Imprint & Terms and Conditions
CH - 9404 Rorschacherberg
Managing Director: Frank Ullmann
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General Terms and Conditions (GTC) of
From Wartensee Manufactory Ullmann GmbH
Von Wartensee Manufaktur Ullmann GmbH is always committed to providing services efficiently, courteously, punctually and in accordance with the contract. Should problems nevertheless arise, Von Wartensee Manufaktur Ullmann GmbH (hereinafter Manufaktur GmbH) undertakes to seek a solution quickly and unbureaucratically with all parties involved and through appropriate intervention
1. Validity of the General Terms and Conditions
These General Terms and Conditions (GTC) apply to all services and products provided by Manufaktur GmbH or are left by them. The terms and conditions apply to every business relationship as tacitly recognized. All natural and legal persons who have concluded a contract with Manufaktur GmbH are considered customers. The terms and conditions are based on Swiss law and apply within Switzerland. Subsidiary agreements, assurances and other agreements as well as changes and additions to the contract must be in writing to be effective. The General Terms and Conditions form an integral part of the contract between the client and Manufaktur GmbH. Manufaktur GmbH is entitled to change or supplement these General Terms and Conditions at any time.
Manufaktur GmbH operates a craft service for services and the sale of products. The services are carried out exclusively by Manufaktur GmbH itself. Manufaktur GmbH renders its services exclusively on the basis of these General Terms and Conditions; the terms and conditions are considered accepted with every order. Deviating conditions of the client are hereby expressly excluded. Conclusion of contracts and/or order confirmations Contracts and order confirmations are deemed to have come about when the customer and Manufaktur GmbH have agreed on the scope of services contained therein. The agreement can be concluded by signing the mentioned papers as well as by electronic confirmation (e-mail) and with reference to the respective offer, order confirmation or contract.
Insofar as the processing deviates from the respectively agreed requirements, the customer must set Manufaktur GmbH a reasonable deadline for rectification. After the deadline set for rectification has expired, the customer can demand the cancellation of the contract if the defect has not been remedied in good time. A rectification is excluded if the deviations were caused by the customer himself, e.g. by incorrect or incomplete disclosure of information or improper handling.
4. Assumption of risk
The risk of accidental loss or accidental deterioration of ordered items is transferred to him when the customer or a transport company commissioned by the company takes them over at the factory. If the acceptance of the goods is delayed or made impossible for reasons for which the company is not responsible, the company is entitled to store the goods at its own premises or at a third party at the expense and risk of the customer, whereby the obligations of the company are fulfilled and it is entitled to complete and settle the order
5. Conditions / Invoicing / Default
All agreed and published prices are exclusive of VAT. Unless otherwise stated, the prices are in Swiss francs (CHF). Manufaktur GmbH invoices the customer for the services at the agreed price or at the agreed minimum order fees and conditions excluding the applicable statutory VAT. Manufaktur GmbH invoices in usually only available in .pdf format and sends it by e-mail. In the event of a delay in payment, Manufaktur GmbH is entitled to initiate the operation without warning. The administrative expenses for reminders and debt enforcement will be charged to the defaulting payer.
Claims for damages from the contract, from culpa in contrahendo (culpa in contrahendo), positive breach of contract and default against Manufaktur GmbH are excluded to the extent permitted by law. Liability for auxiliary persons is excluded in any case.
7. Retention of Title
Until a product has been paid for in full, the work remains the property of the company (retention of title within the meaning of Art. 715 ZGB). The company is entitled to have a corresponding entry made in the retention of title register at the customer's place of residence.
9. Delivery date
The delivery period begins with the receipt of the order. The delivery period is extended accordingly if the company does not receive information or documents in good time, the customer subsequently changes the order confirmation with the company's consent, or we receive a payment late. The delivery period is met if Manufaktur GmbH has informed the customer that the goods are ready for dispatch or the goods have left Manufaktur GmbH's works by the end of the period. Unless otherwise agreed, Manufaktur GmbH undertakes to deliver within 8 weeks of receipt of the down payment, depending on the size of the order. For orders in the online shop, the delivery period begins upon receipt of the advance payment. The delivery times in the online shop can be found on the respective product page. The company reserves the right to postpone a date or withdraw from the contract without cost consequences as a result of cases of force majeure. If non-compliance with a delivery period is not due to exclusive and gross negligence, the customer does not have the right to withdraw from the contract or to waive the delivery or to demand compensation. A delay in delivery only exists after the customer has issued a written reminder. Delivery is DAP (delivered at place / unloaded and duty unpaid) in accordance with Incoterms 2010, unless otherwise stated in the provisions of this contract.
During the period of cooperation between the parties and for a period of one year thereafter, the client undertakes not to entice away any specialists working for ManufakturGmbH himself or subcontracted or to hire them without the consent of Manufaktur GmbH. For each case of culpable infringement, the client undertakes to pay a contractual penalty of CHF 30,000. The payment of a contractual penalty does not release the client from compliance with the non-solicitation clause.
10. Use Rights
If ideas or concepts are already suggested in the offer phase, this is considered the intellectual property of Manufaktur GmbH and may only be used with the written consent of Manufaktur GmbH.
Rights of use such as creations of designs, patterns, texts, presentations, layouts, printed matter, figures, etc. lie exclusively with Manufaktur GmbH.
After the production has been completed and paid for, the rights of use are transferred to the client free of charge.
11. Governing Law and Jurisdiction
The provisions of the Vienna Sales Convention are waived. These GTC are exclusively subject to Swiss law. The place of jurisdiction is the headquarters of Manufaktur GmbH.
12. Seat / Company / Responsibility / Date General Terms and Conditions
From Wartensee Manufactory Ullmann GmbH
Manufaktur GmbH is a service provider since February 2022 Commercial register of the canton of St.Gallen listed under UID number: CHE-447.637.282
Frank Ullmann is the sole owner / manager and responsible for Von Wartensee Manufaktur Ullmann GmbH
Rorschacherberg, February 28, 2022
Note: The masculine spelling is representative of both genders.