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General Terms and Conditions (GTC) for TECTUM Group GmbH – Car Sales in Switzerland

These GTC apply to all contracts for the purchase of vehicles via the website tectum.group, which is linked to autoscout24.ch. They are based on the Swiss Code of Obligations (OR) and other relevant provisions. The GTC form an integral part of the purchase contract. By confirming the order, you accept these conditions.

Scope of Application

These GTC regulate the sale of new and used cars to consumers and companies in Switzerland. They apply to online orders and reservations. Insofar as the website is linked to autoscout24.ch, the GTC of autoscout24.ch apply additionally for the use of the platform. Deviating conditions of the buyer will not be recognized unless agreed in writing. The website fulfills the imprint obligation pursuant to Art. 3 UWG (Unfair Competition) by providing the company name, address, UID, and contact details. Electronic contracts (e.g., via e-signature) are subject to the Federal Act on Electronic Signatures (ZertES).

Contracting Parties

The contracting party is TECTUM Group GmbH, Schiffländestrasse 22, 8272 Ermatingen, Switzerland. UID: CHE-232.181.728. Contact: info@tectum.group, +41716644991. The buyer is the person or company placing the vehicle order.

Conclusion of Contract

  • The contract is concluded when the buyer submits a binding order and the seller confirms it (e.g., by email).
  • Vehicle descriptions on the website are non-binding and do not constitute binding offers.
  • In the case of linkage with autoscout.ch, the conclusion of the contract via this platform applies additionally.
  • We voluntarily offer a right of withdrawal of 14 days without stating reasons for distance contracts over CHF 100.
  • Withdrawal by email to info@tectum.group. The buyer bears the return shipping costs.
  • This right of withdrawal is voluntary and not legally required.

Prices and Payment Terms

  • All prices are in CHF including VAT (currently 8.1%) and are ex works/warehouse, excluding transport costs, registration fees, and other charges.
  • Payment is made by advance payment, credit card, or invoice (subject to credit check, which involves personal data and is carried out in compliance with data protection).
  • Payment term for invoices is 30 days.
  • Until full payment, the vehicle remains the property of the seller (retention of title, Art. 715 ZGB).
  • Price changes due to currency fluctuations or tax adjustments are possible but will be communicated before conclusion of the contract.

Delivery and Handover

  • The delivery period is non-binding and is usually 4-6 weeks.
  • Delays due to force majeure (e.g., pandemics, strikes, natural disasters, or supplier issues) release the seller from claims for damages.
  • Handover takes place at the seller’s premises or by transport (costs borne by the buyer; transport insurance is recommended and can be optionally agreed).
  • Risk transfer upon handover (Art. 185 OR).
  • Upon collection, the buyer checks the vehicle for defects.

Warranty and Liability

  • For new cars, the statutory warranty of 2 years from handover applies (Art. 210 OR) as well as the manufacturer’s warranty of 2 years.
  • For used cars, the statutory warranty of 1 year from handover applies (Art. 197 ff. OR), unless expressly excluded.
  • For used cars, we exclude warranty for known defects insofar as legally permissible (e.g., in “as is” purchases), but not for defects fraudulently concealed (Art. 199 OR).
  • The buyer must report defects within 2 months of discovery (Art. 201 OR).
  • Liability for slight negligence is excluded (Art. 100 OR).
  • No liability for consequential damages, lost profits, or data loss.
  • In case of defects, the buyer is entitled to rectification, price reduction, or rescission, not to damages, unless in cases of intent or gross negligence.

Data Protection

We process personal data in accordance with the revised Swiss Federal Act on Data Protection (revFADP, in force since 1.9.2023). The controller is TECTUM Group GmbH, Schiffländestrasse 22 in 8272 Ermatingen. The legal basis is the contract (Art. 31 revFADP), consent, or legitimate interest. Data is used for contract processing, marketing (only with opt-in), analysis, and credit checks; storage period is a maximum of 10 years or until revocation. In the case of linkage with autoscout.ch, their data protection provisions apply additionally. No international transfer without adequate protection. The buyer can request information, correction, deletion, objection, or complaint to the FDPIC at any time. Profiling is not automated. Details in our separate data protection declaration on the website. No disclosure to third parties without consent, except as required by law.

Miscellaneous

  • Changes to these GTC will be published on the website and apply to new contracts.
  • Severability clause: If a provision is invalid, the remainder remains valid.
  • Applicable law: Swiss law (OR, ZGB), exclusion of the UN Sales Convention.
  • Place of jurisdiction: Kreuzlingen, Switzerland.
  • Dispute resolution: We recommend the Ombudsman for the Automotive Industry or consumer conciliation; for EU customers, we refer to the EU Online Dispute Resolution platform.