1.1 Scope: The general terms and conditions (“GTC”) apply to all legal transactions concluded via the online shop www.ofinto.de (hereinafter referred to as “online shop”). The online shop is operated by ofinto ag, CH-9200 Gossau, Switzerland (hereinafter referred to as “ofinto”).

1.2 Changes: ofinto reserves the right to change the GTC at any time unilaterally. The version of these GTC valid at the time of the order shall apply. The current version is always published on the homepage under https://ofinto.co.uk/terms-and-conditions for the UK, https://ofinto.de/terms-and-conditions for Germany, https://ofinto.at/terms-and-conditions for Austria, https://ofinto.ch/terms-and-conditions for Switzerland and the Principality of Liechtenstein, https://ofinto.fr/terms-and-conditions for France. Conditions of the customer that are contrary to or deviate from these GTC will not be accepted.

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 not binding. All images provided to the customer prior to or during the performance of the contract remain the intellectual property of ofinto and may not be reproduced, otherwise exploited or made available to third parties without the express written consent.

2.2 Prices: The prices shown are final prices including statutory sales tax. The amount shown at the time of the binding order shall apply. Shipping costs are included in these prices, unless otherwise indicated in the order process or in the offer. ofinto reserves the right to change the prices of the offered products and services at any time. The price in the online shop at the time of the order is 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 the products. Especially due to production or delivery bottlenecks, delivery delays may occur. All information on availability and delivery time is therefore without guarantee and subject to change at any time.

2.4 Additional service assembly and disposal: The assembly includes the delivery, unpacking and assembly of the ordered products including the return of the packaging material (see point 4). If the customer disposes of or hands over the packaging material to the carrier, the right to a free return / refund is forfeited, as this can only be done in the original packaging (see point 7). The disposal includes the acceptance and environmentally friendly disposal of the items indicated by the customer when ordering. These must correspond in type and quantity to the ordered product. The items to be disposed of must be prepared by the customer in a transportable manner and for the agreed delivery date of the ordered products. If the assembly service cannot be provided due to a reason attributable to the customer (e.g. non-compliance with the agreed delivery and assembly date, incorrect dimension information, etc.), the customer has no right to a free repetition of the assembly or return, whereas ofinto reserves the right to charge the customer for any additional costs incurred.

3.1 Offer: The products and prices in the online shop are considered as an offer. However, this offer is always subject to the condition of dissolution of the contract in case of impossibility of delivery or incorrect price indication.

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: No warranty claims can be derived from information in catalogs, brochures, advertising materials, digital advertisements (social media, newsletters, etc.) and written or oral statements, nor can liabilities be established, unless they have been included in the contract.

4.1 Delivery region: ofinto delivers to the Federal Republic of Germany, Austria, France, Switzerland and the Principality of Liechtenstein, United Kingdom. Other countries are only supplied on request. The shipping of all products and orders is free of charge (see point 4.4). Excluded are costs for special services, such as furniture or moving lifts.

4.2 Delivery date: With the order confirmation, the order is passed on to the logistics partner of ofinto. Depending on the delivery option, delivery is usually within five working days. For assemblies, delivery to the curb and delivery to the place of use, the customer will be contacted in advance and an individual delivery date will be agreed.

4.3 Delivery options: ofinto offers the following delivery options:

• Parcel service: Individual office chairs and accessories with a total weight of less than 30 kg and a belt size of less than 300 cm are delivered by parcel service. Curb: The free delivery without assembly of larger products (e.g. tables) or bulk orders is standard to the curb. The delivery partner of ofinto will arrange a date with the customer for the delivery in advance. For delivery locations that are not directly accessible, the delivery company will deliver the order to the nearest location accessible by vehicle (e.g. to the mountain railway valley station);
• Delivery to the place of use without assembly service: For an additional charge, the customer can book a delivery to the place of use. The product is delivered to the desired location (e.g. to the office or to the living room). The delivery partner of ofinto will arrange a date with the customer for the delivery in advance. Further services, such as the assembly of the products or the return of packaging materials or old products are not included in the delivery to the place of use, but can be optionally added;
• Delivery to the place of use with assembly service: For orders where the customer has booked an assembly, the delivery to the place of use is included free of charge. The delivery partner of ofinto will arrange a date with the customer for the delivery by phone in advance. The delivery includes the delivery to the place of use, the assembly of the products, as well as the optional return of packaging materials.

4.4 Accessibility to the delivery address: The delivery address of the order must be easily accessible by a delivery van. If this is not the case, the customer bears the resulting additional costs.

4.5 Accessibility to the 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 whether the ordered products fit through the accesses (e.g. staircase and doors). If a product cannot be transported to the place of use, the customer must bear the resulting additional costs (e.g. for a furniture lift) or take over the transport to the place of use himself.

4.6 Acceptance by customer: If the customer is in default of acceptance of the goods or refuses them, the seller is entitled to deliver again at the customer’s expense or to withdraw from the contract and claim damages. The customer bears the resulting additional costs.

4.7 Partial deliveries: The seller is entitled to make partial or advance deliveries and to charge them.

4.8 Assembly: Any assembly does not include the installation of the wiring or an instruction of the product. Also, the assembly does not include any explanations, consultations or instructions. If the packaging material is taken away by the carrier during the assembly, the customer loses the right to a free return, as this requires the original packaging (see point 7).

4.9 Delivery delay: If ofinto is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. This must be done in writing. In this case, ofinto will refund the customer any amounts paid in advance.

4.10 Transport damage: Transport damage must be reported immediately, but no later than within 5 calendar days. If an assembly or delivery to the place of use is commissioned, transport damage must already be noted on the acceptance form of the supplier (see point 6).

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

6.1 Inspection: The customer must check the delivered products immediately for correctness, completeness and delivery damage.

6.2 Notification: Delivery damage, incorrect and incomplete deliveries / assemblies must be reported and documented in writing by e-mail within 5 calendar days from the date of collection or delivery. Such a product must not be put into operation by the customer. They must keep it as received in the original packaging and contact ofinto.

.

7.1 Statutory right of withdrawal

ofinto grants end 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 or has taken possession of the goods. To exercise your right of withdrawal, you must inform us (ofinto ag, Bischofszellerstrasse 53, 9200 Gossau, Switzerland) by means of a clear statement (e.g. e-mail to info@ofinto.de) of your decision to withdraw from the contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

We inform you about the model withdrawal form according to the legal requirements as follows:

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if communicated on paper)

Date

(*) Delete as appropriate

Please use the original packaging for the return of the goods and accessories if possible, even if it has been damaged by opening it for functional testing.

If you withdraw from this contract, we will reimburse you all payments we have received from you, without undue delay and at the latest within 14 days from the day on which we received proof that the product was returned. This includes all delivery costs, except for additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us. For the 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 goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen 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 expiry of the period of fourteen days. For the return of your goods, ofinto will commission a forwarding agent or parcel service provider. This is the simplest and most cost-effective shipping option. You are not obliged to use this return procedure. If you do not use the forwarding agent or parcel service provider commissioned by us for the return of the goods, you will have to bear the costs for this return yourself. You will also bear the costs of the return if you wish to return more than one item.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal does not apply if commercial customers order several items.

8.1 Voluntary right of return: ofinto attaches great importance to the fact that the purchased products please the customers. ofinto therefore grants end consumers a voluntary extension of the right of return from 14 to 30 days. The voluntary right of return begins after the expiry of the statutory right of withdrawal (of 14 days) and runs for another 16 days.

The voluntary right of return only applies to new goods without signs of use that are returned with the original packaging, ofinto will refund the full purchase price. Customers may return any product in unused and 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, to exchange it or to issue a refund in the form of a voucher code. If the product was damaged during delivery / assembly, this must be reported immediately (see point 6). The voluntary right of return does not apply if commercial customers order several items.

8.2 Process for returns: The intended return must be entered and justified in the customer system in the order overview at the latest on the 30th day after ordering. The goods must be packed with the original packaging material and returned to their original condition. When contacted by the seller’s commissioned parcel service provider or forwarding agent, a collection date must be agreed with them. The goods must be handed over to the forwarding agent or parcel service provider commissioned by the seller, at the latest 14 days after the notification that you wish to make use of the voluntary right of return.

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

8.4 Refund: The return will be checked by ofinto upon receipt. If the claim is justified, a refund will be made to the customer’s defined account within 60 days for new products and timely notification and return (see point 7.2). For products that are no longer new, ofinto can alternatively make an exchange, a reduction or a refund in the form of a voucher code.

8.5 Exclusion: The voluntary right of return does not apply to multiple orders per customer or an order of multiple items. Custom-made products (e.g. regarding size or color) or products marked as final sale/promotion cannot be returned. Delivery and assembly fees will also not be refunded.

8.6 Unassignable returns: A refund can only be made if ofinto can clearly assign the return to an order. Returns that cannot be assigned to any customer will be kept by ofinto for six months. After that, the claim for a refund expires.

9.1 General term: ofinto relies on high-quality products that are built to last. Our furniture is manufactured to the highest standards and with the best materials. Nevertheless, something can always happen. That’s why ofinto offers a 5-year warranty that goes beyond the statutory warranty period.

9.2 Exceptions to the extended term: The following elements/products are excluded from the voluntary 5-year warranty. The statutory warranty of 2 years applies:

Upholstery and fabrics, such as seat and backrest covers of chairs; Table tops; Electrical components; Accessories and peripherals.

9.3 Start of the warranty: The warranty begins from the time of acceptance of the delivery or the physical collection of the goods. The warranty period continues regardless of the provision of any warranty services.

9.4 Service provision: ofinto can provide the warranty at its option by:

free repair (original warranty period continues on the entire product); partial and complete replacement by an equivalent used/repaired product; replacement by a new product; credit note; price reduction.

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

• Non-compliance with the instructions and notes in the product’s operating manual;
• Damage caused by improper installation, unless the installation was completed by ofinto or an installation partner authorized by ofinto;
• Damage caused by accident, transport or improper storage, adjustment or use;
• Damage caused by loading furniture over its weight capacity;
• Items that were exposed to an environment outside the intended use space ofinto for the product (e.g. storage or outdoor exposure);
• Damage caused by elemental events (e.g. water, fire, etc.), moisture, drop and impact;
• Neglected maintenance according to the operating manual and/or improper modification or repair of the products by the customer or a third party;
• Damage caused by incorrect cleaning methods or cleaning products;
• Damage caused by neglected maintenance, e.g. squeaking without oiling or loosening of screws without regular repeated tightening;
• Discoloration of materials due to stains, dirt, ink or dyes;
• Natural variations in the wood grain; Traces of normal wear and tear;
• Changes or discoloration of the surface color due to light / sun exposure or aging;
• Damage caused by writing instruments or sharp objects;
• Use of incompatible replacement or accessory parts (e.g. power supply);
• on items manufactured or marked by third parties, including computer monitors and keyboards;
• Consequential damage.

9.6 Wear parts: Wear parts such as batteries, rechargeable batteries, power cords, adapters, bulbs, etc. are excluded from the warranty. Otherwise, the liability exclusions (see point 9) apply.

10.1 Principle: Liability is governed by the applicable statutory provisions. However, ofinto is not liable in any case for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delay in delivery, and (v) any actions and omissions of ofinto’s auxiliary persons or commissioned service providers, whether contractual or non-contractual.

10.2 Exceptions: Furthermore, ofinto rejects liability in the presence of the following cases:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• use of incompatible replacement or accessory parts (e.g. power supply);
• neglected maintenance according to the operating manual and/or improper modification or repair of the products by the customer or a third party;
• force majeure, in particular elemental, moisture, drop and impact damage, etc., which are not attributable to ofinto, and official orders.

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

11.2 Payment options: The customer has the payment options available as payment methods in the online shop under “Payment options”.

11.3 Credit card: When paying by credit card or other instant payment methods, the charge is made at the time of ordering.

11.4 Advance payment: In case of advance payment, delivery will only take place after receipt of payment.

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

11.6 Default: If the customer does not fulfill his payment obligations in whole or in part, all outstanding amounts owed by the customer become due immediately and ofinto can demand them immediately and stop further deliveries of products to the customer. ofinto charges a compensation of EUR 50.00 for the 2nd reminder and a compensation of EUR 100.00 for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an effective annual interest rate of up to 15 % on the invoiced amount owed from the due date can be charged additionally. The company commissioned with the collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

The processing of personal data by ofinto is subject to the privacy policy (https://ofinto.co.uk/privacy-policy)

The invalidity and ineffectiveness of a provision does not affect the validity of the remaining part of the GTC. If individual provisions prove to be invalid or ineffective, they will be replaced by new valid provisions that correspond as closely as possible to the legal and economic 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, St. Gallen. However, ofinto ag is entitled to take legal action against the client at the latter's registered office or place of residence.

Gossau SG, 03.10.2023