General Terms and Conditions of Feuerring GmbH

General
Thank you for your interest in our Feuerring. Our Feuerring represents a very special philosophy of life, which we would like you to enjoy, too. This attitude should also be reflected in our General Terms and Conditions.

Feuerring GmbH believes in being a company of 100% goodwill throughout: If, despite our best efforts, you feel that you have reason to complain, please contact us directly. Our aim is to guarantee your satisfaction and ensure the full resolution of justified claims.

1. Scope of these General Terms and Conditions
The following General Terms and Conditions apply to all deliveries and products of Feuerring GmbH. Counter-confirmations by customers quoting their own terms of business or terms of purchasing are hereby rejected.

Changes to these General Terms and Conditions shall only be valid if they have been confirmed in writing by Feuerring GmbH. Private customers within the meaning of these General Terms and Conditions are any natural persons who conclude a legal transaction for purposes which can predominantly be attributed neither to their commercial nor self-employed professional activity.

Business customers are any natural or legal persons or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. Basis and subject matter of the contract
Feuerring GmbH supplies private and business customers (collectively known as «customer» or «customers») in Switzerland and other countries.

In principle, Feuerring GmbH prefers and recommends personal consultation and acceptance of orders at its premises in Immensee, Switzerland, thereby enabling Feuerring GmbH to meet the specific needs of customers in the best possible way. If customers place an order by letter, phone or email, Feuerring GmbH will nevertheless accept it.

The product range is non-binding. All product information published by Feuerring GmbH, in particular information on materials, dimensions, processing activities and illustrations, is non-binding and may be amended and updated at any time.

Delivery is subject to stock availability. The customer’s order constitutes a binding offer to conclude a sales contract. The purchase contract is only concluded when written order confirmation is sent to the customer or – in the absence of written order confirmation – the ordered goods are sent to the customer.

3. Prices, packaging and shipping
The prices valid on the day of the customer’s order shall apply, unless otherwise expressly agreed in writing. All prices include VAT at the current rate. All packaging (box, pallet, film, cardboard) becomes the property of the customer.

Feuerring GmbH offers kerbside delivery by means of a forwarding agent to your home address or delivery address.

When shipping to addresses within Switzerland, Feuerring GmbH charges a flat rate shipping and packaging fee; the corresponding costs are shown on the latest SFR price list. When shipping to addresses within Europe (excluding Switzerland) and in other countries, Feuerring GmbH prepares individual quotes for shipping and packaging costs for kerbside delivery.

For orders from customers in Germany, the invoice is issued with German VAT at the current rate. Tax-free intra community delivery is possible for corporate customers within Europe. For orders received from countries other than Switzerland and Germany, the invoice shall be issued net of VAT; the customary national VAT will be claimed by the shipping or forwarding agent at the border crossing, i.e. it is to be paid by customers in accordance with the mandatory law of the place where they habitually reside and directly to the respective competent authority of the place where they habitually reside. This also applies to import duties and/or other charges. For conversion into EURO, we use the official monthly average rate of the Swiss Federal Tax Administration ESTV.

Our recipe book is shipped to European countries from Germany; invoicing includes German VAT.

4. Delivery periods
Orders are normally processed within one working day upon receipt.

Delivery usually occurs 2-4 weeks after receipt of order. Customers will be kept informed of any changes to the expected delivery time. Changes to the order done by the customer will result in an extension of the delivery time. In case of impossibility of performance, where Feuerring GmbH is not at fault, the seller shall be entitled to withdraw from the contract.

5. Transfer of risk and warranty
If the customer decides to pick up the goods from the premises of Feuerring GmbH (warehouse), Fänn West 10, CH-6403 Küssnacht am Rigi (binding pick-up times are announced in advance in writing by email), the risk of accidental damage shall pass to the customer upon transfer of the goods. Feuerring GmbH ships goods to customers by forwarding agent with insurance cover for kerbside delivery; the risk shall pass to the customer as soon as the goods are handed over by the forwarding agent.

Upon receipt, the customer should check the delivery for any transport damage and document any damage that presumably occurred during transport. On the forwarding agent’s delivery note, the recipient confirms «accepted under reserve» and makes a note of the damage. Further, the customer must inspect the delivered goods, making sure they are complete and accurate. Any deviations, transport damage and obvious defects must be reported to Feuerring GmbH in writing (email or letter) on the day of delivery or, at the latest, on the following day. Unless Feuerring GmbH has been notified to the contrary before expiration of the said period, the goods shall be deemed in all respects to be in conformity with the contract and all warranty claims in this regard shall be excluded. However, violation of this duty to give notice has no impact on legally binding warranty claims of the private customer. Subject to the following exceptions, Feuerring GmbH offers a two-year warranty on all newly manufactured goods against material defects and defects of title from the date of delivery.

The customer is only entitled to the repair of defects without charge.

If this is deemed impossible, the customer has the choice between withdrawing from the contract and a replacement delivery.

All services offered by Feuerring GmbH in connection with the customer’s warranty claims shall be performed at the registered office of Feuerring GmbH. All related shipping and carriage costs shall be borne by the customer.

6. Exclusion of warranty and limitation of liability
In no circumstances shall Feuerring GmbH accept liability for defects and damage resulting from unsuitable or improper use, natural wear and tear or ageing, improper repairs or other modifications by unauthorised third parties, non-observance of application instructions or incorrect or negligent treatment of the goods.

The buyer is fully aware that, especially in the case of natural materials, such as steel, certain deviations – e.g. in shape, colour and structure and the like – may occur in comparison to demonstration models or product illustrations. The buyer is also aware that the said deviations do not constitute defects.

Feuerring GmbH shall assume liability if it causes damage through an intentional or grossly negligent breach of a contractual obligation. Unless otherwise expressly agreed or prescribed mandatorily by law, further claims of the buyer – for whatever legal reason – are excluded. In particular, any claims for compensation for indirect damage or consequential damage caused by defects are excluded.

7. Terms of payment
Unless otherwise agreed, Feuerring GmbH delivers exclusively subject to advance payment.

8. Reservation of title
All goods delivered by Feuerring GmbH shall remain its property until paid for in full and all claims arising from the supply contract have been settled.

Feuerring GmbH is entitled to enter a retention of title in the retention of title register. Customers grant Feuerring GmbH the corresponding authorisation upon ordering.

9. Data privacy
Our data privacy policy corresponds to the requirements of Swiss data protection legislation.

Customers consent to their personal data being collected, processed and used by Feuerring GmbH to fulfil the contract.

When customers place an order or make use of other services, Feuerring GmbH requires their full address and personal details for payment processing. This data is then used by Feuerring GmbH to offer a service that is efficient and effective. Depending on the actual service provided, it may also be necessary for the relevant information to be passed on to Feuerring GmbH’s own trade organisation or to trade or service partners of Feuerring GmbH (e.g. to a forwarding company for delivery of the goods). Feuerring GmbH uses the address details of customers for correspondence regarding their orders and – if the customer does not object – for after-sale services and, if requested by the customer, for the Feuerring newsletter. Feuerring GmbH shall not disclose personal customer data to third parties. Excluded from this provision are service partners who require the personal data for order processing. In these cases, however, the amount of the transmitted data is limited to the necessary minimum. Needless to say, customers have the right to receive information about their personal data as well as a right to the correction, blocking or deletion of their data. If deletion of data is prevented by legal or contractual obligations to retain data or other legal reasons, the data will be blocked. Feuerring GmbH may take the necessary procedures for implementing requests to correct, block and delete data only after verifying a customer’s proof of identity.

10. Final provisions
These General Terms and Conditions contain all the rights and obligations of the contracting parties. Any other agreements or declarations of intent of the contracting parties must be in writing in order to be legally binding – subject to the provisions of Clause 2 above. This also applies to any changes to this written form clause.

If deliveries are made to business customers who are active as resellers, repeated sales shall not constitute an authorized dealer, commercial agent or other distribution relationship of any kind and thus, in particular, no delivery obligation on the part of Feuerring GmbH and the business customer shall not be granted any exclusive rights. Any distribution relationship shall be established exclusively by the conclusion of a corresponding separate written contract.

The place of jurisdiction is the private customer’s place of residence in Switzerland or – in the case of business customers or private customers not resident in Switzerland – the registered office of Feuerring GmbH. The right to deviating national regulations which are mandatory for consumers or consumer contracts is reserved.

Swiss law shall apply exclusively, to the exclusion of conflict of law rules referring to foreign law of the Swiss Private International Law (IPRG) or of international treaties. The right to deviating national regulations which are mandatory for consumers or consumer contracts is reserved.

If any provision of these General Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these General Terms and Conditions which shall remain in full force and effect. Invalid or unenforceable provisions shall be replaced by valid and enforceable provisions which reflect as closely as possible the intended economic purpose of the invalid provisions.

Feuerring GmbH
Tieftalweg 3
6405 Immensee

infonoSpam@feuerring.ch
+41 41 8507058

UID CHE-114.815.144
UID DE-310582214
Managing directors: Andreas Reichlin, Beate Hoyer

Version 9.0 dated July, 1st 2023