General Terms and Conditions of Sale and Delivery

1. Scope
1.1 These General Terms and Conditions of Sale and Delivery (GTCSD) apply to all contracts for the sale and delivery of goods and the provision of other services (hereinafter referred to collectively as “delive-ries”) between Lehni AG, Dübendorf (hereinafter referred to as “Lehni AG”) and the customer (hereinaf-ter referred to as “customer”).
All our deliveries are made exclusively on the basis of these “AVLB”, regardless of whether the order is placed verbally, by telephone, email, or letter. By accepting the AVLB without objection for the respec-tive delivery and for all future business relationships, the customer agrees to their validity.
1.2 We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our GTCS also apply if we carry out a delivery without reservation, even though we are aware of deviating terms and conditions of the customer.

2. Offer, product information, consulting and support services, conclusion of contract
2.1 By placing an order by letter, email, or telephone, the customer makes a binding offer to conclude a purchase contract. We expressly point out that the order confirmation does not constitute acceptance of the order. A contract is only concluded upon our written order confirmation or upon delivery of the goods.
2.2 All representations (such as dimensions, weights, prices, information, and illustrations/photos) of our goods and services in catalogs, on the website, in brochures, price lists, and offers are non-binding and do not constitute a legal offer. We reserve the right to change descriptions, technical specifica-tions, and prices at any time. Typographical or graphic errors as well as errors in product descriptions, prices, and technical specifications are expressly reserved. We also reserve the right to make design changes, customary deviations, or changes due to legal regulations or technical improvements, as well as to replace warranty parts with equivalent parts, provided that this does not impair the usability for the contractual purpose.
2.4 In the case of consulting and support services, it is the sole responsibility of the customer to check their accuracy and completeness. The customer is responsible for using our goods safely, appro-priately, and without error.
2.5 Our order confirmations must be carefully checked by the customer, especially with regard to co-lors and sizes. Any deviations or discrepancies must be reported to us within 72 hours of receiving the order confirmation. After this period has expired, we are entitled to produce and invoice the ordered goods in accordance with the order confirmation.
2.6 Change requests made after the contract has been concluded can only be taken into account if we are still able to agree to them based on the status of the preliminary work. Any additional costs and delivery delays resulting from the changes shall be borne exclusively by the customer.

2.7 Cancellation of the contract is generally excluded. In exceptional cases, we may agree to a cancel-lation. In such cases, we will charge at least 20% of the value of the goods as a processing fee.

3. Prices and value added tax
3.1 All prices are quoted in Swiss francs or euros as specified in the order confirmation. The applicable value added tax is not included in the sales prices quoted. It is shown separately on the invoice or or-der confirmation.
3.3 Shipping and assembly costs are not included in the price quoted. These are shown separately and agreed individually.

1. Delivery and assembly
   4.1 When placing the order, the customer must specify the delivery method:
   i. Postal delivery
   Items that can be sent by post can be delivered by post or by another delivery service at the custo-mer's expense. The risk is transferred to the customer when the goods are handed over to the delivery service. However, we reserve the right to decide at our own discretion whether goods are delivered directly by us (risk transferred to the customer upon delivery of the goods) or by a shipping company (see iii) below.
   ii. Delivery with/without assembly
   A shipping company commissioned by us will deliver the goods to the specified delivery address at the customer's expense and assemble them, if assembly has been agreed. A flat rate will be charged for delivery and assembly, which will be shown during the ordering process. If aids such as moving lifts, cranes, or similar are required for assembly, these costs will be charged to the customer additionally. We accept no liability for damage caused during wall installation, in particular with regard to water, electrical, or other pipes. The risk is transferred to the customer when the goods are handed over to the contracted shipping company.
   4.2 Delivery times are provided by us to the best of our knowledge and belief, but are always non-binding. The customer acknowledges that Lehni AG products are only produced after a legally binding order has been placed and confirmed. Delivery times therefore depend on factors that cannot be de-termined in advance, such as capacity utilization at Lehni AG and the receipt of deliveries from third parties. Any delivery times specified are therefore not binding.
   If delivery delays are expected, the customer will be notified accordingly.
   In the event of delivery delays of up to two months from the agreed delivery date, the customer is not entitled to refuse acceptance of the ordered goods, cancel the contract, claim damages, or demand a refund of the purchase price.
   The same conditions apply to delivery delays of more than two months from the agreed delivery date caused by the customer. Liability for damages caused by delays to the customer is excluded.

5. Payment terms
5.1 The payment terms for each order will be communicated individually by Lehni AG. Unless otherwise agreed, a payment term of 14 days applies. The customer will receive an order confirmation and in-voice, which must be paid by bank transfer to the account specified by us.
5.2 Order processing will only begin after receipt of payment or written confirmation of the order con-firmation by Lehni AG. Production will be started accordingly, which may affect the delivery time. De-lays due to late payments are the responsibility of the customer.

6. Retention of title
6.1 The delivered goods remain the property of Lehni AG until the purchase price and any additional shipping costs have been paid in full.
6.2 Lehni AG is entitled to arrange for the entry of a retention of title in the relevant register at the cus-tomer's expense in order to secure its claims.

7. Notice of defects and warranty
7.1 Warranty claims require that the customer properly fulfills their legal obligations to inspect and give notice of defects. Complaints must be sent to us in writing by email no later than 5 calendar days after receipt of the goods, specifying the defect in detail and documenting it with photos. The invoice num-ber and AB number must be stated. Hidden defects must be reported immediately after their dis-covery. Upon our request, receipts, additional photos, samples, packing slips, and/or the defective goods must be returned. If the customer fails to fulfill these obligations, their claims shall expire.
7.2 If the packaging is damaged, this must be reported to the carrier immediately upon receipt of the goods and noted on the acceptance report. The customer shall carefully inspect the goods before signing the acceptance report. Transport damage must be reported to the carrier immediately in wri-ting (on the acceptance report and additionally by email with photos). Lehni AG must be informed at the same time.
7.3 In the event of defective goods, we reserve the right to remedy the defect or deliver a replacement free of defects. We shall bear the costs of the replacement delivery. Only if the repair or replacement delivery repeatedly fails or is unreasonable and the defects are significant shall the customer have the right to withdraw from the contract or reduce the purchase price in accordance with the statutory provisions. In the event of withdrawal, the defective goods must be returned to us in their original packaging within 14 calendar days.
7.4 Claims for damages of any kind arising from improper handling, storage, modification, assembly, or operation of the goods by the customer or from failure to follow our instructions for use are excluded.
7.5 Further warranty claims, in particular for loss of profit, consequential damage or other material and financial damage, are expressly excluded to the extent permitted by law. The maximum liability amount is limited to the order value.
7.6 The warranty shall expire if the goods have been further processed or modified by the customer or third parties.

8. Default of acceptance
8.1. In the event of default of acceptance by the buyer, Lehni AG may, from the second week after the collection date communicated by the seller, charge a flat-rate storage fee of 5% of the purchase price per day without further notice.
8.2. If the goods are still not collected four weeks after the collection date communicated by Lehni AG, Lehni AG may withdraw from the contract by setting a grace period of 14 days by email or letter, with the simultaneous threat of withdrawal in the event of the grace period expiring without result, and dispose of the goods elsewhere. The purchase price remains due. In this case, Lehni AG is also entitled to demand 30% of the purchase price of the uncollected goods from the buyer as a lump-sum compensation payment for its expenses without providing concrete proof of damage. Any advance payments already made will be offset against Lehni AG's claim for lump-sum compensation.

9. Data protection
We collect, process, or use personal data only in accordance with data protection regulations. Details can be found in our privacy policy, which can be accessed at https://lehni.ch/de/rechtliches/datenschutz and can also be requested from us at any time.

10. Property rights and copyrights
We reserve all property rights and copyrights to all texts, illustrations, drawings, and other documents from our catalogs, brochures, or individual transmissions. These documents may not be reproduced, made available to third parties, or used for commercial purposes without our express written consent. The documents must be returned immediately upon our request.

11. Amendments to these GTCS
We reserve the right to amend these General Terms and Conditions of Sale and Delivery (GTCS). The customer will be informed of any amendments in writing or by email. The amended GTCS shall be deemed accepted if the customer does not object in writing within two weeks of receipt.

12. Place of performance, place of jurisdiction, and applicable law
12.1 Place of performance
The place of performance for deliveries and payments is the registered office of Lehni AG, Im Schörli 4 in 8700 Dübendorf.
12.2 Place of jurisdiction
The courts at the registered office of Lehni AG in the canton of Zurich, Switzerland, shall have exclusive jurisdiction over all disputes arising from or in connection with contracts with the customer.
12.3 Applicable law
Swiss substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).