Order confirmation and general terms and conditions
finestdecor GmbH,
Stöckenweg 5, 6043 Adligenswil
General Terms and Conditions of Business
finestdecor GmbH (hereinafter: fd)
I. General provisions
1. scope of application:
These terms and conditions apply to all agreements concluded by fd regarding events, rentals and decorations.
2. conclusion of contract
fd shall provide the customer with a written offer or order confirmation for events, rentals and decorations. As soon as the customer's verbal or written confirmation of fd's offer has been received, the contract is deemed to have been concluded.
3. Cancellation by the customer
If the contract is cancelled by the customer, the customer shall in any case be liable for the services and expenses already incurred by fd. Agreed special services will also be invoiced in any case. The further claims of fd in the event of cancellation by the customer shall be governed by the provisions of clause 10.
4. termination by fd
If fd has reason to believe that the event jeopardises the smooth running of the business, safety and/or its reputation, fd shall be entitled to terminate the contract at any time without compensation.
5. prices
The prices are based on the separate tariffs of fd. The prices are quoted in Swiss francs. Prices may be changed at any time, whereby the quotations issued by fd shall remain valid for six months from the date of issue.
6. terms of payment
The quotations / invoices issued by fd shall be itemised in detail and payable as follows:
50% of the amount of the quotation as a down payment up to a maximum of 30 days after conclusion of the contract. Adjustments to the quotation or the mood board will only be made after receipt of the down payment. The remaining 50% of the offer amount up to a maximum of 10 days before the date of the event. The final invoice/subsequent invoice must be paid no later than 30 days after invoicing.
After the event has taken place, fd will issue a final invoice. The final invoice may be in favour of both contracting parties and must be paid within the specified period. In the event of non-payment of the deposit within the set period, fd shall be entitled to cancel the contract.
7. Liability
The liability of fd is in all cases limited to intent and gross negligence. fd is in no case liable for consequential damages. The special liability provisions pursuant to clause 11 remain reserved.
II. decorations and events / weddings
8. Number of participants and invoicing
The customer must inform fd of the exact number of participants no later than five full working days before the agreed date of the event. The number of participants shall be binding and decisive for invoicing. If there are more participants, the invoice amount shall be increased accordingly. If there are fewer participants, the number of participants originally stated shall remain binding for invoicing purposes.
9. Graphic work
Texts for graphic work (e.g. table arrangements, name badges, welcome sign etc.) commissioned to fd by the customer must be sent as a Word or Excel file and will be adopted 1:1. There will be no proofreading by fd.
The files must be sent to fd at least 8 weeks before the event/before the wedding. A first draft from fd will follow approx. 6 weeks before the event/wedding. The good for printing from the customer's side is binding, for changes or short-term adjustments up to 2 weeks before the event/wedding at the latest, a change fee of CHF 250.00 will be charged.
10. Cancellation of the event by the customer
If an event is cancelled after conclusion of the contract (see 1.2.), the third party costs incurred (e.g. entertainment programme, graphic and technical work, ordering of goods, etc.) including cancellation fees shall be charged to the customer. ) including cancellation fees shall be paid in full by the customer. In addition, the following costs shall be incurred by fd:
From conclusion of the contract: 100% of the deposit
Up to 30 days before the agreed date: 25% of the remaining amount of the offer
29 to 15 days before the agreed date: 50% of the remaining amount of the offer
From 14 days before the agreed date: 100% of the remaining amount of the offer
11. Liability
All liability claims for personal injury, theft or damage to objects brought along, as well as all other claims for compensation by the customer against fd are excluded from the scope described in section 7. The customer shall be liable for all soiling, damage and loss of any kind caused wilfully or negligently.
12. photos & video
fd is permitted to take photos and videos of the decoration of weddings and events and to use these for its own advertising purposes. Furthermore, fd is authorised to request photographic material from photographers and videographers and to use this for its own advertising purposes. The client may prohibit this right at any time.
III. Rentals
13. contract amendment - adjustment
The customer may amend the order up to 1 month before the delivery date; the date is stated on the order confirmation. There are no limits if the order volume is increased. If the order is reduced, a maximum of 15% of the order volume may be reduced. The rental period is specified in the order confirmation. A change fee of CHF 250.00 will be charged if the order is changed 1 month or more before the delivery date.
14. Rental
The rental of premises or decoration material shall be governed by the provisions of the Swiss Code of Obligations, unless otherwise agreed below.
15. Liability
The customer shall also be liable for damage caused by slight negligence to the rented property and to the inventory and furnishings of the rented property, as well as for any damage resulting from use contrary to the purpose and contract.
16. Cleaning
The cleaning of the rental items is included in the price (unless otherwise agreed). We reserve the right to charge separately for above-average soiling.
17. condition of material
The rented equipment is mostly used items, but can be inspected beforehand on request. Complaints must be made immediately upon receipt of the goods. Missing material must be noted on delivery.
18. return of goods
Delivered items must be returned in the condition in which they were delivered (without cleaning, unless otherwise agreed).
The return date must be adhered to and delays due to force majeure must be reported to us immediately.
19. Repairs, damage, loss
Damage caused by the customer shall be charged to the customer. In the case of minor damage, the repair will be charged at actual cost. Lost or defective, destroyed material that can no longer be repaired (this also applies to items that can no longer be cleaned) will be charged at the new price. New prices can be requested at any time. After acceptance of the material by the customer (delivery note), the customer is liable for all damage and loss.
20. Ownership
The material supplied by us remains our property and may not be sold, mortgaged or pledged. The material is not insured against theft.
IV. Final provisions
21. Applicable law
The legal relationship between the customer and fd shall be governed by Swiss law.
22. place of jurisdiction
The place of jurisdiction for any disputes between the customer and fd is Lucerne. However, fd also has the right to sue the customer at the ordinary place of jurisdiction.
The customer has read the General Terms and Conditions of fd and declares that he agrees to the General Terms and Conditions of fd.