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General terms and conditions
BOA Best Of All KLG
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Scope and General
These General Terms and Conditions (GTC) of BOA Best Of All KLG, Maiengasse 12, CH-4056 Basel (hereinafter "BOA Best Of All") apply to all business relations of BOA Best Of All with its customers.
BOA Best Of All offers home furnishings, especially home textiles, carpets, ceramics, tableware, decorative items, kitchen utensils, small furniture and lamps for sale and also provides home furnishing consultations. It owns and operates the website www.boabestofall.com for this purpose.
A customer is any natural person or legal entity that has a business relationship with BOA Best Of All.
These GTC apply exclusively. Conflicting, supplementary or deviating from these terms and conditions require the written confirmation by BOA Best Of All to be valid.
The customer confirms with the purchase of products and with the use of services of BOA Best Of All as well as with the use of www.boabestofall.com or with the conclusion of the contract to accept these GTC comprehensively.
For reasons of better readability, the masculine form is used in these GTC for personal designations and special nouns. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
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Information from BOA Best Of All
BOA Best Of All brochures and advertising material as well as the website www.boabestofall.com contain information about products and services.
Price and product range changes as well as technical changes are reserved. All information (product and service descriptions, illustrations, films and other information) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. BOA Best Of All makes every effort to provide all data and information correct, complete, current and clear, but BOA Best Of All can neither explicitly nor implicitly guarantee it.
BOA Best Of All cannot guarantee that all offered products will be available at the time of order and that all offered services can be provided. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
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Prices
The prices on www.boabestofall.com, on offers as well as on brochures and advertising material of BOA Best Of All are gross prices in the respective currency. The applicable value added tax is shown separately in each case.
Vouchers can be purchased in the online store of BOA Best Of All. Vouchers are valid for two years from the date of purchase.
Technical changes, errors and misprints are reserved, in particular BOA Best Of All can make price changes at any time and without notice.
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When purchasing products
Shipping and customs costs are, where not otherwise provided, charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process.
From an order value of CHF 150.—, shipping within Switzerland is free of charge.
A flat shipping rate will be charged for furniture.
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For home facility consultations.
Additional expenses for unforeseen services will be invoiced additionally at the respective current rates.
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Conclusion of Contract
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When purchasing products
The offers in brochures and advertising material and on www.boabestofall.com represent an invitation to order products. With the order and with successful payment, the purchase contract is concluded. BOA Best Of All then sends an order confirmation by e-mail, which confirms the conclusion of the contract.
If it turns out after the conclusion of the contract that the ordered products cannot be delivered or cannot be delivered completely, BOA Best Of All is entitled to withdraw from the entire contract or from a part of the contract. The payment already received by BOA Best Of All will be refunded accordingly. If no payment has been made yet, the customer will be released from the payment obligation accordingly. BOA Best Of All is not obligated to any replacement delivery and also not obligated to any compensation in case of a cancellation of the contract.
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For home facility consultations
The contract is concluded by the acceptance of the offer of BOA Best Of All and with payment by the customer. The contract is also concluded when the customer uses the services offered by BOA Best Of All.
If after the conclusion of the contract it turns out that the ordered service cannot be provided or cannot be provided completely, BOA Best Of All is entitled to withdraw from the entire contract or from a part of the contract. If the payment of the customer has already been received by BOA Best Of All, the payment for the not or not completely provided service will be refunded to the customer accordingly. If no payment has been made yet, the customer will be released from the obligation to pay. BOA Best Of All is not obligated to any compensation or damages in case of contract termination.
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Right of Withdrawal
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When purchasing products
The customer is granted a right of withdrawal during 14 days after receipt of the product. The deadline is considered met if the customer returns the product to BOA Best Of All with the enclosed delivery bill within 14 days after receipt. The customer can use the received withdrawal form for this purpose. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the product in its original packaging, unopened and complete with all accessories and together with the delivery bill. Returns to BOA Best Of All are at the expense of the customer and at the risk of BOA Best Of All. Any payment already made (including shipping costs) will be refunded within 14 days of receipt of the return.
BOA Best Of All reserves the right to claim reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
- if the contract has a random element, namely because the price is subject to fluctuations over which BOA Best Of All has no control;
- if the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly.
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For home facility consultations
The customer is granted a right of withdrawal for 14 days after ordering the service. The deadline is considered met if the customer of BOA Best Of All indicates the revocation in due time (by e-mail is sufficient). The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. Any payment already made will be refunded to the customer within 14 days.
The right of withdrawal expires if the service has already been partially or fully provided by BOA Best Of All.
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Payment Modalities
Payment is made by the means of payment indicated on the website.
Offsetting of the invoiced amount against any claim of the customer against BOA Best Of All is not permitted.
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Delivery, Duty to Inspect and Notice of Defects
Products
Deliveries are sent by e-mail or courier service to the address specified by the customer in the order. The deliveries are usually delivered within 3 to 5 working days. With the shipment, benefit and risk are transferred to the customer. Partial deliveries are possible and do not lead to any liability for damages on the part of BOA Best Of All.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, BOA Best Of All can dissolve the contract after a notice of complaint by e-mail to the customer and setting a reasonable time limit as well as charge the costs for the inconvenience.
The customer is obliged to inspect the delivered products immediately after receipt of the delivery and to report any defects, for which BOA Best Of All is liable, within 3 calendar days in writing by e-mail to BOA Best Of All.
Returns to BOA Best Of All are at the expense and risk of the customer. The customer must return the products to BOA Best Of All in their original packaging, complete with all accessories and together with the delivery bill and a description of the defects.
If the inspection by BOA Best Of All shows that the products have no detectable defects or that they are not covered by the manufacturer's warranty, BOA Best Of All may charge the customer for the effort, return or possible disposal.
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Duties of BOA Best Of All
Home Furnishings Consultations
Unless otherwise agreed, BOA Best Of All fulfills its obligation by providing the agreed service. Part of the services of BOA Best Of All may be provided online. For all other services the registered office of BOA Best Of All is considered the place of performance, unless otherwise agreed.
BOA Best Of All has the explicit right to call in auxiliary persons for the execution of its contractual duties.
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Obligations of the Customer
Home Furnishings Consultations
The customer is obliged to make all arrangements necessary for the provision of the service by BOA Best Of All immediately. The customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent.
Furthermore, the customer is obliged to cooperate comprehensively and promptly.
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Postponement and Non-Participation
Home Furnishings Consultations
If the customer is prevented from attending, he/she must cancel the appointment in advance in writing (by e-mail).
Appointment cancellation or postponement by the customer up to 24 hours before the appointment free of charge possible. For cancellations within 24 hours before the appointment or for unexcused absence, 100% of the cost of the reserved time is owed.
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Warranty
a) For products
BOA Best Of All delivers products in perfect quality. Deviations in structure and color are unavoidable with certain materials (textiles, wood, ceramics, etc.) compared to the specifications and therefore do not entitle to complaints or warranty claims. No guarantee can be given for the light fastness of wood and certain textile fabrics. The warranty is excluded for damages that are due to normal wear and tear or improper use or other fault of the buyer. Furthermore, the warranty is excluded if the customer or third parties have made repairs or changes to the goods themselves.
BOA disclaims any liability for damage caused by the use of the product to the building structure (e.g. floor, walls) or to the furniture of the buyer. The buyer has to make sure before use that no damage can be caused by the product.
In the event of defects notified in time, BOA Best Of All warrants the products purchased by the customer to be free of defects and functional for a warranty period of two years from the date of delivery. If the warranty period of the manufacturer is longer, the warranty obligation is based on the manufacturer's specifications. It is in the discretion of BOA Best Of All to provide the warranty by free repair, equivalent replacement or by refund of the purchase price. Further claims of the customer are excluded.
In the implementation of customer requests that deviate from the recommendations of BOA Best Of All, any warranty is excluded.
b) For home facility consultations
BOA Best Of All is liable in the sense of Art. 398 Abs. 2 OR for faithful and careful execution of the service ordered from it.
BOA Best Of All performs home furnishings consultations according to the best and most current expertise.
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Liability
BOA Best Of All excludes any liability, regardless of its legal basis, as well as claims for damages against BOA Best Of All and any auxiliary persons and vicarious agents. BOA Best Of All is in particular not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer or third parties. BOA Best Of All is also not liable for treatments which customers carry out themselves on or with third parties after having received training. Any further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
BOA Best Of All uses hyperlinks on www.boabestofall.com only for the simplified access of the customer to other web offers. BOA Best Of All can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.
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Intellectual Property Rights
BOA Best Of All is entitled to all rights to consulting documents as well as to any trademarks or is authorized to use them by the owner.
Neither these General Terms and Conditions nor the associated individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly mentioned.
Furthermore, any reuse, publication and making available of information, images, texts or anything else that the customer receives in connection with the service of BOA Best Of All is prohibited, unless it is explicitly authorized by BOA Best Of All.
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Data Protection
The protection of our customers' personal data is important to us. We take the issue of data protection seriously and pay attention to appropriate security. We process and maintain personal data in accordance with the provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (FADP), the Telecommunications Act (TCA) and, where applicable, other provisions under data protection law, in particular the General Data Protection Regulation of the European Union (GDPR).
The customer agrees that BOA Best Of All may use his data to carry out advertising activities (online or print), in particular to send him information about offers.
The customer has the option to object to these advertising purposes at any time by notifying BOA Best Of All.
In all other respects, reference is made to the privacy policy of BOA Best Of All, which can be viewed at www.boabestofall.com.
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Further Provisions
Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
The place of jurisdiction is Basel, unless the law provides for mandatory places of jurisdiction.
Basel, June 15, 2022