General Terms and Conditions
These General Terms and Conditions define the rights and obligations between parties arising from the purchase of goods or provision of services at the e-shop at shopnyo.com that is operated by the company SEQUENT AG By purchasing goods or ordering a service at the e-shop at sequentworld.com.com you express your unconditional acceptance of these General Terms and Conditions.
Abbreviations and terms in capital letters shall have the meaning specified in the following table or in the body of the Terms. The introduction of an abbreviation or specification of a term in the body of the Terms is typically indicated in parentheses with the words "hereinafter" or "hereinafter also".
Any person be it natural person or legal person entering into a contract with the Seller. Purchaser is either a Consumer or an Entrepreneur
Any private individual acting outside his or her business or independent practice or profession entering into a contract with the Seller or otherwise dealing with the Seller
Any legal person or any private individual acting in connection with his or her business or independent practice or profession
Act num. 89/2012 Coll., civil code as amended
Website of the e-shop located at sequentworld.com
These General Terms and Conditions
1.1 General terms
Products purchased through one of our crowdfunding campaigns such as Kickstarter or Indiegogo are exempt from our standard Return & Refunds policy.
Why? Part of the idea behind this campaigns is to prove demand, and build products in a rapid, user-centered design cycle. By reaching out on crowdfunding campaigns, we can assess our demand, build a stronger relationship with our early adopters, and use feedback to make our product as amazing as possible. However, those crowdfunding platforms are not online shops, because supporters back the entire project where a reward will be dispatched (product), once the project is successfully launched. All the funds are used towards the realisation of the project and therefore any returns and refunds will cause damage to the overall project.
Certainly, the product guarantee still applies.
All products sold in platforms like Kickstarter and Indiegogo are shipped as DDU (Duties Delivered Unpaid). Means that the buyer need to pay for the import taxes and the value-added tax (VAT) depending the shipping destination.
Sequent watch may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
2. PRE-CONTRACTUAL INFORMATION
This section summarizes the basic rights and obligations between the Purchaser and the Seller that are further detailed and amended in following sections of the Terms. The Purchaser is advised to make himself familiar with the full Terms.
2.1 Specification of goods and services
Specification of goods and services is in full available from the Website and the Purchaser can review these specifications anytime during the purchase at the shopping cart and before placing the final order. The specification of goods and services is also available to the Purchaser via the confirmation of the order sent to the Purchaser via his or her e-mail. Specification of goods and services is an integral part of the contract entered into by the Purchaser and the Seller.
All prices are contractual and by ordering the goods or services the Purchaser agrees to the price. Prices are quoted online through the Website. Total price comprising of sum of prices of all the goods and services ordered is displayed to the Purchaser through the Website before he places the final order.
Prices quoted through the Website are final and include VAT and other taxes or fees excluding costs of delivery, payment fees and customs fees which are charged extra if applicable.
2.3 Advance payment
All purchases or orders of services are subject to the advance payments in full. The Seller shall only deliver fully paid orders. If the order is not paid in full in 15 days after the order was placed the Seller is entitled to withdraw from the contract.
2.4 Payment methods and fees
The Purchaser can choose any payment method that is made available through the Website as prompted during the process of placing an order. Some payment methods might be subject to fees that are charged extra. In such a case the fee is quoted clearly through the Website when selecting the payment method. If using a payment provider, the provider might charge its own fees.
2.5 Means of delivery and costs of delivery
The purchased goods will be delivered to the Purchaser by a parcel service provider chosen by the Seller. The Purchaser can choose the parcel service provider only if the Website prompts the Purchaser to choose the parcel service provider. The delivery costs might vary depending on the delivery location the Purchaser chooses and will be quoted to the Purchaser clearly by the Website before submiting the order.
Digital content is delivered electronically. The Seller charges no fees for electronic delivery. Electronic delivery might be subject to fees charged by telecommunications provider used by the Purchaser.
2.6 Warranty information
Goods and services are subject to lawful warranty under conditions stipulated in the section 5 of the Terms.
2.7 Binding period
The contract on purchase of goods is binding from the moment the order is accepted by the Seller to the moment of delivery of goods to the Purchaser. After the delivery of goods, the contract is fulfilled and only certain rights and obligations such as the warranty last.
The binding period of a contract on provision of services may vary depending on the ordered services and will be clearly quoted by the Website before placing the order and stated in the confirmation of the order the Purchaser receives.
2.8 Information about digital content and compatibility
If digital content is subject of an order, then the information about its functionality and compatibility will be clearly quoted by the Website.
2.9 Costs of communication
The Seller does not charge any fees for the communications. The communication might be subject to the fees of service provider used by the Purchaser (e.g. internet service provider, telecommunication services provider).
2.10 Technical steps leading to conclusion of the contract
The Purchaser selects the goods and services through the Website by placing the selected items in the shopping cart and then submits the order by filling out the checkout form. By submitting the checkout form the contract between the Seller and the Purchaser is concluded. The contract can be concluded in English only.
The Purchaser can review the order before entering into the contract at the checkout form and can change the order before submitting the checkout form by going back to the shopping cart form and making the adjustments.
The contract shall be stored in the Sellers system and Purchaser can review the contracts by logging into the Purchaser’s account.
2.11 Consumer’s right to withdraw from contract
Under standard circumstances the Consumer is entitled to withdraw from the contract in 60 days from the delivery of goods or from entering into the contract on provision of services by the Seller. However most of the goods the Seller offers are exclusive pieces modified according to the Purchaser’s wishes in various ways such as by custom engraving (e.g. a Purchaser’s initials, inscription). Such goods that have been modified according to the Purchaser’s wishes are exempt by the law from the obligatory 14-day withdrawal period and the Consumer is not entitled to withdraw from the contract in 14 days from the delivery.
If the Consumer orders standard goods or services, then the 60-day withdrawal period applies normally. In such cases the Consumer may withdraw from the using the contact details available through the Website and sending it to the Seller by mail or e-mail or use other means of communication. The Consumer shall bear the costs of returning the goods to the Seller if the standard mail service cannot be used due to the nature of the goods. The Consumer shall pay the price of services provided before the withdrawal from the contract.
In addition to the above mentioned case of goods that have been modified according to the Consumer’s wishes (e.g. by custom engraving) the Consumer is not entitled to withdraw from contract if digital content is the subject of the order and the digital content has been delivered to the Consumer before the end of the withdrawal period with the Consumer’s consent or if the services have been provided before the end of the withdrawal period with the Consumer’s consent or under other circumstances specified below.
2.12 Consumer dispute resolution
In any case of dissatisfaction on the Purchaser’s side the Purchaser should first contact the Seller to settle the case amicably to the full satisfaction of the Purchaser.
3. CONTRACT ON PURCHASE OF GOODS AND PROVISION OF SERVICES
3.1 Entering into the contract
The Seller makes an offer for the sale goods and provision of services through the Website which includes the specification of the goods and services, prices and other contractual details; these Terms are part of the offer. The offer is made with reservations listed in section 2.5 of the Terms. The Purchaser enters into the contract by completing the checkout form via the Website and submitting the order to the Seller with the exceptions listed in section 2.5 of the Terms. Any order notes filled in by the Purchaser are not part of the contract.
Without undue delay the Seller confirms the delivery of an order by e-mail on specified e-mail address of the Purchaser. The confirmation includes summary of the order and these Terms and together form the contractual terms.
Before completing the checkout form or as part of the checkout form the Purchaser is obliged to setup an account in the Seller’s system by entering an e-mail address and password. The Purchaser can review the orders by logging into the user account.
Digital content might be subject to a separate licence terms.
3.2 Obligations of the parties
Under the contract the Seller is obliged to deliver the goods or provide the services that are subject of the contract to the Purchaser, provided that the Purchaser paid the price in full.
The Purchaser is obliged under the contract to pay for the ordered goods and services in full and to accept and receive the goods and services from the Seller.
By entering into the contract, the Purchaser accepts the price of the goods and services as specified in the submitted order.
All prices include the VAT. Costs of delivery, payment fees or customs fees might be charged extra if applicable. The total price might be rounded up to the whole unit.
The Purchaser must apply for any discounts before entering into the contract through the Website (usually by redeeming a code or coupon code at the checkout form). Later claims of discounts or other benefits shall be declined by the Seller.
The Seller reserves the right to select the payment methods at its own discretion. The payment methods available are listed on the checkout form of the Website. Some payment methods might require using a third-party service.
All payments are due by the time the Purchaser entered into the contract unless otherwise quoted by the Website.
The Seller shall issue an invoice in accordance with the law for any payments. The invoice shall be delivered to the Purchaser via e-mail.
In some cases the Seller is obliged under the Sales Registration Act to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed. The receipt is provided online via the Website or e-mail.
Under the following circumstances the contract is not concluded by submitting the order to the Seller and the bellow stipulated process applies:
- the total number of ordered items exceeds 30 in a single order or multiple orders made by the same Purchaser in a month;
- the ordered item or items is out of stock or is no longer manufactured;
- the price quoted by the website was clearly incorrect (e.g. missing a digit, is suspiciously low, the discount is higher than 50% of the original price without special circumstances or under similar circumstances);
- the system awarded the Purchaser a discount the Purchaser is not eligible for or accepted multiple non-cumulative discounts by malfunction, accident or by misconduct of the Purchaser;
Under the above stipulated circumstances, the Seller is entitled to refuse to enter into the contract by sending notice of cancellation to the Purchaser via e-mail in 15 days from the submitting of the order via the Website. If the Seller does not send the notice of cancellation the contract is concluded. In such cases the contract between the Seller and the Purchaser is null and void. In such cases the parties are entitled to request returning of the performance provided or payments made.
In case the Purchaser enters invalid, incorrect e-mail address or e-mail address not belonging to the Purchaser, then the Seller is not liable for not delivering the notice of cancellation.
The contract is null and void even without the cancellation notice in case of misused payment information (e.g. payment card data), the Purchaser’s details are not valid or accurate or the Seller has reasonable suspicion that the Purchaser’s details are invalid or inaccurate. The Seller shall inform the Purchaser without undue delay.
4. WITHDRAWAL FROM THE CONTRACT
4.1 Consumer’s right to withdraw from the contract
The Consumer is entitled to withdraw from the contract with or without any reason in 60 days from:
- delivery of the goods to the Purchaser or last delivery of the goods if the delivery is split into multiple deliveries;
- first delivery of the goods if it is an ongoing contract;
- conclusion of the contract if it is a contract on provision of services;
For the avoidance of any doubt, the goods that are modified according to the Consumer’s wishes by mandatory engraving are exempt from the 14-day withdrawal period and the Consumer is not entitled to withdraw from the contract on sale of such goods in the 14-day withdrawal period.
4.2 Limitations of the Consumer’s rights
The Consumer is not entitled to withdraw from the contract under following circumstances:
- the goods have been modified according to the Consumer’s wishes which include the cases that the goods have been ordered with custom engraving;
- the digital content has been delivered to the Consumer before the end of the withdrawal period with the Consumer’s consent;
- the services have been provided before the end of the withdrawal period with the Consumer’s consent;
- the price of the goods depends on fluctuations of the financial market independently of Seller's will and which may occur during the withdrawal period;
4.3 Return of the Goods
The Purchaser is obliged to return the goods received without undue delay and in any case in 14 days from withdrawal of the contract. The goods must be returned complete alongside with all associated accessories, documentation, undamaged and clean.
The Purchaser is liable for decrease in value of the goods caused by excessive use or inappropriate handling of the goods. In such cases the Seller is entitled to claim damages and deduct them from the refund.
If the goods cannot be returned by standard mail service, the Purchaser shall pay the costs of returning the goods to the Seller.
In case of withdrawal from contract the Seller shall make the refund without undue delay and no later than 14 days from the withdrawal from the contract and by the same means the Purchaser made the payment.
If the Purchaser chose other delivery method than the cheapest one, then the Seller is entitled to refund only the costs of the cheapest delivery method.
In any case the Seller is not obliged to make the refund before the goods are returned to the Seller or the Purchaser proves that he/she has already sent the goods to the Seller.
4.5 General right to withdraw from the contract
Any of the contractual parties is entitled to withdraw from the contract without undue delay after the other party breaches the contract substantially. The breach of the contract is deemed substantial if the contractual party would not have entered into the contract if the party knew about the breach.
The Purchaser is not entitled to withdraw from the contract if the contract is breached only by delay in the delivery of the goods that is shorter than 3 months.
4.6 Seller’s right to withdraw from the contract
The Seller is entitled to withdraw from the contract under following circumstances:
- the Purchaser does not pay the price in full in 15 days from entering into the contract;
- the Seller cannot fulfil the contract based on circumstances outside of the Seller’s control;
- the ordered goods are out of stock or are not manufactured anymore;
- the Purchaser refuses or fails to provide necessary cooperation;
- the costs of fulfilling the contract increased substantially between the date of payment and the date of delivery of the goods;
5. DELIVERY TERMS
5.1 Means of delivery
The Seller reserves the right to select the methods of delivery at its own discretion. The methods of delivery available are clearly listed on the Website.
The goods are delivered by parcel service provider. The Seller reserves the right to select the parcel service provider at its own discretion. If a selection of parcel service providers is available through the Website, the Purchaser can select the parcel service provider. Detailed terms for different parcel service providers are available through the Website.
Digital content is provided by the Seller electronically either by allowing the Purchaser to download the digital content or by allowing online access to the content through the Website or by other means.
Delivery by parcel service providers might be subject to fees depending on the ordered goods and delivery location. The costs of delivery are clearly listed on the Website.
5.3 Delivery of the goods
The goods shipped to the Consumer are delivered when collected by the Consumer. The goods shipped to the Entrepreneur are delivered when handed over to the first parcel service provider.
The Seller reserves the right to request the Purchaser to prove the Purchaser’s identity upon delivery of the goods by providing identification documents (e.g. ID card, passport). If the Purchaser fails or refuses to prove his or her identity to the Seller or its contractual partner (e.g. parcel service provider) upon request, the Seller is entitled to refuse to hand over the goods. The Purchaser is liable for damages and costs of repeated delivery.
The Purchaser is obliged to thoroughly inspect the delivery (package details, possible damaged packaging etc.) before accepting it from the Seller or parcel service provider. The Purchaser shall refuse to collect incorrect or damaged delivery. If accepting a damaged delivery, the Purchaser shall describe the damage in the delivery note of the parcel service provider. The Purchaser is obliged to report a damaged or incorrect delivery without undue delay to the Seller. Late claims of incorrect or damaged deliveries might be declined by the Seller.
The Purchaser is obliged to inspect the goods without undue delay after the delivery and claim any obvious defects without undue delay in accordance to the section 5 of the Terms. Late warranty claims might be declined by the Seller.
5.5 Delivery times
The Seller shall deliver the goods and services in delivery times quoted by the Website. If the delivery time is not quoted by the Website, then the Seller shall dispatch the goods that are labelled “in stock” in 15 business day from entering into the contract or in 6 months if the goods are to be customized according to the Purchaser’s wishes (this includes custom engraving).
The Seller reserves the right to prolong the delivery times by notice delivered to the Purchaser’s e-mail in case any unexpected event prevents the Seller from delivering the goods or services in time.
The Seller is not obliged to deliver the goods or provide any services before the Purchaser has paid the price in full.
The Seller is not liable for late deliveries by the parcel providers or in case of force majeure or IT systems disruption.
The performance has defects if it does not have the agreed upon characteristics or something other than agreed is delivered. The Seller is only liable for defects that the performance had by the time the risk of damage passed to the Purchaser even if the defect becomes evident later. The Seller is liable for defects that emerge later only if those defects are a result of a breach of Seller’s obligations. The risk of damage passes to the Purchaser when the goods are delivered according to the section 4 of the Terms.
6.2 Warranty periods
The Purchaser is obliged to claim the warranty without undue delay after the defect becomes evident and, in any case, no later than the specified warranty period.
Unless quoted by the Website otherwise the warranty period for the Consumer is 24 months. Please note that most of items have a 60 months warranty.
The Purchaser might decline warranty claims made tardily or after the warranty period has expired.
If a defect becomes evident in 6 months after the delivery, it is assumed that the goods had the defect in time of the delivery.
6.3 Limitation of warranty
the Seller is not liable for defects:
- caused by usual wear and tear and ordinary use;
- caused by the Purchaser;
- the Purchaser was aware of before accepting the delivery or if the defect was evident before the delivery;
- the goods were discounted for and expressly stated before the delivery;
6.4 Rights of the Purchaser
If the Performance has defects, the Consumer has the following rights:
- to have the defect removed by replacement (i.e. delivery of new item or missing item or missing component) if it is not inadequate to the nature of the defect. If the defect is related only to a part of the item, the Consumer can claim only replacement of this part;
- If the replacement would be inadequate to the nature of the defect, especially if the defect can be repaired with undue delay, the Consumer has right to have the defect repaired;
- If the defect cannot be removed neither by replacement nor by repair the Consumer is entitled to withdraw from the contract;
- if the Consumer cannot use the item properly for repeated defects after repair or for large number of defects the Consumer is entitled to claim replacement or withdraw from the contract;
- in any case the Consumer is entitled to claim adequate discount instead of any of the above-mentioned rights;
If the Seller does not repair the defect in a reasonable time no shorter than 6 months after the Purchaser provided necessary cooperation for the repair, the Purchaser is entitled to claim adequate discount or withdraw from contract instead.
The Purchaser cannot withdraw from the contract nor claim delivery of new item in connection to a defect if the Purchaser cannot return the original item in the condition the Purchaser received it in unless the change in condition:
- is a result of an inspection in order to detect the defect;
- is a result of using the item before the defect became evident;
- is not result of the Purchaser’s action or omission;
6.5 Claiming warranty
The Purchaser is obliged to claim the warranty in connection with a defect that could have been detected during proper inspection without undue delay after the inspection and in connection with other defects without undue delay after the defect became evident. Warranty claims made tardily may be declined by the Seller.
The Purchaser is obliged to select the right arising from the defect in the warranty claim notice or without undue delay after the notice. The Purchaser cannot change the selected right without the Seller’s consent unless the Purchaser selected repair and the defect turns out irreparable.
The Purchaser is obliged to hand over the item to the Seller for inspection upon the Seller’s request.
7. DISPUTES AND SETTLEMENT
7.1 Amicable settlement
Any disputes arising from the contract shall be resolved amicably by negotiating between the parties. If the dispute cannot be resolved amicably, it shall be settled by the competent court.
7.2 Competent settlement bodies
The disputes arising from the contract shall be settled by competent courts Switzerland.
The Consumer may seek the settlement by extrajudicial dispute settlement body according to the section 1.12 of the Terms.
7.3 Applicable law
The contract is construed according to the laws of Switzerland and the contractual parties agree that the contract shall be interpreted according to the laws of Switzerland. The contractual parties agree that any dispute arising from the contract shall be settled according to the laws of Switzerland. The contractual parties agree that the United Nations Convention on Contracts for International Sale of Goods does not apply.
8. FINAL PROVISIONS
8.1 No licence
No licence is awarded under the contract. The Purchaser is not entitled to use any of the registered trademarks, product names, company and product logos belonging to the Seller or Seller’s business partners.
The contract may be amended only by agreement of the contractual parties in writing including the e-mail correspondence upon e-mail addresses stated by the contractual parties.
The contractual parties undertake to provide necessary cooperation to fulfil the contract.
These Terms come into force and effect on 01.10.2020, repealing the previous versions.
9. PERSONAL INFORMATION