CAREFREE AG (hereinafter"CAREFREE") is a stock corporation registered in the commercial register of the canton of BaselLandschaft, which provides services in the ancillary vehicle industry and offers vehicle maintenance services, which are carried out by partner workshops.
These General Terms and Conditions (hereinafter„Terms and Conditions“) regulate the conclusion, content and execution of the legal relationships between CAREFREE and its customers with regard to the maintenance services (hereinafter"Services").
If individual agreements and the General Terms and Conditions contain different provisions, the provisions of the individual agreement take precedence over those of the General Terms and Conditions. However, if the provisions of the agreement are unclear or incomplete, the provisions of the General Terms and Conditions apply. The validity of any general terms and conditions of the Customers are hereby excluded.
By clicking the button"Complete"these terms and conditions are accepted and the contract is concluded as binding.
The following work is included in the services (final list):
a) Working hours for service according to the manufacturer's interval regulations (max. 3 hours per service);
b) Summer and winter check (max. 1x per calendar year);
c) Vehicle cleaning (exterior cleaning) after every service;
d) Paint and rust inspection (excl. repair);
e) Reporting insurance events to the insurer;
f) MFK visual inspection.
The following work and material services are excluded from the services and must be paid directly to the partner workshop according to their conditions:
a) Working time for service that exceeds 3 hours;
b) Cleaning the interior or cleaning up excessive dirt;
c) Spare parts/wearing parts;
d) Liquids;
e) Replacement vehicle;
f) Work or material services not explicitly listed in section 3.
The owner of the vehicle for which a maintenance package is purchased is entitled to receive the service (hereinafter "Beneficiary").
The services can be obtained from the partner workshops from the receipt of the payment by CAREFREE, provided that the workshop has the appropriate capacity. The duration depends on the agreed maintenance package.
The right to the services only applies to the vehicle defined in the contract. The services cannot be transferred to another vehicle, even if the other vehicle falls into the same package category as the contractually defined vehicle. However, the claim can be transferred to the new owner. If a change of vehicle owner occurs, this must be reported to CAREFREE within a reasonable period of time, at the latest before the next appointment is made at the partner workshop. A change of vehicle owner has no influence on the duration or content of the services. A Withdrawal from the contract due to the sale or loss of the vehicle is excluded.
The beneficiary is responsible for making an appointment with the partner workshops. The partner workshops and their contact details can be found on the CAREFREE homepage (https://www.carefree.ch/de) can be accessed. The appointment regulations of the respective partner workshop apply and no specific appointment availability is guaranteed.
In principle, all partner workshops listed on the CAREFREE homepage are available to the beneficiary. However, CAREFREE does not guarantee the availability of specific partner workshops. Accordingly, the beneficiary is not entitled to use the services of a specific partner workshop. If a partner workshop does not offer any services or cease operations, neither the trading partner nor the beneficiary will be entitled to withdrawal or compensation.
All prices are in Swiss francs (CHF) including VAT. The payment methods shown in the online shop are available to the customer. CAREFREE is free to adjust and restrict these at any time. If the customer is in default with payment CAREFREE is entitled to refuse any services until the claim has been paid in full. Furthermore, the statutory default provisions apply.
If the beneficiary is in arrears with payments for additional services to a partner workshop, the partner workshop has the right to refuse all services to the beneficiary until the payments have been cleared. The term is not extended.
CAREFREE has the right to terminate the contract prematurely for objectively justified reasons without affecting claims on its part or that of its partner workshops. An objective justification consists in particular of providing incorrect data or late payment to several partner workshops. If CAREFREE receives incorrect vehicle information, or customer data, CAREFREE is alternatively free to make a correction and adjust the claim accordingly. Compensation for damages remains reserved.
CAREFREE excludes, to the extent permitted by law, all liability for all types of damage suffered by the customer, the beneficiary, the trading partner, the partner workshop or third parties in connection with the services.
CAREFREE processes personal data exclusively to process the contract or services or to collect debts. CAREFREE observes the legal regulations applicable in Switzerland. Personal details and contact details, vehicle data, data about the purchase of services from CAREFREE or partner workshops are processed as well as payment details.
The above-mentioned data is exchanged via the CAREFREE portal exclusively between CAREFREE and the partner workshops and, in the case of debt collection, passed on to debt collection companies. Each of these parties only has access to the data that they need to process the service .
Unless otherwise agreed, correspondence by email will be treated as written.
CAREFREE is entitled to change these terms and conditions at any time. The version valid at the time of conclusion of the contract applies.
Only substantive Swiss law applies to all legal relationships in connection with offers, services and processing of services.
The place of jurisdiction for all disputes in connection with the Services is the registered office of CAREFREE. However, CAREFREE remains entitled to bring proceedings before any other competent court.
Partial or complete nullity or invalidity of one or more provisions of the agreement, including these General Terms and Conditions, does not affect the validity of the remaining provisions. Any provisions that are invalid or have become invalid must be replaced when the contract is applied by those that correspond to the provisions specified by the Invalid provisions come closest to the intended purpose. In the event of contradictions, the German text of the agreement and these General Terms and Conditions is decisive.
Muttenz, October 2023