GTC

I General information

a) Our sales, deliveries and services are based exclusively on our General Terms and Conditions. Deviating agreements, in particular conflicting terms and conditions, require our written consent. Our deliveries are made at the price valid on the day of the order confirmation, by advance payment and subject to retention of title until full payment of the final invoice amount. Our prices are gross prices including statutory VAT.
b) If our terms and conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.
c) The written form requirement is also met by e-mail.

II Delivery

a) All our offers are subject to change. We accept no liability for errors or misprints.
b) Orders are binding for us as soon as we have booked receipt of payment and when invoices have been issued or goods have been delivered.
c) On delivery, we are entitled to adjust the order quantities to our standardised packaging contents and to make partial deliveries.
d) If the buyer does not accept the goods despite an existing agreement, we are entitled to set a grace period of 7 days in writing and to withdraw from the contract or to demand compensation for non-fulfilment after the deadline has expired without result. If delivery dates are agreed, these are binding for both parties. If the buyer is unable to meet the deadline at short notice and does not notify us of the non-compliance at least 72 hours before the agreed deadline, we shall be entitled to charge CHF 190.00 per cancellation for the associated loss. The buyer is authorised to prove that we have suffered less damage or no damage at all.
e) The agreements made by e-mail shall apply to delivery dates. Requested delivery dates cannot be recognised
f) Certain cases of force majeure such as strikes, lockouts, official measures, war, etc. shall release us from the obligation to deliver on the agreed date or extend the delivery period for the duration of the delay. This also applies if the buyer does not fulfil any obligations to cooperate.
g) 180 nights trial sleep: If you buy a waterbed from us, we will give you the opportunity to try out the soothing levels for 180 nights. This period begins on the day of installation. You can take advantage of our trial sleep promise up to 180 days after delivery by bellvita. Simply contact us via our free hotline: 0800 22 66 99. If the exchange is to be carried out by bellvita, delivery and assembly costs will be charged.
h) In order to make use of the assembly service, access by lorry to the specified delivery address must be ensured. Furthermore, the route to the place of use or assembly must be possible without major effort

III Retention of title

a) All our goods are delivered subject to retention of title. They shall remain our property until the purchaser has paid in full all claims, including future claims, arising from any business relationship.
b) The resale of our goods before they have been paid for in full is prohibited. In the event that the resale does take place, the purchaser assigns to us by way of security his claims from each resale with all ancillary rights as soon as the purchase contract is concluded.
c) The purchaser must inform us immediately of any enforcement measures by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods.

IV Prices and payments

a) Our deliveries shall be made at the price list valid on the day of order confirmation, by advance payment and subject to retention of title until full payment of the final invoice amount.
b) Our invoices are due for payment immediately from the invoice date without deduction. In principle, the goods shall not be deemed to have been paid for until we have received payment. In the event of late payment, we shall charge default interest of 8% plus a processing fee of CHF 39.00
c) Payments must be made free of postage and charges. Only persons authorised by us in writing are entitled to collect payments.
d) In the event of the initiation of legal dunning proceedings, the filing of a lawsuit, a deterioration in the Buyer's assets and after a reminder in the event of default of payment with regard to individual invoices, all current invoices shall become due immediately.
e) The Buyer may only offset against our claims with an undisputed or legally established claim.

V Non-timely delivery

a) If an agreed delivery date is exceeded by more than 14 days, the buyer shall be entitled to set us two grace periods of 14 days each.
b) The buyer has the right to withdraw from the contract if we have not delivered by the end of the last grace period.
c) The right of cancellation does not exist if we are unable to meet the delivery deadline through no fault of our own.

VI Warranty

a) If the buyer is a consumer, we shall be liable in the event of a defect in accordance with the statutory provisions, provided that no restrictions result from the following.
b) If the customer is an entrepreneur, we reserve the right to choose the type of subsequent fulfilment in the event of a defect.
c) If the customer is a consumer, the limitation period for claims for defects is two years for the delivery of new goods and one year for the delivery of used goods. The period begins with the transfer of risk, i.e. receipt of the goods. This does not apply to claims for damages due to defects. For claims for damages due to a defect, point VIII applies.
d) If the customer is an entrepreneur, the warranty period is always one year. The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected. This does not apply to claims for damages due to defects. Point VIII applies to claims for damages due to a defect.

VII Guarantees

Irrespective of the statutory warranty described under point VI, we provide a further guarantee of 5 years from the date of delivery under the following conditions: The guarantee period for the water mattress and the safety tray is 5 years and is limited to the proper processing of the weld seams. The prerequisite for this is that the waterbed is installed in accordance with the installation instructions. After expiry of the statutory warranty period (point VI), the exchange will only be made in products of the same type, but not in monetary amounts. The basis for the exchange is the original invoice. The warranty only covers the provision of the replacement material, but no other costs (e.g. delivery costs, labour costs and similar). For material or production defects, this extended warranty only applies if the original warranty certificate of the product is present. In the event of leaks, only defects resulting from faulty welding are covered by the guarantee.

Exclusion of warranty:
This guarantee can only be granted if the waterbed is properly cared for. Therefore, the bellvita vinyl cleaner must be used exclusively for external care. The warranty claim for damage to the external components is excluded if the water mattress is cleaned with a vinyl cleaner other than the one mentioned above. The buyer must prove that he has filled one bottle (250ml) of bellvita water conditioner per water core within one year. Since the use of water conditioners from other manufacturers can lead to damage to the water core, the warranty claim cannot be asserted if a water conditioner other than the recommended water conditioner is used or not used.
Furthermore, the assertion of warranty claims is excluded if the waterbed is not dismantled and reassembled by specialised personnel (e.g. when moving house).
The same applies if the waterbed is not sufficiently heated (at least 24° C) or if a heating element other than the one supplied is used.
Excessive air formation is excluded from the warranty.
The statutory warranty claims and the relevant General Terms and Conditions of Business in accordance with Section VI shall remain unaffected by the assertion of the guarantee and the exclusions specified here. In order to assert a warranty claim, the buyer must prove that the aforementioned requirements have been met. Please keep your invoice, as this is your document of proof for warranty claims. For recognisable and hidden defects or for the absence of warranted characteristics for the articles supplied by us, we provide a warranty under this guarantee exclusively in such a way that we rectify the defect free of charge or deliver defect-free goods or withdraw from the contract. Further claims by the purchaser due to defects or the absence of warranted characteristics are excluded, unless it can be proven that our suppliers acted with intent or gross negligence.
In the case of recognisable defects, notification of defects must be made in writing within 8 days of receipt of the goods at the latest, in the case of hidden defects within 8 days of discovery of the defect. If this deadline is not met, warranty claims can no longer be asserted. Our liability is in any case limited to the invoice amount of the defective items delivered by us.
Further claims for damages under this guarantee, including consequential damages, are excluded.

Please keep your invoice, as this is your document of proof for warranty claims. For recognisable and hidden defects or for the absence of warranted characteristics for the articles supplied by us, we provide a warranty within the scope of this guarantee exclusively in such a way that we rectify the defect free of charge or deliver defect-free goods or withdraw from the contract. Further claims by the purchaser due to defects or the absence of warranted characteristics are excluded, unless it can be proven that our suppliers acted with intent or gross negligence.

In the case of recognisable defects, notification of defects must be made in writing within 8 days of receipt of the goods at the latest, in the case of hidden defects within 8 days of discovery of the defect. If this deadline is not met, warranty claims can no longer be asserted. Our liability shall in any case be limited to the invoice amount of the defective items delivered by us.

Further claims for damages under this guarantee, including consequential damages, are excluded.

VIII Liability for damages

a) Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This shall not apply in the event of injury to life, body and health of the Buyer, claims for breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardises the achievement of the purpose of the contract and compensation for damage caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of culpability.
b) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
c) Insofar as liability for damages that are not based on injury to life, limb or health of the buyer is not excluded for slight negligence, such claims shall become time-barred within one year of the claim arising.
d) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

IX Data protection

a) Your personal data will be stored in machine-readable form and treated confidentially in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG) and collected exclusively for the purpose of your enquiry.
b) Your data will only be processed and used in connection with the enquiry/order insofar as this is necessary for proper business processing and information.
c) Your personal data will not be passed on to third parties.
d) There is no further utilisation.

X Place of fulfilment and jurisdiction

The place of fulfilment and jurisdiction is Basel Landschaft, insofar as this can be agreed.

Legal information of the provider

Carsten Draheim (Managing Director)
bellvita Vertrieb GmbH
Hauptstrasse 43
CH 4417 Ziefen

+41 (0) 61 6 83 09 77
E-mail: info(at)bellvita.ch

HRB CH-270.4.002.582-3 Canton Basel Landschaft Switzerland