochures, the Online Shop, etc. are for illustrative purposes only and are non-binding. Specifications stated in the web shop depend on the manufacturer’s information; changes to or deviations from the published specifications are possible at any time and depend on the respective manufacturer. MyBikePlan accepts no liability for incorrectly published specifications.

3. Order

The presentation of products in the Online Shop and in MyBikePlan’s physical shops does not constitute a legally binding offer, but rather a non-binding online catalogue or a non-binding invitation to you to order the product and/or service from MyBikePlan.

An order constitutes an offer to MyBikePlan to enter into a contract.

MyBikePlan is free to reject or cancel orders in whole or in part without stating reasons. In this case, you will be informed and any payments already made will be refunded. Any further claims are excluded. Products that are temporarily unavailable cannot be reserved. Any stated availability is non-binding.

Receipt of the automatically generated order confirmation does not constitute a commitment that the product can actually be delivered. It merely informs you that the order you placed has been received by the Online Shop.

4. Conclusion of Contract

A purchase or financing agreement is concluded either by the signatures of both parties on the financing agreement or by payment for the ordered goods.

The order for the products will only be processed after (1) you have passed a credit check and received a financial approval from one of our Financing Partners (e.g. MF Group/Powerpay, Kornhausstrasse 25, CH-9001 St. Gallen (LINK), or CembraPay AG, Bändliweg 20, CH-8048 Zurich [https://cembrapay.ch/]) (hereinafter referred to as “Bank Partner” or “Financing Partner”); (2) you have validly signed a financing agreement of our respective Bank Partner (by physical or electronic signature) between you and MyBikePlan; and (3) MyBikePlan has sent you the financing agreement as a PDF by confirmation email.

Or you have already paid the full purchase price of the ordered goods online or in full by bank transfer.

Unless expressly agreed otherwise, the financing agreement is activated by MyBikePlan on the day the goods are delivered, which initiates the dispatch of the invoices for the instalment payments.

From receipt of the invoice, a payment period of 20 days applies for payment of the first monthly instalment, unless otherwise specified by the Financing Partner.

5. Price

Prices are stated in Swiss francs (CHF), including value added tax (VAT) and, where applicable, including the advance recycling fee (“vRG”). No additional fees are charged. The prices and monthly instalments published in MyBikePlan’s Online Shop or physical shops are non-binding. The price printed on the financing agreement or purchase agreement is decisive.

Discount codes are valid exclusively for a contract term of between 36 and 48 months. Discount codes cannot be combined.

MyBikePlan is free at any time to refuse the application of discount codes without stating reasons, in particular where the ordered goods are already offered at a reduced price.

6. Payment

Payments must be made in Swiss francs (CHF).

MyBikePlan offers payment by invoice and/or instalment payments through our Financing Partners. MyBikePlan may make this payment method conditional upon a positive credit assessment and other requirements determined at its own discretion (e.g. minimum age, place of residence, residence permit, etc.).

You acknowledge that a credit check must be carried out as part of the conclusion of the contract and that, for this purpose, personal data will be collected and forwarded to the Financing Partners commissioned to carry out the credit check. Further information can be found in our Privacy Policy [LINK]. On the websites of our Financing Partners, only the respective Financing Partner’s privacy provisions apply.

In the case of payment by invoice and/or instalment payments, MyBikePlan assigns the purchase price claim to our respective Financing Partner. Payment processing is carried out by one of our Financing Partners and the invoice is sent to the postal address or email address you provided when placing the order. The invoice amount must be paid directly to our respective Financing Partner within 20 calendar days from the invoice date. In the event of late payment, default interest and processing fees will be charged. The GTC of the respective Financing Partner apply. By signing the financing agreement, the Customer agrees to this assignment of the claim.

7. Delivery

The delivery address must be located in Switzerland or Liechtenstein and must be readily accessible for delivery by truck.

Home delivery generally includes delivery of the products to your address (doorstep delivery).

Home delivery is normally free of charge. If this is not the case, it will be shown separately on the invoice receipt.

If the delivery address is not readily accessible, any additional costs charged by the freight forwarder or another delivery partner will be invoiced to you.

Depending on the product, availability, delivery partner and agreement, delivery or handover may in particular be carried out by MyBikePlan, a freight forwarder, a manufacturer, another delivery partner, or via a physical MyBikePlan shop, store or showroom. Possible forms include, in particular, home delivery to the address provided by the Customer, direct delivery by a manufacturer or delivery partner, and delivery to a MyBikePlan Store followed by collection or handover to the Customer.

If you choose delivery to a MyBikePlan Store or collection or handover at a MyBikePlan Store, you will be informed as soon as the product is ready for collection or handover at the Store. You are obliged to arrange a collection or handover appointment within a reasonable period after this notification and to attend that appointment.

A product is deemed ready for delivery or collection as soon as MyBikePlan, a manufacturer, a freight forwarder, a Store or another delivery or service partner commissioned by MyBikePlan informs you that the product is ready for delivery, direct delivery, collection, handover, or for arranging a delivery, collection or handover appointment.

Notification that the product is ready for delivery or collection may be made in particular by email, telephone, SMS, WhatsApp, letter or via other contact channels specified by you or customary in business dealings. A notification by a freight forwarder, manufacturer, Store or other delivery or service partner commissioned by MyBikePlan is deemed to be a notification by MyBikePlan.

If products are delivered with obvious damage to the packaging or contents, you must, without prejudice to your warranty rights, complain about this immediately to the service provider (e.g. freight forwarder, postal service) and refuse acceptance. You are obliged to obtain a written confirmation of damage from the service provider (e.g. freight forwarder, postal service), in particular if you nevertheless accept the goods. Any transport and assembly damage must be noted on the freight forwarder’s delivery note. All transport and assembly damage must additionally be reported to MyBikePlan immediately via Customer Service.

If you do not accept the ordered products at the agreed delivery date, do not collect the ordered products at the agreed collection or handover date, fail to attend an agreed appointment, or prevent delivery, collection or handover for reasons for which MyBikePlan is not responsible, MyBikePlan may charge you for the resulting delivery costs, return transport costs, storage costs, standing charges, costs of freight forwarders, manufacturers, Stores, service or delivery partners, as well as internal administrative expenses, and reserves the right, after setting a reasonable grace period, to withdraw from the contract or cancel the order.

8. Delivery Date, Collection Date and Duties to Cooperate

The delivery periods stated by MyBikePlan are expected estimates based on manufacturer information and previous orders of the same product and are therefore non-binding.

The delivery period begins upon signature of the financing agreement and/or payment of any (down) payment.

The expected delivery date will be displayed in your personal tracking link as soon as the financing agreement has been signed and/or any (down) payment has been made.

In the event of partial or complete impossibility of delivery, the corresponding order will be cancelled, you will be informed and any payments already made will be refunded.

Any further claims arising from delivery delays or partial or complete failure of delivery are excluded to the extent permitted by law.

You are obliged to cooperate in connection with delivery, direct delivery, delivery notification, appointment scheduling, Store collection and handover of the ordered products. This includes, in particular, that you:

a. provide correct and up-to-date contact details, in particular your telephone number, email address and delivery address;

b. inform MyBikePlan immediately if your contact details, delivery address or availability change;

c. can be reached via the specified contact channels;

d. respond within a reasonable period to contact attempts by MyBikePlan, the freight forwarder, the manufacturer, the Store or another delivery or service partner;

e. cooperate in arranging a reasonable delivery, collection or handover appointment;

f. attend an agreed delivery, collection or handover appointment;

g. create the necessary conditions for delivery, collection or handover to be carried out;

h. accept or collect the ordered products at the agreed appointment.

These duties to cooperate apply regardless of whether the product is delivered to your address, delivered directly by a manufacturer or delivery partner, notified for delivery by a freight forwarder, or made available for collection or handover at a MyBikePlan Store.

If, despite the product being ready for delivery or collection, you do not respond to contact attempts, do not arrange a reasonable delivery, collection or handover appointment, do not attend an agreed appointment, refuse acceptance or collection, or prevent delivery, direct delivery, collection or handover for reasons for which MyBikePlan is not responsible, you will be in default with your duty to cooperate and/or in default of acceptance.

Default with the duty to cooperate and/or default of acceptance exists in particular if:

a. you do not respond to repeated contact attempts by MyBikePlan, the freight forwarder, the manufacturer, the Store or another delivery or service partner;

b. despite notification that the product is ready for delivery or collection, you do not arrange a delivery, collection or handover appointment;

c. you do not attend an agreed delivery, collection or handover appointment;

d. you refuse acceptance, collection or handover of the product;

e. delivery, collection or handover cannot be carried out because the contact or address details provided are incorrect, incomplete or not updated;

f. you prevent delivery, collection or handover for other reasons for which MyBikePlan is not responsible.

If you fail to respond after notification that the product is ready for delivery or collection, or if you do not enable delivery, direct delivery, collection or handover, MyBikePlan is entitled to remind you of your duty to cooperate via the known contact channels.

If you continue to remain inactive, MyBikePlan may set you a reasonable grace period to enable delivery, direct delivery, collection or handover, to arrange an appointment, or to accept or collect the ordered products.

The grace period may in particular be set by email. In addition, MyBikePlan may inform you by telephone, SMS, WhatsApp, letter or other contact channels. The grace period is deemed to have been set as soon as the notification has been sent to the email address most recently provided by you or to another contact channel provided by you.

If you allow the grace period to expire unused or continue to fail to enable delivery, direct delivery, collection or handover, MyBikePlan is entitled to withdraw from the contract, cancel the order, use or resell the product elsewhere, and claim the fees and costs provided for in these GTC.

In the event of partial or complete impossibility of delivery that was not caused by a failure of the Customer to cooperate, the corresponding order will be cancelled. You will be informed and any payments already made will be refunded.

Any further claims arising from delivery delays or partial or complete failure of delivery are excluded to the extent permitted by law.

9. Withdrawal, Cancellation and Termination of Contract

MyBikePlan has the right, if there is a negative ZEK entry with the Central Office for Credit Information or a negative credit assessment, to revoke or withdraw from the contract between you and MyBikePlan at any time before the goods are handed over.

If the financing agreement is subject to the Swiss Consumer Credit Act (CCA/KKG), you have the right to withdraw in writing from the financing agreement with our Financing Partner within 14 calendar days of receiving the copy of the agreement, without cost and without stating reasons, but no later than within 90 calendar days (subject to costs) (“Withdrawal Period”). The Withdrawal Period begins as soon as the financing agreement has been signed by you and MyBikePlan. The deadline is met if you hand the notice of withdrawal to the postal service by registered mail on the final day of the applicable Withdrawal Period.

If you withdraw from the financing agreement after expiry of the 14-day Withdrawal Period, a fee of CHF 250 becomes due. If you withdraw from it between 30 and 60 days after signature, a fee of CHF 250 plus 5% of the purchase price of the product becomes due. If you withdraw from it between 60 and 90 days after signature, a fee of CHF 250 plus 10% of the purchase price of the product becomes due.

These cancellation fees apply correspondingly if MyBikePlan terminates the order or contract due to failure to cooperate, lack of availability, failure to arrange an appointment, refusal to accept, failure to collect, failure to attend an agreed appointment, or another impossibility or delay of delivery, direct delivery, collection or handover caused by the Customer.

The cancellation fees apply in particular in the following cases:

a. you do not respond despite the product being ready for delivery or collection and despite a request or grace period;

b. despite being requested to do so, you do not arrange a reasonable delivery, collection or handover appointment;

c. you do not attend an agreed delivery, collection or handover appointment;

d. you refuse acceptance, collection or handover of the product;

e. you prevent delivery, direct delivery, collection or handover for reasons for which MyBikePlan is not responsible;

f. MyBikePlan withdraws from the contract or cancels the order due to failure to cooperate, lack of availability, default of acceptance or default with the duty to cooperate.

In these cases, the Customer owes the same cancellation fees that apply to a chargeable cancellation or a chargeable cancellation by the Customer. The relevant period is calculated from signature of the financing agreement or conclusion of the purchase agreement.

Actually incurred third-party, delivery, storage, return transport, standing, service and administrative costs arising from failure to cooperate, delayed response, failure to arrange an appointment, failure to collect, refusal of acceptance, failure to attend, or any other delay caused by the Customer may be claimed in addition.

The return of the product is governed correspondingly by Clause 10 of these GTC. Any signs of wear or use will be invoiced in advance by MyBikePlan. Only once this invoice has been paid by you is the financing agreement with the respective Bank Partner validly terminated.

If MyBikePlan determines after the return that false statements were previously made regarding the condition of the product, MyBikePlan reserves the right to refuse the return and invoice you for the product in full.

In both cases, withdrawal from or cancellation of the financing agreement requires payment of the full purchase price or the immediate return of the products to MyBikePlan. The costs of the return are borne by you in full.

10. Right of Return

A return is possible within 7 days after delivery of the product. If the purchase was made through financing, Clause 9 of our GTC, “Withdrawal from the Financing Agreement”, must additionally be taken into account.

If you have already received the product, you must return it in its original packaging, undamaged, clean and complete (including any accessories).

The requested return must be registered with MyBikePlan via Customer Service on the website so that the reversal of the purchase agreement and collection of the goods by MyBikePlan can be organised.

The return transport fee (approx. CHF 100) will be invoiced to you.

No transport fees are charged for returns made at a MyBikePlan Store.

If you return the product in its original packaging, undamaged, clean, complete and including any accessories and proof of purchase, payments already made will be refunded to you after deduction of any services already provided and necessary fees. If the product has been used (in particular, if more than 2 km have been ridden with the product), an individual assessment will be carried out and any refund will be made after deducting any signs of wear or use. Shipping costs are not refunded.

For used products, the following applies:

• more than 2 km ridden: fee of 0.6% of the purchase price for each additional km;

• cosmetic defects: fee of 10% of the purchase price;

• functional defects: repair and administrative costs will be charged;

• if dirty: fee of 4% of the purchase price

For a special/direct order of a model that MyBikePlan does not officially carry in its range, an exchange or return is generally excluded.

The provisions regarding the right of return do not constitute a limitation of MyBikePlan’s rights in the event of failure to cooperate, lack of availability, default of acceptance, default with the duty to cooperate, failure to collect, refusal of acceptance or failure by the Customer to attend. In these cases, the provisions of these GTC regarding delivery, delivery date, collection date, duties to cooperate, cancellation and termination of contract apply.

11. Flexible Right of Exchange

A flexible exchange is possible within 7 days of receipt of the product.

An exchange is possible for any product offered by MyBikePlan on the website, provided that the product has the same or a higher price.

If the product to be exchanged has already been ridden for more than 2 kilometres in total or shows other signs of use, the return fees set out in Clause 10 apply.

Any price difference and any applicable fees must be paid in advance before MyBikePlan organises the exchange of the products.

CHF 100 will be invoiced to you for return transport of a product that has already been delivered.

12. Warranty

To the extent that the manufacturer grants a warranty (e.g. a 2-year manufacturer’s warranty), this is passed on to the Customer. It covers manufacturing defects existing at the time of delivery as well as any production-related material defects and associated defects within the first 2 years from the date of purchase.

The following are not covered: normal wear and tear, improper handling, external influences, damage due to inadequate maintenance, or intervention by third parties.

MyBikePlan may fulfil the statutory warranty, at its option, by repair, equivalent replacement, price reduction, or reimbursement of the purchase price (rescission). Further claims are excluded; in particular, repair by a third party that is not an authorised MyBikePlan service partner is expressly excluded unless MyBikePlan has given prior written consent.

13. Notice of Defects

If products are delivered with obvious damage to the packaging or contents, the Customer must complain about this immediately to the service provider (e.g. freight forwarder, postal service) and refuse acceptance. The Customer is obliged to obtain a written confirmation of damage from the service provider (e.g. freight forwarder, postal service). All transport damage must additionally be reported to MyBikePlan immediately via Customer Service.

Externally visible defects must be noted immediately on the delivery note in the presence of the freight forwarder.

A defective product must be reported to MyBikePlan immediately, but no later than within 5 calendar days after discovery. If the defect results in a return, the costs of the return will be borne by MyBikePlan.

Data Protection

MyBikePlan points out that data collected in connection with the conclusion of the contract is collected, processed and used to fulfil the obligations under the purchase agreement. Data necessary for the provision of services and fulfilment of the contract may also be forwarded to commissioned service partners (e.g. CRIF, logistics companies, service partners, Bank Partners, debt collection companies, insurance partners). By agreeing to these GTC, you consent to this use of data.

MyBikePlan may pass on data required for delivery, direct delivery, Store collection, handover, appointment scheduling, delivery notification, handling delivery problems and enforcement of contractual claims to manufacturers, freight forwarders, logistics companies, Stores, service partners, delivery partners, Bank Partners, debt collection companies and other service providers engaged for the fulfilment of the contract. This includes in particular name, address, telephone number, email address, order information, delivery status, collection status and information regarding contact or delivery attempts.

Intellectual Property

Applicable Law and Jurisdiction

The legal relationship between MyBikePlan and the Customer is governed by substantive Swiss law, excluding conflict-of-law rules as well as the Vienna Convention and the UN Convention on Contracts for the International Sale of Goods.

For actions by or against consumers, the statutory place of jurisdiction at the consumer’s place of residence or at MyBikePlan’s registered office applies. If the Customer is not a consumer (business customer/B2B), Zurich is the exclusive place of jurisdiction.

Final Provision

If individual provisions of these GTC are or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The corresponding statutory provision shall replace the invalid provision.

In the event of any discrepancy, only the German version shall prevail.