GENERAL TERMS AND CONDITIONS OF SALE

1. General Information
1. These General Terms and Conditions (hereinafter referred to as GTC) govern the rights and obligations between Designlife GmbH, Dübendorf, (hereinafter referred to as the Supplier) and the customer with regard to all contracts concluded between the parties in the Supplier's online shop, available at www.kare.ch, and in the shop. Designlife GmbH is operated by Kare franchisees in Switzerland. The GTC form an integral and supplementary component. By placing an order, the customer recognises these GTC as a binding part of the contract.
2. The GTC apply in the version valid at the time the contract is concluded.
3. General terms and conditions of the customer or third parties that conflict with or deviate from the following provisions shall not apply.
2. Registration at www.kare.ch
1. When ordering goods and/or creating a customer account at www.kare.ch the customer is asked to register and provide their personal details.
2. When entering the personal data required for registration, the customer is responsible for providing truthful and complete information. The customer is obliged to treat the personal access data confidentially and not to make it accessible to unauthorised third parties. Confirmation of registration takes place immediately after the registration has been sent.
3. The customer must refrain from any interference with the website www.kare.ch or any further use of the accessible data outside of the respective platform-internal intended use. Any manipulation with the aim of obtaining unauthorised payments, unauthorised deliveries or other advantages to the detriment of the supplier or other parties may result in legal consequences and, in particular, the loss of access to www.kare.ch Customers are authorised to use the online offer within the scope of the respective availability. The content may only be used for personal, non-commercial purposes.
4. Each customer is authorised to maintain only one customer account. The Supplier reserves the right to delete customer data, in particular multiple registrations, at any time and without giving reasons, or to block a user name or password.
5. There is no entitlement to permanent availability of the website or access to the data or other services offered. The Supplier does not guarantee that the Website will be available without interruption.
3. Offers / Order / Order confirmation and Order changes
1. The listing of the product range at www.kare.ch alone does not constitute a legally binding offer. The presentation on the Internet is non-binding.
2. The order placed by the customer via the online shop constitutes a binding offer to conclude a purchase contract. The customer shall then receive confirmation of receipt of the order from the supplier. This confirmation does not constitute acceptance of the offer on the part of the Supplier. The Supplier reserves the right to reject the request without giving reasons.
3. The contract shall be deemed to be legally binding as soon as the Supplier confirms its acceptance to the Customer in writing after receipt of the order (binding order confirmation).
4. The Supplier expressly points out that the conclusion of the contract is subject to the availability of the articles or products by its suppliers or manufacturers.
5. The order confirmation, including any documents to which it refers, is solely authoritative for the scope and execution of the order and services. Materials or services not included in the order confirmation shall be invoiced separately to the customer.
6. The products are always supplied in accordance with samples, illustrations or sketches. Deviations in size, colour, structure and processing are reserved. Particularly in the case of repeat or supplementary orders, deviations are unavoidable unless otherwise agreed in writing by the Supplier. We also reserve the right to provide incorrect information/representations due to technical defects in the technical infrastructure.
7. Unless explicitly listed and mentioned, decorative items and accessories shown in the picture are not part of the product range. Accessories and decorative items must be purchased separately.
8. Subsequent changes to the order by the customer shall only be binding on the supplier if the supplier agrees to them in writing. Any costs arising from the change to the order shall be borne by the customer.
9. The customer's right of return is expressly excluded. The Supplier has the right to make improvements.
4. Price
1. The sales prices stated in the online shop include VAT and exclude delivery costs, unless otherwise stated in individual cases.
2. For in-store sales, the prices quoted are collection prices for unassembled items, unless otherwise stated in individual cases.
3. The customer is obliged to pay the price stated in the order confirmation in Swiss francs (CHF) plus VAT and any other costs listed in the order confirmation. The price shall be determined at the time of the order. The Supplier may make price changes at any time without prior notice.
4. Services such as home delivery (if applicable, number of floors), assembly and disposal as well as the shipping costs for deliveries by post are not part of the purchase price. Any additional costs for the assembly and disposal of old furniture must be paid in cash to the carrier/courier or the fitter at the time of delivery on site.
5. Unless otherwise agreed, the prices are net prices.
5. Terms of Payment
1. The Supplier accepts the payment methods indicated to the Customer during the order process.
2. All invoiced amounts are due immediately upon dispatch of the order confirmation.
3. Payments are to be made by credit card, Pay Pal or, unless otherwise agreed, in advance. Payment deadlines must also be adhered to if the delivery is delayed.
4. Payments shall be made in full to the account specified by the Supplier without deduction of discounts, charges, taxes or fees of any kind.
5. Discounts and vouchers are only accepted subject to the conditions shown on the voucher/receipt. The entry of a voucher code or the assertion of a discount takes place during the payment process. Discounts not claimed during this process can no longer be subsequently granted. Discounts cannot be accumulated.
6. If the customer does not fulfil his payment obligation, he shall be in default upon expiry of the set payment deadline without further reminder and is obliged to pay the statutory default interest of 5%, unless otherwise agreed. The Supplier shall not charge any costs for the one-off payment reminder. A reminder fee of CHF 5.00 shall be charged for the first reminder and CHF 20.00 for the second reminder. At the end of the 64th day of default, the supplier shall be entitled to initiate debt collection or other legal action. If payment is delayed or jeopardised, the Supplier shall also be entitled to withdraw from the contract and reclaim the products. The right to compensation for further damages remains reserved.
7. Purchase on account with instalment 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 for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month. When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC von POWERPAY. (powerpay.ch/de/agb) in addition to our GTC. (powerpay.ch/en/agb)
8. Offsetting without the consent of the supplier is excluded.
6. Retention of title
1. The supplier shall remain the owner of the products until the purchase price has been paid in full.
2. The Supplier is entitled, at the Customer's expense, to arrange for entry in the retention of title register (or in a comparable register abroad) if it considers its claim to be jeopardised.
3. The customer is obliged to take all actions and measures necessary to protect the supplier's property. In the event of any interference with the Supplier's property rights (e.g. by seizure), the Customer must notify the Supplier immediately and indemnify the Supplier.
7. Collection from the collection warehouse
1. There are no shipping costs for collection from the collection warehouse. From the receipt of the pick-up invitation or notification, the Customer has 10 days to collect the products. After this period, storage fees of 40 CHF/m² per month will be charged by the Supplier. The order will only be handed over on presentation of the order confirmation and the purchase receipt.
2. In the case of self-collection, the product liability of KARE Design (Designlife GmbH) ends when the products leave the goods exit lift (Stettbachstrasse 1) or when they leave the shop (Stettbachstrasse 2). The customer then immediately assumes responsibility for the products and his vehicle during transport. Damage caused to products or the vehicle during loading, unloading and transport shall be borne exclusively by the customer. KARE Design accepts no liability for this. KARE Design recommends transport with a professional transport company.
8. Delivery times and costs
1. The Supplier attaches great importance to maintaining the availability information carefully and to indicating it as accurately as possible. However, delays in delivery may occur due to production and delivery bottlenecks, incorrect stock data or for other reasons. All information on delivery times is therefore non-binding and without guarantee and may change at any time and without notice. The delivery period begins with the conclusion of the contract, but at the earliest after receipt of all information, documents and advance payments required from the customer. The products shall be deemed to have been delivered at the time they are handed over to the post office or another carrier.
2. The products shall be dispatched or delivered to the delivery address specified by the customer at the time of ordering. Delivery is made to the customer's home.
3. Deliveries are made Monday to Friday from 10.00 a.m. to 6.00 p.m. by carrier/courier. At the customer's request, special delivery times can be agreed for a flat rate of CHF 50.00. Special conditions apply for the cantons of Jura, Ticino, Graubünden and Valais, which must be requested separately. As a rule, the customer will be informed of the delivery time slot (morning or afternoon delivery) around 1 to 2 days before delivery. The customer can request the exact delivery time from the carrier/courier for a surcharge of CHF 80.00 and book it directly.
4. Delivery and dispatch in Switzerland are carried out at the costs shown in each individual case. These are listed before the order is placed. For despatch and deliveries abroad, the information provided is indicative; the supplier must be contacted directly for details of specific prices. The costs stated in advance may be adjusted to the actual costs incurred after delivery or dispatch. Any customs duties and other fees and/or taxes shall be borne by the customer.
5. In the event of delays in delivery, the customer shall be informed by the supplier as soon as possible. If not all ordered products are in stock, the Supplier shall also be entitled to make partial deliveries at its own expense, provided this is reasonable for the Customer. If the ordered products are ultimately unavailable (e.g. because they are defective or sold out), the payments made shall be refunded in full, but no further costs shall be assumed.
6. If a delivery cannot be delivered to the addressee, a new delivery will be made, whereby the customer must bear the additional costs incurred in full. This applies in particular in the event that the customer has provided incorrect address details when placing the order.
7. The customer guarantees that the conditions for delivery are met on site without any special effort (e.g. doors, corridors, stairwell, etc.). If delivery to the home has been agreed, but the delivered goods (due to their size, shape, weight, etc.) cannot be transported into the house or flat in the normal way via stairs and/or lift, the customer shall be responsible for making the necessary arrangements at its own expense (e.g. organising a goods lift). In this case, the Supplier is authorised to deposit the goods in front of the house; it has thus fulfilled its obligations in full. In such cases, the delivered goods shall only be taken back by the Supplier in exceptional cases and against full payment of the associated costs by the Customer.
8. Delayed deliveries shall only entitle the customer to withdraw from the contract in writing after setting a grace period of at least 12 weeks. The Supplier shall not be liable for any costs caused by the delay. Delayed deliveries of up to 12 weeks do not entitle the customer to a discount.
9. The delivery date shall be agreed with the customer within 14 days. If the customer cannot be reached at the contact details provided by him, storage charges of CHF 150.00/m2 per month will be charged from the 15th day after receipt of the goods.
9. Packaging and Transport
1. The goods shall be packed by the Supplier at the Supplier's expense. Such packaging shall be used as the Supplier deems appropriate.
2. Transport shall be at the expense and risk of the customer. If ordered in the online shop, delivery shall be made to the apartment/house. The means of transport used shall be those that the Supplier deems appropriate.
3. Complaints about transport damage must be made in writing to the railway company, post office or carrier immediately after receipt of the goods by the customer.
4. The customer is obliged to notify the supplier in good time of any special requests in connection with transport, packaging and delivery (e.g. express or partial deliveries, special arrival times, special means of transport, packaging or destinations, etc.) and to bear the additional costs incurred as a result. The Supplier is not obliged to take special requests into account.
5. Packaging shall be taken back unless otherwise agreed.
10. Assembly
1. Most products are delivered assembled. The carrier shall discuss the cost of assembling the product with the customer prior to delivery. The assembly costs are to be paid to the carrier in cash on site.
11. Transfer of Benefit and Risk
1. Benefit and risk are transferred to the customer upon conclusion of the purchase contract.
2. It is the customer's responsibility to take out appropriate transport insurance if necessary.
12. Inspection and Acceptance of the Products
1. The Supplier shall inspect the products prior to despatch as far as usual.
2. The customer must carefully inspect the products for any defects immediately upon receipt. Any complaints must be notified to the Supplier immediately, at the latest within 3 days of receipt of the products, in writing and in detail by registered letter or by e-mail to onlineshop@kare.ch (defects must be recorded by means of a photograph). If the customer fails to make such a complaint, the delivered products shall be deemed free of defects and approved, subject to any concealed defects.
3. Defects which become apparent at a later date, which are not detected by the customer upon receipt of the products and which could not have been detected even if the products had been inspected with due care in accordance with Clause 13.2, must be notified by the customer to the supplier in writing and by registered letter immediately after their discovery.
4. Defects notified in good time and recognised by the Supplier shall be remedied by the Supplier as quickly as possible at its discretion by repair, replacement or reduction. The Customer must give the Supplier the opportunity to do so. In the case of products from the Far East, the customer must expect waiting periods of up to 4 months.
13. Warranty
1. The warranty period shall be 24 months and shall commence upon receipt of the products.
2. There is no warranty from the supplier for clearance goods and furniture from outlets. The customer has no warranty claims in this respect.
3. A warranty claim can only be asserted by the customer upon presentation of the purchase contract.
4. The Supplier has the right to fulfil the warranty at its discretion by replacing the product, by repairing it free of charge or by reducing the price.
5. If the Supplier fails to remedy the defect within the warranty period, the Customer shall have the right to withdraw from the contract in the case of serious defects and to demand a price reduction in the case of insignificant defects.
6. The warranty shall lapse as soon as the customer or third parties make changes or repairs to the delivered goods without the prior written consent of the supplier or if, in the event of a defect, the customer does not immediately take all appropriate measures to minimise the damage and give the supplier the opportunity to rectify the defect.
7. The Supplier's warranty and liability shall be excluded in particular for defects and damage caused by normal wear and tear, excessive use, inadequate maintenance, improper handling or damage by the Customer or third parties, as well as for defects attributable to external influences (force majeure, etc.).
14. Exclusion of further Liability
1. With the exception of liability pursuant to clauses 13 and 14 above, any liability of the Supplier and its auxiliary persons towards the Customer is excluded to the extent permitted by law, including in particular liability for damage not caused to the products themselves (e.g. consequential damage), for loss of profit or for other financial losses suffered by the Customer.
15. Copyrights
1. The Supplier reserves all rights to all product descriptions, images, photos and text and media data on www.kare.ch, in particular the rights to editing and publication.
16. Data Protection
1. The Supplier draws the Customer's attention to the fact that the data collected in the course of concluding the contract will be collected, processed and used to fulfil the obligations arising from the purchase contract and may be used for marketing purposes. The customer agrees to the transfer of data to third party partners (e.g. logistics partners, Byjuno) for operationally necessary purposes by accepting the GTC. We use the signals from Google Signals.
17. Cancellation of Contract
1. The customer can cancel an order in the online shop free of charge by registered letter within 24 hours of receiving the order confirmation.
2. For orders placed in the shop, by telephone, Ricardo or e-mail, the cancellation options according to section 18.1 above do not apply.
3. If the customer cancels the contract in due time, he is obliged to return any goods already delivered to him unopened, complete and undamaged to the supplier's warehouse at his own expense within a maximum of 7 days (in their original packaging or in transportable condition). Alternatively, the customer may also request return transport by the supplier at its own expense (in this case, the supplier shall be entitled to offset the transport costs against the purchase price).
4. Refunds for online purchases shall be made by means of an online voucher. The refund for a stationary purchase shall be made by means of a voucher for the stationary shops. A cash refund is excluded in both cases.
18. Changes and Additions
1. The supplier expressly reserves the right to amend these GTC at any time and to apply the amended GTC immediately.
19. Place of Jurisdiction and Applicable Law
1. The exclusive place of jurisdiction for the customer for disputes arising from or in connection with this contract is the registered office of the supplier, currently Stettbachstrasse 2, 8600 Dübendorf. The Supplier is unilaterally authorised to sue the Customer at any other place.
2. This contract shall be governed by Swiss law, excluding the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (the ‘Vienna Convention’).
20. Gift Voucher
1. In our www.kare.ch Shop and Online Shop, you have the option of purchasing gift vouchers in various values. You can purchase the gift voucher and you will immediately receive a code that you can redeem.
2. Once purchased, the gift voucher is valid for 365 days. After purchasing a gift voucher, there is no possibility of return.
3. If you have any further technical questions about the gift voucher, please contact our customer service at info@kare.ch
21. Best Price Guarantee
1. The supplier guarantees its customers the lowest price on the Swiss market. If a customer discovers an identical product with the same service at a lower price in another Swiss shop with an online shop within 14 days of receiving the invoice, the difference will be refunded.
2. Proof must be submitted in writing within 14 days of the date of purchase. In the case of online shops, a printout of the other provider's homepage is mandatory. The printout must represent the last step before booking on the provider's website (before entering the credit card/payment details).
3. The competing offer is offered publicly on the Swiss market for the general public and without restrictions to certain groups of people or quantity limits. It is a regular offer. The Best Price Guarantee does not apply to special discount, loyalty and special promotions.
4. In particular, incorrect or unrealistic prices and products from liquidations and bankruptcy estates are excluded from the Best Price Guarantee. Also excluded are products that are sold through auction platforms or by private individuals and are delivered outside of Switzerland.
5. The Best Price Guarantee only covers quantities that are normally purchased for private use (for sofas and beds, a maximum of one product per product group per customer per year).
6. A maximum of CHF 500.00 per customer will be refunded in the form of a KARE voucher. A refund of the difference in cash is excluded.
7. The supplier reserves the right to change, amend, suspend or terminate the Best Price Guarantee conditions at any time without informing its customers in advance.
22. Payment Obligation of the Highest Bidder
1. By placing the highest bid in an auction, a binding purchase contract for the respective auction item is concluded between the highest bidder and Designlife GmbH. The highest bidder is obligated to pay the full purchase price within 24 hours after the end of the auction.
2. If the highest bidder fails to fulfill this obligation, Designlife GmbH is entitled to issue an official payment reminder. All resulting additional costs, including reminder fees and collection costs, shall be borne by the highest bidder.