AGB

    • 1 Scope

    For the business relationship between eversmart products Handels GmbH (mein-stehtisch.ch) and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions are not recognized.

    • 2 Conclusion of contract

    (1) The following regulations on the conclusion of the contract apply to orders placed via our Internet shop mein-stehtisch.ch/agb.

    (2) In case of conclusion of the contract, the contract is concluded with eversmart products Handels GmbH, Schindellegistrasse 65, 8808 Pfäffikon SZ, registration number (UID): CH-159.620.861 Register Court: Commercial Register Office of the Canton of Schwyz.

    (3) The presentation of the goods in our internet store does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

    (4) Upon receipt of an order in our Internet store, the following provisions shall apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store. The order is placed in the following steps: 1) Selection of the desired goods 2) Confirmation by clicking the button "Order now" 3) Checking the information in the shopping cart 4) Pressing the "checkout" button 5) Logging in to the Internet store after registering and entering the login details (e-mail address and password). 6) Checking again or correcting the respective entered data. 7) Binding submission of the order by clicking the button "order with costs" or "buy" Before the binding submission of the order, the consumer can, by pressing the "back" button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the ordering process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer. (5) Storage of the contract text for orders via our Internet store : We store the contract text and send you the order data and our terms and conditions by e-mail. You can also view the GTC at any time at mein-stehtisch.ch/agb.

    • 3 Delivery

    (1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here within 4 working days. In this case, the delivery period begins in the case of payment in advance on the day after the payment order to the bank entrusted with the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.

    (2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item is handed over to the Buyer, even in the case of a sale by delivery to a place other than the place of performance.

    • 4 Duty to test

    4.1 Testing

    The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.

    4.2 Testing at forwarding agent

    In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery bill.

    4.3 Message

    Delivery damages, incorrect and incomplete deliveries / assemblies must be objected to in writing by e-mail within 5 calendar days from the time of collection or delivery and documented accordingly. The customer may not put such a product into operation. It must keep it in its original packaging as received and must contact eversmart products Handels GmbH .

    • 5 Return

    5.1 Voluntary right of return

    Eversmart products Handels GmbH attaches great importance to ensuring that customers like the products they buy. Eversmart products Handels GmbH therefore grants a voluntary 30-day right of return. For as-new goods without signs of use that are returned with the original packaging, eversmart products Handels GmbH will refund the full purchase amount. Customers may return any product in perfect condition, even if they have assembled it. If a product does not meet the above criteria, eversmart products Handels GmbH reserve the right to refuse the return, make an exchange, or issue a refund in the form of a coupon code. If the product was damaged during delivery / assembly, this must be reported immediately (see point 4).

    5.2 Process on return

    The intended return is to be announced and justified by e-mail. The goods must be packed with the original packing material and returned to the original condition. The carrier for the pickup will be assigned by eversmart products Handels GmbH . Eversmart products Handels GmbH will contact you for the appointment. The goods have to be handed over to the forwarding agent assigned by the seller. The return shipping costs are SFr.80,00 and are not covered by eversmart products Handels GmbH .

    5.3 Refund

    The return will be checked upon receipt by eversmart products Handels GmbH . If the claim is justified, the refund will be made to the account defined by the customer within 60 days for products that are as good as new. For products that are no longer in mint condition, eversmart products Handels GmbH may alternatively provide an exchange, reduction or refund in the form of a coupon code.

    5.4 Exclusion

    Custom-made products (e.g. regarding size or color) or products that are clearly marked as final sale/promotion in the online store cannot be returned. Delivery and assembly fees are also not refundable.

    5.5 Non-attributable returns

    A refund can only be made if eversmart products Handels GmbH can clearly assign the return to an order. Returns that cannot be assigned to a customer will be kept by eversmart products Handels GmbH for six months. After that, the right to a refund expires.

    • 6 Warranty

    6.1 General runtime

    Eversmart products Handels GmbH relies on high quality products, which are built for eternity. Our furniture is made to the highest standards and with the best materials. Nevertheless, something can always happen. For this reason, eversmart products Handels GmbH offers a warranty of 5 years, which exceeds the legal warranty period.

    6.2 Exceptions to the extended term

    The following items/products are excluded from the voluntary 5-year warranty. The statutory warranty of 2 years applies:

    • Table tops;
    • Accessories and peripherals.

    6.3 Start of the warranty

    The warranty begins at the time of delivery or physical collection of the goods. The warranty period continues regardless of the provision of any warranty services.

    6.4 Service provision

    Eversmart products Handels GmbH can optionally provide the warranty by:

    • partial and complete replacement with an equivalent used/repaired product;
    • Replacement with a new product;
    • Credit;
    • Price reduction.

    6.5 Exclusions

    Eversmart products Handels GmbH does not provide any warranty in the following cases:

    • Failure to observe the instructions and notes in the operating instructions for the product;
    • Damage caused by improper installation;
    • Damage due to accident, transport or improper storage, adjustment or use;
    • Damage caused by loading furniture above its weight capacity;
    • Items that have been exposed to an environment outside the area of use intended for the product by eversmart products Handels GmbH (e.g., storage or outdoor exposure);
    • Damage caused by natural hazards (e.g. water, fire, etc.), moisture, falling and impact;
    • Failure to perform maintenance in accordance with the operating instructions and/or improper modification or repair of the products by the customer or a third party;
    • Damage caused by incorrect cleaning methods or cleaning products;
    • Discoloration of materials due to stains, soiling, inks or dyes;
    • Natural variations in the wood grain;
    • Traces of normal wear;
    • Changes or discoloration of the surface color due to light / sun exposure or aging;
    • Damage caused by writing instruments or sharp objects;
    • Use of incompatible spare parts or accessories (e.g. power supply);
    • on items manufactured or marked by third parties, including computer monitors and keyboards;
    • Consequential Damage.

    6.6 Wear parts

    Wear parts such as batteries, rechargeable batteries, power cables, adapters, lamps, etc. are excluded from the warranty.

    • 7 Due date, payment and default

    The goods are shipped on account or by one of the other indicated payment methods. The orderer pays the purchase price without postage costs to the business account of the recipient stated on the invoice - eversmart products Handels GmbH. If the customer is in default of payment, eversmart products Handels GmbH is entitled to charge a default fee in the amount of SFr.20,00. If after several reminders no payment of the orderer on the account of eversmart products Handels GmbH should arrive, we reserve ourselves the right of the Betreibung.

    • 8 Special features of purchase on account

    Payment on account is only possible for consumers over the age of 18. The outstanding invoice amount is due upon receipt of the goods and invoice.

    • 9 Retention of title

    We retain title to the goods until the purchase price has been paid in full.

    • 10 Warranty

    The legal warranty regulations of Switzerland apply.

    • 11 Contract language

    Only German is available as the contract language.

    • 12 Collection, processing and use of personal information of our customers

    Please refer to our disclaimer for the rules governing the processing and use of personal data.

    • 13 Disclaimer

    13.1 Principle

    Liability is governed by the applicable statutory provisions. However, in no event shall eversmart products Handels GmbH be liable for (i) ordinary negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of the auxiliary persons of eversmart products Handels GmbH or contracted service providers, whether contractual or non-contractual.

    13.2 Exceptions

    Furthermore, eversmart products Handels GmbH declines liability in the following cases:

    • improper, non-contractual or unlawful storage, adjustment or use of the products;
    • Use of incompatible spare parts or accessories (e.g. power supply);
    • failure to carry out maintenance in accordance with the operating instructions and/or improper modification or repair of the products by the customer or a third party;
    • force majeure, in particular damage caused by the elements, moisture, falls and impacts, etc., for which eversmart products Handels GmbH is not responsible, and official orders.
    • 14 Applicable law

    Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Schwyz.

    End of the general terms and conditions - Status: 26.02.2021