General terms and conditions
These terms and conditions apply to all business relations initiated or completed on www.gartenmoebel.ch, between the selling party and its customers from Switzerland. The selling party is the VipLounge Home & Garden AG, headquartered in Cham (Switzerland).
The valid version of the contract terms and conditions at the moment of purchase is exclusively applicable. At the moment of contract completion the selling party's terms and conditions is the only valid and exclusively applicable version. Any other terms and conditions of the customer will not be accepted by the selling party.
Territorial scope of the offer, prices and ordering
2.1. All prices are in Swiss francs (CHF) including VAT and excluding delivery. Home delivery and collection costs are not included and must be paid separately.
2.2.Price changes and pricing errors reserved.
2.3. The offer of www.gartenmoebel.ch (like furniture, etc.) can be ordered via online shop exclusively. All personal information entered regarding the order must be valid and truthful. The client accepts the terms and conditions by order submission.
2.4. The order is final. The selling party confirms the purchase via email.
2.4. In case of an order cancellation by the customer, a cancellation fee of CHF 250.- will be charged.
Delivery conditions
3.1. The ordered goods can be collected as soon as possible, usually within 10-18 working days, as long as the item is in stock. Delivery of goods takes place only after payment has been received.
3.2. Upon order placement additional services like home delivery and collection must be indicated by the customer. Subject to receipt of payment, the ordered goods will be delivered to the provided address, usually within 10-18 working days. The scheduling of the delivery date demand flexibility from both sides - customer's and selling party's.
3.3. The selling party is entitled to partial deliveries.
3.4. If a product cannot be delivered within the delivery deadline set in above mentioned points 3.1. and 3.2. the customer will be informed immediately. If the delay exceeds 14 working days the customer has the right to cancel the contract within 5 days after notification. This does not apply to products for which the catalogue of www.gartenmoebel.ch explicitly mentions a longer delivery time.
3.5. The home delivery costs include the cost of home delivery of the purchased item(s) to the provided address in the order confirmation. The delivery requires a suitable road for a truck up to the unloading point.
3.6. Any risk and benefit in regards to the purchased goods pass to the customer once the good is collected or sent out for delivery. The customer is free to buy transportation insurance.
3.7. Delivery Deluxe
The purchased furniture is delivered by Viplounge GmbH's own delivery service. Two men will deliver the ordered goods to the provided address. They then assemble the furniture and place it wherever the client wishes. We take care of the disposal of any packaging material.
The buying party and the selling party must come to an agreement during the phone conversation about the delivery due date, whether the buying party desires a home or apartment delivery. The delivery truck must be able to get to the provided address. If the ordered goods turn out to be unable to be transported into the desired home (e.g. the entrance is too narrow), then our delivery service is allowed to leave the ordered goods in front of the home of the provided address. The buying party must make sure, that the ordered goods are able to be transported through the doors and stairs of said home. Delivery damages caused by narrow passages go into the buying party's responsibility.
We do not offer a delivery lift for goods. If one is needed for a delivery, it must be obtained by the buying party. Possible damages or incomplete deliveries are to be reported on-site by the buying party to the delivery service. Upon acceptance of the delivery, the buying party must verify the delivered goods' quality and completeness, and any complaint must be written down on the delivery note. You accept the delivery by signing the delivery note. Damages or incomplete deliveries cannot be reported retroactively. Additional delivery costs must be borne by the buying party.
Reservations cancelled latest 48 hours before the agreed delivery date are free of charge. Any later cancellation will generate costs of CHF 25.- borne by the customer. If our delivery service shows up at the provided address and at the fixed delivery date and there is no person there authorised to perform the acceptance of the delivery, the complete delivery costs must be borne by the buying party.
3.8 Collection by the customer
We will prepare the desired garden furniture in our showroom in Uznach. The collection date must be fixed by phone beforehand. The buying party is responsible for disposing of the packaging, picking the furniture up and loading the furniture into his/her vehicle.
The customer must report any damages or incompleteness on-site to the respective Viplounge GmbH employee upon collection. The buying party must verify the delivered goods' quality and completeness, and any complaint must be written down on the delivery note. You accept the delivery/collection with your signature. Damages or incomplete deliveries cannot be reported retroactively. Additional delivery costs must be borne by the buying party.
Reservations cancelled latest 48 hours before the agreed delivery date are free of charge. Any later cancellation will generate costs of CHF 25.- borne by the customer.
Terms of payment
4.1. In case of credit card payment the price for the purchase of goods and any other services, like home delivery and collection costs, are due immediately upon order confirmation receipt. Cash payment is due on delivery or collection.
4.2. Payment must be made only with Mastercard or Visa and is due before item collection or dispatching. Cash payment is due upon delivery or collection.
4.3. Only the credit card holder or a person entitled to its use can make the payment via credit card.
4.4. All invoiced amounts are to be paid in Swiss francs (CHF).
4.5 In the event of default, the client is also obliged to pay a delay interest of 5% per annum. In addition, the seller can charge a late payment fee to the amount of 20 Swiss Francs. Any further claims especially for the judicial enforcement of the due amount will be enforced without notice.
Guarantee
5.1 We grant a 24 months guarantee.
The guarantee applies to the construction of the garden furniture, under normal use and circumstances.
Any alteration of the purchased goods due to a natural ageing process or surface deterioration is not considered as a defect and is therefore excluded from the warranty. The warranty does also not cover any alterations in natural products, such as wood and leather, which lie within the range of natural colours, structures and other differences. If this case occurs, the customer is ineligible for refund. The warranty time begins with the delivery date and is valid for 1 year.
5.2 Outlet garden furniture
Discounted garden furniture offered on our outlet are not covered by our warranty.
Retention of title
6.1. Ownership of the goods will remain with the selling party until payment of all invoiced amounts is received. Furthermore, the selling party is entitled to list its entitlement in the according retention registry. The selling party is authorised to withdraw from the contract and is empowered to reclaim the goods, if the customer fails to meet the payment deadline.
Warranty and liability
7.1. For all objects of sale, the warranty period is 24 months from date of order, unless a different warranty period has been guaranteed.
7.2. The customer is obliged to immediately and carefully check all goods upon receipt and to notify the selling party in writing of any defects without delay. Otherwise any warranty claim will be denied as stated in point 6.4.
7.3. Any alteration of the purchased goods due to a natural ageing process is not considered as a defect and is therefore excluded from the warranty. The warranty does also not cover any alterations in natural products, such as wood and leather, which lie within the range of natural colours, structures and other differences. The warranty does also not cover any differences of the ordered good from the photographs and illustrations on the website www.gartenmoebel.ch.
7.4. The customer has an exclusive right to repair, but not on replacement (conversion) or price reduction of the defective goods. The selling party not only reserves the right to review the item in question immediately but also to decide whether the item will be repaired or, out of goodwill, replaced with a fully functioning product. The customer loses the right to demand amendment of the item in question if any modification has been done without the written consent of the selling party. Moreover, the item should not be used or installed in case any defect is detected.
7.5. Any further claims for damages are explicitly excluded in line with Swiss law. In particular, the selling party is not liable for any damages caused by natural abrasion, improper use, as well as damages not caused directly to the delivered goods. Furthermore, the selling party does not take any liability for lost profits, indirect or direct losses, which may arise to the customer or a third party.
Right of return and cancellation of the contract
8.1. The return of items with no damages is not permitted. A right of return is only allowed in case of wrongly delivered goods. The selling party reserves all rights in case of changes in design or in technical areas which do not disadvantageously affect the function and quality of the item in question.
8.2. The selling party has the right to cancel the contract without offering any compensation in the event that an item is either not available or cannot be delivered.
8.3 Goods ordered in the outlet, as well as discounted goods cannot be returned. Free goodies are excluded from the right of complaint.
Privacy policy
9.1. The customer agrees that all personal data for order, delivery, billing, accounting and other internal purposes are filed and processed. This information is not shared with third parties unless it is necessary for the contract processing.
Intellectual property
10.1. All images, graphics, other contents and designs of www.gartenmoebel.ch are protected by copyright. Reproducing, copying or printing of the webpages from the online shop www.gartenmoebel.ch are only allowed in connection with the order. Any further mean of processing, copying, distributing or other ways of reproduction are prohibited.
Jurisdiction
11.1. All contracts concluded with the selling party are subject to Swiss law exclusively. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is hereby explicitly excluded.
11.2. Jurisdiction for disputes arising under the contract is Wollerau, unless mandatory legal provisions indicate the contrary.
Viplounge Home & Garden AG
Wilen, January 2014
