Terms & Conditions

1. General

These terms and conditions are an integral and supplementary part of every transaction with CMG Schweiz GmbH, based in Wallisellen (Switzerland) for orders placed over the Internet, by email, telephone or in the showroom. By ordering products from our range, the General Terms and Conditions are deemed to have been accepted. Deviating provisions of the customer are only recognized if we have agreed to them in writing. The link to our terms and conditions is on the order confirmation and invoice, this explicitly meets the legal requirements. An objection to these terms and conditions must be made by the customer in writing immediately after delivery of the order confirmation (by post / email / in person). There is no statutory right of withdrawal for purchases made over the phone or in a shop in Switzerland.

2. Prices

The Swiss franc prices (CHF) given in the shop include VAT of 7.7% for Switzerland. The prices are inclusive. Delivery in Switzerland and Lichtenstein. In the event that a second man or aids such as a crane, furniture lift or other are required for the delivery, these costs will be calculated separately according to expenditure. Delivery to countries outside of Switzerland and Lichtenstein are not included in the price and will be charged separately. By placing the order, the customer accepts the general terms and conditions. In cases of obvious writing and billing errors, we are entitled to withdraw from the contract. If payment is more than 30 days in arrears beyond the agreed payment date, agreed rebates, bonuses and cash discounts are void.

3. Delivery, advice and planning

We deliver our goods within the specified delivery times according to the item description. Exceptions for which we cannot be responsible ourselves, except. In particular, strikes and cases of force majeure and disruptions in business operations or at logistics companies and suppliers of CMG. In the event of delivery delays that are due to the ability of the sub-supplier to deliver and not to CMG Switzerland, no right of withdrawal can be granted. Depending on the size and weight, the items are usually delivered by our transporter or a forwarding agent within 3-4 weeks. Other delivery times are noted in the item description. If an item is no longer in stock or available, we will let you know as soon as possible. In principle, the furniture is set up by us and the packaging disposed of. If furniture is to be tolerated in the apartment at the customer's request, we expressly assume no liability for damage in these rooms. Traffic-related delays in delivery time are acts of God and therefore no right of recourse arises from late delivery. Second and third pillowcases, if included in the price, are given as a gift and have no legal claim in terms of color and completeness. If the delivery is postponed by more than 4 weeks after the order has been placed due to a customer request, 100% of the invoice amount is due. For special orders we charge a deposit of 50%. The final amount is due upon delivery. For planning tasks requested by the customer without a subsequent order, we charge a flat rate of CHF 280 / hour plus any kilometer flat rate of CHF 1 / KM. CMG reserves all rights to the planning documents created by CMG until the binding order is placed. A flat rate of CHF 5 per square meter per day for storage and handling is charged for storage for customers. When delivering reduced goods (SALE), delivery costs of up to CHF 280 are incurred depending on the region and the value of the goods. For deliveries up to a goods value of CHF 500, a mandatory CHF 50 delivery fee will be charged. When installing or installing technical devices as part of an order, such as TVs, grills, lights that are subject to rapid model changes, CMG Switzerland is entitled to replace the devices with the newer and current device that can be delivered at the same time, depending on the market and procurement situation. This in particular within the framework of delivery dates specified by the client. The Covid 19 situation is expressly pointed out here. If aids such as a crane or lifting platform are required for delivery, as well as several people for contracting inaccessible rooms or terraces, these must be expressly organized and paid for by the customer. The benefit and risk of the item pass to the customer when the item is picked up or shipped. The customer is responsible for taking out transport insurance. In the case of simultaneous delivery of orders from several of our shops, the delivery conditions of the larger order apply.

 
4. Signature and probative value / payments

By confirming your order, you agree to the acceptance of these terms and conditions and the prices shown. The confirmation counts as a signature and express acceptance of all business transactions made on the website. The order between CMG Schweiz GmbH and you as a customer comes into being at the time and day on which you have accepted the general terms and conditions on our website and/or have definitely confirmed an order . After delivery of the order confirmation by post or e-mail, the order is considered confirmed after 24 hours even if there is no reply. Orders by email are definitive and explicitly exclude a right of withdrawal, since this order is binding and immediately forwarded to the manufacturer. Repeated pressing of the confirmation button within 30 minutes with the same contents of the shopping cart is interpreted as an order. As a customer, you accept the logged content of our website as evidence. You will receive an e-mail with your order as confirmation and if the information is correct. By confirming your order, you agree to the acceptance of these terms and conditions and the prices shown. The confirmation is considered a signature and express acceptance of all business transactions made on the website. This also applies if, at the customer's request, the order was carried out by a CMG employee. The goods remain the property of CMG Schweiz GmbH until the purchase price has been paid in full. Orders placed at trade fairs or in our showrooms cannot be exchanged or returned. In any case, a down payment made is considered a legally binding order by the person who is legally responsible for the company or by the person himself. Delivery will only take place after full payment has been made by the customer. If the customer does not pay in full or withdraws from the purchase, no deposit or advance payment will be refunded. If a down payment is agreed, the general terms and conditions and terms of payment are explicitly recognized and binding with the down payment made. If the delivery date is postponed by more than 30 days on the part of the customer, for orders placed at trade fairs or in our showrooms, or in the event of insolvency, any down payment made will be lost and cannot be claimed back. In these cases, CMG reserves the prior sale. Default of payment will be charged with 5% interest above the base interest rate of the Swiss National Bank. According to EU and CH law, an order does not have to be in writing. A verbal order is therefore legally binding and does not require any further confirmation by the buyer. This applies to all orders for stock goods, especially special orders. The acceptance of the order by a seller is considered to be legally binding. Requests to change details of orders must be submitted within 48 hours of receipt of the order confirmation. According to Swiss law, there is no right of withdrawal. Agreed terms of payment have no influence on the legal binding nature of the purchase contract.
 

5. Return/Exchange

Exchange and return of contractually delivered goods is only possible in exceptional cases and with the written consent of CMG Schweiz GmbH. The return must be made in the original packaging. The customer accepts that CMG Schweiz GmbH will charge an administrative fee.

In the event of revocation, CMG bears the costs of the return shipment.

Goods ordered in the outlet and goods at special prices are excluded from exchange and return. Design and production-specific deviations from the manufacturer's product description do not constitute a defect. Tolerances of up to 3% in height and dimensions within the scope of a production tolerance are not objectionable. No liability can be accepted for properties that are not guaranteed. So-called pilling in fabrics is inherent in the system and does not constitute a reason for complaint. Any pictorial deviations in the colors and dimensions are production-related and do not constitute a reason for complaint. There is no right to complain about cushions that may have been delivered free of charge. Special orders as well as custom-made products that are manufactured on customer request are excluded from any right of exchange or right of return. Deviations in dimension or design and color are construction-related in the case of special orders and are not a reason for complaints and returns. This applies in particular to cover hoods made to customer specifications, where technical and construction-related deviations are possible at the request of the manufacturer and cannot be objected to, is a guaranteed property here only the weather-related protective function for outdoor furniture. CMG expressly has no influence on the technical implementation during production, this lies exclusively with the manufacturer or supplier specialist company. Bleu Nature objects are natural products and do not claim the same optical perfection as a serial product. Deviations from the picture are therefore unavoidable and do not represent a defect or justify a complaint or return. Products in the OUTLET section are discontinued series or products with small defects. Sun blinds and curtains or their brackets, which are attached to the building structure, are always installed on the customer's instructions, regardless of whether they are carried out by CMG Switzerland, a subcontractor or the manufacturer directly. For these assemblies there is a right of complaint of 2 days. In any case, the client (customer) must point out any defects in the assembly as well as errors in function or material immediately after assembly. The products themselves have a legal guarantee of 2 years.

5.a.Outdoor cushion fabrics

Sunbrella outdoor fabrics Seagull, Granite, Sapphire & Anthracite are a blend of two fibres, PVC and Sunbrella acrylic fibres, which have been treated with a weather resistant coating. The Granite, Sapphire & Anthracite fabric also contains recycled yarns, so there may be color differences, but this is not a reason for complaint. The recycled and virgin fibers are blended to ensure the product meets stringent quality requirements. The processing of recycled yarns characterizes the individuality of the recycled fabric. The fabric consists of two basic colors, which can result in an optical effect in the case of seam patterns, the parallelism of which is not 100% guaranteed.

6. Guarantee

The buyer must check the object of purchase upon delivery. Any defects must be reported in writing within three days. CMG Schweiz GmbH does not respond to late notifications of defects. Any defect does not entitle the buyer to withhold payment of the purchase price. The guarantee period begins on the date of sale or on the day the object of purchase is handed over and lasts 2 years. The guarantee does not cover breakage of glass or damage to the upholstery cushions and their covers caused by wear and tear. Seat reflections and wrinkling that occur during use are product-specific, do not constitute a defect and therefore do not give rise to any warranty claims. Any color or material abrasion of clothing on the upholstery fabrics is inherent in the system and does not constitute a reason for complaint. Differences in color and structure are natural and are accepted by the buyer. Damage caused by wear and tear, aging and improper handling are excluded from the guarantee. If you carry out your own repairs, have the repairs carried out by a third party or fail to follow the instructions of CMG Schweiz GmbH, the right to warranty services will be forfeited. . Repatriations and customs formalities from countries outside Switzerland are at the expense of the customer. CMG Schweiz GmbH is entitled to make improvements (repairs) or a replacement delivery at its own discretion. The warranty period is not extended by replacement (goodwill) or repair. The date of delivery is legally binding for the start and end of the guarantee period. Rescission, reduction, rescission and all further claims for damages on the part of the buyer are excluded in this case. No liability or guarantee whatsoever applies to free products (free products) or auxiliary items such as retaining clips, candles, accumulators and light bulbs. Any warranty claims and a right of return on the part of the customer shall not apply to special sales, clearance sales, warehouse sales with a discount and items to which a discount has been granted. 7. PaymentCMG Schweiz GmbH accepts the following payment methods in the online shop: - Credit card (Visa Mastercard Amex) - PayPal Apple Pay

For all orders outside of the online shop:

- 50% payment when ordering 50% on/after delivery 8. Data protection Your data is securely protected with us and will not be passed on. Excluded is the transfer to our trading partners in the context of order processing. You can request information from us about your data and its modification, correction or deletion at any time. 9. Intellectual propertyAll elements of the cmg.ch website, including those of visual or acoustic origin, are protected by copyright, trademark and patent law. The prior approval of cmg schweiz gmbh must be obtained for every link from a website to the cmg.ch website. In all cases, all links to the cmg.ch website must be removed at the simple request of CMG Schweiz GmbH. 10. DurationThe present General Terms and Conditions apply for the entire duration of all online and offline services of CMG Schweiz GmbH. CMG Schweiz GmbH can adapt the GTC to the required legislation at any time. 11. Place of jurisdiction For any disputes arising out of or in connection with this agreement or the individual orders, the ordinary place of jurisdiction at the registered office of Cmg Schweiz GmbH CH-8304 Wallisellen / Zurich shall apply. Swiss law applies

CMG© Schweiz GmbH

valid from:1. January 2006 updated January 1, 2022