ESKO.SWISS GmbH, www.finntent.com
General terms and conditions (GTC)
Applicability of GTC
The general terms and conditions (GTC) are applicable to all legal written, telephone and digital transactions conducted via the online shops, physical stores or brands of ESKO.SWISS GmbH. The GTCs are considered to be accepted by you when an order, a task or a reservation is initiated. Deliveries and sales of goods or services are conducted exclusively to addresses in Switzerland or Liechtenstein. Deliveries and sales in the European Union, or the European Economic Area, can only be conducted with the express permission of the management of ESKO.SWISS GmbH. Goods and services in unconventional amounts or volumes can be unconditionally rejected.
ESKO.SWISS GmbH reserves the right to modify its GTCs at any time. In the event that the GTCs are modified, those valid on the day of the order apply to that transaction.
Information
The online shop www.finntent.com is operated by:
ESKO.SWISS GmbH
Industriestrasse 5
8610 Uster
Switzerland
Telephone: +41 (0)44 942 44 00
Mobile: +41 (0)75 401 80 00
Email: info@finntent.com
The following options are available on www.finntent.com to place an order:
- An order via the online shop:
Customers can place those goods and services that are offered in the online shop www.finntent.com in the digital shopping basket with a click of the computer mouse. Customers agree to binding orders by clicking “Send Order” in the final step of the ordering process. You will receive an automatic confirmation Email once your order has been received. This order confirmation does not represent a binding purchase order but instead provides documentation that your order has been received by ESKO.SWISS GmbH. A purchase order is created only at the time the item is sent for delivery.
- Telephone orders:
You can reach our customer service staff with these telephone numbers: +41 (0)44 942 44 00 or +41 (0)75 401 80 00. Your order will be taken by a customer service employee, after which it will be confirmed according to your wishes via Email, telephone or by mail. A purchase order is created only once the item has been sent for delivery.
- Telephone orders:
- Mail orders:
Please use our order card and send it to the following address:
Finntent.com c/o ESKO.SWISS GmbH, Industriestrasse 5, 8610 Uster. A purchase order is created only at the time the item is sent for delivery.
- Orders via E-Mail:
If you would like to order via Email, please send your order to: info@finntent.com. Please don’t forget to provide your mailing address and the necessary information about the article being ordered, such as brand, model, size, color etc. A purchase order is created only at the time the item is sent for delivery. - Orders via WhatsApp:
If you would like to order via WhatsApp, please send your order to the number +41 (0)75 401 80 00. Please don’t forget your address and the necessary information about the article being ordered, such as brand, model, size, color etc. A purchase order is created only at the time the item is sent for delivery.
- Orders via E-Mail:
- Orders or purchase made in showroom or physical store:
- It is most convenient to order or make direct purchases by visiting us in the showrooms or store premises. The purchase agreement is created at the time of payment. ESKO.SWISS GmbH accepts the following payment forms (see payment conditions):
Conclusion of contract
A binding order or purchase is only concluded when you have entered all the data required for the execution of the contract, confirmed that you have read and accepted these General Terms and Conditions and clicked on the “Send order” button. The order is only considered accepted when the invoice has been issued by ESKO.SWISS GmbH.
The absence of a response is not considered as acceptance of an order.
ESKO.SWISS GmbH reserves the right to reject an order unilaterally and without justification. The decision on this lies in the free discretion of ESKO.SWISS GmbH. If an order is not carried out, you will be informed immediately by Email if indicated, telephone if indicated, WhatsApp if indicated or by post if the address is indicated.
Prices
All prices quoted by ESKO.SWISS GmbH are in Swiss francs and include the statutory value added tax (as of 01.01.2023: 7.7%). The effective shipping costs are displayed in the shopping cart before the order is completed. ESKO.SWISS GmbH reserves the right to adjust the prices shown online, the prices of the brands of ESKO.SWISS GmbH and in the shops or showrooms of ESKO.SWISS GmbH at any time and without notice and without further explanation. The minimum order value in the online shops of ESKO.SWISS GmbH is CHF 50.00.
Shipping and handling costs
ESKO.SWISS GmbH delivers your ordered articles with the Swiss Post or a courier (DHL, FedEx, UPS, DPD etc.) directly to your home. The delivery time in Switzerland is typically 5-7 working days, unless otherwise indicated for the respective product. This information is without guarantee.
After the goods have been transferred to the post office, any liability of ESKO.SWISS GmbH ceases, which means that ESKO.SWISS GMBH does not bear the transport risk. As a result, we charge you a shipping fee for postage and packaging. The shipping costs are not included in the price of the goods. Shipping costs are calculated on the basis of the current Swiss Post prices. Items that incur additional costs for transport are marked accordingly.
If, for technical or logistical reasons, a delivery is made in several shipments, we will charge you per shipment. Bulky or large goods are delivered by carrier to the curbside of your delivery address. Installation and transport to the delivery address are not included in the price.
For certain items, we may offer you the option of a flat-rate installation fee. ESKO.SWISS GmbH reserves the right to adjust the transport costs indicated online, the additional costs for transport at any time and without notice and without further explanation.
Terms of payment
Payment for the goods is made either by debit card, cash, accepted credit card, Paypal, Google Pay, Apple Pay, Twint or on account. Instalment payments are only possible with management approval, with a payment plan.
For purchase on account with QR deposit slip, please always use our pre-printed QR deposit slip exclusively and pay the invoice within 10 days. The payment period of 10 days begins with the issuing of the invoice.
If you are in arrears with any payment obligations, all existing claims will become due immediately.
ESKO.SWISS GmbH reserves the right to check your creditworthiness and in individual cases to supply you with goods or services only against prepayment or credit card payment. ESKO.SWISS GmbH reserves the right of ownership of the purchased item until full payment of the invoice amount. The corresponding security rights are transferable to third parties.
Default of payment
In case of a delay of payment ESKO.SWISS GmbH reserves the right to charge an interest of 5% annually as well as a reminder fee of CHF 30.00 for each reminder and to transfer or assign the claim to a collection agency. The resulting additional costs will be charged to you.
Delivery
The delivery of the ordered goods will be made to the delivery address given by you. ESKO.SWISS GmbH delivers its products while stocks last and only within Switzerland and Liechtenstein. Should one or more orders of the goods ordered by you be sold out at the time of your order, your order cannot be accepted. ESKO.SWISS GmbH will inform you immediately by Email, SMS or telephone.
ESKO.SWISS GmbH is committed to efforts to keep availability and delivery times up-to-date in the online shop, in the showroom or in the retail shop. However, in particular due to production bottlenecks or supply shortages, shortage of raw materials or pandemics (for example, like delays that occurred as a result of COVID-19), delivery delays may occur both at ESKO.SWISS GmbH itself and at its suppliers, subcontractors and suppliers. All information on availability and delivery times is therefore without guarantee and may change at any time. Claims for damages due to possible errors in the illustrations or in the prices and texts cannot be asserted. In the contract documents ESKO.SWISS GmbH indicates the expected performance periods and performance dates without obligation. If unforeseeable circumstances or circumstances independent of the will of the parties occur, for example an instance of force majeure, which impede compliance with the expected performance periods and performance dates for delivery, these will be extended or extended in any case by the duration of these circumstances; these include potential strikes, lock-outs, official government mandates, pandemics, epidemics (Covid-19), armed conflicts and official interventions, prohibitions or transport delays triggered thereby. These aforementioned circumstances also entitle ESKO.SWISS GmbH to extend or prolong the performance periods and performance dates if they occur at suppliers, their sub-suppliers or subcontractors of both. Should the effect of these aforementioned circumstances last longer than 60 days, you are entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable grace period; you are not entitled to claim damages unless the delay is due to gross negligence on the part of ESKO.SWISS GmbH.
Complaints
ESKO.SWISS GmbH with all its brands, shops and online shops attach great importance to provide you with a flawless delivery of the goods. Nevertheless, it can unfortunately occur that an item may be damaged in transit. Please check the condition and completeness of the goods after receipt and inform us of any complaints. The contact details of ESKO.SWISS GmbH can be found at the top of these terms and conditions. It is very important to notify ESKO.SWISS GmbH in writing within three days after the occurrence of the damage caused by the transport to the delivery address, so that ESKO.SWISS GmbH can file a complaint with the post office, couriers or forwarding agents. If the complaint is made later than three days after acceptance by you, any claim for damages on your part will expire. In such instances you must enclose a copy of the purchase receipt, invoice, consignment number; if delivery occurred via courier or forwarding agent, include the name of this entity, a photo close-up of the item damaged, photo left, photo right, photo from above and photo from below with the complaint so that ESKO.SWISS GmbH can claim damages from the aforementioned companies.
Replacement delivery
If an ordered item is no longer available, we will try to meet the customer’s request with an item that is as similar as possible (in terms of quality and price). In the event that you do not want a replacement delivery, you can indicate this to our customer service by e-mail, telephone, WhatsApp or post. The contact details of ESKO.SWISS GmbH can be found above.
Retention of title
The goods remain the property of ESKO.SWISS GmbH until full payment has been received.
Exchange and right of return
You have ten days after receipt of the goods to return the items you do not like in flawless new condition and in the original packaging via Swiss post. The postmark is decisive. The costs for the return shipment are at your expense and will not be refunded.
You may also return the items that do not appeal to you in flawless new condition and in the original packaging in person to our showrooms or retail outlets of ESKO.SWISS GmbH without any complications and free of charge.
Excluded from this right of exchange or return are hygiene articles, mattresses, toppers, 3D mesh, personalised articles, articles already in use, articles used by you, articles declared as sale goods, bottles, canisters or similar goods.
ESKO.SWISS GmbH reserves the right to refuse a return unilaterally and without justification in the interest of the clientele. The decision is ESKO.SWISS GmbH’s discretion. Please use the return slip with our address label for your return. As soon as your return has been processed, we will send you a new, corrected invoice with payment slip.
Image rights and text rights
All image and text rights, including these general terms and conditions, data protection guidelines in the online shops, showrooms and retail shops of ESKO.SWISS GmbH are property of ESKO.SWISS GmbH or its partners, suppliers, subcontractors and their suppliers. Any use without express consent of ESKO.SWISS GmbH is not permitted and will be regarded by ESKO.SWISS GmbH as intellectual property theft. ESKO.SWISS GmbH will in any case pursue criminal action in such instances in order to protect its interests.
Warranty
The warranty for goods is in accordance with general Swiss law and is 24 months, unless a longer or shorter warranty period is expressly stated with the goods. Defective goods must be reported to ESKO.SWISS GmbH in writing immediately after the occurrence of the damage, otherwise the warranty claim is forfeited. In any case, you must enclose a copy of the purchase receipt, invoice and photos (photo close-up, photo left, photo right, photo from above and photo from below) with the complaint so that ESKO.SWISS GmbH can submit a warranty claim to its suppliers, their subcontractors and suppliers. ESKO.SWISS GmbH will try to the best of its knowledge and belief to make a claim under guarantee for you from its suppliers, their sub-suppliers and subcontractors.
The enclosure of the purchase receipt is extremely important and without a purchase receipt from you, ESKO.SWISS GmbH reserves the right not to assert a warranty claim for the goods with the suppliers, their subcontractors and suppliers.
The warranty claim is valid from the date of delivery. The warranty claim expires in case of improper handling, improper use or natural wear and tear. ESKO.SWISS GmbH reserves the right to decide individually on the type of replacement in the event of a warranty claim.
Place of performance / place of jurisdiction
The place of performance for all obligations arising from the contract with you is the registered office of ESKO.SWISS GmbH.
The contract between ESKO.SWISS GmbH and you is subject to Swiss substantive law, excluding the conflict of laws rules.
The courts of Uster, Canton of Zurich, have exclusive jurisdiction over all disputes arising from this contract. Swiss law is exclusively applicable to all contractual agreements and supplementary agreements and these GTCs.
General Terms and Conditions of ESKO.SWISS GmbH
Basic information, scope of application and scope of services
These detailed GTCs for rental goods regulate the legal relationship between you and ESKO.SWISS GmbH with its brands, online shops, retail shops and showrooms.
All contracts between you and ESKO.SWISS GmbH for the purchase or rental of goods and items of all kinds as well as accessories which are the property of ESKO.SWISS GmbH (rental items) are concluded with the acceptance and signing of the offer, order or reservation and the signing of these GTCs by you, the customer. Unilateral changes or additions to the contract made by you are considered invalid.
When concluding a rental agreement, you have no claim to a certain type of goods, for example certain models or designs. The selection of rental items is the sole responsibility of ESKO.SWISS GmbH.
Rental prices and obligation to pay
The prices quoted by ESKO.SWISS GmbH are in Swiss francs (CHF) and include the statutory value added tax (as of 01.01.2023 7.7%).
The rental price must be paid directly on site at the start of the rental, collection of the rental items from the showroom, shop or collection station. Payment of the rental price can only be made in cash in Swiss francs or with an accepted debit card, credit card or Twint. Please see the terms of payment in this GTC statement.
Rental period and use of rental items
The rental of rental items lasts from the time of collection from the showroom, shop until the agreed return date. In the case of a seasonal rental, the rental period lasts until Easter Monday of the same season for winter sports articles and 15 October for summer sports articles or goods of any kind.
Upon conclusion of a rental agreement, the clientele acquires the right to the usual and careful use of the rented goods. Subletting or passing on to third parties, whether for a fee or free of charge, is prohibited in all cases.
Maintenance, cleaning of the rented property
You are obliged to maintain the rented property properly.
Minor maintenance work is included in the rental price (winter sports equipment: such as waxing, edge grinding; summer sports equipment, merchandise: minor maintenance work such as impregnating and so on) and can be carried out directly in the shop.
Third-party repair or service costs are not covered.
Major maintenance work (winter sports equipment: major surface damage, edge damage and so on; summer sports equipment: Additional final cleaning, repairs of any kind, hidden defects and so on) will be charged at cost.
If the rental object is damaged, ESKO.SWISS GmbH must be informed immediately by you. You can reach our customer service by phone: +41 (0)44 942 44 00, by e-mail info@finntent.com or by WhatsApp +41(0)75 401 80 00. Damaged goods must be reported to ESKO.SWISS GmbH in writing immediately after the occurrence of the damage, otherwise the warranty claim expires. In each instance, you must enclose a copy of the purchase receipt, invoice and photos (photo close-up, photo left, photo right, photo from above and photo from below) to ESKO.SWISS GmbH.
ESKO.SWISS GmbH will take measures to address the rectification of defects.
In such an instance, customers must accept that certain necessary work cannot be postponed. You are not required to carry out any service work before the return. This will be carried out by our business.
Duty of care, insurance and liability for rented property
You will be given well-maintained and functional rented items for rent. The items are to be returned in the same condition as they were handed over to you. On handover, the rented property will be professionally inspected and handed over in generally flawless condition. Any defects will be noted on the offer or the rental document.
ESKO.SWISS GmbH does not offer you any insurance for the rental objects. You are responsible for taking out insurance yourself (such as liability insurance, breakage insurance, theft insurance, accident insurance, etc.).
You are responsible for any damage caused by yourself, by third parties or by other objects, as well as for any theft during the rental period. You are fully liable for any resulting costs and damages to the owner, ESKO.SWISS GmbH.
Reservation
A prior reservation of rental items is possible. A reservation is only valid if you have paid the agreed rental price to ESKO.SWISS GmbH and have read and expressly accepted these GTCs in writing.
If no payment is made or the GTC are not expressly accepted in writing, no rental items will be reserved.
A reservation remains valid and the rental price already paid will not be refunded, even if external circumstances, such as weather conditions or official mandates, make the rental on the agreed date impossible or no longer fit your expectations. These circumstances represent a risk taken by you and do not lie with ESKO.SWISS GmbH.
You can inform ESKO.SWISS GmbH in writing up to four weeks before the agreed collection date that the start of the rental must be postponed. There is no right to a refund of the paid rental fee, but a new date for the collection of the rental items will be agreed. The shop cannot guarantee that suitable rental items will be available for the new desired rental start date.
Return of rental property
When collecting the rental object, a binding return date is agreed. The rental object must be returned to ESKO.SWISS GmbH by this date (return date, time). In the case of a seasonal rental, the latest return date is always the Tuesday after Easter Monday (return date for seasonal rental of winter sports equipment) or, in the case of summer sports equipment, October 15. All returns must be made during opening hours and outside the company holidays of ESKO.SWISS GmbH.
Rental items must be returned in good and clean condition, taking into account the wear and tear or changes resulting from the contractual use as well as the impeccable condition of the items at the start of the rental period.
If the rental object is returned in a soiled condition, a cleaning fee of at least CHF 30.00 per unit will be charged for winter sports equipment. Similarly, if the rented summer sports equipment is returned in a soiled condition, a cleaning fee of at least CHF 30.00 per unit will be charged. If the rented item is larger (such as a roof tent), a cleaning fee of at least CHF 100.00 and an additional fee for time expenditure of CHF 60.00 per 30 minutes will be charged.
A new return date can be agreed by mutual agreement. A new contract shall be concluded to which these GTC shall again apply.
Delayed return of the rented items
If the return takes place after the agreed return date and time or return date for the seasonal rental without a new agreement having been made, this constitutes a late return.
In the case of a late return, you will be reminded in writing (SMS, e-mail) free of charge and given a final opportunity to return the rental items, as well as a new binding return date set by ESKO.SWISS GmbH (new return date).
If you also miss the return by the new return date, ESKO.SWISS GmbH will again set a final return date in writing (SMS, e-mail). A reminder fee of CHF 30.00 will be charged for the additional expense. The reminder fees are due and invoiced immediately upon notification.
If the rented items are not returned by the last return date, the client will be charged a flat fee of CHF 150.00 per order/rent. The expense fee is due immediately upon delivery of the notice and will be invoiced without delay.
You remain obliged to return the rented items without delay under all circumstances and do not acquire ownership of the rented items through payment of the reminder fee and/or expense fee.
If the rented items are not returned within 2 weeks after invoicing the expense fee of CHF 150.00, all rented items will be invoiced to you in full at the current market prices. The expense fee for the additional expense of the reminders will not be included in the purchase price and will still be due.
Purchase option of the rental items
There is the possibility to buy the rental items from ESKO.SWISS GmbH. For this purpose, ESKO.SWISS GmbH must receive a written notice at least one week before the expiry of the return date / return date seasonal rental (deadline purchase option). Subsequently, the shop will make an offer including the purchase price for the rented items.
If you do not exercise the purchase option in due time, it will expire.
If the rental object is not returned to ESKO.SWISS GmbH as agreed and the purchase option is not exercised, you may incur reminder fees and expenses (see above: Return of rental objects).
ESKO.SWISS GmbH can offer you another purchase option at the end of the purchase option period, so that the rental items can still be purchased. If at this point in time reminder or expense fees have already been incurred, this sum will be owed in addition to the purchase price offered for the purchase of the rental items and will not be deducted from the purchase price offered.
Early return of the rented item
The rental items can be returned to ESKO.SWISS GmbH at any time before the agreed return date / seasonal rental return date. An early return does not entitle the individual to a (partial) refund of the paid rental price. In the event of an early return in the case of a seasonal rental, there is no entitlement to renewed receipt of the rental items in the same season.
Exclusion of liability for rental items
You are fully liable for any damage caused to the rental items and their accessories during the rental period. ESKO.SWISS GmbH can legally claim hidden defects and damages against you within seven days after return. ESKO.SWISS GmbH is not liable for damages caused by third parties or other objects.
The rental goods provided by ESKO.SWISS GmbH are provided in a checked, safe and faultless condition.
You hereby confirm that not every risk of accident can be excluded with the use of the rental item. ESKO.SWISS GmbH with all its brands, showrooms, shops and online shops is not liable for any damage or accidents during the use of the rental object.
You hereby confirm that the rental items have been handed over in faultless, impeccable condition upon collection from the shops, showrooms and collection stations of ESKO.SWISS GmbH and its partners.
Data protection in general
ESKO.SWISS GmbH is entitled to process and store data about you for the purpose of business relations. Personal data will not be passed on to third parties. See also the data protection and privacy policy of ESKO.SWISS GmbH.
Jurisdiction and applicable law
For all disputes arising from this contract, the courts of Uster, Canton of Zurich, have exclusive jurisdiction. Swiss substantive law is exclusively applicable to all contractual agreements, supplementary agreements and to these GTCs.
The undersigned confirms with his or her signature that he or she has read and understood the GTCs of ESKO.SWISS GmbH and thus confirms with his or her signature that he or she accepts the GTCs of ESKO.SWISS GmbH.
Location: _________________________________
Date: _________________________________
Name and family name: ___________________________________________________
(IN BLOCKSCHRIFT)
Signature: __________________________________