General Terms and Conditions schlafpro.ch

1. scope

The "General Terms and Conditions" (GTC) govern the contractual relationship between the operator of schlafpro.ch, moebelverkauf.ch GmbH in Zurich, and its customers. By requesting a quote or submitting an offer (DealMaker), these GTCs are deemed accepted.

2. offer

• Schlafpro.ch offers all people, who want to sleep better and more beautiful, the possibility to get a binding offer for all articles, which schlafpro.ch offers. (Catalogs of the suppliers).
• When requesting a quotation, all items must be described precisely. In addition, all desired services (delivery, assembly, disposal, etc.) must be specified.
• The offer of schlafpro.ch is valid and binding for a maximum of 10 days or until revoked. After this period schlafpro.ch is no longer bound to the offered price.
• With the offer schlafpro.ch gives a "best price guarantee".
  • If the person who received the offer submits an offer that is cheaper and not older than 10 days before the purchase, schlafpro.ch will offer the item at the same price. In addition, the person will receive 5% Best Price Guarantee discount in the form of a voucher. This voucher can be redeemed at a later date. It is transferable and valid for an unlimited period.
  • If the person finds the same item cheaper at another Swiss supplier within 10 days after the purchase, schlafpro.ch transfers the difference within 3 days. In addition, the person receives a voucher for 5% Best Price Guarantee discount. This voucher can be redeemed at a later date. It is transferable and valid for an unlimited period.

2.1 Conditions for the Best Price Guarantee

a) minimum amount guarantee 1'500.-

• If the purchase amount is less than CHF 1,500, the Best Price Guarantee of schlafpro.ch does not apply.

b) Minimum amount voucher 2'500.-

• If the competitor's offer is higher than CHF 2,500, you will receive the product at schlafpro.ch at the same price as the competitor. Plus a voucher for 5% best price guarantee and the unique "all-inclusive package" from schlafpro.ch (free delivery, free assembly, free disposal).
• If the competitor's offer is lower than CHF 2,500, you will receive the product at schlafpro.ch at the same price as the competitor. In addition, you can choose between two exclusive gifts.Gift A: Delivery
  schlafpro.ch "All-inclusive package"
  (free delivery, free assembly, free disposal)Gift B: Self-collection
  5% Best Price Guarantee discount voucher
  Pick-up discount CHF 150.-Witha competing offer of CHF 2'000.- you will therefore receive either the "All-inclusive package" or a voucher for CHF 100.- and a pick-up discount of CHF 150.- (Total: CHF 250.-).
• The Best Price Guarantee of schlafpro.ch is valid only for new items.
• The Best Price Guarantee of schlafpro.ch applies always and everywhere. So also for promotions and special offers; only "residual items" are excluded.
• If the competitor offers 22% or more discount, schlafpro.ch will offer you the item for the same price. The "all-inclusive package" is no longer included in this case (regardless of the sales price). The customers have these options:VariantAYou can book the "all-inclusive package" with free delivery, free assembly and free disposal at a favorable all-inclusive price (min. CHF 100.-) inaddition. VariantBSYou waive the higher discount and order all products with 22 % discount incl. "All-inclusive package".
• The offer must be from a Swiss competitor and must be current (flyer, Internet, store, department store, advertising).
• Proof must be presented to schlafpro.ch in advance of the order or within 10 days of the order (analog or digital).

3. DealMaker

• Schlafpro.ch offers all people who want to sleep better and more beautiful the possibility to propose a deal to schlafpro.ch. For this purpose, the desired products and services must be described exactly.
• The interested parties can freely choose the price. As a starting point, for example, the prices from a catalog or from a web store can be used and adjusted as desired.
• Only one deal can be submitted for the same item.
• For any repeat orders of the same item with the same services, the price is no longer valid.

Procedure

• The offer for a deal must contain a clear list of all desired items and services. This can also be an offer from another provider. The deal can be submitted digitally using the DealMaker, by e-mail or analogously by post: Schlafpro.ch, ℅ moebelverkauf.ch GmbH, Giesshübelstrasse 65/69, 8045 Zurich). When submitting a deal by e-mail or by post, the signed GTCs must be enclosed.

4. prices

• The prices shown on the website of schlafpro.ch for articles and services (delivery, assembly, disposal, etc.) are generally inclusive of value added tax (VAT) and are quoted in Swiss francs (CHF).
• From an order amount of CHF 1'500.- the delivery is included. If the order amount is less than CHF 1'500.-, schlafpro.ch offers delivery at a favorable flat rate. You can find the current costs here. Postage costs are generally covered by schlafpro.ch: Schlafpro.ch delivers comforters, pillows and accessories free of charge by mail, regardless of the order amount. Provided that delivery by mail is possible. If the articles must be sent as bulky goods, schlafpro.ch charges the costs of the Swiss post office. In case of a self-collection in the warehouse of schlafpro.ch the costs for the delivery will be calculated "grosso modo" and deducted as a lump sum.
• Variant Offer (schlafpro.ch submits an offer; section 2 of the GTC):
  In case of an offer schlafpro.ch shows the price for the requested articles and services in CHF incl. VAT; there are no additional and hidden costs.
• Variant DealMaker (Customer submits a proposal; clause 3 of the GTC):
  When proposing a deal, the interested person must indicate the desired fixed price for all items and related services (in CHF incl. VAT). If schlafpro.ch does not accept the submitted offer, schlafpro.ch notifies the interested person of the decision in a standardized form. Schlafpro.ch reserves the right to respond to the rejected deal with a proposal for a counter-deal and to send this deal to the interested person by A Mail.

5. turnover compensation / vouchers

• Turnover compensation in connection with the "Best Service Guarantee" and delivery guarantee is paid out in the form of value vouchers (which have cash character). The vouchers are transferable and valid without restriction. The same applies to vouchers you receive under the "Best Price Guarantee". A cash payment is not possible.

6. contract / liability

• Variant Offer (schlafpro.ch submits offer; clause 2 of the GTC):
  If the customer confirms the order verbally or in writing within 10 days from the date of the offer, a legally valid purchase contract is concluded.
• Variant DealMaker (Customer submits offer; clause 3 of the GTC):
  If schlafpro.ch accepts the proposal for a deal, a legally valid purchase agreement is automatically concluded. The agreed price is fixed - the Best Price Guarantee of schlafpro.ch does not apply to negotiated prices.

7. order confirmation

• Schlafpro.ch confirms all purchase contracts in writing. The purchase contract clearly lists the ordered items and all other details and services.

8. terms of payment

• The delivery of the ordered items takes place after receipt of payment (bank / postal transfer). The invoice can also be settled in cash upon delivery (exact amount counted) or at any time at schlafpro.ch in the shopping center Brunaupark in Zurich. In the sleep center there is also the possibility to pay the bill with debit or credit card or TWINT.
• In case of prepayment, the amount must be transferred within 14 days after conclusion of the purchase contract. In case of the payment variant "Payment upon delivery or self-collection" upon receipt of the goods.

9. delivery conditions

• Schlafpro.ch delivers all articles throughout Switzerland and the Principality of Liechtenstein.
• Schlafpro.ch informs the customer as soon as it is known when the ordered items are ready for delivery or collection.
• Items will be shipped as soon as possible after payment is received.
• In the event of any delays in delivery, the contractual relationship shall remain unchanged. Schlafpro.ch disclaims any liability unless the delivery date has been expressly fixed and agreed (forward transaction).
• If not all ordered items can be delivered at the same time, schlafpro.ch is entitled to make partial deliveries. This does not result in any additional costs for the customers.
• If the delivery of the articles should fail despite agreed upon date of delivery by a being to blame for of the customer, schlafpro.ch can raise a Umtriebsentschädigung for the "again" delivery of up to CHF 300. ("All-inclusive package". Minimum amount: CHF 100.-).
• Prerequisite for a delivery by schlafpro.ch is a public access possibility and a free access to the apartment. For addresses with difficult access (car-free roads, mountain areas, etc.) schlafpro.ch delivers the requested items to the nearest access road. For addresses in mountainous areas schlafpro.ch delivers the articles to the valley station. Further services and costs will be agreed individually and recorded in writing.

10. retention of title

• All items remain the property of schlafpro.ch until full payment.

11. liability

• Schlafpro.ch ensures that the ordered articles correspond to the assured characteristics, have no defects impairing their value or suitability for the use presupposed as well as correspond to the prescribed achievements and specifications.
• Schlafpro.ch reserves the right to remove an existing defect or to deliver defect-free goods.
• The customer must inspect the delivered items as soon as possible, but within 5 days at the latest, and report any defects immediately.
• If rectification or subsequent delivery fail, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects such as deviations in color, structure or processing.
• Schlafpro.ch passes on the full manufacturer's warranty for all articles. Further claims for damages of the buyer are excluded, as well as, as far as legally permissible, any liability of schlafpro.ch and its auxiliary persons and substitutes.

12. exchange

• Returns or exchanges are generally excluded.
• Depending on the manufacturer and model of the mattress, it is possible to replace the core within a certain period of time and thus adjust the degree of hardness of the mattress - or replace the entire mattress.
• The exchange of the core or the complete mattress is carried out at a flat price ("all-inclusive package").

13. data protection

• Personal data is only collected if it is provided voluntarily as part of an order. Schlafpro.ch uses the data exclusively for the fulfillment and processing of the order and does not pass on any data to third parties.

14. place of jurisdiction

• The contractual relations between the customer and schlafpro.ch are subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. The ordinary courts in Zurich shall have jurisdiction over any disputes arising from these contractual relations.

15. final provisions

• The information required for a purchase contract must be provided by the customer correctly and truthfully.
• Deliberate misrepresentation and/or general intent to defraud will result in legal consequences; any costs incurred by schlafpro.ch in this regard (lawyers, fees, etc.) will be borne entirely by the customer.
• If parts of these GTC should be invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provisions, the relevant statutory provisions shall apply mutatis mutandis.