Terms and conditions
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 Terms and Conditions carefully to be aware of your rights and obligations. You can save or print these General Terms and Conditions for future reference. NeSs will also keep the General Conditions of Sale in force on the day of your purchase and may make them available to you on request.
These General Terms and Conditions apply to all offers, contracts and deliveries of products or services offered by NeSs on the « ness.watch » website and all relevant sub-domains, (hereinafter « the Online Store ») except otherwise agreed.
- Price and payment
- 2.1. The sale prices indicated in the Online Store 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 can occur concerning in particular the display of the price. NeSs will not be bound in the event of a manifest error in the display of the price, so that the price displayed is paltry or unrelated to the value of the product as usually noted on the market on the day of purchase. by the price displayed and may have to cancel the sale before delivery.
- 2.3. Unless otherwise indicated 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 all costs 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 by any other means of payment offered in the « ness.watch » online store. All refunds will be made on the same card or by the same payment method that you used to make the initial payment.
- The contract
- 3.1. Contracts will only be concluded through the online store « ness.watch » and after your unreserved acceptance of these General Conditions.
- 3.2. By clicking on the purchase button, you place an order with obligation to pay for the products and services present 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 have prepared it for dispatch, we will send you an e-mail indicating that we have accepted your order (hereinafter« Acceptance »), which will indicate the details of shipping. Before receiving Acceptance from NeSs, 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 place an order in the NeSs Online Store.
- 3.5. NeSs reserves the right to ship the product (s) only after having received full payment by credit card or by any other means offered in the « ness.watch » online store. The products will only be dispatched after verification of your payment by NeSs.
- 3.6. You are solely responsible for paying the fees billed by your bank, your card-issuing company or any other supplier of the payment method you have chosen.
4. Execution of the contract
- 4.1. Your order and contract will be processed and executed when we have received your payment. We reserve the right to ship products only after receiving full payment for the product.
- 4.2. We reserve the right to make a single shipment in the event of an order for several products.
- 4.3. If it is not possible for NeSs to dispatch the products within the delivery period mentioned in the online store « ness.watch » or in the order confirmation, we will inform you and authorize you to terminate the contract, in which case any payment made to the benefit of NeSs relating to the canceled order will be reimbursed to you. Your other rights and remedies will not be affected.
- 4.4. Unless otherwise specified in the online store « ness.watch » and in the ordering process and its minimum order value, the delivery and handling costs of NeSs are included in the final price payable for the products. You will be informed beforehand of all the costs which 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 given in your account in the online store is proof of delivery.
- Right to retract
5.1. As a consumer, you have the right to withdraw from a distance contract 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 have taken possession of the goods.
- In the case of a contract relating to 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 have taken possession of the last goods;
- 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 have taken possession of the last partial shipment or from 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 have taken 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) regarding your decision to withdraw from this contract by contacting us through of :
- « ness.watch » site contact form here
- To exercise your right of withdrawal, simply send the notification of your withdrawal decision before the expiration 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 next working day.
- 5.2 Consequences of withdrawal
In the event that you withdraw from your contract, we will reimburse all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a different delivery method and more expensive than the standard delivery offered by SWISSNESS Horlogère-Uldry) at the latest fourteen (14) days after the date on which SWISSNESS Horlogère-Uldry received your notice 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 any fees for receiving this refund.
We reserve the right to reimburse 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 will be able to provide you with a prepaid return slip to return your goods. The deadline is considered to have been respected if you send the products before the expiration of the period of fourteen (14) days.
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 to the quantity missing. In the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these products, your responsibility may be engaged and you will have to compensate for the possible devaluation of the products.
If you have purchased services, and expressly requested that the services begin before the expiration of the withdrawal period, you will have to pay an amount corresponding to the services already provided at the time you inform NeSs of your intention to retract. This amount is proportional to the total price of the service agreed in the contract.
- 5.3 Exclusion of the right of withdrawal
You have no right to withdraw from the following contracts :
- Contracts relating to 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 for 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 given your express prior consent for the provision of 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 until the date on which you informed us of your intention to withdraw from the contract. services.
- Bundles and gifts
From time to time, « ness.watch » may offer you bundled products (« Bundled Offers ») or offer you a bonus (« Gifts ») if you make purchases in our « ness.watch » Online Store. These Bundles and Gifts are only provided if 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 proportional compensation. To receive your full refund, we recommend that you return all products included in the Bundles and Gifts with the main product of your purchase.
7. Consumer rights and legal guarantees applicable to products
You benefit from the legal guarantees for products and accessories of the NeSs brand purchased on the « ness.watch » online store. The applicable legal guarantees refer to the articles of the Swiss Code of Obligations.
If a product is defective or does not comply 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 can choose to request a price reduction 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 good (Article CO 210 Swiss).