Terms and Conditions

General Terms and Conditions (GTC) for Batticuore.ch

Status: 3.7.2024

1. Scope

These General Terms and Conditions (GTC) apply to all contracts for the rental of bicycles between the online platform (hereinafter "lessor") and the lessee. They also apply to the purchase of products via the online shop.

2. Rental

2.1 Definition

2.1.1. “Lender” refers to the online platform that offers the bicycles for rental.2.1.2. “Tenant” refers to the person who rents the bicycle.2.1.3. “Bicycle” refers to the rental object that is made available to the tenant by the landlord.2.1.4. “Subject of the contract” refers to the rental of the bicycle for the agreed rental period.2.1.5. “Customers” are the people who purchase a product online in the online shop.

2.2. Subject of the contract: rent

The lessor rents bicycles to the tenant for the agreed rental period. The rental period is at least 3 days and a maximum of 30 days.

2.3. Rental price and deposit

2.3.1. The rental price is calculated per day and is between CHF 40 and 105 per day (depending on the bike and rental period).2.3.2. The renter is obliged to pay a deposit of CHF 1000. This deposit will be refunded when the bike is returned in perfect condition.2.3.3. By taking out optional insurance for CHF 10 per day, the renter can reduce his liability to a deductible of CHF 1000 to CHF 200 per claim.

2.4. Booking and payment

2.4.1. Booking is made online through the lessor's platform.2.4.2. Payment of the rental price and the deposit is made in advance when booking. Payment can be made by credit card or other payment methods indicated on the platform.

2.5. Handover and return

2.5.1. The bicycle will be handed over at the agreed time and place. 62.5.2. The renter is obliged to return the bicycle in perfect condition at the agreed time and place. Otherwise, the lessor reserves the right to charge additional costs.

2.6. Use of the bicycle

2.6.1. The renter is obliged to use the bicycle carefully and in accordance with the applicable traffic regulations.2.6.2. The renter may not sublet the bicycle to third parties or otherwise hand it over.

2.7. Liability and insurance

2.7.1. The lessor is not liable for damage caused by improper use of the bicycle.2.7.2. The renter is liable for all damage caused to the bicycle during the rental period.2.7.3. By taking out optional insurance, the renter can reduce his liability to a deductible of CHF 200 per claim.2.7.4. The lessor is not liable for indirect damage, lost profits or other consequential damage

2.8. Cancellation

2.8.1 Cancellations are possible free of charge up to 72 hours before the start of the rental.2.8.2. In the event of later cancellation or failure to collect the bicycle, the full rental price will be charged.

2.9. Data protection

The landlord collects, stores and processes the tenant’s personal data only within the framework of the legal provisions and for the purpose of contract execution.

2.10. Obligations of the landlord

The lessor undertakes to check the bicycle for technical defects before each rental and to hand it over in a roadworthy condition.

2.11. Final provisions

2.11.1. Changes and additions to the contract must be made in writing.2.11.2. Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.2.11.3. Swiss law applies. The place of jurisdiction is the registered office of the lessor.

3. Right of return when purchasing in the online shop

3.1 Customers have the right to return the goods within 14 days of delivery of the goods. The right of return is exercised by returning the goods; no justification is required. The return must be sent to Batticuore KLG Gutstrasse 1278055 Zurich.3.2 Exercising the right of return leads to the conversion of the purchase contract into a reversal relationship, according to which the services received under the purchase contract must be refunded. The consumer bears the costs of the return.3.3 After receipt of the goods, any purchase price already paid will be refunded to the customer immediately.3.4 The right to deduct from the purchase price to be refunded or to issue an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs for the goods remains reserved. No deduction will be made if the loss in value is due to handling of the goods that is necessary to determine their type, quality and functionality. Batticuore.ch may refuse to refund until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.3.5 The right of return is not excluded for any of the existing products.

4. Prices and shipping costs

4.1 The prices stated on the product page are exclusive of VAT (Batticuore is not subject to VAT) and are in Swiss francs (CHF). 4.2 In addition to the prices stated, shipping costs may apply depending on the delivery address, quantity of goods and item. The exact shipping costs are shown to the customer during the ordering process. No further costs are incurred for deliveries within Switzerland.

5. Delivery conditions

5.1 Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.5.2 The standard delivery time is 3-4 days, unless otherwise stated in the offer.5.3 If not all of the ordered products are in stock, batticuore.ch is entitled to make partial deliveries. Partial deliveries do not incur any additional costs for the customer.5.4 If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded.

6. Terms of payment

6.1 Payment is made by credit card or other payment methods. 6.2 If the payment method is prepayment, the seller will provide their bank details in the order confirmation. The invoice amount must be transferred to the Batticuore.ch account within 5 days. The reserved products will then be released again. 6.3 If payment is made by credit card, the customer's account will be debited when the order is placed, unless otherwise agreed. 6.4 Set-off against counterclaims by the customer that are not recognized or not legally established is excluded. 6.5 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.

7. Retention of title

The goods remain the property of Batticuore.ch until full payment has been made. Before ownership is transferred, pledging, transfer of ownership as security, processing or modification is not permitted without the consent of Batticuore.ch .

8. Warranty

8.1 Batticuore.ch provides a guarantee by remedying defects. This is done at its discretion through subsequent performance, namely elimination of a defect (repair) or delivery of a defect-free item (replacement delivery). 8.2 If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. The customer is not entitled to a reduction in price.

9. Liability

Batticuore.ch excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.

10. Data protection

Batticuore.ch undertakes to comply with data protection regulations when processing customer data. Further information on how customer data is handled can be found in the separate Batticuore.ch data protection declaration. This can be viewed at any time on the Batticuore.ch website and via the following link [Link data protection declaration]

11. Final provisions

Should any provision of these general terms and conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision. These general terms and conditions shall come into force upon their publication on the landlord's website.