GENERAL TERMS AND CONDITIONS (GTC)
of Event Setting AG
of Event Setting AG
© 2022 Event Setting AG, Zurich-Schlieren
1.0 GENERAL PROVISIONS
1.1 Applicability
These terms and conditions apply to all business relationships between Event Setting AG and its customers. Any provisions deviating from these, in particular the customer’s terms and conditions, are binding only if they meet the requirement of being in writing and have been approved by an authorized representative of Event Setting AG. Event Setting AG expressly reserves the right to deviate from the General Terms and Conditions at any time in individual and special cases.
1.2 Delivery Terms
Event Setting AG bears the risk for deliveries made by itself or by a transport company commissioned by it. Other deliveries are made at the risk of the recipient.
1.3 Delivery Deadlines
Event Setting AG will do its utmost to meet the agreed deadline. The customer may not claim damages or withdraw from the contract due to failure to meet the deadline. Event Setting AG disclaims any liability for such damages. Excluded from this This limitation of liability does not apply where Event Setting AG is responsible for gross negligence and timely delivery is an essential element of the contract. In no event shall Event Setting AG be liable for damages resulting from delayed delivery of goods shipped on time or from any other services provided by Event Setting AG.
1.4 Prices
Unless otherwise agreed, the quoted prices conform to the price information published on the Event Setting website, excluding VAT and excluding packaging, consulting, logistics, and setup/dismantling. All catalog and list prices are subject to change.
1.5 Terms of Payment
Unless otherwise agreed, the invoice amount is due strictly net within 30 days of the invoice date. If partial payments have been agreed, Event Setting AG reserves the right to withdraw from the contract in the event of non-payment. Any claims for damages remain unaffected.
1.6 Order Confirmation
An order confirmation will be issued as soon as 50% of the total invoice amount has been paid.
1.7 Packaging
Unless otherwise agreed, the packaging remains the property of Event Setting AG and is merely loaned to the customer. Packaging materials provided on loan must be returned to Event Setting AG, carriage paid to the company’s address, within one month of delivery or upon termination of the contractual relationship. Disposable packaging materials will be charged to the customer at cost price; proper disposal is the customer’s responsibility. Replacement, repair, or cleaning of lost, damaged, or heavily soiled loaned packaging materials will be charged to the customer at cost price.
1.8 Liability
Event Setting AG shall be liable in the event of breaches of contract and non-contractual liability only in cases of intent or gross negligence. Further assumptions of liability by Event Setting AG under these General Terms and Conditions or arising from written contracts remain reserved:
The customer shall be liable for damage to or loss of goods owned by Event Setting AG or
provided by Event Setting AG and located within the customer’s area of access, provided such damage or loss was caused by the customer, third parties, force majeure, or other unforeseeable events. When engaging subcontractors, Event Setting AG is liable for their careful selection and instruction; in the case of auxiliary personnel (etc.), it is also liable for their supervision.
1.9 Insurance
Event Setting AG maintains liability insurance covering property damage up to CHF 5,000,000. Event Setting AG’s equipment is insured against fire and natural hazards. The customer must obtain additional insurance (such as coverage against vandalism and theft). The customer undertakes to maintain appropriate liability and other insurance (for personal injury, property damage, and financial loss) for individuals under their responsibility and for equipment provided by them or by third parties.
1.10 Warranty
If the delivery is defective, the customer must notify Event Setting AG in writing immediately, but no later than 10 days after taking delivery of the goods. The alleged defects must be specified in detail. If the goods are collected from Event Setting AG, the customer or the driver commissioned by the customer must inspect the goods immediately. Goods subject to a complaint may under no circumstances be used. In the event of non-compliance, all consequential costs shall be borne by the customer.
If the complaint is not raised within the above-mentioned period or only after the goods have been used, the goods shall be deemed accepted. In the event of a timely complaint regarding a defect that can be demonstrably attributed to a circumstance for which Event Setting AG is responsible, Event Setting AG shall repair and/or replace the rejected goods free of charge as soon as possible. Event Setting AG reserves the right to deliver suitable replacement goods in lieu of the ordered goods.
Event Setting AG provides the same warranty for repaired or replaced goods as for the original delivery.
If the defect concerns a manufacturing or material defect for which Event Setting AG is not responsible, Event Setting AG will forward the complaint to the manufacturer. In cases of improper use or handling, faulty processing or assembly by the customer or third parties, natural wear and tear, excessive strain, failure to comply with regulations, improper maintenance, improper storage, and similar cases, any liability on the part of Event Setting AG is excluded. Complaints regarding the delivered goods do not release the customer from the obligation to make the agreed-upon payment on time. Further claims by the customer are excluded, in particular a claim for compensation for damages that did not occur to the delivered item itself.
1.11 Projects, Quotations, and Preliminary Studies
Projects, quotations, and preliminary studies, including the production of samples and prototypes, which Event Setting AG develops on behalf of the customer, remain the property of Event Setting AG and may not be disclosed to or made accessible to third parties without written consent. Event Setting AG reserves the right to invoice for projects, quotations, and preliminary studies if the order based thereon is not received by Event Setting AG within three months or by the agreed deadline following the submission of the proposals by Event Setting AG. Exceptions apply in the case of deviating agreements between Event Setting AG and the customer.
1.12 Copyright and Other Intellectual Property Rights of Event Setting AG
Unless otherwise agreed in writing, all rights (in particular copyright, design, and model rights) remain with Event Setting AG.
If a transfer of the aforementioned rights to the customer has been agreed upon, such transfer shall take place only after full payment of the price.
1.13 Third-Party Intellectual Property Rights
The customer shall ensure that the execution of its order or contract for work based on designs, models, drawings, or samples provided by the customer does not infringe the rights of third parties, in particular copyrights.
1.14 Auxiliary Persons and Substitutes
Unless otherwise agreed, Event Setting AG reserves the right to engage auxiliary persons and/or substitutes to fulfill its contractual obligations.
1.15 Illustrations / Photos
Illustrations and photos in catalogs, brochures, and mailings, as well as on websites and in multimedia presentations on CD and DVD, may differ from reality. This applies in particular to tablecloths, as these are natural products and color differences cannot always be completely ruled out.
1.16 Data Protection
Event Setting stores the personal data provided by the customer. This includes information that enables the identification of the individual or the company, such as the name, address, telephone number, or email address.
The data is used to process contracts and quotes concluded with the customer. In addition, the data transmitted by the customer (in particular the company name, the name, the address, and/or the email address of the renter) is transmitted to Event Setting AG, Gaswerkstrasse 9, 8952 Schlieren, for the purpose of centralized data processing to send offers and information (advertising) about new goods and services.
If the customer requests goods or services, additional details regarding the contract, bank account information, credit card, or customer number will be stored. All data provided in this context will be transmitted by Event Setting, if necessary, to third-party companies collaborating with Event Setting, such as franchise partners, banks or savings banks, collection agencies, or attorneys, to be used for the processing of the customer’s orders.
Event Setting undertakes to protect the data using the latest security measures in its IT systems. Event Setting AG shall not be liable in the event of cybercrime (hacker attacks, phishing). 2.0 SPECIAL PROVISIONS FOR INDIVIDUAL CONTRACT TYPES
2.0 SPECIAL PROVISIONS FOR INDIVIDUAL CONTRACT TYPES
2.1 Contract for Work and Services
2.1.1 Risk
If the work is lost or damaged prior to handover, Event Setting AG shall only be liable if the damage occurs on the premises or in the vehicles of Event Setting AG, or if the damage or loss is attributable to Event Setting AG.
2.1.2 Rescission, Reduction, and Rectification
The customer’s right to rescission, reduction, and rectification exists only if Event Setting AG is at fault for the defect. The right to rectification takes precedence. The customer is entitled to the right of rescission and reduction only if any defects in the work cannot be remedied in an equivalent manner and within a reasonable time.
2.2 Purchase
2.2.1 Retention of Title
The goods shall remain the property of Event Setting AG until all invoices have been paid in full. In the event of the resale of goods that are still the property of Event Setting AG, the customer assigns to Event Setting AG any claims and entitlements arising therefrom. Further claims for damages remain reserved.
2.2.2 Transfer of Risk
The transfer of risk is governed by the statutory provisions (OR 185).
3.0 RENT
3.1 Content and Scope of the Contract
The content and scope of the rental agreement correspond to the written order confirmation from Event Setting AG. Any deviating or supplementary agreements are only valid if they have been confirmed in writing by Event Setting AG. 3.2. Delivery and Return
3.2. Delivery and Return
Unless otherwise agreed, rental items delivered by Event Setting AG will be collected by Event Setting AG again upon expiration of the agreed rental period.
Rental items collected from Event Setting AG by the Lessee or by third-party agents acting on the Lessee’s behalf must also be returned to Event Setting AG.
3.3 Repair and Cleaning
The goods provided by Event Setting AG must be returned in undamaged and normally clean condition. Repairs for damage exceeding the extent of normal wear and tear will be carried out at the standard hourly rate, plus material costs. Should Event Setting AG be unable to restore the goods to their contractual condition itself, the customer will be billed for all costs of external repairs or, if such repairs are not possible, the cost of replacement. The latter also applies in the event of loss or destruction of the goods.
The Lessee must immediately inform the Lessor if:
- the rental item is incomplete upon delivery (within 2 hours of delivery),
- the rental item is damaged (within 2 hours of the handover of the goods),
- the rental item has been stolen or has been lost in any other way.
3.4 Cancellation Fees
Unless otherwise agreed, Event Setting AG will charge any preparation costs incurred up to 15 days prior to the delivery or pickup date. Work already performed and expenses incurred shall be borne in full by the customer. Orders canceled at a later date or not picked up will be charged at the full price.
4.0 GENERAL FINAL PROVISIONS
4.1 Applicable Law
Swiss law and Swiss regulations apply.
4.2 Jurisdiction
The place of jurisdiction for all disputes arising from the legal relationship between Event Setting AG and the customer is the registered office of Event Setting AG.