1. General information, scope of application

The following General Terms and Conditions form an integral part of every contract concluded between our company, Joulia SA, and a customer. They are enclosed with every quotation. Accordingly, they are deemed to be known and accepted without reservation when an order is placed, a contract is concluded, or the goods are taken into possession. They take precedence over any other general terms and conditions; side agreements, assurances, or product-specific conditions remain subject to change and must in any case be agreed to in writing by two authorized employees of Joulia SA. Joulia SA reserves the right to change these general terms and conditions at any time.

2. Offers

All offers on websites, in catalogs, brochures, exhibitions, etc. are subject to change and non-binding. Joulia SA is only bound by offers that are personally addressed to our customers. The product range may be changed at any time without prior notice. Joulia SA is not obliged to keep all items listed on websites, in catalogs, brochures, exhibitions, etc. in stock.

3. Prices

Prices are based on the price lists valid at the time of conclusion of the contract. Joulia SA reserves the right to change the prices quoted at any time without prior notice. Unless otherwise stated, prices are quoted ex warehouse Joulia SA. Prices are quoted in Swiss francs (CHF) or euros (EUR).

4. Transportation, packaging materials, and other costs

Any costs for transport, packaging, pallets, unloading, cranes, special machinery, installation, etc. are not included in our prices. These costs may increase, in particular due to fluctuations in fuel prices and adjustments to the LSVA (heavy vehicle toll).

4.1 Transportation Costs

Transport costs are always 3% of the value of the goods, but at least $20.00 excluding VAT. Transport outside Switzerland is charged at cost.

4.2 Express Surcharges

Orders must be received by Joulia SA in writing by 12 noon on Monday and 12 noon on Thursday in order to be shipped the following day. For deliveries outside this order window (shipments are made on Tuesdays and Fridays), an express surcharge of CHF 150.00 excluding VAT will be applied. 

4.3 Surcharges for Partial Deliveries

If the gutter and cover are delivered separately, a partial delivery surcharge of CHF 85.00 excluding VAT will be applied.

5. Deliveries

5.1 Delivery Times

Joulia SA makes every effort to meet delivery deadlines. However, these are only approximate and are in no way binding on Joulia SA. Failure to meet these deadlines does not entitle the customer to rescind the contract or to claim compensation from Joulia SA. In particular, force majeure, strikes, suspension of operations, production constraints, damage to production facilities, delayed delivery or non-delivery by a supplier, operational or traffic disruptions, or similar unforeseen events beyond our control, release Joulia SA from the obligation to fulfill concluded contracts within the agreed deliveryor even from fulfilling them in their entirety in the event that delivery is impossible. The agreed delivery periods apply from the conclusion of the contract, but no earlier than upon receipt of all information required from the customer. If delivery on call has been agreed upon, the customer is obligated to call off the goods within the agreed-upon period or deadline; unless a specific period or deadline has been set, this shall not exceed six months from the conclusion of the contract. Upon expiration of this period, Joulia SA is entitled to demand immediate performance of the contract. If Joulia SA’s suppliers increase their prices before the delivery or a partial delivery is called off, these increases will be passed on for deliveries or partial deliveries that have not yet been called off.

5.2 Transportation and Unloading

Our goods are delivered by Joulia SA itself or by a shipping company we have commissioned to the address specified in the quote, order confirmation, or as specified by the customer, provided that the unloading location is easily accessible by our vehicles. Upon unloading, the goods will be placed on the ground next to the vehicle. The recipient must provide the necessary assistance during unloading. Joulia SA will bill for any waiting time according to the applicable rate. If the delivery has been notified but the customer or a person authorized by the customer is not present at the time of delivery, the goods shall be deemed to have been properly delivered upon unloading. The customer must report any damage incurred during transport in writing to the Joulia SA sales location responsible for the delivery and to the carrier within 48 hours of accepting the goods.

6. Transfer of benefits and risks

The benefits and risks are transferred from Joulia SA to the customer upon delivery of the goods from the point of sale or warehouse, even if the delivery is carriage paid or subject to a similar clause. The only exceptions to this are deliveries made by Joulia SA or on its behalf by the supplier, in which case the benefits and risks are transferred to the customer upon unloading.

All intellectual property and know-how belonging to Joulia SA in relation to all information, documents, procedures, data, samples, objects, know-how, software, etc. made available to the customer within the scope of the contract shall remain the property of Joulia SA and may not be sold or used without the permission of Joulia SA. software, etc. provided to the customer within the scope of the contract remains the property of Joulia SA and may not be sold or used without the permission of Joulia SA. If these items are subject to copyright, Joulia SA expressly reserves the copyrights thereto.

Minor deviations in dimensions, surface finish, weight, and color that are customary in the trade or result from the manufacturing process, and, in general, any differences that do not deviate from applicable standards shall not be considered defects, provided that the delivered goods are fit for their intended use. Furthermore, no defects shall be deemed to exist in the following cases: failure to comply with recognized industry standards; improper handling, use, installation, or storage; violations of technical instructions or installation and maintenance instructions; Violations of design or other specifications of our suppliers or manufacturers; natural wear and tear or excessive stress.

 The customer or the driver designated by the customer must inspect the condition of the goods immediately upon receipt. Joulia SA will only consider complaints regarding the goods or claims due to incomplete or incorrect delivery if they are submitted in writing to the delivering sales location no later than seven business days after receipt of the goods, along with the delivery documents or the invoice. Defects that are not apparent upon immediate inspection must be reported immediately upon discovery. If the customer fails to do so, the goods shall be deemed accepted. The defects must be described in detail. Under no circumstances may goods that are the subject of a complaint be installed or otherwise used; otherwise, they are deemed to have been accepted. Joulia SA will forward the complaint to the relevant supplier or manufacturer.

8.3 Statute of Limitations

The warranty period is five years for the shower channel or shower tray with integrated heat exchanger and two years for the corresponding shower deck from the date of invoice.

8.4 Warranty Services

In the event of valid complaints regarding defects and warranty claims, Joulia SA is entitled, at its discretion, to replace or repair the defective goods at its own expense at its facility in Biel, or to grant a price reduction, or to rescind the purchase. The costs for removal and reinstallation, as well as for transportation, shall be borne by the customer. Joulia SA provides the same warranty for repaired or replaced goods as for the original product. Replaced or returned parts become the property of Joulia SA. In special cases, Joulia SA may cover all or part of the installation and removal costs, as well as the transportation and service charges, provided these are reasonably proportionate to the value of the goods subject to complaint. Any further claims, in particular for compensation for damages that did not arise in any way from the delivered goods themselves (direct and indirect damages), are excluded.  Notifications of defects and warranty claims do not release the customer from the obligation to make timely payment.

9. Liability

Joulia SA shall only be liable in the event of proven unlawful intent or gross negligence and only for direct damages. Any further claims for damages by the customer against Joulia SA, in particular those arising from culpa in contrahendo, positive breach of contract, breach of ancillary contractual obligations, consequential damage due to defects, tort, delay, impossibility, and infringement of third-party property rights, are excluded. Furthermore, Joulia SA shall not be liable for damage resulting from natural wear and tear, improper or inappropriate use, faulty assembly or commissioning by the customer or third parties, faulty or negligent handling and excessive strain, or other reasons for which Joulia SA is not responsible. The same applies if the customer or third party does not immediately give Joulia SA the opportunity to remedy a defect when it occurs.

Exchanges and returns of goods are only possible with the agreement of Joulia SA. Special orders and goods that Joulia SA does not stock or that were delivered ex-works will not be taken back. Any transport and packaging costs shall be borne by the customer in all cases. Expired goods and opened packaging will not be exchanged or returned. Returned goods will only be accepted in perfect condition; they will be credited with a deduction of at least 20% of the invoice price. Item: 1–0‑0–0.0 will be disposed of properly upon return and will not be credited.

The payment term is generally 30 days net from the invoice date for deliveries within Switzerland. Deliveries outside Switzerland are generally only made against advance payment. Where circumstances require, in particular for orders of individual, special, or custom-made products, Joulia SA is authorized to demand cash payment, deposits, securities, advance payments, or payment before the payment deadline. If the payment deadline is exceeded, the customer shall be in default without a separate reminder. Joulia SA is entitled to demand reminder fees and interest on arrears at the usual commercial rates. Customers who have exhausted their credit limit or who are more than one month in arrears with their payments may be blocked from further deliveries on credit with immediate effect and without special notice. In the event of default by the customer, Joulia SA may withhold further deliveries until the default has been remedied; if this does not happen, Joulia SA may withdraw from the contract. Joulia SA reserves the right to take back the goods sold in the event of late payment. Deductions without credit notes are not permitted. Any unauthorized cash discounts will be automatically charged. If a cash discount has been agreed, it may only be calculated after the credit note has been deducted. Payment by credit card does not give rise to a cash discount.

Joulia SA and the customer hereby expressly agree on a retention of title, valid for all purchase contracts concluded between the parties. The customer therefore does not become the owner of the goods sold upon taking possession, but only upon payment of the full agreed purchase price. Joulia SA is therefore authorized to unilaterally arrange for the entry of this retention of title in the public register at the enforcement office at its own expense.

Changes in the customer's circumstances, such as late payment, difficulties in making payments, suspension of payments, and the initiation of bankruptcy proceedings and lawsuits entitle Joulia SA to immediately withdraw from any delivery obligations.

The place of performance is the registered office of Joulia SA. The registered office of Joulia SA shall be the exclusive place of jurisdiction for all disputes that may arise from the contract or these General Terms and Conditions. The contract and these General Terms and Conditions are subject to Swiss law. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

_

Published in March 2021