General Terms and Conditions

General Terms and Conditions of Outdoorchef AG (”GTC”)

1. GENERAL

Outdoorchef AG, Eggbühlstrasse 28, P.O. Box, 8050 Zurich, Switzerland (hereinafter “OUTDOORCHEF”) develops, manufactures and sells barbecues, accessories and spare parts (hereinafter “Product” or “Products”) to customers in Switzerland and Liechtenstein. These GTC apply to the sales contracts concluded between OUTDOORCHEF and its customers and are valid from 1 November 2024. They replace all previous versions.

Any general terms and conditions or purchasing conditions of the customer, or any other deviating provisions, shall only be effective if they are expressly confirmed in writing by OUTDOORCHEF.

OUTDOORCHEF may amend these General Terms and Conditions at any time. The amendments will be notified to the customer by email or by other appropriate means (online).

2. ORDER AND CONFIRMATION

2.1 The customer places an order for the products with OUTDOORCHEF in writing, electronically or by telephone.

By placing an order, the customer accepts these Terms and Conditions. The order is deemed to be a binding offer by the customer to OUTDOORCHEF. OUTDOORCHEF will confirm receipt of the offer, although this does not constitute acceptance of the offer. OUTDOORCHEF will check whether the product is available. If the product is available, it will be dispatched to the customer. Upon dispatch of the product, OUTDOORCHEF’s acceptance of the customer’s offer is deemed to have taken place.

Orders placed are binding on the customer until such time as they are rejected by OUTDOORCHEF. Unless otherwise stated, the customer has no right of return or withdrawal.

The customer must raise any objections to discrepancies between the OUTDOORCHEF confirmation and the customer’s order immediately, and at the latest within two working days of receiving the OUTDOORCHEF confirmation. In the event of failure to raise an objection or a delayed objection, the terms and conditions contained in the OUTDOORCHEF confirmation shall be deemed to have been accepted by the customer.

2.2 ONLINE ORDERING AND CONFIRMATION OF SPARE PARTS (B2C)

OUTDOORCHEF offers customers spare parts for barbecues on the OUTDOORCHEF website. By entering the serial number of the barbecue on the OUTDOORCHEF website, all spare parts for the product in question are displayed with illustrations and item numbers.

The range of spare parts on the OUTDOORCHEF website does not constitute a legally binding offer, but merely an invitation to the customer to request a quotation.

The customer makes their selection on the OUTDOORCHEF website and, by completing the order, makes a binding offer to OUTDOORCHEF regarding the selected spare parts. By placing the order, the customer accepts these Terms and Conditions.

OUTDOORCHEF confirms receipt of the offer, although this does not constitute acceptance of the offer. OUTDOORCHEF checks whether the spare parts are available. If available, the spare parts are dispatched to the customer. Upon dispatch of the spare parts, OUTDOORCHEF’s acceptance of the customer’s offer is deemed to have taken place.

The spare parts listed on the OUTDOORCHEF website and their images are non-binding and may occasionally differ from the actual spare parts.

3. DELIVERY AND PERFORMANCE

The customer acknowledges that the delivery dates specified by OUTDOORCHEF are not binding; OUTDOORCHEF expressly reserves the right to deviate from these delivery times.

3.1 PARTIAL DELIVERIES

OUTDOORCHEF expressly reserves the right to make partial deliveries and to invoice for them, unless otherwise agreed with the customer.

3.2 TRANSPORT COSTS / DAMAGE

In addition to the prices quoted, OUTDOORCHEF will charge the costs incurred for packaging and postage, as well as any additional costs for special handling and any optional extras relating to pre-assembly and delivery. These costs will be clearly itemised for the customer and charged separately.

In all cases, the customer bears the risk of delivery. OUTDOORCHEF accepts no liability for delivery damage, in particular for transport damage resulting from inadequate or insufficient packaging or the incorrect choice of transport method. Warranty claims arising from delivery damage, such as that caused by inadequate or insufficient packaging, are also excluded.

3.3 RETURNS

OUTDOORCHEF will only accept returns of incorrect deliveries and brand-new products in undamaged original packaging and without any labels (e.g. price tags). Products may only be returned or exchanged within 10 days of receipt by the customer, or in accordance with a specific agreement and only with the prior approval of the OUTDOORCHEF sales department. Approval is granted by OUTDOORCHEF issuing a returns order number. The returns order number must be noted on all documents (e.g. delivery note) provided by the customer. Any costs for inspections, damaged packaging, etc. will be deducted from the credit note issued to the customer.

In the event of the customer’s failure to comply with these provisions, OUTDOORCHEF is entitled to return the products to the customer carriage forward, to refuse to accept the delivery, or to charge a contribution towards costs of a minimum of CHF 50.00 or a maximum of 10% of the invoice amount. The decision in this regard is at the sole discretion of OUTDOORCHEF.

3.4 TRANSFER OF TITLE AND RISK

Title to and risk in the products shall pass to the customer at the latest when OUTDOORCHEF dispatches them.

3.5 OUTDOORCHEF’S RIGHT OF WITHDRAWAL

OUTDOORCHEF is entitled to withdraw from contracts without compensation until the customer has paid the purchase price, provided that circumstances arise which indicate that the customer is not creditworthy. The assessment of the customer’s creditworthiness is at the sole discretion of OUTDOORCHEF.

Should circumstances arise as described above (lack of creditworthiness), the customer is obliged to return any products already received to OUTDOORCHEF within 5 days of being notified by OUTDOORCHEF. In all cases, the customer shall bear the costs and risk of the return shipment. OUTDOORCHEF expressly reserves the right to claim damages if any loss in value of the products is attributable to the customer’s handling of the products in a manner not necessary for the examination of their nature, characteristics and functioning.

3.6 RETENTION OF TITLE

OUTDOORCHEF retains title to the delivered products until the customer has paid the full amount due under the contract.

OUTDOORCHEF is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer by way of security, any other transfer to third parties, processing or alteration is not permitted without the express consent of OUTDOORCHEF.

4. PURCHASE PRICES

OUTDOORCHEF sells its products at the prices and on the terms set out in the relevant price lists and on the website (spare parts only), subject to change without notice. All prices quoted include statutory VAT and any advance recycling charges.

5. TERMS OF PAYMENT

Payment may be made either by credit card or via other payment methods accepted by OUTDOORCHEF. At the time of ordering, OUTDOORCHEF will inform customers of the payment methods actually available at that specific time. Payment is due upon completion of the order.

If “payment by invoice” is an option, the following terms apply: The customer must pay for the delivered products within 30 days of the invoice date. The customer is not entitled to make partial payments, nor may they withhold payments on the grounds of complaints. Furthermore, the customer is not authorised to set off any counterclaims.

OUTDOORCHEF reserves the right to amend the payment terms at any time.

6. LATE PAYMENT

If the 30-day payment period or the agreed payment period expires without payment having been made, the customer shall be in default without further notice. In the event of late payment, interest at a rate of 5% per annum may be charged.

In the event of late payment, OUTDOORCHEF is entitled to charge a reminder fee of CHF 50.00 from the first reminder.

In the event of late payment, OUTDOORCHEF is entitled to require advance payment for further orders and to withhold any outstanding deliveries until the outstanding payment(s) has/have been received.

7. WARRANTY AND GUARANTEE

The following warranty and guarantee provisions shall apply only if OUTDOORCHEF has not agreed otherwise with the customer in writing, outside the scope of these General Terms and Conditions.

7.1 WARRANTY

OUTDOORCHEF warrants to the customer solely that the products are free from defects within the meaning of Article 197 of the Swiss Code of Obligations. OUTDOORCHEF shall only be liable for product characteristics specified by the customer in their order if OUTDOORCHEF has expressly guaranteed such characteristics in writing.

Rescission and reduction are excluded; only the provisions of Clause 7.2 shall apply.

Likewise, any claim for damages by the customer, regardless of the legal basis, is excluded to the extent permitted by law.

7.2 WARRANTY

The warranty period and DOA terms (defined below) for each product are set out on the OUTDOORCHEF website at www.outdoorchef.com and can be requested from OUTDOORCHEF by telephone at any time.

Warranty Claims

Warranty claims must be made by the customer to OUTDOORCHEF in writing immediately upon discovery of the defect, but no later than within 2 months, accompanied by the warranty card or proof of purchase. Once the 2-month period (notification period) has expired, all warranty claims against OUTDOORCHEF are excluded. For obvious, recognisable and apparent defects, this notification period begins upon receipt of the product. The customer is obliged to inspect the product for defects immediately upon receipt. In the case of hidden defects, the notification period begins to run upon discovery of the defect.

If the product was purchased in a non-functional state, i.e. it cannot be put into operation after purchase (Dead on Arrival, “DOA”), the customer must return it to OUTDOORCHEF within 10 working days of the date of purchase, presenting the relevant warranty card or proof of purchase. The product will be replaced for the customer with an equivalent or comparable model from OUTDOORCHEF. After the 10-day period from the date of purchase has expired, no further exchanges will be made; instead, a repair will be carried out. This does not apply to brands and products for which the DOA provisions are excluded.

Warranty Claims and Coverage

The warranty is valid from the date of purchase and applies in the following cases, provided that none of the exclusions apply:

12 years on stainless steel burners*
12 years on all stainless steel parts*
12 years on die-cast aluminium parts*
12 years on stainless steel grill grates*
12 years on ceramic burners*
5 years on the enamelled kettle (base and lid)*
5 years on the enamelled cast iron grate*
Defects in the enamel finish only prior to first use
2 years on all other manufacturing/material defects

Applies only to rust-through/burn-through for the Davos, Arosa, Lugano Evo, Dualchef and HEAT models. From the 6th to the 12th year, 50% off spare part costs for the enamelled kettle/cast iron grate (excluding transport costs).

Minor irregularities that do not affect functionality, colour variations in the enamel finish, or minor imperfections such as production-related contact marks on the lower edge of the lid or on the hangers are not considered defects. Reasonable technical and design deviations from the information provided in brochures, catalogues and written documentation, as well as changes to the model, construction and materials in the course of technical progress and further development, do not constitute a defect in performance or in the product.

In the event of a warranty claim, OUTDOORCHEF may, at its sole discretion, repair or replace the damaged or defective parts, or replace the product in its entirety. In the event of a replacement, OUTDOORCHEF is entitled, at its sole discretion, to offer the customer a comparable OUTDOORCHEF model, for example a successor model. Provided that the defect does not impair the functionality of the product, the customer may also be offered appropriate financial compensation instead of repair or replacement.

In all cases, the warranty is limited to the purchase price of the product purchased by the customer.

Exclusions from the warranty

The warranty does not apply in the following cases:

Consumables, such as lamps, batteries, packaging, etc.
Faults, defects and deterioration caused by accidents, misuse, failure to follow the operating instructions, failure to tighten the screw connection between the hose and regulator on the barbecue (including a leak test) and/or failure to observe the safety warnings;
Grease fires;
Environmental influences and extreme weather conditions/force majeure (hail, lightning strikes, cyclones, earthquakes, tsunamis, storm surges, tornadoes, severe storms, acid rain and others);
Exposure to salty air and/or sources of chlorine (e.g. swimming pools and hot tubs).
Improper modification;
Misuse;
Vandalism/wilful damage;
Faulty assembly;
Negligence;
Lack of product care/failure to carry out regular maintenance;
Contamination and damage caused by insects or spiders (e.g. burner tubes);
Damage caused by rodents or martens (hoses and other parts);
Damage caused by wear and tear;
Normal wear and tear resulting from intended use, particularly on general wear parts such as funnels, flame guards, burners, thermometers, ignition and battery, electrodes, ignition cables, gas hoses, gas pressure regulators, heating elements, reflectors, aluminium protective film, grill or charcoal grates and trays, ignition grates, as well as grease collection and charcoal trays;
scratches;
dents;
paint damage;
coatings;
corrosion and superficial rust formation;
discolouration caused by heat;
damage caused by abrasive and chemical cleaning agents;
chipping and damage to porcelain-coated parts and components (unless it can be proven that the fault was already present prior to first use);
Defects and/or damage resulting from interventions or repairs carried out by service technicians not authorised by OUTDOORCHEF or from the installation of spare parts from other manufacturers;
Defects and/or damage arising during transport to the purchaser, provided that the transport was not arranged by the guarantor;
Defects and/or damage resulting from wear and tear during professional use for commercial purposes (e.g. use in the hotel or catering industry).

The warranty claims and exclusions of liability set out in this warranty agreement are exhaustive. OUTDOORCHEF shall under no circumstances be liable for any warranty, guarantee or liability beyond the scope of this warranty agreement.

Handling of Warranty Claims

In the event of a warranty case, the customer must contact OUTDOORCHEF immediately. When making a warranty claim, the customer must provide the following information and submit the relevant documentation:

Purchase receipt and warranty certificate;
Product name, including serial and item numbers (found on the data sticker affixed to the product);
Customer’s address;
Description of the fault.

For the duration of the warranty process (inspection and any repair/replacement/exchange), the customer has no claim against OUTDOORCHEF for a replacement product or any other compensation. The provision of warranty services does not result in an extension or a restart of the warranty period. Replaced parts become the property of OUTDOORCHEF.

The customer is responsible for transport to the OUTDOORCHEF service centre in Switzerland (see www.outdoorchef.com) and shall also bear the costs incurred in connection with such transport. Returns from the OUTDOORCHEF service centre shall be made exclusively to addresses in Switzerland and Liechtenstein.

8. AFTER-SALES

Internal spare parts and gas-carrying components for products are dispatched only to authorised, recognised service centres.

If, at the customer’s request, the product is to be returned unrepaired, or if there is no response to the quotation, a handling fee will be charged. This also applies to the return of third-party products.

In warranty cases attributable to customer error, the labour costs incurred may be invoiced.

OUTDOORCHEF provides a 6-month warranty on repair work carried out and on spare parts.

9. FORCE MAJEURE

If, due to events of force majeure, in particular war, civil unrest, natural disasters, strikes, operational disruptions or similar circumstances, OUTDOORCHEF is unable to fulfil its contractual obligations, or is unable to do so in a timely or proper manner, OUTDOORCHEF shall be released from its obligation to perform.

10. DUTY TO INFORM

The customer must, in all cases, immediately forward to OUTDOORCHEF any complaints from buyers and third parties of which they become aware.

11. RETURN OF DOCUMENTS

The customer shall, upon first request, immediately return to OUTDOORCHEF any marketing, advertising or other documents received from it.

12. ADVERTISING CONTRIBUTIONS

This provision applies exclusively to OUTDOORCHEF’s business relationships with business customers, subject to any contrary agreements made individually with the business customer: The customer must discuss all advertising activities co-financed by OUTDOORCHEF with OUTDOORCHEF’s sales management in advance and ensure that they comply with the current design guidelines (corporate design/identity) for the product or product brand in question. Without this prior consultation and without the submission of proof copies, OUTDOORCHEF cannot pay out any advertising cost subsidies. Payment shall be made against the customer’s invoice.

13. NO ALTERATIONS TO PRODUCTS

14. DATA PROTECTION

OUTDOORCHEF complies with the relevant legal provisions when processing personal data. By completing the order, the customer agrees that OUTDOORCHEF may process the customer data provided for the purpose of fulfilling the customer’s order and for sending the customer further offers from OUTDOORCHEF. The customer’s consent may be withdrawn at any time. OUTDOORCHEF will only disclose data to third parties (e.g. delivery services) where this is necessary for the performance of the contract.

15. SEVERABILITY CLAUSE

Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. Any void or invalid provisions shall be replaced by valid provisions that most closely reflect their economic purpose. The same shall apply in the event of any omission.

16. GOVERNING LAW / JURISDICTION

These General Terms and Conditions and the contracts and agreements concluded between OUTDOORCHEF and customers on the basis thereof are governed exclusively by Swiss law, to the exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG).

The courts at OUTDOORCHEF’s registered office shall have exclusive jurisdiction to adjudicate any disputes arising in connection with these General Terms and Conditions and the contracts concluded by the parties on the basis thereof.

Date: 01.11.2024

General Terms and Conditions for Outdoorchef AG Barbecue Courses (GTC)

These General Terms and Conditions govern the legal relationship between the course participants (“COURSE PARTICIPANTS”) of the barbecue courses (“BARBECUE COURSES”) and the organiser, Outdoorchef AG (“OUTDOORCHEF”).

I. DESCRIPTION OF SERVICES

OUTDOORCHEF offers BARBECUE COURSES on a regular basis. These courses provide an introduction to various barbecue models and barbecuing techniques. For this purpose, OUTDOORCHEF provides various food items, which are barbecued by the COURSE PARTICIPANTS under the guidance of barbecue experts. During the BARBECUE COURSES, OUTDOORCHEF also provides alcoholic and non-alcoholic drinks.

II. REGISTRATION

Courses are advertised on the website www.outdoorchef.com. Registration is possible whilst places are still available. Once registration is complete and the course fee has been paid, a confirmation of registration will be sent by email. By completing the registration process, the COURSE PARTICIPANT accepts these Terms and Conditions. The number of participants is limited to 18 COURSE PARTICIPANTS per BARBECUE COURSE. If there are fewer than 12 COURSE PARTICIPANTS, OUTDOORCHEF reserves the right to cancel the BARBECUE COURSE without further notice. One week before the BARBECUE COURSE, COURSE PARTICIPANTS will receive a reminder email or SMS.

III. PAYMENT OF COURSE FEES

Course fees are set out in the relevant course description. Payment is due upon completion of the order. Course fees may be paid either by credit card or via other payment methods accepted by OUTDOORCHEF. COURSE PARTICIPANTS will be informed by OUTDOORCHEF at the time of ordering of the payment methods actually available at that specific time. All prices quoted include the statutory value added tax applicable in Switzerland.

IV. CANCELLATION / NO-SHOW

The following conditions apply to cancellations made by COURSE PARTICIPANTS:

(a) If cancelled up to two weeks before the event date, the course fee will be refunded, less an administration fee.
(b) For cancellations made less than two weeks before the event date and in the event of a no-show, the full course fee will be charged. If there are serious reasons (e.g. accident, illness) for the absence, the COURSE PARTICIPANT may submit a relevant certificate to OUTDOORCHEF. Cancellations must be sent to OUTDOORCHEF by email to grillkurse@outdoorchef.ch.

V. CANCELLED BARBECUE COURSES

If a BARBECUE COURSE has to be cancelled due to insufficient enrolment, COURSE PARTICIPANTS will receive a full refund of the course fee. The COURSE PARTICIPANT may then enrol for a new BARBECUE COURSE.

VI. DISCLAIMER / INSURANCE FOR COURSE PARTICIPANTS

COURSE PARTICIPANTS are responsible for ensuring they have adequate insurance cover. OUTDOORCHEF excludes all liability for any personal injury or property damage arising from the BARBECUE COURSES and events it organises, to the extent permitted by law. This disclaimer covers, in particular but not exclusively, injuries caused by cutting equipment provided, burns caused by and on the barbecue equipment, food poisoning and allergic reactions. OUTDOORCHEF accepts no responsibility for the suitability of the food and drink provided for the COURSE PARTICIPANTS’ health.

VII. DATA PROTECTION

OUTDOORCHEF complies with the relevant legal provisions when processing personal data. By registering, COURSE PARTICIPANTS agree that OUTDOORCHEF may process the data provided for the purpose of organising and conducting the BARBECUE COURSES and for sending further offers from OUTDOORCHEF. This consent may be withdrawn at any time.

VIII. SEVERABILITY CLAUSE

Should one or more provisions of these General Terms and Conditions or of a contract prove to be invalid or incomplete, this shall not affect the remainder of the contract. The invalid provision shall be replaced by a provision which, in a legally valid manner, most closely approximates the economic purpose of the invalid provision. The same shall apply to any gaps in the contract.

IX. AMENDMENTS

OUTDOORCHEF may amend these Terms and Conditions at any time. COURSE PARTICIPANTS will be informed of any amendments in advance by email or by other appropriate means. Amendments may also be made by publication on the OUTDOORCHEF website.

The currently valid version of the Terms and Conditions is available on the OUTDOORCHEF homepage at www.outdoorchef.com. In principle, the version of the Terms and Conditions in force at the time the contract was concluded applies to the COURSE PARTICIPANT, unless the COURSE PARTICIPANT has agreed to a more recent version of the Terms and Conditions.

X. GOVERNING LAW AND JURISDICTION

The legal relationship between the COURSE PARTICIPANTS and OUTDOORCHEF is governed by Swiss law, to the exclusion of conflict-of-law provisions. The exclusive place of jurisdiction for all disputes arising from the performance of this contract or the BARBECUE COURSE is OUTDOORCHEF’s registered office.

Further information may be requested at the following address:

Outdoorchef AG, Eggbühlstrasse 28, P.O. Box, 8050 Zurich.

Date: 1 November 2024