Version: 01.10.2025

1. Applicability
   1. These General Terms and Conditions (“GTC“) apply to all services provided by Fokus Garten GmbH, UID CHE-326.505.183 (hereinafter “Fokus Garten GmbH“) to clients of any kind (hereinafter “Client“). This specifically includes planning, consulting, and administrative services in the field of garden and landscape construction, as well as the trade of products of any kind.
   2. The GTC are part of every contract concluded between Fokus Garten GmbH and the Client. A contract is considered concluded once Fokus Garten GmbH has sent written confirmation by e-mail or postal mail.
   3. Deviating conditions of the Client only apply if Fokus Garten GmbH has explicitly agreed in writing.
2. Rights and Obligations of the Client
   1. After confirmation by Fokus Garten GmbH, the order of a service is binding, even if it was based on incorrect assumptions or mistakes by the Client.
   2. The Client may specify the scope and any limitations of the order at their own discretion, except for the service Offer Check, whose terms are stated on the website www.fokusgarten.ch.
   3. The Client may cancel the order in writing at any time without giving reasons. Any costs already incurred must be fully borne by the Client.
   4. Appointment cancellations must be made at least 24 hours in advance. Later cancellations may result in invoicing for any resulting idle time by Fokus Garten GmbH.
   5. The Client shall provide Fokus Garten GmbH with all necessary and requested documents and information for the fulfillment of the order in a timely and cost-free manner. The Client shall proactively inform Fokus Garten GmbH of all relevant events, incidents, persons, companies, or organizations involved or affected that may be significant for the execution of the order.
3. Rights and Obligations of Fokus Garten GmbH
   1. Fokus Garten GmbH performs its services in compliance with laws, standards, and the rules of craftsmanship, to the best of its knowledge and belief, independently of any involved companies (executing contractors).
   2. Fokus Garten GmbH may reject an order, in whole or in part, at any time without providing reasons.
   3. If accessing a property is necessary to provide the ordered service, the Client grants Fokus Garten GmbH permission to inspect and enter the property, and to take photos and videos to document situations on the premises.
   4. Fokus Garten GmbH may involve suitable assistants at its discretion to carry out the order.
   5. Involving additional specialists or experts requires the prior written consent of the Client. Fokus Garten GmbH is responsible for the proper selection and instruction of such experts, but not for their activities or the results thereof.
   6. Appointment agreements are non-binding unless explicitly agreed in writing as binding.
4. Confidentiality
   1. Fokus Garten GmbH undertakes to maintain confidentiality regarding the order and its results.
   2. Objective findings, including photos and videos, may be used by Fokus Garten GmbH in neutral or anonymized form for professional purposes (e.g., trainings), provided no conclusions about the Client are possible.
   3. Disclosure is only permitted if required by law, by final court order, or if the Client has released Fokus Garten GmbH from confidentiality in writing.
5. Design, Delivery and Copyright
   1. The design of the services, especially design concepts and similar work, is at the discretion of Fokus Garten GmbH (creative freedom). Fokus Garten GmbH decides on the technical and graphical means as well as the selection of implementation methods, unless otherwise agreed in writing by the Client.
   2. There is no guarantee that the Client will be satisfied with the creative work. Agreed correction rounds only include minor adjustments to already created documents. Additional changes will be invoiced based on effort.
   3. Fokus Garten GmbH retains copyright of all created works.
   4. Documents are generally delivered digitally in PDF format. The Client expressly agrees that Fokus Garten GmbH may use external IT service providers and cloud providers with servers in Switzerland or abroad and may employ IT services and communication tools (e.g., unencrypted e-mail, video calls, data transfer platforms), which may involve data security risks.
   5. The Client may only use the works for the agreed purpose. Reproduction or publication (fully or partially) is only permitted with prior written consent from Fokus Garten GmbH.
   6. If Fokus Garten GmbH wishes to use documents, photos, or videos for marketing purposes (website, print, social media, etc.), the Client’s written consent is required if such use allows conclusions about the Client.
6. Liability
   1. Fokus Garten GmbH is only liable for defective performance if defects are justified and reported in writing immediately (generally within one week of delivery). Except for tortious acts, the Client is only entitled to free rectification or replacement.
   2. Liability exists only for intentional or grossly negligent damage. Liability for slight negligence, indirect damages, or consequential damages (e.g., additional costs or lost profits) is excluded.
   3. Fokus Garten GmbH is not liable for damages due to technical problems, server failures, data loss, transmission errors, theft, transport damage, third-party errors, or force majeure. No liability exists for archived documents – Fokus Garten GmbH is not obliged to archive them.
   4. Specified delivery times are non-binding unless explicitly agreed in writing as binding.
   5. Claims for damages due to errors in illustrations, prices, or texts, or due to delayed or omitted delivery are excluded.
   6. Fokus Garten GmbH disclaims liability for recommendations of companies for practical work (e.g., garden and landscape construction). The final selection of executing companies (and associated risks and opportunities) lies exclusively with the Client.
   7. Fokus Garten GmbH is not liable for poor workmanship or other deficiencies by contractors.
7. Remuneration
   1. The remuneration owed by the Client to Fokus Garten GmbH is determined by the contractual agreement.
   2. Fokus Garten GmbH may invoice advance or partial payments before and during the execution of the order.
   3. Full payment is due upon completion of the order, i.e., upon delivery of the documents to the Client (usually electronically in PDF format). Set-off against claims of the Client is excluded.
   4. In the event of late payment, Fokus Garten GmbH may charge default interest and reminder fees.
8. Final Provisions
   1. Amendments and supplements to these GTC must be in writing.
   2. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.
   3. All legal relationships between Fokus Garten GmbH and the Client are governed by Swiss law.
   4. The exclusive place of jurisdiction for all disputes arising from or in connection with a contract between Fokus Garten GmbH and the Client, including disputes regarding formation, validity, amendment, or termination of a contract, is the registered office of Fokus Garten GmbH (currently Oberkirch LU), subject to appeals to the Swiss Federal Supreme Court.

Oberkirch LU, 01.10.2025