1 Validity of the conditions
JUL ART's deliveries, services and offers are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. By ordering the goods or services, these terms and conditions shall be deemed to have been accepted. The purchaser's general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions shall only be effective if confirmed in writing by JUL ART.
2 Offer and Conclusion of Contract
The offers of the company JUL ART in price lists and advertisements are subject to confirmation and non-binding. Orders for JUL ART products are only binding after written confirmation. Offers and sales are excluded from the obligation of availability. If a buyer exceeds his credit limit through an order, we are released from our delivery obligation.
The prices stated in our order confirmation are authoritative. These prices are fixed for goods in stock at the time of the order. In the event of delivery bottlenecks, the daily price on the order day. Unless otherwise agreed, prices are quoted exclusive of transport costs and inclusive of statutory value-added tax. The current prices are published in the online shop, subject to price changes and errors.
4 Delivery and service time
Dates and delivery periods are not binding unless expressly agreed otherwise in writing. JUL ART reserves the right to specify specific delivery periods and delivery dates.
5 Default of Acceptance
If the buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after a period of grace set, JUL ART may refuse performance of the contract and claim damages for non-performance. JUL ART is entitled to claim either a lump sum of 25 % of the agreed purchase price or compensation for the actual damage incurred from the purchaser.
On delivery, the accessibility of the goods must be guaranteed by the customer. Visible differences in quantity must be reported in writing to JUL ART and the carrier immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
7 Transfer of Risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of our own, the risk shall pass to the purchaser upon notification of readiness for dispatch. A transfer of transport costs by JUL ART agreed in individual cases has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 3 years, unless expressly agreed otherwise in writing. The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty shall lapse insofar as the defect can be traced back to this. This shall also apply if the defect is due to improper use, storage and handling of the equipment, or to external intervention as well as the opening of equipment. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. Liability for normal wear and tear as well as consumables/accessories/ is excluded. Warranty claims against JUL ART are only due to the direct purchaser and are not transferable.
For returns, we require that the defective part or device is sent or delivered to JUL ART for repair with a completed repair form and a copy of the invoice with which the device was delivered. A return of products by the customer requires the prior consent of JUL ART and will be at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the defect. No new warranty periods shall come into force through the replacement of parts, assemblies or entire devices. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
10 Retention of title
The delivered goods remain the property of JUL ART until full payment has been made.
Payment for any order placed on our website www.thuns.ch must be made either in advance or immediately using the means of payment accepted on our website.Delivery is free of charge, i.e. at the expense of JUL ART by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise in writing. A payment is only considered to have been made when we can dispose of the amount.
12 Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action is present. Any liability for consequential damages resulting from the use of the products shall be rejected.
13 Data protection
14 Severability clause
For all points not regulated here, the Code of Obligations or other applicable rights under Swiss law shall come into force.
Lausanne shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.