Terms and Conditions
A. Validity / object / Important Notices
1. All our supplies and services relating to the BIO ENERGETIC Saver (hereinafter called: BES) are exclusively on the basis of these General Terms and Conditions. Conditions deviating from these provisions, including terms and conditions of the buyer, are effective only by our written confirmation.
2. Unless the contracting parties by electronic mail (e-mail), they acknowledge the unlimited validity of the statements submitted in this way will, in accordance with the following provisions. In the e-mail, normal data are not suppressed or circumvented by anonymous, which means that they must include the name and e-mail address of the sender, the date of dispatch (date and time), a repetition of the name of the sender and his phone number as a conclusion of the message contains. A determination under this e-mail received is subject to evidence as coming from the other partner. All messages must be in German or English.
3. Delivery item BIO ENERGETIC Saver (BES), in the form of a stainless steel pin. The BES is using the included cable binder according to the specifications of the product information and gem. Clause 4 mounted or fixed there. The BES allows a proper application and use of condition (see paragraphs 4 to 7), a reduction in vehicle emissions and a reduction in fuel consumption. The effect of the BES is based solely on a purely bio-energetic information base, which brings about a change in the molecular structure of the fuel / propellant, resulting in a better and cleaner combustion. On fourth digits to 7 referenced.
4. It is pointed out that the bio-energetic effect of BIO ENERGETIC Saver (BES) and thus the fitness to the required use is reduced or eliminated altogether, if he subsequently removed, or before, during or damaged after installation, destroyed, or if it is tampered with in any other way. The same applies if the BIO ENERGETIC Saver (BES) improperly attached (see attachment).
5. Fluctuations in terms of reducing equipment / motor vehicle exhaust and / or a reduction of the fuel / fuel consumption are not excluded and depend particularly on the individual conditions bzw. driving conduct from the motor vehicle driver.
6. BIO ENERGETIC Saver (BES) for each internal combustion engine / system, which is operated with fossil fuels, are suitable.
7. For all vehicles or equipment with more current vehicle manufacturers / equipment warranty is recommended to leave before attaching the BIO ENERGETIC Saver (BES) from the vehicle / equipment manufacturers the harmlessness of the use of the BES to the warranty of the vehicle / equipment manufacturer in writing.
8. Furthermore, subject to the relevant product information on BIO ENERGETIC Saver (BES), which each one delivered item are included in the appropriate number and pass in the event of resale to third parties by the buyer to the goods receiver together with the product (BES) are.
B. Example, proposals, contract, delivery
1. Our contract offers are subject to change.
2. An order is only accepted if it is confirmed by us in writing. The scope of the contractual performance solely our order confirmation. Delivery and invoicing are confirmed in writing immediately. By accepting without objection the order confirmation, the buyer acknowledges these conditions.
3.The contract is with the proviso that the buyer loses his rights under the contract, if he does not fulfill his obligation.
4. An offer or an order confirmation to the underlying documents, such as illustrations, drawings, measurements and weights are generally to be understood only as approximate values, unless they are expressly designated as binding.
5. The indication of a delivery time is based on our discretion and extended as appropriate if the buyer delays in turn required or agreed co-operative acts or fails. The same applies to measures in the context of labor disputes, strikes and lockouts and unforeseen obstacles that lie outside of my will, for example Delivery delay of a subcontractor, traffic and business disruptions, shortages of materials or energy, etc. Also, the buyer of the goods delivered caused changes lead to a reasonable extension of the delivery period.
6. With the delivery of the thing sold to the purchaser or an authorized third parties, the risk for the goods to the buyer. In case of shipment, the risk passes to the buyer as soon as the thing I to the forwarder, carrier or have otherwise to execute the dispatch specific person or institution. If the buyer is in default of acceptance, the risk of loss and / or a deterioration of the purchased item is transferred to the buyer, in which he falls into arrears.
7. In commercial transactions, I am entitled to partial deliveries. Section 6 shall apply mutatis mutandis in these cases.
1. The prices, as at the time of my appointment in the applicable brochures, catalogs, or optionally. are shown on our website.
1.1. The prices are from our local branch, at no cost for shipping and handling and no other benefits. Tax-exempt intra-Community deliveries are subject to confirmation of the basic data of the customer in the confirmation process qualified for the Final. In case of discrepancy in the way of the VAT, the invoice may be adjusted on or be demanded.
2. Delivery is usually, and unless otherwise agreed upon prepayment.
3. Delivery is free in my choice. Packaging, freight, postage, and customs fees are charged to the buyer. I am entitled but not obliged, to insure the goods at the buyer’s expense. Freight and free of costs is only available by special written agreement.
4. If the period between contract and delivery of more than four months without a delivery delay is responsible for my part, I can raise the price under consideration been incurred material, labor and other incidental costs that are borne by me, is appropriate. If the purchase price by more than 40%, the buyer is entitled to rescind the contract.
5. Change requests will be considered the buyer, the resulting additional costs to the buyer will be charged.
6. In case of culpable excess of the payment period, subject to the enforcement of further claims a handling fee per reminder in the amount of 15.00 EUR and interest allowed by law, the amount required.
7. The acceptance of checks is in each case only as payment. All actual collection fees will be charged.
8th Withhold payment to the buyer only if it is based on the same contract. The buyer may only offset counterclaims that are either undisputed or legally binding.
D. Retention of title
1. All my deliveries are subject to payment. In commercial transactions, the ownership of the purchased goods until the receipt of all payments from the ongoing business relationship with the buyer.
2. Before the transfer of property is the pledging or transfer of ownership of the goods prohibited. Resale is permitted only within the ordinary course of business. In the event of resale of the goods the buyer shall already now its purchase price against the buyer in full to us (from Ambition AG) from where the company Ambition AG accepts this assignment.
3. If the purchaser with a full or partial payment in default, he makes his payments and / or there are other legitimate doubts about its solvency or creditworthiness, it is no longer entitled to dispose of the goods. In such a case, we are entitled to rescind the contract and / or revoke the authority to collect the buyer against the consignee. Furthermore, we are entitled in this case, to request information about the consignee, the transition from the requirements to notify me and collect the buyer’s claims against the consignee.
4. In commercial transactions, is during the period of retention of title to my property by the purchaser of title against fire, flood, theft, burglary and theft. The rights under this insurance shall be assigned to me (the company Ambition AG), where Ambition AG accepts this assignment.
E. Warranty / Liability / Damages
1.Obvious defects must be reported in writing to us immediately upon delivery, no later than 10 days after receipt of the goods at a precise description and enclose a copy of the invoice. In failing this deadline claims are excluded because of obvious defects.
2. The same applies for non-obvious defects as follows: The warranty period for contracts for new things 2 years after delivery. The warranty period shall be used in consumer contracts for goods 1 year after delivery. For contracts for used goods which are not consumer contracts, warranty claims are excluded.
3. The obligation for merchants inspection and notification obligation remains unaffected. If the buyer is a businessman, defects affect the maturity of the purchase price claim is not, unless their rights was recognized by me in writing or legally determined.
4. The notice of defects that occur within the first six months after delivery, is in bilateral commercial transactions, the buyer is obliged to provide proof for the assumption that the defects as early as the time of delivery were available.
5. We may require that the buyer will allow us to check the faulty delivery item of our choice with him or with us. If the buyer refuses the review, we are exempt from the warranty.
6. An exemption from the guarantee is just a mishandling and / or improper use of the delivered goods. In Section A. herein by reference.
7. If the buyer requires timely and legitimately remedy, he may at his discretion require the free remedy the defect or delivery of defect-free goods. I can refuse the type of remedy selected by the purchaser if it is only possible with disproportionate costs. The buyer’s claim is limited in this case to the other type of remedy. Is delivered for the purpose of subsequent non-defective item, the buyer to return the defective item is required.
8. Only in the event of failure of the repair or replacement, the buyer can demand a reduction of the purchase price or rescind the contract.
9. The assignment of warranty claims to third parties.
10. The buyer sells the goods supplied by us delivered goods to a third party is forbidden from referring to because of the associated legal and / or contractual warranty claims on us.
11. Claims for damages or reimbursement of expenses are excluded. This does not apply to liability for damages resulting from injury to life, limb or health of the purchaser, based on a negligent or willful breach of duty on our part and not for the liability for other damages due to gross negligence or willful misconduct on my part . Paying evidence for the existence of gross negligence or willful misconduct of the injured.
F. Performance / Jurisdiction / Applicable Law
1. Performance for all directly or indirectly arising from this contract obligations, including payment obligations, is our office.
2. For contracts with merchants of jurisdiction is the court agreed to my office, with the proviso that I am entitled to sue at the place of registered office or a branch of the buyer.
3. If the buyer has no general jurisdiction in Switzerland or if he moves his domicile or habitual residence outside the scope of Switzerland, our office has jurisdiction. This also applies if the buyer’s domicile at the time the action is not known.
4. The laws of Switzerland apply.
5. The application of the Uniform Law on the Formation of International Sales of Goods, the Uniform Law on the International Sale of Goods of UN purchasing law is excluded.
G. Data Storage / Data Protection
We point out that personal and company-related data is stored with the assistance of computers, taking into account the data protection laws.
H. Other Agreements
If any of these terms and conditions, including the following instruction on the right of withdrawal, made provisions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions are to be replaced by way of interpretation by effective enforceable provisions. If a replacement is not in the way of interpretation is possible, alternatively, the statutory provisions.
I. Instruction on the right of withdrawal
1. If the buyer is a natural person who enters into a contract for a purpose that is neither commercial nor its independent vocational activity may be attributed, is entitled to it, within two weeks of his declaration on the conclusion of the contract declaration of intent without giving reasons in to revoke a written form or by returning the goods. At No. 3, reference is made. In addition, Ambition AG grants all online first-time buyers a « money-back-guarantee » according to the latest version of the « Warranty Conditions« .
2. The period begins with receipt of this notice. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent or the goods must be sent to: Ambition AG, Alte Steinhauserstr. 1, 6330 Cham.
3. The right does not in supply of goods that are produced according to customer specifications or clearly tailored to personal needs of the buyer or which are not due to their condition suitable for return shipment.
4. In case of supply of goods or services that have bio-energetic products the subject, which stuck, glued or otherwise interact with materials or with, above or below the ground or water surface are connected or inserted, goes the right of withdrawal with use of these products.
5. Your right of cancellation expires prematurely, if started with the execution of a service with your express consent before the cancellation deadline.
6. Returns: In the case of an effective cancellation the mutually benefits received and issue any benefits. Can you give us back the service received wholly or partly or only in deteriorated condition, Ambition AG must be compensated for their value. You can avoid paying compensation by not using the goods like an owner and omitting everything, which impairs their value. The cost of returning goods are independent of the order to be fully borne by you. This does not apply if you have already paid the purchase price or paid a deposit.