General Terms and Conditions of Schöni Cars AG

All our prices include 8.1% VAT, subject to typing and typing errors. The crossed-out price corresponds to the standard Swiss list price. It may happen that certain imported vehicles differ from the vehicle offered in Switzerland. In this case, the price is corrected by the amount of the identified differences in equipment. The reduced price includes all deductions and VAT (corresponding conditions and offers available on our website). The photos of the products are not part of the contract. The product and company names, including their representation in logos, are registered trademarks of their respective owners. The factory warranty of directly imported vehicles may be shorter than the warranty offered by authorised domestic dealers. Please contact Schöni Cars AG for further information. 

1. new car

1.1 Characteristics of the vehicle
Internet information: The actual equipment may differ from the published equipment and model, no guarantee is given. Measured values and data are merely approximate values. Directly imported vehicles may differ from vehicles imported by the Swiss general importer in terms of equipment, model designation, engine and manufacturer's warranty and performance. Buyers should inform themselves about the content.

1.2 Retention of title

The purchased vehicle remains the property of Schöni Cars AG until the purchase price, including any default interest and costs, has been paid in full. The latter is authorised to have a reservation of title to the vehicle and its accessories entered in the reservation of title register in accordance with Art. 715 of the Swiss Civil Code.

1.3 Trade-in vehicle

The buyer is obliged to continue to maintain and care for the trade-in vehicle until it is handed over to the seller and to preserve its value, otherwise the seller is entitled to demand a lower purchase price than agreed. In the event of a dispute regarding the price reduction for the trade-in vehicle, an expert opinion from TCS shall decide on this, the costs of which shall be borne equally by the parties.

1.4 Warranty for new vehicles

In accordance with the conditions/agreements on the 1st page of the contract. If a manufacturer's warranty has been agreed, the warranty start date for new vehicles or vehicles with an ongoing manufacturer's warranty is not the date on which the vehicle was first put into circulation, but the warranty start date in the manufacturer's system or the contractually agreed warranty start date. Schöni Cars AG accepts no liability for the enforcement of warranty claims against the manufacturer or its contractual partner. It is possible that manufacturers or their contractual partners may hinder or reject warranty claims.

1.5 Consequences of default

a) Default by Schöni Cars AG
A delay in the delivery of the purchased vehicle by Schöni Cars AG does not entitle the buyer to cancel the present purchase contract or to claim damages of any kind, e.g. loss of earnings, expenses, replacement car, hotel, taxi, etc. are excluded. If the seller is in default, the buyer may set the seller a grace period of at least 60 working days for fulfilment by registered letter. If the seller does not fulfil the contract within this period, the buyer may withdraw from the contract by registered letter.

b) Default by the buyer
If the buyer is in default with the acceptance of the purchased vehicle or payment of the purchase price after a written reminder has been sent and the deadline set therein has expired, Schöni Cars AG shall have the option of either insisting on fulfilment and demanding compensation or waiving subsequent performance and demanding 20% of the price for the purchased vehicle as a contractual penalty, whereby the right to claim further damages remains reserved.

1.6 Parallel import vehicle

Parallel import refers to the mostly commercial import of goods produced abroad via a distribution channel that has not been authorised by the manufacturer. The manufacturer's domestic distribution network is deliberately bypassed because the goods can be purchased more cheaply abroad due to the manufacturer's pricing policy or tax differences. Imported vehicles with daily registration do not match the Swiss version; the service booklet and operating instructions are delivered in the language of the country of origin and/or parallel importing country.

1.7 Place of fulfilment, place of jurisdiction and applicable law

The place of fulfilment for all obligations arising from this purchase contract is the registered office of Schöni Cars AG. The parties agree that the place of jurisdiction for any disputes arising from this contract shall be Aarwangen in the Canton of Bern, subject to any deviating provisions of the Swiss Code of Civil Procedure. Swiss law shall apply exclusively.

2. annual cars and used cars

2.1 Characteristics of the vehicle

Internet information: The actual equipment may differ from the published equipment and model, no guarantee is given. Measured values and data are to be understood as mere approximate values. Directly imported vehicles may differ from vehicles imported by the Swiss general importer in terms of equipment, motorisation, manufacturer's warranty and performance. Buyers should inform themselves about the content.

2.2 Retention of title

The purchased vehicle remains the property of Schöni Cars AG until the purchase price, including any default interest and costs, has been paid in full. The latter is authorised to have a reservation of title to the vehicle and its accessories entered in the reservation of title register in accordance with Art. 715 of the Swiss Civil Code.

2.3 Automobile inspection

If necessary and requested by the buyer, the purchased vehicle will be demonstrated at the cantonal vehicle inspection centre at the buyer's expense; the demonstration costs will be charged separately.

2.4 Warranty for used vehicles

After expiry of the manufacturer's warranty, the vehicles of Schöni Cars AG are deemed to be vehicles ex works and without warranty. Any warranty, as far as legally possible, is excluded. In particular, conversions and reductions are excluded. 

2.4 Consequences of default

a) Default by Schöni Cars AG
A delay in the delivery of the purchased vehicle by Schöni Cars AG does not entitle the buyer to cancel the present purchase contract or to any claims for damages, such as loss of earnings, expenses, replacement car, hotel, taxi, etc., are excluded. If the seller is in default, the buyer may set the seller a grace period of at least 30 working days for fulfilment by registered letter. If the seller does not fulfil the contract within this period, the buyer may withdraw from the contract by registered letter.

b) Default by the buyer
If the buyer is in default with the acceptance of the purchased vehicle or payment of the purchase price after a written reminder has been sent and the deadline set therein has expired, Schöni Cars AG shall have the option of either insisting on fulfilment and demanding compensation or waiving subsequent performance and demanding 20% of the price for the purchased vehicle as a contractual penalty, whereby the right to claim further damages remains reserved.

2.5 Right of return (used cars with a purchase price of less than CHF 10,000 and all new cars excluded)

The seller grants the buyer a right of return (only applies to delivered vehicles) of 8 calendar days (date of postmark) from the date of the delivery note with a compensation of 3% on the purchase price at the expense of the buyer. Any down payment will not be refunded to the buyer. Additional work and/or financing costs as well as the delivery fee will not be refunded. The intention to return the vehicle must be sent to the seller by registered letter and the vehicle must be returned immediately. If the deadline expires, the right of return is cancelled and no further claims arise.

2.6 Contract amendments or corrections are only valid in writing.

2.7 Defence clause

These General Terms and Conditions of Schöni Cars AG shall apply exclusively. Any deviating or additional terms and conditions of the Buyer shall not apply unless they have been expressly recognised in writing by Schöni Cars AG.