General terms and conditions of business
1. Offer
1.1. Bate GmbH's offer is available on the website www.bate.ch and is non-binding. Prices, product ranges, and technical modifications are subject to change. All offers are subject to change without notice and are not to be understood as binding offers. All information on www.bate.ch, such as product descriptions, specifications, images, videos, dimensions, weights, technical specifications, etc., are to be understood as approximate values only and do not constitute a guarantee of properties. Accessories and decorative items depicted in product images are not part of the product range unless expressly included. All product descriptions, images, photos, texts, and media data are subject to the exclusive right of use of Bate GmbH.
2. Conclusion of contract
By presenting products in the online shop www.bate.ch, Bate GmbH does not constitute a binding offer. When purchasing through the online shop, the customer offers to conclude a contract by clicking the "Submit Order" button in the shopping cart. By submitting the offer, the customer refers to and accepts these General Terms and Conditions.
The automated email from Bate GmbH after submitting the order, which confirms receipt of the order, does not constitute acceptance.
Receipt of payment by Bate GmbH from the customer shall be deemed to be acceptance by Bate GmbH.
For purchases made by telephone, WhatsApp, or email, the offer to conclude a contract is made by the customer through appropriate verbal or written communication. Receipt of payment for the offer is considered a declaration of acceptance by Bate GmbH. By submitting the offer, the CUSTOMER refers to and accepts these General Terms and Conditions.
Purchases of Bate GmbH products are processed step by step. The General Terms and Conditions are available from Bate GmbH and are accepted by the customer upon purchase of products. They therefore form part of the purchase agreements concluded between the customer and Bate GmbH.
The scope and subject matter of the contract, such as the ordered goods and the price as well as the terms of service and, if applicable, the time of service provision, are set out in the invoice or shipping confirmation.
3rd prize
3.1 All prices for services provided by Bate GmbH are net in Swiss francs (CHF) excluding VAT.
4. Shipping and delivery
4.1 Within Switzerland
4.1.1 . Our parcels are shipped via Swisspost.
4.1.2 Delivery will be made from our warehouse to the delivery address you provide. Shipping costs will be as stated in the respective shipping address.
4.1.3 We are entitled to make partial deliveries and will, of course, bear any resulting additional shipping costs.
4.1.4. Should the delivery by freight forwarder fail and a second delivery must be made, this will be at the customer's expense and will be charged later on the invoice.
4.1.5 The customer is obliged to inspect the goods for external damage and to immediately document any defects in writing and visually to Bate GmbH.
4.2 Deliveries abroad are not possible
5. Payment methods
5.1. Customers pay with PayPal, credit card (Mastercard, Visacard), Postcard, Post E-Finance, prepayment, TWINT, bank transfer or by invoice
5.2. Purchase on account « SwissBilling SA »
5.2.1 Swissbilling SA is the service provider that enables you to pay for your order easily and securely by invoice. The invoice will be sent to you separately after you place your order with swissbilling. You can choose whether you want to receive the invoice by email or mail. The maximum order value for your first order via Swissbilling is CHF 1,000.00 for new customers. The payment term is 30 days. For security reasons, the billing address and delivery address must match. Before authorizing the transaction, swissbilling reserves the right to conduct a credit check with CRIF AG in Zurich (Tel.: 044 913 50 50, www.crif.ch).
6. Liability
6.1. Liability is governed by the applicable statutory provisions. However, Bate GmbH is not liable for:
a) slight negligence
b) indirect and consequential damages and loss of profit
c) unrealized savings
d) Damages also resulting from delayed delivery
e) any contractual or non-contractual acts and omissions of the vicarious agents of Bate GmbH.
6.2. Bate GmbH assumes no liability for the content of external websites and linked partner sites.
7. Return conditions
7.1. We grant you the right to return products purchased from us within 14 days of receipt. The date of shipment of the goods is decisive for compliance with this deadline. A credit note will only be issued once the returned goods have been recorded as receipt in our warehouse.
7.2. Returned products or packages will only be accepted if they are in proper condition, i.e., undamaged, unused, unopened, and in their original packaging. Altered, improperly opened, or custom-made goods are excluded from return.
7.3. We will cover the costs of returning the goods by sending you a free return label upon request. You can request the return label by email ( [email protected]) or request by phone at 044 210 00 22.
7.4. In all cases, the customer is responsible for packaging the returned goods in a manner suitable for transport. Damage to/loss of the goods due to improper packaging is the customer's responsibility. If the customer hands over the goods to a transport company, they bear the risk for the safe transport of the goods.
8. Retention of title
8.1. The delivered goods remain the property of BATE GmbH until full payment has been made. Bate GmbH is entitled to make a corresponding entry in the retention of title register.
9. Warranty and withdrawal
Bate GmbH guarantees that the ordered product will be free of defects and functional for two years after delivery or collection from the store. The warranty period continues regardless of the provision of any warranty services. Bate GmbH can freely assume the warranty for the following services:
Partial or complete replacement with a new product. (If replaced during the first and second year of the warranty, the original warranty period continues.)
· the discount
Excluded from the warranty are wear parts such as blades, scissors, batteries, rechargeable batteries, power cables, adapters, and lamps. Otherwise, the liability exclusions in Section 7 apply.
If the manufacturer's warranty goes beyond the warranty of Bate GmbH, the manufacturer's direct warranty will be used and Bate GmbH will not be involved.
Replaced products become the property of Bate GmbH. Bate GmbH is also free to withdraw from the contract. The customer is only entitled to withdraw from the contract in the event of significant defects and simultaneous failure of repair or replacement. Otherwise, the customer has no right of withdrawal, regardless of the legal grounds.
All other warranty provisions, in particular statutory ones, are excluded.
10. Data protection
10.1. The collection and processing of the customer's personal data by Bate GmbH is subject to the Privacy Policy, which forms an integral part of these General Terms and Conditions.
10.2. By accepting the General Terms and Conditions, the customer confirms the accuracy of the information provided and authorizes Bate GmbH to obtain all information necessary to verify the order from authorities, credit agencies, and the Central Office for Credit Information (ZEK). Existing customers are also regularly reviewed at the aforementioned offices.
11. Severability Clause
11.1. Should individual provisions of this Agreement be invalid or unenforceable, or become invalid or unenforceable after conclusion of the Agreement, the validity of the remaining provisions of this Agreement shall remain unaffected. The invalid or unenforceable provision shall be automatically replaced (without further negotiations between the parties) by a valid and enforceable provision whose effects most closely approximate the economic purpose of the invalid or unenforceable provision.
12. Applicable Law and Place of Jurisdiction. Swiss law applies exclusively. The place of jurisdiction for all disputes is the registered office of Bate GmbH. Various mandatory federal courts are subject to change.
B. Special and factory orders
1. Reference
1.1 In addition to the General Terms and Conditions of Bate GmbH, the following deviating provisions apply to custom orders and factory orders.
2. Conclusion of contract
2.1 For special orders and factory orders, offers are prepared exclusively by us individually and are binding.
2.2 Upon payment of at least 50% of the agreed price, the order will be put into production.
2.3 The remaining 50% is due upon delivery to the customer.
3. Shipping and delivery
3.1 For special and factory orders, Bate GmbH generally delivers free curbside. Any change to the shipping method must be agreed upon individually with the customer in writing.
4. Delivery times
4.1 The following different delivery times apply for furniture:
6-8 weeks
These deadlines are rough estimates provided by Bate GmbH. After the contract has been concluded, delivery will be delayed by at least one week for any further adjustments requested.
5. Acceptance after assembly
Upon completion of the installation work, the customer must inspect the work for quality and completeness. If, for any reason, the customer or a representative is unable to inspect the work after completion of the work, the customer is obligated to submit a written acceptance report detailing all defects and additional work to Bate GmbH within 48 hours. Defects must be reported in advance via WhatsApp or email.
6. Deviations from the dimensions and work regulations
General, natural and customary deviations in weight, shape, colour, dimensions or quality as well as changes cannot be recognised as defects.
The warranty period begins on the date the delivery note is signed. We generally provide a two-year warranty against material and construction defects. The warranty coverage varies depending on the product range. The scope is based on the manufacturer's product-specific specifications or the warranty statement included with the product. Bate GmbH undertakes to repair or replace as quickly as possible all parts that become defective or unusable during the warranty period due to inadequate materials or poor workmanship. For all deliveries and services provided by Bate GmbH, liability is generally limited to the replacement of the defective goods or services (freight, packaging, removal and installation costs). Consequential damages and travel expenses are borne by the customer. In special cases and by prior agreement, Bate GmbH may cover the assembly and dismantling costs and/or transport costs in whole or in part. Any further liability, in particular for direct and indirect damages, is expressly excluded to the extent permitted by law (i.e., unless such damages were caused intentionally or through gross negligence). Defects in the goods resulting from natural wear and tear and improper handling are excluded from the warranty. In particular, no liability is assumed for inadequate maintenance, failure to comply with operating instructions, unsuitable operating and cleaning materials, or improper installation by third parties. The customer must assert warranty claims within the warranty period and present proof of purchase.