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+49 911 14 888800
kontakt@swissmobilia.de
 

Terms and Conditions

1. Scope of application

For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

 

2. Contracting party, conclusion of contract, correction possibilities

The purchase contract is concluded with Schweizer Werkstätten GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

We reserve the right to withdraw from the contract in the event that a review of the order, according to general judgment, indicates that it is intended to manufacture or expand an entire piece of USM furniture from our parts (see also section 10.).

 

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French.

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

 

4. Delivery conditions

In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.

We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.

 

5. Payment

In our store, the following payment methods are generally available:

 

PREPAYMENT

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

 

CREDIT CARD

By submitting the order you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. 

 

PAYPAL

In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

 

GIROPAY

After placing the order you will be redirected to the website of your bank. In order to pay the invoice amount via Giropay, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.

 

AMAZON PAY

In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store, where you can complete the ordering process. Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

 

INVOICE

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

 

 

6. Right of revocation

You are entitled to the statutory right of withdrawal as described in the cancellation policy.

 

7. Reservation of proprietary rights

The goods remain our property until full payment.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

 

8. Transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

9. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty as well as fraudulent intent

- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)

- within the scope of a guarantee promise, if agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 am to 6:00 pm by phone at 49 911 148 888 00 and by e-mail at kontakt@swissmobilia.de

 

10. Swissmobilia spare parts

We sell spare parts, accessories and special collections for designer furniture and home accessories (hereinafter "SWISSMOBILIA-PARTS"). SWISSMOBILIA-PARTS have been produced for us and may be sold and used on the open market according to the legal regulations. SWISSMOBILIA-PARTS are not intended for the purpose of manufacturing or extending USM furniture. Such is not allowed.

 

11. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty

- in the case of warranty promises, insofar as agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

 

12. Code of Conduct

We have submitted to the following codes of conduct:

Trusted Shops Quality Criteria

http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

 

13. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/ . Consumers have the option to use this platform to resolve their disputes. To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. We will participate in a dispute resolution procedure before this body.

 

14. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.

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The Swissmobilia brand

Intelligent. Durable. Modular. SWISSMOBILIA! SWISSMOBILIA is your contact for modular and high-quality products, which find their application in the ranges Home Interior and Office. In addition, Swissmobilia specializes in first-class spare parts as well as elements for the transformation of existing system furniture and design classics. SWISSMOBILIA products are compatible with the USM Haller system, among others. In addition to the usual spare parts and individual elements for repairing or redesigning existing system furniture, you can also obtain from us suitable accessories for your design classic, as well as special SWISSMOBILIA special editions not offered by USM Haller, with which you can make your furniture even more beautiful and individual. Our brand has stood for the very highest product quality and impressive individual customer service for over 10 years. SWISSMOBILIA is a registered trademark of "Schweizer Werkstätten" GmbH. Schweizer Werkstätten" GmbH has no contractual or corporate relationship with the USM Haller company.