Terms of service
General Terms and Conditions of rockethouse GmbH in relation to the Atmosflame brand (rockethouse GmbH hereinafter referred to as Atmosflame) - Version 1.0
1 Subject matter of the contract
Atmosflame sells to business/private customers (hereinafter referred to as “Customer”) the goods specified in the online store or in written offers in accordance with the General Terms and Conditions (GTC).
2 Conclusion of contract
Upon receipt of the order confirmation, a valid purchase contract is concluded (Art. 184 para. 2 OR). Properly placed orders are binding.
The contract between the customer and Atmosflame only comes into effect when the customer places an order. The Customer's order is placed via the Atmosflame online store or via a written order. Atmosflame accepts the order by (a) sending the Customer an order confirmation (by e-mail) or (b) delivering the ordered goods (including delivery bill).
3. product offer
All information on the goods that the customer receives during the ordering process is non-binding. In particular, changes in design and technology, which improve the functionality of a product, as well as errors in description, illustration and pricing are reserved. Changes to the product range are possible at any time.
4 Terms of payment
Deliveries are only made against advance payment. The customer is obliged to pay the total amount of the order in full before the delivery or provision of the service. Depending on the offer and agreement, payment can be made using various payment methods, which are specified during the ordering process. The delivery or provision of the service shall only take place once payment has been received in full. In the event of late or non-payment, Atmosflame reserves the right to cancel the order or take further legal action. Any costs or fees in connection with the payment shall be borne by the customer. Prices are quoted in Swiss francs (CHF) including VAT or are shown separately in foreign currencies. Transportation and packaging costs will be charged and shown separately.
5 Delivery conditions
The products ordered can only be shipped to countries that can be selected when ordering. If in stock, the products will be delivered immediately to the address specified by the customer. Otherwise, a written order confirmation will be sent with the expected delivery date. Delayed delivery does not give the customer the right to withdraw from the contract. If Atmosflame is prevented from fulfilling its delivery obligations on time due to the occurrence of unforeseen events that affect Atmosflame or its suppliers and that cannot be averted even with reasonable care in the circumstances of the case (namely natural events, strikes, accidents, shortages of raw materials, interruptions in production, etc.), the delivery period will be extended by the duration of the hindrance and by a reasonable start-up period. The goods shall be delivered at the customer's expense and risk, even if partial deliveries are made. In the event of externally visible damage to the ordered goods, claims will only be settled against a certificate from the respective carrier. If products are delivered with obvious damage to the packaging or contents, the customer must complain to the carrier immediately and refuse acceptance, without prejudice to their rights in respect of defects. All transport damage must also be reported immediately to Atmosflame. It is the Customer's responsibility to inspect the ordered products immediately upon receipt. If an ordered product is no longer available at the time of delivery, Atmosflame reserves the right to replace the product with an equivalent product.
6 Retention of title
The delivered goods remain the property of Atmosflame until full payment has been made. Atmosflame is entitled to make a corresponding entry in the retention of title register. If the Client defaults on payment of the purchase price, Atmosflame is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods. If the invoice is not paid after a reminder, debt collection will be initiated.
7. right of return
The customer has the right to cancel the contract within a period of 14 working days without giving reasons and to return the goods in unopened original packaging.
In the case of the payment method “advance payment”, the right of return shall become null and void if payment is delayed, as it can be assumed that the return was intentional.
The customer must return the delivered items undamaged, in working order, complete, unused and in perfect original packaging. The right of return begins upon receipt of the goods by the customer. The customer shall also bear the costs of the return shipment. Atmosflame will invoice the customer for any repairs to the original condition. If the customer has returned the goods properly and on time, Atmosflame will issue a credit note, a voucher or, on request, a replacement delivery.
The customer has a right of return under the following conditions:
- There is a production defect in the product
- Damage has occurred during transportation
- An incorrect delivery has been made by Atmosflame
8 Warranty for defects and liability
The warranty period for all products offered is the manufacturer's warranty period, unless a longer warranty period is expressly stated. Products will be replaced or repaired free of charge if the defect is reported in writing by the customer within 14 working days of receipt of the goods. The warranty for Atmosflame products is valid for 2 years from the date of invoice. Wearing parts are not covered by the warranty. The issued invoice is valid as proof of warranty. All goods are delivered in an inspected condition. The warranty cannot be claimed for wear and tear or damage caused by improper or incorrect handling. This applies in particular to stone and glass breakage. Claims for consequential damage will be rejected. The operating instructions must be observed in all cases. If a product can no longer be repaired or replaced, an equivalent replacement product will be exchanged or a credit note issued to the customer. If products that are replaced directly by Atmosflame within the warranty period are subsequently found to be a warranty case not confirmed by the manufacturer, Atmosflame reserves the right to pass on any costs incurred. The warranty is void if changes or repairs are made to the goods without the written consent of Atmosflame. To the extent permitted by law, liability for damages is excluded. In particular, Atmosflame is not liable for damage caused by improper use or natural wear and tear or for damage that has not occurred to the delivered item itself (consequential damage). Atmosflame is liable in the event of a negligent or intentional contractual or statutory obligation or in the event of a warranty claim if the customer suffers personal injury or property damage within the scope and extent of the liability insurance. Any further liability of Atmosflame is excluded, in particular for financial losses, regardless of whether they are attributable to personal injury or property damage, in the area of the client or third parties. In the event of late delivery or failure to deliver, the Customer may withdraw from the contract, provided that a reasonable grace period granted to Atmosflame has expired without success. Damage caused by delay will only be compensated in cases of intent or gross negligence.
9 Intellectual property
Atmosflame reserves all rights to every design, text and graphic of the sales aids (brochures, website, etc.). Copying or any other reproduction of the sales aids or parts thereof is only permitted for the purpose of placing an order with Atmosflame. The name Atmosflame is a registered trademark. All other trademarks, product names or company names or logos cited on the sales aids are the sole property of the respective entitled parties. Atmosflame reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of Atmosflame before passing them on to third parties.
10. Data protection
Atmosflame assures to observe the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing and using personal data. The customer data collected during order processing is used for internal market research and marketing purposes. Data will only be passed on to third party partner companies if this is absolutely necessary for the proper provision of services (order processing). The customer agrees to this use of his data. In addition, the customer has the right to view the data stored about him at any time on request and to prohibit its use for internal market research and marketing purposes.
11 Place of jurisdiction and applicable law
These GTC and the contracts concluded on the basis of these GTC are subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Hörhausen, Thurgau, Switzerland.
12. Final provisions
In the case of the sale of the specified goods, the GTC in the version valid at the time the respective contract is concluded shall apply exclusively. These Terms and Conditions shall also apply in particular if they differ from those of the customer. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. Furthermore, Atmosflame reserves the right to amend these General Terms and Conditions at any time.
13. Contact
For questions or contact requirements, the customer should contact Atmosflame:
Atmosflame c/o rockethouse GmbH, Hauptstrasse 4, 8558 Raperswilen, Switzerland or by e-mail to care@atmosflame.com