General conditions of sale
The deliveries, services and offers of the online shop "Julio, Gisel", chemin Sur-Rang 9, 1234 Vessy, are made exclusively on the basis of these general terms and conditions of business, even if they have not been expressly agreed again. By ordering the goods or services, the present conditions are considered accepted. The application of the customer's general terms and conditions of purchase is excluded. Deviations from the general terms and conditions of business are only valid if confirmed in writing by "Julio, Gisel".
2. Offer and conclusion of the contract
The offers of "Julio, Gisel" in the price lists and advertisements are not legally binding, but represent an invitation to the customer to make an offer for the respective binding order. Offers such as verified returns and liquidations are excluded from the binding nature of the availability.
By clicking on the "Order" button in the online shop, the customer submits a binding order for the products listed on the order page. "Julio, Gisel" will confirm receipt of the order immediately after receiving it. Orders are only binding for "Julio, Gisel" after written order confirmation. If it becomes apparent after the confirmation of the order that the delivery of the goods is not possible or that there is a price error, the order will be cancelled or, in the case of price errors and the goods have already been delivered, the customer will be asked to pay the price difference. In case of price errors and if the customer does not agree with the charging of the price difference, he is entitled to return the goods to "Julio, Gisel". In any case, the customer is not entitled to make any further claims against "Julio, Gisel".
The information in the sales documents (pictures, illustrations, dimensions, weights and other services) are provided for information purposes only and do not constitute a guarantee of promised qualities, unless they have been expressly designated as binding in writing.
If the customer exceeds his credit limit during an order, "Julio, Gisel" is released from his obligation to deliver.
"Julio, Gisel" reserves the right to carry out an age check before handing over or delivering the goods.
The prices stated in the order confirmation shall apply. They are fixed for goods in stock at the time of the order. In the event of delivery and procurement difficulties, the price valid on the day of the order shall apply. The prices are in Swiss francs and include the statutory value added tax. Transport costs are payable in addition, unless otherwise agreed. The current prices are published in the online shop; price changes and errors are reserved.
4. Terms of delivery
Unless expressly agreed otherwise in writing, delivery dates and periods are only indicative. The specification of delivery dates and periods by "Julio, Gisel" is subject to the receipt by "Julio, Gisel" of correct and timely deliveries from its suppliers and manufacturers.
During delivery and assembly, the customer is obliged to ensure sufficient access for the goods.
Visible quantity differences must be reported immediately in writing upon receipt of the goods; hidden quantity differences must be reported to "Julio, Gisel" and the carrier within 4 days of receipt of the goods. Complaints about damage, delay, loss or defective packaging must be reported immediately after receipt of the goods.
5. Delayed acceptance
If the customer refuses to accept the goods after the expiry of an agreed period of grace or declares that he does not wish to accept the goods, "Julio, Gisel" may refuse to perform the contract and claim damages due to non-performance. "Julio, Gisel" may, at its own discretion, demand a lump sum of 25% of the agreed purchase price as compensation for damages or compensation for the damage actually suffered.
6. Transfert des risques
The risk passes to the customer as soon as the shipment has been handed over to the transport company. If the shipment is delayed or becomes impossible through no fault of "Julio, Gisel", the risk passes to the customer upon notification that the goods are ready to be shipped. The assumption of transport costs by Julio, Gisel in a particular case does not affect the passing of risk.
Unless otherwise expressly agreed in writing, "Julio, Gisel" or the supplier/manufacturer warrants the product ordered to be free of defects and functional for a period of two years after delivery or collection at one of the "Julio, Gisel" collection points.
If the operating or maintenance instructions are not followed, or if modifications are made, parts are replaced or consumable materials are used which do not comply with the original specifications, all warranty claims shall lapse, provided that a defect has been caused thereby. This shall also apply if the defect is attributable to improper use, storage or handling of the products by third parties.
Non-essential deviations from the promised qualities of the goods do not give rise to any warranty claims. Any liability for normal wear and tear is excluded.
In case of warranty, the customer is entitled to repair, replacement or cancellation. Julio, Gisel" is entitled to choose the method of rectification of the defect. If Julio, Gisel chooses to withdraw from the contract, an amount will be credited to the current price (at most the sales price at the time of the order).
In the event of the occurrence of a warranty event, the warranty period shall continue to run and shall not be interrupted.
The exchange of parts and components does not result in a new warranty period.
Warranty claims against "Julio, Gisel" shall belong exclusively to the direct customer and shall not be transferable.
The legal guarantee is totally excluded.
Customers have the right to return goods within 14 days of receipt. The right of return is exercised by returning the goods; however, the goods must not have been opened or used. The return of the order must be announced in the customer account of the online store; "Julio, Gisel" will then send a return ticket to the customer by e-mail.
The exercise of the right of return leads to the transformation of the sales contract into a relationship of restitution where the services received under the sales contract must be returned.
After receipt of the goods, the purchase price already paid will be credited to the customer's account. However, we reserve the right to withhold the purchase price or to charge for any damage, excessive wear and tear of the goods or, if agreed, for the costs of shipping the goods. "Julio, Gisel" may refuse to credit the amount until it has received the returned goods or until the customer has provided proof that he has returned the goods, whichever comes first.
For returns of defective goods, "Julio, Gisel" also requires the return or delivery of the defective parts.
In any case, the customer is responsible for packing the returned goods so that they are suitable for transport. The customer will be charged for any damage/loss of goods caused by improper packaging. If the customer entrusts the goods to a forwarding agent, he/she assumes the risk of safe transport of the goods. The risk will only pass to Julio, a friend of light when the goods are received by Julio, Gisel.
Invoices, depending on the agreement, are payable in cash or ten days net, unless otherwise agreed. The payment methods available are published in the online store. "Julio, Gisel" reserves the right to carry out a credit check according to the credit rating page if necessary. Data protection de « Julio, Gisel ».
A payment is only considered to have been made when "Julio, Gisel" can dispose of the amount.
If payment is not made within the above-mentioned period, the customer shall be in default and "Julio, Gisel" shall be entitled to charge interest on arrears of 5% from the relevant date. During the period of default, "Julio, Gisel" is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the cancellation of the contract. All claims become due immediately if the customer is in default, culpably violates other essential contractual obligations or if "Julio, Gisel" becomes aware of circumstances that could reduce the customer's creditworthiness, in particular in the event of suspension of payments or the commencement of composition or settlement proceedings. In such cases, "Julio, Gisel" is entitled to withhold outstanding deliveries or to execute them only against advance payment or provision of securities.
10. Limitation of liability
Claims for damages based on impossibility of performance, breach of contract, culpability at the time of conclusion of the contract or unlawful acts are excluded both against "Julio, Gisel" and against its vicarious agents and substitutes, unless they are responsible for intentional or grossly negligent actions. Any liability for consequential damages resulting from the use of the products is excluded.
11. Data Protection
"Julio, Gisel" undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the Privacy Statement. This constitutes an integral part of these general conditions of sale. Therefore, by accepting the general conditions of sale, the customer also accepts the Data protection.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Geneva. The contractual relations are governed by Swiss law.
13. Final provisions
"Julio, Gisel" reserves the right to modify the general terms and conditions of sale at any time
Should any provision of these General Terms and Conditions of Business be invalid, the validity of the remaining provisions and the General Terms and Conditions of Business as a whole shall not be affected. In this case, the relevant legal provisions shall apply instead of the invalid provision.