General Terms and Conditions

Basic provisions

The following terms and conditions apply to contracts that you conclude with us as a provider via the flexscreen.ch website. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

Formation of the contract

The subject of the contract is the sale of goods.
By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar designation) and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order data as an order overview.

If you use an instant payment system (e.g. PayPal) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.

By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

Individually designed goods

You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

Right of retention, retention of title

You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. The goods remain our property until the purchase price has been paid in full.

If you are an entrepreneur, the following also applies:

We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.

You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

Warranty

The statutory warranty rights apply.

As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims. If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

In the event of defects, we shall, at our discretion, either rectify the defect or replace the goods. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.

The warranty period is one year from delivery of the goods. The shortened period does not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.

Choice of law, place of performance, place of jurisdiction

Swiss law shall apply. The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office.

 

Dagmarsellen, 2025