VEHICLE SALE TERMS AND CONDITIONS
The following terms and conditions apply to any sale of vehicles between Cadillac Europe GmbH, with registered address at Boulevard Lilienthal 6, 8152 Glattpark (Opfikon), Switzerland (“Cadillac”) and any customers buying its vehicles (individually, “Customer”).
(Customer and Cadillac are together referred to as “Parties”.)
1. Sale and purchase of the Vehicle
The Customer agrees to purchase the vehicle with the accessories and service pack selected in the order submitted electronically to Cadillac through its digital platform, via e-mail, or otherwise (“Vehicle”). If the order will be accepted, Cadillac will send an acceptance to the Customer via e-mail. The sale and purchase of the Vehicle will be binding upon the Parties when the Customer receives the acceptance of the order from Cadillac. It is understood that Cadillac is not obliged to accept orders and it will not accept orders from vehicles dealers, retailers, professional taxi drivers or chauffeurs, or in case of obstacles caused by export controls or economic sanctions rules (see Section 8 below).
2. Price and payment
The price of the Vehicle is set out in order and is inclusive of applicable VAT.
With the acceptance of the order, Cadillac will send to the Customer payment instructions for the deposit including VAT specified in the order form (“Deposit”). The Deposit will be necessary to process the order and it will be deducted from the price. The Customer shall pay the Deposit within 7 days from the receipt of the payment instructions. Upon payment, the Customer will receive from Cadillac a VAT invoice of the Deposit. The Deposit is not refundable, except in the case expressly set forth in Section 4 below.
The settlement and invoicing of the full price of the Vehicle will be made in accordance with the provisions of the next paragraph, concerning the handover of the Vehicle.
For the handover of the Vehicles, the Customer may choose to pick-up of the Vehicle at one of the premises designated by Cadillac and selected by the Customer in the order form, or otherwise agreed in writing with Cadillac. The choice made at the time of submission of the order form by the Customer may not be unilaterally modified.
With the acceptance of the order, Cadillac will communicate to Customer via e-mail an estimated date for the Vehicle handover. Later, Cadillac will communicate to Customer the final handover date (“Handover Date”) with payment instructions for the price of the Vehicle, net of the Deposit. The Customer shall pay the price within 7 days from the receipt of this communication. In case of default of the Customer, Cadillac may terminate the sale and cancel the order of the Vehicle. Upon payment, the Customer will receive a VAT invoice of the price.
Before Handover Date, Cadillac will request to the Customer to provide a delegation and a copy of the Vehicle insurance. Cadillac will take care of the registration of the Vehicle in the name of the Customer and will deliver all related documents to the Customer with the Vehicle upon handover.
On Handover Date, the Customer shall pick-up the Vehicle at the chosen location, inspect the Vehicle and sign a receipt attesting the conditions of the Vehicle. The receipt must be signed on the same date of the pick-up of the Vehicle. The ownership of the Vehicle and the related risk of loss or damage will be transferred to the Customer upon pick-up of the Vehicle.
4. Right of withdrawal
The Customer will be entitled to cancel the order and consequently terminate the sale and purchase by notifying the withdrawal to the e-mail address firstname.lastname@example.org and returning the Vehicle to the handover location within 14 days from handover of the Vehicle, provided that (a) the Vehicle in the same conditions of handover, has not been damaged and has not been driven for more than 500 kilometers, and (b) Cadillac will be entitled to retain the deposit as reimbursement of the intake cost.
The Customer will be entitled to the reimbursement of the deposit only if the right of withdrawal is exercised within 14 days from its payment.
5. Owner Manual and Warranty
The Customer acknowledges the Vehicle owner’s manual available at https://www.cadillaceurope.com/content/dam/cadillac/eu/ch/en/index/help/01-pdf/LYRIQ24OwnerManual-EU-EN.pdf ("Owner Manual") and commits to comply with the Owner Manual whenever using the Vehicle. A hard copy of the User Manual will be also provided upon handover of the vehicle. The Owner Manual may be updated and revised by Cadillac as new features become available for the Vehicle.
The Customer accepts Cadillac's warranty and service terms available at https://www.cadillaceurope.com/ch-en/faq#service (“Warranty Terms”). Cadillac may at any time change the Warranty Terms by informing the Customer beforehand of such change. In the absence of a written objection by the Customer to Cadillac within 30 days of receipt of the information about the change of the Warranty Terms, the changes of the Warranty Terms shall be deemed as accepted by the Customer.
The Warranty Terms supersede any statutory warranty and exclude any other claims towards Cadillac concerning the Vehicle to the maximum extent permissible under the applicable law.
If the Customer sells the Vehicle, the warranty rights will be transferred to the third-party Customer to the extent they are assignable to such third party and within the time of expiry of the original limited warranty period.
In addition to any other remedies under applicable laws, Cadillac may exercise one or more of the following remedies if the Customer breaches its obligations towards Cadillac in relation to the purchase of the Vehicle.
If the Customer does not settle the payment of the price within 7 calendar days from the date of receipt of the invoice, Cadillac may terminate the sale, cancelling the order of the Vehicle and retaining the Deposit as reimbursement of the costs already incurred.
If the Customer does not take delivery of the Vehicle upon Handover Date, Cadillac will reschedule the handover and charge to the Customer any reasonable additional costs, including the cost of deposit and maintenance of the Vehicle until actual handover. Following the Handover Date, the Customer will also bear the risk of loss or damage of the Vehicle (unless directly caused by Cadillac).
7. Force Majeure.
Neither Party shall be liable for any loss or damage arising out of any delay or failure in the performance of its obligations or the obligations in relation to the sale and purchase of the Vehicle the extent such delay or failure results from events beyond the control of that party, including, but not limited to, strikes, lockouts, wars, floods, earthquakes, pandemics or any circumstances beyond its reasonable control.
8. Customer Data and compliance
Cadillac will process the Customer’s personal data in accordance with the GM Europe Privacy Statement, available at https://www.cadillaceurope.com/ch-en/legal/privacy-statement (“Privacy Statement”). Cadillac has the right to amend and revise the Privacy Statement from time to time in line with applicable laws.
Cadillac may share personal data according to the Privacy Statement with third parties for verifying eligibility for the purchase of the Vehicle, or any related incentive programs, in conformity with its policies concerning compliance with export control and economic sanctions laws and regulations of Switzerland, European Union, United States, and any other relevant jurisdictions.
The Customer is informed that Cadillac will comply with all of its reporting and notification obligations in accordance with the applicable laws and regulations for combating money laundering and financial crime and may suspend or terminate the sale and Purchase of the Vehicle if so required by those laws and regulations.
9. Performance by third parties
Cadillac may engage third parties to perform all or any portion of its obligations relating to the sale of the Vehicle.
Cadillac may assign any of its rights relating to the sale of the Vehicle to affiliate companies controlled directly or indirectly by General Motors Company.
11. Right of first refusal
If the Customer will decide to sell the Vehicle, Cadillac will have a right of first refusal. To this purpose, the Customer shall offer the Vehicle to Cadillac at the price that she/he has been offered by a potential buyer. Cadillac will have a 7-days term to exercise its right of first refusal, accepting to purchase the Vehicle at the offered price. During this term, Cadillac will be entitled to send an authorized representative to inspect the Vehicle at the premises of the customer.
12. Governing law and jurisdiction
The sale and purchase of the Vehicle is subject to Swiss law. The Parties shall submit any related disputes to the exclusive jurisdiction of the ordinary courts of Zurich. Cadillac may also submit complains to the competent court at the Customer’s place of residence.