TERMS AND CONDITIONS — GARDENING & OUTDOOR AREAS — MeinTüftler

General Terms and Conditions — Gardening & Outdoor Areas

Company: Dynaev GMBH | Kirchstrasse 67 | 6473 Silenen | Canton Uri | UID: CHE-146.148.688

§1 Scope and Contracting Party

Dynaev GMBH provides gardening and outdoor area services under the brand «MeinTüftler». The sole contractual partner is Dynaev GMBH. These T&C apply to B2C and B2B clients.

§1 Scope and Contracting Party

§2 Scope of Services

2.1 Services: Garden maintenance, lawn mowing, hedge and tree pruning (up to 5m height), planting work, garden design, seasonal maintenance (spring/autumn), snow clearing and winter service (separate contract).

2.2 Applicable Standards: Gardening work is carried out in accordance with the guidelines of JardinSuisse (Swiss Contractors' Association for Gardening and Landscaping) and SIA Standard 318 (Gardening and Landscaping).

2.3 Limits: No tree felling above 5m without special certification and official permit; no drainage works; no masonry without separate agreement; no application of plant protection products requiring an official licence (AgricA/ChemRRV).

§3 Offer and Contract Conclusion

3.1 Offer after personal site visit or photographs. Garden design concepts may be chargeable (credited upon order placement). Offer validity: 14 days.

3.2 Contract concluded in writing (email, WhatsApp, online confirmation).

§4 Prices and Payment Terms

3.2 Contract concluded in writing (email, WhatsApp, online confirmation).

§4 Prices and Payment Terms

All prices in CHF. Dynaev GMBH is not subject to value added tax (Art. 10 Para. 2 lit. a Swiss VAT Act). No VAT is charged.

Garden maintenance (standard): CHF 65.– to CHF 85.–/hour/person

Garden design/specialist work: CHF 80.– to CHF 110.–/hour/person

Materials and plants: purchase price + 15% handling

Travel: within ±20km of Silenen included in minimum charge; beyond that CHF 0.80/km

Payment methods: cash payment; bank transfer (QR bill/eBill, CH IBAN); TWINT; Visa/Mastercard; PayPal. The payment method available for the specific order is bindingly indicated in the offer, order confirmation, payment link or invoice. Undisputed portions of claims remain payable on time even in case of complaint; disputed items are reviewed under the complaint procedure.

Payment processing: Technical payment processing is carried out via Stripe and/or PostFinance and their connected acceptance partners.

TWINT notice: If TWINT is selected, service performance may be provided at a later time. The service date stated in the offer/order confirmation is decisive.

§5 Cancellation Policy

Green waste disposal: CHF 15.–/bag (80L)

Fee

§5 Cancellation Policy

§6 Weather Clause

In the event of rain, frost (below 5°C), storm, or other adverse weather conditions, Dynaev GMBH may reschedule the appointment free of charge. Notification at least 2 hours before the planned start. This clause covers ordinary adverse weather; for extraordinary natural disasters (floods, landslides etc.) §17 Force Majeure applies with the right to terminate the contract. Note: Pursuant to SIA Standard 318, mortar work must not be carried out at daytime temperatures below 5°C or night temperatures below 2°C.

§7 Client Obligations

Access to the property at the agreed time

Complete information about underground pipes (water, gas, electricity, telecommunications)

Information on property boundaries and sensitive plants

100% minimum charge

§6 Weather Clause

Liability for damage due to incorrect or incomplete information

§7 Client Obligations

§8 Warranty for Garden Work (JardinSuisse Standard)

8.1 Strutture fisse (fondazioni, terrazzi, muri, vialetti): 5 anni ex art. 371 par. 1 Codice delle obbligazioni svizzero.

8.2 Planting Work and Moveable Items: 2 years from acceptance.

8.3 Plant Establishment Guarantee (Planting Guarantee):

8.4 Exclusions from Plant Establishment Guarantee (per JardinSuisse industry standard / SIA 318):

§8 Warranty for Garden Work (JardinSuisse Standard)

8.1 Strutture fisse (fondazioni, terrazzi, muri, vialetti): 5 anni ex art. 371 par. 1 Codice delle obbligazioni svizzero.

8.2 Planting Work and Moveable Items: 2 years from acceptance.

8.3 Plant Establishment Guarantee (Planting Guarantee):

Specific weeds (e.g., crabgrass, buttercup, couch grass)

Unsuitable soil conditions not recognisable despite site visit

Drought/water deficiency due to neglected irrigation

Plants planted at an unsuitable location at the client's express request

§9 Liability

9.1 Responsabilità solo in caso di negligenza grave o dolo (art. 100 cpv. 1 Codice delle obbligazioni svizzero).

9.2 Liability Limit: CHF 30,000.– per claim.

9.3 Commercial Liability Insurance: Angaben zur Betriebshaftpflicht (Versicherer, Deckungssumme, Geltungsbereich) werden dem Auftraggeber auf Anfrage in der jeweils aktuellen Fassung zur Verfügung gestellt..

8.4 Exclusions from Plant Establishment Guarantee (per JardinSuisse industry standard / SIA 318):

§10 Ongoing Garden Maintenance Contracts

10.1 Available seasonally (April–October) or year-round.

10.2 Minimum term: 3 months.

10.3 Notice period: 4 weeks to the end of the month.

§11 Snow Clearing and Winter Service

11.1 Separate seasonal winter service contract (term: October–March).

11.2 Response Time: 2 hours after onset of snowfall or icing.

§9 Liability

9.1 Responsabilità solo in caso di negligenza grave o dolo (art. 100 cpv. 1 Codice delle obbligazioni svizzero).

9.2 Liability Limit: CHF 30,000.– per claim.

9.4 Exclusions: Damage from undeclared underground pipes; animal damage after contract completion; weather damage after contract completion; damage to materials unsuitable for frost and salt conditions (client's responsibility if self-selected).

§10 Ongoing Garden Maintenance Contracts

10.1 Available seasonally (April–October) or year-round.

10.2 Minimum term: 3 months.

10.3 Notice period: 4 weeks to the end of the month.

§11 Snow Clearing and Winter Service

11.1 Separate seasonal winter service contract (term: October–March).

11.2 Response Time: 2 hours after onset of snowfall or icing.

11.3 De-icing Materials: Use of grit in accordance with the Environmental Protection Act (EPA) and Water Protection Act. Pure rock salt only in exceptional cases and in accordance with municipal regulations.

11.4 Clearance Log: Every winter service operation is documented (date, time, measures taken). The log serves as evidence of liability in the event of a claim.

11.5 Winter Service Liability: The service provider's liability for personal injury due to icy conditions is excluded, provided the contractually agreed response times were adhered to and a complete clearance log is available. The primary duty of road safety remains with the property owner (client).

§12–14 Data Protection | Jurisdiction | Severability Clause

4. If the client explicitly requests performance to start before expiry of any potentially applicable cooling-off period, services already rendered remain payable.

§13 Place of Jurisdiction and Applicable Law

5. Per i contratti di lavoro e di servizi, l'art. 377 Codice delle obbligazioni svizzero rimane riservato.

§14 Severability clause

§17 Force Majeure and Weather Events

§15 Non-Solicitation Clause

17.1 Extended Weather Clause: In addition to the weather clause (§6), the following constitute force majeure in the gardening context: extraordinary dry periods with water usage bans, pest calamities (officially ordered quarantine measures), natural disasters (landslides, flooding in Canton Uri), official access prohibitions.

§16 Withdrawal and Cancellation for Distance Contracts

17.2 General Force Majeure: Pandemics, strikes, official orders, supply interruptions, unforeseeable material shortages (e.g., plant supply bottlenecks).

17.3 Legal Consequences: Release from the obligation to perform without liability. Pro rata refund of payments already made. Free rescheduling.

17.4 Winter Service Special Rule: Extreme weather events endangering personnel safety justify temporary service interruption; the client will be notified immediately.

17.5 Duration: If force majeure lasts longer than 30 days, both parties have the right to dissolve the contract without cost consequences.

§17 Force Majeure and Weather Events

17.2 General Force Majeure: Pandemics, strikes, official orders, supply interruptions, unforeseeable material shortages (e.g., plant supply bottlenecks).

17.3 Legal Consequences: Release from the obligation to perform without liability. Pro rata refund of payments already made. Free rescheduling.

17.4 Winter Service Special Rule: Extreme weather events endangering personnel safety justify temporary service interruption; the client will be notified immediately.

§18 Complaints Procedure and Dispute Resolution

18.1 Internal Complaint: Complaints in writing to support@dynaev.ch | +41 44 442 01 38 — processed within 5 working days. For plant failures: documentation with photographs required.

18.2 Plant Establishment Guarantee Claims: Pursuant to procedure §8.3–8.4 (JardinSuisse standard). Written notification with photo documentation within 5 days of discovery.

18.3 Mediation: For unresolved disputes: mediation service of Canton Uri. Mandatory mediation attempt before initiating legal proceedings (CPC Art. 197 ff.).

18.4 Venue: Mandatory statutory venues remain reserved; subsidiary venue is Silenen, Canton Uri.

Available at: https://www.meintueftler.ch/agb/garten