1.1 Scope: These general terms and conditions ("Terms") apply to all legal transactions concluded via the online shop at www.ofinto.co.uk (hereinafter "online shop"). The online shop is operated by ofinto ag, CH-9200 Gossau, Switzerland (hereinafter "ofinto").

1.2 Changes: ofinto reserves the right to unilaterally change the Terms at any time. The version valid at the time the order is placed shall always apply. The current version is published on the homepage at https://ofinto.co.uk/terms-and-conditions for the UK at all times. Any conflicting or deviating terms and conditions of the customer shall not be recognized.

2.1 Images, photos, drawings, illustrations (hereinafter "Images"): Images of products in advertising, brochures, social media, online shop, etc. are for illustration purposes only and are non-binding. All images provided to the customer prior to or during the fulfilment of the contract remain the intellectual property of ofinto and may not be reproduced, exploited in any other way or made accessible to third parties without the express written consent.

2.2 Prices: The prices shown are final prices including statutory VAT. The amount shown at the time the binding order is placed shall apply. Shipping costs are included in these prices, unless explicitly stated otherwise in the ordering process or offer. ofinto reserves the right to change the prices of offered products and services at any time. The price in the online shop at the time of ordering shall be decisive for the conclusion of the purchase contract.

2.3 Availability and delivery times: ofinto attaches great importance to high availability and fast delivery of products. However, delivery delays may occur, especially due to production or supply bottlenecks. All information about availability and delivery times is therefore non-binding and subject to change at any time.

2.4 Additional service assembly and disposal: If the customer hands over or leaves the packaging material to the freight forwarder, the entitlement to free return / reimbursement expires, since this can only be done in the original packaging. If the assembly service cannot be provided due to reasons attributable to the customer (e.g. failure to comply with the agreed delivery and assembly date, incorrect size information, etc.), the customer shall not be entitled to a free repeat assembly or return, but ofinto reserves the right to charge the customer for any additional costs incurred.

3.1 Offer: The products and prices in the online shop shall be deemed an offer. However, this offer shall always be subject to the condition subsequent of impossibility of delivery or incorrect price information.

3.2 Purchase contract: The purchase contract is concluded for products or services as soon as the customer has placed their order in the online shop, in the showrooms, by phone or e-mail (hereinafter referred to as “purchase contract”). However, the purchase contract is always subject to the condition of dissolution of the contract in case of impossibility of delivery or incorrect price indication.

3.3 Deviating information: Warranty claims cannot be derived nor liabilities established from information in catalogs, brochures, advertising materials, digital advertisements (social media, newsletters, etc.) and written or verbal statements unless they have been included in the contract.

4.1 Delivery region: ofinto delivers to the United Kingdom. Other countries will only be supplied on request. The shipping of all products and orders is free of charge (see section 4.4). Exceptions are costs for special services such as isle and remote location deliveries, furniture or moving lifts, assembly services, etc.

4.2 Delivery date: When the order confirmation is received, the order will be forwarded to ofinto's logistics partner. Depending on the delivery option, delivery is usually made within five working days. For assemblies, curbside deliveries and deliveries to point of use, delivery times might be longer.

4.3 Accessibility of delivery address: The delivery address of the order must be easily accessible by delivery van. If this is not the case, the customer shall bear any additional costs incurred.

4.4 Accessibility to place of use: For deliveries to the place of use, the customer is responsible for ensuring that access for the delivery service is possible and guaranteed. The customer must check that the ordered products fit through the accesses (e.g. stairwells and doors). If a product cannot be transported to the place of use, the customer must bear any additional costs incurred (e.g. for a furniture lift) or transport the product to the place of use himself.

4.5 Acceptance by customer: Should the customer fail to accept or refuse delivery of the goods, the seller shall be entitled to re-deliver at the customer's expense or to withdraw from the contract and claim damages. Any additional costs incurred shall be borne by the customer.

4.6 Partial deliveries: The seller is entitled to make and invoice partial or advance deliveries.

4.7 Assembly: Any assembly does not include the installation of cables or an instruction of the product. The assembly also does not include any explanations, advice or instructions. If the packaging material is taken away by the freight forwarder during assembly, the customer forfeits the right to a free return, as the original packaging is required for this (see section 7).

4.8 Delay in delivery: If ofinto is delayed in delivery, the customer (except for special orders) shall be entitled to withdraw from the contract from the 30th calendar day after the originally announced delivery date. This must be done in writing. In this case, ofinto will reimburse the customer for any amounts already paid in advance.

4.9 Transport damage: Transport damage must be reported immediately, but no later than 5 calendar days after collection or delivery. If assembly or delivery to the place of use is ordered, transport damage must already be noted on the forwarding agent's receipt (see section 6).

ofinto retains title to all items delivered until full payment of the entire purchase price. ofinto is entitled to register the retention of title in the corresponding register if necessary without the cooperation of the customer.

6.1 Inspection: The customer must immediately inspect delivered products for correctness, completeness and transport damage..

6.2 Notification: Damage in transit, incorrect and incomplete deliveries/assemblies must be notified in writing by e-mail within 5 calendar days from the date of collection or delivery and documented accordingly. The customer must not put such a product into operation. It must be kept in its original packaging as received and contact ofinto.

7.1 Statutory right of withdrawal

ofinto grants consumers the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods or has taken possession. To exercise your right of withdrawal, you must inform ofinto of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail to info@ofinto.co.uk). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You may use the below withdrawal form for this purpose, which is however not mandatory.

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

Please use the original packaging to return the goods and accessories, even if it should be damaged by opening for functional testing. If original packaging is not available or damaged, additional costs may occur.

If you withdraw from this contract, we will reimburse you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us). There might be additional costs if the goods are in broken / over-used condition or if original packaging is missing / broken. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the returned goods.
You must return or hand over the goods to us immediately, in any case no later than 14 days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day deadline. We will arrange for your goods to be collected by a courier or parcel service provider. This is the easiest and most cost-effective way to return your goods. However, you are not obligated to use this return shipment procedure. If you do not use the return shipment service provided by us, you would have to bear the return shipment costs yourself. You also have to bear the return costs if you want to return more than one item.

You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist if commercial customers order several items.

7.2 Voluntary extended right of return: ofinto attaches great importance to customer satisfaction with the purchased products. ofinto therefore grants consumers a voluntary extension of the return right to 100 days. The extended return period starts after the expiry of the statutory 14-day withdrawal period.

The extended return right, provided the goods are returned unused, undamaged and in original packaging, allows for a full refund of the purchase price. Customers may return any unused product in perfect condition, even if they have assembled it. If a product does not meet the above criteria, ofinto reserves the right to refuse the return, exchange the product or issue a refund in the form of a voucher code. Any damage during delivery/assembly must be reported immediately. The extended return right does not apply if commercial customers order multiple items.

7.3 Return process: The intended return must be recorded in the customer system under order overview no later than the 100th day after ordering and justified. The goods must be packed in the original packaging material and returned to their original condition. Upon contact by the courier or parcel service commissioned by the seller, an appointment for collection must be arranged with them. The goods must be handed over to the freight forwarder commissioned by the seller, but no later than 14 days after notification that you wish to make use of the voluntary right of return.

7.4 Costs of return: ofinto voluntarily covers the costs for a standard return shipment for individual products (maximum one item per customer). For multiple items, ofinto may refuse the voluntary right of return or pass on part of the costs to the customer. The customer also bears the return costs if ofinto's standard shipping method is not possible.

7.5 Reimbursement: 

• • The voluntary return policy does not apply to business customers. However, they can reach out via email at b2b@ofinto.co.uk to discuss the potential to receive test samples.
  • The voluntary return policy is valid for a maximum of one product per customer.
  • Custom-made items (e.g., regarding size or color) or products marked as final sale/promotion cannot be returned. Delivery and installation fees are also not refundable.

7.6 Non-assignable returns: A refund can only be made if ofinto can clearly assign the return to an order. Returns that cannot be assigned to a customer will be retained by ofinto for six months. After that, the claim for reimbursement shall expire.

For ofinto, quality and customer satisfaction are paramount. Therefore, we offer all customers who have purchased ofinto products directly from our webshops a voluntary warranty of up to 10 years from the date of purchase on selected products (the "Warranty Products"), which extends beyond the statutory warranty. Our products are known for their durability, and we strive for sustainability in all our manufacturing processes.

8.1 General term: The extended voluntary warranty can only be claimed by the original purchaser of the warranty product and in the country of the original purchaser. The warranty is valid only under the premise of normal and proper use. The warranty claim will be fulfilled, at our discretion, either by replacement or free repair of the affected warranty product.

1. 1. 1. ofinto Tables:
         • • Elevate, Classic, Rise: 10-year warranty on the frame, 2-year warranty on drive and electrical components, and the tabletop.
      2. ofinto Chairs:
         • • Active, Cloud: 10-year warranty on mechanical parts such as the base, seat shell, and backrest, 5-year warranty on the mechanics and other mechanical parts, 2-year warranty on upholstery and fabrics, such as seat and backrest covers, gas springs, casters.
           • Ergo, Flex: 7-year warranty on mechanical parts such as the base, seat shell, and backrest, 5-year warranty on the mechanics and other mechanical parts, 2-year warranty on upholstery and fabrics, such as seat and backrest covers, gas springs, casters.
           • Move: 5-year warranty on mechanical parts such as the seat shell, base, 2-year warranty on fabrics, and gas spring.
      3. Lamps:
         • • 10-year warranty on mechanical parts, 5 years on lighting elements, 2 years on cables and other electronic components.
      4. ofinto Accessories:
         • • All accessories, add-ons, and accessories such as standing mats, cable trays, etc., come with a 5-year warranty. Gas springs and office chair casters come with a 2-year warranty.

8.2 Exceptions to the extended term: The following elements/products are excluded from the voluntary 10-year warranty. The statutory warranty of 2 years applies:

• • • Upholstery and fabrics such as seat and backrest covers for chairs;
      
    • Table tops;
      
    • Electrical components;
      
    • Accessories and peripheral devices.
      

8.3 Commencement of warranty: The warranty period begins at the time of delivery acceptance or the physical collection of the goods. The duration of the warranty continues regardless of the provision of any warranty services.

8.4 ofinto may provide the warranty at its option by:

• • Repair (original warranty period continues to run on the entire product);
  • Partial and complete replacement with a used/repaired product of equal value;
  • Replacement with a new or similar product;
  • Credit;
  • Price reduction.

Incidental costs of a repair or replacement, such as shipping costs, installation costs, return shipping costs, etc., are not covered by the warranty and may be charged to the end customer. Additionally, the warranty does not cover claims for damages.

8.5 Exclusions: ofinto does not provide any warranty in the following cases:

• • The voluntary right of return only applies if the order was made in good faith with the intention of purchasing and keeping the products long-term.
  • Non-compliance with the instructions and guidelines in the product's user manual;
  • Damage caused by improper installation, unless the installation was completed by ofinto or an installation partner authorized by ofinto;
  • Damage from accidents, transport, or improper storage, adjustment, or use;
  • Damage caused by loading furniture beyond its weight capacity;
  • Items exposed to environments outside the intended use area specified by ofinto for the product (e.g., storage or outdoor exposure);
  • Damage from natural disasters (e.g., water, fire, etc.), moisture, falls, and impacts;
  • Neglected maintenance as per the user manual and/or improper modification or repair of the products by the customer or a third party;
  • Damage from incorrect cleaning methods or cleaning products;
  • Damage due to neglected maintenance, for example, squeaking without oiling or loosening of screws without regular re-tightening;
  • Discoloration of materials due to stains, dirt, inks, or dyes;
  • Natural variations in wood grain;
  • Signs of normal wear and tear;
  • Changes or discoloration of surface color due to light/sun exposure or aging;
  • Damage from writing instruments or sharp objects;
  • Use of incompatible replacement or accessory parts (e.g., power supply);
  • Items manufactured or labeled by third parties, including computer monitors and keyboards;
  • Consequential damages.

8.6 Wear parts: Wear parts such as batteries, accumulators, power cables, adapters, light bulbs, etc., are excluded from the warranty. Additionally, the liability exclusions apply (see section 9).

We would like to point out that we manufacture very durable products and aim to be sustainable. Should the warranty not apply, we have readily available spare parts at extremely fair prices. Your statutory rights, especially the legal warranty, remain unaffected by this warranty and continue to apply without restriction.

9.1 Principle: Liability shall be governed by the applicable legal provisions. However, in no case shall ofinto be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delayed delivery, and (v) any acts and omissions of ofinto's vicarious agents or commissioned service providers, whether contractual or non-contractual.

9.2 Exceptions: Ofinto excludes liability in the following cases:

-   Improper, non-contractual or unlawful storage, configuration or use of the products;
-   Use of incompatible spare or accessory parts (e.g. power supply);
-   Failure to maintain in accordance with operating instructions and/or improper modification or repair of products by customer or third party;
-   Force majeure, in particular elemental, moisture, dropping and impact damage, etc. not caused by ofinto, and official orders.

10.1 Electronic data: By concluding the contract, the customer agrees to receive offers, invoices, delivery confirmations, credits and all other documents in electronic form.

10.2 Payment options: The customer has the payment options shown as "Payment Options" in the online shop available to them.

10.3 Credit card: When paying by credit card or other immediate payment method, the debit occurs at the time of ordering.

10.4 Prepayment: In case of prepayment, delivery will only take place after receipt of payment.

10.5 Invoice: When purchasing on account, the customer is obliged to pay the invoice amount within 14 calendar days after receipt of delivery without any (cash) deduction. In the event of a partial return of the delivered products, the invoice amount can be reduced accordingly. The invoice will be sent digitally.

10.6 Default: If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed by the customer will become due immediately and ofinto can demand them immediately and stop further deliveries of products to the customer. ofinto charges a fee of GBP 50.00 for the 2nd reminder and GBP 100.00 for the 3rd reminder. If the reminders are unsuccessful, the invoice amounts can be assigned to a company commissioned with collection. In this case, an effective annual interest rate of up to 15% on the amount due can additionally be charged from the due date. The commissioned collection company will assert the outstanding amounts in its own name and for its own account and may charge additional processing fees.

ofinto's Privacy Policy (https://ofinto.co.uk/privacy-policy) applies to the processing of personal data by ofinto.

The invalidity and ineffectiveness of one provision does not affect the validity of the remaining part of the Terms and Conditions. Should individual provisions prove to be invalid or ineffective, these will be replaced by new valid provisions that correspond as closely as possible to the economic and legal meaning of the ineffective provision.

Contracts between ofinto and the client shall be governed exclusively by Swiss law. Disputes arising from contracts to which these GTC apply shall be subject to the exclusive jurisdiction of the ordinary courts at the registered office of ofinto ag in Gossau, Switzerland. However, ofinto ag is entitled to take legal action against the client at the latter's registered office or place of residence.

Switzerland, Gossau, 10/06/2024