General Terms and Conditions (GTC) of livingtree.ch (FRUYTS GmbH)
The following regulations on the conclusion of the contract apply to purchases and orders from and at livingtree.ch (FRUYTS GmbH). The imprint and the privacy policy are part of the GTC.
These regulations and general terms and conditions (hereinafter “GTC”) apply to the purchase of all products, which are carried by livingtree.ch (FRUYTS GmbH) in the assortment. General terms and conditions of the Buyer shall be deemed not agreed. The same applies to amendments to these GTC, unless we have accepted them in writing. In each case, the version that is given to the buyer with a purchase or an order is decisive.
The products are always delivered according to sample, illustration or sketch. Slight deviations in size, color, structure and processing may occur. Particularly in the case of repeat/supplementary orders, deviations are unavoidable unless otherwise agreed in writing.
Order and purchase
In the event of the conclusion of the contract, a contract ‘offer to purchase’ with livingtree.ch (FRUYTS GmbH), Industriestrasse 3, 8952 Schlieren (Commercial Register Office of the Canton of Zurich, CH-400.4.450.323-9) is concluded. Contact details: store@livingtree.ch / +41 (0)44 731 38 38.
A purchase offer is concluded by the successful completion of the ordering process in the online store. The seller may accept or reject the customer’s purchase offer within 5 working days.
Payment via PayPal, credit card (Visa, Mastercard), Postcard (Switzerland only), Giro Pay (Germany only), Postfinance (Switzerland only), ApplePay or invoice (Switzerland only).
Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in arrears the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept in addition to our terms and conditions, the terms and conditions of POWERPAY. (powerpay.ch/en/agb).
Prices
Unless otherwise indicated, all prices include the statutory value added tax. The delivery costs are shown separately depending on the product, wishes and order conditions (for example, customs, other taxes). Special conditions apply to large projects, special conditions, remote delivery addresses and marked products.
In principle, we adhere to the non-binding prices suggested by the manufacturer (RRP). If you get a better price from another Swiss dealer for the same conditions, please contact us at store@livingtree.ch and we will try to offer the same price.
Right of withdrawal and cancellation
There is no right of withdrawal / return for custom made, special orders or custom made pieces or special fashion. In the project business or in the case of special offers, a possible right of withdrawal will be agreed on a case-by-case basis.
The original delivery bill must always be enclosed with the return shipment if no other document is enclosed.
Warranty
Defective goods can be returned within 14 days after receipt. The address is available at store@livingtree.ch. Please note that defective goods will be taken back only in original packaging.
Retention of title; set-off; right of retention
1) For consumers, we retain ownership of the purchased goods until full payment of the invoice amount. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims have been settled. The corresponding security interests are transferable to third parties.
2) A right of set-off shall only exist if your counterclaims have been legally established or are undisputed or acknowledged by us. You shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
3) If the customer / buyer is in default of payment obligations to livingtree.ch (FRUYTS GmbH), all existing claims shall become due immediately.
In principle, Swiss law applies.
Delivery
Before signing the delivery bill, check the packaging of the delivered furniture for correctness and transport damage. If the goods were delivered incomplete or defective, the customer must contact livingtree.ch (FRUYTS GmbH) in writing at store@livingtree.ch (FRUYTS GmbH) within 24 hours. The addition “goods accepted with reservation” must be noted on the delivery bill. A photo of the defective goods or the battered packaging will help us to claim the compensation.
Delivery times are indicated on the product detail page. In individual cases, delays may occur. After 30 days of delay after the expiration of the originally accepted delivery time, the buyer may withdraw from the purchase. We deliver only to well accessible areas in Switzerland and Lichtenstein. Easily accessible designate areas that are directly accessible by the specified delivery method. Stairlift, special transports etc. will be charged separately.
Assembly and floor delivery must be agreed and charged separately. The customer in the duty to ensure that the purchased product fits the place of use, access to the room / place is guaranteed and assembly can be performed.
Returns
Please always enclose the original delivery bill if no other receipt is enclosed. For returns, please contact store@livingtree.ch. Please note that the goods will be taken back only in original packaging.