General Terms and Conditions of Stauffacher Handels GmbH

Stauffacher Handels GmbH is the owner of Flextop.ch. We sell bar tables and specialise in linear actuators from Linak.

Scope of Application
Offer and Conclusion of Contract
Prices
Dates and delivery times
Transport of goods
Default of acceptance
Complaints
Warranty and Guarantee
Right of withdrawal and returns
Retention of title
Payment deadline
Limitation of liability
Data Protection
Place of jurisdiction

1. Scope of Application

Stauffacher Handels GmbH ’s deliveries, services and offers are provided exclusively on the basis of these terms and conditions. These terms and conditions are deemed to have been accepted upon ordering or purchasing the goods and/or services. The buyer’s general terms and conditions of purchase are hereby rejected. Any deviations from these terms and conditions are only valid if we confirm them in writing.

2. Offer and Conclusion of Contract

The prices quoted by Stauffacher Handels GmbH on the internet and in advertisements are non-binding guide prices. The prices displayed in the showroom or the quotations provided by Stauffacher Handels GmbH are binding.

Illustrations, dimensions, weights and other specifications on the internet or in advertisements are to be regarded as guide values and do not constitute a guarantee of characteristics, unless they are expressly designated as binding in writing.

3. Prices

The prices for goods and services stated in our order confirmation shall apply. Unless otherwise agreed, the prices include statutory VAT.

4. Dates and delivery times

Unless confirmed in writing, dates and delivery times are non-binding. Any specific delivery times and dates specified by Stauffacher Handels GmbH are subject to Stauffacher Handels GmbH receiving correct and timely deliveries from suppliers and manufacturers.

5. Transport of goods

Unless otherwise agreed, the transport of goods is carried out by third-party companies. This constitutes a contract between the buyer and the transport company. Stauffacher Handels GmbH may arrange the transport of goods, but the buyer is responsible for placing the order.

Stauffacher Handels GmbH ’s liability ceases upon notification that the goods are ready for dispatch and upon handover of the goods to the transport company.

Costs for lifting aids for delivery to the point of use

The flat-rate price applies to delivery by a maximum of two people without the use of lifting equipment. If delivery to the place of use is only possible with lifting aids such as a crane or a hoist, the additional costs will be charged to the buyer.

6. Default of acceptance

If, after the expiry of a grace period set for them, the buyer refuses to accept the goods, Stauffacher Handels GmbH may refuse to perform the contract and claim damages for non-performance. Stauffacher Handels GmbH is entitled to claim from the buyer, at its discretion, either a lump-sum compensation of 25% of the agreed purchase price or reimbursement of the costs actually incurred.

7. Complaints

Any visible quantity discrepancies must be noted on the delivery note immediately upon receipt of the goods and countersigned by the buyer and the carrier. Any hidden quantity discrepancies must be reported in writing to Stauffacher Handels GmbH within 4 days of receipt of the goods.

Claims regarding damage, delays, loss or poor packaging must be reported to Stauffacher Handels GmbH immediately upon receipt of the shipment.

8. Warranty and Guarantee

Stauffacher Handels GmbH. offers a 2-year warranty on new furniture.

Warranty claims against Stauffacher Handels GmbHare available only to the original purchaser and are not transferable.

9. Right of withdrawal and returns

The buyer has the right to withdraw from the purchase contract within one week without giving any reason. The withdrawal period is 10 days from the day on which the goods were taken into possession. To exercise the right of withdrawal, the buyer must inform Stauffacher Handels GmbH of their decision to withdraw from the contract by means of a clear written statement (e.g. by letter or email). To meet the withdrawal deadline, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If the buyer exercises their right of withdrawal within the prescribed period, they must return or hand over the goods to us without delay and no later than 10 days from the date on which they notify us of the withdrawal from this contract. The return is at the buyer’s expense and risk. As soon as we have received the goods in full, we will refund the payments received without delay and within 7 days at the latest. The return fee of 15.- will be deducted directly from the credit note.

Limiting provisions

Delivery costs are non-refundable.
Returns / exchanges within 10 days.
Return fee 15.-
If delivery was free of charge, we will invoice the actual delivery costs.
Any loss in value of the goods due to damage will be charged.
In the case of furniture made to the customer’s specifications, we reserve the right to charge for the labour involved.
Returns are to be sent by post
The return label is the responsibility of the buyer
The processing time for refunds is approximately 7 days

10. Retention of title

The goods delivered remain the property of Stauffacher Handels GmbH until full payment has been made.

11. Payment deadline

Unless otherwise agreed, the payment term is 30 days. If the buyer defaults on payment, a reminder fee of 30 Swiss francs will be charged. If the amount due is not settled within 10 days of the reminder, interest on arrears of 10% per month will be charged.

Once the payment reminder period has expired, Stauffacher Handels GmbH is entitled at any time to withdraw from the contract, to reclaim the goods delivered and to claim damages for breach of contract.

All claims shall become due immediately if the buyer defaults on payment, culpably fails to fulfil other material obligations under the contract, or if a deterioration in the buyer’s creditworthiness becomes known, in particular suspension of payments or the pendency of composition or bankruptcy proceedings. In such cases, we are entitled to withhold any outstanding deliveries or to make them only against advance payment or security.

12. Limitation of liability

Claims for damages against Stauffacher Handels GmbH are excluded, unless a gross breach of contract by Stauffacher Handels GmbH can be proven or there has been wilful misconduct or gross negligence.

We accept no liability for consequential damages arising from the use of our products.

13. Data Protection

Stauffacher Handels GmbH is entitled to process data relating to the buyer obtained in connection with the business relationship, whether such data originates from the buyer themselves or from third parties, in accordance with the Federal Act on Data Protection (DSG). The buyer’s personal data will be treated confidentially and will only be passed on to third parties for the purposes of a credit check or when taking out insurance.

14. Place of jurisdiction

Wangen SZ is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is governed by Swiss law.