General Terms and Conditions of Sale (GTC)

Emotion's Drive > General Terms and Conditions of Sale (GTC)

1. Purpose

These General Terms and Conditions of Sale govern the contractual relationship between Emotion’s Drive Sàrl and any natural or legal person wishing to purchase a used vehicle, either through a direct sale or a consignment sale, from the Emotion’s Drive garage in Nyon.

Any order or purchase implies full and unconditional acceptance of these GTC.


2. Vehicles and Information

The vehicles offered for sale by Emotion’s Drive are used vehicles.

Each vehicle is accompanied by a descriptive sheet indicating the main characteristics: brand, model, year, mileage, price, options, and general condition.

Photographs and descriptions are provided for information purposes only and do not constitute a contractual commitment.

The Seller guarantees that the vehicle is free from any lien or encumbrance at the time of sale and that it complies with Swiss legislation in force.


3. Price and Payment

Prices are expressed in Swiss francs (CHF), including VAT, unless otherwise stated.

Payment is made according to the terms agreed upon in the sales contract:

  • cash (within legal limits),

  • bank transfer,

  • financing or leasing, subject to agreement with partner institutions,

  • or offsetting through a vehicle trade-in.

Ownership of the vehicle is transferred only after full payment of the agreed price.


4. Delivery

Delivery of the vehicle takes place in Nyon, at the premises of Emotion’s Drive, unless otherwise agreed.

Delivery times are given for information purposes only. The Seller cannot be held liable for delays caused by circumstances beyond its control (e.g. financing approval, administrative delays, etc.).


5. Legal Warranty and Commercial Warranty

5.1 Legal Warranty

In accordance with Articles 197 et seq. of the Swiss Code of Obligations (CO), the Seller is liable for defects existing at the time of sale that were not disclosed to the Buyer.

5.2 Emotion’s Drive Commercial Warranty

In addition, Emotion’s Drive grants a 6-month commercial warranty from the date of delivery of the vehicle.

This warranty covers mechanical or electronic defects not related to normal wear and tear, improper maintenance, or inappropriate use of the vehicle.

The warranty does not apply to:

  • wear-and-tear parts (tires, brakes, clutch, filters, etc.);

  • damage caused by accidents, negligence, or unauthorized modifications;

  • towing, immobilization, or transportation costs.

Any warranty-related repair must be carried out by Emotion’s Drive or by a garage approved by it, otherwise the warranty shall be void.


6. Trade-In and Consignment Sale

6.1 Trade-In

Emotion’s Drive may offer to take back a vehicle owned by the Buyer.

The trade-in value is agreed upon by both parties and may be deducted from the purchase price of the vehicle.

The trade-in offer becomes final after inspection of the vehicle by the Seller.

6.2 Consignment Sale

Emotion’s Drive offers a consignment sale service, allowing a vehicle owner to entrust their vehicle for sale.

In this case, the Seller acts as an intermediary. The terms (price, duration, commission, liability) are defined in a separate consignment agreement.


7. Right of Return / Withdrawal

Unless otherwise expressly agreed in writing, all sales are final upon signature of the sales contract and payment of the price.

No right of return, exchange, or withdrawal is granted after delivery of the vehicle.


8. Liability

The Seller cannot be held liable for:

  • indirect or consequential damages (loss of use, immobilization, travel expenses, etc.);

  • breakdowns resulting from improper use or insufficient maintenance of the vehicle after the sale.

The Buyer is required to comply with the manufacturer’s maintenance recommendations.


9. Financing

Emotion’s Drive may offer financing solutions through approved partner institutions.

The financing agreement is concluded directly between the Buyer and the financial institution and is not the responsibility of the Seller.


10. Data Protection

Emotion’s Drive processes customers’ personal data in accordance with the Swiss Federal Act on Data Protection (FADP).

Such data is used exclusively for administrative, contractual, and commercial management of the customer relationship and is disclosed to third parties only where legally or contractually required (e.g. financial partners).


11. Applicable Law and Jurisdiction

These GTC are governed by Swiss law.

In the event of a dispute, the parties shall seek an amicable solution.

Failing this, exclusive jurisdiction is assigned to the competent court of the District of Nyon (VD), Switzerland.


12. Amendments to the GTC

Emotion’s Drive reserves the right to amend these GTC at any time.

The version applicable is the one in force on the date of signing the sales contract.

Emotion’s Drive Sàrl
Used car dealership – Sales, trade-in, consignment and financing
Nyon (VD), Switzerland

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