General Terms and Conditions (GTC) of the garage company Hüsser & Palkoska AG (hereinafter referred to as “Garage Company”) for repairs and services, for the preparation of cost estimates and for the sale and installation of spare parts and accessories.
1.1 These GTC govern the contractual relationship between the garage company and you as the customer for all repair and service work, for related cost estimates and for the sale and/or installation of spare parts and accessories.
1.2 In order to improve the readability of these GTC, only the masculine form is used in the following for the sake of simplicity; the feminine form is consequently always included.
2.1 These GTC form an integral part of all contracts between the aforementioned garage and the customer relating to the performance of repairs or services and the sale and/or installation of spare parts and accessories. They shall apply irrespective of the form (written, oral) and the place (garage business, Internet) of the conclusion of the contract.
2.2 The latest version of the GTC of the garage company is posted on its website and/or is also available in printed form at the reception and/or at the customer service desk of the garage company for inspection and collection. The GTC are also posted at the customer service desk and can therefore be viewed by the customer at any time.
2.3 The inclusion or validity of deviating and/or supplementary GTC of the customer is excluded, even if the garage has not expressly objected to them.
3.1 The customer must specify the defects to be repaired or the services to be performed on the vehicle as precisely as possible for the attention of the responsible employee of the garage company and agree on the desired completion date. The services to be performed and the agreed date will be recorded in the workshop order and acknowledged by the customer.
3.2 If necessary, the vehicle provided by the customer will also be updated free of charge to the current software status without an explicit order from the customer. If costs are incurred in this regard, they must be included in the customer order. As far as technically possible, vehicle data will be temporarily encrypted in this context. Irrespective of this, the garage company assumes and accordingly recommends that the customer backs up data and individual settings in the vehicle in accordance with the operating instructions in order to avoid any loss of data. Consequently, the garage shall not be liable for any such loss of data.
3.3 The garage company is authorised, if necessary, to subcontract third-party companies and to carry out test drives with the vehicle provided by the customer.
4.1 At the customer’s request, the garage company shall note in the workshop order the prices and rates plus VAT which are likely to be applied when carrying out the work ordered. If the customer wishes a binding price quotation, a written cost estimate is required; this will list the work and spare parts / accessories and indicate the respective price. The garage company shall be bound by this cost estimate for ten days after it has been handed over and may not exceed it by more than 10% without the customer’s prior consent.
4.2 If it becomes apparent during the execution of service or repair work that additional work or services on the part of the garage company are required which were not to be expected when the vehicle was taken over by the garage company or which were not declared by the customer and which exceed 10% of the total order in terms of cost, the garage company shall obtain the customer’s consent for this work in advance by telephone. The customer shall ensure that a telephone number is available to the garage company on which the customer can be reached during normal business hours. If the garage company cannot reach the customer even after three attempts (with intervals of at least 10 minutes), the garage company will only carry out this work if it is necessary with regard to the road safety of the vehicle. Insofar as the additional work does not exceed 10% of the total order in terms of cost, the garage company may assume the customer’s consent and does not have to obtain the customer’s prior consent.
4.3 If an order is placed on the basis of a cost estimate, any costs for the preparation of the cost estimate shall be offset against the order invoice. The garage company is entitled to charge the customer for the costs of preparing the cost estimate if the order in question is not placed.
4.4 Otherwise, the prices and rates charged by the garage company according to the separate price list shall apply; if such a list is not available, the customary local prices and rates shall apply.
5.1 If the customer wishes to have his vehicle collected or delivered, this shall be done at his own expense and risk.
5.2 The customer is obliged to collect the vehicle within three working days of receipt of the notice of completion or handover or transmission of the invoice. In the case of repair work carried out within one working day, this collection period shall be reduced to two working days.
5.3 The acceptance of the vehicle by the customer shall take place in the garage unless otherwise agreed. The benefit and risk of the vehicle shall pass to the customer when it is made available for collection (in particular with regard to theft and damage by third parties). If the customer does not collect the vehicle by the agreed time, but at the latest by the close of business on the agreed collection day, the garage company shall be entitled to park the vehicle outside the respective garage company at the customer’s risk and responsibility. In the event of a delay in collection, the garage company may, following a written reminder from the customer, immediately charge a customary storage fee per parking day, insofar as the vehicle remains on the premises of the garage company.
6.1 In the invoice to the customer, prices or price factors for each technically self-contained work service as well as for spare parts and materials used shall be shown separately. If the order is executed on the basis of a cost estimate, it shall be sufficient to refer to the cost estimate, with only additional work being specifically listed.
6.2 Any correction of the invoice must be requested by the customer no later than two weeks after receipt of the invoice, otherwise the garage may assume that the invoice is correct.
6.3 In the event of partial or complete non-payment of the invoice by an insurance company or in the absence of a guarantee or goodwill promise from a supplier/importer, the customer is obliged, for whatever reason, to settle the amount owed in full and on first demand to the garage company.
7.1 The invoice amount is generally due for payment in cash or via EC upon acceptance of the vehicle and handover of the invoice, but at the latest within 14 days after notification of completion and handover or sending of the relevant invoice.
7.2 The customer may only offset claims of the garage against his own claims if the customer’s counterclaim is undisputed or if there is a legally binding judgement in this respect; furthermore, the customer’s right of retention is excluded to the extent permitted by law. The garage company is entitled to demand a reasonable advance payment when placing the order.
7.3 If the customer is in arrears with his payment, the garage company may demand interest on arrears of 5% after expiry of the payment period of 14 days without an additional reminder. The garage shall also be entitled to charge a processing fee of CHF 20.00 per reminder sent to the customer.
7.4 The garage company is entitled to assign the collection of a due debt to a third party. The costs of this third-party service shall be borne by the customer.
8.1 The customer must inspect the vehicle for any defects immediately after taking delivery. Claims for material defects must be notified in writing by the customer to the garage company carrying out the work within seven working days of taking delivery of the vehicle at the latest, and in the case of hidden defects within seven working days of the first appearance of the defect in question. If the customer fails to give notice of defects in due time, the work of the garage shall be deemed to have been approved and any rights in respect of defects shall be forfeited. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the material defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
8.2 If the customer accepts the object of the order despite knowledge of a defect, he shall only be entitled to claims for material defects in this respect if the customer expressly reserves the right to do so at the time of acceptance.
8.3 Claims of the customer due to a defective repair or service shall become time-barred 2 years after acceptance of the vehicle.
8.4 If there is a material defect that has been reported in due time and that can be attributed to the work or services of the garage company, the customer shall only be entitled to free rectification of the defect. The statutory rights in respect of defects are excluded. If the rectification fails three times, the customer may withdraw from the contract. If the customer has any rectification work carried out by a third party, the warranty claim shall lapse in full and the garage shall not be obliged to pay for any rectification work carried out by a third party. If the customer chooses to withdraw from the contract after failed subsequent fulfilment, he shall not be entitled to any additional claim for damages due to the defect. Replaced spare parts shall become the property of the garage company.
9.1 The customer shall inspect spare parts and accessories immediately upon delivery and give written notice of any defects within 7 working days. Hidden defects must be reported in writing within 7 working days of their first occurrence. If the customer fails to give notice of defects in due time, all rights to claim for defects shall be forfeited.
9.2 Insofar as the spare parts and accessories have a current manufacturer’s warranty, this shall apply exclusively and the statutory warranty shall be excluded to the extent permitted by law. Insofar as no manufacturer’s warranty exists, the customer’s warranty claims for spare parts and accessories shall expire 2 years after delivery. If a defect occurs within the warranty period/guarantee period that has been reported in due time, the customer shall only be entitled to exchange the goods free of charge. If the free exchange of the goods is not possible, the customer shall be entitled to a refund of the net purchase price against return of the defective goods.
9.3 The liability of the garage for indirect or consequential damages, in particular damages to other vehicle parts, loss of profit, loss of production, liability damages, legal action damages, etc. is excluded to the extent permitted by law.
10.1 The garage company shall only be liable in the event of intentional or grossly negligent damage; liability for slight and medium negligence is therefore excluded – to the extent permitted by law. The personal liability of the legal representatives, vicarious agents and employees of the garage company for damage caused by them through slight or medium negligence is also excluded. The burden of proof for intent or gross negligence on the part of the garage company or the legal representatives, vicarious agents and employees etc. shall lie with the customer.
10.2 Any liability of the garage company in the event of fraudulent concealment of the defect, from the assumption of a specially agreed guarantee or in accordance with the Product Liability Act remains reserved.
10.3 Liability for the loss of money or valuables of any kind in the vehicle, which are not expressly taken into custody by the garage company, is excluded. Accordingly, the customer shall ensure that no such valuables are present in the vehicle provided.
10.4 If the vehicle handed over to the garage company is not roadworthy and the customer intends to put it back into operation without restoring its roadworthiness, the garage company is entitled to refuse to hand over the vehicle and/or to make a corresponding (prior) report to the responsible MFK. Insofar as the garage company hands over the unroadworthy vehicle to the customer at the latter’s request despite being informed of the lack of roadworthiness, the vehicle shall be handed over to the exclusion of liability to the extent permitted by law and thus at the customer’s own risk. The customer is aware, on the basis of the information provided by the garage, that the vehicle should not be used on the road in the condition in question under any circumstances.
10.5 The customer acknowledges that individual modifications made to the vehicle on his behalf, which serves in particular to improve the performance or the driving characteristics (for example, the boring of the cylinders to increase the displacement, the installation of compressors and turbochargers for supercharging, nitrous oxide injection or the installation of engines with larger displacement) or to change the appearance of the vehicle, may impair the factory warranty or lead to the loss of the same. Tuning can also impair the quality of the vehicle or lead to damage to the vehicle, in particular to the engine, due to the increase in performance. Consequently, to the extent permitted by law, any liability for damage and impairments to the warranty which can be attributed to the desired tuning work is completely excluded.
If the customer provides the garage company with spare parts or consumables with the instruction to use them in the context of service or repair work, this shall be done exclusively at the risk and peril of the customer. Any liability and warranty obligation of the garage company for any defects in these spare parts or consumables and/or liability for consequential damage are excluded to the extent permitted by law.
12.1 Accessories, spare parts and aggregates shall only become the property of the customer upon full payment of the relevant purchase price plus any interest and costs. The garage company has the right to make corresponding entries in the retention of title register.
12.2 The garage company has the right to retain the vehicle provided by the customer within the meaning of Art. 891 et seq. of the Swiss Civil Code until full payment of claims arising from work carried out, spare parts deliveries, etc. has been made. ZGB (Swiss Civil Code). If the customer does not pay the outstanding amounts even after three reminders and threats to sell the vehicle in question in order to settle the outstanding claims, the garage company shall be entitled to sell the vehicle by private contract without involving the debt collection office. The relevant sales proceeds – after deduction of all outstanding debts and costs of the garage company – will be handed over to the customer.
The customer agrees that his/her personal data may be processed and used by the garage company, the importer of the vehicle and/or authorised partners/service providers for the purpose of contract processing, customer care, customer information and customer surveys (including telephone and other customer satisfaction surveys) as well as for marketing purposes including postal and electronic advertising (e.g. by email). The customer agrees that his/her data may be forwarded by the garage company to the importer and/or authorised partner/service provider accordingly. The data will be used exclusively in accordance with Swiss data protection regulations. In particular, no data will be passed on to unauthorised third parties. If the customer does not agree to receive electronic advertising or surveys with regard to customer satisfaction, etc., the customer must send a written declaration to this effect to the garage company.
In connection with the provision of services [and/or sale of products] to the customer, Hüsser & Palkoska AG may collect, obtain from third parties, store, process, and disclose personal data while always adhering to applicable data protection norms. This also includes the collection of data through video surveillance across the entire premises.
Where legally permitted or when overriding interests on the part of Hüsser & Palkoska AG exist, or when customer consent is given, Hüsser & Palkoska AG may process the collected personal data for the following purposes:
a) To verify prerequisites for contract conclusion;
b) To fulfill contractual obligations towards the customer;
c) To maintain, develop, and nurture the customer relationship;
d) To customize services or provide personalized content, e.g., through analysis of demographics, usage behavior, and user interests;
e) For address validation. f) To prevent unauthorized use of services, especially to prevent fraud cases during contract conclusion and throughout the contract duration;
g) For billing, debt collection purposes, and for creditworthiness and credit check assessments; h) For promotion, design, and further development of services/offers by Hüsser & Palkoska AG;
j) To obtain offers from third parties for the customer, such as insurance offers.
Hüsser & Palkoska AG may engage third parties within and outside the country for data processing. [If the customer avails third-party services from Hüsser & Palkoska AG, the latter is allowed to share customer data necessary for processing with the third party to fulfill contractual obligations towards the customer.]
When enlisting third parties from within and outside the country by Hüsser & Palkoska AG, these entities are contractually obligated to comply with the necessary measures as per applicable data protection laws. Further information regarding the use of personal data can be found in the Privacy Policy at https://volvo-baar.ch/datenschutzerklärung/ & https://volvo-baar.ch/agbs/.
The invalidity of individual provisions of these GTC shall not result in the invalidity of the GTC as a whole. Any omitted provisions and any gaps shall be filled in such a way
that the purpose of the GTC is fulfilled as far as possible, taking into account the economic interests of the parties involved.
15.1 These GTC shall apply in the version valid at the time of the customer’s order.
15.2 The garage company reserves the right to change the General Terms and Conditions at any time and unilaterally. The latest version shall be published on the Garage Business website or shall be available at the Customer Service reception desk and/or posted at the Customer Service desk.
At the request of the contracting parties, the dispute may be arbitrated by the arbitration board of the AGVS and TCS and an out-of-court solution sought. The place of jurisdiction for all disputes arising and thus for all present and future claims is the registered office of the garage company, insofar as no compulsory place of jurisdiction is provided for by law. The same place of jurisdiction shall also apply if the customer’s registered office / place of residence is abroad. It is also open to the garage company to take legal action against the customer at their registered office / place of residence.
The substantive law of Switzerland shall apply exclusively, to the exclusion of the Vienna Sales Convention or other international agreements.
General Terms and Conditions (GTC) of the garage company Hüsser & Palkoska AG (hereinafter referred to as “Garage Company”) for repairs and services, for the preparation of cost estimates and for the sale and installation of spare parts and accessories.
1.1 These GTC govern the contractual relationship between the garage company and you as the customer for all repair and service work, for related cost estimates and for the sale and/or installation of spare parts and accessories.
1.2 In order to improve the readability of these GTC, only the masculine form is used in the following for the sake of simplicity; the feminine form is consequently always included.
2.1 These GTC form an integral part of all contracts between the aforementioned garage and the customer relating to the performance of repairs or services and the sale and/or installation of spare parts and accessories. They shall apply irrespective of the form (written, oral) and the place (garage business, Internet) of the conclusion of the contract.
2.2 The latest version of the GTC of the garage company is posted on its website and/or is also available in printed form at the reception and/or at the customer service desk of the garage company for inspection and collection. The GTC are also posted at the customer service desk and can therefore be viewed by the customer at any time.
2.3 The inclusion or validity of deviating and/or supplementary GTC of the customer is excluded, even if the garage has not expressly objected to them.
3.1 The customer must specify the defects to be repaired or the services to be performed on the vehicle as precisely as possible for the attention of the responsible employee of the garage company and agree on the desired completion date. The services to be performed and the agreed date will be recorded in the workshop order and acknowledged by the customer.
3.2 If necessary, the vehicle provided by the customer will also be updated free of charge to the current software status without an explicit order from the customer. If costs are incurred in this regard, they must be included in the customer order. As far as technically possible, vehicle data will be temporarily encrypted in this context. Irrespective of this, the garage company assumes and accordingly recommends that the customer backs up data and individual settings in the vehicle in accordance with the operating instructions in order to avoid any loss of data. Consequently, the garage shall not be liable for any such loss of data.
3.3 The garage company is authorised, if necessary, to subcontract third-party companies and to carry out test drives with the vehicle provided by the customer.
4.1 At the customer’s request, the garage company shall note in the workshop order the prices and rates plus VAT which are likely to be applied when carrying out the work ordered. If the customer wishes a binding price quotation, a written cost estimate is required; this will list the work and spare parts / accessories and indicate the respective price. The garage company shall be bound by this cost estimate for ten days after it has been handed over and may not exceed it by more than 10% without the customer’s prior consent.
4.2 If it becomes apparent during the execution of service or repair work that additional work or services on the part of the garage company are required which were not to be expected when the vehicle was taken over by the garage company or which were not declared by the customer and which exceed 10% of the total order in terms of cost, the garage company shall obtain the customer’s consent for this work in advance by telephone. The customer shall ensure that a telephone number is available to the garage company on which the customer can be reached during normal business hours. If the garage company cannot reach the customer even after three attempts (with intervals of at least 10 minutes), the garage company will only carry out this work if it is necessary with regard to the road safety of the vehicle. Insofar as the additional work does not exceed 10% of the total order in terms of cost, the garage company may assume the customer’s consent and does not have to obtain the customer’s prior consent.
4.3 If an order is placed on the basis of a cost estimate, any costs for the preparation of the cost estimate shall be offset against the order invoice. The garage company is entitled to charge the customer for the costs of preparing the cost estimate if the order in question is not placed.
4.4 Otherwise, the prices and rates charged by the garage company according to the separate price list shall apply; if such a list is not available, the customary local prices and rates shall apply.
5.1 If the customer wishes to have his vehicle collected or delivered, this shall be done at his own expense and risk.
5.2 The customer is obliged to collect the vehicle within three working days of receipt of the notice of completion or handover or transmission of the invoice. In the case of repair work carried out within one working day, this collection period shall be reduced to two working days.
5.3 The acceptance of the vehicle by the customer shall take place in the garage unless otherwise agreed. The benefit and risk of the vehicle shall pass to the customer when it is made available for collection (in particular with regard to theft and damage by third parties). If the customer does not collect the vehicle by the agreed time, but at the latest by the close of business on the agreed collection day, the garage company shall be entitled to park the vehicle outside the respective garage company at the customer’s risk and responsibility. In the event of a delay in collection, the garage company may, following a written reminder from the customer, immediately charge a customary storage fee per parking day, insofar as the vehicle remains on the premises of the garage company.
6.1 In the invoice to the customer, prices or price factors for each technically self-contained work service as well as for spare parts and materials used shall be shown separately. If the order is executed on the basis of a cost estimate, it shall be sufficient to refer to the cost estimate, with only additional work being specifically listed.
6.2 Any correction of the invoice must be requested by the customer no later than two weeks after receipt of the invoice, otherwise the garage may assume that the invoice is correct.
6.3 In the event of partial or complete non-payment of the invoice by an insurance company or in the absence of a guarantee or goodwill promise from a supplier/importer, the customer is obliged, for whatever reason, to settle the amount owed in full and on first demand to the garage company.
7.1 The invoice amount is generally due for payment in cash or via EC upon acceptance of the vehicle and handover of the invoice, but at the latest within 14 days after notification of completion and handover or sending of the relevant invoice.
7.2 The customer may only offset claims of the garage against his own claims if the customer’s counterclaim is undisputed or if there is a legally binding judgement in this respect; furthermore, the customer’s right of retention is excluded to the extent permitted by law. The garage company is entitled to demand a reasonable advance payment when placing the order.
7.3 If the customer is in arrears with his payment, the garage company may demand interest on arrears of 5% after expiry of the payment period of 14 days without an additional reminder. The garage shall also be entitled to charge a processing fee of CHF 20.00 per reminder sent to the customer.
7.4 The garage company is entitled to assign the collection of a due debt to a third party. The costs of this third-party service shall be borne by the customer.
8.1 The customer must inspect the vehicle for any defects immediately after taking delivery. Claims for material defects must be notified in writing by the customer to the garage company carrying out the work within seven working days of taking delivery of the vehicle at the latest, and in the case of hidden defects within seven working days of the first appearance of the defect in question. If the customer fails to give notice of defects in due time, the work of the garage shall be deemed to have been approved and any rights in respect of defects shall be forfeited. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the material defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
8.2 If the customer accepts the object of the order despite knowledge of a defect, he shall only be entitled to claims for material defects in this respect if the customer expressly reserves the right to do so at the time of acceptance.
8.3 Claims of the customer due to a defective repair or service shall become time-barred 2 years after acceptance of the vehicle.
8.4 If there is a material defect that has been reported in due time and that can be attributed to the work or services of the garage company, the customer shall only be entitled to free rectification of the defect. The statutory rights in respect of defects are excluded. If the rectification fails three times, the customer may withdraw from the contract. If the customer has any rectification work carried out by a third party, the warranty claim shall lapse in full and the garage shall not be obliged to pay for any rectification work carried out by a third party. If the customer chooses to withdraw from the contract after failed subsequent fulfilment, he shall not be entitled to any additional claim for damages due to the defect. Replaced spare parts shall become the property of the garage company.
9.1 The customer shall inspect spare parts and accessories immediately upon delivery and give written notice of any defects within 7 working days. Hidden defects must be reported in writing within 7 working days of their first occurrence. If the customer fails to give notice of defects in due time, all rights to claim for defects shall be forfeited.
9.2 Insofar as the spare parts and accessories have a current manufacturer’s warranty, this shall apply exclusively and the statutory warranty shall be excluded to the extent permitted by law. Insofar as no manufacturer’s warranty exists, the customer’s warranty claims for spare parts and accessories shall expire 2 years after delivery. If a defect occurs within the warranty period/guarantee period that has been reported in due time, the customer shall only be entitled to exchange the goods free of charge. If the free exchange of the goods is not possible, the customer shall be entitled to a refund of the net purchase price against return of the defective goods.
9.3 The liability of the garage for indirect or consequential damages, in particular damages to other vehicle parts, loss of profit, loss of production, liability damages, legal action damages, etc. is excluded to the extent permitted by law.
10.1 The garage company shall only be liable in the event of intentional or grossly negligent damage; liability for slight and medium negligence is therefore excluded – to the extent permitted by law. The personal liability of the legal representatives, vicarious agents and employees of the garage company for damage caused by them through slight or medium negligence is also excluded. The burden of proof for intent or gross negligence on the part of the garage company or the legal representatives, vicarious agents and employees etc. shall lie with the customer.
10.2 Any liability of the garage company in the event of fraudulent concealment of the defect, from the assumption of a specially agreed guarantee or in accordance with the Product Liability Act remains reserved.
10.3 Liability for the loss of money or valuables of any kind in the vehicle, which are not expressly taken into custody by the garage company, is excluded. Accordingly, the customer shall ensure that no such valuables are present in the vehicle provided.
10.4 If the vehicle handed over to the garage company is not roadworthy and the customer intends to put it back into operation without restoring its roadworthiness, the garage company is entitled to refuse to hand over the vehicle and/or to make a corresponding (prior) report to the responsible MFK. Insofar as the garage company hands over the unroadworthy vehicle to the customer at the latter’s request despite being informed of the lack of roadworthiness, the vehicle shall be handed over to the exclusion of liability to the extent permitted by law and thus at the customer’s own risk. The customer is aware, on the basis of the information provided by the garage, that the vehicle should not be used on the road in the condition in question under any circumstances.
10.5 The customer acknowledges that individual modifications made to the vehicle on his behalf, which serves in particular to improve the performance or the driving characteristics (for example, the boring of the cylinders to increase the displacement, the installation of compressors and turbochargers for supercharging, nitrous oxide injection or the installation of engines with larger displacement) or to change the appearance of the vehicle, may impair the factory warranty or lead to the loss of the same. Tuning can also impair the quality of the vehicle or lead to damage to the vehicle, in particular to the engine, due to the increase in performance. Consequently, to the extent permitted by law, any liability for damage and impairments to the warranty which can be attributed to the desired tuning work is completely excluded.
If the customer provides the garage company with spare parts or consumables with the instruction to use them in the context of service or repair work, this shall be done exclusively at the risk and peril of the customer. Any liability and warranty obligation of the garage company for any defects in these spare parts or consumables and/or liability for consequential damage are excluded to the extent permitted by law.
12.1 Accessories, spare parts and aggregates shall only become the property of the customer upon full payment of the relevant purchase price plus any interest and costs. The garage company has the right to make corresponding entries in the retention of title register.
12.2 The garage company has the right to retain the vehicle provided by the customer within the meaning of Art. 891 et seq. of the Swiss Civil Code until full payment of claims arising from work carried out, spare parts deliveries, etc. has been made. ZGB (Swiss Civil Code). If the customer does not pay the outstanding amounts even after three reminders and threats to sell the vehicle in question in order to settle the outstanding claims, the garage company shall be entitled to sell the vehicle by private contract without involving the debt collection office. The relevant sales proceeds – after deduction of all outstanding debts and costs of the garage company – will be handed over to the customer.
The customer agrees that his/her personal data may be processed and used by the garage company, the importer of the vehicle and/or authorised partners/service providers for the purpose of contract processing, customer care, customer information and customer surveys (including telephone and other customer satisfaction surveys) as well as for marketing purposes including postal and electronic advertising (e.g. by email). The customer agrees that his/her data may be forwarded by the garage company to the importer and/or authorised partner/service provider accordingly. The data will be used exclusively in accordance with Swiss data protection regulations. In particular, no data will be passed on to unauthorised third parties. If the customer does not agree to receive electronic advertising or surveys with regard to customer satisfaction, etc., the customer must send a written declaration to this effect to the garage company.
The invalidity of individual provisions of these GTC shall not result in the invalidity of the GTC as a whole. Any omitted provisions and any gaps shall be filled in such a way
that the purpose of the GTC is fulfilled as far as possible, taking into account the economic interests of the parties involved.
15.1 These GTC shall apply in the version valid at the time of the customer’s order.
15.2 The garage company reserves the right to change the General Terms and Conditions at any time and unilaterally. The latest version shall be published on the Garage Business website or shall be available at the Customer Service reception desk and/or posted at the Customer Service desk.
At the request of the contracting parties, the dispute may be arbitrated by the arbitration board of the AGVS and TCS and an out-of-court solution sought. The place of jurisdiction for all disputes arising and thus for all present and future claims is the registered office of the garage company, insofar as no compulsory place of jurisdiction is provided for by law. The same place of jurisdiction shall also apply if the customer’s registered office / place of residence is abroad. It is also open to the garage company to take legal action against the customer at their registered office / place of residence.
The substantive law of Switzerland shall apply exclusively, to the exclusion of the Vienna Sales Convention or other international agreements.
Hüsser & Palkoska AG
Sihlbruggstrasse 2
6340 Baar
If you have any questions or queries, please contact us at the following e-mail address info@volvo-baar.ch or by telephone on 041 761 49 55.
The protection of your personal data is very important to Garage Hüsser & Palkoska AG. In the following, we will show you what data we collect and for what purposes it is used. Your personal data will be protected to the greatest possible extent by means of suitable technical and organisational measures. Hüsser & Palkoska AG reserves the right to adapt this data protection declaration. You will find the respective update date at the end of this declaration. All personal data is processed in accordance with the Swiss Data Protection Act and the European General Data Protection Regulation (GDPR), as well as all other relevant legal provisions. Unless otherwise stated, the terminology corresponds to the terms used by law. For the sake of simplicity, the masculine form also includes the feminine or vice versa.
Personal data is any information relating to an identified or identifiable natural person (e.g. name, address or date of birth). In principle, you can use the website without providing personal data. Should the collection of personal data be necessary, this privacy policy will provide you with the necessary transparency.
It is important to us that our customers or website visitors understand what personal data we process from them. Data collection can take place in the following places:
1. website in general: via log files, cookies, analysis tools or plugins from social media or other providers, personal data is processed and collected;
2. newsletter or SMS services: a subscription to the newsletter or SMS services is based on your consent at the time of registration;
3. contact form: Personal data is processed when contact is made (e.g. questions or suggestions);
4. account on the website: To create an account, personal data is collected based on your registration;
5. user-generated content: participation in the forum or similar may require the processing of personal data;
6. web shop: We collect your IP address, information regarding the products and prices ordered, the order number, site-specific content, an email address, your name, delivery and billing address, a phone number, the order currency, delivery method and payment details;
7. competitions: Personal data is required to enter competitions;
8. general course of business: in the course of general course of business, we collect the necessary personal data.
As far as permitted, we also take personal data from public sources (e.g. internet, commercial register, debt enforcement register or from the press).
First and foremost, personal data is only processed within the scope of our business activities (e.g. conclusion and execution of contracts or general business transactions). If we obtain consent for data processing, this serves as the legal basis (e.g. for the newsletter). Furthermore, processing takes place in order to fulfil legal obligations. In addition, personal data may be processed for the following purposes, which correspond to our legitimate interest:
In principle, personal data is only passed on to third parties with your consent or based on our legitimate interest. As a rule, data is passed on where certain services are provided by third parties (e.g. business partners, our service providers or similar). Furthermore, data may be passed on internally or handed over to authorities. All our partners take the protection of your personal data just as seriously as we do. Garage Hüsser & Palkoska AG therefore only chooses trustworthy partners who guarantee adequate protection of your data. Such cooperation only takes place according to our instructions and no personal data is sold for marketing purposes. A transfer to third parties may take place in the context of official or judicial orders to which we are obliged. In principle, data may be transferred to countries in which we or our service providers (e.g. server provision, etc.) are active. If there is no sufficient level of data protection in the destination country, we secure ourselves with corresponding agreements or the exceptions stated in the law (e.g. with your consent).
As a matter of principle, personal data is only stored by us for as long as is necessary to fulfil the respective purpose of the storage. Exceptions to this are the company’s own legitimate interest in longer storage (e.g. for tax reasons or because legal proceedings are imminent) or a statutory retention period which obliges us to store the data. If the purpose of storage has been fulfilled and there are no further reasons for storage, your personal data will be deleted or anonymised immediately.
You are granted the following data subject rights:
1. right of access: you may at any time request confirmation of what personal data we process about you and whether it is transferred to a third country;
2. right to rectification: you can immediately request the rectification of inaccurate or incomplete personal data we hold about you;
3. right to erasure: you may request the erasure of your personal data if it is no longer necessary for the purposes for which it was collected or if other legal standards do not prevent its erasure;
4. right to restriction of processing: the right to restriction of processing exists insofar as (i) the accuracy of the data is disputed by you, (ii) the processing is unlawful but you object to its deletion, (iii) we no longer require the data but you need it to assert, exercise or defend legal claims or (iv) you have objected to the processing;
5. revocation of consent: you have the right to revoke a given consent for one or more specific purposes at any time, provided that the processing is based on your explicit consent. This applies in particular to cases of direct advertising. Data processing carried out until the revocation is not affected by this. If you wish to exercise your right of objection, simply send an e-mail to info@volvo-baar.ch;
6. right to object: you have the right to object to the processing of personal data concerning you at any time on grounds relating to your particular situation;
7. right to data portability: you have the right to obtain the personal data you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller.
Only those who are clearly identified can exercise such rights. If your identity is not clear, we reserve the right to take steps to identify you (e.g. requesting a copy of your ID).
You have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the place of the alleged violation. The Federal Data Protection and Information Commissioner (FDPIC) is responsible for Switzerland.
There is no obligation to provide personal data. Please note that certain parts of the website cannot be used if you refuse to provide personal data.
In the context of technical analyses, your personal data is sometimes processed automatically (profiling). Such automated decisions are made solely for evaluation purposes and are used for market research or personalisation of offers (e.g. personal advertising). No fully automated decisions are made within the scope of the ordinary business relationship.
We use cookies on our site. These are small files that are automatically created by your browser and stored on your terminal device when you visit our site. Cookies do not cause any damage to your terminal device, do not contain any viruses, Trojans or other malware, but serve solely to (re-)recognise your browser or your terminal device. However, this does not mean that we gain direct knowledge of your identity. The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. We use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after you leave our site. In addition, we also use temporary cookies that are stored on your terminal device to optimise user-friendliness. If you visit our site again to use our services, it is automatically recognised that you have already been to our site and which entries and settings (e.g. language) you have made so that you do not have to enter them again. We also use cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our services for you. The temporary cookies are automatically deleted after a defined period of time. As a rule, this period is six months. However, we reserve the right to make other settings. The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests. Most browsers accept cookies automatically. By using our website, you accept the use of cookies. However, you can configure your browser in such a way that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.
With the tracking measures listed below and used by us, we want to ensure a needs-oriented design and the ongoing optimisation of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These purposes are to be regarded as legitimate interests. The website www.garage-haertsch.ch uses various services of Google Inc. from the USA. These include Google Analytics, Google Adwords, Google Tag Manager, Google Fonts and Google Maps. The respective data processing purposes and data categories can be found in the corresponding tracking tools. For the purpose of demand-oriented design and continuous optimisation of our pages, we use in particular Google Analytics, a web analysis service of Google Inc. (hereinafter “Google”; www.google.com) or comparable services. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services associated with the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. Cookies from Google are used in this context. Under no circumstances will your personal data be transmitted. We only receive user and statistical data. The IP addresses are anonymised so that an allocation is not possible (IP masking). However, Google may use the data for its own purposes and may link it to other websites that are also tracked. Google only knows you when you are logged in accordingly. Any processing of personal data therefore takes place outside the responsibility of Garage Hüsser & Palkoska AG and in accordance with the respective data protection regulations of the provider.
Social media plug-ins are used on our homepage (Facebook, Youtube or Instagram, etc.). The respective operator thereby receives the information that the corresponding page of our website was accessed by the respective visitor. In each case, we only receive anonymous user and statistical data without any identification. Any processing of personal data therefore takes place outside the responsibility of Garage Hüsser & Palkoska AG and in accordance with the respective data protection regulations of the provider.
Our website uses an SSL certificate to encrypt the data to be transmitted (channel encryption). By integrating the encryption certificates, we can enable so-called transport encryption. This protects the communication from unauthorised access by third parties. Passwords and other sensitive data are additionally protected from external access. Garage Hüsser & Palkoska AG is very concerned about guaranteeing data security. However, please note that there is no such thing as absolute protection.
Privacy policy status: November 2022
Hüsser & Palkoska AG
Sihlbruggstrasse 2
6340 Baar
041 761 49 55
info@volvo-baar.ch
ONELINE AG
Alte Steinhauserstrasse 10
6330 Cham
The contents of our pages have been created with the utmost care. However, we cannot assume any liability for the correctness, completeness and up-to-dateness of the contents. As a service provider, we are responsible for our own content on these pages in accordance with general laws. However, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of corresponding infringements, we will remove this content immediately.
Our website contains links to external websites of third parties over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If we become aware of any infringements of the law, we will remove such links immediately.
The contents and works on these pages created by the site operators are subject to Swiss copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Our privacy policy has been dealt with in a separate document. You can find our privacy policy under the following link: Privacy Policy
