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.
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.
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).
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. Partial delivery surcharges
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 times. However, these are only approximate and are not binding on Joulia SA. Failure to meet delivery times does not entitle the customer to withdraw from the contract or to claim compensation from Joulia SA. In particular, force majeure, strikes, work stoppages, production restrictions, damage to production facilities, delays in delivery or non-delivery by a supplier, operational or traffic disruptions, or similar unforeseen events beyond our control shall release Joulia SA from the fulfillment of concluded contracts within the agreed delivery periodor even from fulfilling them entirely in the event of delivery impossibility. The agreed delivery times apply from the conclusion of the contract, but at the earliest after receipt of all information required by the customer. If delivery on call has been agreed, the customer is obliged to call off the goods within the agreed period/date; unless a specific period/date has been specified, this shall be a maximum of six months from the conclusion of the contract. After this period has expired, Joulia SA is entitled to demand immediate fulfillment of the contract. If Joulia SA's suppliers increase their prices before the delivery or partial delivery is called off, these will be passed on for deliveries or partial deliveries that have not yet been called off.
5.2. Transport and unloading
Our goods are delivered by Joulia SA itself or by a transport company commissioned by us to the address specified in the quotation, order confirmation, or to the address specified by the customer, whereby the unloading location must be easily accessible by our vehicles. Upon unloading, the goods are placed on the ground next to the vehicle. The recipient must provide the necessary assistance for unloading the goods. Joulia SA will charge for any waiting time at the applicable rate. If delivery has been notified but the customer or a person authorized by them is not present at the time of delivery, the goods shall be deemed to have been duly handed over upon unloading. Any transport damage must be reported in writing by the customer to the delivering sales outlet of Joulia SA and the carrier within 48 hours of receipt of the goods.
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.
8.1. Defects
Minor deviations in dimensions, surface properties, weight, and color that are customary in the trade or due to manufacturing techniques, and, in general, any differences that do not deviate from the applicable standards shall not be considered defects, provided that the delivered goods are suitable for their intended use. There shall also be no defects in the following cases: Disregard of recognized rules of the construction industry; improper handling, use, implementation, or storage; violations of technical instructions or assembly and maintenance instructions; violations of construction or other regulations of our suppliers or manufacturers; natural wear and tear or excessive strain.
8.2. Complaints
The customer or the driver appointed by them must check the condition of the goods immediately upon receipt. Complaints regarding the goods and complaints due to incomplete or incorrect delivery will only be considered by Joulia SA if they are made in writing to the delivering sales outlet within seven working days of receipt of the goods at the latest, with the delivery documents or invoice. Defects that are not apparent upon immediate inspection must be reported immediately after they are discovered. If the customer fails to do so, the goods shall be deemed to have been approved. The defects must be described in detail. Under no circumstances may rejected goods be installed or used further; otherwise, they shall be deemed to have been approved. Joulia SA shall 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 justified complaints and warranty claims, Joulia SA is entitled, at its discretion, to replace or repair the defective goods at its own expense at its factory in Biel, or to grant a price reduction, or to cancel the purchase. The costs for removal and reinstallation as well as for transport shall be borne by the customer. Joulia SA provides the same warranty for repaired or replaced goods as for the original service. 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 transport and service fees, provided that these are reasonable in relation to the value of the goods complained about. Further claims, in particular for compensation for damage that has not occurred in any way to the delivered goods themselves (direct and indirect damage), are excluded. Complaints and warranty claims do not release the customer from the obligation to make timely payment.
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.
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Published in March 20211-
Joulia SA
Zentralstrasse 115
2503 Biel-Bienne
Switzerland
Its use in 39 bathrooms enabled a 10% reduction in building services, saving up to CHF 20,000 in construction costs. In operation, Joulia reduces ancillary costs by CHF 8,400 annually and is a decisive factor in achieving 85% self-sufficiency in winter.
