Terms of service
M&R Gastro Schweiz
Eine Marke der M&R Design GmbH
Oltnerstrasse 26, 5014 Gretzenbach, Switzerland
info@mr-gastro.ch | +41 58 668 69 69
UID / VAT No.: CHE-309.306.145 MWST
Company number: CHE-309.306.145
General Terms and Conditions (GTC)
These GTC apply to all orders, deliveries and services placed through our online shop as well as supplementary offers and services, unless otherwise agreed in writing.
1. Scope and Acceptance
The contracting party is M&R Design GmbH. The offer is directed at private and business customers; however, our products are primarily intended for professional use in gastronomy, commercial kitchens and HORECA.
By accessing our shop or placing an order, you agree to these terms.
2. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order. The contract is only concluded upon our explicit acceptance, dispatch confirmation or delivery.
We may refuse or subsequently cancel orders, in particular in cases of incorrect information, unavailability, uncertain creditworthiness, suspicion of 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 (incl. 8.1% VAT), unless otherwise stated. Shipping, assembly, special logistics, customs, installation or other incidental costs will be shown separately.
The prices confirmed at the time of acceptance are binding. We reserve the right to correct obvious price, typographical or calculation errors.
For project orders, special procurements, imported goods, reserved devices, assembly orders or larger orders, we may require deposits, advance payments, securities or payment prior to delivery. The due dates specified in the quotation, order confirmation or invoice are decisive.
Unless otherwise agreed in writing, invoices are due without deduction within the specified period. Cash discounts, withholdings, partial payments or retentions require our prior written consent.
An outstanding remaining balance after delivery, partial acceptance, assembly or provision remains due on time even if technical clarifications, adjustments, manufacturer inspections or minor complaints are still outstanding, provided there are no mandatory statutory rights to the contrary.
Complaints, suspected defects, ongoing inspections, pending manufacturer clarifications or unfinished service cases do not entitle the customer to withhold due payments in whole or in part, unless mandatory statutory rights provide otherwise.
Offsetting against counterclaims or a right of retention is only permitted to the extent that the counterclaim has been acknowledged by us in writing or has been finally determined.
In the event of default in payment, we are entitled to suspend deliveries, assemblies, 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, insofar as there are no mandatory statutory provisions to the contrary.
We may charge reasonable additional costs for reminders, collection, storage, appointment rescheduling, unsuccessful delivery attempts, additional expenses or special payment processing, to the extent 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
Illustrations, dimensions, colours, 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 check 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 applicable written service descriptions shall apply in addition. Delivery dates are non‑binding unless they have been expressly confirmed as fixed in writing.
Unless expressly agreed in writing, delivery, bringing in or assembly do not include connection and commissioning work that require a concession or official acceptance.
In particular, the following are not included: gas connections, electrical connections, water/sewer connections, refrigeration or ventilation connections, leak tests, inspections/acceptances, certifications, parameterization, fire‑protection or building‑law measures, as well as work carried out by licensed/authorized specialists.
Where such services are required, the customer is responsible for the timely engagement of qualified specialists and for compliance with all manufacturer instructions, safety regulations and public‑law requirements.
Waiting times, empty runs, additional stages, subsequent appointments, connections not prepared on site or interruptions caused by the customer shall be considered additional effort and may be charged 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 and structural prerequisites for delivery, assembly and operation of the equipment are satisfied.
If the service cannot be provided or can only be provided with additional effort due to missing prerequisites, we may invoice additional costs or schedule 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 notified immediately upon discovery.
Before returning goods, procuring replacements, involving third parties or attempting repairs on their own, the customer shall give us a reasonable opportunity to inspect and, where reasonable, to remedy the defect. Otherwise claims may be limited or excluded to the extent permitted by law.
9. Returns, Withdrawal and Cancellations
A statutory right of withdrawal for online purchases does not generally exist under Swiss law. Voluntary returns are made exclusively in accordance with our returns and refund policy.
Project-specific procurements, custom-made items, assembled, connected or used devices as well as products with installation work already commenced are generally excluded from returns and cancellations.
In the event of a cancellation, refusal to accept delivery or termination of the contract caused by the customer, any deposits already paid may be offset against incurred procurement, processing, reservation, storage, transport or depreciation costs, to the extent permitted by law.
10. Warranty
Statutory warranty rights shall apply, unless they have been contractually specified or limited to the extent legally permissible. In the case of defects, we will decide, at our reasonable discretion, whether to effect repair, provide replacement, reduce the price or rescind the contract, insofar as legally permissible.
Processing of warranty, guarantee or service claims requires that the customer has fulfilled their obligations to cooperate, inspect, document and pay. Statutorily mandatory defect rights remain reserved; however, voluntary guarantees, goodwill gestures, on-site interventions or additional services may be suspended until all due claims have been fully settled.
Excluded from warranty and guarantee are in particular damages resulting from improper handling, placement, storage, installation, ventilation, water quality, power supply, operation, lack of maintenance, use of unsuitable accessories or cleaning agents, third-party interventions or failure to comply with manufacturer instructions.
If our inspection reveals that no defect qualifying for warranty or guarantee exists, 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 diagnostics, instructions, adjustments, preventive checks, maintenance operations or coordination with manufacturers shall, unless expressly included in confirmed warranty or service packages, be deemed separate services and may be charged on a time-and-materials basis.
11. Limitation of Liability
To the extent permitted by law, we shall not be 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 content, 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 currently applicable version.
14. Changes
We may amend these Terms and Conditions at any time with effect for the future. The version published at the time of the order or individually agreed shall be decisive.
15. Applicable law and jurisdiction
Swiss law shall apply. The place of jurisdiction is – insofar as legally permissible – Solothurn, Switzerland.