General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
1. Scope of application
1.1 Scope: The General Terms and Conditions ("GTC") apply to all legal transactions concluded via the online store www.ofinto.ch (hereinafter referred to as "Online Shop"). The online store is operated by ofinto ag, CH-9200 Gossau, Switzerland (hereinafter referred to as "ofinto").
1.2 Amendments: 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 in each case. 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.
2.1 Images, photos, drawings, illustrations (hereinafter "Images"): Images of products in advertising, brochures, social media, online shop, etc., are for illustrative purposes and are not binding. All illustrations provided to the customer remain the intellectual property of ofinto and may not be reproduced, otherwise exploited, or made available to third parties without express written consent.
2.2 Prices: The prices quoted are final prices including statutory value added tax. The amount shown at the time of the binding order shall apply. 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.
2.3 Availability and delivery times: ofinto attaches great importance to high availability and fast delivery of the products. Particularly due to production or delivery bottlenecks, delays in delivery may occur. All information on availability and delivery times is therefore without guarantee and may change at any time.
2.4 Additional service of assembly and disposal: Assembly includes delivery, unpacking and assembly of the ordered products incl. return of the packaging material (see point 4). If the customer disposes of or leaves the packaging material to the carrier, the right to a free return/refund shall lapse, as this can only be done in the original packaging (see point 7). The disposal includes the receipt and environmentally friendly disposal of the items indicated by the clientele when placing the order. These must correspond in type and quantity approximately to the ordered product. The items to be disposed of shall be made available by the customer in a manner suitable for transport and on the agreed delivery date of the ordered products. If the installation service cannot be provided for a reason for which the customer is responsible (e.g. failure to comply with the agreed delivery and installation date, incorrect measurement information, etc.), the customer shall not be entitled to have the installation work repeated or to have it taken back free of charge; on the other hand, ofinto reserves the right to charge the customer for any additional costs incurred as a result.
3. Offer and conclusion of contract
3.1 Offer: The products and prices in the online shop are deemed to be an offer. However, this offer is always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price quote.
3.2 Purchase contract: The purchase contract is concluded for products or services as soon as the clientele has placed its order in the online store, in the showrooms, by telephone or e-mail (hereinafter referred to as "purchase contract"). However, the purchase contract is always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price quote.
3.3 Deviating information: No warranty claims can be derived or liability established from information in catalogs, brochures, advertising literature, digital advertisements (social media, newsletters, etc.) and written or verbal statements, unless these have been included in the contract.
4. delivery and assembly
4.1 Delivery region: ofinto delivers to the whole of Switzerland, the Principality of Liechtenstein, Germany, Austria and France. Other countries will only be delivered upon request. Shipping of all products and orders is free of charge (see point 4.4). Excluded are costs for special services, such as furniture or moving lifts.
4.2 Delivery date: With the order confirmation, the order is passed on to ofinto's logistics partner. Depending on the delivery option, delivery is usually made within five working days. In the case of assembly, curbside delivery and deliveries to the place of use, the customer will be contacted in advance and an individual delivery date agreed.
4.3 Delivery options: ofinto offers four delivery options:
- Parcel service: Individual office chairs and accessories with a total weight of less than 30 kg and a girth of less than 300 cm are delivered with parcel service;
- Curbside: Free delivery without assembly of larger products (e.g. tables) or collective orders is made to the curbside as standard. The ofinto delivery partner shall arrange an appointment for delivery with the customer in advance by telephone. If the customer cannot be reached by telephone, he will be asked to contact us by e-mail. In the case of 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 mountain railroad valley station);
- Delivery to the place of use without assembly service: 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 will arrange an appointment with the customer in advance for the delivery. 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;
- Delivery to the place of use with assembly service: For orders for which the customer has booked additional assembly, delivery to the place of use is included free of charge. The ofinto delivery partner shall arrange an appointment for delivery with the customer in advance by telephone. The delivery includes the delivery to the place of use, the assembly of the products, as well as the optional return of packaging materials.
4.4 Accessibility to the delivery address: The delivery address of the order must be easily accessible by delivery vehicle. If this is not the case, the customer shall bear the additional costs incurred.
4.5 Accessibility to the place of use: For deliveries to the place of use, the customer is responsible for ensuring that access is possible and guaranteed for the delivery service. The customer must check whether the ordered products fit through the access points (e.g. stairwell 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 pay for the transport to the place of use itself.
4.6 Acceptance by customers: If the customer is in default or refuses to accept the goods, the seller is entitled to redeliver at the customer's expense or to withdraw from the contract and claim damages. Any resulting additional costs shall be borne by the customer.
4.7 Partial deliveries: The Seller is entitled to make and charge for partial or advance deliveries.
4.8 Assembly: Any assembly does not include the installation of the wiring or instruction of the product. Nor does the installation include any explanations, advice or instructions. If the packaging material is taken away 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).
4.9 Delay in delivery: If ofinto is in default of delivery, the customer shall be entitled (except in the case of special orders) to withdraw from the contract as of the 30th calendar day after the originally announced delivery date. This must be done in writing. In this case, ofinto shall refund to the customer any amounts already paid in advance.
4.10 Transport damage: Transport damage must be reported immediately, 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).
5. Retention of title
ofinto shall retain title to all delivered items until full payment of the purchase price has been made. ofinto shall be entitled to have the retention of title entered in the relevant register, if necessary, without the involvement of the customer.
6. Duty to inspect
6.1 Inspection: The customer shall immediately inspect delivered products for correctness, completeness and delivery damage.
6.2 Inspection in the case of freight forwarding: In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
6.3 Notification: 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 must be 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 ofinto.
7.1 Voluntary right of return: ofinto attaches great importance to the fact that the purchased products please the customers. ofinto therefore grants end consumers a voluntary right of return of 30 days. For as-new goods without signs of use, which are returned with the original packaging, ofinto will refund the full purchase amount. 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 return, 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 6). The voluntary right of return does not apply if customers order several items. In this case, ofinto may refuse to accept the return or may only arrange for a partial refund of the returned goods.
7.2 Process for return: The intended return must be recorded and justified in the customer system in the order overview no later than the 30th day after the order. The goods are to be packed with the original packaging material and returned to their original condition. If the parcel service provider or freight forwarder commissioned by the seller is contacted, a collection date must be agreed with them. The goods are to be handed over to the forwarding agent or parcel service provider commissioned by the seller, but no later than 14 days after notification that you wish to make use of the voluntary right of return.
7.3 Costs of return: ofinto voluntarily assumes the costs of 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 charge part of the costs to the customer. Likewise, the customer bears the cost of return shipping if ofinto's standard shipping method is not possible. The risk of the return shipment is borne by the customer.
7.4 Refund: The return will be checked by ofinto upon receipt. If the claim is justified, a refund will be made to the account defined by the customer within 60 days in the case of products that are as good as new and have been reported and returned in due time (see point 7.2). In the case of products that are no longer as good as new, ofinto may alternatively provide an exchange, a reduction or a refund in the form of a voucher code.
7.5 Exclusion: The voluntary right of return does not apply to multiple orders per customer or an order of multiple items. Custom-made products (e.g. regarding size or color) or products marked as final sale/promotion cannot be returned. Delivery and assembly fees are also non-refundable.
7.6 Non-attributable returns: A refund can only be made if ofinto can clearly allocate the return to an order. Returns that cannot be assigned to a customer shall be kept by ofinto for six months. After this period, the right to a refund expires.
8.1 General term: ofinto focuses on high quality products, which are built to last. Our furniture is made to the highest standards and with the best materials. Nevertheless, something can always happen. That is why ofinto offers a warranty of 5 years, which exceeds the legal warranty period..
8.2 Exceptions to the extended term: The following items/products are excluded from the voluntary 5-year warranty. The statutory warranty of 2 years applies:
- Upholstery and fabrics, such as seat and back covers of chairs;
- Table tops;
- Electrical components;
- Accessories and peripherals.
8.3 Commencement of the guarantee: The guaranteecommences from the time of acceptance of the delivery or the physical collection of the goods. The warranty period shall continue irrespective of the provision of any warranty services.
8.4 Provision of services: ofinto may provide the warranty either by:
- free repair (original warranty period continues on the entire product);
- partial and complete replacement with an equivalent used/repaired product;
- Replacement with a new product;
- Price reduction.
8.5 Exclusions: ofinto shall not assume 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, unless the installation was completed by ofinto or an installation partner authorized by ofinto;
- 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 of the area of use intended by ofinto for the product (e.g. storage or outdoor exposure);
- Damage caused by natural hazards (e.g. water, fire, etc.), moisture, falling and impact;
- 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;
- Damage caused by incorrect cleaning methods or cleaning products;
- Damage due to lack of maintenance, e.g. squeaking without oiling or loosening of the screws without regular repeated fastening;
- Discoloration of materials due to stains, soiling, inks or dyes;
- Natural variations in the wood grain;
- Traces of normal wear and tear;
- Changes or discolouration of the surface colour due to light / sunlight or ageing;
- Damage caused by writing instruments or sharp objects;
- Use of incompatible spare parts or accessories (e.g. power supply);
- on articles manufactured or marked by third parties, including computer monitors and keyboards;
- Consequential Damage.
8.6 Wear parts: Wear 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).
9. Exclusion of liability
9.1 In general: Liability shall be 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 resulting from delay in delivery as well as (v) any acts and omissions of the auxiliary persons of ofinto or commissioned service providers, whether contractual or non-contractual.
9.2 Exceptions: In all other respects, ofinto shall not be liable in the following cases:
- improper, non-contractual or illegal 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, damp, falling or impact damage, etc., for which ofinto is not responsible, and official orders.
10. payment and shipping terms
10.1 Electronic data: By entering into the contract, the clientele agrees to receive offers, invoices, delivery confirmations, credit notes and all other documents in electronic form.
10.2 Payment options: The customer can use the payment options offered in the online shop under "Payment options".
10.3 Credit card: When paying by credit card or other instant payment methods, the charge is made when the order is placed.
10.4 Prepayment: In the case of prepayment, delivery shall only be made after receipt of payment.
10.5 Invoice by ofinto: In the case of purchase on account directly through ofinto, the customer shall be obliged to pay the invoice amount within 14 calendar days after receipt of the delivery without any (discount) deduction. In case of partial return of the delivered products, the invoice amount can be reduced accordingly. The invoice will be transmitted digitally. This invoice purchase is available to selected business customers.
10.7 Default: If the Customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the Customer shall become due immediately and ofinto shall be entitled to demand payment of such amounts immediately and to cease further deliveries of products to the Customer. ofinto shall charge a handling fee of CHF 50.00 for the 2nd reminder and a handling fee of CHF 100.00 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company entrusted with the collection. In this case, an additional effective annual interest rate of up to 15% on the invoice amount owed from the due date may be charged. 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.
12. Partial invalidity
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 terms and conditions have been automatically translated into other languages. In case of ambiguities, inconsistencies or misunderstandings, the German version shall prevail.
14. Place of jurisdiction
Contracts between ofinto and the client shall be governed exclusively by Swiss law. Disputes arising from contracts to which these GTC apply shall be subject to the exclusive jurisdiction of the ordinary courts at the registered office of ofinto ag in Gossau, St. Gallen. However, ofinto ag is entitled to take legal action against the client at the latter's registered office or place of residence.
Gossau SG, 28.02.2023