GENERAL TERMS AND CONDITIONS

General Terms and Conditions

1 Scope of application

The General Terms and Conditions (hereinafter referred to as"GTC") apply to all legal transactions concluded via the online store www.bloomingloft.ch. The online store is operated by Malio GmbH (hereinafter referred to as"BLOOMINGLOFT.CH").

BLOOMINGLOFT.CH reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall apply, which cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.

The deliveries, services and offers of BLOOMINGLOFT.CH are made exclusively on the basis of the following terms and conditions, even if they are not expressly agreed again. By ordering the goods or services, these terms and conditions are deemed to be accepted. General terms and conditions of purchase of the buyer are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.

2 Offer and conclusion of contract

The offers of BLOOMINGLOFT.CH in price lists and advertisements are subject to change and non-binding. Orders are only binding for BLOOMINGLOFT.CH after written confirmation. Offers as well as checked returns and clearance sales are excluded from the binding nature of availability. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as approximate values and do not constitute a guarantee of properties, unless they are expressly designated as binding in writing. If a buyer exceeds his credit limit by placing an order, we shall be released from our obligation to deliver.

The receipt of an online order is indicated to the customer by means of an automatically generated order confirmation from BLOOMINGLOFT.CH to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed in the online store has been received and that the contract with BLOOMINGLOFT.CH has therefore been concluded on condition that the product can be delivered and the price quoted is correct.

3 Prices

All sales prices published in the online store are final prices that include all taxes (in particular VAT), any advance recycling fees (ARF), costs for packaging, delivery costs and all other possible charges, fees or costs. The only exception to this is a possible minimum quantity surcharge, which is levied by BLOOMINGLOFT.CH. In addition to the final price, a minimum quantity surcharge of a maximum of CHF 6.90 will be charged if the total of the shopping cart for an order is less than CHF 68.95. BLOOMINGLOFT.CH 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. Prices are subject to change and errors excepted.

4 Availability and delivery time

BLOOMINGLOFT.CH attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online store. However, due to production or delivery bottlenecks in particular, there may be delays in delivery both at BLOOMINGLOFT.CH itself and at the suppliers. All information on availability and delivery times is therefore without guarantee and may change at any time. There is no entitlement to compensation in the event of late delivery or missed delivery dates.

If BLOOMINGLOFT.CH is delayed in delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th working day (5 days per week) since the originally announced delivery date. In this case, BLOOMINGLOFT.CH will refund the customer any amounts already paid in advance. There are no further claims against BLOOMINGLOFT.CH.

5 Delivery

For delivery and assembly, the accessibility of the goods must be guaranteed by the customer.

Visible differences in quantity must be reported to BLOOMINGLOFT.CH and the carrier in writing immediately upon receipt of the goods, hidden differences in quantity within 2 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

Furniture and other larger deliveries are delivered by a forwarding agent cooperating with us. Delivery is always free of charge. The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer shall bear any additional costs.

Some of our products are delivered from the manufacturer to the consumer on a disposable pallet. The disposable pallet is part of the shipment and must be disposed of by the recipient together with the carton and other packaging material at his own expense, unless otherwise agreed. Shipping companies only take back reusable pallets (Euro pallets).

Deadlines stated in days always refer to working days and not weekdays.

The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer shall bear any additional costs.

6 Additional services: Assembly and disposal

Assembly includes the delivery, unpacking and assembly of the ordered products.

Disposal of packaging material: At the customer's request, the cartons and other packaging material can be disposed of by the carrier for a standard market fee. Please note, however, that in the event of a return, the goods must be provided in the original carton.

Disposal of items/old furniture: At the customer's request, we can accept and dispose of the items/old furniture specified by the customer in the order in an environmentally friendly manner as part of the delivery and/or assembly. These must correspond approximately to the ordered product in terms of type and quantity. The items to be disposed of must be provided by the customer in a manner suitable for transportation and on the agreed delivery date of the ordered products.

If the installation service cannot be provided due to a reason for which the customer is responsible (e.g. due to non-compliance with the installation deadline, incorrect measurement information, etc.), the customer shall not be entitled to a refund of the installation service paid for. Damage to the product (soiling, damage, etc.) that occurs during the provision of the service by the company or subcontractor will be rejected in full. The customer is obliged to check the completeness, correctness and integrity of the delivered items before the installation of a product, otherwise the service must be charged in full.

Customers will be contacted by our shipping partner to agree the delivery date. For shipments that have been notified, the recipient is obliged to be on site at the agreed time. If the recipient is absent, the customer shall bear the costs of redelivery.

Alternatively, the customer can also instruct the forwarding agent to deliver the delivery to a neighbor or to deposit it in front of the entrance without a signature. A written drop-off authorization is required for this. This can be sent in advance by e-mail or communicated by telephone.

Upon delivery, if the packaging is damaged, the recipient must check all items for damage together with the driver. If the driver does not agree with this, we recommend refusing to accept the shipment and ask the buyer to report this to us immediately.

If the recipient decides to accept the damaged consignment, this must be reported to the carrier in writing and the recipient should have the damage acknowledged or confirmed in writing on the scanner (please specify the type and location of the damage). Transport damage that was not recorded by the carrier upon acceptance of the goods will not be accepted. Any claims by the buyer in this regard will be rejected.

7 Transfer of risk / obligation to inspect

The risk is transferred to the buyer as soon as the shipment has been handed over to the person/company carrying out the transportation. If shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the Buyer upon notification of readiness for shipment. An agreed assumption of the transportation costs by BLOOMINGLOFT.CH has no influence on the transfer of risk.

The customer must check the delivered products immediately for correctness, completeness and delivery damage. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill.

Delivery damage, incorrect and incomplete deliveries must be reported to BLOOMINGLOFT.CH within 2 calendar days from the time of collection or delivery. The customer may not put such a product into operation. They must keep it as received in the original packaging and follow the instructions of the returns process under "Returns and refunds".

7 Warranty

The warranty period in accordance with the following provisions is 2 years, unless expressly agreed otherwise in writing. The warranty period begins on the date of delivery. If the operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices/items, or tampering or opening of devices. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/rechargeable batteries is excluded. Warranty claims against BLOOMINGLOFT.CH are only available to the direct buyer and are not transferable.

The buyer must report a defect within 48 hours of receipt of the shipment by e-mail to info@bloomingloft.ch or by telephone to +41(0)445925717. If hidden defects are discovered during the warranty period, they must be reported as soon as they are discovered. Complete information about the damage, including evidence, must be completed by the buyer within 7 days.

The following claims are excluded from the guarantee:

All products offered by us are intended for non-commercial use, unless otherwise expressly communicated separately by us to the customer in advance. Complaints regarding goods used for commercial purposes may be rejected by the manufacturer if the defects are caused by intensive use.

Slight color differences may occur and are also dependent on the graphics card, the monitor and the customer's settings and other conditions such as daylight, artificial light, etc. We naturally endeavor to display the products on our website as realistically as possible. The dimensions of certain products may also differ slightly from those on our website.

Any damage caused by wear and tear, ageing, non-compliance with the operating and assembly instructions and improper handling of the product, as well as minor damage, are excluded from the warranty. Minor damage is defined as defects that are not obviously visible to the naked eye and in diffuse lighting conditions from a distance of 3 meters perpendicular to the damaged area. Claims against the seller for minor damage are invalid. The warranty expires if the goods have been processed or modified despite recognizable defects. In warranty cases, it is up to the seller to decide whether the damaged or defective part will be replaced free of charge or whether a partial refund / price reduction will be granted. The seller shall find a reasonable solution that does not incur excessive costs.

The seller is not liable for damage caused by errors or actions of third parties or for unjustified refusal to accept the goods. In such a situation, the costs associated with the return and reshipment of the goods shall be borne by the buyer.

8 Returns

A return of products by the customer always requires the prior consent of BLOOMINGLOFT.CH and is always at the expense of BLOOMINGLOFT.CH. For details, please refer to the section "Returns & Refunds".

Products must be returned in their original packaging and accompanied by a detailed description of the fault/defect or reason for return and a returns number. Items that we order specially and specifically at the customer's request cannot be returned. The replacement of parts, assemblies or entire appliances does not result in a new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. Items that were ordered at the express request of the customer, i.e. that were created specifically for the customer in the store, are excluded from the right of return.

Under the conditions listed under "Returns & Refunds", BLOOMINGLOFT.CH grants the right to return the ordered products within a maximum of 30 calendar days from receipt of the goods.

The customer must register the return of the products in writing as described in the section "Returns & Refunds" and return them in accordance with the instructions described there. The products must be properly packed with all accessories in the original packaging. Products damaged by the customer will not be taken back or will be charged to the customer in full.

If the customer makes use of their right of return, BLOOMINGLOFT.CH will refund the entire purchase price minus any minimum quantity surcharge paid. The refund will always be made via the same payment method chosen by the customer at the time of payment.

9 Retention of title

The delivered goods remain the property of BLOOMINGLOFT.CH until full payment has been made.

10 Payment

Invoices are to be paid net, depending on the agreement with a payment option available in the online store, unless otherwise agreed.

In the case of purchase on account, the external payment service provider MF Group (Powerpay) takes over the resulting invoice claim and processes the corresponding payment modalities. As part of this cooperation, customer data is forwarded to the financial service provider. When purchasing on account, the customer accepts, in addition to the GTC of BLOOMINGLOFT:CH, the GTC of MF Group, www.mfgroup.ch/agb, provided that a valid e-mail address is provided.

If the Customer waives payment of the order invoice within the specified time frame or opts for partial payment, the Customer will receive a monthly invoice with all outstanding amounts by post. In the event of partial payment, interest and administrative fees will be charged on the outstanding amount.

A payment is only deemed to have been made when we have the amount at our disposal.

11 Minimum quantity surcharge

Up to an order amount of CHF 68.95, we charge a small quantity surcharge of CHF 6.90. This is waived as soon as the order value is CHF 69.00 or more.

12 Modification of the order or cancellation

Orders oblige the customer to accept the products and services. BLOOMINGLOFT.CH may accept subsequent changes or cancellations of customer orders at its own discretion and charge a handling fee of 20% of the canceled order value, but at least CHF 60, as well as any loss in value of the canceled products since they were ordered.

If a (partial) delivery impossibility (resolutory condition) occurs after an order or the conclusion of a contract in accordance with clause 4, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer shall be released from the obligation to pay. Further claims due to delayed delivery or failure to deliver are excluded.

13 Limitation of liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.

14 Copyrights

The provisions of the manufacturer's license agreement apply exclusively. Companies, brands, trademarks, trade names, images and logos used on this site are the property of their respective owners. Any reproduction, distribution or other use is prohibited and only permitted with the express written consent of BLOOMINGLOFT.CH. BLOOMINGLOFT.CH reserves the right to take all legal action in the event of a breach of this provision.

15 Data protection

The privacy policy is an integral part of these GTC. By accepting these GTCs, you also agree to the privacy policy.

16 Place of jurisdiction

Rheineck is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

17 Vouchers

Vouchers can only be redeemed via the online store bloomingloft.ch. Our vouchers cannot be used for shipping costs or services. The voucher cannot be exchanged for gift vouchers from our store.

Only one voucher can be redeemed per order, unless otherwise agreed. The residual value of vouchers that have not been redeemed expires. Vouchers cannot be combined with other offers. Cash payment is not possible. Vouchers cannot be offset against previous orders. The validity of the voucher is specified in the respective promotions.

18 Newsletter

By purchasing our products, you automatically subscribe to our newsletter. By subscribing to our newsletter, you also agree to receive information about special offers, surveys or other marketing campaigns via all channels: Email, SMS, WhatsApp, Facebook, Instagram, YouTube, Messenger, Skype and more. You can unsubscribe from the newsletter at any time using the link at the bottom of the newsletter. Alternatively, you can also write to our customer service and we will unsubscribe you immediately.

19 Wood declaration

The aim of the declaration obligation is to increase transparency for consumers so that they can make informed purchasing decisions. The most important instrument is the so-called wood database. This database can be used to retrieve both the scientific name and the trade name of the wood species required for the declaration. It also provides information on the distribution areas of the wood species and information on whether they are subject to species protection agreements. Further information can be found here:https://www.konsum.admin.ch/bfk/de/home/holzdeklaration/holzdatenbank.html