Terms & conditions
§ 1 Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the website jouleperformance.com (hereinafter referred to as "Website"). The Website is operated by Littlebit Technology AG (hereinafter referred to as "Littlebit").
The products and services illustrated on the Website are intended exclusively for purchasers resident or domiciled in Switzerland and Lichtenstein.
Littlebit reserves the right to change the GTC at any time. The version of the GTC in force at the time of the order shall be binding in each case.
Any terms and conditions of the Customer that deviate from these GTC shall only apply if and to the extent that they have been expressly confirmed in writing by Littlebit.
§ 2 Conclusion of contract
All information contained on the website regarding products and services as well as images of products are for illustrative purposes and do not constitute an offer. This information and illustrations may be changed at any time. Prices are gross, in Swiss francs, including value added tax (VAT), prepaid recycling fee (vRG) and delivery costs. Littlebit reserves the right to change prices at any time.
The Buyer's web order constitutes a binding offer. The Seller is entitled to accept this offer within one working day. Acceptance is effected by written order confirmation. The acceptance of the offer by Littlebit is exclusively subject to the condition that the product can actually be delivered. The purchase price already paid by the Buyer will be refunded by Littlebit if the product cannot be delivered.
The prices on the website are authoritative for the Buyer's web order. If prices increase between the time of the Customer's web order and delivery, Littlebit will be entitled to invoice the increased prices with immediate written notification. In this case, the Customer will be entitled to cancel the order within 3 days of receipt of the written notification. Littlebit is then entitled, but not obliged, to carry out the delivery at the original price within 3 days of receipt of the cancellation.
Order changes and cancellations by the Buyer may be accepted by Littlebit at its sole discretion. Littlebit will be entitled to charge a handling fee of 25% of the cancelled order value, with a minimum of CHF 75.00.
§ 3 Terms of payment
Littlebit's claims against the Buyer shall become due upon conclusion of the contract. Upon expiry of the period stated in the invoice, the Customer shall be in default if the legal requirements are met, without the need for a reminder. The invoice date and the date on which the money is received in Littlebit's account shall be decisive for the payment deadline.
Payments must be made in Swiss francs. Exceptionally, payments in euros are possible after consultation with Littlebit. Bank transfer, PayPal, PostFinance and credit cards (VISA, MasterCard) are accepted as means of payment. Bills of exchange are not accepted as means of payment. In the event of collection of the product from the business premises of Littlebit in Root (Littlebit Technology AG, Längenbold 5, 6037 Root), payment can only be made in advance or by post and EC card. Cash payment is not possible.
The Buyer's purchase price debt shall only expire when the amount owed has been credited to Littlebit's account or, in the case of cash payment, when Littlebit employees have physically accepted the purchase price at Littlebit's business premises in Root.
If the Customer is in default, Littlebit is entitled to charge interest in the amount of 5%.
If the Customer is in default with regard to a due liability, all claims of Littlebit arising from the business relationship with the Seller will become due immediately, irrespective of any deviating due date agreement. In this case, Littlebit is entitled to refuse further deliveries of products to the Customer or to deliver only against advance payment. Furthermore, in the event of default of payment by the Customer, Littlebit is entitled to withdraw from all contracts concerning orders not yet executed from the purchase relationship between Littlebit and the Customer.
Orders are executed as soon as the product or service is delivered or provided to the Customer or the Customer has collected the product from the premises of Littlebit in Root (Littlebit Technology AG, Längenbold 5, 6037 Root).
§ 4 Delivery and acceptance
Littlebit calculates delivery times with the utmost care. Littlebit always endeavours to meet the delivery deadlines. However, due to production or delivery bottlenecks, delays in delivery may occur.
The Buyer will be notified of a provisional delivery date with the order confirmation. Prior to delivery, contact will be made with the buyer and the concrete delivery date will be agreed. In no case will Littlebit be responsible for delays in delivery due to force majeure or coincidence.
Joule Performance Systems will be delivered by a commissioned carrier on the date agreed with the Buyer. The delivery address specified by the Buyer must be easily accessible by truck in Switzerland or Liechtenstein. Any additional costs due to poor accessibility by lorry shall be borne by the Purchaser.
Upon request, Joule Performance Systems may be collected by the Purchaser from Littlebit's business premises in Root (Littlebit Technology AG, Längenbold 5, 6037 Root).
The Purchaser is obliged to accept the delivered product. There is no right of return without defects. The purchaser must immediately check the condition and completeness of the delivered or collected product. Incorrect, incomplete or damaged deliveries must be reported to Littlebit in writing within 3 calendar days from the time of delivery or collection at Littlebit's business premises in Root.
In the event of default of acceptance on the part of the Buyer, the following will apply:
a) If the Customer does not accept the ordered product on the agreed or indicated delivery date, Littlebit is entitled to withdraw from the contract and to invoice the Customer for the delivery costs incurred and a handling fee of 25% of the order value, but no less than CHF 75.00.
b) If a collection date for the product at Littlebit's business premises in Root has been agreed with the Customer, and if the product is not collected by the Customer within 14 calendar days of the agreed collection date, Littlebit is entitled to withdraw from the contract and to charge the Customer a handling fee of 25% of the order value, but at least CHF 75.00. In the event of a delay in delivery by Littlebit, Littlebit is entitled to withdraw from the contract and to charge the Customer a handling fee of 25% of the order value, but at least CHF 75.00.
In the event of a delay in delivery by Littlebit, the Customer is entitled to withdraw from the contract from the 30th calendar day after the delivery or collection date agreed with him. The purchase price paid by the Customer will be refunded in full. There shall be no further claims against Littlebit.
§ 5 Transfer of risk
With regard to the transfer of risk from Joule Performance Systems to the Purchaser, the following shall apply:
- In the case of delivery, the risk of the product shall pass to the Purchaser upon delivery by the delivery service. The goods are insured against damage and loss during delivery. Consignments with any transport damage or loss are to be accepted by the buyer with reservation. Complaints must be made no later than 3 days after receipt of the goods, otherwise the delivery shall be deemed to have been fulfilled.
- If the product is collected from Littlebit's business premises in Root, the risk of the product will pass to the Buyer when it leaves Littlebit's warehouse.
§ 6 Retention of title
Until the fulfilment of all claims (including balance claims) to which Littlebit is entitled against the Buyer for any legal reason, the following shall apply with regard to delivered products (hereinafter referred to as "Product"):
- The Product remains the property of Littlebit. The Customer will store the Product free of charge and insure it at its own expense against theft, fire, water and similar risks.
- The Product may not be pledged or assigned as security, nor may it be resold. The Buyer hereby assigns to Littlebit in full, by way of security, the claims arising from a breach of this provision with respect to the product. Littlebit accepts the assignment. The Customer irrevocably authorises Littlebit to notify third parties of the assignment and to collect the claims on account of payment.
- In the event of access to the product by the Buyer's creditors or other third parties, the Buyer must point out Littlebit's ownership and inform Littlebit of this without delay.
- In the event of default in payment on the part of the Customer, Littlebit is entitled, as set out in § 3 item 4, to withdraw from all contracts relating to orders not yet executed from the purchase relationship between Littlebit and the Customer, to enter rooms in which the product is stored, or to demand the assignment of the Customer's claims for surrender against third parties and/or to demand compensation for damages.
- Littlebit is entitled to demand the registration of a reservation of title to the product at the residence or registered office of the Buyer and at the Buyer's expense. The Buyer shall give its unconditional and irrevocable consent to this.
§ 7 Warranty
- Littlebit warrants the ordered product to be free from defects and to function properly for a period of 3 years (2 years for Joule Force) after delivery or collection. Littlebit may choose to provide the warranty in the form of:
a) Free repair;
b) Partial and/or complete replacement with an equivalent product;
c) Credit note at the current price, but not exceeding the sales price at the time of the order; or
- The warranty is completely excluded for wear parts (e.g. batteries, rechargeable batteries, etc.) and software problems of Littlebit.
- The Buyer's notification of defects to Littlebit must be made in writing, stating the exact nature of the defect or the functional impairment.
- The Buyer is responsible for the proper backup and protection of his data when handing over a data carrier or a product with data memory contained therein to Littlebit. Littlebit accepts no liability for any loss of data.
- "Exhibition or test devices" are sold at a reduced price. These products may have slight optical defects or they may be reconditioned products. These optical defects are excluded from the warranty. For these products, a warranty only applies after consultation with Littlebit and only for the duration made in the consultation.
§ 8 Liability and disclaimer
- Liability is governed by the applicable statutory provisions.
- Liability for slight and medium negligence, indirect and consequential damages as well as loss of profit, unrealised savings, as well as damages from delay in delivery, as well as any acts and omissions of Littlebit's auxiliary persons, whether of a contractual or non-contractual nature, is excluded to the extent permitted by law. The claim for damages is also limited to the delivery value of the order.
- Littlebit is furthermore not liable for damage attributable to the following causes:
a) Improper storage, adjustment or use of the products in breach of contract or unlawful use;
b) Use of incompatible spare parts or accessories (e.g. power supply, etc.);
c) Failure to maintain and/or improper modification or repair of the Products by the Purchaser or a third party;
d) Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., as well as official orders.
- Liability for transport services of third parties is completely excluded to the extent legally possible. The service provider commissioned to carry out the work shall be liable for defects, delays in performance and damage arising during the execution of service providers (e.g. on-site installations).
§ 9 Data protection
§ 10 Applicable law, place of jurisdiction, partial invalidity
- These GTC and the entire legal relationship between Littlebit and the Buyer shall be governed by substantive Swiss law, in particular the Swiss Code of Obligations, to the exclusion of the Vienna Sales Convention.
- The exclusive place of jurisdiction is Zug.
- Should a provision in these GTC or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. The contracting parties undertake to replace the invalid provision of the contract with a legally valid provision that comes as close as possible in its economic effects to the content of the invalid provision of the contract.