Terms & conditions

1. 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").

2. The products and services illustrated on the Website are intended exclusively for purchasers resident or domiciled in Switzerland and Lichtenstein.

3. 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.

4. 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.

1. 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.

2. 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.

3. 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.

4. 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.

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.

1. 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.

2. 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.

3. If the Customer is in default, Littlebit is entitled to charge interest in the amount of 5%.

4. 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.

5. 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).

1. Scope and General Terms of Use
   
   The following supplementary General Terms and Conditions apply between you and the merchant for all contracts with the merchant where the ‘easyCredit-Ratenkauf’ installment purchase solution (‘Ratenkauf’) is used.
   
   In the event of conflict, the supplementary Terms and Conditions take precedence over the merchant’s general terms and conditions.
   
   Ratenkauf is available only to customers who are consumers as defined in section 13 of the German Civil Code (BGB) and are over the age of 18.
   
   
2. Ratenkauf
   
   With the support of TeamBank AG Nuremberg, Beuthener Strasse 25, 90471 Nuremberg, Germany (‘TeamBank AG’), the merchant can offer you Ratenkauf as an additional payment option for your purchase.
   
   The merchant reserves the right to check your credit status. For more details, please see the Ratenkauf data protection notice when you place your order. If Ratenkauf cannot be offered because of your credit status or because the merchant’s revenue limit has been reached, the merchant reserves the right to offer you an alternative payment option.
   
   The Ratenkauf contract is formed between you and the merchant. There is no cash payment with Ratenkauf; you choose to pay off the purchase price in monthly installments. Payments are made every month for an agreed term, whereby the final installment may be different to the previous installments. Ownership of the goods is not transferred until the purchase price has been paid in full.
   
   The receivables arising through the use of Ratenkauf are assigned by the merchant to TeamBank AG under a rolling factoring contract. Only payments made to TeamBank AG have the effect of discharging the debt.
   
   The merchant is not subject to any supervision by a regulatory authority other than the general supervisory authority for businesses (Gewerbeaufsicht). Complaints can be sent to the merchant by letter or email.
   
   
3. Payment of Installments by SEPA Direct Debit
   
   Through the SEPA direct debit mandate issued with Ratenkauf, you are authorizing TeamBank AG to collect the payments due as a result of the installment purchase from the current account you specified during the order process at the named bank by means of a SEPA direct debit.
   
   Payments will be collected no sooner than on the date specified on the pre-notification. Payments may also be collected shortly after that date.
   
   If the purchase price is reduced between the pre-notification and the due date (e.g. due to amounts being credited), the debited amount may differ from that stated in the pre-notification.
   
   You must ensure that your current account contains sufficient funds at the time the payment is due. Your bank is not required to honor the direct debit request if your account does not contain sufficient funds.
   
   If the direct debit is returned due to insufficient funds in the current account or an unjustified rejection by the account holder, or because the current account has been closed, you will be in default (without separate demand notice), unless the direct debit is returned due to circumstances beyond your control.
   
   Costs charged to TeamBank AG by your bank for a direct debit returned for reasons for which you are responsible may be claimed from you by TeamBank AG as damages and must be reimbursed by you. You are entitled to show that TeamBank AG suffered a smaller loss or no loss at all.
   
   If you are in default, TeamBank AG is entitled to charge a reasonable fee for each demand notice or default interest in the amount of five percentage points above the prevailing base rate of the European Central Bank.
   
   Because of the high costs associated with a returned direct debit, we would ask you not to reject the SEPA direct debit if you cancel the contract, return the goods or make a complaint. In these cases, the payment is reversed in agreement with the merchant by means of a reverse transfer of the relevant amount or in the form of a credit note.

1. 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.

2. 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.

3. 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.

4. 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).

5. 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.

6. 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.

7. 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.

With regard to the transfer of risk from Joule Performance Systems to the Purchaser, the following shall apply:

1. 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.
2. 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.

If a product is defective straight out of the box (dead on arrival), the following DOA policy applies to all products in addition to the warranty: 

1. The Buyer is required to check the delivered items immediately upon receipt to ensure that they are correct, complete and free from delivery damage and, in the case of devices (PCs, laptops), that they are in working order.
2. For purchases made via the jouleperformance.ch online store, the DOA period is 7 days from the date of sale or 3 days from the time of delivery. Any new product defect must be reported by the Buyer within this period. Different time periods may apply to purchases of Joule Performance products from other online retailers. 
3. In the event of an existing defect, the Customer is required to report the defect directly and to provide evidence of the defect using the prescribed channels. 
4. The defect must be reported in writing using the form provided in the Support section or by emailing info@jouleperformance.ch.
5. The following defects are excluded from the DOA policy:
   • Defects caused by dropping or impact that did not occur during transport
   • Defects resulting from harmful software (malware, viruses, driver modifications, etc.)
   • Defects resulting from hardware modifications by the Customer

Details about the DOA claim process can be found in the FAQ section.

1. 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
   d) Reduction.
2. The warranty is completely excluded for wear parts (e.g. batteries, rechargeable batteries, etc.) and software problems of Littlebit.
3. The Buyer's notification of defects to Littlebit must be made in writing, stating the exact nature of the defect or the functional impairment.
4. 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.
5. "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.

1. Liability is governed by the applicable statutory provisions.
2. 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.
3. 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.
4. 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).

The privacy policy to be confirmed separately by the Buyer is also an integral part of the purchase contract between Littlebit and the Buyer.

1. 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.
2. The exclusive place of jurisdiction is Zug.
3. 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.