GENERAL TERMS AND CONDITIONS GRUNMOBEL.CH ,& GRUNMOBEL.COM

10/2020

1. These general terms and conditions (hereinafter referred to as “GTC”) apply to the purchase of all products that are included in the product range of Grün Möbel AG (hereinafter referred to as Grün Möbel). General terms and conditions of the buyer are deemed not to have been agreed. The same also applies to changes to these General Terms and Conditions if we have not accepted them in writing. The decisive factor is the version that is given to the buyer when making a purchase or placing an order. If the MyGrünMöbel card is used, the general terms and conditions for this card also apply.

2. The products are always delivered according to a sample, illustration or sketch. Slight deviations in size, colour, structure and processing are reserved. Deviations without other written commitments are unavoidable, particularly in the case of subsequent/additional orders.

3. Unless otherwise agreed in writing, the products are intended exclusively for private use. Grün Möbel grants the statutory warranty for construction and material defects for a period of 2 years from delivery of the goods to the buyer. Grün Möbel does not grant any other warranties and guarantees, in particular manufacturer guarantees, unless explicitly stated otherwise in the purchase contract or the order confirmation.

4. The buyer checks the products for any defects immediately upon receipt, in particular for damage to the glass. Corresponding complaints must be made within 8 days of receipt of the products. Defects that become apparent later, i.e. during the warranty period, must be reported immediately after they are discovered. Excluded from the warranty are damages caused by wear and tear, aging and improper handling, as well as lamps. The warranty expires if products are further processed or modified by the buyer despite recognizable defects.

5. Grün Möbel or the third-party partners commissioned by Grün Möbel can provide the warranty either through free repairs or an equivalent replacement. Further claims are excluded. In the case of reduced goods, Grün Möbel reserves the right to refund the purchase price paid instead of providing free repairs or an equivalent replacement.

6. The collection and processing of the buyer’s personal data by us is explained in the data protection declaration. This forms an integral part of these GTC.

The buyer agrees to the storage of the personal data transmitted to us in the context of an order or otherwise for the purpose of contract processing. The buyer agrees that we pass on his personal data to other companies in the Grün Möbel Group. The buyer also agrees that data provided by him and other usage data will be analyzed in order to present him with personalized advertising and / or special offers and services. The analysis of the usage data can lead to the creation of user profiles. The user profiles are created in pseudonymised form and are not combined with personal data. Finally, the buyer agrees that we or third parties commissioned by us, obtain credit information if necessary (information center for credit and economic information, residents’ registration office, debt collection offices, etc.). We are also entitled to register any information about a rejection of the card application, about payment arrears and about card misuse.

7. All prices are net, including VAT. The agreement of both parties is required for the offsetting of claims. A reminder fee will be charged for reminders.

8. The products remain the property of Grün Möbel until the purchase price has been paid in full. The latter is entitled to arrange for the entry in the register of retention of title at the buyer’s expense if it considers its claim to be at risk.

9. The delivery or collection of the ordered products is agreed between the buyer and Grün Möbel. If delivery to the buyer’s address is agreed, it will generally be delivered to the apartment if the local and structural conditions allow this with normal, expected effort. If additional aids (e.g. facade lift/mountain railway) are required, the buyer must inform them in advance and bear any additional costs. If delivery to the curb is agreed, delivery will be made to the curb at the specified delivery address, provided that this road can be driven on by a truck. If the road is not passable for a truck, only one delivery is due to the nearest location to the delivery address that can be driven on by truck. The risk passes to the buyer when the ordered products are unloaded at the roadside. If assembly was agreed, it was successful

allow units under normal effort. Luminaires and electrical installations are excluded from assembly.

10. Ordered products are usually made available/delivered within the agreed delivery date. The buyer will be notified if a product is temporarily unavailable. The buyer acknowledges that delivery delays of up to two months do not entitle him to refuse acceptance of the ordered goods, to cancel the contract, to claim damages or to reclaim the purchase price. Counterclaims by the buyer can only be made with our consent.

11. If we are not supplied by our suppliers through no fault of our own, although we have placed congruent orders with reliable suppliers, we are released from our obligation to perform and can withdraw from the contract. We will inform the buyer immediately about the unavailability and, in the event of withdrawal, reimburse the customer immediately for payments already made.

12. All cases of breach of contract and their legal consequences as well as all claims of the buyer, regardless of the legal basis for which they are made, are conclusively regulated in these General Terms and Conditions. Other claims of the buyer – regardless of the legal reason – are excluded, apart from the cases mentioned below. Grün Möbel, assistants and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular not for consequential damage, loss of profit or other financial losses. The above limitation of liability does not apply to injury to life, limb or health; in the event of intentional or grossly negligent breach of duty; in the case of guarantee promises, if agreed; and as far as the area of application of the Product Liability Act is open.

13. We reserve the right to assign or pledge our due purchase price claims against you, including any due installments, interest on arrears and reminder fees, which have arisen in connection with the delivery of goods.

14. We voluntarily grant the buyer a right of return. The return period is thirty (30) days. Further information on the right of return, the modalities of the return and exceptions to the right of return, especially for customer-specific orders, can be found under the right of return article. The right of return applies to all sales channels.

15. Swiss law applies exclusively. The application of the UN sales law is excluded. The place of jurisdiction for natural persons is Suhr or the place of residence of the buyer. The place of jurisdiction for legal entities is exclusively Suhr.

Supplementary terms of use for grunmobel.ch

16. Scope

The website www.grunmobel.ch (hereinafter “website”) is operated by Grün Möbel, Altmoosstrasse 33 8157 Dielsdorf / ZH Switzerland (hereinafter “Grün Möbel” or “we”). These Supplementary Terms of Use for Grunmobel.ch (hereinafter “Terms of Use”) apply in the version current at the time the contract is concluded for all business relationships between the buyer and Grün Möbel in connection with the use of the website and orders for products and services via the website. They form an integral and supplementary component for all orders placed via the online shop.

In addition to or together with these terms of use, the general terms and conditions of Grün Möbel also apply to purchases made via the website, which are applicable to all purchases regardless of the sales channel. The following terms of use contain only website-specific provisions.

We may change these Terms of Use at any time. The version that is valid for a purchase or an order is decisive in each case.

17. Registration / data protection

It is up to the buyer to register for Grunmobel.ch or to place an order without registering. However, certain functions of the website are only available to registered buyers.

When registering, i.e. opening a customer account, the buyer is obliged to provide truthful information about himself. Grün Möbel reserves the right to delete customer accounts at any time and without giving reasons or to block a user name and password.

The buyer receives further and more detailed information on the processing of personal data by Grün Möbel in connection with the registration, but also in connection with the use of the website and purchases on the website in the data protection declaration and in the General Terms and Conditions of Grün Möbel.

18. Offers

The presentation on the Internet is non-binding. We reserve the right to modify the range of goods and their presentation at any time and to remove certain products from the range completely. We exclude any liability for typographical errors, incorrect or incomplete information and representations.

Decorative items shown in connection with a product are not part of the product range unless they are named and mentioned. Accessories and decorative items must be purchased separately.

We strive to ensure the best possible availability of the products offered on the website. However, the presentation of a specific product on the website does not mean that we make any guarantee as to its availability. We are only obliged to deliver goods that are in stock. If ordered products are not available, we may not be able to complete the order. We reserve the right to either cancel the order or only make a partial delivery. In such a case we will inform the buyer accordingly.

19. Conclusion of contract / ordering process

If the buyer places an order via the internet, e-mail, mobile phone, telephone or fax, he makes a binding offer to conclude a purchase contract. The buyer receives a confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by Grün Möbel. Grün Möbel reserves the right to reject the application without giving reasons. A legally binding purchase contract only comes into effect when Grün Möbel sends the order confirmation. Further information on the conclusion of the contract and the technical process of the order can be found under “How do I order?”

The contract is only concluded for those products that are expressly listed in the order confirmation. This also results in the scope of services.

20. Geographical validity of our offers and prices; Billing; recycling

Dispatch, delivery and installation costs are displayed separately during the ordering process and are shown transparently in the order overview and then also in the order confirmation. Further information on shipping, delivery and assembly costs as well as delivery options can be found on the website under the delivery conditions.

Our offers apply to Switzerland and Liechtenstein. For orders with delivery addresses outside of Switzerland and Liechtenstein, the stated delivery prices and flat rates are invalid. For such orders, please inquire about our shipping or delivery conditions. Our online support (062 855 33 33) will be happy to make you an attractive offer.

The advanced recycling fee (ARF) is already included in all prices for electronic devices. We are thus making a contribution to the environmentally friendly disposal of luminaires. Luminaires can be taken to any Grün Möbel branch for disposal.

21. Payment

Grün Möbel accepts the payment methods shown to the buyer during the ordering process. You can find more information under the payment options.

The purchase price and any shipping and assembly costs incurred will be charged after the order has been confirmed. When paying by credit card, the relevant amount will be blocked or reserved at the time the order is placed. However, the effective debit also takes place here with our order confirmation.

If the buyer chooses prepayment as the payment method, the order will only be processed after receipt of payment. The delivery time may be delayed accordingly.

Discounts or vouchers are only accepted under the conditions shown on the voucher. A voucher code or value is entered during the payment process. Discounts not claimed can no longer be granted subsequently. Discounts cannot be accumulated.

22. Return Policy

Returns can be made within 30 calendar days of store pickup or from the date of the postmark or delivery or receipt confirmation. If the buyer cannot produce the delivery or receipt confirmation, the 30-day period begins from the dispatch of the order.

No refund:

The following are excluded from the right of return (but not from warranty claims):

• Made-to-measure/personalized items or items assembled on customer request

• Electrical items that have been put into operation, such as lights, kitchen appliances and entertainment electronics

• Items missing the original packaging or accessories

• Used Items

• Damaged items (subject to a warranty according to paragraphs 2 to 5)

• Groceries, toiletries, consumables and copyrighted items such as CDs, DVDs or books after opening the package/seal

• Gift Certificates

• Specially marked products from sale or sales campaigns

Refund value:

For a full refund of the purchase price, the product must be returned with the original packaging, opened or unopened but in any case undamaged, in new, unused condition with all accessories.

If the original packaging of undamaged and unused goods is damaged, a processing fee of 15% or at least CHF 10 of the purchase price will be charged. The purchase price (less additional, delivery and shipping costs) will be credited or refunded in the same way that the payment was made.

Return costs:

The costs for the return are to be borne by the buyer himself.

23. Copyright

Use of this website does not imply that the purchaser is granted any license with respect to the intellectual property rights in the content of this website.

This website and all content posted there (in particular software, files, designs, graphics and data) are and remain the property of Grün Möbel – or Grün Möbel has the corresponding rights of use – and are protected by the relevant laws regarding intellectual property rights, including copyright and trademark rights . Any unauthorized use of this website, in particular the use of this website or its contents for any professional or commercial purpose of any kind, as well as the reproduction, representation, transmission to others, communication, circulating, distribution, modification, licensing, sale or any Any other use of this website or its content, texts, text parts, static or animated graphics, audio data, software, goods or services as well as other data or information is expressly prohibited without the prior written consent of Grün Möbel. In particular, methods such as framing and inline linking of the website and content are prohibited.