Terms of service
General Terms & Conditions of Sale and Delivery of Outdoorchef (“Terms & Conditions”)
Outdoorchef AG, Eggbühlstrasse 28, PO Box, 8050 Zurich, Switzerland (hereinafter “OUTDOORCHEF”) develops and produces barbecues, accessories and spare parts (hereinafter the “Product” or “Products”) and sells them to customers in Switzerland and Liechtenstein. These Terms & Conditions apply to the purchase contracts concluded between OUTDOORCHEF and its customers and apply as of 1 January 2018. They replace all preceding versions.
Any general terms & conditions of business or purchasing of the customer shall apply only if they have been expressly confirmed in writing by OUTDOORCHEF.
OUTDOORCHEF may make changes to these Terms & Conditions at any time. The changes shall be made known to customers by email or in another appropriate way (online).
2. ORDER AND CONFIRMATION
2.1 The Products are ordered by customers from OUTDOORCHEF in writing, electronically or by phone.
By placing an order, the customer agrees to these Terms & Conditions. The order constitutes an offer on the part of the customer to OUTDOORCHEF. OUTDOORCHEF shall confirm receipt of the offer, but this does not constitute acceptance of said offer. OUTDOORCHEF shall verify whether the Product is available. If it is available, the Product shall be sent to the customer. Sending the Product constitutes acceptance of the customer’s offer on the part of OUTDOORCHEF.
Orders placed are binding on customers until they are rejected by OUTDOORCHEF. Unless specified otherwise, the customer has no right of return or withdrawal.
Any deviations in the confirmation sent by OUTDOORCHEF from the customer’s order shall be reported by the customer immediately, at the latest within 2 working days of receipt of the OUTDOORCHEF confirmation. If the customer fails to make such a report or is delayed in doing so, the conditions in the OUTDOORCHEF confirmation shall be deemed to have been accepted by the customer.
2.2 ORDER AND CONFIRMATION FOR CONSUMER E-SHOP (B2C)
The customer makes a selection from the OUTDOORCHEF online shop and makes OUTDOORCHEF an offer for the selected Product by submitting an order.
The Products listed in the OUTDOORCHEF online shop and their illustrations, details and descriptions of dimensions are non-binding and may occasionally differ from the actual Product.
3. DELIVERY AND SERVICE
The customer acknowledges that the delivery dates specified by OUTDOORCHEF are non-binding; OUTDOORCHEF expressly reserves the right to change delivery dates.
3.1 PART DELIVERIES
OUTDOORCHEF expressly reserves the right to make part deliveries and to bill for them, unless agreed otherwise with the customer.
3.2 TRANSPORT COSTS / DAMAGE
in addition to the prices specified, OUTDOORCHEF shall charge for the costs of packaging and shipping, any additional costs for special treatments and any optional extras in pre-assembly and delivery. These costs shall be indicated to the customer openly and billed for separately.
In any case, the customer shall bear the risk of delivery. OUTDOORCHEF cannot accept liability for delivery damage, in particular for transport damage, because packaging is missing or inadequate or because the choice of means of transport is incorrect. Warranty claims for delivery damage, such as that caused by missing or inadequate packaging, are also excluded.
OUTDOORCHEF accepts returns only of incorrect deliveries and brand new Products in undamaged original packaging and without stickers (e.g. showing prices). Return or exchange of Products is possible only within 10 days of receipt by the customer or by special agreement and only following approval from the OUTDOORCHEF sales department. That approval shall take the form of issuance of a return order number by OUTDOORCHEF. The return order number must appear on all documents (e.g. delivery notes) provided by the customer. Any costs for checks, damaged packaging, etc. shall be deducted from the credit note issued to the customer.
If the customer fails to observe these provisions, OUTDOORCHEF is entitled to return the Products without postage to the customer, to refuse to accept delivery or to charge expenses of a minimum of CHF 50.00 or a maximum of 10% of the invoice amount.
3.4 TRANSFER OF USE AND RISK
Use of and risk associated with the Products shall be transferred to the customer at the latest on release for shipping by OUTDOORCHEF.
3.5 RIGHT OF WITHDRAWAL OF OUTDOORCHEF
Until payment of the purchase price has been made by the customer, OUTDOORCHEF is entitled to withdraw from contracts without penalty, insofar as facts come to light to suggest that the customer is not creditworthy. Assessment of the creditworthiness of the customer is entirely at the discretion of OUTDOORCHEF.
3.6 RETENTION OF TITLE
OUTDOORCHEF shall retain title to the delivered goods until the customer has made full payment as per contract.
OUTDOORCHEF is entitled to make a corresponding entry in the register of retention of title. Before transfer of title, pledging, transfer by way of security, processing and remodelling are not permitted without the express consent of OUTDOORCHEF.
4. PURCHASE PRICES
OUTDOORCHEF sells the Products at the prices and under the conditions specified on the relevant price lists (plus statutory VAT and prepaid recycling fee); however, OUTDOORCHEF reserves the right to make changes to prices and models at all times. All price details include statutory Value Added Tax and any prepaid recycling fees.
5. PAYMENT TERMS
Payment can be made either by credit card or by other methods of payment accepted by OUTDOORCHEF. Payment is made on completion of the order.
If the “Payment on account” option is available, the following regulations apply: The customer must pay for the Products supplied within 30 days of the date of invoice. The customer is not entitled to make part payments, nor to withhold payments because of complaints. Furthermore, the customer is not permitted to offset any counterclaims.
OUTDOORCHEF reserves the right to adjust the payment terms at any time.
OUTDOORCHEF is entitled to charge a reminder fee of CHF 50.00.
6. DEFAULT OF PAYMENT
On expiry of the payment period of 30 days or other agreed payment period without payment having been made, the customer is in default without further notification. In the event of default of payment, default interest of 5% per year may be charged.
In the event of default of payment, OUTDOORCHEF is entitled to demand payment in advance for subsequent orders and deliveries that have not been completed until receipt of the outstanding payment(s).
7. WARRANTY AND GUARANTEE
The following terms of warranty and guarantee apply only if OUTDOORCHEF has not made a different agreement in writing with the customer outside these Terms & Conditions.
OUTDOORCHEF provides the customer with a warranty only covering the absence of defects in the Products within the meaning of Art. 197 of the Swiss Code of Obligations. OUTDOORCHEF shall only be liable for product characteristics specified by the customer in the context of his order if OUTDOORCHEF has expressly warranted them in writing.
Cancellation of contract and reduction in price are excluded; only the provisions of 7.2 shall apply.
Similarly, any claims for compensation by the customer are excluded within the legally permitted framework.
The term of the guarantee and DOA provisions (definition below) for the individual Products are communicated on the OUTDOORCHEF website at www.outdoorchef.com or can be requested from OUTDOORCHEF at any time by telephone.
Guarantee claims must be asserted by the customer to OUTDOORCHEF in writing immediately after their discovery, but within 2 months at the latest, by sending the guarantee card or proof of purchase. After expiry of the period of 2 months (complaint period), all guarantee claims against OUTDOORCHEF are excluded. For obvious, recognisable and outstanding defects, this complaint period begins with receipt of the Product. The customer is obliged to check the Product for defects immediately after receipt. In the case of hidden defects, the period for giving notice of defects shall commence upon discovery of the defect.
If the Product was purchased in a non-functional state, i.e. cannot be put into operation after purchase (Dead on Arrival, "DOA"), the customer must return it to OUTDOORCHEF within 10 working days from the date of purchase, showing the relevant guarantee card or proof of purchase. The Product will be replaced for the customer with an equivalent or comparable model from OUTDOORCHEF. After the expiration of the period of 10 days from the date of purchase, no exchange will be made, but a repair will be carried out. Brands and Products for which the DOA provisions are excluded are excepted from this.
Guarantee cases and scope
The guarantee is valid from the date of purchase and is granted in the following cases, provided that there is no exclusion:
- 12 years on stainless steel burners*
- 12 years on all stainless steel parts*
- 12 years on die-cast aluminium parts*
- 12 years on stainless steel grills*
- 12 years on ceramic burners*
- 5 years on the enamelled sphere (base and lid)*
- 5 years on enamelled cast iron grate*
- Enamelling defects only before first use
- 2 years on all remaining manufacturing / material defects
*only valid in case of rusting/burning through for the models Davos, Arosa, Lugano Evo, Dualchef.
From the 6th to the 12th year 50% on spare parts costs for the enamelled sphere / cast iron grate (excluding transport costs).
Irregularities that are insignificant with respect to the functionality, colour differences in the enamelling or minor faults such as production-related contact points on the lower edge of the lid or on the suspensions are not considered to be defects. Reasonable technical and design deviations from the details in brochures, catalogues and written documents and changes in models, designs and materials in the context of technical progress and further development do not constitute a defect either in fulfilment or the Product.
In the event of a guarantee claim, OUTDOORCHEF may, at its sole discretion and choice, repair or replace the damaged or defective parts or replace the Product altogether. In the event of a replacement, OUTDOORCHEF shall be entitled, at its own discretion and choice, to offer the customer a comparable model from OUTDOORCHEF, e.g. in exchange for a successor model. Insofar as the functionality of the Product is not impaired by a defect, the customer may also be offered appropriate financial compensation instead of a repair or exchange/replacement.
The guarantee is in any case limited to the value of the purchase price of the Product purchased by the customer.
The guarantee is excluded in the following cases:
- Consumables, such as lamps, batteries, packaging, etc.
- Faults, defects and deterioration of condition caused by accident, incorrect use, failure to observe the operating instructions, failure to tighten the screw connection hose & regulator to the grill incl. leak test and/or the warning notices;
- Grease fire;
- Environmental and extreme weather conditions/force majeure (hail, lightning strikes, hurricanes, earthquakes, tsunamis, storm surges, tornadoes, severe storms, acid rain and others);
- Exposure to salty air and/or chlorine sources such as swimming pools and hot tubs.
- improper modification;
- Vandalism/wilful damage;
- faulty assembly;
- lack of care of the Product/non-performance of regular maintenance;
- Contamination and damage caused by insects or spiders (e.g. burner tubes);
- Damage caused by rodents or martens (hoses and other parts);
- Damage due to wear;
- Usual wear and tear during normal use, especially on general wear parts such as the funnel, flame roofs, burner, thermometer, ignition and battery, electrode, ignition cable, gas hose, gas pressure regulator, heating element, reflector, aluminium protective foil, grill or charcoal grate and tray, ignition grate as well as the grease drip tray and charcoal tray;
- Paint damage;
- Corrosion and superficial rusting;
- Discoloration due to heat;
- Damage caused by abrasive and chemical cleaning agents;
- Chipping and damage to porcelain-coated parts and components (unless the defect can be proven to have existed prior to first use);
- Defects and/or damage, insofar as these have been caused by interventions or repairs by service technicians not authorised by OC or by the installation of spare parts from other manufacturers;
- Defects and/or damage that occurred during transport to the buyer, unless the transport was arranged by the guarantor;
- Defects and/or damage due to wear and tear during professional use for commercial purposes (e.g. use in the hotel or catering industry).
The guarantees and disclaimers set forth in this guarantee agreement are conclusive. OUTDOORCHEF does not undertake any warranty, guarantee or liability beyond the scope of this guarantee agreement.
In the event of a guarantee claim, the customer must contact OUTDOORCHEF immediately. The customer must provide the following information and submit supporting documentation when submitting a guarantee claim:
- Purchase receipt and guarantee certificate;
- Product name with serial and part number (to be found on the data sticker attached to the Product);
- Address of the customer;
- Description of the defect.
For the duration of the guarantee processing (inspection and possible repair/replacement/replacement), there shall be no claim against OUTDOORCHEF for a replacement product or any other compensation. The performance of guarantee services shall neither extend nor restart the guarantee period. Replaced parts shall become the property of OUTDOORCHEF.
The customer is responsible for transport to the OUTDOORCHEF service centre in Switzerland (see www.outdoorchef.com) and also bears the costs incurred. Returns from the OUTDOORCHEF service centre will only be made to addresses in Switzerland and Liechtenstein.
Internal spare parts and parts that carry gas for Products shall be sent only to authorised, recognised service centres.
If, at the request of the customer, the Product is to be returned unrepaired or there is no response to the estimate, a processing fee shall be charged. This also applies to submission of external products.
In the case of guarantee claims that result from an operating error by the customer, a charge may be made for the work involved.
OUTDOORCHEF shall provide a warranty period of 6 months on repair work carried out and spare parts replaced.
9. FORCE MAJEURE
If, as a result of the effects of force majeure, in particular war, unrest, natural disasters, strikes, disruption to operations or similar circumstances, contractual obligations of OUTDOORCHEF cannot be fulfilled, cannot be fulfilled on time or cannot be fulfilled properly, OUTDOORCHEF is exempt from its obligation to provide performance.
10. INFORMATION OBLIGATION
The customer shall immediately forward complaints from his customers and third parties of which he gains knowledge to OUTDOORCHEF in all cases.
11. RELEASE OF DOCUMENTS
The customer shall promptly release to OUTDOORCHEF marketing, advertising and other documents provided by the latter.
This provision applies exclusively to business relationships between OUTDOORCHEF and business customers and is subject to other agreements made individually with business customers:
The customer shall agree all advertising activities that are co-financed by OUTDOORCHEF in advance with the sales management of OUTDOORCHEF and ensure that they correspond to the current design templates (corporate design/identity) for the Product or the Product brand. Without this prior agreement and submission of specimen copies, OUTDOORCHEF cannot pay any advertising subsidies. Payment shall be made on invoicing by the customer.
13. NO CHANGES TO PRODUCTS
This provision applies exclusively to business relationships between OUTDOORCHEF and business customers and is subject to other agreements made individually with business customers:
The customer is not permitted to change Products and the brands, names, logos and symbols applied to them in any way.
14. SEVERABILITY CLAUSE
If any of the above regulations proves to be invalid, this shall not affect the validity of the remaining regulations. Invalid or ineffective provisions shall be replaced by provisions that come as close to the intended economic purpose as possible. The same approach shall be taken with respect to loopholes.
15. APPLICABLE LAW / PLACE OF JURISDICTION
These Terms & Conditions and the contracts and agreements between OUTDOORCHEF and its customers based on them are governed exclusively by Swiss law, excluding the provisions covering the conflict of law and the United Nations Convention on the International Sale of Goods (Vienna Sales Convention, CISG).
The courts with jurisdiction over the registered office of OUTDOORCHEF are exclusively responsible for dealing with disputes in connection with these Terms & Conditions and the contracts concluded by the parties on the basis of them.
General Terms & Conditions of Business for Barbecue Courses of Outdoorchef AG (Terms & Conditions)
These General Terms & Conditions of Business regulate the legal relationship between the course participants (“COURSE PARTICIPANTS”) and the organiser Outdoorchef AG (“OUTDOORCHEF”).
I. DESCRIPTION OF SERVICE
1 OUTDOORCHEF periodically offers BARBECUE COURSES.
2 They are an introduction to various models of barbecue and barbecuing techniques. For this purpose, OUTDOORCHEF provides various foods which are then barbecued by the COURSE PARTICIPANTS under the instruction of barbecue experts.
3 During the BARBECUE COURSES, OUTDOORCHEF also provides alcoholic and non-alcoholic drinks.
4 By clicking on the check box: “I have read and accept the Terms & Conditions”, the COURSE PARTICIPANT accepts the Terms & Conditions and agrees to observe them.
5 The courses are advertised on the website www.outdoorchef.com. Registration is possible as long as there are free spaces. On completion of the course registration and/or payment of the course fee, the confirmation of registration is sent out by email.
6 The number of participants in a BARBECUE COURSE is limited to 18 COURSE PARTICIPANTS. If the number of participants is insufficient, i.e. less than 12 COURSE PARTICIPANTS, OUTDOORCHEF reserves the right to cancel the BARBECUE COURSE without further notice.
7 One week before the BARBECUE COURSE, COURSE PARTICIPANTS receive a reminder email or text message.
III. PAYMENT OF THE COURSE FEE / COURSE COST
8 The cost of the course is given in the respective course advertisement. Payment is made on completion of the order.
9 The COURSE COST can be paid either by credit card or by other methods of payment accepted by OUTDOORCHEF.
10 All prices indicated include the Value Added Tax applicable in Switzerland.
IV. CANCELLATION / FAILURE TO ATTEND
11 If COURSE PARTICIPANTS cancel, the following conditions apply:
(a) In the case of cancellation up to two weeks before the date of the event, the course fee shall be returned minus a processing charge.
(b) In the case of cancellation less than two weeks before the date of the event or in the case of failure to attend, the full course fee shall be charged. If there are serious reasons for absence (e.g. an accident, illness), the COURSE PARTICIPANT may submit an appropriate certificate to OUTDOORCHEF.
12 Cancellations shall be submitted to OUTDOORCHEF by email to firstname.lastname@example.org.
V. UNFILLED BARBECUE COURSES
13 If a BARBECUE COURSE has to be cancelled because of too few registrations, the COURSE PARTICIPANTS shall receive a full refund of the course fee. The COURSE PARTICIPANT may then register for a different BARBECUE COURSE.
VI. LIMITATION OF LIABILITY / COURSE PARTICIPANT INSURANCE
14 COURSE PARTICIPANTS are themselves responsible for taking out adequate insurance cover.
15 OUTDOORCHEF cannot accept any liability for personal injury or material damage that occurs during the BARBECUE COURSES and events it runs. This limitation of liability applies in particular, but is not restricted to injuries caused by cutting equipment provided, burns on or caused by the barbecues, food poisoning and allergic reactions.
16 OUTDOORCHEF cannot accept any responsibility for ensuring that the food and drinks provided are compatible with the health condition of the COURSE PARTICIPANTS.
VII. DATA PROTECTION
17 OUTDOORCHEF processes personal data in accordance with the Data Protection Act. By registering, COURSE PARTICIPANTS accept that OUTDOORCHEF may process and use data collected in the course of conclusion of the contract to fulfil obligations arising from the legal relationship between OUTDOORCHEF and the COURSE PARTICIPANTS, to provide details of other offers from OUTDOORCHEF and for its own marketing purposes (e.g. the newsletter). This consent may be withdrawn at any time.
VIII. SEVERABILITY CLAUSE
18 If one or more provisions of these Terms & Conditions or of a contract prove to be invalid or incomplete, the rest of the content of the contract shall not be affected.
19 The invalid provision shall be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective way. The same applies to any loopholes in contracts.
20 OUTDOORCHEF may make changes to these Terms & Conditions at any time. COURSE PARTICIPANTS shall be notified of such changes primarily by email or in another appropriate way. Changes may also be made by publication on the OUTDOORCHEF website.
21 The version of the Terms & Conditions that is currently applicable can be accessed on the homepage of OUTDOORCHEF at www.outdoorchef.com.
22 For the COURSE PARTICIPANT, as a matter of principle the version of the Terms & Conditions that was in force at the time of conclusion of contract shall apply, unless the COURSE PARTICIPANT has agreed to a more recent version of the Terms & Conditions.
X. APPLICABLE LAW AND PLACE OF JURISDICTION
23 The legal relationship between the COURSE PARTICIPANTS and OUTDOORCHEF is governed by Swiss law, excluding provisions covering the conflict of law.
24 The exclusive place of jurisdiction for all disputes arising from execution of this contract and/or completion of the BARBECUE COURSE is the registered office of OUTDOORCHEF.
Further information can be obtained from the following address:
Outdoorchef AG, Eggbühlstrasse 28, 8050 Zurich, Switzerland.