VEHICLE SALE TERMS AND CONDITIONS

Customer agrees to purchase the vehicle with the accessories and service package selected at the time of ordering and submitted to Cadillac via the Digital Sales Platform, by email or otherwise ("Vehicle"). If the order is accepted by Cadillac, Cadillac will send an order confirmation to the Customer by email. The sale and purchase of the Vehicle becomes binding on the Parties when the Customer receives the order confirmation from Cadillac. It is understood that Cadillac is under no obligation to accept any orders and does not accept orders from vehicle dealers, retailers, professional taxi drivers or chauffeurs, or in the event of restrictions imposed by export controls or economic sanctions (see Section 8 below).

The price of the Vehicle will be shown in the order confirmation and is subject to statutory VAT, if applicable. Agreed ancillary services (e.g. transfer costs) will be charged additionally. 

With the order confirmation, Cadillac will send Customer a request for payment of the Order Fee, including VAT, as set forth in the order form ("Order Fee"). The Order Fee is required to process the order and will be deducted from the price. The customer must pay the Order Fee within 7 days of receipt of the payment request. After payment, Cadillac will provide the Customer with a payment confirmation with VAT for the order fee. The Order Fee is non-refundable, except in the case expressly stated in Section 4. The settlement and invoicing of the price of the Vehicle is carried out in accordance with the provisions of the next paragraph regarding the delivery of the Vehicle.

For the delivery of the Vehicle, Customer may choose to pick up the Vehicle at one of the locations designated by Cadillac and selected by Customer in the order form, or otherwise agreed in writing with Cadillac. The choice made at the time of the Customer's submission of the order form cannot be changed unilaterally.

With the acceptance of the order, Cadillac will communicate to Customer by e-mail estimated delivery terms, which are not binding on Cadillac. As soon as Cadillac determines when the Vehicle will be deliverable, Cadillac will notify Customer of the final delivery date ("Delivery Date"), along with a payment instruction for the price of the Vehicle less the Order Fee. The Customer must pay the price within 7 days of receipt of this notice. In the event of non-payment within these 7 days, Cadillac may terminate the purchase contract without further notice and cancel the order of the Vehicle. After payment, the Customer will receive a payment confirmation with VAT on the price.

Prior to the delivery date, Cadillac will ask the Customer to provide a power of attorney to register the vehicle 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 provide the Customer with all related documents upon delivery of the Vehicle.

On the day of delivery, the Customer must pick up the Vehicle at the location selected or agreed with Cadillac, immediately inspect the Vehicle for any defects and sign a receipt confirming the condition of the Vehicle. The acknowledgement of receipt must be signed on the same day of Vehicle pick-up. Ownership of the Vehicle and the associated risk of loss or damage pass to the Customer upon collection of the Vehicle by the Customer.

The Customer is entitled to cancel the order and, consequently, withdraw from the purchase of the Vehicle by sending their withdrawal notice to the e-mail address support@cadillaceurope.com and returning the Vehicle, if it has already been delivered, to the place of delivery within 14 days of the date of delivery of the Vehicle, provided that the Vehicle is in the same condition as when it was handed over, has not been damaged and has not been driven more than 100 kilometers. 
Cadillac may withhold the Order Fee as compensation for administration costs. The Order Fee is a predetermined compensation corresponding to the costs and losses incurred by GM in the event of Customer's withdrawal from the purchase of the Vehicle. In case of withdrawal, the Customer is only entitled to a refund of the Order Fee if they exercise their right of withdrawal within 14 days of their payment. This Section 4 applies only to online sales to consumers.

Customer acknowledges the Vehicle's owner's manual available at https://www.cadillaceurope.com/content/dam/cadillac/eu/ch/en/index/help/01-pdf/LYRIQ24OwnerManual-EU-EN.pdf ("Owner's Manual") and agrees to follow the Owner's Manual when using the Vehicle. A printout of the Owner's Manual will also be provided to the Customer when the Vehicle is delivered to the Customer. The Owner's Manual may be updated and revised by Cadillac at any time as new features become available for the Vehicle.

Customer accepts Cadillac's warranty and service terms available at https://www.cadillaceurope.com/ch-en/faq#service ("Warranty Terms"). Cadillac may modify the Warranty Terms at any time by notifying Customer of such change in advance. If the Customer does not object to Cadillac in writing within 30 days of receipt of the information about the change in the Warranty Terms, the changes to the Warranty Terms will be deemed to be accepted by the Customer.

The Warranty Terms supersede any statutory warranty and exclude any and all other claims against Cadillac with respect to the Vehicle, to the fullest extent permitted by applicable law. If the Customer sells the Vehicle, the Warranty Terms are transferred to the third-party buyer to the extent that they are transferable to the third-party buyer, and limited to the period during which the original warranty period runs.

In addition to any other remedies under applicable law, Cadillac may exercise one or more of the following remedies if Customer breaches their obligations to Cadillac in relation to the purchase of the Vehicle.

If Customer fails to pay the price within 7 days of receipt of the invoice, Cadillac may terminate the sale, cancel the order for the Vehicle, and retain the Order Fee as a refund for any costs already incurred.

If Customer fails to take delivery of the Vehicle on the Delivery date, Cadillac will reschedule the Delivery date and charge the Customer for all reasonable additional costs, including the cost of safekeeping and servicing the Vehicle until actual delivery. After the delivery date, the Customer also bears the risk of loss or damage to the Vehicle.

Neither party shall be liable for any loss or damage arising from any delay or failure to perform its obligations or those relating to the sale and purchase of the Vehicle, to the extent that such delay or failure is due to events beyond the control of the relevant party, including but not limited to strikes, lockouts, wars, floods, earthquakes, pandemics or other circumstances beyond their control.

Cadillac processes Customer's personal data in accordance with GM Europe's Privacy Policy, which is available at https://www.cadillaceurope.com/ch-en/legal/privacy-statement ("Privacy Policy"). Cadillac has the right to modify and revise the Privacy Policy from time to time in accordance with applicable laws. 

Cadillac may share personal data with third parties in accordance with the Privacy Policy for the purpose of verifying eligibility to purchase the Vehicle or related loyalty programs, in accordance with Cadillac's policies regarding compliance with export control and economic sanctions laws and regulations of Switzerland, the European Union, the United States and other relevant jurisdictions.

Customer understands that Cadillac will comply with all reporting and notification obligations under applicable anti-money laundering and anti-financial crime laws and regulations and may suspend or terminate the sale and purchase of the Vehicle if such laws and regulations so require.

Cadillac may engage third parties to perform all or part of its obligations in connection with the sale of the Vehicle.

Cadillac may assign any of its rights in connection with the sale of the Vehicle to subsidiaries directly or indirectly controlled by General Motors Company.

The sale and purchase of the vehicle is subject to Swiss law. The Parties submit all related disputes to the exclusive jurisdiction of the ordinary courts of Zurich or, for consumers, the ordinary courts of the Customer's place of residence. Cadillac may also apply to the competent court in Customer's place of residence.