1. Scope of Application & Contractual Partners
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions, orders, and contracts concluded via the online shop MILA Racing, operated by MILA Solutions Larocca(hereinafter referred to as “Seller”, “we”, or “us”).
The contractual partner is: MILA Solutions Larocca, Maienwis 35, CH-8493 Saland
We reserve the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall be decisive. Conflicting or deviating terms and conditions of the customer will not be recognized.
The product offering is directed at both consumers (end customers) and business customers (B2B). Deliveries are made exclusively to addresses in Switzerland, Liechtenstein, and selected EU countries (Germany, Italy, France, Austria).
The offer is valid as long as the product can be found in the online shop and/or while stocks last. Orders in quantities that are not customary for households may be rejected unilaterally by us without justification.
2. Product Specifications, Prices & Additional Costs
Product illustrations, images, photos, and information about products in advertisements, brochures, or in the online shop are for illustrative purposes only and are non-binding.
All prices are quoted in Swiss Francs (CHF) and are final prices. They include any statutory taxes as well as any advance recycling fees and packaging costs.
Customs & Import Duties for EU Shipping: Unless explicitly stated otherwise at checkout (e.g., DDP shipping), the customer is the importer for deliveries to the EU. Any foreign value-added taxes, customs duties, or import fees of the destination country are not included in the price and shall be borne entirely by the buyer.
Low-Order Surcharge & Shipping: The total price displayed at checkout is binding. Shipping costs are listed separately. Deliveries within Switzerland are free of shipping costs for order values of CHF 200.00 or more. We reserve the right to change prices at any time; the price at the time of the order is decisive.
3. Conclusion of Contract & Right of Refusal
The presentation of products and prices in the online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
A binding purchase offer (order) is submitted as soon as the customer completes the online ordering process and clicks the binding order button. The receipt of the automatically generated order confirmation via e-mail does not yet constitute an acceptance of the offer. It merely documents that the order has been received. The purchase contract only becomes legally binding when we explicitly confirm acceptance of the order via e-mail (shipping confirmation) or effectively hand over the product for shipment.
Every order is subject to the resolutive condition of non-deliverability or an incorrect price indication. We reserve the right to reject or cancel orders at any time without giving reasons, in particular in the event of suspected fraud, incomplete stock, or clerical or system errors regarding prices. In such cases, the customer will be informed immediately and any payments already made will be refunded in full. Further claims are excluded.
4. Availability & Delivery Dates
We attach great importance to providing up-to-date availability and delivery times in the online shop. However, production or delivery bottlenecks may lead to delays. All information regarding delivery times is therefore to be understood as non-binding guide values and without guarantee.
If we fall into delivery delay, the customer has the right to withdraw from the contract in writing (by e-mail) from the 30th calendar day since the originally announced, non-binding delivery date. Amounts already paid in advance will be refunded. Any further claims for damages due to delay in delivery or failure of delivery are excluded.
5. Shipment, Delivery & Inspection Duty
Shipment within Switzerland and Liechtenstein is generally carried out via Swiss Post (estimated delivery time 1–3 business days). International shipments to the EU (DE/IT/FR/AT) are handled via international transport service providers (estimated delivery time 3–7 business days).
In contracts with consumers, the risk of loss or damage to the goods (transfer of risk) passes to the customer at the moment the goods are physically handed over to the customer. For business customers (B2B), the risk passes to the buyer upon handover of the goods to the carrier. We are not liable for delays caused by the carrier.
The customer is obliged to inspect the delivered products for correctness, completeness, and visible delivery damage immediately upon receipt. Delivery damage, incorrect deliveries, or incomplete deliveries must be reported to us in writing (including photographic proof) within 5 calendar days from the date of delivery. The affected product must not be put into operation. It must be kept in its original packaging until the return process has been clarified.
6. Payment & Default in Payment
We accept the payment methods explicitly stated in the online shop (including Twint, PostFinance, Visa, Mastercard, Apple Pay, Google Pay). Processing is encrypted and secure via the certified payment service provider Wallee AG.
We do not store full credit card or payment details on our own servers at any time.
The payment method is charged directly upon completion of the order. If the payment fails or is not authorized by the payment provider, the order will be cancelled automatically and without notice.
The delivered products remain the property of MILA Solutions Larocca until full and legally binding payment of the entire invoice amount. We are entitled to make a corresponding entry in the registry of retention of title.
7. Statutory Right of Withdrawal (EU)
Consumers residing in the European Union (EU) have the statutory right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the consumer or a third party named by them takes possession of the goods. To exercise the right of withdrawal, EU customers must inform us of their decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or an e-mail). The details and the model withdrawal form can be viewed under our separate [Link to Right of Withdrawal / Cancellation Policy]. In the event of an effective withdrawal, we will promptly refund all payments received (excluding additional costs resulting from the choice of a type of delivery other than the cheapest standard delivery offered by us). The buyer shall bear the direct costs of returning the goods from the EU.
8. Voluntary Right of Return (for Switzerland & Liechtenstein)
There is no statutory right of withdrawal for customers residing and having a delivery address in Switzerland or Liechtenstein. We grant the customer a voluntary 14-day right of return from receipt of the goods, provided that the following conditions are cumulatively met:
The products are unused, undamaged, and show no signs of use.
The products are returned in their original packaging, including all accessories.
The return must be registered in advance with our customer service.
The costs and transport risk for the return of defect-free goods shall be borne entirely by the customer. After inspection of the returned goods, we will refund the purchase price. Damaged, incomplete, or used items will not be taken back and will be invoiced in full.
9. Warranty (Guarantee)
We grant a warranty period (guarantee) of 2 years from the date of delivery on the offered products. This period applies to material and manufacturing defects. Excluded from the warranty are wear-and-tear parts (e.g., batteries, rechargeable batteries, seals), software problems, as well as damage caused by improper, non-contractual, or unlawful storage, use, accidents, drops, moisture, lack of maintenance, or unauthorized modifications and repairs by the customer or third parties.
If a recognized warranty case exists, we will provide the warranty at our own discretion by:
- Free repair of the product.
- Partial or complete replacement with an equivalent (if applicable, also reconditioned) product.
- Replacement with a new product, or issuance of a credit note (up to the maximum amount of the original purchase price).
When sending in products with internal data storage, a complete loss of data must be expected. The customer is personally responsible for ensuring a proper prior backup of data. We assume no liability for data loss.
All further statutory provisions on material warranties (in particular rescission of sale [Wandelung] and reduction of purchase price [Minderung] according to the Swiss Code of Obligations) are excluded to the extent permitted by law.
10. Limitation of Liability
Liability is governed by the applicable statutory provisions. However, our liability as well as the liability of our vicarious agents and auxiliary persons is excluded in any case for:
Slight negligence.
Indirect damages, collateral damages, consequential damages, and lost profits.
Unrealized savings or damages resulting from delivery delays.
In any case, our total contractual or non-contractual liability per damaging event is limited to the effectively paid purchase price of the respective product. These limitations of liability do not apply to the extent that mandatory law conflicts therewith (in particular in cases of gross negligence, unlawful intent, intentional misconduct, or personal injury).
11. Intellectual Property & Copyright
All content of the online shop (texts, images, graphics, logos, designs, videos) is the property of MILA Solutions Larocca or the respective licensors and is protected by copyright, trademark law, and/or other protective rights.
Quasar® is a registered trademark of Ellea Ingegneria S.r.l. and is used in the online shop exclusively for product description purposes.
Any reproduction, distribution, processing, or other use of content from the online shop – even in extracts – is strictly prohibited without our express, prior written consent.
12. User Behavior & Account Termination
The use of automated systems or software to extract data from our online shop (screen scraping, data mining, etc.) is prohibited.
The customer undertakes to manage the customer account securely against misuse and to keep access data secret. Orders placed via the customer account shall be attributed to the holder of the account. In the event of violations of these GTC, fraudulent intent, abuse, or the placement of sham purchases, we reserve the right to block or terminate customer accounts at any time without giving reasons, or to cancel orders without compensation.
13. Data Protection
The collection and processing of personal data of the customer is carried out strictly in accordance with the provisions of the Swiss Data Protection Act (DSG) and, if applicable, the EU General Data Protection Regulation (GDPR).
Detailed information on this can be found in our separate Data Protection Declaration [Insert Link to Data Protection Declaration here], which forms an integral part of these terms and conditions.
14. Force Majeure
If we or our transport service providers are unable to fulfill our contractual obligations, or can only fulfill them with delay, due to events beyond our reasonable control (in particular natural disasters, strikes, war, official orders, pandemics, widespread infrastructure or transport network failures), this shall not be deemed a breach of contract.
In such cases, we are not liable for damages or delays; delivery deadlines shall be extended by the duration of the corresponding event.
15. Severability Clause
Should individual provisions of these GTC be or become wholly or partially ineffective, invalid, or unenforceable, the validity, effectiveness, and enforceability of the remaining provisions and the GTC as a whole shall remain unaffected thereby.
The ineffective provision shall be replaced by a legally permissible regulation that comes closest to the economic purpose of the original provision.
16. Applicable Law & Place of Jurisdiction
All legal relations between MILA Solutions Larocca and the customer shall be governed exclusively by substantive Swiss law. The provisions of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention / CISG) are explicitly excluded.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC and the contracts is Bauma (Zurich, Switzerland).
For lawsuits brought by consumers residing in Switzerland, the Swiss Jurisdiction Act applies. For consumers with permanent residence in the European Union (EU), the mandatory consumer protection regulations and places of jurisdiction of the respective EU country of residence shall apply.
17. Amendments to the GTC
The currently applicable and valid version of the GTC can be accessed permanently on this subpage of the online shop. We reserve the right to update the GTC at any time. Significant changes affecting registered customers with a permanent user account will be notified in advance via e-mail. For orders already placed, the version that was online at the time of the purchase conclusion shall always apply.
