- 1 Scope of application
For the business relationship between eversmart products Handels GmbH (standable.eu) and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions shall not be recognised.
- 2 Conclusion of contract
(1) The following regulations on the conclusion of contracts apply to orders placed via our Internet shop standable.eu/agb.
(2) In the event of conclusion of the contract, the contract shall be concluded with eversmart products Handels GmbH, Schindellegistrasse 65, 8808 Pfäffikon SZ, registration number (UID): CH-159.620.861 Register Court: Commercial Register Office of the Canton of Schwyz.
(3) The presentation of the goods in our Internet shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop. The order is placed in the following steps: 1) Selection of the desired goods 2) Confirmation by clicking the "Order now" button 3) Checking the details in the shopping cart 4) 5) Logging into the Internet shop after registering and entering the login details (e-mail address and password). 6) Checking again or correcting the respective data entered. 7) Binding submission of the order by clicking the button "order with costs" or "buy". Before the binding submission of the order, the consumer can return to the Internet page on which the customer's details are recorded and correct input errors by pressing the "back" button contained in the Internet browser used by him after checking his details or cancel the order process by closing the Internet browser. We confirm receipt of the order immediately by means of an automatically generated e-mail ("order confirmation"). With this we accept your offer. (5) Storage of the contract text for orders via our Internet shop: We store the contract text and send you the order data and our GTC by e-mail. You can also view the general terms and conditions at any time at standable.eu/agb .
- 3 Cancellation policy
3.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.
To exercise the right to cancel, you must inform us (eversmart products Handels GmbH, Schindellegistrasse 65, 8808 Pfäffikon SZ, Schweiz, email@example.com, Phone: +41 44 589 68 01) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
3.2 Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us or to LivingCare GmbH c/o eversmart (Randenweg 21, 79798 Jestetten, Germany) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, these costs amount to EUR 80. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
3.3 Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
- To eversmart products Handels GmbH, Schindellegistrasse 65, 8808 Pfäffikon SZ, Switzerland, firstname.lastname@example.org
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate.
Cancellation policy created with the Trusted Shops legal text editor.
- 4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery here takes place within 4 working days. In the case of payment in advance, the delivery period shall commence on the day after the payment order to the bank commissioned with the transfer and, in the case of all other payment methods, on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item has been handed over to the Buyer, even in the case of sale by delivery to a place other than the place of performance.
- 5 Duty to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
5.2 Inspection by forwarding agent
In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries/assemblies must be objected to in writing by e-mail within 5 calendar days from the time of collection or delivery and must be documented accordingly. The customer may not put such a product into operation. The customer must keep it in its original packaging as received and contact eversmart products Handels GmbH .
- 6 Return
6.1 Voluntary right of return
Eversmart products Handels GmbH attaches great importance to ensuring that customers like the products they buy. Eversmart products Handels GmbH therefore grants a voluntary 30-day right of return. For as-new goods without signs of use that are returned with the original packaging, eversmart products Handels GmbH will refund the full purchase amount. Customers may return any product in perfect condition, even if they have assembled it. If a product does not meet the above criteria, eversmart products Handels GmbH reserve the right to refuse the return, make an exchange, or issue a refund in the form of a coupon code. If the product was damaged during delivery / assembly, this must be reported immediately (see point 4).
6.2 Return process
The intended return is to be announced and justified by e-mail. The goods must be packed with the original packing material and returned to the original condition. The carrier for the pickup will be assigned by eversmart products Handels GmbH . Eversmart products Handels GmbH will contact you for the appointment. The goods must be delivered to the carrier appointed by the seller. The return shipping costs are €80,00 and are not covered by eversmart products Handels GmbH .
The return will be checked upon receipt by eversmart products Handels GmbH . If the claim is justified, a refund will be made to the account defined by the customer within 60 days for products that are as good as new. For products that are no longer as good as new, eversmart products Handels GmbH can alternatively provide an exchange, reduction or refund in the form of a voucher code.
Custom-made products (e.g. regarding size or colour) or products that are clearly marked as final sale/promotion in the online shop cannot be returned. Delivery and assembly charges are also non-refundable.
6.5 Non-assignable returns
A refund can only be made if eversmart products Handels GmbH can clearly allocate the return to an order. Returns that cannot be assigned to a customer will be kept by eversmart products Handels GmbH for six months. After this period, the right to a refund expires.
- 7 Warranty
7.1 General term
Eversmart products Handels GmbH focuses on high-quality products that are built to last. Our furniture is made to the highest standards and with the best materials. Nevertheless, something can always happen. For this reason, eversmart products Handels GmbH offers a 5-year guarantee that goes beyond the statutory guarantee period.
7.2 Exceptions to the extended term
The following elements/products are excluded from the voluntary 5-year warranty. The statutory warranty of 2 years applies:
- Desk tops;
- Accessories and peripherals.
7.3 Start of the guarantee
The guarantee begins at the time of delivery or physical collection of the goods. The warranty period shall continue irrespective of the provision of any warranty services.
7.4 Provision of services
Eversmart products Handels GmbH can provide the guarantee optionally by:
- partial and complete replacement with an equivalent used/repaired product;
- Replacement with a new product;
- Price reduction.
Eversmart products Handels GmbH does not provide any guarantee in the following cases:
- Failure to observe the instructions and notes in the product's operating instructions;
- Damage caused by improper installation;
- Damage due to accident, transport or improper storage, adjustment or use;
- Damage caused by loading furniture above its weight capacity;
- Items that have been exposed to an environment outside the area of use intended for the product by eversmart products Handels GmbH (e.g. storage or outdoor exposure);
- Damage caused by natural hazards (e.g. water, fire, etc.), moisture, falling and impact;
- Failure to carry out maintenance in accordance with the operating instructions and/or improper modification or repair of the products by the customer or a third party;
- Damage caused by incorrect cleaning methods or cleaning products;
- Discolouration of materials due to stains, soiling, inks or dyes;
- Natural variations in the wood grain;
- Traces of normal wear;
- Changes or discolouration of the surface colour due to light / sunlight or ageing;
- Damage caused by writing utensils or sharp objects;
- Use of incompatible spare parts or accessories (e.g. power supply);
- on items manufactured or labelled by third parties, including computer monitors and keyboards;
- Consequential damage.
7.6 Wearing parts
Wear parts such as batteries, rechargeable batteries, power cables, adapters, lamps, etc. are excluded from the warranty.
- 8 Due date, payment and default
The goods are shipped on account or by one of the other indicated payment methods. The customer pays the purchase price without postage to the business account of the recipient on the invoice - eversmart products Handels GmbH. If the customer is in default of payment, eversmart products Handels GmbH is entitled to charge a default fee of €20,00. If after several reminders no payment of the orderer is received on the account of eversmart products Handels GmbH , we reserve the right of debt collection.
- 9 Special features when buying on account
Payment on account is only possible for consumers over the age of 18. The outstanding invoice amount is due upon receipt of the goods and invoice.
- 10 Retention of title
We retain ownership of the goods until the purchase price has been paid in full.
- 11 Warranty
The statutory warranty regulations of Switzerland apply.
- 12 Contract language
Only German is available as the contractual language.
- 13 Collection, processing and use of our customers' personal information
Please refer to our disclaimer for the rules governing the processing and use of personal data.
- 14 Exclusion of liability
Liability is governed by the applicable statutory provisions. However, in no event shall eversmart products Handels GmbH be liable for (i) ordinary negligence, (ii) indirect and consequential damages and loss of profits, (iii) unrealised savings, (iv) damages resulting from delay in delivery, and (v) any acts and omissions of the auxiliary persons of eversmart products Handels GmbH or appointed service providers, whether contractual or non-contractual.
Furthermore, eversmart products Handels GmbH rejects liability in the following cases:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (e.g. power supply);
- failure to carry out maintenance in accordance with the operating instructions and/or improper modification or repair of the products by the customer or a third party;
- force majeure, in particular damage caused by the elements, moisture, falls and impacts, etc., for which eversmart products Handels GmbH is not responsible, and official orders.
- 15 Applicable law
Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Schwyz.
End of the general terms and conditions - Status: 09.11.2023