These General Conditions of Sale (hereinafter "General Conditions of Sale" or "GTC") apply to your purchases made for personal needs on the website http://ness.watch "(hereinafter the" website ”) and to the contract thus concluded between you and SWISSNESS Horlogère-Uldry, holder of the NeSs brand, having its registered office at Maladières 22, 2022 Bevaix (SUISSE) and registered with the RC of Neuchâtel (SUISSE) under the ref number . 02497/2013
Please read these General Conditions of Sale carefully in order to understand your rights and obligations. You can save or print these General Conditions of Sale for later consultation. NeSs will also keep the General Conditions of Sale in force on the day of your purchase and will be able to make them available to you on request.
These T & Cs apply to all offers, contracts and deliveries of products or services offered by NeSs on the “ness.watch” website and all relevant subdomains, (hereinafter “the Online Store”) except contrary agreement.
- Price and payment
- 2.1. The selling prices indicated in the Online Shop are in CHF, and include all applicable fees, taxes and other charges, including VAT where applicable.
- 2.2. NeSs strives to ensure that all prices and information presented in the Online Store are accurate and complete; however, in certain exceptional circumstances, certain errors may occur, in particular concerning the display of the price. In the event of a manifest error in the display of the price, such that the displayed price is derisory or unrelated to the value of the product as usually observed on the market on the day of purchase, NeSs will not be bound by the displayed price and may be required to cancel the sale before delivery.
- 2.3. Unless otherwise specified in the “ness.watch” Online Store and / or in the ordering process, the delivery and management costs of NeSs are included in the final price payable for the products. You will be informed in advance of any charges that will be added to the price of the product during the ordering process and before you place the order.
- 2.4. Payment must be made by credit card or any other means of payment offered in the “ness.watch” Online Store. All refunds will be made to the same card or by the same payment method that you used to make the original payment.
- The Contract
- 3.1. Contracts will only be concluded through the “ness.watch” Online Store and after your unreserved acceptance of these General Conditions.
- 3.2. By clicking on the purchase button, you place an order with an obligation to pay for the products and services in your shopping cart ("the Offer"). After receiving your order, we will promptly send you an order confirmation by email. The order confirmation email does not mean that NeSs accepts your order; it simply confirms that we have received your order. Once we have processed your order and prepared it for shipment, we will send you an email indicating that we have accepted your order (hereinafter "the Acceptance"), which will indicate the details of shipping. Before receiving NeSs Acceptance, you have the right to cancel your Order.
- 3.3. Your contract with NeSs will be concluded only in the languages offered on the ness.watch site.
- 3.4. You must be at least 18 years old to order from the NeSs Online Store.
- 3.5. NeSs reserves the right to ship the product (s) only after receipt of full payment by credit card or by any other means offered in the “ness.watch” Online Store. Products will only be shipped after your payment has been verified by NeSs.
- 3.6. You are solely responsible for paying any fees charged by your bank, card company, or other provider of your chosen payment method.
4. Execution of the contract
- 4.1. Your order and contract will be processed and fulfilled when we have received your payment. We reserve the right to ship the products only after we have received full payment for the product.
- 4.2. We reserve the right to proceed with a single shipment in the event of an order for several products.
- 4.3. If it is not possible for NeSs to ship the products within the delivery time mentioned in the “ness.watch” Online Store or in the order confirmation, we will notify you and authorize you to withdraw from the contract, in which case any payment made to NeSs relating to the canceled order will be refunded to you. Your other rights and remedies will not be affected.
- 4.4. Unless otherwise specified in the “ness.watch” Online Store and in the ordering process and its minimum order value, NeSs delivery and management costs are included in the final price payable for the products. You will be informed in advance of all costs that will be added to the price of the products during the ordering process, in any event before its finalization.
- 4.5. Place of delivery: The address mentioned in your account in the online store is valid for delivery.
- Right of withdrawal
5.1. As a consumer, you have the right to withdraw from a contract concluded at a distance within fourteen (14) calendar days, without giving any reason. The withdrawal period is fourteen (14) days from:
- In the case of a contract for the sale of goods: the date on which you, or a third party designated by you who is not the carrier, have or took possession of the goods.
- In the case of a contract covering several goods which you have ordered within the framework of a single order and which are delivered separately: the date on which you, or a third party designated by you who is not the carrier, have or has taken possession of the last assets;
- In the case of a contract for the supply of goods in several parts or parts: the date on which you, or a third party designated by you who is not the carrier, have or took possession of the last partial shipment or of the last piece;
- In the case of a contract for the regular delivery of goods for a specified period: the date on which you, or a third party designated by you who is not the carrier, have or took possession of the goods for the first time.
- In the case of a service contract or a contract for the supply of digital content which is not delivered on a physical medium: the date of conclusion of the contract.
You can exercise your right of withdrawal by sending us a clear and unambiguous statement in writing (for example, a letter sent by post, or e-mail) concerning your decision to withdraw from this contract by contacting us through of :
- Site "ness.watch" the contact form here
- To exercise your right of withdrawal, you just have to send the notification of your decision to withdraw before the expiry of the withdrawal period.
When the last day of the withdrawal period is a public holiday, a Saturday or a Sunday, the period ends at the end of the last hour of the following working day.
- 5.2 Consequences of withdrawal
In the event that you withdraw from your contract, we will refund all payments we have received from you, including delivery costs (except for additional costs arising from your choosing a different delivery method. and more expensive than the standard delivery offered by SWISSNESS Horlogère-Uldry) no later than fourteen (14) days after the date on which SWISSNESS Horlogère-Uldry has received your notification of withdrawal from this contract. Refunds will be made to you using the same payment method as that used for your original payment, unless otherwise agreed between you and SWISSNESS Horlogère-Uldry. Under no circumstances will we charge you a fee for receiving this refund.
We reserve the right to refund you only when we have received the products subject to your withdrawal, or proof that you have returned these products, whichever comes first.
You must return the products to NeSs without undue delay, and in any event no later than fourteen (14) days after the date on which you informed NeSs of your decision to withdraw from the contract, in accordance with the conditions stipulated in the Policy of return. NeSs can provide you with a prepaid return slip to return your goods. The deadline is considered to have been met if you send the products before the expiration of the fourteen (14) day deadline.
If you cannot return the products to NeSs in whole or in part, or if you return the products in a deteriorated condition, you must compensate NeSs in proportion to the deterioration suffered by the product or the missing quantity. In the event of depreciation of the products resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these products, you may be held liable and you will have to compensate for any depreciation of the products.
If you have purchased services, and expressly requested that the services begin before the expiry of the withdrawal period, you will have to pay an amount corresponding to the services already provided at the time you notify NeSs of your intention to withdraw. This amount is proportional to the total price of the service agreed in the contract.
- 5.3 Exclusion of the right of withdrawal
You do not have the right to withdraw from the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or decision of the buyer is decisive, or which are clearly personalized to the individual needs of the buyer.
- Contracts for the supply of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
- Contracts relating to the supply of goods which, for reasons of health protection or hygiene, cannot be returned and which have been unsealed after delivery.
- 5.4 Expiration of the right of withdrawal
Your right of withdrawal ends in the following circumstances:
- In the case of the provision of services, once they have been fully provided, and provided that you have previously given your express consent for the provision of the services to begin before the end of the withdrawal period, the right of withdrawal will be lost once the services have been fully provided. If the services have not been fully provided before the end of the withdrawal period, you will be reimbursed an amount proportional to the services already provided up to the date on which you have informed us of your intention to withdraw from the contract of services.
- Bundles and gifts
From time to time, “ness.watch” may offer you bundled products (“Bundles”) or offer you a bonus (“Gifts”) if you make purchases from our “ness.watch” Online Store. These Bundles and Gifts are only provided on condition that you keep the products. If you decide to withdraw from your contract, you must return the products of the Bundles and Gifts in their entirety. If you are unable to do so, you may have to pay us proportionate compensation. To receive your full refund, we recommend that you return all products included in Bundles and Freebies together with the product that was the primary item of your purchase.
7. Consumer rights and legal guarantees applicable to products
You benefit from the legal guarantees for the products and accessories of the NeSs brand purchased on the “ness.watch” online store. The applicable legal guarantees refer to articles of the Swiss Code of Obligations.
If a product is defective or not in accordance with the sales contract, you can choose to have it repaired or replaced free of charge. If repair or replacement is not possible or would impose a disproportionate burden on NeSs, you may choose to request a reduction in the price or cancel your contract by returning the product for a refund.
To act on the basis of the legal guarantee of conformity, you have a period of 2 years from the delivery of the goods (Swiss Article CO 210).