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Terms and Conditions of Sale

Products and services (the ‘Products and Services’) are supplied by us subject to the following terms and conditions and it is important that you read these before contracting with us so that you understand your rights and obligations. 

1. Contracting Party

By making a booking (‘Booking”) you will be entering into a legally binding contract with Wheel X Change Sàrl whose registered office address is Chemin De Boheme 1, Allaman, 1165, Switzerland(‘WheelXchange’ ‘We’ ‘Us’, ‘Our’) for the supply the Products and Services.

2. How to Contact Us

a) e-mail at contact@wheelxchange.ch

b) write to us at our head office: Wheel X Change Sàrl, Chemin De Boheme 1, Allaman, 1165, Switzerland.

3. Booking Acceptance (Online Ordering)

a) Acceptance of your Booking will take place when We e-mail you a confirmation, at which point a contract will come into existence between you and Us.

b) If We are unable to accept your Booking, We will inform you of this in writing and will not charge you for the Products or Services. This might be because the Product you have ordered is out of stock or because of unexpected limits on Our resources. 

c) We retain the right to refuse to accept your Booking solely at Our discretion. If there is concern that there is an attempt to make a Booking dishonestly, fraudulently, by impersonating someone else or by attempting to use payment details which have been stolen, We will make additional checks and if appropriate involve external authorities.

4. Mobile Wheel Change Service

a) If you have booked for a seasonal wheel change, on the day of your booking, Our mobile technician will text you in advance to remind you of your booking.

Fitting appointments offered by mobile units are restricted to morning or afternoon time slots:

i. mornings (08:30 – 13:00);
ii. afternoons (14:00 – 17:30);
We normally expect that our Technician will take 45 minutes to an hour to complete your tyre change.

We will do Our best to ensure that Our mobile unit arrives with you during the agreed time period and to complete the work within the estimated time given to you, however, We cannot guarantee the time of the booking. We will inform you as soon as reasonably practicable of any delays or complications.

b) The fitting of tyres or wheels to your vehicle will be subject to a visual inspection of your vehicle, wheels and tyres prior to the work starting. This is necessary to ensure that we always leave your vehicle safe on completion of the change.

5. Mobile Services – Access to Your Vehicle

a) Your vehicle must be present at the address listed and at the time specified within the Booking, and you must provide us with the keys to your vehicle and your locking wheel nut key (if fitted). If you intend to leave your keys with a neighbour or 3rd party, please make sure that you identify this when making your booking.

b) You must provide Us with free and prompt access to your vehicle to enable Us to deliver the Products and carry out the Services.

c) To enable us to change your tyres, we need to be able to get our van to within 10m of your vehicle. Our vans are over 7.30m long and 2.90m high, so please contact us before making a booking if you are concerned that we may not be able to get our van close to your vehicle.

d) In order to safely carry out the tyre change we require a minimum of 600mm access on all sides of your Vehicle. In addition, your Vehicle must be on firm level ground (suitable to allow us to lift your vehicle)

6. Movement of Online Bookings

Appointments can be rescheduled to an alternative date (subject to availability) up to 3 days before your appointment. If you fail to change an appointment and your Vehicle is not available, a rebooking fee of 80chf will be applied.

7. Supply and Service Performance Dates

Any dates for supply of the Products and/or performance of the Services are estimates and whilst We will always try to meet those dates We will not be liable for any minor delays or failures. In particular, We will not be liable for any delays caused by circumstances beyond Our reasonable control, including but not limited to, adverse weather conditions, staff illness or a general market shortage of particular Products.

8. Locale

a) Website purchases of Products and Services may only be made by residents of, and/or individuals, located in Switzerland.

b) At present, we are able to provide services to an limited geographical area in the La Cote area between Nyon and Morges. This is highlighted on our booking page. If you are outside this area and would like to use our mobile tyre change service, please E mail us at contact@wheelxchange.ch and we may be able to create a special booking for you.

9. Products

a) Products may vary slightly from their online pictures. The images of the Products on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, your Product may vary slightly from those images.

b) Customers ordering tyres online for fitment by one of Our mobile units, should verify the tyre size and specification currently fitted to their vehicle before placing their order for tyres with Us. If incorrect tyres are ordered by you, We will assist you in sourcing the correct tyres and re-schedule the fitting appointment. Any cost of restocking the incorrect tyres will be the liability of the Customer. 

10. Specification of Products and Services

a) All Products supplied will correspond with any specification provided by Us and be of satisfactory quality and fit for purpose. We may, after the date of the contract, make reasonable changes to the specification of any Products or Services where that is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Products or Services in question or otherwise place you at any disadvantage.

b) All Services will be performed by Us using all reasonable skill, care and diligence. 

11. Price

a) The price of the Products and/or Services is inclusive of tax and will be the price in Swiss Francsstated on your Booking. Unless explicitly stated, the cost of fitting any Products purchased is included in the price.

b) Our website contains a large number of Products and Services and it is always possible that, despite Our best efforts, some of the Products and/or Services listed on this website are incorrectly priced. We verify the prices included in your Booking to Us as part of Our processing procedures so that, where Products and/or Services are incorrectly priced We may, at Our discretion, either contact you for your instructions in relation to your Booking or reject your Booking and notify you of such rejection.

c) We reserve the right, before the relevant contract is formed in accordance with these terms and conditions, to change the price of the Products and Services.

d) We shall be entitled to adjust the price payable by you to reflect any changes which are made to the rate of VAT between the point of Booking and the completion of the work.

12. Quotations

a) All quotations are valid for 7 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. The expiry date of promotional offers will be clearly marked.

b) Once Services have started you will be informed of any additional work identified. A new quotation will be produced on request and additional work will only be carried out with your agreement.

13. Payment

a) For Products and Services ordered using Our website, payment will be taken when you place anBooking.

b) For minor works carried out as part of a Vehicle Health Check, these will be invoiced following the completion of the works, with payment due 14 days after the date of the invoice.

c) For more major works identified during the Vehicle Health Check or seasonal wheel change, for example replacement batteries or tyres, we will provide you with a quotation and where appropriate different quality options. If you accept our quotation, we will then invoice and carry out the works at a time that is convenient to you.

14. Ownership of Products

All Products supplied remain Our property until paid for by you in full although this retention of ownership will not affect any claim which We may have against you for the payment of any overdue amount.

15. Removal of Parts

With the exception of warranty and service exchange parts, removed parts will be disposed by Us. Disposal will be in accordance with current environmental regulations and legislative requirements. A fee may be charged for this service.

16. Removal of Wheels

Whilst it is uncommon, we have occasionally encountered customers wheel nuts that have been either over tightened, cross threaded or burred by the Customers previous garage. In addition, over time the wheel nuts will naturally degrade.

Our Technicians always inspect the wheel nuts as we remove them from your Vehicle, and if they are in sub standard condition, we will provide a quotation for their replacement.

If we are unable to remove a wheel nut, or if we identify a cross threaded nut, we will discuss the options and costs with you.

17. Suspension of Work

If We suspend or delay the supply of any Products and/or the performance of any Services at your request or as a direct result of any breach by you of your obligations under this contract (for example, in the case of a mobile service, where you have failed to provide the correct address details, or you are not present at the address listed and at the time specified within the Booking) then in addition to the original price payable by you, We reserve the right to charge you a reasonable additional amount to cover any unavoidable, or irrecoverable costs and/or expenses incurred by Us as a direct result of its suspension or delay in those circumstances.

18. Liability for Damage to Products

Once any Products have been supplied you will become liable for any loss or damage to those Products unless such loss or damage was caused by Us.

19. Liability for Structural Defects

We will not be liable for any damage to your vehicle which is caused as a direct result of structural defects or weaknesses unless that damage is caused as a direct result of a breach of Our obligations in this contract. 

20. Our Responsibilities to You

a) If We breach any of Our obligations owed to you then We accept responsibility for any loss or damage which you may suffer as a direct result of Our breach and which was reasonably foreseeable on the date of the Booking, up to a maximum cost of the value of the services provided under the booking.

b) We do not though accept any responsibility for loss or damage which is not caused as a direct result of a breach by Us of Our obligations (including liability for any loss of earnings) or which was not reasonably foreseeable on the date of the Booking.

c) We do not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under this contract and/or due to circumstances beyond Our reasonable control.

21. Complaints

We are under a legal duty to supply Products and Services that are in conformity with the contract. If you have a complaint and/or are not satisfied with the Products or Services you have been supplied with, please E mail us at contact@wheelXchange.ch

22. Allowing Us the Opportunity to put Things Right

a) If you suffer any loss or damage for which We are responsible then you must afford Us a reasonable opportunity to remedy the problem and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of Our breach of contract.

b) We will not be responsible for any loss or damage if you fail to afford Us a reasonable opportunity to put it right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.

23. Trade Marks

All trade marks, service marks, and trade names that appear on this website are proprietary to Wheel X Change Sàrl, or other respective owners. Trade marks should not be copied without Our prior written permission.

24. Data Protection

Where you provide your personal data to Us or We otherwise process personal data about you in connection with these Terms and Conditions or the provision of Products or Services, We shall process your personal data in accordance with Our Privacy Policy. Our Privacy Policy is available on request.

25. Third Party Rights

Only you and Us shall be entitled to enforce this contract. No third party shall be entitled to enforce any of the terms.

26. Severance

a) If a court finds part of this contract illegal, the rest will still continue in force.

b) Each of the paragraphs of these terms operates separately.

c) If any court or relevant authority decides that any of the terms or paragraphs are unlawful, the remaining terms and paragraphs will remain in full force and effect.

27. Assignment

We may assign or sub-contract some or all of Our rights and obligations under this contract from time to time but any such assignment or sub-contracting will only be in circumstances which do not prejudice your rights under this contract.

28. Variations to these Terms & Conditions

Other than in the limited circumstances detailed in these terms and conditions where We may make certain unilateral changes, any variation to these terms and conditions will only be valid if agreed between you and Us in writing.

29. Entire Agreement

These Terms and Conditions, together with any documents referred to or incorporated into it constitute the entire agreement between you and Us and supersede all prior communications and proposals.

30. Governing Law & Jurisdiction

These terms are governed by Swiss law and you can bring legal proceedings in respect of the Products and Services in the Swiss courts.

Tyre Storage Terms and Conditions

Definitions

WheelXchange

Means the company that you are contracting with to use the Tyre store facility, Wheel X Change Sàrl, Chemin De Boheme 1, Allaman, Suisse.

Date of Purchase

Means the date shown on the Wheel X Change Sàrl invoice.

Goods

Means tyres or tyres and wheels.

Seasonal Period

Means one Summer or Winter period lasting 6 months from the Date of Purchase.

Tyre Storage

Means a storage facility provided by Wheel X Change Sàrl.

Period of Store

By choosing the Wheel X Change storage service to store your Goods, you agree that Wheel X Change will store them for a minimum of one Seasonal period.

Wheel X Change will not store Goods which fall below the legal tread depth requirement of 1.6mm. After Wheel X Change have carried out the seasonal tyre change, your tyres will be inspected with a report provided detailing the condition of the tyres and wheels. Wheel X Change will provide a quote for any replacement tyres, or necessary work in order to make the tyres comply with the minimum legal requirements for use. Wheel X change are not permitted to refit tyres to a vehicle that do not meet the minimum legal requirements.

Storage Charges

A storage charge is chargeable for every Seasonal Period and, to cover handling costs, for every switch of Goods within a Seasonal Period unless the Goods are being withdrawn and the Tyre Storage is no longer to be used. The storage charge is included within the seasonal tyre change service provided by Wheel X Change, but if this service is not booked within a seasonal period by the customer, Wheel X Change will charge 45chf per seasonal period to continue the tyre storage. Wheel X Change reserves the right to amend the storage charges at any time.

Wheel X Change reserves the right to require all outstanding storage charges to be paid in full prior to tyres being returned or refitted to your vehicle.

Lost Goods

In the very unlikely event that the Goods cannot be found when they are retrieved from storage, Wheel X Change will replace the Goods with Goods which are either the same or an equivalent, if the same is no longer available.

End of Period of Store

Wheel X Change will send you a reminder when the Seasonal Period is coming to an end to enable you to arrange to book with Wheel X Change for your next seasonal change, to extend the seasonal period, or to arrange to have your Goods removed from storage.

Goods which remain uncollected in the tyre storage beyond the Seasonal Period will be subject to further storage charges and Wheel X Change reserves the right to dispose of any unclaimed Goods.

After the Seasonal Period has ended, but prior to disposal, Wheel X Change will:

• Write to you reminding you that the Seasonal Period has ended and ask you what you would like Wheel X Change to do with the Goods.
• If no response is received, after a period of 21 days Wheel X Change will send you a further letter requiring you to collect the Goods (“Notice imposing obligation on the customer to collect Goods”)
• If no response is received, after a period of 28 days Wheel X Change will send you a further letter notifying you that Wheel X Change intends to dispose of the Goods (“Notice of the intent to dispose of unclaimed goods”)
• If no response is received, 7 days after the date of the letter, Wheel X Change may dispose of the goods.
Terms of WheelXchange.ch Website Use


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What is in these Terms?

These terms tell you the rules for using our website www.wheelxchange.ch (our site).

1. Who We Are and How to Contact Us

1.1 www.wheelxchange.ch is a web site operated by Wheel X Change Sàrl (“We”). We are registered in Switzerland under company number CHE-153.745.197 and have our registered office at CheminDe Boheme 1, Allaman, 1165, Switzerland.

1.2 To contact us, write to us at the above address, or email contact@wheelXchange.ch or telephone our customer service.

1.3 By using Our site, you accept these Terms

1.4 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

1.5 If you do not agree to these terms, you must not use our site.

1.6 We recommend that you print a copy of these terms for future reference.

2. There Are Other Terms That May Apply to You

2.1 These terms of use refer to the following additional terms, which also apply to your use of our site:

2.2 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; a copy of our privacy policy is available upon request. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

2.3 Our Cookie Policy, which sets out information about the cookies on our site; a copy of our cookie policy is available upon request.

2.4 If you complete a booking through our site, our Terms and Conditions of Sale (above) will apply to the booking.

3. We May Make Changes to these Terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

4. We May Make Changes to Our Site 

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

5. We May Suspend or Withdraw Our Site 

5.1 Our site is made available free of charge.

5.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

5.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. You Must Keep Your Account Details Safe 

6.1 Your username and password and any other piece of information is as part of our security procedures; you must treat such information as confidential. You must not disclose it to any third party.

6.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

6.3 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at contact@wheelxchange.ch  

7. How You May Use Material on Our Site 

7.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

7.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Do Not Rely on Information on this Site

8.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

8.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

9. Links to Other Websites 

9.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

9.2 We have no control over the contents of those sites or resources and so any use of those sites is at your own risk.

10. User-Generated Content Is Not Approved by Us

10.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

10.2 If you wish to complain about information and materials uploaded by other users please contact us on contact@wheelxchange.ch

11. Our Responsibility for Loss or Damage Suffered by You 

11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

11.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale (above).

11.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12. We Are Not Responsible for Viruses and You Must Not Introduce Them 

12.1 We do not guarantee that our site will be secure or free from bugs or viruses.

12.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

13. Rules About Linking to Our Site 

13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not establish a link to our site in any website that is not owned by you.

13.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

13.5 We reserve the right to withdraw linking permission without notice.

13.6 If you wish to link to or make any use of content on our site other than that set out above, please contact contact@wheelxchange.ch

14. Which Country’s Laws Apply to Any Disputes? 

14.1 Please note that these terms of use, their subject matter and their formation, are governed by Swiss law. You and we both agree that the courts of Switzerland will have exclusive.

15. Our Trade Marks Are Registered 

15.1 All trade marks, service marks, and trade names that appear on this website are proprietary to Wheel X Change Sàrl. You are not permitted to use them without our approval.

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