TERMS AND CONDITIONS

General Terms and Conditions of Stauffacher Handels GmbH

Stauffacher Handels GmbH is the owner of USM-Markt.ch. We buy and sell office furniture and specialise in the trade in second-hand USM Haller furniture.

Scope of application
Offer and conclusion of contract
Prices
Dates, delivery times, partial deliveries
Transport of goods
Default of acceptance
Complaints, quantity discrepancies and transport damage
Warranty and guarantee
Right of withdrawal and returns
Retention of title
Payment method: Prepayment/bank transfer for business customers
Late payment, reminders and withdrawal from the contract
Limitation of liability
Data protection
Place of jurisdiction

1. Scope of application

The deliveries, services and offers from Stauffacher Handels GmbH are provided exclusively on the basis of these terms and conditions. By placing an order or purchasing the goods and/or services, these conditions shall be deemed accepted. The buyer’s general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions shall only be effective 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 guide prices and non-binding. Binding are the prices shown in the showroom or the offers of Stauffacher Handels GmbH.

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

3. Prices

Applicable are the prices stated in our order confirmation for materials and services. Unless otherwise agreed, the prices include statutory value added tax.

4. Dates, delivery times, partial deliveries

Without written confirmation, dates and delivery times are non-binding. The specification of certain delivery periods and delivery dates by Stauffacher Handels GmbH is subject to correct and timely delivery to Stauffacher Handels GmbH by suppliers and manufacturers.

If an order consists of items with different delivery times, we offer optional partial delivery in addition to complete delivery. Depending on the total value of the order, additional costs may arise for partial delivery. These costs shall be borne by the buyer, unless Stauffacher is the cause, for example due to incorrect delivery time information, incorrect orders, etc.

Current delivery conditions…

5. Transport of goods

If transports of goods are carried out by third-party companies, this constitutes a contract between the buyer and the transport company. The Stauffacher Handels GmbH may arrange the transport of goods, but the order is placed by the buyer.

The responsibility of Stauffacher Handels GmbH ends upon notification of readiness for dispatch and takeover of the goods by the transport company.

Costs for lifting aids for delivery to point of use

The flat-rate price applies to delivery by a maximum of two persons without aids. If delivery to the point of use is only possible with lifting aids such as a crane or a lift, the additional costs shall be charged to the buyer.

6. Default of acceptance

If the buyer refuses acceptance of the delivery items after expiry of an additional period set for them, Stauffacher Handels GmbH may refuse performance of the contract and claim damages for non-performance demand. Stauffacher Handels GmbH is entitled, as damages, to demand from the buyer, at its discretion, a flat rate of 25 % of the agreed purchase price or compensation for the costs actually incurred.

7. Complaints, quantity discrepancies and transport damage

Visible quantity discrepancies & transport damage upon handover

Visible quantity discrepancies as well as externally recognisable transport damage must be noted immediately upon receipt of the goods on the delivery note/consignment note and countersigned by both the buyer and the transporter/carrier.

Hidden quantity discrepancies & defects

Hidden quantity discrepancies or other defects must be reported to Stauffacher Handels GmbH in writing within 4 calendar days of receipt of the goods (e.g. by email).

Transport damage (parcel shipping/DHL)

In the event of damage that is only discovered after unpacking, or in the event of visible parcel damage, the damage must be reported to Stauffacher Handels GmbH in writing without delay, but no later than within 48 hours of delivery.

In order for transport damage to be asserted with the insurer or the shipping service provider (e.g. DHL / Swiss Post), the buyer is obliged to provide us without delay with the following evidence:

At least one clear photo of the damaged outer packaging (including a recognisable shipping label),
At least one photo of the opened parcel from the inside showing the padding, the filling material and the position of the goods in the parcel,
At least one photo of the damaged goods themselves (detailed shot of the damage).

Packaging and padding material must be retained until final settlement of the damage and must not be disposed of.

Delays and loss

Complaints relating to delays, losses or defective packaging must be communicated to Stauffacher Handels GmbH in writing immediately after becoming known.

Failure to give notice of complaint

If the notice of defects or damage report is not made in due time and form, or if the required proof of damage is missing, the delivery shall be deemed approved to the extent permitted by law.

8. Warranty and guarantee

Stauffacher Handels GmbH generally grants a warranty of 2 years from the date of purchase on all new products. If an item has a longer warranty period, this is explicitly indicated in the relevant product description.

We give a 6-month warranty on our USM shelving and individual parts with the condition designation as-new, or top-quality second-hand.

We cannot give any warranty on all other used furniture and parts.

Warranty claims against Stauffacher Handels GmbH are available only to the direct buyer and are not transferable.

The assertion of warranty claims absolutely requires prior written contact for clarification. Except in the case of USM shelving, in as-new or top-quality second-hand condition, the bring-in principle applies: The complained-about goods must be delivered by the customer at their own expense and risk to our location in Wangen SZ or to our showroom in Zurich. After inspection, repair or provision of any replacement product, the goods must also be collected again by the customer from the relevant location.

9. Right of withdrawal and returns

The buyer has the right to withdraw from the purchase contract within one week without giving reasons. The withdrawal period is 7 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 by means of a clear written declaration (e.g. by letter or email) of the decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal

If the buyer makes use of their right of withdrawal in due time, they must return or hand over the goods to us without delay and no later than 14 days from the day on which they inform us of the withdrawal from this contract. The return is at the buyer’s cost and risk. As soon as we have received the goods back in full , a credit note, in the form of a credit code, will be issued. This can be used for the next order, online or in the branch. If the buyer requests a refund, a processing fee of a flat-rate CHF 20.- will be deducted.

Restrictive provisions

Delivery costs are not refunded.
If delivery was free of charge, we charge the actual delivery costs.
For as-new/factory-new USM metal elements, 20 % of the new price will be charged. The reason for this is that we can no longer sell these metal elements as as-new/factory-new. These are installed in our top-quality second-hand furniture where they are then sold/charged at 20% below the new price, so to speak.
Any loss in value of the goods due to damage will be charged.
In the case of furniture built at the customer’s request, we reserve the right to charge for the labour involved.
Ordered new goods which we have ordered on behalf of the customer generally cannot be returned.

10. Retention of title

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

11. Payment method prepayment/bank transfer for business customers

We offer verified business customers (with VAT number) the payment method bank transfer (prepayment). After receipt of the order, you will receive the invoice by email as a PDF. The ordered goods will be reserved for you from that point in time.

The invoice amount is due for payment within 5 calendar days from the order date, unless otherwise agreed in writing. Dispatch or further processing of the order shall only take place after full receipt of payment in our bank account. If payment is not received on time, we reserve the right to cancel the reservation and the order.

Different payment periods or purchase on account after delivery are possible on request exclusively for authorities, educational institutions and verified large companies after manual review.

12. Late payment, reminders and withdrawal from the contract

Late payment and default interest: If the customer is wholly or partially in default of payment, we reserve the right to charge the statutory default interest of 5 % p.a. from the due date without further reminder.
Reminder fees: In the event of non-payment, a free payment reminder may be issued after expiry of the payment period. For subsequent reminders, in order to cover the additional administrative effort, we charge a reminder fee of CHF 20.- for the first reminder and CHF 30.- for the second and final reminder
Debt enforcement and collection: If payment is still not made after a reminder, we reserve the right to hand over the claim without further announcement to the competent debt enforcement office or a debt collection service company. All costs and expenses of third parties incurred in this process shall be borne in full by the customer.
Withdrawal from the contract and damages: After expiry of a set additional period, we are entitled to withdraw from the contract, to withhold any goods not yet delivered, to reclaim goods already delivered and to assert damages for non-performance.
Early maturity: All outstanding claims against the customer become due with immediate effect if the customer defaults on a payment, breaches essential contractual obligations or if circumstances become known that significantly reduce their creditworthiness (in particular cessation of payment, debt restructuring moratorium or initiation of bankruptcy proceedings). In these cases, we are entitled to carry out outstanding deliveries exclusively against advance payment or provision of security.

13. 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 intentional or grossly negligent conduct exists.

Any liability for consequential damage arising from the use of our products is excluded.

14. Data protection

The Stauffacher Handels GmbH is entitled to process the data received regarding the buyer in connection with the business relationship or in connection with it, regardless of whether these come from the buyer themself or from third parties, within the meaning of the Federal Act on Data Protection (DSG). Personal data of the buyer will be treated confidentially and only disclosed to third parties in the context of a credit check or in the event of taking out insurance.

15. Place of jurisdiction

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