General terms and conditions of sale and delivery (GTC)

1.1. The following General Terms and Conditions of Business and Delivery (GTC) apply to the legal relationship between Molotov Events SA (the supplier) and its customers (the buyer) and are binding where the supplier's offer or product/price list, or order confirmation or delivery note declares them to be applicable.

1.2. Contrary, opposing and/or supplementary general terms and conditions of business of the purchaser are only valid insofar as they are confirmed in writing by the supplier. Supplements and amendments to these GTC (including this clause) must be made in writing.

1.3. Should any provision of these GTC be invalid or incomplete, this shall not affect the validity of the remaining provisions.

1.4. The supplier reserves the right to modify these general terms and conditions of business and delivery at any time.

1.5. These provisions apply from January 2023 and supersede all previous general terms and conditions of business and delivery of the supplier.

1.6. Insofar as the scope of delivery also includes commercially customary products from other suppliers, including the relevant documentation, the terms of delivery or license agreements of the third-party suppliers concerned shall apply exclusively.

2.1. The lease or sale between supplier and purchaser is completed when the purchaser confirms the order in writing (letter, fax or e-mail).

2.2. The buyer's signature confirms the order. The following information must appear on the order confirmation: product description, quantity and unit price, VAT rate, total order price excluding and including VAT, type and cost of pick-up, delivery address, delivery and pick-up date, name of the event, name and telephone number of a contact person. Without all these details, the order confirmation cannot be considered valid.

2.3. In the event of cancellation of the order up to 4 weeks before the delivery/collection date, no charges will be levied. From 3 weeks before the said date, the supplier reserves the right to charge 50% du of the rental/washing amount (excl. VAT) and from 2 weeks and less, 100% du of the rental/washing amount (excl. VAT).

2.4. A flat rate of frs 25.- is charged for preparation of goods and collection from our laundries.

2.5. Stock management of our customers' crockery is invoiced at a flat rate of frs 1.- / per case per month x 11 months, on the annual storage invoice.

2.6. The buyer undertakes to use the products exclusively for the event expressly indicated on the order confirmation. Any use of the products outside of the event may justify the buyer's breach of contract and the invoicing of damages in favor of Molotov Events SA.

2.7. The purchaser undertakes to return the products within 4 days of taking delivery of them, except in the case of exceptional circumstances agreed at the time of ordering. An extension of this period may be agreed and will be the subject of an additional rental contract. If the products are not returned within the agreed time, compensation equal to 10% du of the total amount of the order per day of delay will be invoiced.

2.8. The purchaser undertakes, on receipt of the items ordered, to check that they correspond to the products on the order confirmation and the delivery note. Any partial loss, damage or deterioration affecting the products received will be the subject of reservations communicated, in writing and without delay, by the buyer to Molotov Events SA. Any other form of complaint will not be accepted.

2.9. To guarantee availability, orders must be placed at least 10 days in advance. In the event of late orders (less than 10 days), an express surcharge of CHF 20 will be levied.

2.10. Any offer not accompanied by an acceptance deadline is not binding.

2.11. Unless otherwise stipulated, brochures, product sheets and advertising catalogs are not legally binding. Information contained in technical documents and in the website catalog is only binding if expressly guaranteed.

3.1. Unless otherwise agreed, the supplier's prices are quoted net in Swiss francs.

3.2. If the conditions on which prices are based change, in particular in the event of changes in currency parities or state/administrative taxes, fees, duties, customs duties, wars, etc., between the time of the offer and the agreed delivery date, the supplier is entitled to adjust the prices and conditions in accordance with the changes.

4.1. Ownership of the delivered goods remains with the supplier until full payment of the purchase price. If payment of the purchase price is delayed by the purchaser, the supplier is entitled to enter the reservation of title in the register of reservation of title agreements at the purchaser's expense. Goods made available on hire remain the property of the supplier.

4.2. The purchaser shall maintain, at his own expense, the delivered goods in good condition for the duration of the retention of title and shall insure them in favour of the supplier against theft, breakage, fire, water and other risks. In addition, he will take all measures necessary to prevent any infringement or cancellation of the supplier's right of ownership.

5.1. Unless otherwise agreed, the purchaser must transfer the purchase or rental price for the goods or services delivered or provided to one of the accounts listed below, within 10 days of the invoice date, Postfinance - IBAN CH41 0900 0000 1747 1842 7 - Account no. 17-471842-7

5.2. The purchaser is not entitled to deduct any claims whatsoever from these payments in favour of the supplier.

5.3. After expiry of the 10-day payment period or the agreed payment deadline, the purchaser is immediately liable for 5% interest on arrears. The supplier may grant the purchaser an additional period of 10 days. Once this additional period has expired, the supplier may claim damages or demand payment of the purchase price.

5.4. From the second reminder onwards, an administration fee of CHF 10 will be charged to the purchaser.

6.1. All deliveries and deliveries to buyers are made from our warehouse or official laundries. Hourly rate in force.

6.2. If the delivery person considers that the postal address indicated on the order confirmation is not accessible with his vehicle, he will drop off the products at the location he deems appropriate after notifying the contact person indicated on the order confirmation.

6.3. If the contact person indicated on the order confirmation cannot be reached on the date of delivery or collection of the products, the purchaser must provide the details of a replacement at least 24 hours before the delivery date. If the contact person or his/her designated replacement cannot be reached on the day of delivery, the products cannot be delivered or taken back. Any costs incurred in this situation will be invoiced to the purchaser.

6.4. Deliveries are made to the curb. Any additional handling (stairs, paths, etc.) will be invoiced separately.

7.1. Agreed delivery times and terms are not to be understood as fixed-term transactions and are kept by the supplier, subject to normal material supply, manufacturing and transport conditions.

7.2. Delivery deadlines and dates are extended or postponed in the event of impediments which the supplier cannot avert despite exercising all due care. Such impediments include, in particular, serious operational disruptions, labor disputes, delivery errors or delays and events of force majeure, overloading of the laundries or failure of the laundries to operate.

7.3. The supplier is entitled to withhold delivery if the agreed delivery conditions are not met by the purchaser.

7.4. The supplier is not liable for late delivery. Further claims for damages on the part of the purchaser only arise in cases of gross negligence and intent.

7.5. The purchaser must confirm receipt of the delivered goods by a valid signature on the enclosed delivery note. If no delivery note is provided, the purchaser must react promptly by contacting the supplier.

7.6. Used and unused products (open and/or sealed crates) will only be returned in their original packaging. Products returned in other packaging will be washed and crated at the buyer's expense.

7.7. Products not delivered to the event (products from other events, competing products, etc.) will be washed and returned at the buyer's expense.

7.8. Damaged products (inscriptions, stickers, inappropriate or abusive use, deterioration, etc.) will be considered as missing products and will be invoiced to the customer.

7.9. Products requiring several passes through the machine will be invoiced at the coefficient corresponding to the number of passes.

8.1. Profits and risks are transferred from the supplier to the purchaser when the object of purchase is deposited at the warehouse for shipment or placed in storage.

8.2. If shipment is delayed at the purchaser's request or for other reasons not attributable to the supplier, the risk passes to the purchaser on the date originally scheduled for delivery from the factory or warehouse. From that moment onwards, the delivery is stored and insured for the account and risk of the purchaser.

8.3. Molotov Events SA is covered by an Organizer's Civil Liability policy, covering all accidents that our organization or equipment may cause. This does not cover accidents for which we cannot be held responsible.

9.1. The purchaser must check the purchased goods within 5 days of receipt. Any defects found must be reported in writing no later than the 5th day after receipt of the goods, stating the specific complaint. If no complaint is made to the supplier within this period, the goods are deemed to have been accepted. Hidden defects discovered at a later date must be reported immediately.

9.2. Unless otherwise expressly agreed, no warranty is given on tableware or promotional items sold or rented.

9.3. The supplier is not liable for any damage to materials provided at events, such as electrochemical or electrical damage, tampering by third parties, crowd movements or any other cause.

10.1. The supplier, not being the manufacturer of the crockery or any other object made available to the purchaser, is in no way responsible for the safety of the goods delivered to the purchaser.

10.2. Unless otherwise agreed, no warranty is given on tableware or promotional items sold or rented.

10.3. The supplier is only liable for guaranteed qualities if he expressly confirms this in writing.

10.4. The purchaser remains solely liable for any damage caused by natural wear and tear, inadequate maintenance, failure to observe operating instructions, excessive stress, inappropriate use or climatic or chemical influences. If the purchaser has any reason to believe that these goods present a risk to the safety or health of users or third parties, he must inform the supplier immediately. The right to notify the executive body within the meaning of article 8 para. 5 of the LSPro is the sole responsibility of the supplier.

10.5. The purchaser is subject to the obligation of professional secrecy vis-à-vis the media with regard to any findings and/or exceptions in accordance with art. of these GTC. Furthermore, the purchaser is prohibited from repairing any damage to the products/goods supplied by the supplier himself.

11.1. Purchasers' personal data is processed by Molotov Events SA. It is processed nationally and internationally, in particular for the following purposes: Processing of orders and performance of services, conduct and follow-up of customer relations, invoicing, product surveys, marketing.

11.2. Insofar as data is transferred to external service providers, the supplier uses technical and organizational measures to ensure compliance with data protection regulations.