This is a simplified translation. Only the French version is valid and applicable.

General terms of sale - according to standard VSR & SIA

The conditions hereafter belong integral part to the offer, the confirmation of order and the invoice.

1.   General information
In so far as the conditions hereafter do not derogate from it, make rule the conditions of standard SIA 118 “General terms for the completion of the work of construction” and standard SIA 342 “Protection of bays against the sun and the bad weather” for Switzerland. Currently, Living Stores Sàrl is active only in Switzerland. For any other condition, the contractor does not engage under the terms of tendered. Such conditions must be agreed and fixed by contract during the placing of the order.

2.   Price and obligations
a.   Version postal sending
All unit prices get along without tax on added-value (VAT). The offers remain valid 60 days, except contrary agreement. The orders become valid only under the terms of one written confirmation duly signed by the contractor. The changes of dimensions and execution, the changes of the under-construction of assembly as well as the special accessories give place to corresponding corrections of price. Remain reserved appreciations for the assembly on the frontages with external thermal isolation (see sheet of corresponding information VSR).

b.   Version Internet since www.living-stores.com
All unit prices get along with tax on added-value (VAT). The offers remain valid 60 days, except contrary agreement. The orders become valid only under the terms of the confirmation of order. As of the confirmation of order carried out, an e-mail of confirmation, comprising the points of the sale, is sent. The changes of dimensions and execution, the changes of the under-construction of assembly as well as the special accessories give place to corresponding corrections of price and must be announced. Remain reserved appreciations for the assembly on the frontages with external thermal isolation (see sheet of corresponding information VSR).

It can prove exceptionally that a glaring error of price occurs. This is placed in the extremely rare case from an order carried out at the same time as our update from price. The price can then be posted on the site with CHF 0.00 during a very short amount of time. In such cases, we would inform you immediately. The prices and specifications of the posted products are modifiable without notice. The specifications of the products engage only the respective manufacturers. However, a price of article posted with CHF 0.00 will be translated by a request for offer on the part of the customer and will warn our engineering service which will contact the customer as soon as possible.

3.   Measurements
The principal is responsible for the observation for the dimensions and plans agreed or seized directly by itself on Internet site of order on line under www.living-stores.com (gauges +-5 mm SIA-342). Dimensions can be expressed, according to the versions, in millimetres (mm) or centimetres (cm). The contractor is in right to compensate for differences in measurement on the building by the supports.

4.   Choice of the color
For the aluminum products, the color will be selected in the chart of the colors in force of the contractor. The standard and complementary colors are deliverable stock. The complementary colors imply an appreciation. The special colors imply an increase of price per color and product as well as an increase of price for the quantities lower than the minimum quantity. The delivery period prolonged by the production of the basic material court starting from the approval of the final sample of color.

Storage as well as the restocking of the special color, respectively of the textile collection in question, are not guaranteed for later supplies and repairs. At the time of a new provisioning, the appreciations for special manufacture must be again paid. Small variations of color compared to the preceding deliveries are to be tolerated. Weak variations in the nuances of color and the degree of brilliance, the possibilities of delivery and modifications of the collections remain open held. Small defects of painting must be tolerated. The visible colors since Internet site of order on line under www.living-stores.com can vary according to the resolution of the screen or its parameter setting. No guarantee as for exactitude on the nuances suggested with the screen can be given.

5.   Delivery period
The delivery period runs starting from final fixing of measurements, the execution and the colors, as well as approval of possible plans of execution, respectively of the control of measurements on the spot after the assembly of the windows.

The delays due to the major force, interruptions of service, or difficulties of provisioning do not give any right to damages or cancellation of the contract. The conventional fines are not accepted.

6.   Forwarding, storing and treatment the building site
Normally, the delivery means free building site, respectively station recipient of plain. The principal ensures access per truck to the building site, as well as the free use of the cranes and hoists.

For the storage of the delivered material, the principal will place free at the disposal a room which can be closed with key. On the large building sites, a place of deposit for the containers must be placed at the disposal. In the event of rail transport, packing is invoiced separately. The varnished parts with the furnace should not be covered with adhesive tapes.

7.   Panel of building site
Without special agreement in writing, Living Stores Sàrl refuses any participation in the panel of building site.

8.   Assembly
The assembly must be able to be carried out during one, exceptionally two stages of work. In agreement with standard SIA-342 are the responsibility of the principal in all the cases:
a) the installation of all the niches, notches, all the lintels and boxes for the higher cross-pieces, axes, parts and driving shafts, taking into account the dimensions of installation of the contractor.
b) work of boring and drillings in masonry, the concrete, the artificial stone and in the steel constructions.
c) the drilling of the holes and the welding on external constructions as well as connections for aluminum frontages with rivets threaded including their delivery.
d) work of filling, filling of the niches and the stopping of the grooves and fixings.
e) legs with sealing of doors, holes for the hinges and stops of wind-braces, the accosting of the shutters shutters adjusted after finishing.
f) electric conduits of supply and connection, fuse, embedded boxes, catches, etc….
g) connections of current answering regulations SUVA for drilling machines, apparatuses of welding as well as the lighting of the work places.
h) scaffolding answering regulations SUVA and of the police force of constructions and which must remain in place until the end of work of assembly (see sheet of corresponding information VSR).
i) additional expenses for work of assembly of the inhabited parts (in general half an hour of control per window).
j) additional expenses caused by the non-observance of conventions of measurement or the regulations of tolerance per third.
k) measurements of soundproofing in the event of inappropriate under-construction.
l) the reassembly of the dismounted parts of installation in an unsuitable way by the principal (e.g. cranks).
m) additional expenses due to interruptions of work for which Living Stores Sàrl is not responsible.

If work above should be carried out by the personnel of Living Stores Sàrl, the invoicing of the material and the working time will be carried out according to the time tariff into force for work of control. Work of control is always invoicees Net.

Electrical installations and the central orders of the blinds should be brought into service only in the presence of one specialist in the company.

For damage with the conduits of any kind, due to work of boring or other work and their consequences, Living Stores Sàrl declines any responsibility in so far as the principal cannot prove that him, respectively his representative, in time the personnel informed of Living Stores Sàrl on the site of the conduits. The deductions for damage are not accepted that if there is a report signed by the personnel of Living Stores Sàrl.

For the doors of garage are in force the following additional conditions: the scaffolding must be to at least 1 meter wall. Nothing must be stored in the garage. For the unloading and the assembly of the large doors, being given their weight, the principal must place at the disposal a person to help the personnel with the assembly. Iron angle of threshold must be run 2 days at the latest after the assembly. It should be taken care that it is in the good position.

9.   Invoicing
The Invoicing is done in proportion to the deliveries (by stages).

The executions not envisaged, required by the principal and involving an increase in the cost, will be invoiced. The further orders of parts which cannot be manufactured and rises with the principal delivery, will be invoiced with the corresponding appreciations for minor amounts.

The possible modifications of VAT rate will be taken into account at the date of their coming into effect. If the execution of the order exceeds the 3 months starting from the confirmation of order, respectively starting from the date agreed upon for the fixed price, the rate of increase will be invoiced like agreed or according to VSR. As calculation bases, one will use the following quotas in percent of the total: 40% for the expenses from materials, 30% for the distribution and production costs like 20% for the expenses of assembly.
The deductions which are not fixed by contract are excluded.

10.   Payment terms
a.   Version postal sending
For the deliveries with assembly lower than CHF 1' 000.00 and for all deliveries without assembly: 10 days starting from the date of the invoice.

For the deliveries going of CHF 1 ' 000.00 until CHF 10 ' 000.00: Installment of 50% with the order, if agreed, that the goods are deliverable, the remainder of the installation at 30 days starting from the invoice. For installations higher than CHF 10 ' 000.00: 30% with the contract signature, 30% with the delivery with the building site or on opinion, if agreed, that the goods are deliverable, and balance it with the invoicing or up to 30 days since the date of the invoice according to confirmation.

b.   Version Internet since www.living-stores.com
Only the payment terms and of invoicing suggested on the site of order on line under www.living-stores.com are valid. For the orders lower than CHF 1 ' 000.00: integral payment starting from the validation of order. For the orders going of CHF 1 ' 001.00 until CHF 10 ' 000.00: Installment of 50% starting from the validation of order, the balance at 30 days starting from the final invoice. For the orders higher than 10 ' 001.00: Installment of 30% with the validation from order, 30% with the delivery or on advice of dispatch, the balance at 30 days starting from the final invoice.

The fact will be retained that any confirmation of order validated by Living Stores Sàrl engages the principal.

The principal will be able, in any time, to check the follow-up of his order by the means of the site of order on line under www.living-stores.com. An e-mail will personally inform the principal of any modification made to its order.

11.   Guarantee
The Guarantee according to SIA is two years starting from the date of the invoice (operation by engine and orders understood). Any retention of payment intended to ensure the obligation of guarantee is excluded.

Are excluded the liability:
a)    The defects resulting from serious negligences in the handling, the damage due to strong storms and of hail, with the handling per time of freezing, the light damage due to friction, délavement from certain special colors, the replacement of the parts subjected to a fair wear and tear, as well as the damage due to cleaning and maintenance are excluded.
b)    The flexible blade Venetian blinds and the blinds in fabric are not guaranteed against the damage resulting from their use per thundery weather, it goes from there in the same way for the travelling shutters and blinds with plates, whose slides are assembled to more 15 cm of glass or are not closed on the sides.
c)    For the spots in wood with natural treatment, Living Stores Sàrl any responsibility. The transverse traces of polishing must be tolerated.
d)    The metal thickness of galvanized coating of the parts corresponds to standards SIA. A durable protection against rust cannot be guaranteed without the application of a coat of paint carried out by the principal.
e)    In the case of frontages with external thermal isolation, no responsibility is assumed for the water damage.
f)    The products whose low and maximum limits of size exceed the limits indicated in the leaflets of the contractor are not guaranteed.

During work of guarantee, the principal will ensure the easy access to protections of bays against the sun and the bad weather; the scaffolding will be installed with its expenses and under responsibility, according to the regulations of the SUVA and the police force of constructions. For consequential damages, very financial claim is excluded. The repairs carried out by thirds put an end to the guarantee; the expenses of this work are not assumed. The cranks of the stackable travelling shutters should not be dismounted by the principal.

The cases of guarantee do not give right to a deferred payment due or a request of damage - interests.
For the deliveries without assembly, the guarantee gets along only with the material.

12.   Transformations and restorations
The useless voyages, the latencies and the circumstances complicating work, will be invoicees in hours of control.

Work of disassemblings necessary for the revision (cover of boxes of travelling shutters, etc…. ) are always done with the risks and dangers of the principal. The principal must take care that the curtains are removed and them fitteds carpet covered and protected in time. Where that is not the case, any responsibility will be declined.

Go to the load of the principal in all the cases:
a)    Scaffolding answering the regulations of the SUVA and the police force of constructions.
b)    Disassembling, if necessary, of existing protections against the sun and the bad weather.
c)    The removal of the existing fittings.
d)    The provision of buckets, expenses of removal and elimination of the dismounted material.
e)    Repairs of masonry, the windowframes, joinery and the wallpapers.
f)    The cleaning of the buildings after work.

13.   Goods
The goods remain the property of Living Stores Sàrl as long as the amount of the invoice was not paid, entirely, by the customer and/or the principal.

14.   Data protection
Living Stores Sàrl is committed respecting the provisions of the federal law on the data protection. All the personal data transmitted by the customer and/or principal are treated in a confidential way and are used only for the good exercise of the commercial transaction between the customer and/or principal and Living Sàrl Blinds. The customer and/or principal have the possibility, in any time, to modify his personal data by simple request. By same skew, the customer and/or principal also have the possibility of refusing the reception of promotional e-mails.

15.    Places of execution and legal For
The principal seat of Living Stores Sàrl is the place of execution and legal For.