GTC
General Terms and Conditions of KOMPOTOI AG
A. Scope of application
The subject of these General Terms and Conditions (hereinafter “GTC”) is the rental and purchase of mobile toilet cubicles, mobile urinals, mobile hand-washing stations and containers (litter barrel, urine tank, replacement barrel, etc.) as well as all services offered by KOMPOTOI AG (hereinafter “KOMPOTOI”). The GTC apply to all existing and future contracts concluded between KOMPOTOI and the customer, unless otherwise agreed in writing.
B. Conclusion of contract
The written order confirmation from KOMPOTOI is decisive for the conclusion of the contract. Until then, offers from KOMPOTOI are considered non-binding and information on products, services or prices can be changed at any time. If the customer rents the rental item electronically, he will receive a confirmation of receipt, which does not yet constitute acceptance, unless KOMPOTOI combines it with an express declaration of acceptance. If the contract is concluded electronically, the text of the contract will be saved and sent to the customer by e-mail on request, together with these GTC.
C. Subject of the contract
The subject matter of the contract is the products and services agreed in the rental contract. Information about the subject matter of the contract in advertising material, illustrations, lists and other documents – in whatever form – about technical performance, operating characteristics and usability are approximate in nature. The customer can have certain properties assured in writing.
D. Contract duration
The rental period begins on the agreed date and with the handover of the rental property to the customer. This shall also apply in the event of a delay in acceptance by the customer. In the event of a delay in delivery, the actual delivery shall be deemed the start of the rental period. The rental period ends with the return of the rental object, unless KOMPOTOI is in default with the return. If no fixed rental period has been agreed or the rental period is continued by mutual agreement after the agreed date for an indefinite period, both parties may terminate the rental contract at any time with a notice period of seven days. KOMPOTOI is entitled to terminate the contract prematurely and without notice if the customer does not meet his payment obligations despite a written reminder or if KOMPOTOI’s property rights are jeopardized in any way.
E. KOMPOTOI services
During the rental period, KOMPOTOI shall provide the customer with the rental object specified in the contract for use as intended. KOMPOTOI reserves the right to provide the customer with an equivalent rental object if the model requested by the customer is not available. KOMPOTOI’s services are listed individually in the contract and generally include delivery including installation, commissioning and collection. If toilet cubicles are rented for several weeks, the service also includes regular cleaning and professional finishing of the human output as well as the provision of toilet paper or other services as per the order confirmation. The details in the order confirmation are authoritative. The order may be carried out by third parties.
F. Delivery
Kompotoi only delivers Monday to Saturday on paved and passable roads. Some of the Kompotoi’s purchased are shipped by an external supplier/partner and delivered to the kerbside. This means that the cabin is positioned on site by the buyer. If there are deviations from the agreed delivery address or a delivery is blocked by an impassable passage (e.g. meadow), the Kompotoi will be positioned at the closest position to the desired delivery address in consultation with the customer.
G. Customer’s duty to cooperate
The customer is obliged to obtain any official permits himself, in particular for setting up the rental property on public land. For all portable toilets, the customer must ensure that uneven terrain is leveled out and that access for delivery by truck is clear. If the customer cannot fulfill his obligations to cooperate on site on time, he shall inform KOMPOTOI immediately in order to avoid unnecessary expenses. If the requirements are not met at the time of the agreed delivery or if the customer is not present, KOMPOTOI is entitled to charge the customer for all additional expenses (also for waiting times) and to waive the delivery for the time being, whereby the customer must also bear the transport costs.
H. Utilization
The hirer undertakes to use the rented items exclusively in accordance with the contract. Changes require the written consent of Kompotoi. The tenant and users are expressly prohibited from throwing objects such as tampons, sanitary towels, plastic, cigarette butts and other non-compostable items into the toilet. The tenant is also prohibited from making changes to the rented property, affixing advertising stickers and attaching non-property-related parts. The risk is transferred to the tenant after delivery of the object of the contract; loss of the object of the contract does not release the tenant from liability.
I. Rental object
The customer undertakes to handle the rental object with care and to carry out the service and maintenance work notified to him. KOMPOTOI is entitled to inspect and technically examine the rental property at any time. The customer must keep the access road to the rented property free for periodic cleaning and disposal. The rental property may not be moved to another location without the consent of KOMPOTOI, as our loading crane has a maximum reach of 2.5 meters. Subletting or other transfer of use to third parties is excluded.
J. Warranty
The customer must inspect the rental property upon delivery and report any defects immediately. Upon commissioning, the rental object is deemed to have been approved free of defects. Defects during the rental period must be reported immediately by the customer to KOMPOTOI and its instructions obtained. If necessary, the customer must put the rental object out of operation. KOMPOTOI shall provide the services it deems necessary to maintain the operational capability and to eliminate faults by repairing and replacing defective parts (troubleshooting). If possible, total failures will be remedied within a reasonable period of time after receipt of the fault report, whereby the customer is at most entitled to replacement of an equivalent rental object. KOMPOTOI does not guarantee uninterrupted operation and rejects any liability for a breakdown. Compensation for consequential damage is excluded in any case. The customer shall be responsible for repairing damage and replacing components of the rental object that have arisen as a result of careless or improper handling of the rental object, lack of care, failure of the power supply or other exceptional influences.
K. Liability
The rental property is insured by KOMPOTOI against fire damage. All other risks are borne or insured by the customer. The customer is liable in particular for damage, all consequential damage, destruction and theft, unless an exemption from liability has been agreed in the contract.
L. Rent & payment conditions
The rental fee and the payment terms according to the order confirmation shall apply. The customer shall be in default upon expiry of the payment deadline without a reminder. KOMPOTOI is entitled to charge reminder fees and default interest of 6% from the due date. The parties exclude any offsetting of the rental fee against claims of the customer.
M. Cancellation and rebooking
If an already confirmed Kompotoi reservation/booking is canceled, the following charges will be invoiced: A processing fee of CHF 100 (flat rate) will be charged for cancellations up to 1 month (30 days) before the booked date. Cancellations within 30 days of the booked date will be charged as follows: 30 to 7 days before the booked date: 30% of the invoice amount, but at least CHF 100, 6 to 2 days before the booked date: 60% of the invoice amount, but at least CHF 100, and 1 day up to the day of the booked date: 80% of the invoice amount.
N. Decommissioning of toilet cabins
In the case of long-term rental, the customer has the right to take the rental property out of service during interruptions or vacations. The rental property will not be maintained during the period of decommissioning and the customer will not pay any rent, provided that the customer informs KOMPOTOI in writing before the planned decommissioning.
O. Return of the rental property
After termination of the contract, KOMPOTOI is entitled to take back the rented item and to charge the customer for any damage, the repair of which is not included in the scope of services.
P. Purchase of the rental property
The customer has the option of purchasing the rental object during or after the rental period. In this case, KOMPOTOI will deduct the rental fee already charged from the purchase price, up to a maximum of 6 monthly lump sums excluding transportation costs. Until full payment of all claims arising from the purchase contract, all property remains with Kompotoi AG, which is entitled to reclaim the purchased item if one party acts in breach of contract.
Q. Privacy policy
The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to fulfill the service may also be passed on to contracted service partners (logistics partners) or other third parties. The type, scope and purpose of the collection, processing and use of the personal data required for the fulfillment of orders are recorded in our privacy policy. The privacy policy available under the domain “https://www.kompotoi.ch/en/terms/” is an integral part of these GTC. By accepting these GTC, the customer also agrees to the privacy policy.
R. Final clauses
Amendments to these GTC must be made in writing in order to be valid. This contract shall be governed exclusively by Swiss law, excluding the conflict of law rules. For all disputes arising from or in connection with this contract, the parties agree on the registered office of KOMPOTOI as the exclusive place of jurisdiction. Alternatively, KOMPOTOI is also entitled to take legal action at the customer’s registered office. The mandatory jurisdiction provisions of the ZPO remain reserved.
General terms and conditions online store
Scope of validity
The use of this website and the business relationship between Kompotoi AG (www.kompotoi.ch), Zürcherstrasse 254, 8406 Winterthur and its customers are governed by the following General Terms and Conditions (GTC) in the version currently available and valid when the website is accessed or goods are ordered. The offer on this website is aimed exclusively at customers resident in Switzerland.
A customer is any natural or legal person who maintains business relations with Kompotoi AG (hereinafter referred to as the “Company”). The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time. The Company asks you to read these provisions carefully each time you visit the website and each time you order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of the company in order to be valid. When using this website or ordering goods, the customer confirms that he fully accepts these GTC, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is the company.
Information on this website
www.kompotoi.ch contains information about products and services. Prices, product ranges and technical specifications are subject to change without notice. All information on www.kompotoi.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and in particular do not constitute any assurance of properties or guarantees, unless explicitly stated otherwise. The company makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but the company cannot provide any express or tacit guarantee in this respect.
All offers on this website are subject to change and are not to be understood as binding offers.
The company cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.
Prices
Unless otherwise stated, the prices quoted by www.kompotoi.ch include statutory VAT, any advance recycling fees (VRG) and copyright levies for electronic devices. Prices are quoted net in Swiss francs (CHF). Unless otherwise specified, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process. We reserve the right to make technical changes, errors and misprints; in particular, www.kompotoi.ch may change prices at any time and without prior notice. Consulting and support services are not included in the sales prices.
Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products from www.kompotoii.ch. By placing an order via this website, including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. The company then sends an automatic “order confirmation” by email, which confirms that the customer’s offer has been received by www.kompotoi.ch. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal. The contract is concluded as soon as www.kompotoi.ch sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed. Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, www.kompotoi.ch is entitled to withdraw from the entire contract or from part of the contract. If the customer’s payment has already been received by www.kompotoi.ch, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the obligation to pay. The company is not obliged to make a replacement delivery in the event of the contract being terminated.
Payment options and retention of title
The customer has the payment options specified in the order process at his disposal.
The company reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
The company may charge interest on arrears of 5% per year and a maximum reminder fee of CHF 20 per reminder if the customer is in default of payment.
The products delivered to the customer remain the property of the company until full payment has been made.
Delivery, obligation to inspect, notification of defects and returns
Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoices are sent by email or by post. The benefit and risk are transferred to the customer upon dispatch, insofar as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, the company may terminate the contract after notifying the customer by e-mail and setting a reasonable deadline, and may charge the customer for the costs of the handling.
The Customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which the Company provides a warranty immediately in writing by letter or email. Returns to the Company shall be at the Customer’s expense and risk. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by www.kompotoi.ch. If the inspection by the company reveals that the goods have no detectable defects or that they are not covered by the manufacturer’s warranty, the company may charge the customer for the costs of the return shipment or any disposal.
Right of withdrawal
The customer is granted a right of withdrawal for 15 calendar days after receipt of the goods for unused items in their original packaging. An expense allowance of CHF 20 will be charged. The deadline is deemed to have been met if the customer sends the written revocation by email or letter to the company within the deadline. The revocation requires a justification. The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 15 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the return address specified by www.kompotoi.ch. Return shipments to the company are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 10 calendar days, provided that the company has already received the goods back or the customer can provide proof of shipment.
The company reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it.
Right of withdrawal is not granted in the following cases:
- If the contract has an element of chance, in particular because the price is subject to fluctuations over which the supplier has no influence.
- If the subject of the contract is a movable item which, due to its nature, is not suitable for return or can spoil quickly;
- If the subject of the contract is a movable item that is manufactured according to the consumer’s specifications or is clearly tailored to personal needs;
- If the subject of the contract is a service and the contract is to be fulfilled in full by the provider with the consumer’s prior express consent before the withdrawal period has expired.
Warranty
The company endeavors to deliver goods of impeccable quality. If defects are notified in good time, the company shall guarantee that the item purchased by the customer is free of defects and functional for the statutory warranty period, which is generally two years from the date of delivery. It is at the Company’s discretion to provide the warranty by repairing the item free of charge, replacing it with an equivalent item or refunding the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.
The company is unable to give any assurances or guarantees that the data is up-to-date, complete and correct or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no assurance or guarantee is given that the use of the website will not infringe the rights of third parties not owned by www.kompotoi.ch.
Liability
The company excludes all liability, irrespective of its legal basis, as well as claims for damages against www.kompotoi.ch and any auxiliary persons and vicarious agents. In particular, the company is not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss suffered by the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
The company only uses hyperlinks to simplify the customer’s access to other websites. The company cannot know the content of these websites in detail, nor can it assume any liability or other responsibility for the content of these websites.
Privacy policy
The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data required to fulfill the service may also be passed on to contracted service partners (logistics partners) or other third parties.
Company informations
Name and address: Kompotoi AG, Zürcherstrasse 254, 8406 Winterthur, Phone: +41 44 273 30 30
E-mail: info@kompotoi.ch
Website: http://www.kompotoi.ch
Representative: Jonas Casanova
Commercial register number: UID CHE-420.364.571
Additional provisions
The company expressly reserves the right to amend these GTC at any time and to bring them into force without notice. In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction is Zurich, unless the law provides for mandatory places of jurisdiction.
25.11.2022
