The general terms and conditions of Bullmann GmbH , Rathausstrasse 14, 6340 Baar Switzerland
email: info@iconx-studios.com (hereinafter referred to as Lusso Living) regulate the business relationship between Lusso Living (seller) and its customers (buyers).
Customers within the meaning of these terms and conditions are consumers and entrepreneurs.
1. Validity of the General Terms and Conditions
1.1. These general terms and conditions apply to all deliveries of goods and services from Lusso Living. They become part of every contract that a customer concludes with Lusso Living. Customer purchasing conditions that contradict these provisions are not binding for Lusso Living, even if it has not expressly objected to them.
1.2 Any deviating agreements must be made in writing.
2. Purchase of goods, conclusion of contract, withdrawal, purchase on account, installment purchase
2.1. A binding contract is concluded as soon as the customer has received the order confirmation or when a corresponding declaration of intent to conclude the contract has been made on site.
2.2. In principle, the contract cannot be withdrawn. If a customer does not keep the contract, he must pay Lusso Living cancellation costs of 30% of the purchase price as compensation. If the purchased item is defective, the contract cannot be withdrawn; the warranty conditions apply.
In the event of delays in delivery, a 6-week grace period must be granted. Only after this grace period has expired can the customer withdraw from the contract. Cases of force majeure and delivery problems from the supplier, etc. release us from the stated delivery period and from the obligation to deliver in full.
2.3. For goods with a delivery deadline, the customer must pay at least 30% of the purchase price as a deposit.
2.4. Lusso Living reserves the right to withdraw from the contract if the customer does not pay the deposit within 14 days. In this case, a cancellation fee of 30% of the purchase price will be charged.
2.5. Lusso Living reserves the right to withdraw in the following cases:
2.5.1. Delay in acceptance by the customer.
2.5.2. Significant changes in the customer’s circumstances.
2.5.3 If the goods cannot be delivered or can only be delivered unreasonably late through no fault of Lusso Living .
2.6. In the event of withdrawal, the parties are obliged to reverse the transaction.
3. Delivery conditions and place of performance
3.1. By express agreement, the goods can either be picked up by the customer from Lusso Living or Lusso Living can deliver them to the customer's home. Some items can only be shipped, which will be communicated to the customer before the contract is concluded.
3.2. The goods must be picked up from the Lusso Living warehouse within 14 days. The period begins as soon as Lusso Living has informed the customer that the goods have arrived.
3.3. Delivery costs are not included in the purchase price and must be paid by the customer separately. They apply to transport to the curb.
3.4. In the case of disposal, the furniture to be disposed of must be placed by the customer at the curb for collection.
4. Delivery times and fulfillment time
4.1. Lusso Living delivers the goods within the delivery times according to the item description. These can vary due to additional options, especially for custom-made furniture, special requests or size changes.
4.2. The delivery period begins upon receipt of payment and after the information required to execute the order, such as color or size, has been communicated to Lusso Living. If the purchase is financed on credit, the period begins after this has been approved. If there is a warranty case, the delivery period begins again.
4.3. Delivery is carried out by Lusso Living itself. Lusso Living will notify the buyer again by telephone before delivery and will provide the approximate delivery period, for which Lusso Living cannot , however, provide any guarantee.
4.4. The delivery period will be extended appropriately,
4.4.1 If the Lusso Living subsequently changes the information it requires to execute the order (e.g. color, size, orientation) by the customer.
4.4.2 If obstacles occur for which Lusso Living is not responsible and which could not have been avoided even if due care had been exercised, regardless of who is responsible for the obstacles.
4.4.3. If the customer or third parties are in default with their contractual obligations to Lusso Living , such as if suppliers are behind schedule with the work to be carried out or the customer does not comply with the payment terms.
4.5. If delivery is delayed, an additional delivery period applies. If delivery cannot be made within a further 6 weeks after the original delivery period has expired, the customer can withdraw from the contract. Lusso Living is not liable for any damage caused by delays, in particular not for replacement purchases.
5. Customer’s delay in acceptance
5.1. If collection has been agreed and the goods are not collected by the customer within 14 days, a storage fee of CHF 10 will be charged for each additional day. Lusso Living reserves the right to pass on goods that are not collected within 14 days to other customers. If the customer still wants to collect the goods after this period, they must be reordered and the delivery times will apply again.
5.2. If shipping has been agreed and the goods cannot be delivered for a reason attributable to the customer, Lusso Living is authorized in exceptional cases to charge a storage fee of CHF 10 per day. The additional transport costs incurred will be passed on to the customer. If the customer has decided not to pay the remaining amount to Lusso Living before delivery , but to pay the driver in cash at the time of delivery and is still unable to hand over the money to the driver on the agreed delivery date, the driver will take the goods back and agree a new delivery date with the customer. The customer must bear all additional costs resulting from this, or Lusso Living will pass these on to the customer.
If goods cannot be shipped within 14 days due to the customer, Lusso Living reserves the right to pass them on to other customers. If the customer still wants to receive the goods after this period, they must be reordered and the delivery times will apply again. In this case, the costs incurred up to this point will be passed on to the customer.
6. Costs, fees, shipping costs
Fees and other costs are declared in each offer. They are borne by the customer.
7. Purchase price, payment and settlement, vouchers
7.1 All prices are in Swiss francs (CHF) gross (including VAT) or in Euro,
7.2. After receiving the order confirmation, the customer is obliged to transfer at least 30% of the purchase price to the Lusso Living account within 14 days . The name of the buyer or the reference number must be stated. If payment has not been received by the 14th full day after the start of the deadline, Lusso Living reserves the right to withdraw from the contract.
7.3. The remaining amount is due as soon as the goods are picked up or, in the case of a delivery, when the driver delivers the item at the latest. In any case, the goods must be paid for before they become the property of the buyer. Collections or deliveries on account are not possible.
7.4. Payment deadlines must also be met if delivery is delayed or becomes impossible for reasons for which Lusso Living is not responsible.
7.5. Significant changes in the customer’s circumstances which jeopardize payment for the goods entitle Lusso Living to retain or reclaim the goods or to withdraw from the contract.
7.6. The customer cannot offset any claims against Lusso Living with counterclaims. Only Lusso Living has the right to offset .
7.7. All vouchers are name-specific and cannot be transferred to third parties. Vouchers cannot be combined or cumulated. Vouchers cannot be redeemed for cash.
8. Retention of title
The goods remain the property of Lusso Living until the purchase price has been paid in full (Art. 715 OR). The company is entitled to have this retention of title registered in the property register at the customer's place of residence without the customer's involvement.
9. Benefits and dangers
Benefit and risk are transferred to the customer as soon as the goods are dispatched. If it is a single item, benefit and risk are transferred when the contract is concluded. (Art. 185 OR).
10. Characteristics of the goods
10.1. The goods correspond to the product description. Unless otherwise agreed, the models shown there will be delivered with the stated specifications (color, dimensions, etc.). Deviations from the photo may arise due to situational influences, such as lighting or color contrasts, but also due to the screen and its settings.
Minor deviations from the specifications that are customary in the industry are possible and do not give rise to any claims on the part of the customer.
The products delivered may differ from those shown on the website or in the catalogue, particularly in the case of hand-crafted products, where variations in the finished product are normal, and also in the case of products modified as a result of technical or technological developments. These variations do not justify cancellation of the order or refusal of acceptance if they do not affect the essential characteristics of the product or its quality.
10.1.1 With regard to the designer sofas, it should be mentioned that if the buyer opts for the additional option of a sleeping function, this is covered with a black structured fabric as standard, unless the buyer has made a different agreement with Lusso Living , which in turn is recorded in writing in the purchase contract.
10.2. Suitable screws and dowels for the assembly of wall units, cupboards and sideboards are supplied. However, parts other than the original ones may also be supplied.
10.3 The buyer must check whether the goods he has purchased have enough space in his own premises and whether they can be transported into his apartment.
Lusso Living assumes no liability for items that do not fit into the buyer’s premises.
11. Audit report and complaint
The customer must inspect the goods upon receipt and report any complaints to Lusso Living within 5 days at the latest . The defective goods can either be shown at the collection point or it is the customer's responsibility to take good photos of the complaint and send them by email or post with the exact description of the part. Proof of the defect must be provided within 10 days of receipt. If the customer fails to inspect the purchased item, make a complaint or provide proof of the defect, the purchased item is deemed to have been approved. Hidden defects remain reserved.
12. Guarantee and warranty
12.1. In the case of a guarantee or warranty, the original packaging must be present, as this makes it possible to detect any external effects by third parties. If the original packaging is no longer available, Lusso Living reserves the right to refuse a guarantee/warranty.
12.2. Lusso Living provides a 24-month guarantee for material and construction defects from the date of receipt. We reserve the right to make different written agreements for specific goods.
12.3. No warranty is provided for defects that are not relevant to the appearance or function of the purchased item. This includes minor scratches, abrasions, flaking, minor color differences (particularly in the case of leather/synthetic leather combinations), etc. The suitability or value of the purchased item must be significantly reduced (see Section 197 OR)
12.4. The guarantee expires if the goods are further processed or altered in any other way. No guarantee is given for damage caused by the use of third-party materials, in particular dowels and screws for assembly. The guarantee does not cover wear and tear, signs of age and aging, in particular if these were caused or exacerbated by improper handling of the goods.
12.5. Only Lusso Living has the right to choose the warranty claims . It decides whether the customer receives a repair, a replacement or a reduction. As a rule, the customer receives a repair.
12.6. The goods will be exchanged at the place where the customer received them. If the goods have been delivered, Lusso Living will bear the additional delivery costs.
12.7. If, in the case of a guarantee or subsequent delivery, the goods are no longer in stock, the delivery period and subsequent delivery period for a subsequent order shall apply again, but Lusso Living must be granted at least 10 weeks to remedy the defect.
12.8. Furniture that has been purchased by the customer from the exhibition (in the showroom or a branch) is not subject to the guarantee and warranty provisions. It is sold as seen, so the guarantee and warranty claim is not applicable in this case.
12.9. No guarantee or warranty is provided for the electronics in sofas or beds (e.g. lighting in armrests or headboards), in particular not for the light bulbs or other lighting devices.
13. Limitation of Liability
13.1 The liability of Lusso Living for delayed or inadequate performance, in particular for indirect or further damage, is excluded to the extent permitted by law. The same applies to liability for auxiliary persons and product liability.
13.2 The shop is provided as is and "with all possible defects". Use is at your own risk. Any defects or errors in the online shop are not grounds for complaint. Lusso Living accepts no liability due to dissatisfaction or similar errors that arise from using the online shop.
14. Copyright
The copyright to the design of the website and its content lies entirely with Lusso Living . Any further use of the content is prohibited without the permission of Lusso Living. In the event of unlawful use of content, layouts or images, Lusso Living reserves the right to take appropriate measures immediately.
15. Data protection
Lusso Living undertakes to comply with data protection regulations. In particular, no data will be passed on to third parties .
16. Applicable law and place of jurisdiction
16.1. Swiss substantive law applies, in particular the law on sales (Art. 184 ff. OR). The United Nations Convention on the International Sale of Goods of 11 April 1980 (Vienna Sales Law) does not apply.
16.2. The place of jurisdiction is Zug (ZG). However, Lusso Living is entitled to take legal action against the customer before any other competent court in Switzerland or abroad.
17. Severability Clause
Should any provision contained herein be ineffective or void, the remaining provisions shall not be affected thereby. In such a case, the void or ineffective provision shall be replaced by a valid provision that corresponds to the spirit and purpose of the provision.
The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Zug, Switzerland, unless federal law specifies a different mandatory place of jurisdiction.
06.01.2023
Bullmann GmbH
Rathausstrasse 14,
6340 Baar
Switzerland
info@lusso-living.com