Terms of service

1.  General Provisions
The following General Terms and Conditions govern the relationship between Aglaja GmbH (hereinafter referred to as ‘Aglaja’) and its customers (hereinafter referred to as ‘Customers’). They shall apply where this has been agreed between the parties. Any terms and conditions of purchase or supply on the part of the customer that conflict with these General Terms and Conditions shall only apply if Aglaja has expressly accepted them in writing. Any ancillary agreements, representations or amendments to these General Terms and Conditions must be made in writing.

2.  Prices
Unless otherwise stated, prices are quoted in Swiss francs (CHF), inclusive of VAT, ex Münsingen. Packaging is included.
Prices in euros (EUR) are quoted exclusive of VAT, ex Münsingen. Packaging is included. VAT is payable in the recipient’s country and will be invoiced directly by the carrier.
Prices are subject to change at any time.

3.  Product changes
We reserve the right to make changes to models, dimensions and design at any time. We reserve the right to allow for standard or minor variations in quality, weight, size, thickness, width, finish, pattern and colour. Due to the nature of the manufacturing process, sanitary ware cannot be produced without any defects whatsoever. Minor defects which do not impair the product’s usability cannot therefore form the basis of a complaint.

4.  Delivery and delivery times
Delivery is ex Münsingen, uninsured.
The stated delivery times are subject to unforeseen circumstances. In particular, force majeure, war, strikes, cessation of operations, production restrictions, damage to production facilities, non-delivery or delayed delivery by a supplier, measures or orders issued by authorities, operational and transport disruptions, and similar unforeseen events release Aglaja from the obligation to fulfil concluded contracts within the agreed delivery period. A delay in delivery for any reason whatsoever shall under no circumstances entitle the customer to withdraw from the contract or to make claims for compensation.

5.  Terms of payment
Unless otherwise agreed in writing, the following terms of payment apply:
Shower systems ordered from Aglaja by customers in Switzerland may be paid for in advance or, in the event of installation by Aglaja, also in cash or by Maestro/Postfinance card. Aglaja dispatches accessories against invoice, payable net within 15 days.
Customers from Europe may pay for their order by prepayment.

6.  Transfer of Title and Risk
Title and risk pass to the customer upon dispatch of the goods from Aglaja’s registered office. Any transport damage must be reported in writing by the customer to Aglaja and the carrier immediately upon acceptance of the goods.

7.  Notification of defects
The recipient must check the goods for completeness and condition immediately upon receipt. Complaints regarding defective, incomplete or incorrect deliveries or services will only be considered by Aglaja if they are made in writing within eight days of receipt of the goods at the latest.
Aglaja shall only be liable for defects within the scope of the warranty provisions set out below. Any further claims are excluded, even if the notice of defect is submitted in good time.

8.  Warranty
The warranty period is 24 months. Aglaja undertakes to repair or replace, as soon as possible and at its discretion, any parts which, during the warranty period, are demonstrably found to be defective or unusable due to inadequate materials or faulty workmanship. Replaced parts become the property of Aglaja.
For all goods and services provided by Aglaja, liability is generally limited to the replacement of the defective goods or services. Any further liability is expressly excluded. There is no entitlement to rescission or a reduction in price unless Aglaja is unable to remedy the defect. Defects in the goods arising from natural wear and tear or improper handling are excluded from the warranty. In particular, no liability is accepted for defects in the goods arising from insufficient maintenance, failure to comply with the operating instructions, improper installation by third parties, alterations to the condition of the goods, improper storage, or climatic or other conditions.
The customer must submit warranty claims in writing within the warranty period, stating the date of purchase and the date of the fault.

9.  Resale
Goods supplied by Aglaja must not be exported abroad. In the event of a breach of this provision, Aglaja accepts no liability for any difficulties that may arise from legal protection regulations. In the event of a breach, Aglaja shall be entitled not only to claim damages but also to cancel any current orders.

10. Place of performance
The place of performance for all payments to be made by the customer is the registered office of Aglaja GmbH in Münsingen.

11.  Jurisdiction and applicable law
The exclusive place of jurisdiction for all  disputes, disagreements or claims arising out of or in connection with contracts concluded between Aglaja and the customer is the respective registered office of Aglaja. Aglaja is free to bring proceedings against the customer at the customer’s place of domicile or before any other competent authority. The legal relationship between the customer and Aglaja is governed in all cases by Swiss law.