Conditions

Lealhome Sener General Terms and Conditions

Version I; valid from [01. April 2024]

1. scope

These General Terms and Conditions (hereinafter “GTC”) are applicable to all offers, deliveries and services from Lealhome Sener (hereinafter “Lealhome”), subject to separate written agreements with the customer, and regulate the contractual relationship between Lealhome and the orderer/buyer (hereinafter "Customer").

If the purchase contract and the General Terms and Conditions contain different regulations, the provisions of the purchase contract generally take precedence over those in the General Terms and Conditions. However, if the provisions of the purchase contract are unclear or incomplete, the provisions of the General Terms and Conditions apply.

By signing the purchase contract, the customer accepts the validity of these General Terms and Conditions. In online trading on [www.lealhome.ch] (hereinafter “online shop”), consent to the General Terms and Conditions is requested separately and becomes binding by clicking the [“Order”] button when completing the ordering process. The validity of any general terms and conditions of the customer is expressly excluded.

Individual deviations from these General Terms and Conditions must be in writing to be valid; communication via email is equivalent to this.

Lealhome reserves the right to change these Terms and Conditions at any time. The new version comes into force upon publication on the Lealhome website. The version of the General Terms and Conditions that was handed out with the purchase contract - or, in the case of an order in the online shop, the version published at the time the contract was concluded - applies to the customer.

1. Offers and conclusion of contract

The presentation of the goods, their description and price in the online shop, in the showroom at Lealhome's headquarters (hereinafter "show room") as well as in brochures, advertisements or the like does not constitute a legally binding contractual offer or a guarantee of properties unless they are expressly stated to be binding in writing.

1. a) Online shop

By clicking the [“Order”] button when completing the ordering process, the customer submits a binding offer to Lealhome to conclude a purchase contract. The customer receives confirmation that the order has been received. This confirmation does not constitute acceptance of the offer by Lealhome. A legally binding contract is only concluded when Lealhome sends the order confirmation.

1. b) Show room

A contract between Lealhome and the customer outside the online shop is only concluded when the purchase contract is signed by both parties.

Changes or additions to the purchase contracts must be in writing to be valid, with communication via email being equivalent to this.

III. Prices

All prices are in Swiss francs (CHF) including VAT, whereby packaging, insurance, shipping, transport and assembly are not included in the stated price, unless otherwise stated.

1. Payment terms

Payment for the goods can be made either in advance, on account, with Twint, PayPal or by credit card (Master or Visa). Lealhome reserves the right to exclude certain payment methods in individual cases. A payment is deemed to have been made as soon as Lealhome can dispose of the money.

1. a) Payment in advance:

If payment is made in advance, the total price must be paid no later than 10 days after conclusion of the contract.

1. b) Purchase on account

When purchasing on account, a deposit of at least 40% of the total price is due no later than 10 days after conclusion of the contract. So far nothing more

1. c) Payment with Twint, PayPal or credit card

When paying with Twint, PayPal or credit card, the total price is due upon conclusion of the contract.

The customer acknowledges that Lealhome only orders the goods after receipt of the total price or, if a down payment has been agreed, upon receipt of the down payment and that the delivery period therefore only begins once payment has been received (the customer's obligation to make advance payment).

Unless otherwise agreed, if you purchase on account, the remaining amount will be due upon delivery (in cash). The customer will be notified of the delivery in advance. The customer is entitled to a receipt if payment is made properly. If collection was agreed at Hardhofstrasse 15/17 8424 Embrach (hereinafter “warehouse”), the remaining amount is due upon collection or no later than 30 calendar days after notification of readiness for collection.

Lealhome is not obliged to hand over the goods to the customer before full payment of the total price. In the event of a justified refusal of service by Lealhome, the resulting additional costs will be borne by the customer.

If the customer defaults on the payment of an installment of agreed installment payments, the entire remaining purchase price becomes due for payment.

1. Delivery/collection and assembly

The customer has the option of picking up the purchased item from the Lealhome warehouse or having it delivered to any address in Switzerland for an additional charge. When the contract is concluded, it is agreed whether the products will be delivered, delivered & assembled or picked up by the customer.

If a delivery to a Swiss address specified by the customer is agreed, it will generally be made to the nearest drivable location to the delivery address and must be accepted there by the customer. If the goods cannot be handed over as agreed for reasons for which the customer is responsible, the customer must pay for the resulting damage. Transport to the apartment and assembly are explicitly not included. These can be offered individually upon request, whereby the exclusion of liability also extends to these services.

The collection dates and delivery times communicated by Lealhome when concluding the contract are only intended as a guide and are not binding. Lealhome excludes any liability in this regard. As a rule, the products are delivered to the agreed delivery address or are available for collection from the warehouse within eight to thirteen weeks after receipt of payment or deposit.

“As the products are only produced after ordering, delivery can be delayed by up to four weeks.

A delivery delay of up to four weeks or a delivery time of a total of 17 weeks from receipt of payment does not entitle the customer to refuse acceptance of the ordered goods, to forego subsequent performance, to withdraw from the contract or to demand compensation (positive/negative interest). If the delivery time of 17 weeks is exceeded, the customer is entitled to withdraw from the contract with regard to the missing goods. However, any compensation for damages is excluded.”

Lealhome reserves the right to make a partial delivery if this appears advantageous for speedy processing. This does not result in any additional costs for the customer. If the customer has decided to collect the goods from the warehouse when purchasing, they must accept up to two partial collections at their own expense. Goods that are not ready for collection by the second partial collection will be delivered to the customer free of charge to any address in Switzerland.

The customer is in default if he unjustifiably refuses to accept the properly offered service or to carry out the preparatory actions incumbent upon him, without which Lealhome is unable to fulfill or without which performance by Lealhome is significantly more difficult.

If collection from the warehouse is agreed, the purchased item must be picked up a maximum of 30 calendar days after notification of receipt of the purchased item. If the customer does not adhere to this deadline, he will be in default without a reminder. The customer owes storage costs of CHF 20.00 per calendar week commenced in addition to any outstanding remaining purchase price. If the customer is in arrears with collection, Lealhome has the same right to choose as in the case of late payment.

1. Late payment by the customer

If the customer does not meet the agreed payment dates, he will be in default after a reminder has been sent. A reminder fee of CHF 20.00 will be charged for each reminder. In addition, the following costs arise in the event of late payment:

Processing fee (at the earliest from day 70 after the invoice date, if handed over to a debt collection service provider) depending on the amount of the claim, maximum amount in CHF: 50 (up to 20); 70 (to 50); 100 (to 100); 120 (up to 150); 149 (to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the claim (from 50,000).

If the customer defaults, Lealhome has the right to set a written grace period of 7 days and after this grace period has expired:

1. a) to insist on fulfillment and to demand compensation for delay or

1. b) to waive the subsequent performance, whereby Lealhome will be entitled to 30% of the purchase price in the sense of a contractual penalty or

1. c) withdraw from the contract within 7 days and demand compensation (negative contractual interest).

VII. Retention of title

Lealhome remains the owner of the purchased item until the customer has fulfilled all demands according to the purchase contract.

As long as the retention of title lasts, the customer is not authorized to dispose of the purchased item. In particular, this may not be sold, rented, pledged or encumbered with any other right of a third party. Processing or redesign without the express consent of Lealhome is also not permitted.

The customer authorizes Lealhome to arrange for the entry in accordance with Art. 715 of the Civil Code in the retention of title register at the customer's place of residence at the customer's expense from the time the contract is concluded. Any further costs of a legal return will also be borne by the customer.

VIII. Assumption of risk

Lealhome bears the risk of loss or reduction in value of the purchased item until Lealhome notifies the customer that it is ready for collection or delivery. Storage and delivery takes place at the customer’s expense and risk.

1. Guarantee and warranty

The customer acknowledges that certain products are made from natural materials and may have small cracks or other small defects, which do not represent a defect in the product or material.

Furthermore, colors may vary slightly from those shown due to lighting conditions or image quality.

Any warranty by Lealhome is - to the extent legally permissible - expressly excluded; in particular, cancellation and reduction are excluded. This exclusion does not apply if Lealhome has expressly guaranteed certain properties to the customer in writing or fraudulently concealed them.

Instead of the statutory warranty rights for material and manufacturing defects, Lealhome grants a guarantee of 2 years from notification of readiness for delivery or collection.

The customer must immediately complain about any obvious damage to the packaging or contents upon delivery or collection. If Lealhome does not receive a complaint within three working days, it can be assumed that the product was handed over properly.

In the event of defects that occur within the warranty period and are reported within this period, Lealhome undertakes to either improve or repair the products or replace the products. Lealhome has the right to choose the type of guarantee services.

There is no entitlement to warranty service in the event of defects due to normal wear and tear. The warranty service is also excluded if the item has been altered or converted by the customer or third parties, transported, assembled, used, cleaned or repaired improperly.

Lealhome is not obliged to carry out the warranty service at a location other than its headquarters or to collect the goods in question from the customer. Lealhome is also not obliged to provide replacement goods for the period of testing, repair and new delivery. Costs associated with the warranty service, in particular the assumption of transport costs, travel expenses and costs for travel time for work at a location other than Lealhome's headquarters as well as the costs for determining the causes of damage and expertise, are borne by the customer.

1. Liability

Liability for damages of all kinds (in particular for consequential damage due to defects, lost profits, etc.) as well as liability for assistants is excluded to the extent permitted by law. There are also no costs for determining the causes of damage and expertise.

1. data protection

The customer hereby authorizes Lealhome to process the data about the customer received in connection with the business relationship, regardless of whether this comes from the customer or from third parties, in order to fulfill the obligations under the contract. If the customer has not expressly prohibited this, Lealhome may use the data for marketing purposes. If Lealhome involves third parties to provide the service, the customer authorizes Lealhome to pass on the data necessary to provide the service.

Lealhome reserves the right to obtain credit checks on the customer and to forward customer data to third parties for this purpose. The customer agrees to this transfer upon conclusion of the contract.

XII. Severability clause

Should one or more provisions of these General Terms and Conditions or the purchase contract be or become wholly or partially ineffective or unenforceable, the effectiveness or enforceability of the remaining provisions of these General Terms and Conditions and the purchase contract will not be affected. In this case, the parties will replace the invalid or unenforceable provision with an effective and enforceable provision that comes closest to the economic purpose of the provision to be replaced. The same applies mutatis mutandis in the event that these General Terms and Conditions or the purchase contract contain a loophole.

XIII. Place of jurisdiction and applicable law

All legal relationships between Lealhome and the customer are subject exclusively to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Unless there are mandatory legal provisions, the court at Lealhome's registered office is responsible for all claims arising from or in connection with these General Terms and Conditions. Lealhome is entitled to instead appeal to the courts responsible for the customer's registered office or place of residence.