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terms-of-sale
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HW MANUFACTURE SACONDITIONS OF SALE - E-BOUTIQUE Welcome to HW MANUFACTURE SA E-boutique where you will find a choice of Hysek products that have been specially selected for those of our customers who would like to shop online through the Hysek Client Relations Center. Company Information: Vendor: HW MANUFACTURE SA Chemin de la Vignette 1 CH-1167 LUSSY-SUR-MORGES E-mail: sales@hysek.com www.hysek.com Federal Register CH-550-1.160.086
Please also consult the Terms of Use which, unless stated otherwise, also apply to use of the Hysek e-boutique.
The following terms and conditions and any other related rules made available in writing by MANUFACTURE HYSEK SA (collectively the “Conditions of Sale”) are applicable to all MANUFACTURE HYSEK SA products that you (the “Customer”) may order (“MANUFACTURE HYSEK SA” or referred to herein as “us”, “our” or “we”) or on the Internet via Hysek’s Website, identified by the domain name “www.hysek.com” (the “Website”). By placing an order through the Website or by registering at the Website to purchase HW MANUFACTURE SA products, you guarantee that you are a legitimate customer in accordance with the terms and conditions set forth below and that you accept to be bound by these Conditions of Sale. These Conditions of Sale apply only to sales made through the Website. The Conditions of Sale applicable to any order placed through the Website are those in force on the date you place your order. Sales Conducted through HW MANUFACTURE SA retail boutiques are not subject to these Conditions of Sale. HW MANUFACTURE SA may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. Please read the Conditions of Sale and check the Website on a regular basis to be informed of any changes. If you do not agree to any change to the Conditions of Sale, then you must immediately contact the Customer Contact Center to cancel your registration and refrain from ordering any HW MANUFACTURE SA product through the Website. For those persons wishing to use the Website, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our Website Terms of Use and our HW MANUFACTURE SA E-Boutique Privacy Policy, which are incorporated to these Conditions of Sale by reference.
To register or place an order through the Website, you must have reached the age of majority (which in most country is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale, the Website Terms of Use and the HW MANUFACTURE SA E-Boutique and register or place an order on your behalf. Any orders placed in contravention to this provision shall be null and void. HW MANUFACTURE SA products are exclusively available for sale to end-user Customers only and may not be bought for re-sale, commercial purposes or any other commercial benefit. Consequently HW MANUFACTURE SA reserves the right to refuse orders placed by Customers who breach this condition or if HW MANUFACTURE SA reasonably suspects, in its sole discretion, a Customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that HW MANUFACTURE SA reasonably suspects that a third party has breached a customer’s registration, password and/or account login, HW MANUFACTURE SA shall immediately cancel and terminate the account.
All orders placed through the Website are subject to availability and acceptance by HW MANUFACTURE SA. HW MANUFACTURE SA reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, your order may not exceed five (5) products in any buying session on the Website. HW MANUFACTURE SA reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. You may browse the product pages of the Website or contact our boutiques to discover products that are currently available for sale.
In order to place an order through the Website, you or the HW MANUFACTURE SA on your behalf will be required to register and create an online account. During this process, you will be required to provide valid and up-to-date personal information, such as your legal name, date of birth, phone number and e-mail address. Upon completion of your registration on the Website, you will receive by email a one-time password, which will allow you to register on the Website and to choose a permanent account login and password, and a second e-mail summarizing your personal information. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. HW MANUFACTURE SA will not be held responsible or able for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. We may change the information required to place an order or the registration requirements from time to time. Please refer to our HW MANUFACTURE SA Policy for more details. When placing an order through the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by HW MANUFACTURE SA or its third party providers at this time for security and anti-fraud purposes. You represent and warrant that the personal information you provide via the Website is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide to the Website change, please login to your account and update such information directly on the Website, notify HW MANUFACTURE SA at the following e-mail address: sales@hysek.com
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other product and add them to your shopping bag (subject to availability and quantity limits) or “proceed to Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on the cross next to the chosen product in the Shopping bag. When you have completely reviewed your order click on the “Proceed to payment” button on the Website to place your order. Not withstanding anything to the contrary provided for herein, HW MANUFACTURE SA SA reserves the right to refuse, cancel and terminate orders at any moment in time. For example, HW MANUFACTURE SA may refuse your order if there is an ongoing dispute concerning payment of a prior order or if HW MANUFACTURE SA reasonably suspects that you have violated these Conditions of Sale or that you have engaged in fraudulent or grey market activities.
All prices and offers remain valid as advertised from time to time. HW MANUFACTURE SA reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website, at the time your order is accepted by HW MANUFACTURE SA, will be honored by HW MANUFACTURE SA. Actual shipping costs and applicable taxes will be reflected in the Confirmation of Order and invoice. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options. The actual sales tax will be calculated when we dispatch the order. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable law between the date you placed your order and the date we send you the Confirmation of Order.
HW MANUFACTURE SA accepts the following credit cards: Visa, MasterCard and American Express. You hereby represent and confirm that you are the legitimate holder of the credit card that you will use for payment and that your payment details are correct. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to HW MANUFACTURE SA you will need to contact your card issuer directly to solve this problem, and HW MANUFACTURE SA will not be able for any delay or non-delivery. Upon authorization by the card issuer, the amount of your purchase will be blocked on your credit card until your order is dispatched to the shipping address you have provided to HW MANUFACTURE SA. The amount of your order will only be debited from your bank account at the time of dispatch. To help ensure that your shopping experience is safe, simple and secure, all credit card transactions performed on the Website are processed using a secure on-line payment gateway that encrypts your card details in a secure host environment. Furthermore, HW MANUFACTURE SA will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we shall be held able for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the Website. In order to secure your transactions and prevent fraud, by making an offer to purchase HW MANUFACTURE SA products on the Website, you expressly authorize HW MANUFACTURE SA to perform credit checks and, where HW MANUFACTURE SA deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
You should carefully check all details before placing your order to the Website, including without limitation, the Order Reference Number and the particulars of the sale, which will be provided on the Website. Once you have confirmed and placed your order, HW MANUFACTURE SA SA will issue an Order Reference Number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save this Order Reference Number for any future enquiries. On placing an order through the Website, you are making an offer to HW MANUFACTURE SA to purchase the products, in accordance with these Conditions of Sale.
Once you have made your choice and your order has been placed on the Website, you will receive an e-mail acknowledging the details of your order. This acknowledgement of order is not an acceptance of your order.
Upon dispatch of your order, HW MANUFACTURE SA will send you by email Confirmation of Order. Acceptance of your order by HW MANUFACTURE SA concludes the offer and acceptance process; the result being the formation of an executed sales contract at the time HW MANUFACTURE SA sends the Confirmation of Order for the purchase of HW MANUFACTURE SA products and associated services.
The Acknowledgement of Order and Confirmation of Order that are sent to you by email, are deemed to be received when you are able to access it on your fax machine, computer, mobile or handheld device. The Confirmation of Order and any automatic recording systems on the Website will be proof of a binding agreement between you and HW MANUFACTURE SA.
Please note that HW MANUFACTURE SA does not ship to PO boxes, APD/FPO addresses and hotels. Delivery costs are charged to you by HW MANUFACTURE SA, which are in addition to the price of the HW MANUFACTURE SA products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale. When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for dispatch, we will send you the Confirmation of Order by e-mail. Delivery times depend on the Items ordered and the country in which the order was placed and You will be advised of the delivery time when you place your order. The delivery times will be as follow: Items of Timepieces (excepting those requiring a CITES certificate), Jewelry, Writing Instruments and Accessories: 10 to 15 days, as of the confirmation of payment, when the product is available As long as the delay of the order of wristwatch that needs CITES certificate does not depend on HW MANUFACTURE SA, we do not hold responsible for any delivery time. We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order. Each delivery package will contain, in addition to your purchased HW MANUFACTURE SA product: all related accessories, the document holder including the Product Manual, as applicable, Warranty Card, these Conditions of Sale and the packing slip without price and your invoice. HW MANUFACTURE SA insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each HW MANUFACTURE SA product delivered, at which point responsibility for your purchased goods passes to you.
In order to ensure your total satisfaction, you may return HW MANUFACTURE SA products in accordance with the return and exchange policy set forth below. Returns of HW MANUFACTURE SA products which are not in compliance with the conditions and timeframes set forth below may be rejected by HW MANUFACTURE SA and will be sent back to you. 13.1. Return Period HW MANUFACTURE SA allows the Customer recipient to return HW MANUFACTURE SA Products purchased on the Website within thirty (30) days of receipt of the product. 13.2. Return Process Products that have been purchased on the Website may be returned to the HW MANUFACTURE SA e-boutique distribution center, at the following address:
HW MANUFACTURE SA Chemin de la Vignette 1 CH-1167 LUSSY-SUR-MORGES Products that have not been purchased on the Website may NOT be returned to the MANUFACTURE HYSEK SA e-boutique distribution center. If you wish to return a product to the MANUFACTURE HYSEK SA e-boutique distribution center, you must comply with the following steps:
iii) Seal the delivery package and affix the pre-paid delivery label to it,
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, HW MANUFACTURE SA and Customer, as the case may be, agree that HW MANUFACTURE SA maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. HW MANUFACTURE SA is under no obligation to do so but will take this initiative for its Customer’s convenience. You must keep a proof of return shipment, and HW MANUFACTURE SA accepts no liability in the event you are unable to produce such proof. Only merchandise received by the HW MANUFACTURE SA e-boutique distribution center will be eligible for a refund. Upon receiving your return, HW MANUFACTURE SA will verify that the returned product satisfies the conditions of the return policy. 13.3. Conditions to Return a Product HW MANUFACTURE SA products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. HW MANUFACTURE SA will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way. Watch bracelets that have been adjusted at the Customer’s request must be returned with the exact same number of links as in the original delivery package. All returns will be subject to strict Quality Control (QC) by HW MANUFACTURE SA to ensure that the returned. 13.4 Refunds and Merchandise Credit Should a product be returned to the HW MANUFACTURE SA e-boutique distribution center, only the Customer will be entitled to receive a refund. Except for delivery of a defective product or a return that is made pursuant to the Customer’s right to cancel a telephone sale, initial shipping charges will be refunded to the Customer. If your return complies with the return policy, HW MANUFACTURE SA will use reasonable efforts to credit the refund to the Customer’s credit card no later than fourteen (14) days after receipt of the returned item by the HW MANUFACTURE SA e-boutique distribution center. 13.5. Defective products HW MANUFACTURE SA is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. If nevertheless you receive a product which seems to be damaged, you may return it to HW MANUFACTURE SA in accordance with the return policy. Upon receipt, HW MANUFACTURE SA may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective. If your product is declared as defective by HW MANUFACTURE SA, the following solutions will be proposed to the Customer, as applicable:
For any repair inquiries, please contact our Customer Contact Center by e-mailing customer.service@hysek.com
If you purchase a HW MANUFACTURE SA product as a gift (“Gift”) for someone (the “Gift Recipient”), you will have the option to choose whether you wish to receive an invoice. If you choose to receive an invoice, HW MANUFACTURE SA will send such invoice to your billing address by regular mail (HW MANUFACTURE SA will never send the invoice and payment details to the Gift Recipient).
WHILE MANUFACTURE HYSEK SA WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR BY THE CUSTOMER CONTACT CENTER IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. THIS INFORMATION IS PROVIDED ON AN AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND MANUFACTURE HYSEK SA MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO SUCH INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS WEBSITE OR THE CUSTOMER CONTACT CENTER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT MANUFACTURE HYSEK SA WILL BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE MANUFACTURE HYSEK SA PRODUCTS DISPLAYED ON THE WEBSITE ARE REPRESENTATIVE OF THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCTS, SLIGHT VARIATIONS MAY OCCUR FOR TECHNICAL AND OTHER REASONS. ACCORDINGLY, MANUFACTURE HYSEK SA SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF MANUFACTURE HYSEK SA PRODUCTS DISPLAYED ON THE WEBSITE.
At our request, you agree to defend, indemnify and hold harmless HW MANUFACTURE SA, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Website, or the use by any other persons accessing this Website using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and HW MANUFACTURE SA regarding your use of the Website and any transactions you may have with HW MANUFACTURE SA through the Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and HW MANUFACTURE SA in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Website conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale. You confirm that, in agreeing to accept the Conditions of Sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the Conditions of Sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Conditions of Sale save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy arising out of or in relation to the Conditions of Sale, including the validity, breach or termination thereof, shall be adjudicated or arbitrated in the company Information:
HW MANUFACTURE SA Chemin de la Vignette 1 CH-1167 LUSSY-SUR-MORGES E-mail: sales@hysek.com www.hysek.com Federal Register CH-550-1.160.086
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