1. Scope

These General Terms and Conditions (hereinafter “GTC”) apply to the ordering and purchase of all products from the Circle Sleep® range of riposa AG (hereinafter “riposa”), which are intended by riposa for direct sale (on-site, online, at trade fairs or at fixed and mobile sales stands) to end customers (hereinafter “customer”).

The customer's General Terms and Conditions are not deemed to have been agreed without the express written consent of riposa.

Individual written agreements between riposa and the customer take precedence over these GTC.

2. Product range

The Circle Sleep® product range (hereinafter “range”) available for direct sale to customers is determined by riposa and may be amended at any time. The listing of products from the range in the online shop, in catalogues or on the riposa website does not necessarily mean that the corresponding products are available for direct sale, nor does it constitute a legally binding offer on the part of riposa.

3. Offer and Conclusion of Contract

By placing an order (online, in writing or verbally in person), the customer submits a binding offer to conclude a purchase contract. The acceptance of the offer by riposa takes place through the dispatch or issuing of an order confirmation or delivery date confirmation/notification, which may also be issued electronically (online message, e-mail, etc.) or by telephone. Mere confirmation of the receipt of the order without a simultaneous promise of order execution or delivery does not constitute an acceptance of the customer’s offer by riposa. riposa is free to reject the customer’s offer without providing justification.

4. Delivery

The products delivered are always in accordance with the images in the online shop, in the catalogues and on the website of riposa. However, they remain subject to minor deviations in size, colour or finish.

The delivery dates are agreed with the customer. Should a product be temporarily unavailable, the customer will be notified. Delays in delivery of up to 60 days do not entitle the customer to claim contractual consequences of default such as withdrawal from the contract, damages, reclaim or reduction of the purchase price, etc. riposa is entitled to make partial deliveries.

If an attempt to deliver remains unsuccessful for reasons for which riposa is not responsible, the customer shall bear the costs for the repeated delivery.

5. Sales price

The sales price is net, including VAT. Offsetting against counterclaims by the customer is excluded. riposa may charge a reminder fee for reminders.

The price stated in the order confirmation includes delivery and assembly of the product at the delivery address in Switzerland or the Principality of Liechtenstein specified by the customer, provided that no exceptional resources are required for this due to the location of the place of delivery. For deliveries outside Switzerland and the Principality of Liechtenstein, the prices for delivery and assembly shall be agreed with the customer on a case-by-case basis.

6. Payment and retention of ownership

riposa accepts the payment methods made available to the customer in the context of the order (cash in advance, online or credit card payments, invoice after delivery).

Until the purchase price has been paid in full, the products remain the property of riposa. riposa is entitled to arrange for the products to be entered in the local retention of ownership register at the customer’s expense.

7. Defects, warranty and liability

The customer is obliged to inspect the products immediately after receipt for any defects and to notify riposa in writing within eight days of the delivery date of any defects discovered and of any suspected defects. If the customer does not comply with this obligation to give notice of defects, these defects shall be deemed to have been approved by him. Concealed defects that only become apparent later despite the fulfilment of the inspection obligation must be reported to riposa in writing immediately after discovery, otherwise they are also deemed to be have been approved.

riposa grants a 10-year guarantee on the serviceability of mattresses and inset frames (flexes) from the range under normal use, which includes material, structure and workmanship defects. The full warranty is two years. After 24 months, the customer shall pay a pro rata share of the cost of repair according to the following percentages:

3rd year 20%
4th year 30%
5th year 40%
6th year 50%
7th year 60%
8th year 70%
9th year 80%
10th year 90%

The warranty claim is valid from the date of purchase, against presentation of the purchase receipt and provided that the serviceability is significantly impaired or excluded.

The warranty does not cover normal softening phenomena or any minor deviations in dimensions, colour and workmanship due to the individual, handcrafted method of making the products, damage and impairments due to normal wear and tear, improper treatment or improper use, excessive use or use for purposes other than the intended purpose, due to accidents, force majeure or as a result of natural hazards and fire, wilful damage and destruction or external influence by persons or pets, or non-compliance with the assembly, care and maintenance instructions. Also excluded are transport and damage from dropping, soiling of any kind, or damage caused by sharp, scratching, angular or pointed objects.

In the case of mattresses, the warranty claim only applies if a suitable slat base with functioning flex properties is used (older flex constructions and flexes with insufficient functionality will destroy a new mattress).

riposa has the right to cover the warranty either with repair or by delivering an equivalent replacement. Further claims are excluded.

riposa shall be liable for any damage occurring in connection with delivery and assembly carried out by riposa.

Beyond this, riposa assumes no further liability towards the customer and any contractual and non-contractual claims for damages by the customer are fully excluded to the extent permitted by law.

In the event of a conflict between any product-specific warranty conditions supplied with riposa’s products and these GTC, the product-specific warranty conditions shall take precedence.

8. Exchange, legal right of withdrawal and recycling

For mattresses from the product range, riposa grants the customer the right to exchange the mattress core free of charge for a period of 30 days from delivery, if this proves to be unsuitable for the customer due to the degree of hardness. The right to exchange only applies to mattress cores for the same mattress model. In the event of a defective mattress or defective products other than mattresses, this right of exchange does not apply and only the provisions on warranty apply (section 7).

The statutory right of withdrawal in the cases provided for by law remains reserved (Art. 40A - 40f of the Swiss Code of Obligations.

The customer may return products purchased from this range to riposa for recycling free of charge against proof of purchase in accordance with the information published on its website.

9. Registration and data protection

In the case of registrations and orders, all information that customers provide about themselves must be true. riposa reserves the right to delete or block customer registrations and access to its online services at any time and without giving reasons.

Further information on the processing of personal data in connection with registrations, orders and other use of the riposa website can be found in the riposa Privacy Policy: https://riposa.ch/datenschutz.

10. Applicable law and jurisdiction

All agreements between the parties shall be governed exclusively by Swiss substantive law to the exclusion of the Vienna Sales Convention.

The courts at the respective registered office of riposa shall have exclusive jurisdiction for all disputes between the parties.

Bilten, 03.08.2021