AGB

1. The subject of the contract are the articles offered and sold by the customer via the online store on the website.
2. The product images shown on the website, especially the colors shown, may differ from the original product for technical reasons. This also applies to minor model changes or deviations in color, structure and finish as well as natural differences such as wood grain of the ordered product compared to the product illustration on the website.
3. The photos contained on the website are for illustrative purposes only; they – as well as the product range presented per se – do not yet constitute a binding offer by the seller and no warranted characteristics can be derived from them.
4. Only the products shown on the website consisting of SMARTBeds and mattresses are for sale. The murphy beds are to be expertly assembled on a wall requested by the customer in accordance with separate information on the website: For this purpose, the seller offers a separate murphy bed assembly at the predefined flat rate in the following sense. In any case, the seller recommends – in addition to the purchase of a SMARTBed or/and a mattress – to order a professional murphy bed assembly with reference to the following liability references.
5. The offers on the website are only valid in Switzerland; orders from abroad will not be considered.

1. It is up to the customer to register on the website when placing an order in the online store or to place an order without registration. In any case, the customer is obliged to provide truthful information about himself. The Seller reserves the right to delete customer data or to block a user account at any time and without giving reasons, especially in case of disregard of the above conditions.
2. The order is placed by adding the desired goods to the shopping cart and finally through payment processing in the checkout on the website. Alternatively, the buyer can also submit a binding order request via e-mail, telephone or fax.
3. After ordering the desired products in the checkout or after a binding request to the seller via e-mail or telephone, the customer receives an order confirmation to his specified e-mail address, in which his data and his order are listed once again. Only the further separate order confirmation to the customer by e-mail constitutes an acceptance by the seller to conclude the contract. In any case, the ordered product will be shipped to the customer only after receipt of payment (according to the following terms of payment) or the goods are ready for collection from the seller only from then on.
4. The seller is entitled to withdraw from the contract after payment of the purchase price, insofar as it cannot deliver the ordered goods, for various reasons, in particular in the case of subsequent non-delivery of the product manufacturer. In this case, the Seller shall immediately inform the Buyer about the unavailability of the desired products and immediately refund any consideration already paid (refund of the purchase price). In this case, the seller reserves the right to offer goods of the same price and quality with the aim of concluding a new contract for the purchase.

1. The seller stores the order sent by the customer in the aforementioned manner and the order data entered. Following the purchase request, the seller sends the customer an order confirmation and an order confirmation with the most important order data by e-mail.

1. All prices shown on the website take into account any value added tax.
2. The purchase price and, if selected by the buyer, the applicable shipping, delivery and installation costs, will be displayed and charged at the time of order placement. If the payment method prepayment is chosen, the following applies: If the seller does not receive the agreed payment within 5 days, the seller has the option to unilaterally withdraw from the contract. If it does not exercise this right of choice, the default rules pursuant to § 7 item 7 below shall apply. 2.
3. Discounts that have not been claimed cannot be granted retroactively. Discounts cannot be accumulated.
4. Prices are subject to change and errors excepted.

1. 1. the products offered on the website are either to be collected by the customer at the seller’s registered office or they are delivered – within Switzerland or only to Swiss residential addresses – by the seller. The collection is free of charge. Delivery costs are displayed in advance in the checkout process and are estimated directly to the customer during the purchase price processing (in case of order offers by the customer via phone or e-mail, the buyer will send a price offer to a customer taking into account the product prices as well as the delivery costs).
2. 2. delivery is made at the customer’s option either to the curb, or to the desired room, provided that the buyer complies with all the necessary conditions (keeping the doors clear, clearing the necessary path, sufficient size of entrances, etc.) and the delivery address is accessible on ordinary roads passable by delivery vehicles (for example, no mountain inns that are not deliverable by vehicle).
3. The delivery period is usually 30 days from the date of receipt of payment by the seller; however, without guarantee, as there may be delays, especially at the producer of the goods.
4. Shipping via a shipping company independent of the seller is excluded – for the purpose of quality assurance of the products.
5. Stock and order items must be picked up after notification (seller sends a separate confirmation to the buyer by mail about the stock of the purchase item) within 10 working days. If the goods are not collected by the customer within this period, the customer will be charged a storage fee of at least 2% of the gross sales amount/month.

1. The Seller accepts all payment methods offered during the ordering process via the online store. Delivery or collection of the goods will in any case only take place after receipt of payment by the seller.
2. If the customer does not pay within the payment period stated in the payment transaction and according to the order confirmation when choosing the payment method cash in advance, the buyer is immediately in default upon expiry of the payment period. In this case, the seller is entitled to charge interest on arrears of 5%.
3. The separate service of professional assembly of the murphy beds is carried out at the predefined fixed price of CHF 600.00 and is also estimated in advance within the framework of the aforementioned payment processing options.
4. The bank details of the seller will be stated in the order confirmation.

1. For all murphy bed products, there is no right of withdrawal on the part of the customer. For mattresses there is a 1-month right of withdrawal, whereby the items must be unopened still in the original packaging. The return costs to the seller are borne by the buyer, the remaining purchase price (less shipping costs for the first shipment) will be refunded to the buyer after checking the returned goods for the existence of a revocation case afterwards.

1. With reference to the weight, their dimensions as well as the materials used, the seller repeatedly and expressly points out that the murphy beds can only be attached to suitable and stable walls, so that there is no risk of possible personal injury or property damage. In particular, the installation of a murphy bed on gypsum or lightweight walls is excluded.
2. Against this background, the buyer is obliged in the run-up to a sale to ensure or clarify whether the conditions pursuant to the aforementioned §9 item. 1 is fulfilled. In the event of any questions or uncertainties, the Seller shall be informed in advance of the Buyer’s circumstances in this regard prior to any purchase.
3. If it is only determined after the order of a murphy bed has been placed and a charge has been made – by the Seller within the scope of the additionally invoiced assembly work or within the scope of the unauthorized assembly by the Buyer himself – that the prerequisites pursuant to the aforementioned § 9 para. 1 are not fulfilled, there is no right of withdrawal on the part of the buyer. Likewise, there is no right of refund of the buyer for the already paid contractual services.
4. In the event of a circumstance pursuant to the foregoing § 9 para. 3, the Seller may in individual cases agree to refund to the Buyer a part of the purchase price paid – after deduction of the expenses already incurred by the Seller and only in the event that the goods can be reused. However, there is no entitlement to this.

1. The Seller shall be liable for defects in the goods sold in accordance with the statutory provisions of the law on sales pursuant to Art. 197 et seq. OR, unless otherwise stipulated in these GTC or expressly deviated from in writing by the seller after conclusion of the contract. The customer’s rights to choose between defects shall in any case be limited to the replacement of the defective product with a replacement product free of defects (same new or repaired goods with the same generic characteristics). Further defect rights, in particular rescission or reduction of the purchase price, are excluded – in the absence of written consent of the seller.
2. The assertion of the aforementioned defect rights requires a timely notice of defect immediately after the discovery of the defect. The Buyer is obliged to immediately notify the Seller of the defect by e-mail or by post to the Seller’s registered office, enclosing detailed photographic documentation and a description illustrating the defect. The Seller shall then promptly notify the Buyer after receipt and review of the aforementioned documentation whether, in its opinion, a warranty case exists. Products which are actually defective and to which the aforementioned warranty rights apply shall be sent to the Seller at the Seller’s place of business or brought to the Seller’s place of business at the Buyer’s expense.
3. The warranty period for claiming defects in the purchased item is 10 days after receipt of the product (collection of the product from the seller or receipt upon delivery) for both private individuals and entrepreneurs or companies, and a maximum of 1 year for hidden defects.
4. The defective product must be returned to the seller in perfect condition, i.e. neatly packed and folded. After inspection of an allegedly defective product and after confirmation of the defectiveness by the Seller, a new or repaired product will be handed over/sent to the Buyer. Only if the product checked for its defectiveness in the aforementioned sense falls under a warranty case, the shipping costs for the return shipment to the seller will be subsequently reimbursed by the buyer.
5. Any warranty on the part of the Seller shall be void in any case if the defects in the purchased item have occurred for the following reasons:

– Damage and functional defects to the products caused by accidents, improper or abusive use, improper care or by modifications, repairs or interventions by persons who do not possess the necessary and verifiable professional qualifications for this purpose;

– improper assembly of the murphy beds by the buyer himself or by third parties independent of the seller;

– Consequences of normal wear or aging of the product sold.

6. Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The seller is not liable for damage caused by negligence.
7. The seller is not responsible for the error-free and/or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online store. It is not liable for technical and/or electronic errors occurring during an order process.

1. The seller expressly recommends to all buyers the professional assembly offered by them for all murphy beds offered through the web store. It expressly points out that improper installation by a customer who is not qualified to do so or by third parties who are not qualified to do so may result in damage to the product itself or – in the worst case – accidents with further damage to property or personal injury. For proper installation, the material of the wall to which a murphy bed is to be attached must be clarified in detail in advance: The seller can recommend mounting only on sufficiently stable and suitable walls. Attachment of the murphy beds to plaster or lightweight walls is expressly discouraged. The preliminary clarification of these conditions is the responsibility of the buyer.
2. For the purposes of the foregoing para. 1, the Seller shall not be liable in any way for material damage, personal injury or other damage that has occurred as a result of improper assembly of the murphy beds from the Seller’s online store, which has not been carried out by the Seller itself. In this case, the buyer bears the full risk and undertakes to indemnify the seller without exception, both legally and financially.

1. The risk in the goods sold shall pass to the Customer upon personal handover of the goods at the Seller’s registered office or – in case of delivery to the Buyer’s home – upon delivery to the delivery address.

1. The seller undertakes to comply with the Swiss provisions of data protection, in particular no data will be disclosed to third parties.

1. The Seller or the product manufacturer has copyrights to all image motifs displayed on the aforementioned Internet platform about the products for sale. These works may only be used by third parties with the written consent of the seller.

1. These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of foreign purchases (outside Switzerland), any conflicting mandatory provisions for private consumers remain reserved.
2. The place of jurisdiction for disputes arising from the present contractual relationship – subject to mandatory places of jurisdiction – between the Seller and its customers shall be the courts having jurisdiction at the registered office of the Seller.
3. Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining contractual provisions. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision which comes as close as possible to the invalid or void provision in terms of its economic effect. If an invalid contractual clause is not subsequently corrected, it shall be replaced by a relevant statutory provision mutatis mutandis.