GTC

General terms and conditions

These general terms and conditions apply to all business relationships between the seller and its customers from Switzerland that are approached are sold to via www.lounge-gartenmoebel.ch. The seller is Viplounge Home & Garden AG and is based in Cham. The version of the general terms and conditions valid at the time the contract is concluded, which apply exclusively, is applicable. Deviating contractual terms of the customer are not recognised by the seller.

Territorial validity of the offer, prices and ordering prices, orders and order cancellations

2.1. All prices are given in Swiss Francs including VAT and do not include delivery. Home delivery costs are not included in the price and must be selected separately.

2.2. Price changes and price errors are reserved.

2.3. The goods offered on www.lounge-gartenmoebel.ch (furniture etc.) can be ordered online via eShop. The information required for the order must be given correctly and truthfully. By submitting the order, the customer accepts these general terms and conditions.

2.4. The order is final. The seller will confirm the order by email.

2.5. If an order is cancelled, cancellation fees of Fr. 250 apply

Delivery conditions

3.1. Please note, that our articles can only be delivered to Switzerland and Liechtenstein.

3.2. The ordered item will be shipped as soon as possible, provided that the purchased item is available and deliverable at the appropriate time. The goods are only handed over after receipt of the invoiced amount.

3.3. The customer must choose a delivery option when ordering.

3.4. The seller is entitled to make partial deliveries.

3.5. If a product is not available within the period specified in no. 3.1 or no. 3.2, the customer will be informed. If the period is more than 16 working days, the customer can withdraw from the contract within 5 days after notification. Merchandise for which the catalogue of www.lounge-gartenmoebel.ch mentions a longer period is expressly excepted

3.6. The home delivery costs include the costs for the home delivery of the purchased item to the delivery address specified in the order confirmation. The prerequisite is a road that can be used by delivery vehicles to the unloading point.

If a house or floor delivery is desired, this must be communicated when agreeing the delivery date by telephone. The access route must be guaranteed. If the goods cannot be transported into the house via the front door (e.g. because the house entrance is too narrow), our forwarding agent is entitled to deposit the delivery of the garden furniture in front of the house. It is the buyer's responsibility to ensure that the garden furniture can be transported through the doors and stairwell. If the passageways are too narrow, the buyer assumes the risk of delivery damage to the house or the garden furniture.

We do not offer a goods lift. If a goods lift is required for delivery, it must be organized by the buyer. In the case of deluxe delivery, the customer is obliged to report any defects and incomplete deliveries to the responsible courier on site. Upon acceptance, all furniture must be checked by the buyer for quality and completeness, and any complaints must then be noted in writing on the delivery note. You accept the delivery with your signature. Defects or incomplete garden furniture cannot be reported retrospectively. Any subsequent delivery costs must be borne by the buyer.

3.7. A cancellation of the agreed delivery date 3 days before the date, is free of charge. Short-term cancellations on the part of the client generate costs of CHF 150, which are billed to the client. If the delivery trip is started on the delivery date and no person is authorized to take delivery, the customer will be charged CHF 150.-. For the new delivery, the additional CHF 150 delivery fee will be charged to the buyer. An additional free curbside delivery is not possible a second time if the first appointment is not attended.

3.8. When collecting the furniture, the customer is obliged to report any defects or incompleteness to the responsible warehouse employee. Upon acceptance, all furniture must be checked for quality and completeness by the buyer, then any complaints must be noted in writing on the delivery note. With your signature you accept the delivery. Defects or incomplete garden furniture cannot be reported retrospectively. Any subsequent delivery costs must be borne by the buyer or picked up again in Uznach.

Payment terms

4.1. When paying by credit card, the purchase price and the home delivery costs are due for payment immediately after receipt of the order confirmation. Cash payment is made upon delivery or pick-up of the purchased item.

4.2. Payment must be made by the seller with Mastercard or Visa before pick-up or sending of the purchased item. Cash payment is due upon delivery or pick-up.

4.3. When paying by credit card, the ordering customer must be authorised to use the credit card by the holder.

4.4. All invoiced amounts are to be paid in Swiss Francs.

4.5. In the event of default, the customer also owes default interest of 5% per year. In addition, the seller charges a flat rate reminder fee of CHF 20. Further claims for damages, especially for the judicial enforcement of the claim, remain reserved.

Warranty

5.1. Warranty period We guarantee a 24 month warranty. The warranty relates to the construction of the garden furniture during normal use. Signs of wear and any colour changes are excluded from the warranty. There may be slight colour differences because all of our furniture is made by hand. With wooden garden furniture, changes in structure and colour are always to be expected; these deviations are excluded from the warranty. In the event of a defect, the buyer is not entitled to claim the purchase price back. The warranty period starts from the delivery date and is valid for 24 months. A defect cannot be reported in stages. There is no warranty claim for goodies.

5.2. Claims management If an exchange has to take place, the customer is expected to provide a one-time detailed complaint and a description of the problem. This must be emailed to info@viplounge.ch with pictures of the shortcomings where the problem is clearly visible. A copy of the invoice or delivery note and a detailed description must also be enclosed where it is clearly defined what defects the goods have and why. Multiple exchanges will not be possible in the foreseeable future. When the goods are delivered, the customer receives a delivery note where it is clearly stated that the goods must be checked for completeness and defects by the customer. If this delivery note is signed by the customer, the customer confirms that they have checked everything and accept the order. If a defect is recognised and reported at a later time, the customer is obliged to bear the renewed delivery cost of 90.00. The customer can also bring the defective goods free of charge to our service centre in Uznach, where they can be repaired or exchanged on site.

5.3. Garden furniture outlet Garden furniture at a reduced price from our outlet is excluded from the warranty.

5.4. Outdoor loungers The manufacturer's warranty from our outdoor lounger manufacturer is 24 months from the date of purchase. The manufacturer's warranty does not cover the following defects:

• Normal signs of wear and tear of the outdoor loungers.
• Depending on the type of fabric, wrinkles in the cover and the upholstery can be natural consequences of use.
• Changes and deformations of the upholstery properties of the Quick Dry Foam foam after regular use.
• Consequences of improper use or care.
• Improper construction, which does not correspond to the instructions.
• Discolouration from other objects or clothing, as well as stains from food, liquids or the like.

Retention of title

6.1. The ownership remains with the seller until all invoiced amounts have been paid. The seller is entitled to register the retention of title to the purchased item in the retention of title register. In addition, the seller is entitled to withdraw from the contract in the event of late payment and to reclaim the purchased item.

Material warranty and liability

7.1. For all purchased items, the warranty period is 24 months from the order date, unless another warranty period has been expressly agreed.

7.2. The customer is obliged to carefully check the purchased item immediately upon receipt and to report any defects immediately in writing upon receipt, otherwise any claim to material warranty within the meaning of no. 6.4 does not apply.

7.3. Changes to the purchased item that are caused by the natural ageing process are not to be regarded as defects and are excluded from the warranty. Also excluded from the warranty are deviations in natural products such as wood and leather within the natural range of colour, structure and other differences, as well as corresponding deviations of the purchased item from the samples or representations presented on www.lounge-gartenmoebel.ch

7.4. The customer has the exclusive right to rectification, but not to replacement (conversion) or reduction of the defective purchased item. The seller reserves the right to examine the defective purchase item on site and to decide whether a defective purchase item is to be repaired or, as a matter of good will, to be replaced by a defect-free item. The customer's right to rectification expires if changes or repairs are made to the purchased item without the seller's written consent. In addition, the purchased item may not be processed or installed if a defect is identified.

7.5. Further claims such as damages are expressly excluded within the limits of what is legally permitted. In particular, the seller is not liable for damage that is due to natural wear and tear or improper use or for damage that has not occurred to the purchased item itself. Furthermore, the seller assumes no liability for loss of profit or indirect damage that may arise to the customer or a third party.

Right of return and withdrawal from the contract

8.1. The exchange of flawless goods is excluded. A right of return exists only in the case of incorrect deliveries, whereby changes in the design or in the technical area, which do not adversely affect the function and quality of a purchased item, are reserved.

8.2. If a purchased item is no longer available or deliverable, the seller can withdraw from the contract without compensation.

8.3. Goods ordered in the outlet, as well as goods at special prices, are excluded from exchange and return. There is no right to complaint regarding free goodies.

Data protection

9.1. The customer agrees that the information provided in the context of the order and delivery may be saved and processed for billing, accounting and other internal purposes. This information will not be passed on to third parties, unless it is necessary for the execution of the contract.

Intellectual property

10.1. All representations, graphics and other content as well as the design of www.lounge-gartenmoebel.ch are protected by copyright. Reproduction, copying or printing of the websites of the web shop www.lounge-gartenmoebel.ch is only allowed in connection with the order. Any further processing, duplication, distribution or the like is prohibited.

Jurisdiction

11.1. All contracts concluded with the seller are subject exclusively to Swiss law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is hereby expressly excluded.

11.2. The place of jurisdiction for disputes arising from the contract is Cham, unless there are compelling legal provisions to the contrary.