General Terms and Conditions
General sales and delivery conditions of WOGG AG
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1. Scope
1.1 Our sales, deliveries and other services (hereinafter referred to as “deliveries”) – especially if the order is placed in the online shop or by email – are carried out exclusively in accordance with these General Terms and Conditions of Sales and Delivery (hereinafter “AVLB”). from us. By accepting them without objection, the customer agrees to their validity for the respective delivery and for all subsequent transactions.
1.2 We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. These General Terms and Conditions also apply if we carry out the delivery without reservation despite being aware of the customer's conflicting or deviating conditions.
2. Offer, product information, advice and support services, conclusion of contract
2.1 All representations (dimensions, weights, prices, information and illustrations/photos, etc.) of the goods and services in our catalogs (online shop/homepage), brochures, price lists and offers are non-binding. Description, technical information and prices of the goods can be changed at any time. Typographical or graphic errors as well as errors in the product descriptions, prices and technical information remain reserved. We reserve the right to make design changes, customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of parts of goods with equivalent parts, provided that their usability for the contractual purpose is not impaired.
2.2 When providing advice and support from us, it remains the customer's sole responsibility to ensure their accuracy and completeness and to use our goods safely, appropriately and error-free.
2.3 By clicking the “Complete order” button in the online shop or by ordering by letter, email, fax or telephone, the customer makes a binding offer to conclude a purchase contract for the goods in the online shopping cart or in the letter, email. Items specified by email, fax or telephone. We expressly point out to the customer that the order confirmation does not constitute acceptance of the order. Rather, contracts only come into effect through our written order confirmation or through delivery of the goods to our customer.
2.4 Our order confirmations must be checked carefully by the customer, particularly with regard to colors and sizes. Any discrepancies must be reported to us no later than 24 hours after receipt of the order confirmation. After this period has expired, we are free to produce and invoice the ordered goods in accordance with the order confirmation.
2.5 We can only consider requests for changes made after the contract has been concluded if we can still agree to a change based on the status of the preparatory work. Costs and delivery delays resulting from subsequent changes will be borne by the customer.
2.6 A revocation of a contract is not possible. In exceptional cases we can accept this. In such a case, at least 10% of the value of the goods will be charged.
3. Prices and VAT
3.1 Goods marked with a price of CHF 0.00 represent goods with a price upon request.
3.2 VAT is included in the stated sales prices. It will be shown on the invoice/order confirmation.
3.3 Shipping and assembly costs are to be borne by the customer.
4. Shipping/delivery, transfer of risk, delivery times
4.1 When placing the order, the customer can choose between the following delivery methods:
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i. Self pickup
The goods are picked up from us (WOGG Furniture AG, Im Grund 16, CH-5405 Baden-Dättwil, Switzerland). We will confirm the pickup date and pickup times to the customer. The goods must be picked up within a maximum of 14 calendar days after this pickup date. After this collection period has expired, we can charge the customer a fee of 10% of the value of the goods for storing the goods. We can have goods that are not picked up within three months destroyed at the customer's expense, whereby the purchase price must also be paid in this case. The risk passes to the customer when the goods are made available for collection.
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ii. Postal delivery
Items that can be sent by post can be delivered to the customer by post or another delivery person at the customer's expense. The risk is transferred to the customer upon handover to the delivery person designated to carry out the shipment. At our own discretion, we may decide whether goods are delivered by us instead (transfer of risk to the customer upon delivery of the goods) or by a freight forwarder (see iii below).
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iii. Delivered with/without assembly
The freight forwarder commissioned by us delivers the goods to the delivery address provided by the customer at the customer's expense and assembles them - provided assembly has been agreed. We charge a flat rate for delivery and assembly, which will be stated during the ordering process. If aids such as a moving lift, crane device or similar are necessary for assembly, we may charge the customer additionally for this. We assume no liability for damage that occurs during wall installations (particularly not with regard to any water, electrical or other lines). The risk is transferred to the customer when the goods are handed over to the appointed freight forwarder.
4.2 For the “delivery with/without assembly” variant by the freight forwarder, the customer must generally adhere to the following route plan:
– Monday: special trips
– Tuesday: Zurich, Eastern Switzerland and Liechtenstein
– Wednesday in even calendar weeks: Solothurn and Bern
– Wednesday in odd calendar weeks: Solothurn, Bern and Western Switzerland
– Thursday: Brugg and Basel
– Friday: Central Switzerland
– Deliveries are irregular: Ticino, Valais and, depending on the location, Graubünden
The customer will be contacted by the carrier by telephone 24 hours in advance.
4.3 We are entitled to make partial deliveries.
4.4 Delivery times are stated as precisely as possible by us, but are always non-binding. We will notify the customer if the goods are not in stock and a different delivery deadline applies or the goods cannot be picked up immediately. In the event of delivery delays of up to two months from the agreed delivery date, the customer is not entitled to refuse acceptance of the ordered goods, to cancel the contract, to demand compensation, to demand a refund of the purchase price or to assert any claims for damages. The same applies to delivery delays of more than two months from the agreed delivery date caused by the customer. We are not liable for any damage caused by the customer due to delay.
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5. Payment conditions
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5.1 Orders are only possible with advance payment. The customer receives an invoice by email or pays by credit card or PayPal to our bank account at Neue Aargauer Bank AG (NAB). The order will be processed after receipt of payment. Production begins upon receipt of payment. The delivery time may be delayed accordingly.
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5.2 Discounts, vouchers and other deductions cannot be accumulated. Furthermore, discounts on shipping and assembly costs, if such arise or are requested by the customer, will not be taken into account. Voucher codes, discounts, etc., which are shown in brochures, brochures, etc., are only valid and redeemable once per customer. Discounts not claimed when ordering cannot be granted subsequently.
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6. Retention of title
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The goods remain our property until the purchase price and, if applicable, shipping costs have been paid in full. We are entitled to arrange for entry in the retention of title register at the customer's expense.
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7. Notice of defects, warranty
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7.1 Warranty claims by the customer require that the customer has properly complied with his statutory inspection and complaint obligations. The customer must report complaints in writing no later than three calendar days after receipt of the goods.e-mail with the exact description of the defect, photos of the defect and the invoice number. The customer must report hidden defects immediately after they are discovered. At our request, receipts, additional photos, samples, packing slips and/or the defective goods must be returned. If the customer does not meet these obligations, his claims are excluded.
7.2 If the packaging is damaged, the customer must inform the freight forwarder immediately upon acceptance of the goods. When deliveries are made by the freight forwarder, the customer is usually asked to sign an acceptance protocol. The customer checks the goods before signing the acceptance protocol. The customer must immediately notify the freight forwarder who delivered the goods in writing of any transport damage (on the freight forwarder's acceptance report and by email with photos) and inform us of this.
7.3 If the goods are defective, we may remedy the defects or replace the goods or parts of the goods free of defects. We will bear the shipping costs of the replacement delivery. Only if the elimination of defects or replacement delivery has repeatedly failed or is unreasonable and the defects are significant is the customer entitled to withdraw from the contract or reduce the price in accordance with the statutory provisions. If the customer is entitled to withdraw from the contract, he must send the defective goods back to us in the original packaging within 14 calendar days.
7.4 Claims for compensation for any kind of damage caused as a result of improper handling, storage, modification, assembly and/or operation of the goods, incorrect advice or instruction by the customer or non-observance of our instructions for use are excluded.
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7.5 All further warranty claims of the customer, including lost profits, consequential damage or other damage to property and assets, are expressly excluded to the extent permitted by law. The maximum liability limit is the amount of the order value.
7.6 The warranty expires if the goods have been further processed or changed by the customer or third parties.
8. Right of withdrawal
8.1 The customer has the right to cancel the contract within 14 calendar days without giving reasons. The cancellation period begins on the day on which the customer or a third party appointed by the customer takes possession of the goods.
8.2 The right of withdrawal does not apply to retailers. The right of withdrawal only applies to natural persons who make the purchase for a purpose that is neither part of their commercial nor their independent professional activity. The right of withdrawal does not apply to contracts for the delivery of goods that (i) are made according to customer specifications, (ii) are clearly tailored to personal needs and (iii) for vouchers.
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8.3 To exercise the right of withdrawal, the customer informs us by letter or email of his decision to withdraw from the contract by means of a clear statement and stating the order number. In order to meet the cancellation deadline, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired. A sample form is available to customers (see also Website/Footer/Right of withdrawal).
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8.4 The customer must return or return the goods to us at his own expense within 14 calendar days from the day of notification of the cancellation. The return period applies from the day on which the customer communicated his declaration of cancellation. To meet the deadline, it is sufficient if the customer sends the goods before the return period has expired.
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8.5 After canceling the contract and returning the goods, we will arrange for the invoice amount to be refunded minus the delivery costs. For the refund, we use the same payment method that the customer used in the original transaction, unless expressly agreed otherwise. The goods must be returned to us in their original packaging and in new and unused condition with all accessories. If this is not the case, only a partial amount determined by us will be refunded.
9. Changes to these ALVB
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We are entitled to change these General Terms and Conditions. The customer agrees to the validity of the amended AVLB if he does not object to us in writing within two weeks of receiving the amended AVLB.
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10. Ownership and Copyrights
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We reserve the property rights and copyrights to all illustrations and texts from our catalogs and brochures as well as to all drawings, illustrations and other documents submitted by us. These documents may not be made available to third parties or used commercially without our prior written consent and must be returned to us immediately upon request.
11. Jurisdiction and applicable law
11.1 The place of jurisdiction for all disputes arising from these AVLB is Zurich.
11.2 Swiss substantive law applies to these General Terms and Conditions, excluding the provisions of the UN Convention on the International Sale of Goods (CISG).
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Zumikon, September 9, 2023