1. Scope
These Terms & Conditions (T&C) apply to the GOWAGO platform accessible
without limitation at gowago.ch (the Platform),
and any services available through the Platform (the Services), which
are provided by GOWAGO AG, Josefstrasse 216, 8005, Zürich, Switzerland
(we, our or GOWAGO).
2. The Platform
The Gowago Platform is a digital car e-commerce platform allowing anyone
to get for a monthly price any of the cars displayed on the Platform,
for the displayed price, and to choose amongst several services we offer
in connection with this process (such as our “trade-in” service). In
addition, Users can subscribe to our “All-in-one services”, which
combine insurance, taxes, servicing, tyres, and an extended warranty for
car leasing.
3. Terms of Access
3.1. Acceptance
Any access to, and use of, the Platform, the Services, or any content
available on the Platform (the Content), are subject to acceptance of
these T&C. Anyone who accesses and/or uses the Platform, the Services
and/or the Content (a User or you) acknowledges having read, understood
and agreed to these T&C.
3.2. Legal entities
Any use of the Platform on behalf of a legal entity is deemed acceptance
of these T&C also for this legal entity. By using the Platform or by
creating an Account (art. 3.5 T&C) on behalf of a legal entity, you
confirm that you are duly authorized to do so and have the capacity to
bind this legal entity. In this case, these T&C apply to you and your
organization (both referred to as “you” in this document)
3.3. Personal prerequisites
The Platform and the Services may only be used by persons who are at
least 18 years or of legal age and whose official residence is in
Switzerland.
3.4. Equipment
You are responsible for procuring at your expenses the equipment and
software (computer, software, telecommunication means, etc.) required to
access the Platform, and for the payment of any costs incurred through
their use.
3.5. Account
Certain features of the Platform may only be available to users having
created a personal account (the Account) and being logged-in to their
Account. Accounts may only be created by or on behalf of one single
person (either an individual or an entity) and shall be used only by or
on behalf of that person. You are not authorized to create multiple
Accounts, or to share, sell or buy an Account.
4. Users’ General Duties and Responsibilities
4.1. Compliance and Restrictions
You must at all times comply with these T&C and all laws and regulations
applicable to your use of the Platform and Services. Subject to
mandatory law to the contrary, you are not allowed to:
4.2. Accuracy
You warrant that all information you provide in the registration process
or otherwise is true, accurate, and not misleading. You must keep such
information up to date at any time.
4.3. Confidentiality
If you have an Account or have received credentials to perform certain
actions on the Platform (such as filling out a lease application), you
are responsible for the quality and confidentiality of your credentials
and for the use that is made of using such credentials, including any
third party's use irrespective of whether you authorized such use or
not. You are fully liable for any losses and/or damages that may result
from any such use. You must immediately notify us of any unauthorized
access of your Account or unauthorized use of your credentials, or any
other breach of security.
4.4. Non-compliance
Without limiting the rights otherwise provided under these T&C, in the
event of non-compliance with these T&C, we reserve the right to refuse
you access to the Platform, suppress your Account (if you have one), or
refuse to provide the Services.
5. Vehicles Presentation and Prices
5.1. Images and Descriptions
We describe the vehicles on the platform as accurately as possible.
However, the images displayed on the platform are indicative only and
have no binding contractual effect. The images of the vehicles may
differ from the actual vehicle, its condition, color, or final
configuration.
Vehicle images and illustrations displayed on the platform, as well as
associated vehicle information (including vehicle details, vehicle
overview, and equipment list), originate from the respective vehicle
dealer. Gowago may process or enhance these images — including through
automated or AI-assisted tools — for presentation purposes, such as
background standardization. Where such processing has been applied, the
original dealer-provided image remains accessible to users upon request,
allowing for direct comparison with the processed version.
Gowago reproduces and processes vehicle information and images without
independent verification of their accuracy, completeness, or timeliness.
We therefore accept no liability for inaccuracies in the underlying
vehicle descriptions or illustrations as provided by the dealer, nor for
any unintentional discrepancies introduced through image processing. For
any questions regarding vehicle details, availability, or pricing, users
are encouraged to contact Gowago directly through the platform.
5.2. Availability
We will in general state when vehicles and equipment are not available.
However, their availability is not guaranteed and requests are placed
subject to availability.
5.3. Equipment
Although we always try to list the equipment of each car on our platform
completely and correctly, errors may occasionally occur. We therefore
accept no liability for the completeness, accuracy, and timeliness of
the equipment list of the vehicles shown on the platform. You should
carefully check the equipment when your car is delivered and list any
missing equipment in the handover report. gowago will cover the cost of
missing equipment up to CHF 1,500. If nothing is noted in the handover
report, gowago will not cover the costs.
5.4. Prices
Unless otherwise stated, the prices displayed on the Platform are in
Swiss francs (CHF), including VAT. Most of the time, the prices
indicated on the Platform will be correct and final. However, we may
have to adapt the prices in certain circumstances. This may be the case
if the information we received from you was incomplete and inaccurate,
if you changed your parameters, in case of changes by our partners
between the moment you submit your initial request and the finalization
of your application, or in case of technical errors. We therefore
reserve the right to modify the prices and other financial terms during
the leasing application process. The actual prices applicable to your
lease will be those indicated on your Contracts. You have the
possibility to cancel your application prior to signing the Contracts if
you are not satisfied with the updated price.
5.5. Promotional codes
We may from time to time offer to certain Users promotional codes.
Promotional codes have a limited period of validity and can not be used
in combination with other promotional codes or any other discount
granted.
5.6. Additional costs
Prices displayed on the Platform are in general inclusive of all costs.
However, they do not include the fees for the car delivery services,
which you may optionally require. The fees applicable to such services,
if relevant to your order, will be indicated in your Contracts.
6. Lease Application and Request for Additional Services
6.1. IMPORTANT INFORMATION – OVER-INDEBTEDNESS
THE GRANTING OF CREDIT IS PROHIBITED IF IT LEADS TO OVER-INDEBTEDNESS OF
THE CONSUMER (Art. 3 of the Unfair Competition Act). You should not
request a leasing or loan if your financial situation does not allow it.
A prerequisite for the granting of credit is in any case a successful
creditworthiness check which will be carried out by us and our partners.
6.2. IMPORTANT INFORMATION – ORDER PROCESS
After having selected a vehicle and leasing conditions, you can start a
lease application and request additional Services on the Platform.
By clicking on the “Start My Application”, you acknowledge and agree
that you initiate a contractual process with the view of entering into a
lease agreement and that we and our partners will need to take
precontractual steps at your request in order to process your request,
as described in these ToU and on the Platform. This includes in
particular conducting credit checks with the helps of our partners to
verify your eligibility for a loan (see section 6.3) and the sharing of
information with Migros Bank (see Section 6.5).
The lease conditions selected at the beginning of your application
process (type of vehicle, lease duration, mileage, etc.) will continue
to apply, unless a modification in made in accordance with these T&C.
6.3. Information
As part of your application process, you must fill in the information
and upload the documents which will be requested on the Platform. You
have the possibility to save your information at each step of the
process to reuse it at a later moment if you must temporarily suspend
it. We will also save your information when you complete all fields of a
step and move to the next one. If you leave the Platform in the middle
of a step, the information of this one will not be saved. In any event,
we will delete incomplete requests after a period of time, in accordance
with our privacy notice. If we have your contact details, we will inform
you in advance to allow you to complete your application.
6.4. Verification and Credit Checks
In order to verify your eligibility for a lease or similar services, we
will need to review the information you have provided and conduct credit
checks. To this end, we will process your information and share it with
our partners as specified in our privacy notice and below in section
6.5.
6.5.1 Private Lease with Migros Bank
GOWAGO AG works as an exclusive cooperation partner together with Migros
Bank AG within the framework of lease financing, which requires the
exchange of data between Migros Bank AG and GOWAGO AG as well as
additional third parties (e.g. vehicle supplier), for the purpose of
processing the lease financing (including the contract initiation
phase). The customer is aware that GOWAGO AG hosts the customer data
with a cloud service provider in the USA and uses corresponding software
(for example, from PandaDoc based in San Francisco, California, with
branches in Minsk, Belarus and St. Petersburg, Florida) to apply their
signature to documents (which may also contain bank customer data). In
addition, the customer acknowledges that Migros Bank AG cooperates with
external partners for the purpose of carrying out the creditworthiness
checks required for lease financing, and for the purpose of enabling
video identification and the electronic signing of bank documents.
Accordingly, the customer acknowledges and expressly consents to the
following conditions.
The customer confirms that their details are complete and accurate, that
they are in good health, capable of working and in an ongoing employment
relationship, and that they have acknowledged the general information
from Migros Bank AG on data protection (available under
https://www.migrosbank.ch/grundlagen). If the customer provides
information about third parties within the scope of the lease
application, the customer is responsible for ensuring that the concerned
individuals have given their consent.
The customer agrees that information may be sent unencrypted to their
e-mail address for the purpose of processing the lease financing
(including the contract initiation phase), whereby third parties could
deduce a banking relationship.
Within the scope of lease financing (including the contract initiation
phase), the customer fully releases Migros Bank AG from bank client
confidentiality towards GOWAGO AG (and towards any additional third
parties involved if required for the present purposes), and agrees to
the necessary mutual exchange of data between Migros Bank AG and GOWAGO
AG (and any additional third parties that might be involved) in the
procedures for lease contract processing as well as additional
(verification) procedures associated with lease financing. The data may
also be used by these third parties for the purposes of executing the
vehicle order, payment processing, product installation, customer
service, marketing and finance activities, maintenance and repair
services and other similar services.
The customer authorises Migros Bank AG to collect all the information
that is necessary for reviewing the lease application and for processing
the lease contract from public authorities, the Central Office for
Credit Information (ZEK), the Information Centre for Consumer Credit
(IKO), the employer and additional third parties (such as credit
information service providers, e.g. CRIF AG) and to issue information to
the same. Once this information is transmitted, Migros Bank AG no longer
has any control over it and it may no longer be protected by bank client
confidentiality. The customer releases Migros Bank AG from the
obligation of secrecy and bank client confidentiality in this respect,
and consents to the forwarding of their data for this purpose.
For the purpose of enabling the qualified electronic signing of lease
financing contract documents and the required prior video identification
of the customer, Migros Bank AG works with Intrum, IDnow and QuoVadis,
which process the personal data transmitted for these purposes along
with the sound and video recordings that are created during a subsequent
step. The customer releases Migros Bank AG from bank client
confidentiality in this respect, and consents to the forwarding of their
data for this purpose to the specified partners.
This section 6.5 only applies to lease financing. If you opt for a car
abonnement (subscription), GOWAGO will be your contractual partner for
the abo Contract and this section 6.5 will not apply. As already stated
in section 6.1 above, the granting of credit is prohibited if it leads
to over-indebtedness (Art. 3 UCA).
6.5.2 Business Lease with Migros Bank
GOWAGO AG works as an exclusive cooperation partner together with Migros
Bank AG within the framework of lease financing, which requires the
exchange of data between Migros Bank AG and GOWAGO AG as well as
additional third parties (e.g. vehicle supplier), for the purpose of
processing the lease financing (including the contract initiation
phase). The customers are aware that GOWAGO AG hosts the customer data
with a cloud service provider in the USA and uses corresponding software
(currently from PandaDoc based in San Francisco, California, with
branches in Minsk, Belarus and St. Petersburg, Florida, among others)
for signing documents (which may also contain bank customer data).
Furthermore, the customers acknowledge that Migros Bank AG cooperates
with external partners for the purpose of carrying out the
creditworthiness checks required for lease financing, and for the
purpose of enabling video identification and the electronic signing of
bank documents. Accordingly, the customers acknowledge and expressly
consent to the following terms.
The customers confirm that their details are complete and true, and that
they have acknowledged the general information from Migros Bank AG on
data protection (available under
https://www.migrosbank.ch/grundlagen). If information about employees,
bodies, shareholders or third parties is provided within the scope of
the lease application, the customers are responsible for ensuring that
the concerned individuals have given their consent.
The customers agree that information may be sent unencrypted to their
e-mail address for the purpose of processing the lease financing
(including the contract initiation phase), whereby third parties could
deduce a banking relationship. Within the scope of lease financing
(including the contract initiation phase), the customers fully release
Migros Bank AG from bank client confidentiality towards GOWAGO AG (and
towards any additional third parties involved if required for the
present purposes), and agree to the necessary mutual exchange of data
between Migros Bank AG and GOWAGO AG (and any additional third parties
that might be involved) in the procedures for lease contract processing
as well as additional (verification) procedures associated with lease
financing. The data may also be used by these third parties for the
purposes of executing the vehicle order, payment processing, product
installation, customer service, marketing and finance activities,
maintenance and repair services and other similar services.
The customers authorise Migros Bank AG to collect the information that
is necessary for reviewing the lease application and for processing the
lease contract from public authorities (such as debt enforcement offices
or the Directorate General of Customs) and additional third parties
(such as credit information service providers, e.g. CRIF AG) and to
issue information to the same. Once this information is transmitted,
Migros Bank AG no longer has any control over it and it may no longer be
protected by bank client confidentiality. The customers release Migros
Bank AG from the obligation of secrecy and bank client confidentiality
in this respect, and consent to the forwarding of their data for this
purpose. For the purpose of enabling the qualified electronic signing of
lease financing contract documents and the required prior video
identification, Migros Bank AG works with Intrum, IDnow and QuoVadis,
which process the personal data transmitted for these purposes along
with the sound and video recordings that are created during a subsequent
step. The customers release Migros Bank AG from bank client
confidentiality in this respect and consent to the forwarding of their
data for this purpose to the specified partners.
6.6. Private Credit Application Conditions of Migros Bank AG
GOWAGO AG works as an exclusive cooperation partner together with Migros
Bank AG within the framework of private lending, which requires the
exchange of data between Migros Bank AG and GOWAGO AG as well as
additional third parties (e.g. vehicle supplier), for the purpose of
processing the private loan contract (including the contract initiation
phase). The customer is aware that GOWAGO AG hosts the customer data
with a cloud service provider in the USA and uses corresponding software
(for example, from PandaDoc based in San Francisco, California, with
branches in Minsk, Belarus and St. Petersburg, Florida) to apply their
signature to documents (which may also contain bank customer data). In
addition, the customer acknowledges that Migros Bank AG cooperates with
external partners for the purpose of carrying out the creditworthiness
checks required for private lending, and for the purpose of enabling
video identification and the electronic signing of bank documents.
Accordingly, the customer acknowledges and expressly consents to the
following conditions.
The customer confirms that their details are complete and accurate, that
they are in good health, capable of working and in an ongoing employment
relationship, and that they have acknowledged the general information
from Migros Bank AG on data protection (available under
https://www.migrosbank.ch/grundlagen). If the customer provides
information about third parties within the scope of private lending, the
customer is responsible for ensuring that the concerned individuals have
given their consent.
The customer agrees that information may be sent unencrypted to their
e-mail address for the purpose of processing the private loan contract
(including the contract initiation phase), whereby third parties could
deduce a banking relationship.
Within the scope of issuing and processing the private loan contract
(including the contract initiation phase), the customer fully releases
Migros Bank AG from bank client confidentiality towards GOWAGO AG (and
towards any additional third parties involved if required for the
present purpose), and agrees to the necessary mutual exchange of data
between Migros Bank AG and GOWAGO AG (and any additional third parties
that might be involved) in the procedures for processing the private
loan as well as additional (verification) procedures associated with
private lending. The data may also be used by these third parties for
the purposes of executing the vehicle order, payment processing, product
installation, customer service, marketing and finance activities,
maintenance and repair services and other similar services.
The customer authorises Migros Bank AG to collect all the information
that is necessary for reviewing the private loan application and for
processing the private loan contract from public authorities, the
Central Office for Credit Information (ZEK), the Information Centre for
Consumer Credit (IKO), the employer and additional third parties (such
as credit information service providers, e.g. CRIF AG) and issue
information to the same. Once this information is transmitted, Migros
Bank AG no longer has any control over it and it may no longer be
protected by bank client confidentiality. The customer releases Migros
Bank AG from the obligation of secrecy and bank client confidentiality
in this respect, and consents to the forwarding of their data for this
purpose.
For the purpose of enabling the qualified electronic signing of private
loan contract documents and the required prior video identification of
the customer, Migros Bank AG works with Intrum, IDnow and QuoVadis,
which process the personal data transmitted for these purposes along
with the sound and video recordings that are created during a subsequent
step. The customer releases Migros Bank AG from bank client
confidentiality in this respect, and consents to the forwarding of their
data for this purpose to the specified partners.
It is prohibited to issue credit if it will lead to over-indebtedness
(Art. 3 Act against Unfair Competition (UWG)).
6.7. Additional Services
We offer various additional Services which you may optionally request,
such as our “trade-in” Service (purchase of your car) and our
“All-in-One”. The Services are provided by us, but we may use in this
context external partners acting as our sub-contractors.
6.8. Execution of Contracts
To the extent your request is accepted, you will receive an email with a
link to access and sign online the relevant Contracts (such as our lease
or abo Contracts, as well as additional Contracts depending on the
Services you requested). You should carefully review the Contracts prior
to signing them.
Once your Contracts are executed, they will govern the contractual
relationship regarding their subject matter, to the exclusion of these
ToU or any other information that was shared with you prior to them
(such as information on the website).
6.9. Order Confirmation or Rejection
Once the Contracts have been validly executed by all parties, and any
required prepayment has been made, we will send you a written
confirmation thereof. The Contracts will only be deemed validly executed
once this confirmation is sent by us. If for any reason prior to that we
must reject or cancel your request, we may do so without liability to
you, in which case you will be notified by email and will no longer be
bound by your order.
6.10. Delivery
Unless other specified in the Contracts, you must picked up your vehicle
at the partner location designated in your Contract. We may offer for a
fee a delivery services, in which case the vehicle will be delivered to
the address you designated. Delivery dates are provided for indicative
purposes only. We reserve the right to contact you for further
information regarding your delivery.
6.11. Inspection and Acceptance
You are required to inspect the vehicle with all due care immediately
upon pick up and to object to any defects affecting them.
7. Data protection
We have issued a privacy notice, accessible at Privacy
policy, which describes
how personal data is collected through the Platform and for what
purposes. That privacy notice, as amended from time to time, forms an
integral part of these ToU.
8. Support, Maintenance, and Availability
8.1. Support
If you encounter any problem regarding the Platform, you may submit a
request to our support team by email at info@gowago.ch and we will
revert as soon as possible.
8.2. Maintenance and Availability
We will continuously seek to identify and attempt to resolve problems
which may negatively affect the proper functioning and availability of
the Platform, the Services and the Content. Although we will use
reasonable endeavors to maintain their availability, we do not guarantee
it.
9. Intellectual property
9.1. Title to IP
We and our licensors own the copyright and all intellectual property
rights in and to the Platform, the Services and the Content.
9.2. License
Subject to your compliance with these ToU and any additional applicable
terms referred to on the Platform, we grant you a non-exclusive,
non-transferable, non-assignable, revocable and limited license, without
the right to sublicense, to access the Platform and the Content for your
own personal use, strictly for the purpose of using the Platform and the
Services in accordance with these ToU. Except as stipulated otherwise in
these ToU, you are expressly prohibited from using the Platform or the
Services on behalf or for the benefit of any third-party. We and/or our
licensors reserve all rights to the Platform, the Content and the
Services not expressly granted herein.
9.3. Third-Party Content
The Platform and Services may contain Content and/or software components
developed, distributed and/or licensed by third parties (Third-Party
Content). Such Third-Party Content is licensed to you under the
applicable terms and conditions of the respective third-party. We will
use our best efforts to identify any Third-Party Content. Nothing in
these ToU restricts, limits or otherwise affects any rights or
obligations that you may have, or conditions to which you may be
subject, under any applicable open source licenses to any open source
software which may be incorporated in and/or provided together with the
Platform.
9.4. Infringement
If you think that the Platform, the Content or the provision of any
Services infringe on any copyright or other intellectual property right,
you may at all times contact us at info@gowago.ch and we will
investigate your request.
10. Warranty
10.1. Principle
The Platform, the Services and the Content are provided to you “as is”
and “as available”. To the maximum extent permitted by applicable law,
we expressly disclaim, and you waive, all warranties of any kind,
whether express or implied, including, without limitation, any implied
warranties of fitness for a particular purpose, quality, quiet enjoyment
and non-infringement of third-party rights, or availability of the
Platform, Services or Content. In Particular, we make no warranty,
express or implied, commitment or representation that (i) the Platform
will meet your needs, (ii) the operation of the Platform will be
uninterrupted, secure or error-free, (iii) the information and Content
available on the Platform will be current, accurate, true or complete,
(iv) the Services and results that may be obtained from the use of the
Platform will be accurate or reliable or (v) we will ensure continued
compatibility of the Platform with any third-party products, even if
they were compatible at any given moment. You access and use the
Platform and the Services at your sole risk.
10.2. Downloads
Any document or Content downloaded or obtained through the use of the
Platform is at your own risk and you will be solely responsible for any
damage to your computer system or loss of data resulting from such
downloads.
10.3. Third-party content
The Platform may contain contents provided or maintained by third
parties, or links to such contents. These links are provided solely as a
convenience to the Users and not as an endorsement by us of such
contents. We assume no responsibility or liability in relation
therewith.
10.4. Internet
The use of the Internet involves risks, in particular that the data
transmitted may be intercepted, altered or deleted. By using the
Website, you accept these risks. We decline all responsibility in this
respect.
11. Liability
11.1. Principle
You expressly acknowledge and agree that, to the extent permitted by
law, we shall not be liable for any direct or indirect damages,
including but not limited to damages arising under tort law, loss of
profits, loss of use, loss of data or other intangible losses (even if
we have been advised of the possibility of such damages) resulting from:
(i) the use, unavailability or inability to use the Platform or the
Services, (ii) the unauthorised access to or alteration of your data,
(iii) declarations or actions of any third party on or in connection
with the Platform, (iv) the Content available on the Platform, as well
as all linked websites and all documents disseminated on the Platform,
(v) any other cause relating to the Platform.
11.2. Limitation of liability
Without prejudice to the foregoing limitations, our liability for
indirect and/or consequential losses or damages is expressly excluded
(including but not limited to lost profit, commercial loss, loss of
turnover or profit, loss of customer base, loss of opportunity or the
cost of obtaining a substitute product or service) in connection with or
arising out of the non-performance or improper performance of a Service
, insofar as such exclusion is permitted under applicable law.
Furthermore, our liability is limited to the maximum price actually paid
for the Service.
12. Indemnity
You undertake to indemnify and hold us, our partners and employees
harmless against any and all liability, loss, damage, claim, penalty,
fine, costs and expenses, including but not limited to reasonable
attorneys' fees, resulting from your breach of these ToU, whether or not
you are at fault, in particular if you use the Platform in breach of
these ToU.
13. Amendment and suspension
13.1. In General
We reserve the right at any time, without having to specify any
particular reason, to temporarily or permanently modify or discontinue
the Platform, any Content or any Service, with or without notice,
without incurring any liability.
13.2. Account
If you have an Account, we may, at our sole discretion, temporarily or
permanently suspend, cancel or terminate your Account, any information
relating therewith, and/or your access and/or use to all or part of the
Platform, with or without notice and for any reason, including, without
limitation, breach of these ToU, without incurring any liability.
14. Miscellaneous
14.1. Severability clause
If any provision of these ToU is or becomes invalid, unenforceable or
non-binding, this shall not affect any other provision thereof. In such
event, such invalid, unenforceable or non-binding provision shall
nonetheless be enforced to the fullest extent permitted under applicable
law, insofar as the invalid, unenforceable or non-binding provision
shall be replaced by a valid, enforceable and binding provision
reflecting to the greatest extent possible the intent of the original
provision.
14.2. Assignment
You shall not assign or transfer any of your rights or obligations under
these ToU. We may assign or transfer any right or obligation or
subcontract the performance of any of our obligations under these ToU to
any third party at any time without your prior consent.
14.3. Force Majeure
We cannot be held liable for failure or delay in fulfilling our
obligations due to force majeure events such as natural disasters of a
substantial magnitude, wars, governmental or official acts, riots,
strikes, epidemics or pandemics, or breakdowns of electrical or
telecommunications networks. If such an event occurs, we will inform you
immediately.
14.4. No waiver
Any delay or failure by GOWAGO to apply all or part of the provisions of
these ToU, regardless of the frequency and duration thereof, shall not
be deemed a general waiver thereof.
14.5. Waiver of Kickback - only applicable if any of gowago products
are bought in a dealership that partners with gowago directly
GOWAGO collaborates with dealerships and Migros Bank. GOWAGO is
performing various tasks on behalf of Migros Bank such as, but not
limited to, collection of data, checking and creation of contracts and
customer support. For these tasks, Migros Bank compensates GOWAGO a
percentage of 1-10% of the net financing amount ((Net financing amount =
Car price – initial payment + Residual value) /2)). If you acquire a
GOWAGO product through a dealership, the dealership, on behalf of
GOWAGO, helps on various tasks such as customer support, and data
gathering, and GOWAGO pays a part of the commission to the dealership in
return for the work performed ranging from 0.5% to 3% of the net
financing amount. By accepting the ToU, you acknowledge these
transactions and waive any claim to payment in connection with them.
14.6. Waiver of Kickback - only applicable if any of gowago’s products
are bought via Tesla.com
GOWAGO collaborates with Tesla and Migros Bank. GOWAGO is performing
various tasks on behalf of Migros Bank such as, but not limited to,
collection of data, checking and creation of contracts and customer
support. For these tasks, Migros Bank compensates GOWAGO a percentage of
1-6% of the net financing amount ((Net financing amount = Car price –
initial payment + Residual value) /2)). By accepting the ToU, you
acknowledge this compensation and waive any claim to payment in
connection with it.
14.7. Waiver of Kickback - only applicable if any of gowago’s products
are bought via gowago.ch directly
GOWAGO collaborates with Migros Bank. GOWAGO is performing various tasks
on behalf of Migros Bank such as, but not limited to, collection of
data, checking and creation of contracts and customer support. For these
tasks, Migros Bank compensates GOWAGO a percentage of 1-6% of the net
financing amount ((Net financing amount = Car price – initial payment +
Residual value) /2)). By accepting the ToU, you acknowledge this
compensation and waive any claim to payment in connection with it.
15. Applicable law, jurisdiction and venue
15.1. Applicable law
These ToU and the relationship between you and us, shall be governed by
Swiss law, to the exclusion of its conflict of laws rules and the Vienna
Convention on the International Sale of Goods.
15.2. Jurisdiction
The competent courts at the registered office of GOWAGO have exclusive
jurisdiction to settle all disputes in connection with these ToU,
subject to any mandatory forum prescribed by law. Notwithstanding the
preceding, nothing in these ToU prevents us from seeking injunctive
relief or any other remedy available at law in any jurisdiction in case
of any infringement of our intellectual property rights.
16. Contact
For any questions regarding the Platform or the ToU, you may contact us
at by email info@gowago.ch and we will respond as soon as possible.
You may also call customer services from Monday to Friday from 9am to
6pm Swiss time, at +41 44 461 13 44. Our
customer service is available in English, French and German.
17. Translations Amendments
17.1. Translations
The original language of these ToU is English. Any translation made
available is for convenience only. In case of conflicts between the
original English version and any translation, the English version shall
prevail.
17.2. Amendments
These ToU may be amended from time to time, in which case you will be
notified by any appropriate mean (including via e-mail, or via the
Platform, e.g. through banners, pop-ups or other notification
mechanisms). Any use of the Platform subsequent to this notification
shall constitute acceptance of the ToU, as amended.