Terms of service

Introduction

The following text about the Terms of Service is a translation of the „Allgemeine Geschäftsbedingungen AGB“ in German. This translation is provided for information purposes only and has no legal force. Please read the legally binding version in German.

1. General

1.1 The following Terms of Service apply to our supply of any product listed on the website www.pierrejunod.com (hereafter: website). Please read these terms and conditions carefully before ordering any product from this website. You must understand that by ordering any product, you agree to be bound by these terms and conditions as set out below.

1.2 This website is operated by Pierre Junod, Rue du Faucon 21 2500 Bienne 4 Switzerland, e-mail address pierrejunod@pierrejunod.com (hereafter: we, us, our, Pierre Junod).

2. Your Status

2.1 By placing an order through our website, you warrant that you are ensuring compliance with the following conditions: you are legally capable of entering into binding contracts, you are a natural person, and you are at least 18 years old (Art. 13 of the Swiss Civil Code).

3. Purchase of Goods and Order Process

3.1 Your order for a product shall be regarded only as an offer to purchase this product.

3.2 After placing an order, you will receive an e-mail from us confirming that we have received your order. This order confirmation via e-mail does not mean that the purchase of the products has been accepted by us, since each order is subject to our own discretion. We reserve the right to refuse your order without explaining any reason.

3.3. In order to make secure transactions and prevent fraud, we reserve the right to ask before the acceptance of your order:
- to confirm your telephone number for more information regarding your order,
- and to transmit a proof of identity (e.g. copy of your identity card).

3.4 If the products ordered are not available, we will notify you by e-mail. You will have the option either to wait until the item is available from stock or to cancel the order.

3.5 We will confirm acceptance of your order by sending you an e-mail with a shipping confirmation. Only this shipping confirmation will constitute a binding contract between you and us. This contract will relate only to those products whose dispatch have been confirmed by us in the shipping confirmation.

4. Price and Payment

4.1 The price of any product will be as displayed on this website, except in case of an obvious error (Art. 4.5 of the Terms of Service).

4.2 The prices indicated on our website do not include the delivery costs. The delivery costs are indicated separately and differ depending on the country of the delivery address. Before finalising the order, the price of the product and the delivery costs will be displayed separately, as well as the total price.

4.3 For the supply of products in Switzerland, we are currently VAT-exempt.

4.4 For deliveries that are ordered from abroad, you will have to pay taxes, custom duties and additional charges due to the export of the product out of Switzerland. For this kind of deliveries, we can neither guarantee the delivery time, nor estimate the additional costs that you will have to pay.

4.5 If a pricing error is obvious and could have reasonably been recognised by you as a mis-pricing, we are not under obligation to provide the product that you ordered at the incorrect price, even if we had already sent you an order confirmation with the incorrect price.

4.6 Payment can be made by the methods that are detailed in the ordering process. We will display the price that you have to pay on the order confirmation.

4.7 Full payment must be received before shipping the products. We will suspend delivery of the products until full payment is received. If no payment is received after the order, we may cancel the order anytime.

4.8 All card holders are subject to validation checks and authorisation by the card issuer. We may share with third parties the credit card holder’s personal information that are necessary to enable us to receive the payment and to do validation checks and authorisation by the card issuer. If the issuer of the credit card or third parties (e.g. PayPal) refuse to authorise payment to us, we are not liable for any delay or non-delivery.

5. Delivery

5.1 We will inform you about the shipping-out date by sending you a shipping confirmation. Delivery will take place less than 30 days after the date of order.

5.2 The place of delivery is as stated in the order confirmation, except when the client has timely provided other information to us.

5.3 For practical reasons, we may deliver several products from the same order by instalments, which we will communicate to you with the shipping confirmation. In such cases, we may issue to the client an additional invoice for delivery costs that result from the order by instalments.

5.4 If the delivery date exceeds 30 days from the original date of order, we contact you immediately to propose a new date for delivery. If you refuse this revised date and if we are unable to deliver the products within 30 days from the original date of your order, then you may cancel the order without charge and obtain a full refund.

6. Right of Cancellation and Return of Products

6.1 You have the right to cancel the contract between you and us for any reason by sending written notice (by letter or e-mail) or returning the product within the term of 14 days after receiving the products. This term starts from the day on where you have received your product. The timely despatch of the revocation or the products shall be deemed sufficient for complying with the revocation term. Your revocation must be directed to: Pierre Junod, Rue du Faucon 21 2500 Bienne 4 Switzerland, e-mail address pierrejunod@pierrejunod.com

6.2 We will refund you the purchase price if you make the revocation within the term mentioned above (Art. 6.1 of the Terms of Service), if the good that we receive is not damaged and if it is unused and in original condition. The reshipping cost for the return is borne by the customer.

7. Passing of Ownership and Risk

7.1 The product becomes your ownership from the moment we have received the full payment (including delivery costs) and accepted your offer.

7.2 The risk of the products passes to you upon delivery to the carrier (e.g. the post office). In these Terms of Service, risk means the financial responsibility for any loss of or damage to the products, caused by usage, handling, shipping, handing over or storing of the products.

7.3 The risk linked with the shipment or return of a product, regardless of its reason, is born by the customer.

8. Warranty

8.1 For any defect of our sold product, we are liable according to statutory regulations of the applicable warranty right in Switzerland.

8.2 From the date of purchase, a 24-month international warranty against material or manufacturing defects is given by Pierre Junod (Rue du Faucon 21, 2502 Bienne, Switzerland) for all products offered on our website. The warranty on the product does not include the battery and any damage caused after the production.

9. Liability

9.1 Claims for damages on the part of the customer shall be excluded.

9.2 With the exception of the legal warranty for defects of the sold product (Art. 8.1 of the Terms of Service), we do not assume any liability for the performance or suitability of products or services offered on this website.

9.3 We cannot be responsible for errors with regard to photography, content or spelling of this website.

9.4 We exclude all liability for any kind of loss or damage that may result in connection with this website, including but not limited by using, performing, retrieving or downloading data and files, and for any kind of loss or damage that may result from links to other websites.

10. Miscellaneous

10.1 Severability Clause: If any term of these Terms of Service is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. The same shall apply with respect to any omission in these Terms of Service.

10.2 Intellectual property rights: We own the logos, designs, pictures and information on this website, and all copyrights or other intellectual property rights or patents related to this website. It is hereby forbidden to copy, reproduce, post, transmit, modify or distribute our website in any way – in its parts or in its entirety, electronically or in writing – without first obtaining our written consent.

10.3 Copyright of third parties: The copyright of some documents and other materials provided on this website belong to third parties. These documents and the other materials have been provided on this website with the permission of the owner of these copyrights.

10.4 Electronic communication: When using our website, you hereby accept that communication with us will be by electronic means unless otherwise obliged by law. We will contact you by e-mail to the given address. If this proved not to be possible, we would write you by mail to your given postal address.

10.5 Modifications to the Terms of Service: We reserve the right to change or modify the Terms of Service at any time. Any change or modification to the Terms of Service will be effective immediately upon being uploaded on the website by us.

11. Law and Jurisdiction

11.1 These Terms of Service and any agreement for the purchase of products through this website shall be interpreted and governed in accordance with Swiss law. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.

11.2 Bienne (Switzerland) is the place of jurisdiction for any disputes related to these Terms of Service. We are authorized to take legal action in the place of residence of the customer.

12. Protection of Personal Data

12.1 For the processing of contracts, data will be collected, handled and used only if necessary for engaging and accomplishing our services, or if you gave it by choice at our disposal. Beyond the processing of contracts, we will collect, handle and use your data only if we have your explicit consent or a legal regulation allowing us to.

12.2 For proceeding with your order, it is necessary to convey your data to third parties (e.g. Pierre Junod, post office); the third parties are obliged to use your data only for this purpose.

12.3 On all our pages we use cookies in order to make the visit of our website attractive for you and to allow the use of certain functions.

12.4 This website uses Google Analytics, a web analytics service provided by Google, Inc. (hereafter: Google). Google Analytics uses cookies, which are text files placed on your computer to help the website analyse how visitors use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. You can disable Google Analytics by installing this opt-out browser add-on: https://tools.google.com/dlpage/gaoptout?hl=en