Eckstein Design Company

Terms and Conditions (GTC)

1. Scope
These general terms and conditions (GTC) apply to the business area of Eckstein Design Company GmbH (hereinafter referred to as “company”). The company owns and operates the platforms and and provides paid and unpaid services on them in connection with the trade in goods. The company also offers consulting services and grants license rights. The company also sells and buys design, furniture and other goods.
These terms and conditions apply to the above-mentioned areas as well as the other services that the company provides directly and indirectly to the customer.

2. Conclusion of the contract
The contract is concluded when the customer accepts the company’s offer. The offer regulates the purchase of services, products or licenses.
The contract is also concluded when the customer makes use of the services offered by the company or purchases or uses the company’s products (license).

3. Prices
Subject to other offers, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The prices are exclusive of transport, logistics and costs for any customs duties.
The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract apply, which are listed on the websites or or on separate price lists of the company.

4. Payment
if a sales contract is concluded, the customer is obliged to pay 50 percent of the invoiced amount in advance (deposit). The remaining 50 percent are due in advance of delivery.
If the customer does not pay the deposit within six working days, no contract is concluded. In this case, the company is not obliged to put the ordered goods into production.
If the customer has paid the down payment and withdraws his order after production has started, he is not entitled to a refund of the down payment made.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer owes default interest in the amount of 5 percent.
The company reserves the right to request prepayment at any time without giving reasons.
Offsetting the invoiced amount against any claims made by the customer against the company is not permitted.
The company has the right to refuse the provision of services and delivery of the product in the event of default in payment.I

5. Company obligations
5.1. Service delivery
Unless otherwise agreed, the company fulfills its obligation by providing the agreed service or delivery of the ordered products. The service / delivery includes the services that are or were published online at the time the contract was concluded.
Much of the company’s services are provided online. For all other services, the company’s registered office is the place of performance, unless other provisions are made.

6. License
6.1. use
The company grants the customer the right to use documents, films and videos. These usage rights are non-exclusive, non-transferable and limited to the use of the customer. The individual documents serve as templates and may only be used by the customer as templates and for their own purposes. Any transfer to third parties or any other use of a commercial or other nature is prohibited.

6.2. formatting
If the documents are created in a format that restricts the customer’s rights of use, this is in line with the will of the company and reformatting is not permitted.

7. Resignation
After the order has been received and the down payment has been made, the customer has no right of withdrawal. The ordered goods are manufactured explicitly at the customer’s request, which is why withdrawal is excluded. If the customer withdraws from the purchase contract anyway, he still owes the down payment made – or it will not be refunded.

7.1. Products
An exchange of products is generally excluded.

8. Retention of title
The ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not have the products. In particular, he may not sell, rent or pledge them.

9. Warranty
The company guarantees that the product is free from defects in material and manufacture.
Any deficiency must be reported to the company immediately. It is up to the company to decide whether to repair or replace the defective product. The customer is only entitled to a reduction in the purchase price or a refund if a replacement or repair is not possible. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins with the conclusion of the contract and has a term of two years.

10. Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the sum of the product purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence, incorrect handling / cleaning or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for damage caused by improper use, overloading or overturning of the furniture is fully excluded.

11. Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks.
Neither these terms and conditions nor the associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless the company explicitly approves it in writing.
If the customer uses content, text or graphic material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

12. Data protection
The company may process and use the data recorded in the context of the conclusion of the contract to fulfill its obligations under the contract. The company takes the measures required to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to them or to third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data required to fulfill the service can also be passed on to commissioned service partners or other third parties.
The data protection regulations also apply.

13. Changes
These general terms and conditions can be changed by the company at any time.
The new version comes into effect when it is published on the company’s website.
For customers, the version of the General Terms and Conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the terms and conditions.

14. Priority
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.

15. Severability Clause
Should any provision of this contract or an attachment to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.

16. Confidentiality
Both parties and their auxiliaries undertake to treat all information that has been submitted or acquired in connection with the services confidentially. This obligation remains in effect even after the contract has ended.

17. Force Majeure
If the timely fulfillment by the company, its suppliers or third parties involved as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . If reactor damage is impossible, the company is released from fulfilling the obligations concerned for the duration of the force majeure as well as for a reasonable start-up period after it has ended. If the force majeure lasts longer than 90 days, the company can withdraw from the contract. The company has to reimburse the customer in full for payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.

18. Applicable law / place of jurisdiction
These terms and conditions are subject to Swiss law. Unless mandatory statutory provisions are stipulated, the court at the company’s registered office is responsible. The United Nations Convention on Contracts for the International Sale of Products (SR is explicitly excluded.

Bern, 17.01.2020

Quelle: SwissAnwalt

Sales agency agreement
Between intermediary / commission taker
and seller called company

The following contract is concluded:

1 subject matter of the contract:
1.1 The subject of the contract is the integration and presentation of the company’s website / On the website and under the domains or social media channels of the for the purpose of promoting the products / services of the products and services offered by the company.
1.2 The company’s website is integrated in the form of an inline frame (iframe). The company provides the agent with a corresponding code for this. This is included in the source text of the website and / or on the agent’s social media and thus enables the merchant’s website to be displayed in the predefined format of the iframe.
1.3 The mediator endeavors to present the iframe as effectively as possible, taking into account the interests of both parties.
1.4 The iframe may only be integrated under the domain specified in advance in the registration form and / or the agent’s social media.
1.5 The content visible in the iframe is created and edited by the company alone.

2 remuneration:
2.1 The agent has a commission claim for each customer forwarded by him to the company via the iframe as soon as he triggers sales by concluding a transaction (pay-per-sale). The commission is paid as soon as the customer proves sales, purchase.
2.2  The amount of the agent’s commission within a billing period is calculated from the sales price minus taxes, packaging and transport of the commission giver (called company). All transactions concluded in the respective accounting period that have been paid for in full by the purchaser (customer) are taken into account. The agent’s commission corresponds to 2.5% of sales by default. Other participations can be discussed and contractually fixed in individual cases.
2.3 The billing periods are generally 3 months. The agent’s claim to commission is only due immediately after the company has issued an invoice and the entire sales price has been received.
2.4 The company regularly issues accounts for the agent. These must contain at least the calculation factors referred to in (3) and, if necessary, further information, insofar as this is necessary in order to explain the broker’s commission claim and its calculation in an easily comprehensible manner. The bills are usually to be sent to the agent within 5 weeks of the end of the billing period. Deviating from this, the billing may take place later if the company does not yet have the data required for billing. He has to inform the agent about this.

3 Payout:
The commission is paid out to a suitable account in the name of the agent.

4 Supplementary Company Obligations:
The company endeavors to keep the website or social media linked via the iframe available for the entire duration of this contract. However, no guarantee can be given. In the event of disruptions, the company will notify the agent of these disruptions.

5 Supplementary Obligations of the Affiliate:
5.1 The agent (called contractual partner) guarantees that by displaying the iframe on its website or other specified channels, the advertising activities developed in this regard as a whole …

  • (a) are not objectionable in nature
  • (b) are legal in all cases
  • (c) the company (Eckstein Design Company GmbH) no damage whatsoever

5.2 The company’s website / and its source texts shown in the iframe may not be changed visually, in terms of content or technically or in any other way without their prior consent edited or used in any other way, insofar as this use goes beyond the rights granted in this contract.
5.3 For each case of violation of the provisions in 1, 2, 4, 5, the agent undertakes to pay an appropriate contractual penalty at the company’s reasonable discretion, the amount of which can be checked by a court in each individual case.

6 Interruption of the circuit of the iframe:
The contractor (called company) endeavors to ensure that the iframe is activated, but cannot guarantee this.

7 Contract duration, termination:
7.1 The company has the right to terminate the program at any time without giving reasons.
7.2 The commissions accrued up to that point will be paid out.
7.3 With the termination of the program, the company is released from all obligations towards the contracting agent.

8 Applicable law, place of performance, place of jurisdiction:
These terms and conditions are subject to Swiss law. Unless there are mandatory statutory provisions

9 Other:
9.1 Verbal subsidiary agreements have not been made. Changes, additions and additions to this contract are only valid if they are agreed in writing between the parties.
9.2 Only the German version of the contract texts is authoritative.
9.3 Severability clause:
Should any provision of this contract or an attachment to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same also applies to any contractual loopholes.