TERMS & CONDITIONS

These General Terms and Conditions (“Terms”) apply to all orders of products (hereinafter also “furniture” or “models”) and/or services placed through the online shop of LES BOIS STUDIO GmbH, Gotthardstrasse 3, 6300 Zug (hereinafter also “LES BOIS”), accessible at the internet domain www.shoplesbois.ch (hereinafter “shoplesbois.ch”).

The Terms can be viewed on shoplesbois.ch under “Terms & Conditions” and can also be printed or saved and archived as a PDF file using the relevant function of the browser used, typically via the “File” and “Save As” commands.

A – SCOPE OF APPLICATION

Business transactions and delivery are conducted exclusively under these Terms, in the version valid at the time of ordering, which form the basis of all contracts concluded via the offers on shoplesbois.ch. Any conflicting or deviating general terms and conditions do not apply. We reserve the right to add to, amend, or delete these Terms at any time.

Oral side agreements, assurances, and amendments to the contract or these Terms require our written confirmation to be valid.

Where these Terms refer to a “Buyer,” this means natural persons whose order is not attributable to a commercial, self-employed, or professional activity, as well as legal entities or partnerships with legal capacity ordering for commercial, self-employed, or professional purposes.

B – ORDERING PROCESS

To place an order, the Buyer selects a preferred model in the “Collection” section and specifies the desired wood type; clicking the “Order” button saves the product in the cart. The Buyer can return to the catalog view via the “X” button and select further products, adding them to the cart as described above. To continue the order, the Buyer clicks the “View Cart” button.

In the cart, the Buyer can review the quantity of selected products again or remove items using the “trash can” icon button. Clicking the “Continue” button takes the Buyer to a new page to enter their personal details. The Buyer can then (1) provide a different delivery address, (2) is asked to accept these Terms and the applicable privacy policy and notices, and (3) can calmly review and, if necessary, correct the details before submitting the order. At this point, the Buyer can already save or print the completed order using the browser’s function. The order becomes legally binding only once the “Order with Obligation to Pay” button is confirmed.

The contract text is stored, but cannot be retrieved separately at a later date. However, the contract text can be printed or saved before the order is submitted. The Buyer can also archive their order data by (1) downloading the Terms and saving the data summarized on the final page of the shop’s order process using the browser’s functions, (2) generating a PDF file by clicking the “Download Invoice” button, or (3) waiting for the automatic order confirmation/invoice that LES BOIS additionally sends the Buyer by email after the order is completed. This email again contains the Buyer’s order details and can easily be printed or saved via the email program.

Confirmation of the technical receipt of the Buyer’s order, as well as the invoice, is sent immediately after LES BOIS receives the order, via email to the address provided by the Buyer.

C – CONCLUSION OF CONTRACT

The presentation of products in our online shop does not constitute a legally binding offer, but merely a non-binding online catalog. By clicking the “Order with Obligation to Pay” button, the Buyer submits a binding offer to purchase the items contained in the cart.

A binding contract for the purchase of a product ordered by the Buyer only comes into effect once the order is accepted and LES BOIS confirms the order in writing. The order confirmation does not require a signature and may also be transmitted electronically. Acceptance occurs automatically by email to the address provided by the Buyer during the ordering process.

D – PAYMENT

LES BOIS accepts payment exclusively in advance.

The purchase price becomes due for payment immediately upon receipt of the order. The Buyer receives the bank transfer details directly after their order is received. Delivery times are calculated from the receipt of payment. Delivery times may therefore vary depending on the availability of the ordered item and the timing of payment.

LES BOIS does not, under any circumstances, cover the costs of a payment transaction.

LES BOIS reserves the right to send any further invoices to the Buyer exclusively in electronic form (currently via email).

E – PRICES

The prices listed in the offer at the time of ordering apply. The stated prices are final prices, meaning they include any applicable Swiss statutory value-added tax and other price components.

F – DELIVERY TERMS, DELIVERY TIMES, AND PLACE OF PERFORMANCE

LES BOIS covers the shipping costs for all deliveries within Switzerland. LES BOIS offers deliveries abroad upon request. Deliveries are generally made by arrangement.

Each delivery is accompanied by a delivery note listing the delivered items and quantities.

Where deadlines are given in business days, these are all weekdays excluding Saturdays, Sundays, and statutory public holidays.

Delivery is made according to the model chosen by the Buyer. Minor model changes and minor variations in color and finish, as well as natural variations, are reserved. Every tree is unique and shaped by nature. Tone and grain differ from piece to piece. Through branching, natural growth patterns, and discoloration, nature creates one-of-a-kind patterns. An ordered piece of furniture cannot therefore be refused or returned. Such differences are accepted by the Buyer and cannot be grounds for complaint.

Should the desired model no longer be available, LES BOIS will inform the Buyer immediately in writing or by phone. Any amount paid will be refunded to the Buyer immediately. There is no claim to damages.

LES BOIS’s obligation to deliver lapses if, despite a proper corresponding covering transaction, LES BOIS itself is not supplied correctly and on time and is not responsible for the lack of availability, provided the Buyer has been informed of this without delay. If the goods are unavailable, any advance payment will be refunded to the Buyer without delay.

The delivery time is extended appropriately in the event of circumstances beyond LES BOIS’s control (force majeure) that affect delivery. In such cases, LES BOIS may withdraw from the contract without further ado, refunding any price already paid by the Buyer. Force majeure includes strikes, lockouts, government intervention, energy and raw material shortages, transport bottlenecks not caused by LES BOIS, and operational disruptions not caused by LES BOIS, such as fire, water, and machine damage, as well as any other obstruction that, viewed objectively, was not caused by LES BOIS. The Buyer will be informed without delay of the start and end of such obstructions. If the cases named in this paragraph do not render delivery impossible but merely delay it, LES BOIS may, at its discretion, delay delivery for up to a maximum of 90 days. The Buyer’s right of withdrawal is excluded during this period. For the cases of impossibility or delay of delivery named in this paragraph, LES BOIS excludes any further obligation of compensation, in particular for damages, to the extent legally permissible.

LES BOIS furniture is delivered to the Buyer’s address by the contracted shipping company. Delivery assumes that the delivery address is accessible via roads suitable for trucks and — where delivery “to point of use” is provided — that delivery to the apartment (e.g. through entrances and stairwells) can be carried out using the usual means of furniture transport. The Buyer must check the furniture’s dimensions. If access or barrier-free entry is not guaranteed, or if the Buyer has doubts about this, LES BOIS must be informed before or immediately after ordering, but at the latest before shipping. In this case, LES BOIS will only deliver the furniture as far as the barrier-free accessible point. Please note that all LES BOIS furniture is pre-assembled and cannot be disassembled upon delivery.

In the case of a shipped sale, the risk of accidental loss or accidental deterioration of the sold goods passes to the Buyer upon handover of the goods to the Buyer or a recipient designated by the Buyer. This applies regardless of whether shipping is insured. If the Buyer is in default of acceptance, this is equivalent to handover. Otherwise, the risk of accidental loss or deterioration of the goods passes to the Buyer upon handover — in the case of a shipped sale, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

If the Buyer defaults on acceptance, LES BOIS reserves the right to sell the goods to a third party and/or to hold the original Buyer liable for any resulting loss.

G – EXCHANGE AND RETURNS

LES BOIS furniture is manufactured to customer specification upon order. All LES BOIS furniture is therefore excluded from returns.

H – DEFECTS

Any defects apparent upon pickup or delivery must be reported by the Buyer immediately to LES BOIS or the delivering person at the place of handover.

Should the delivered furniture have a defect, the Buyer is obliged, no later than 5 days after becoming aware of the defect or after they could have become aware of it through careful inspection, to record and report the defect by email. The defect must be described in a generally understandable manner. If requested by LES BOIS, photos showing the defect must also be provided and uploaded.

I – WARRANTY

A two-year warranty period from the date of delivery always applies, whereby LES BOIS may provide the warranty through repair, replacement delivery, rescission, or a reduction in price. The delivery note serves as the warranty certificate.

With solid wood furniture, any shrinkage of panels, cracking, or irregularities in the wood are natural and are not grounds for a warranty claim.

Furniture or furniture parts showing normal wear from use are excluded from the warranty; these may, upon request, be ordered as replacement parts for a fee. This also applies to: (1) parts that suffer a defect due to poor or irregular care of the furniture or as a result of heavy soiling, (2) damage caused by overuse, e.g. weight, heat, etc., (3) damage from mishandling, interference, or tampering, and (4) external factors such as damage from the elements, moisture, falls, impacts, etc.

J – PROTECTION OF INTELLECTUAL PROPERTY

Our brand, business names, designs, developments, materials, and all content on the website (such as photos, texts, and graphics) and other media published by LES BOIS are protected by copyright. Any modification, reproduction, or imitation of any kind is prohibited.

K – APPLICABLE LAW, PLACE OF JURISDICTION

The place of jurisdiction is Zug, ZG. Swiss law applies exclusively.

L – SEVERABILITY CLAUSE

Should individual provisions of these Terms be, in whole or in part, invalid, the validity of the remaining provisions shall not be affected. Any provisions that are wholly or partially invalid shall be replaced by provisions whose substance comes as close as possible to that of the invalid provisions.

August 4, 2022