Conditions

General Terms and Conditions (GTC)

S&J Handel Shi (Buddha Deko)

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all orders, deliveries and other business relationships between S&J Handel Shi (Buddha Deko) and its customers, in the version valid at the time the order is placed.

(2) The offer is directed both at consumers and at businesses domiciled or having their registered office in Switzerland and in the countries to which we deliver.

(3) Any deviating, conflicting or supplementary general terms and conditions of the customer shall not form part of the contract unless we have expressly agreed to their applicability in writing.

(4) Individual agreements with the customer shall take precedence over these GTC, provided they have been confirmed in writing.

§ 2 Conclusion of Contract

(1) The presentation of products in our online shop at www.buddha-deko.ch does not constitute a legally binding offer, but a non-binding invitation to the customer to submit an offer to enter into a purchase contract.

(2) The contracting party is:

S&J Handel Shi (Buddha Deko)

Rietstrasse 181A

8200 Schaffhausen

Switzerland

UID: CHE-348.484.626

Email: info@buddha-deko.ch

(3) By clicking the button “Order with obligation to pay”, “Buy now” or an equivalent button, the customer submits a binding offer to enter into a purchase contract for the products contained in the shopping cart.

(4) Receipt of the order is confirmed to the customer automatically by email. This order confirmation does not yet constitute acceptance of the offer.

(5) The purchase contract is concluded only when we expressly confirm the order by email, dispatch the goods or hand the goods over to the customer, whichever occurs first.

(6) Before submitting the binding order, the customer may review and correct all entries at any time or cancel the ordering process by closing the browser window.

(7) We store the contract text electronically. The order data and these GTC are made available to the customer together with the order confirmation or by another suitable means. The current version of the GTC may be viewed on our website at any time.

(8) The contract language is German. Where translations into other languages are provided, only the German version shall constitute the legally binding basis.

§ 3 Right of Withdrawal

(1) Consumers have the right to withdraw from the purchase contract within fourteen (14) days without stating reasons, provided that a right of withdrawal exists under the applicable statutory provisions.

(2) The withdrawal period is fourteen (14) days from the day on which the customer, or a third party designated by the customer who is not the carrier, takes possession of the goods.

(3) To exercise the right of withdrawal, an unequivocal declaration by email or letter to the following address is sufficient:

S&J Handel Shi (Buddha Deko)

Rietstrasse 181A

8200 Schaffhausen

Switzerland

Email: info@buddha-deko.ch

(4) To comply with the withdrawal period, it is sufficient for the declaration of withdrawal to be sent before the period expires.

(5) After receipt of the returned goods, the goods will be carefully inspected. The refund will be made within the statutory period after completion of the incoming-goods inspection, using the same means of payment as was used for the order, unless otherwise agreed. The customer’s statutory rights remain unaffected.

(6) We are entitled to withhold the refund until the incoming-goods inspection has been completed.

(7) The customer shall bear the direct costs of returning the goods unless otherwise required by law.

§ 4 Delivery

(1) Unless otherwise stated in the relevant product description, all products offered are ready for dispatch. The delivery period begins after conclusion of the purchase contract and, in the case of advance payment, after receipt of full payment.

(2) The stated delivery times are non-binding estimates. Delays caused by force majeure, official orders, customs clearance, strikes, natural events or other unforeseeable events beyond our control do not give rise to claims for damages.

(3) Delivery is generally made to the kerbside unless otherwise specified in the product description or in a written agreement. Additional services such as delivery to an upper floor, carrying goods into the home, assembly or disposal of packaging materials are not included in standard shipping and require a separate agreement.

(4) The type of packaging, method of dispatch and selection of the transport company are determined at our reasonable discretion unless otherwise agreed in writing.

(5) The customer is obliged to inspect the goods immediately upon receipt for visible transport or packaging damage. Visible transport damage must be noted on the carrier’s proof of delivery and reported to us in writing no later than 48 hours after receipt of the goods. Late notification does not affect statutory warranty rights, but may make it more difficult to pursue claims against the carrier.

(6) Special customer requests regarding the delivery date, packaging, method of dispatch or transport are binding only if confirmed by us in writing. Any resulting additional costs shall be borne by the customer.

(7) Packaging materials or transport pallets will be taken back only if this has been expressly agreed in writing.

§ 5 Prices, Payment Terms and Default in Payment

(1) All prices are stated in Swiss francs (CHF) and correspond to the prices published in the online shop at the time the order is placed. Unless expressly stated otherwise, prices include the applicable statutory value added tax. Shipping, delivery or additional costs are shown separately during the ordering process.

(2) The customer may use only the payment methods offered in the online shop. We reserve the right to exclude individual payment methods for certain orders or delivery countries, or to offer them only after a successful credit check.

(3) The purchase price is due immediately upon conclusion of the contract unless otherwise agreed for the selected payment method.

(4) Where payment by invoice is selected, the invoice amount must be paid without deduction within the payment period stated on the invoice.

(5) If the customer is in default of payment, we are entitled to charge statutory default interest and reasonable reminder fees. Further statutory claims remain reserved.

(6) All costs arising from unjustified chargebacks, failed payments or payment disruptions caused by the customer may be charged to the customer.

(7) The customer shall have a right of set-off or retention only to the extent that the customer’s counterclaims have been finally adjudicated or expressly acknowledged by us in writing.

§ 6 Retention of Title

(1) The delivered goods shall remain our property until all claims arising from the relevant purchase contract have been paid in full.

(2) Before full payment, the goods may not be pledged, transferred by way of security or otherwise encumbered with third-party rights.

(3) The customer undertakes to treat the goods subject to retention of title with care until ownership passes and to protect them against damage, loss or unauthorised access by third parties.

(4) If third parties take action against the goods subject to retention of title, in particular by seizure or similar measures, the customer must inform us immediately in writing and notify the third party of our retention of title.

(5) In the event of conduct by the customer in breach of contract, in particular default in payment, we are entitled to withdraw from the contract in accordance with the statutory provisions and demand the return of the goods subject to retention of title. Further statutory claims remain unaffected.

§ 7 Returns

(1) Where the customer is entitled to a contractual or statutory right of return, the goods must be returned within the applicable period, complete, carefully packaged and in their original condition.

(2) The buyer shall bear the direct costs and the transport risk of the return unless otherwise required by law.

(3) The goods must be packaged so as to be secure for transport. Wherever possible, the original packaging and the original pallet must be used. If other packaging materials are used, they must provide at least the same level of protection.

(4) The buyer is liable for damage, loss in value or loss occurring during the return as a result of inadequate packaging or through the transport service provider commissioned by the buyer.

(5) After receipt of the returned goods, the goods will be carefully inspected. The refund will be made after successful verification of the original condition, using the same means of payment as was used for the order, unless otherwise agreed.

(6) Delivery, shipping, additional or return costs already incurred will not be refunded unless there is a statutory obligation to do so.

(7) The right of return does not apply to goods made or altered according to customer specifications or in other cases excluded by law.

§ 8 Warranty

(1) The statutory warranty provisions of Swiss law apply.

(2) Our furniture is predominantly made of solid natural wood. Natural features such as grain, colour variations, knots, natural edges, growth forms, minor irregularities and natural stress cracks are characteristic properties of the material and do not constitute defects.

(3) Each item of furniture is a handcrafted one-off piece. Variations in colour, structure, shape or wood appearance compared with other products or previous deliveries do not give rise to warranty claims.

(4) In particular, the warranty does not cover damage or changes resulting from:

• improper use or improper assembly;

• inadequate or unsuitable care;

• excessive dryness or moisture;

• substantial fluctuations in temperature or humidity;

• direct sunlight;

• underfloor heating, radiators or other strong heat sources;

• normal ageing of the material;

• natural warping of the wood, darkening or changes in the wood colour;

unauthorised repairs, processing or modifications by the customer or third parties.

(5) Wood is a living natural material. Changes to the surface, colour or wood structure that develop over time due to natural environmental influences and do not materially impair fitness for use do not constitute defects.

(6) Visible defects should, where possible, be reported to us in writing immediately after receipt of the goods so that they can be dealt with promptly. Statutory warranty rights remain unaffected.

§ 9 Product Description and Natural Wood

(1) All furniture in our range is predominantly made of solid natural wood. Each item is unique due to its natural structure, grain, colouring and growth form.

(2) Unless otherwise stated in the relevant product description, the product photographs published on our website generally show the actual one-off item offered for sale. Product images form part of the product description and serve to illustrate the individual features of the relevant item of furniture.

(3) The dimensions stated in the product description have been determined with care. Minor deviations due to handcrafted production or the natural properties of the material are possible and do not constitute defects.

(4) Wood is a living natural material. Even after delivery, changes in temperature or humidity may cause natural stress cracks, slight deformation, colour changes or darkening of the wood. These natural changes are typical of the material and do not give rise to warranty or complaint claims, provided that fitness for use is not materially impaired.

(5) Natural features such as knots, natural edges, grown-in irregularities, colour variations, medullary rays, mineral inclusions, pores, growth directions and individual surface structures are characteristic properties of solid wood and do not constitute defects.

(6) Images, colour representations and surfaces may differ slightly from the actual product due to different screen or device settings. Such technically caused differences do not constitute defects.

§ 10 Product Safety and Care

(1) Our products must be used solely for their intended purpose. The information in the relevant product description and the care recommendations supplied must be observed.

(2) Furniture must be placed on a suitable, level and load-bearing surface. The customer is obliged to check its stability regularly.

(3) Solid wood furniture must be protected from permanent moisture, standing water, extreme dryness, direct sunlight and immediate proximity to radiators, fireplaces or other strong heat sources.

(4) Decorative items and small parts are not suitable as toys and must be kept away from children.

(5) Care and cleaning products may be used only in accordance with the manufacturer’s instructions. We accept no liability for damage caused by unsuitable cleaning or care products.

§ 11 Data Protection

(1) Personal data is processed exclusively in accordance with the applicable data protection laws and our privacy policy.

(2) Personal data is processed solely for the performance and administration of the contractual relationship, the processing of orders, customer communication and compliance with statutory obligations.

(3) Further information on the nature, scope and purpose of data processing and on the rights of data subjects may be found at any time in the current version of our privacy policy at www.buddha-deko.ch/datenschutz.

§ 12 Liability

(1) We are liable in accordance with statutory provisions for damage caused intentionally or through gross negligence by us, our legal representatives or persons employed in performing our obligations.

(2) In the event of a slightly negligent breach of material contractual obligations, our liability is limited to the damage typical of the contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose performance is essential to the proper execution of the contract and on whose fulfilment the customer may generally rely.

(3) Otherwise, liability for slight negligence is excluded to the extent permitted by law.

(4) The above limitations of liability do not apply to damage arising from injury to life, body or health, or in cases where mandatory statutory provisions require more extensive liability.

(5) We accept no liability for damage caused by improper use, improper storage, unsuitable care, natural material properties, normal wear and tear or interventions by the customer or third parties.

(6) We accept no liability for delivery delays caused by force majeure, natural events, pandemics, official measures, strikes, customs clearance, traffic disruptions or other circumstances for which we are not responsible. The customer’s statutory rights remain unaffected.

§ 13 Applicable Law

(1) All legal relationships between S&J Handel Shi (Buddha Deko) and the customer shall be governed exclusively by substantive Swiss law.

(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(3) If individual provisions of these General Terms and Conditions are or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The applicable statutory provision shall replace the invalid or unenforceable provision.

§ 14 Place of Jurisdiction and Final Provisions

(1) The place of jurisdiction for all disputes arising out of or in connection with the business relationship shall, to the extent permitted by law, be Schaffhausen, Switzerland.

(2) The place of performance for all deliveries and services shall, to the extent permitted by law, be Schaffhausen, Switzerland.

(3) Amendments or additions to these General Terms and Conditions must be made in writing unless otherwise required by law.

(4) The current version of these General Terms and Conditions is published on our website at www.buddha-deko.ch.