General Terms and Conditions (AGB)

The General Terms and Conditions ("GTC") apply to all legal transactions concluded via the online store www.ofinto.ch (hereinafter referred to as "online store"). The online store is operated by ofinto ag, CH-9200 Gossau, Switzerland (hereinafter referred to as "ofinto").

ofinto reserves the right to unilaterally amend the GTC at any time. The version of these GTC in force at the time of the order shall apply. The current version is published at any time on the homepage at https://ofinto.ch/terms-and-conditions for Switzerland and the Principality of Liechtenstein, https://ofinto.de/terms-and-conditions for Germany, https://ofinto.at/terms-and-conditions for Austria and https://ofinto.fr/terms-and-conditions for France. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.

Images of products in advertising, brochures, social media, online store, etc. are for illustrative purposes only and are non-binding. All illustrations provided to the customer prior to the conclusion of the contract or in the context of the fulfillment of the contract remain the intellectual property of ofinto and may not be reproduced, otherwise exploited or made accessible to third parties without the express written consent.

The prices shown are final prices including statutory VAT. The amount shown at the time of the binding order applies. Shipping costs are included in these prices, unless explicitly stated otherwise during the ordering process or in the offer. ofinto reserves the right to change the prices of the products and services offered at any time. The price in the online store at the time of the order is decisive for the conclusion of the purchase contract.

ofinto attaches great importance to high availability and fast delivery of products. Delivery delays may occur, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.

Assembly includes the delivery, unpacking and assembly of the ordered products, including taking back the packaging material (see point 4). If the customer disposes of or leaves the packaging material to the forwarding agent, the right to a free return/refund does not apply, as this can only be done in the original packaging (see point 7). Disposal includes the acceptance and environmentally friendly disposal of the items indicated by the customer when placing the order. These must correspond approximately in type and quantity to the product ordered. The items to be disposed of must be provided by the customer in a manner suitable for transportation and on the agreed delivery date of the ordered products. If the installation service cannot be provided due to a reason for which the customer is responsible (e.g. non-compliance with the agreed delivery and installation date, incorrect measurement information, etc.), the customer is not entitled to a free repetition of the installation or return, but ofinto reserves the right to charge the customer for any additional costs incurred as a result.

The products and prices in the online store are deemed to be an offer. However, this offer is always subject to the condition that the contract is terminated if delivery is not possible or if the price is incorrect.

The purchase contract for products or services is concluded as soon as the customer has placed their order in the online store, in the showrooms, by telephone or email (hereinafter referred to as the "purchase contract"). However, the purchase contract is always subject to the condition that the contract is terminated if delivery is not possible or if an incorrect price is quoted.

No warranty claims can be derived from information in catalogs, brochures, advertising material, digital advertisements (social media, newsletters, etc.) and written or verbal statements, nor can any liability be established unless these have been included in the contract.

ofinto delivers throughout Switzerland, the Principality of Liechtenstein, Germany, Austria and France. Other countries are only supplied on request. Shipping of all products and orders is free of charge (see point 4.4). Costs for special services such as furniture or removal lifts are excluded.

With the order confirmation, the order is forwarded to ofinto's logistics partner. Depending on the delivery option, delivery usually takes place within five working days. In the case of assembly, delivery to the kerbside and delivery to the place of use, the customer will be contacted in advance and an individual delivery date agreed.

ofinto offers four delivery options:

Individual office chairs and accessories with a total weight of less than 30 kg and a belt dimension of less than 300 cm are delivered by parcel service.

Free delivery without assembly of larger products (e.g. tables) or bulk orders is made to the kerbside as standard. ofinto's delivery partner will arrange an appointment with the customer for delivery by telephone in advance. If the customer cannot be reached by telephone, they will be asked to contact us by e-mail. For delivery locations that are not directly accessible, the delivery company will deliver the order to the next possible location that can be reached by vehicle (e.g. to the valley station of the mountain railroad).

For an additional charge, the customer can book delivery to the place of use. The product is delivered to the desired location (e.g. to the office or living room). The ofinto delivery partner arranges a delivery date with the customer in advance. Other services, such as the assembly of the products or the return of packaging materials or old products, are not included in the delivery to the place of use, but can be booked as an option.

For orders for which the customer has also booked assembly, delivery to the place of use is included free of charge. ofinto's delivery partner arranges a delivery date with the customer in advance. The delivery includes the delivery to the place of use, the assembly of the products, as well as the optional return of packaging materials.

The delivery address of the order must be easily accessible with a delivery van. If this is not the case, the customer shall bear the additional costs incurred.

For deliveries to the place of use, the customer is responsible for ensuring that access for the delivery service is possible and guaranteed. The customer must check whether the ordered products fit through the access points (e.g. stairwells and doors). If a product cannot be transported to the place of use, the customer must bear the resulting additional costs (e.g. for a furniture lift) or arrange transportation to the place of use themselves.

If the customer is in default of acceptance of the goods or refuses to accept them, the seller shall be entitled to deliver again at the customer's expense or to withdraw from the contract and demand compensation. Any resulting additional costs shall be borne by the customer.

The seller is entitled to make and invoice partial or advance deliveries.

Any assembly does not include the installation of the cabling or instructions for the product. Assembly also does not include any explanations, advice or instructions. If the packaging material is taken by the carrier during assembly, the customer is not entitled to a free return, as the original packaging is required for this (see point 7).

If ofinto is in default of delivery, the customer has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date (except for special orders). This must be done in writing. In this case, ofinto will reimburse the customer for any amounts already paid in advance.

Transport damage must be reported immediately, but at the latest within 5 calendar days. If an assembly or delivery to the place of use is ordered, transport damage must already be noted on the supplier's acceptance form (see point 6).

ofinto retains title to all delivered items until the full purchase price has been paid. ofinto is entitled to have the retention of title entered in the relevant register without the customer's involvement, if necessary.

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

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

Delivery damage, incorrect and incomplete deliveries/assemblies must be reported 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. They must keep it as received in its original packaging and contact ofinto.

ofinto attaches great importance to ensuring that customers like the products they buy. ofinto therefore grants end consumers a voluntary 100-day right of return. Ofinto will refund the full purchase amount for goods that are as good as new and show no signs of wear and tear and are returned in their original packaging. Customers may return any product in unused and perfect condition, even if they have assembled it. If a product does not meet the above criteria, ofinto reserves the right to refuse the return, make an exchange or issue a refund in the form of a voucher code. If the product has been damaged during delivery / assembly, this must be reported immediately (see point 6). The voluntary right of return does not apply if customers order several items. In this case, ofinto can refuse to accept the return or only arrange a partial refund of the returned goods.

The intended return must be recorded and justified in the customer system in the order overview on the 100th day after the order at the latest. The goods must be packed with the original packaging material and returned to their original condition. If the parcel service provider or forwarding agent commissioned by the seller contacts the customer, a collection date must be agreed with them. The goods must be handed over to the forwarding agent or parcel service commissioned by the seller, but no later than 14 days after the notification that you wish to make use of the voluntary right of return.

ofinto voluntarily assumes the costs for a standard return shipment for individual products (maximum one item per customer). In the case of several items, ofinto may refuse the voluntary right of return or pass on part of the costs to the customer. The customer also bears the costs for the return shipment if ofinto's standard shipping method is not possible. The customer bears the risk of the return shipment.

The return shipment will be checked by ofinto upon receipt. 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 and have been reported and returned in due time (see point 7.2). For products that are no longer as good as new, ofinto can alternatively make an exchange, a reduction or a refund in the form of a voucher code.

• The voluntary right of return is excluded for business customers. However, they can contact b2b@ofinto.ch by email to discuss the possibility of receiving test samples.
• The voluntary right of return applies to a maximum of one product per customer. 
• Custom-made products (e.g. in terms of size or color) or products marked as final sale/promotion cannot be returned. Delivery and assembly charges are also non-refundable.

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

For ofinto, quality and customer satisfaction are paramount. Therefore, we grant all customers who have purchased ofinto products directly from our webshops a voluntary guarantee of up to 10 years from the date of purchase on selected products (the "Guaranteed Products"), over and above the statutory guarantee. Our products are known for their durability and we strive for sustainability in all our manufacturing processes.

The extended, voluntary warranty can only be claimed by the original purchaser of the warranty product and in the country of the original purchaser. The warranty applies exclusively under the premise of normal and proper use. The warranty claim consists - at our discretion - in the replacement or free repair of the warranty product concerned.

10-year guarantee on the frame, 2-year guarantee on drive and electrical components and the table top.

10-year guarantee on mechanical components such as the base, seat shell and backrest, 5-year guarantee on the mechanism and other mechanical components, 2-year guarantee on upholstery and fabrics such as seat and backrest covers, gas springs and castors.

7-year guarantee on mechanical components such as the base, seat shell and backrest, 5-year guarantee on the mechanism and other mechanical components, 2-year guarantee on upholstery and fabrics such as seat and backrest covers, gas springs and castors.

5-year guarantee on mechanical components such as seat shell and base, 2-year guarantee on fabrics and gas spring.

10-year guarantee on mechanical components, 5 years on lighting elements, 2 years on cables and other electronic components.

All accessories, add-ons and accessories such as standing mats, cable trays, etc. come with a 5-year guarantee. Gas springs and office chair castors have a 2-year guarantee.

The following elements/products are excluded from the voluntary 10-year guarantee. The statutory warranty of 2 years applies:

• Upholstery and fabrics, such as seat and backrest covers for chairs;
• Table tops;
• Electrical components;
• Accessories and peripherals.

The warranty begins from the time of acceptance of delivery or physical collection of the goods. The warranty period shall continue irrespective of the provision of any warranty services.

ofinto can provide the guarantee optionally by:

• Free repair (original warranty period continues to apply to the entire product);
• partial and complete replacement by an equivalent used/repaired product;
• Replacement with a new product;
• Credit note;
• Price reduction.

Incidental costs of a repair/replacement delivery such as shipping costs, assembly costs, return shipping costs, etc. are not covered by the warranty and may be charged to the end customer. Likewise, the guarantee does not grant any claims for damages.

ofinto does not assume any guarantee in the following cases:

Wearing parts such as batteries, rechargeable batteries, power cables, adapters, lamps, etc. are excluded from the warranty. In all other respects, the exclusions of liability apply (see point 9).

We would like to point out that we manufacture very durable products and aim to be sustainable. Should the guarantee not apply, we have quickly available spare parts at extremely fair prices. Your statutory rights, in particular the statutory warranty, naturally remain unaffected by this guarantee and continue to apply without restriction.

Liability is governed by the applicable statutory provisions. However, in no event shall ofinto be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages for delay in delivery, and (v) any acts and omissions of ofinto's agents or subcontractors, whether contractual or non-contractual.

Furthermore, ofinto rejects 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 maintain the products 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, falling and impact, etc., for which ofinto is not responsible, and official orders.

By concluding the contract, the customer agrees to receive offers, invoices, delivery confirmations, credit notes and all other documents in electronic form.

Customers can use the payment methods offered in the online store under "Payment options".

If you pay by credit card or other instant payment methods, you will be charged when you place your order.

If payment is made in advance, delivery will only be made after receipt of payment.

In the case of purchase on account directly through ofinto, the customer is obliged to pay the invoice amount within 14 calendar days of receipt of the delivery without any (cash discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly. The invoice is sent digitally. This purchase on account is available to selected business customers.

Alternatively, payment on account (including payment in installments) can also be processed via the payment service provider CembraPay AG. The General Terms and Conditions (https://cembrapay.ch/de/terms/CP) and the Privacy Policy of CembraPay AG (https://cembrapay.ch/de/privacy) apply.

If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed by the customer shall become due immediately and ofinto may demand immediate payment and stop further deliveries of products to the customer. ofinto shall charge a collection fee of CHF 50.00 for the 2nd reminder and CHF 100.00 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned with the collection. In this case, an additional effective annual interest rate of up to 15 % may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

The privacy policy(https://ofinto.ch/privacy-policy) applies to the processing of personal data by ofinto

The invalidity and ineffectiveness of a provision shall not affect the validity of the remaining part of the GTC. Should individual provisions prove to be invalid or ineffective, they shall be replaced by new, valid provisions that correspond as closely as possible to the legal and economic meaning of the invalid provision.

These GTC have been automatically translated into other languages. In the event of ambiguities, inconsistencies or misunderstandings, the German version shall prevail.

Contracts between ofinto and the customer are governed exclusively by Swiss law. The ordinary courts at the registered office of ofinto ag in Gossau, St. Gallen, shall have exclusive jurisdiction for disputes arising from contracts to which these GTC apply. However, ofinto ag is entitled to sue the customer at his domicile or place of residence.

Gossau SG, 10.06.2024