TERMS AND CONDITIONS
§ 1 Scope and provisions
- These are the General Terms and Conditions applying to all orders placed by the Customers made through the website www.welcometoshowroom.com (hereinafter “Terms &Conditions”) on which SHOWROOM supplies any of the Products listed on the Website to the Customers.
- Terms & Conditions shall apply to all contracts between SHOWROOM & Company GmbH, a company organized and existing under the laws of the Swiss Confederation, with its registered office in Zurich, address: Bergstrasse 92, 8032 Zurich, Switzerland (hereinafter “SHOWROOM”) VAT No. CHE-487.543.463 MWST, which operates the Website www.welcometoshowroom.com and any Customer resident in any of the countries where this Website is or will be active, provided that the delivery to the Territory of such a country is allowed for a given Product placed on the Website.
- Please read these Terms&Conditions carefully before ordering any Products from the Website, as these Terms&Conditions shall apply to every Order of the Products made through this Website. Customer should understand that by ordering Products on the Website, the Customer agrees to be bound by these Terms & Conditions. The Customer should print a copy of these Terms & Conditions for future reference. Customer, by accepting these Terms &Conditions, acknowledges and declares to have read and understand the Terms and Conditions.
SHOWROOM will send you further details of your Order via e-mail.
- You will find details about your recent Orders by logging in to your Account via the “My Account” link.
- To enable SHOWROOM to offer you a wide and diverse range of Products, the SHOWROOM works together with a number of carefully selected Manufacturer and/or Suppliers. If you are looking at the Product, the name of the Manufacturer and/or Supplier will be notified as such on the Product page. SHOWROOM carries the full offer of each Manufacturer and/or Supplier listed in section „Brands & Designers". Should you look for a specific product or wish to order a bespoke version of it that you do not find on the Website, please contact us in the event of any questions or queries. We will always try to find the best solution for you.
- SHOWROOM may amend these Terms&Conditions from time to time. Every time you wish to order Products, please check the Website for the latest Terms&Conditions to ensure you understand the terms which will apply at that time.
Terms used in these Terms & Conditions shall have the following meanings:
- Terms and Conditions means the Terms and Conditions of the Website and principles on which SHOWROOM accepts the Orders and supplies the Products.
- Product or Products means all the products presented on the Website, produced and/or supplied by various Producers and/or Suppliers.
- Manufacturer or Supplier means an entity being either the owner or producer or supplier of a given product.
- Website means the website www.welcometoshowroom.com operated by SHOWROOM.
- Territory or Territories means the territory onto which the Product will be delivered, which will be indicated in the description of the Product or in the response to the Order.
- Customer means any individual or legal entity, placing order and buying any Product through the Website;
- Account - available to the Customer after correct login part of the Websites allowing the accumulation and modification of Customer’s personal data as well as other data and placing the Orders.
- Business Day – means a day on which banks are open for general, commercial business in Switzerland and in the Territory to which the delivery of a Product shall take place (excluding Saturdays, Sundays and public holidays).
- The Products can come from various Manufacturers and/or Supplier and shall be labelled with the labels of the Manufacturers and/or Suppliers .
- SHOWROOM will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
- Although SHOWROOM aims to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order.
- Whilst SHOWROOM tries to make sure that the display and description of the Products on the Website are materially accurate, please note that we cannot guarantee that your computer's display of the colors accurately reflects the actual color of the Products. The images of the Products on the Website are for illustrative purposes only and any Products you order may vary slightly from those images.
- SHOWROOM follows specific guidelines from our Manufacturers and/or Suppliers about description, color and size of each Product. Kindly read through the Product description to get a better understanding of the Product.
The dimensions given are written for your guidance. Before ordering, please ensure that there is adequate room to take the furniture through any doorways and windows, taking note of any restricted passageways, stairs and awkward turns. Please refer to our access guidelines for further information.
With exposure to light and air, the wood (cherrywood, maple and oak) will mature to a deeper color. This will be most pronounced in cherrywood, which mellows to a deep copper color. For this reason objects placed on surfaces could leave 'shadows' when removed. Should this happen, exposure to daylight will eventually darken these paler areas.
Leather is a natural product and each hide will have its own individual characteristics and natural marks. Differences in the grain, texture and color may be apparent from one hide to another and even within the same hide. Even if the leather is of the highest quality, some marking is inevitable and should be accepted as part of the individual appearance of leather furniture.
Certain Products have been individually hand produced with unique techniques. All the irregularities and inconsistencies that you may find are part of its unique handcrafted character and beauty.
§4. Use of the Website
1. The Customer being an individual may only make Orders and purchase the Products through the Website. . The Customer being a legal entity may place orders if it is validly registered and capable to make legal actions. SHOWROOM may also specify additional requirements for all or any Products through the Website from time to time. By viewing, placing an Order for Products or otherwise using the Website in any way, the Customer approves these Terms&Conditions and complies with all such additional requirements specified by SHOWROOM as are applicable.
2. When making any Order or request to SHOWROOM the Customer undertakes that all details provided by the Customer to SHOWROOM are true and accurate, that the Customer is an authorized user of the credit or debit card used to make an Order or request and that there are sufficient funds to cover the cost of the Products requested. It is the Customer’s responsibility to inform SHOWROOM of any changes to these details as soon as possible.
3. It is the Customer’s responsibility to ensure that the Customer shall comply with the laws governing the purchase, import, transport and use of the Products in the Customer’s jurisdiction, especially if the Customer’s jurisdiction is outside the Switzerland.
4. SHOWROOM makes its best endeavours to ensure the Website is always available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
5. For certain Products (especially in relation to the customized Products, large size furniture or other items) you will see the button “inquire” requiring further contact, in order to get more information and/or further details regarding the terms and conditions of delivery of such a Product.
§4. Conclusion of contract
- The Product representations in the Website are not binding contract deals. They are used to submit a purchase offer.
- Any sale agreement between SHOWROOM and the Customer shall be understood as concluded only upon written Order Confirmation sent to Customer through an e-mail message by SHOWROOM.
- SHOWROOM may at its own discretion refuse any order, or decide whether or not to totally or partially accept any modifications to the Order requested by the Customer, provided said requests reach SHOWROOM before shipment of the selected items.
- Our shopping pages on the Website will guide you through the steps you need to take to place an Order via the Website. Please note that where Orders for several Products are made by you at the same time, SHOWROOM will process this via the Website as one composite order, but SHOWROOM reserves the right to divide the composite order into individual orders for acceptance and/or shipping, at the discretion of SHOWROOM.
- Our order process allows you to check and amend any errors before submitting your order(s). Please take the time to read and check your order(s) at each stage of the order process.
- Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your Order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an Account with SHOWROOM by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your Account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your Account log-in information as confidential, not disclosing it to any third party and only using in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
- It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any Account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms & Conditions.
- We do not guarantee that the Website or any content provided on the Website is error free.
- You may request amendments to an Order at any time prior to the Order Confirmation (as defined at clause 11 below) and we will endeavour to process amendments to the Order received in reasonable time, however, please note that all amendment requests are subject to our discretion. All amendments have to be submitted within this time via phone or email. If your order has already been dispatched, you are welcome to return the Products to us in accordance with our return policy set out below. At no time before an order which has been dispatched has been returned to us can we cancel an order or process any refund.
- Once payment has successfully been taken from the payment method you provided in respect of the Products included in that Order, we will send you an e-mail to inform you that the Order has been accepted, payment has been successfully taken and that and your Products are being packaged and dispatched (the "Order Confirmation").
- If Order Confirmation contains clerical or typographical errors or if our pricing has technical transmission errors, we are entitled to challenge this, whereby we have to prove the error. Payments already made will be refunded within 5 Business Days following detection of such errors by SHOWROOM.
- Registered users holding the Accounts can view their previous orders in our Customer login area. Other than this, you cannot access saved data on SHOWROOM.
§5. Delivery Terms
- In general SHOWROOM delivers the Products worldwide, certain Products may be restricted only to the Territories indicated in the description of each Product, or a group of Products, or in the response to the Order, which means that certain Territories are excluded from the delivery.
- Please check in the Product description, whether SHOWROOM is able to ship the Product to the Territory chosen by you.
- It may happen that delivery of certain Products is only available in Switzerland and we may inform you about it, requiring direct contact with us in case you wish delivery on the Territory other than specified in the description of the Product
- Deliveries are made by the methods indicated in the Website under Delivery Methods.
- Shipping costs and time of delivery may vary on a country basis, with a maximum delivery frame of 6 (six) weeks following receipt of payment from the Customer and sending the Order Confirmation; should delivery be delayed due to circumstances beyond the reasonable control of SHOWROOM, Customer shall be notified with an alternative date of delivery.
- If SHOWROOM is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website, we will inform you of this as soon as possible by e-mail. If this occurs before we have taken payment and sent you the Order Confirmation we will not process that part of the Order. If you have already paid for and we have sent you an Order Confirmation for that Product, SHOWROOM can refund you the full amount including any delivery costs paid for that Product and any reasonable costs you incur in returning it to us, as soon as possible, following the return of the Product to us.
- In case of delivery troubles that are beyond the control of SHOWROOM, including but not limited to strikes, lock-outs, material deficiencies, lack of willingness to supply on the part of the Supplier or transportation problems, SHOWROOM is entitled to cancel orders that have been confirmed. In this case, the Customer has the right to be refunded the purchase price he might already have paid. Further claims are excluded.
- If the Products cannot be successfully delivered after two attempts, SHOWROOM can withdraw from the contract if SHOWROOM is not responsible for the failure of delivery. Payments will be refunded immediately after the items returned, less any extra costs borne by SHOWROOM connected with the failed delivery.
- If the ordered Product is not available because we were not supplied with this Product by our Manufacturers and/or Suppliers, at no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and may suggest delivering a comparable product. If no comparable product is available or you do not want a comparable product, we will refund your payment without delay.
- Delivery of items purchased by the Customer shall be made to the indicated delivery address, indicated when your order was placed. We do not deliver to PO Box addresses.
- SHOWROOM does everything in its power to respect the delivery times indicated on the Website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
- SHOWROOM shall carry out the delivery only after the receipt of payment including the shipping fee, if applicable (prepayment right). The delivery time starts with receipt of payment including the shipping fee if applicable, following sending and Order Confirmation.
- All prices displayed on the Website in the Product description include Swiss VAT and do not do not include shipping costs and duties, if due.
- All prices displayed on the Website shall be expressed in Swiss Francs.
- If you would like the order to be shipped to a country outside the Switzerland, the Swiss VAT will be deducted. Additional customs duties and taxes may apply as soon as the order arrives to the delivery country. SHOWROOM has no influence on this.
- Unless these Terms and Conditions do not state otherwise, the duties and taxes are not included in the price.
- Therefore, in case of a delivery to a country other than Switzerland we advise you to get the information from the local customs regarding any possible duties and taxes that may apply to the delivery.
§7. Shipping costs
- Shipping costs and time of delivery may vary on a country basis
- Shipment and delivery costs shall be charged on the Customer in advance, at the time of acceptance of the Order, prior to sending the Order Confirmation.
§9. Payment methods
- Payments shall be made by Customer in advance at the time of receiving the Order Confirmation either by credit card or as otherwise specified in the applicable section of this Website. The Customer shall pay the price of the Product and the shipping costs.
- The Customer can choose between the following payment methods: bank transfer and/or credit card (VISA, Eurocard/Mastercard/Amex).
- The Products will be shipped upon receipt of payment. When paying by credit card, your account will be charged upon completing the purchase.
- You only have the right to setoff if your claims are legally established in court or are undisputed.
- You may only exercise a right of retention if the claims result from the same contractual relationship.
- Currency exchange costs, transfer fees and other bank charges will be borne by the Customer.
§10. Retention of title
The Products remain property of SHOWROOM or the Manufacturer and/or the Supplier until full payment. Before transfer of ownership, a pledge, security transfer, processing, or transformation is not allowed without prior agreement of the SHOWROOM or the Manufacturer and/or Supplier, as the case might be.
§11. Withdrawal policy
- The Customer has the right to revoke (electronically, by mail) the order within (14) fourteen Business Days from the order date. The Customer shall pay for the return of the goods.
- A rescission is not valid, if:
- the Products are not in their original package (not sealed) or have been used, worn, washed or damaged;
- items’ identification tag is not attached to the items;
- items have been returned without their original packaging, with any related accessories or instructions booklets, without the duly completed return voucher;
- the pill-off label of the original invoice (or of all related invoices in case returned items have a different order) is not glued on the external side of the box containing the returned items.
To exercise your right of withdrawal, you must inform SHOWROOM at:
SHOWROOM & Company GmbH, Bergstrasse 92, 8032 Zurich, Switzerland phone: + 41 44 252 84 43; email: [email protected]) by means of a clear statement (e.g. a letter by post or email) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send notification that you are exercising your right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall refund all payments received from you for the Product without delay and at the latest within (5) five days following the item(s) has (have) been returned to us.
We shall issue the refund using the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; you shall not be charged a fee for this refund under any circumstances.
You must immediately send back or hand over the Product to us on your expense, in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract. The deadline will be deemed to have been observed if you dispatch the items before the fourteen-day deadline has expired.
As a consequence of returning items to SHOWROOM, the sale contract will be deemed as effectively cancelled and all related obligations, rights or claims shall be equally deemed as cancelled, provided however that if items returned to SHOWROOM are damaged in any way, SHOWROOM shall be entitled to retain the payment of the items already done by Customer.
Customer’s right to return any item shall be deemed exercised in the proper way subject to compliance with the following:
• returned items must not have been used, worn, washed or damaged;
• items’ identification tag must still be attached to the items;
• items must be returned in their original packaging, with any related accessories or instructions booklets.
You will only be liable for a potential reduction in value of the items if this reduction in value was due to improper handling on your part that was not necessary for testing quality, characteristics, and functioning of the items.
Upon receipt of the returned item, SHOWROOM shall check compliance with the procedure stated above and fulfilment of all relevant conditions. As soon as SHOWROOM is able to confirm that all such conditions have been met, SHOWROOM shall send to Customer an e-mail message confirming the acceptance of the returned item, returning the amounts paid by the Customer, within and no later than (7) seven business days from receipt of the goods, confirmation to proceed to refund. Timings related to refund on each customer account depend on relevant financial institutions, only, and are in no way under SHOWROOM control. Refund of the item’s price shall always be done to the Customer who made the payment. SHOWROOM may choose refund by the means of original payment.
Should the above mentioned conditions not be met, Customer shall not be entitled to any refund for the price paid to SHOWROOM; nevertheless, Customer shall have the right, at its risk, costs and expenses, to have the item delivered back to him/her, provided that if Customer does not ask for having the item back, SHOWROOM shall be entitled to keep such item and withhold any amount connected to the transaction.
§12. Transport damage
- If items are delivered with obvious damages, please file a complaint about such errors immediately to the deliverer, and please contact us as soon as possible at phone: + 41 44 252 84 43.
- Failure to make a complaint or to contact us has no consequences for your statutory warranty rights. However, it will help us assert our own claims against the carrier and/or transport insurance.
§13. Warranty and liability
- The responsibility for the selection, configuration, application and the use of the Products lies with the Customer, or with the buyer of the Products, i.e. the end Customer.
- The Customer acknowledges that SHOWROOM does not check the Products that are delivered by the Manufacturers or Suppliers. Should the delivery be incomplete, SHOWROOM will carry out an additional delivery at the earliest possible date. A notice of defects for whatever reason does not release the Customer from his duty to pay the invoice within the payment period that has been agreed upon with SHOWROOM. In case the Customer is entitled to return the Products, e.g. due to a specific agreement with SHOWROOM, the Customer is only and solely entitled to a refunding of the purchase price if the Products have arrived at SHOWROOM in their original package and in re-sellable state.
- SHOWROOM does not provide any warranty for the Products they deliver. The Customer is solely entitled to a warranty that the Manufacturer or Supplier might offer. In this case, claims have to be made directly to the Manufacturer or Supplier or to the entities indicated by the Manufacturer. The Customer may also demand from SHOWROOM a cession of possible warranty claims that they might be entitled to in relation to third parties, however, the Customer has to assert these claims at his own risk and expenditure. Further claims by the Customer are excluded.
- The Costumer acknowledges that on account of the Manufacturer's warranty provisions that are applicable in the respective case, the warranty is usually limited to the rectification or exchange of the defective/faulty Products, depending on the choice made by the respective Manufacturer or Supplier. Furthermore, any warranty is excluded if third parties have attempted to repair the Products.
- We exclude liability for negligent breach of duty, provided these are not contractual obligations. For simple negligent breach of contractual obligations, we are liable for the amount limited only to typical, foreseeable damage. Material contractual obligations are those whose performance makes the proper execution of the contract possible, which endanger the purpose of the contract, and on whose compliance the purchaser regularly relies (cardinal obligations).
§14. Final provisions. Applicable law and place of jurisdiction
- SHOWROOM may change these Terms and Conditions act at any time.
- Should one or several of these provisions become null and void or ineffective, the validity of the other provisions shall remain unaffected. SHOWROOM shall replace the provisions which are null and void or ineffective by lawful provisions which are as economically equal as possible. The same applies to the filling of possible loopholes in the contract.
- These Terms and Conditions are available in English.
- These Terms and Conditions and any agreement concluded pursuant to these Terms and Conditions shall be governed by Swiss law, excluding the UN Convention on the International Sales of Goods.
- The courts in Zurich shall have exclusive jurisdiction.
Zurich, 01 July 2018 / Version 1