Terms and Conditions for All Orders
1. Provider and contractual partners
Your contractual partner for all orders placed on our website is:
Carbon Performance Design
Scheideggstrasse 59
8002 Zürich
Switzerland
Е-Mail: shop@carbon-design.ch
Web: https://carbon-design.ch
Tel.: +41 78 447 12 36
Scope and purpose of the agreement
1.1. The following Terms and Conditions apply to all purchases of goods made by the end customer (“you”) through the online store http://carbon-design.ch.
1.2. These Terms and Conditions exclusively govern the contractual relationship between you and us. Any conflicting terms and conditions shall not become part of this contract, even if we do not expressly object to their inclusion.
1.3. These Terms and Conditions are available at any time at the following address http://carbon-design.ch/agband may be printed or downloaded.
2. Conclusion of the Contract
2.1. Der Abschluss eines Vertrages über den Kauf eines Produktes vollzieht sich wie folgt:
2.1.1. To begin the ordering process, you must first add the desired item to your shopping cart by clicking the corresponding button.
2.1.2. Before the order containing the items in your shopping cart is finally submitted, the entire contents of the order will be displayed once more during the “Checkout” process. We store your orders after the contract is concluded; however, you will no longer be able to access them once the ordering process is complete. Therefore, please review your order carefully before clicking the “Place Order” button.
2.1.3. For payment methods that do not require immediate payment on your part (American Express, Diners Club, Discover Card, Maestro, Mastercard, VISA), you submit a binding offer to enter into a purchase agreement by clicking the “Place Order” button in the shopping cart view. Listing products in the online store does not constitute a binding offer to enter into a contract. We will confirm receipt of your order via email. The automatic confirmation of your payment does not constitute acceptance of your offer. Until you receive our manually sent confirmation email, we reserve the right to reject orders without providing a reason.
2.1.4. You can save or print your order details immediately after submitting your order. If you would like to review your order documents again, please contact us by email or phone. We will be happy to send you a copy of your order details.
2.1.5. Changes to an order may be made as long as production has not yet begun. Once production begins, both the right to make changes and any right of withdrawal expire.
2.1.6. Please note that, to ensure secure payment, we may request the necessary identification documents, information about your bank account or credit card, and verification of the shipping address. This is done solely for your security; the data is transmitted via a secure connection and is not shared with third parties. In this case, the processing time for an order may be extended. If the requested information is not provided, the order will be canceled and the costs will be refunded to the same payment method you selected when placing your order. In such a case, the goods will not be shipped and your order will be considered rejected.
3. Delivery Times and Reservation of the Right to Supply
3.1. All products are custom-made upon order. The delivery times listed under each product are approximate.
3.2. Delivery will be made to the shipping address you provided during checkout or, if you selected that option, the product will be made available for installation at the manufacturer’s facility.
3.3. If you choose the option for installation by the manufacturer, an installation contract will be entered into directly between you and the manufacturer’s workshop at a later date. In this case, the delivery date is the date on which the product is made available to the workshop for installation. Installation costs are not included in the product price and will be billed separately by the workshop.
3.4. Our obligation to deliver is subject to timely and proper delivery to us by the manufacturer, unless we are responsible for the failure to deliver. In the event of a failure to deliver, we will notify you immediately and promptly refund any payments already made.
4. Prices, Invoice, and Shipping costs
4.1. All product prices listed in the online store are in Swiss francs (CHF) plus value-added tax (VAT) or import sales tax, as indicated at checkout after the delivery address is entered; that is, 8.1% for deliveries within Switzerland and 19% for deliveries to the Federal Republic of Germany.
4.2. The price of the goods is valid at the time of the order and is listed in the confirmation email you receive after placing your order.
4.3. You agree to receive invoices exclusively in electronic form.
4.4. Shipping costs are calculated after the delivery address is entered and added to the subtotal.
4.5. Deliveries outside Switzerland and the Federal Republic of Germany are only possible by prior arrangement, and shipping costs must be confirmed on a case-by-case basis before an order is placed.
5. Transfer of Risk and Transportation Risk for Business Customers
5.1. For business customers, the risk of accidental loss or accidental deterioration of the product passes to you upon shipment of the item, either when the item is handed over to the carrier or when the goods have left our warehouse for shipment. The earlier of these two events shall apply.
5.2. If you choose the option for installation by the manufacturer, the risk of accidental loss or accidental deterioration passes to you at the time the manufacturer makes the product available.
6. Warranty
6.1. Unless otherwise specified below, your rights in the event of material defects or defects of title are governed by the applicable statutory provisions.
6.2. With respect to consumers, warranty claims expire two years after delivery of the goods. With respect to businesses, warranty claims expire one year after the transfer of risk.
6.3. In the event of a warranty claim, you are entitled, at your discretion, to assert a right to have the defect remedied or to receive goods free of defects (subsequent performance). If the chosen method of subsequent performance involves disproportionately high costs, the claim is limited to the remaining method of subsequent performance. We will notify you of this if necessary.
6.4. Under the statutory warranty for material defects, proven installation and removal costs will be reimbursed in recognized warranty cases.
6.5. For the sake of clarity, we would like to point out that the following circumstances do not constitute a material defect if they are the cause of the problem: Natural wear and tear, improper use, lack of or incorrect care of the goods, unsuitable or improper use, faulty assembly—especially if the ordered part is clearly not the correct one—failure to follow instructions for use, as well as any other improper handling.
7. Checking the fit
Please note that, despite our best efforts, incorrect deliveries may occur in some cases. You are therefore required to visually inspect the product before installation by comparing it with the original part being replaced to ensure that the ordered part is indeed the correct fit for your vehicle (e.g., matching drill holes and connections). If the purchased part visibly differs from the original part being replaced in terms of dimensions, shape, or material, please contact us first for further clarification before installing, modifying, or altering (e.g., painting) the purchased part. This provision does not affect your warranty claims.
8. Prohibition on Assignment and Pledging
Claims or rights against us may not be assigned or pledged without our consent, unless you have demonstrated a legitimate interest in the assignment or pledge.
9. Seller’s Liability for Damages
9.1. Wir haften für Vorsatz und grobe Fahrlässigkeit sowie bei Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit unbeschränkt.
9.2. In cases of slight negligence, we shall be liable for breaches of material contractual obligations. For the purposes of this section, a material contractual obligation is an obligation whose fulfillment is essential to the performance of the contract and on whose fulfillment the other party may therefore reasonably rely.
9.3. In the case described in Section 2, we shall not be liable for lack of commercial success, lost profits, or consequential damages.
9.4. Liability under Section 2 above is limited to typical and foreseeable damages at the time the contract was concluded.
9.5. The limitations of liability shall apply mutatis mutandis to our employees, agents, and vicarious agents.
9.6. Any liability arising from warranties provided by us and from claims under the Product Liability Act remains unaffected.
9.7. In all other respects, we shall not be liable.
10. Final Provisions
10.1. Swiss law applies to all orders, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive venue for all disputes arising out of or in connection with an order is Zurich. Mandatory consumer protection provisions of the country in which a consumer has his or her habitual residence remain unaffected.
10.2. The invalidity of any individual provision shall not affect the validity of the remaining provisions.
10.3. Personal data will be treated confidentially and used only for the purpose of processing the order and for legal purposes. Further details can be found in the Privacy Policy.
10.4. The language of the contract is German.