Terms of service
M&R Gastro Schweiz
A brand of M&R Design GmbH
Oltnerstrasse 24, 5014 Gretzenbach, Switzerland
📧 info@mr-gastro.ch | ☎️ +41 58 668 69 69
UID / VAT No.: CHE-424.793.245 MWST
Company number: CHE-309.306.145
General Terms and Conditions (GTC)
These GTC apply to all orders, deliveries and services through our online shop as well as to supplementary offers and services, unless otherwise agreed in writing.
1. Scope and Acceptance
The contractual partner is M&R Design GmbH. The offer is addressed to private and business customers; however, our products are primarily intended for professional use in gastronomy, large kitchens and HORECA.
By accessing our shop or placing an order you agree to these terms and conditions.
2. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order. A contract is concluded only upon our express acceptance, dispatch confirmation or delivery.
We may refuse or subsequently cancel orders in particular in cases of incorrect information, unavailability, unresolved creditworthiness, suspected misuse or obvious errors. Payments already made will be refunded in such cases.
3. Prices and Payment Terms
All prices are in CHF and include statutory Swiss value added tax, unless otherwise stated. Shipping, installation, special logistics, customs, installation or other ancillary costs will be shown separately.
The prices confirmed at the time of acceptance are decisive. Obvious pricing, typographical or calculation errors are reserved.
For project orders, special procurements, imported goods, reserved equipment, installation orders or larger orders we may require deposits, advance payments, securities or payment prior to delivery. The due dates stated in the offer, order confirmation or invoice are decisive.
Unless otherwise agreed in writing, invoices are due without deduction within the stated period. Cash discount deductions, withholdings, partial payments or retentions require our prior written consent.
An outstanding remaining balance after delivery, partial acceptance, installation or provision remains due on time even if technical clarifications, adjustments, manufacturer checks or minor complaints are still pending, provided no mandatory statutory rights oppose this.
Complaints, suspected defects, ongoing inspections, pending manufacturer clarifications or not yet completed service cases do not entitle the customer to withhold due payments in whole or in part, unless mandatory statutory rights oppose this.
Set-off against counterclaims or a right of retention is permitted only insofar as the counterclaim has been acknowledged by us in writing or has been finally determined by a court.
In the event of default of payment, we are entitled, to the extent that no mandatory statutory provisions oppose this, to suspend deliveries, installations, commissioning, service calls, spare parts deliveries as well as voluntary goodwill or warranty services in whole or in part until full settlement of all due claims, or to continue them only against advance payment.
We may charge reasonable additional costs for reminders, debt collection, storage, schedule changes, unsuccessful delivery attempts, additional effort or special payment processing, insofar as legally permissible or contractually agreed.
4. Retention of Title
The delivered goods remain our property until full payment of all claims arising from the respective contract.
5. Products, Availability and Suitability
Images, dimensions, colors, technical data and application notes are for general description only. Only the properties expressly warranted in the order confirmation or product documentation are binding.
The customer is obliged to verify before ordering whether the product is suitable for the intended place of use, the infrastructure, the performance requirements and the local regulations.
6. Shipping, Delivery, Installation and Assembly
Our shipping policy and any written service descriptions apply in addition. Delivery dates are non-binding unless they have been expressly confirmed as fixed in writing.
Unless expressly agreed in writing, delivery, installation or assembly do not include connection and commissioning work that require a concession or official acceptance.
In particular, gas connections, electrical connections, water/sewage connections, refrigeration or ventilation connections, tightness tests, inspections, certifications, parameterization, fire protection or building law measures as well as work by licensed specialists are not included.
Where such services are required, the customer is responsible for timely commissioning of qualified specialists and for compliance with all manufacturer specifications, safety regulations and public-law requirements.
Waiting times, empty runs, additional stages, after-hours appointments, connections not prepared on site or interruptions caused by the customer are considered additional effort and may be invoiced separately.
7. Customer's Duties to Cooperate
The customer shall ensure that the delivery route, load-bearing capacity, accessibility, unloading conditions, connections, ventilation, ambient temperature, water quality and all operational or structural prerequisites for delivery, installation and operation of the equipment are met.
If the service cannot be provided or can only be provided with additional effort due to missing prerequisites, we may charge additional costs or arrange a new appointment.
8. Transfer of Risk, Inspection, Notice of Defects and Transport Damage
The customer must inspect the goods immediately upon receipt and report obvious defects, incorrect deliveries or transport damage in writing within 48 hours with meaningful documentation. Hidden defects must be reported immediately after discovery.
Before returning goods, procuring replacements, involving third parties or attempting repairs on their own, the customer must give us a reasonable opportunity to inspect and, where reasonable, to remedy the defect. Otherwise claims may be limited or excluded to the extent legally permissible.
9. Returns, Withdrawal and Cancellations
Under Swiss law there is generally no statutory right of withdrawal for online purchases. Voluntary returns are accepted exclusively in accordance with our returns and refund policy.
Project-related procurements, custom-made items, installed, connected or used equipment as well as products with commenced installation work are generally excluded from return and cancellation.
In the event of a cancellation, refusal of acceptance or termination of contract caused by the customer, deposits already paid may be offset against incurred procurement, processing, reservation, storage, transport or depreciation costs, insofar as legally permissible.
10. Warranty
The statutory warranty rights apply insofar as they have not been contractually specified or restricted within the limits permitted by law. In the event of defects, we shall decide, in good faith, on repair, replacement, price reduction or rescission, insofar as legally permissible.
Processing of warranty, guarantee or service cases requires that the customer has fulfilled his cooperation, inspection, documentation and payment obligations. Mandatory statutory defect rights remain reserved; voluntary guarantees, goodwill measures, on-site interventions or additional services may, however, be suspended until full settlement of all due claims.
Excluded from warranty and guarantee are in particular damages resulting from improper delivery, storage, installation, ventilation, water quality, power supply, operation, lack of maintenance, use of unsuitable accessories or cleaning agents, interventions by third parties or failure to follow manufacturer instructions.
If our inspection shows that there is no defect covered by warranty or guarantee, or that the cause lies outside our area of responsibility, diagnostic, labor, travel, transport, packaging, testing and recommissioning costs may be charged separately.
Telephone support, remote support, on-site diagnosis, instructions, adjustments, preventive checks, maintenance visits or manufacturer coordination are considered separate services outside explicitly confirmed warranty or service packages and may be charged according to effort.
11. Limitation of Liability
To the extent permitted by law, we are not liable for indirect damages, consequential damages, loss of profit, production or operational downtime, spoiled refrigerated goods, loss of use, contractual penalties to third parties or other pecuniary losses. Mandatory liability for intent and gross negligence remains reserved.
12. Intellectual Property
All rights to shop contents, texts, images, data sheets, trademarks and layouts remain with us or the respective rights holders.
13. Data Protection
The processing of personal data is governed by our privacy policy in its current version.
14. Amendments
We may amend these GTC at any time with effect for the future. The version published at the time of ordering or individually agreed is decisive.
15. Governing Law and Jurisdiction
Swiss law shall apply. The place of jurisdiction is – to the extent legally permissible – Solothurn, Switzerland.