Términos y condiciones

General terms and conditions of the online shop of JOWISSA Uhren AG

1. General 

Subject to a deviating regulation in individual cases, the following shall apply to payment and dispatch:

1. The company JOWISSA Uhren AG, Dorfstrasse 12, 2544 Bettlach, Switzerland (hereinafter referred to as "Jowissa AG") offers goods for purchase via its website.
2. For the deliveries and services of Jowssa AG via the jowissa.com online shop, the present General Terms and Conditions apply exclusively. Jowissa AG reserves the right to change these General Terms and Conditions at any time. The valid version of these General Terms and Conditions valid at the time of the order, which can not be unilaterally modified for this order, is relevant.
3. The present General Terms and Conditions of Business apply to business owners, legal entities of public law and public special funds for all future legal transactions, even if they are not expressly agreed again. Conflicting terms of the customer which differ from these terms and conditions are not recognized. Therefore, the terms and conditions of the customer or third parties do not apply even if Jowissa AG does not object to their validity in individual cases or if it refers to a letter that contains or refers to the terms of business of the customer or a third party.

2. Right of revocation for consumers

Consumers are entitled to a right of withdrawal, whereby consumers are any natural person who concludes a legal transaction for purposes which can not be attributed primarily to their commercial or independent occupation.

 2.1. Right of withdrawal 

Right of revocation

You have the right to revoke this contract within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.

In order to exercise your right of revocation, you must inform us (JOWISSA Uhren AG, Dorfstrasse 12, 2544 Bettlach, Switzerland Tel .: +41 32 644 3040, e-mail: shop@jowissa.com) by means of a clear statement (eg Letter or e-mail) about your decision to revoke this contract. You can do this under 2.3. which is not required. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

2.2. Consequences of revocation

If you revoke this agreement, we shall have to repay you without delay and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same payment you used in the original transaction, unless you have expressly agreed otherwise. We may refuse the repayment until we have recovered and tested the goods or until you have proved that you returned the goods in perfect condition, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days. The return is made at the account and risk of the customer at the headquarters of Jowissa AG in 2544 Bettlach. If the product shows signs of wear or damage after the return, which is attributable to improper handling, you must pay for the loss of value of the goods.

2.3. Sample Revocation Form

(If you want to revoke the contract and get refunded, please fill out this form and send it back)

JOWISSA Uhren AG, Dorfstrasse 12, 2544 Bettlach, Switzerland, e-mail: shop@jowissa.com

I hereby revoke the contract which I have concluded to purchase the following goods

Ordered on ________ / received on________

Name of the consumer

Order number

Item number and quantity

Your address

Date

3. Prices

The mentioned prices are final consumer prices including shipping and packaging costs. With regard to VAT, it is important to decide whether you are ordering from Switzerland or another country:

 In Switzerland, the prices include the statutory value-added tax (VAT) of 7.7%, as well as shipping and packaging costs.

If you order from a country other than Switzerland, you will see the net final consumer prices excluding the Swiss VAT of 7.7%, but including shipping and packaging costs. In this case, the value added tax and the customs duty are applicable.

4. User account 

1. In order to order goods at Jowissa AG, the customer can permanently register as a user and create a user account. The user account is free of charge and serves to simplify future contract processing.
2. The registration is made by entering the necessary data into an online form provided for this purpose. The data required for registration are to be given completely and truthfully by the customer.
3. When registering, the customer chooses a personal user name and password. The username may neither infringe third-party rights nor infringe any other names and trademarks or morality. The customer is obliged to keep the password secret and not to communicate this to any third party.
4. Anyone who is already registered can not be registered again (no "double membership").
5.  Jowissa AG is also entitled to refuse registration without stating reasons if all prerequisites for admission as a user are fulfilled.
6. Jowissa AG reserves the right, on a voluntary basis, to keep the user account available even beyond the duration of the business relationship with the customer. The customer can always unsubscribe from the online shop at any time. This is done by e-mailing shop@jowissa.com. The deregistration leads to the deletion of all personal data of the customer insofar as the storage is not required by law or is appropriate and permissible.

5. Conclusion of contract 

1. The product descriptions of Jowissa AG on the website do not constitute a binding offer.
2. After creating a user account, opening the already existing user account or entering his personal data in the case of an order without creating a user account as well as checking the correctness of his information on the following overview page and by confirming the order in the final step of the ordering process, the customer gives a binding purchase offer For the goods contained in the shopping basket. The customer can cancel the order at any time by pressing the "Cancel" or "Back" button as well as by closing the browser window. The overview page that appears before the completion of the order allows the customer to check his data again for input errors and to correct this in the event of an input error. After successful order receipt, the customer receives an e-mail in which the receipt of the order is confirmed and the customer is informed of all necessary information about the order and the ordered goods. This confirmation letter only constitutes a binding declaration of acceptance ("order confirmation") if this is expressly declared by Jowissa AG. However, a conclusion of the contract and thus a contractual binding on the individual services shall come into effect if Jowissa AG expressly confirms the offer of the customer by means of an order confirmation or, if the customer has not received an order confirmation, by delivery of the goods. For the conclusion of the contract, only German is available as a language.
3. The customer is bound to his order until the expiry of the fifth working day following the date of the offer. However, a contract conclusion and thus a contractual relationship with the individual services shall come into effect if Jowissa AG expressly accepts the offer of the customer by means of an order confirmation or, if the customer has not received the order confirmation, by delivery of the goods.

6. Conclusion of contract

 Subject to a deviating regulation in individual cases, the following shall apply to payment and dispatch:

1. The payment will be made in advance (by bank transfer in advance), Paypal or credit card. Jowissa AG reserves the right to exclude certain forms of payment, according to the results of a credit assessment.
2. In the case of payment in advance or Paypal, the goods will be sent to the customer upon receipt of the transfer fee. In the case of payment by credit card, the customer's account is debited before shipment of the goods.
3. Jowissa AG bears the costs for shipping.
4. If the customer orders from a country other than Switzerland, he will see the net final consumer prices excluding the Swiss VAT of 7.7%, but including shipping and packaging costs. In this case, the customer will have to pay the applicable value added tax and customs duty in his country. For this, the customer will be charged directly by the courier or the customs office in his country.
5. In the case of payment in advance, the payment is to be made immediately after receipt of the order confirmation.

7. Property reservation 

The goods delivered remain the property of Jowissa AG until complete payment.

8. Warranty / Guarantee

JOWISSA AG grants warranty for defects and functionality of the ordered product for 2 years from the date of purchase. You can choose the guarantee option by

 Free repair

Partial and complete replacement by an equivalent product

Credit at the daily rate, maximum of the selling price at the time of the order or
reduction

To provide How the guarantee is provided is solely at the discretion of Jowissa AG. There is no right of option of the customer. In the case of wear parts such as, in particular, batteries and belts, JOWISSA AG completely eliminates the warranty / guarantee (except for evident manufacturing defects on belts). In all other respects, the exclusions of liability according to section 9 apply.

9. Liability

Liability is governed by the applicable legal provisions. However, JOWISSA AG is in no way liable for:

• Slight negligence;
• Indirect and indirect damages and consequential loss, loss of profits;
• Unrealized savings;
• Damages resulting from delay in delivery as well 
• Any acts and omissions of the auxiliary staff of JOWISSA AG or any of its service partners, either contractually or in an outsourced manner.

JOWISSA Uhren AG is also not liable for damages caused by one of the following causes:

• Improper storage, adjustment or use of the products;
• Use of incompatible replacement or accessory parts (e.g., power supply);
• Maintenance and/or improper modification or repair of the products by the customer or a third party, force majeure, particularly
  damage caused by natural hazards, moisture, falls and impacts, etc., which are not to be attributed to Jowissa AG, and official orders.

10. Repair

The costs for a repair outside the warranty period as per clause 8 shall be invoiced to the customer. JOWISSA AG or its service partners reserve the right to check the defect as well as the shipping costs and, where applicable, other costs incurred, for products which do not show any faults or where the defect is not covered by the warranty as per clause 8 Or costs incurred by the customer.

11. Customer service      

Our customer service for questions and complaints is available from 8:30 to 12:00 and from 13:30 to 17:00

Phone: +41 32 644 3040

E-mail: shop@jowissa.com

12. Privacy Policy

Jowissa AG will observe all data protection requirements. The customer's data will only be collected and processed for the execution of the respective order and will not be passed on to third parties. This data is stored in accordance with legal obligations within the scope of what is legally permissible. For the rest, Jowissa AG refers to its data protection declaration. This data protection declaration is an integral part of the general terms and conditions. By accepting these General Terms and Conditions, the customer also agrees to the data protection provisions.

13. Mobile Terms of Service

The Jowissa mobile message service (the "Service") is operated by Jowissa (“Jowissa”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Jowissa’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jowissa through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jowissa. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Jowissa or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jowissa mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Jowissa or email sw@jowissa.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

14. Final Provisions

1. Returns that can not be assigned or returned to a customer will be kept for six months and then disposed of. 
2. Non-collected or deliverable warranty goods: If goods which are connected with the warranty service according to clause 8 are not collected within six months from the date of dispatch of the pick-up request to the customer, Jowissa AG is entitled to dispose of the goods, in particular to dispose of them. 
3. The substantive Swiss law applies under the exclusion of the UN and Vienna purchase law. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected. 
4. The place of performance shall be the place of business of the shop operator in the case of contracts with merchants, legal persons of public law or public special funds. 
5. Exclusive court of jurisdiction for all disputes in connection with the individual agreements concluded under these terms and conditions with contracts with merchants, legal persons of public law or public special fund is the place of business of the shop operator. Moreover, any further legal jurisdiction applies to complaints by the shop operator against the customer.