§ 1 SCOPE
The following General Terms and Conditions exclusively govern the business relationship between the customer and ErgoPoint GmbH in the version valid at the time of the order. ErgoPoint GmbH does not recognize differing conditions of the customer unless ErgoPoint GmbH has expressly agreed to their validity in writing. ErgoPoint GmbH reserves the right to make changes and improvements to its products at any time and without prior notice according to the state of the art. Obvious errors, such as typing or arithmetic errors, do not constitute a binding offer. Price changes remain reserved.
§ 2 OFFERS AND PRICES
All prices are quoted in Swiss Francs (CHF) from the business domicile in Zurich. The prices stated in our order confirmation may vary. Increases in material costs, new or increased duties, transportation costs, wage increases, exchange rate fluctuations, and similar factors that occur after an offer has been made or after an order confirmation and increase the cost of the offered or sold goods, entitle a corresponding adjustment of the purchase price to the customer. Unless otherwise agreed, all prices are net, without any deductions, and are non-binding for repeat orders. If more than three months elapse between the conclusion of the contract and the delivery date, the prices valid at the time of delivery shall apply.
All quoted prices for the total order include the statutory value-added tax. Prices can be adjusted daily. The price valid at the time of ordering will be charged.
§ 3 ORDER AND CONCLUSION OF CONTRACT
By placing an order, the customer confirms that they have read and unconditionally agree to these General Terms and Conditions. An oral or written order is considered accepted if it has been confirmed by us in writing. With the written or oral order, the customer accepts the conditions displayed. A withdrawal of the offer and a cancellation of the contract by the customer is excluded. After our order confirmation, cancellations and modifications to the order are only possible with our written consent and are subject to any costs incurred. Goods ordered on call must be accepted within the specified timeframe. After the deadline, we reserve the right to invoice the goods and charge storage fees.
In the case of a possible voluntary return of a product (as a gesture of goodwill), ErgoPoint GmbH may charge the customer handling fees of up to CHF 80.00, the depreciation of the product if already used, and the shipping costs. Products must not be returned without prior consultation with ErgoPoint GmbH.
ErgoPoint GmbH reserves the right to reject an offer at its discretion, particularly if an item is out of stock or if ErgoPoint is no longer supplied by a manufacturer. Upon acceptance of an offer, ErgoPoint GmbH undertakes to accept the customer’s order as long as stocks last under the conditions of the website. In case of typographical, printing, or calculation errors on the website or in written form, ErgoPoint GmbH is entitled to withdraw.
ErgoPoint GmbH reserves the right to conduct a credit check for new customers and debtors with payment on account and to deliver only against prepayment if necessary.
§ 4 DELIVERY
Unless otherwise agreed, delivery is made from stock and as long as stocks last to the delivery address specified by the customer. All deliveries are at the expense of the customer. Delivery delays do not entitle the customer to withdraw from the contract or claim compensation for any resulting damages; partial deliveries are permissible. Fixed delivery dates require our written confirmation. If the goods are not accepted, we are entitled, after a written grace period of 10 days, to invoice the purchase price, withdraw from the contract, or claim damages for non-performance, at our discretion.
§ 5 DUE DATE, PAYMENT, AND DEFAULT
Prices are understood to be net, payable within 10 days from the invoice date, unless other conditions have been agreed. In the event of payment default, we reserve the right to charge 5% default interest without notice of default. Payment deadlines must be met even if the delivery of transport, acceptance, installation, commissioning, or acceptance of the delivery is delayed or made impossible for reasons beyond ErgoPoint’s control. Unauthorized discounts will be charged back. We are generally entitled, in individual cases, to make deliveries dependent on prepayment of the purchase price and shipping costs. We are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of the contract by the customer, particularly in the event of payment default. The same applies if circumstances that call into question the customer’s creditworthiness become known to us. In this case, we are entitled to make outstanding deliveries dependent on appropriate security. Reminder costs are additionally charged at CHF 30.-.
§ 6 RETENTION OF TITLE
Until full payment of all invoices, the delivered goods remain our property. Should the delivered goods be sold, processed, or transformed, the customer hereby assigns to ErgoPoint GmbH all claims arising from this against the buyer with all ancillary rights in full.
§ 7 OFFER, PLANS, AND TECHNICAL DOCUMENTS
Brochures and catalogs are non-binding unless otherwise agreed. Plans, project studies, drawings, ErgoPoint ergonomics guides, checklists, and other offer documents are the property of ErgoPoint GmbH. They may not be copied, passed on to third parties, or used outside the purpose for which they were handed over without our consent. All documents must be returned to us upon request.
§ 8 DUTY TO INSPECT AND GIVE NOTICE OF DEFECTS
The customer must inspect the goods immediately upon receipt and notify us in writing of any defects without delay. If no justified report is received within eight working days after receipt of the goods, the consignment is deemed approved concerning open defects. Repair and modifications to delivered goods must not be carried out at our expense without our written consent.
§ 9 SCOPE OF LIABILITY
Defects covered by the warranty will be remedied by us free of charge. As far as rectification is possible, the right to rescission and reduction is waived. We reserve the right to make another arrangement that adequately considers the interests of both partners. Any further claims by the customer due to defective delivery, in particular claims for compensation for consequential costs and damages, are excluded. Within the first 2 years (from the date of production), we offer you the opportunity to have your seating solution repaired free of charge at ErgoPoint GmbH in Zurich. The only requirement is that you cover the freight costs. This eliminates the regular hourly rates and travel costs of any service providers. For repairs and warranty work ordered by the customer and not located in our warehouse, freight costs or a travel cost flat rate will be charged.
§ 10 DISCLAIMER OF LIABILITY
No warranty can be provided for delivered cover materials. The warranty does not cover natural wear and tear, improper handling, overstressing, or lack of care. Upholstery cover materials are excluded from the warranty obligation. Slight deviations in the dimensions, color, or design of goods compared to illustrations, samples, or our sales documents, as well as incorrectly treated, damaged, or improperly installed items, cannot be claimed. Damages caused by force, changes, repairs, or improper maintenance by third parties are excluded from the warranty service. Color and structure deviations in cover fabrics or decors are due to production conditions, in leather (e.g., scars, cracks, feeding folds) due to nature and do not entitle, especially in the case of subsequent deliveries, to complaints. All customer claims, except those expressly named in these terms, regardless of the legal basis on which they are made, in particular any claims not expressly mentioned for damages, reduction, or withdrawal from the contract, are excluded. In no case are claims for compensation by the customer for damages that do not occur on the delivered item itself, such as production downtime, loss of use, loss of orders, lost profits, and other indirect or direct damages, valid.
§ 11 WARRANTY CLAIM
The warranty claim on our products is 2 years or according to the generally valid warranty provisions of the respective manufacturer. For products sold by ErgoPoint to a second user/owner, a warranty of two years applies, upon proof by a copy of the original purchase receipt.
§ 12 APPLICABLE LAW
Exclusively Swiss law applies, excluding the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods SR 0221.221.2).
Jurisdiction and place of performance for both parties is Zurich. However, we are entitled to take action against the customer at their place of business.