Terms Mexia Design GmbH

1. Scope of the Terms and contract

1.1 These Terms and Conditions (GTC) apply to all purchase agreements (incl. Online
Store, by phone, fax, email or letter) concluded between the Mexia Design GmbH and
private and business customers.

1.2 These terms and conditions apply to the contractual partner, even if no explicit reference
is made.

1.3 Everything that has been created in connection with an order by Mexia design (for
example: cost proposals and drawings) shall remain at the property of the seller, and are
protected by copyright. They may not be disclosed to a third party or reproduced without
the written agreement.

1.4 Mexia Design reserves the right to change these terms and conditions. In this case the
terms and conditions at the time of order apply.

1.5 Purchase agreements relating used and exhibition goods are also part of these terms
and conditions, but excluding all claims of the buyer on delivery rates, service rates,
cancellation and return policy, warranty of merchantability and warranty and Payment
(subject to separate terms).

1.6 Distance purchases are only possible for customers residing in Switzerland. However,
requests from individuals or companies from abroad will be gratefully received. In this case,
the Seller decides whether a delivery abroad is possible and which point of these Terms and
Conditions (for example delivery rates) change.

1.7 Mexia Design Switzerland GmbH is not obliged to accept orders, if the customer has
arrears from previous purchases or loaded with debt enforcement legal measures.

1.8 In the distance business, it is up to the customer to register with www.mexiadesign.ch or
to place an order without registering. In any case, the customer is obliged to provide truthful
information. Mexia Design Switzerland GmbH reserves the right to delete account
information at any time without notice for any reason or to terminate a user name and
password. For damage or unauthorized access, which was caused due to the use of unsafe
or insecure passwords as well as due to negligence on the part of the customer, Mexia
Design Switzerland GmbH assumes no liability.

1.9 All offers and quotations of the supplier are non-binding.

2. Prices

2.1 Prices are given in CHF. VAT and handling charges are included. Shipping costs are
normally included. Special rates and special discounts on new goods will be specifically

2.2 Mexia Design Switzerland GmbH reserves the right to adjust prices at any time. For
customers apply the confirmed prices at the time of order.

2.3 Subsequent Discounts after completing the order or the receipt of order confirmation are
not provided, unless this has been agreed in advance.

3. Shipping

3.1 The shipping costs are generally included in the sale price. Mexia Design reserves the
right to charge shipping costs at any time.
For deliveries to car-free cities may arise extra cost. These are specifically agreed at the time
of sale.

3.3 For any orders with shipping addresses outside Switzerland apply special conditions.
Staff at Mexia design can also create a quote.

4. Delivery and collection conditions, transfer of benefits and risk

4.1 Delivery dates can only be specified without obligation usually the delivery date may
change under certain circumstances. Delivery delay is not entitled to rescind the contract or
to claims for damages of any kind. If longer delivery time or changed of delivery date is
necessary, the customer will be informed on time by Mexia Design Switzerland GmbH.

4.2 If the goods in our online shop are available in storage, it is deemed in stock and
delivery is usually within 4 to 8 weeks, if the ordered amount does not exceed the stock. If
the goods are not in stock or are adapted to customer requirements, Mexia design informs
the customer directly about the delivery dates (available on the Internet in products or details
on request). Furthermore, the provisions set out in 3.1 shall apply.

4.3 About the ultimate mode of transport (postal delivery or delivery by truck) is decided by
the dispatcher at Mexia Design Switzerland GmbH, regardless of the confirmed shipping

4.4 Should the purchase contract include multiple items, the delivery or shipping will take
place as soon as the order is complete and ready for delivery. Mexia Design Switzerland
GmbH is only obliged to make partial deliveries if this has been agreed in advance with the

4.5 If the client agreed for pickup, he will be informed as soon as the goods arrive at the
specified location. If the client fails to pick up despite warnings, Mexia Design Switzerland
GmbH may withdraw from the sales contract after two months from arrival of the goods
without any further information and use the goods elsewhere or return them to the supplier.
In this case, Mexia Design Switzerland GmbH reserves the right to charge resulting activities
and costs.

4.6 The transition of benefits and risks of our product takes place:

  • After transfer to deliver or shipping (delivery or mailing)
  • At the handover to the customer (pickup directly from stock or)

In used- and exhibition goods the benefit and risk pass over to the customer at time of

Mexia Design Switzerland GmbH is responsible for ensuring that the packaging can
withstand the normal conditions of transport. However, any liability for damage caused by
improper handling by third parties will be declined.

4.7 After conclusion of the contract, the supplier has the option to undo the written or oral
order of the customer within 14 days if the goods ordered by the customer are sold out or
defective in stock. The supplier does not charge for cancellation.

4.8 Disposal of the packaging material is at the expense of the buyer.

4.9 Inadequate or incomplete deliveries must be reported within 8 working days after
receiving the delivery. Otherwise, the delivery shall be deemed accepted.

5. Withdrawal

5.1 The Customer may withdraw from the purchase contract within 7 days without giving
any reason and without penalty. Payments already made will be refunded by Mexia Design
Switzerland GmbH.

5.2 Explicitly excluded from the right of withdrawal are custom-made products. Mexia
Design Switzerland GmbH reserves the right to charge the costs incurred, in the event of a

5.3 If the goods were already delivered within this period, the goods must be returned at
your own cost in the original packaging in perfect and unused condition. In addition, Mexia
design can charge a compensation for the accrued transportation costs.

5.4 If a customer withdraws from the purchase due to defects for which Mexia Design is
responsible, Mexia design refunds the amount already paid. Late deliveries that were
inflicted by suppliers or other third parties do not give the right for withdraw (see 4.1).

6. Liability and Warranty

6.1 Products are guaranteed for two years as of the date of delivery on construction and
material defects that are not caused by normal use.

6.2 Since all products and custom made items are handmade, there are differences in
structure, color and dimensions for certain materials (wood, stone) which are not
preventable and do therefore generally not qualify for complaints or warranty claims.

6.3 The warranty does not cover damage caused by misuse or improper procedures or
caused by wear and tear, aging and improper handling. The warranty is void if products
were processed or changed by the buyer despite visible defects or if the installation, user
and maintenance requirements have not been met.

6.4 Exclusion of warranty occurs also when unauthorized accessories or spare parts are

6.5 The Buyer shall inspect the goods as soon as possible. Complaints must be made within
8 days of receipt of goods. Defects which are detected later, during the warranty period,
are to be reported immediately, and no later than three days after their discovery.

6.6 Defects under warranty will be corrected free of charge by Mexia Design Switzerland
GmbH, if Mexia Design Switzerland GmbH does not choose to provide replacement of
defective merchandise. Other claims and or reduction by the buyer are impossible.

6.7 For damages to building materials (eg soil, walls) or at the buyer’s furniture caused by
the use of the goods, Mexia Design Switzerland GmbH declines any liability, unless there is
a design flaw in accordance with Clause 6.1. The buyer must ensure, prior to use, that the
product cannot cause damage. If there is doubt concerning the safe and proper use of the
product, experts from Mexia Design Switzerland GmbH are at your disposal.

6.8 Any supplementary warranties as well as liability for injury or damage, to the extent
permitted by law, excluded.

6.9 If a product has to be replaced due to damage or guarantee, it may always differ from
the original one. In particular color and structural differences in wood and stone,
measurements (up to 10cm) and others. This is no reason for the buyer to require
impairment, discounts or other remuneration in any way.

6.10 If a product has to be replaced by damage or guarantee, Mexia Design reserves
longer delivery times, if a product needs to be specially made or delivered.

7. Payment

7.1 In principle, prepayment, invoice payment and payment through the online gateway
Paypal (Mastercard, Visa, American Express) are possible.
If no alternative payment period for bills and prepayment is specified or payment death line
is nowhere visible, a payment period of 10 days applies.

7.2 On the basis of the right of withdrawal in accordance with Section 1.4 Mexia Design
Switzerland GmbH is entitled, under certain circumstances, to insist on an advance or
payment on account, even if the payment method “Invoice” had been set upon completion
of the purchase contract.

7.3 Failure to comply with the agreed payment period the customer is in debt without further
notice. Mexia Design Switzerland GmbH reserves the right to take legal action procedures
after a written request and to recover costs incurred for reminder, debt collection, including
5% interest.

7.4 Ownership of the goods stays with the seller until full payment. Mexia Design
Switzerland GmbH is entitled to make a corresponding entry in the title register in arrears.

8. Liability for Online Connections

8.1 Mexia Design Switzerland GmbH is committed to ensure security and to follow the rules
of data protection in systems, programs, etc., which belong to him and which he has

8.2 The customer should keep passwords user names secret to third parties in their own
interest. For abuse or negligent handling Mexia Design Switzerland Ltd. disclaims all

8.3 Mexia Design Switzerland GmbH is not liable for defects and malfunctions that it is not
responsible for or which are caused by force majeure or unlawful actions of third parties,
especially not for safety deficiencies and operational failures of third party companies with
which it works or from which it depends.

9. Intellectual Property

9.1 All rights to the site of Mexia Design Switzerland GmbH as well as to the information
and specifications shown are subject to the full extent of Mexia Design Switzerland GmbH
and authorized third parties.

9.2. Any use shall be limited exclusively to their own personal or internal business purposes
of the company of the visitor. On the other hand, any commercial use and exploitation of
the website and the information and data reproduced thereon is illegal.

10. Limitation of Liability

10.1 Any liability of the supplier for himself and his assistants for late or defective
performance, especially for consequential or other damages, as well as for product liability
to the extent permitted by law, excluded.

11. Application of law and jurisdiction

11.1. For these Conditions of Swiss law applies (in particular the provisions of OR), to the
exclusion of the CISG and the conflict rules of private international law.

11.2. Jurisdiction is the legal seat of Mexia Design GmbH Switzerland (Bern). However, the
supplier is entitled to sue the customer in any other court of competent jurisdiction within the
country or abroad.