Terms and ConditionsGeneral Terms of Sale
These general terms of sale (“Sale Terms”) set out the terms and conditions that will apply when you buy any YOUNGSTERNA® products (“Products”) from YOUNGSTERNA AG (“Seller” or “we,” “our” or “us”) through our shop on our website (www.YOUNGSTERNA.com) (“Website”). These Sale Terms form an integral part of the purchase and sale contract between you and Seller and all sales of Products through the Website are subject to and expressly conditioned upon these Sale Terms and upon your assent hereto, and no other party shall have any liability whatsoever with respect to the Products sold through the Website. No variation of these Sale Terms will be binding upon us unless agreed to by in writing by one of our authorized representatives. If you are unable to understand, or have any questions about these Sale Terms please contact us using the contact information set out on the Website. You will be required to confirm that you have read and accept, and agree to be bound by, these Sale Terms before you submit an order to us. Without limiting the foregoing, by placing an order for any Product you accept and agree to be bound by these Sale Terms.
Prior to submitting an order, please save or print a copy of these Sale Terms to keep on file for future reference regarding the order you are submitting. Please note that these Sale Terms may be revised from time to time and the revised Sale Terms shall become effective once posted on the Website.
If you log in the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to take responsibilities for all activities that occur under your account. If you are under 18, you may use the Website only under supervision of a parent or guardian.
OFFERS AND PRICES
We will have the right, at any time, to make changes to information about Products displayed on our Website, including information about prices, description or the availability of Products, and we may do so without first giving you notice of the changes. We will not make any changes to the price, availability or description of any Products after we have accepted an order to supply the Products to you.
The prices on the Website are exclusive of shipping charges and sales, use, excise and all other taxes.
ORDER AND ACCEPTANCE
If you would like to order Products, you can use the order process on our Website to place an order.
Each order submitted constitutes an offer to purchase Products from us. Orders are subject to our acceptance and are not binding on us until accepted pursuant to an order acceptance email as described below. We may, at our discretion, refuse to accept your order, including where orders cannot be processed due to an error in information you have provided to us, for example, where you provide us with:
- an incorrect payment card number, expiration date or card security code
- incorrect billing information (e.g., where the billing information you provide is different from the information that the bank which issued your payment card has on record);
- insufficient or an incorrect shipping address (i.e., street address, city, country or postcode); or
- fraudulent information;
- there is an error on our Website relating to the Products that you have ordered, for example an error relating to the price or description of the Products as displayed on our Website; or
- the Products that you have ordered are no longer available through our Website; or
- the destination to which the Product is requested to be shipped is beyond our scope of delivery.
We will, unless we suspect that your order was placed for fraudulent purposes, send you an email to the email address that you have provided to us if we are unable to accept your order, informing you of the reason.
After we have received your order via the Website, you will receive an email from us confirming receipt of your order, usually within minutes. If you do not receive an email, you should email or call us before you try to place another order for the same Products. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.
Your order is only accepted by us if you receive a separate order acceptance email. The purchase and sale contract between you and us is created when we send you such order acceptance email. If your order contains more than one Product, and we only accept parts of the Products you ordered (“Accepted Products”) in the order acceptance email, the purchase and sale contract between you and us shall be created only with regard to the Accepted Products.
We will send you a further email when we dispatch all, or if earlier the first part, of the Products covered by our order acceptance to confirm that your order has been dispatched.
We will take reasonable steps to ensure that the prices and other information about Products on our Website are accurate. If there is an error relating to Products for which you have placed an order, we may reject your order. If we reject your order because of an error, we will notify you at the email address or, if you placed your order over the telephone, the telephone number that you have provided to us and ask you whether you would like to re-submit your order to purchase the relevant Products once we have corrected the error. If we have notified you that we have accepted your order, you will not be required to pay more for the product than the price that was displayed on our Website at the time that you placed your order for the Products.
If you have any questions, suggestions or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.
The inclusion of any Products on our Website does not imply, warrant or guarantee that the Products will be available if you wish to place an order to purchase it.
PRODUCTS ON BACKORDER
We will notify you at the email address that you have provided, if we are unable to deliver the Products on backorder within thirty (30) days from the date of your order (“Products on Backorder”) and ask you if you would like us to send you the Products on Backorder when it becomes available or if you would like to cancel your order. If we do not receive a response to our email, we will assume that you do not want us to cancel your order and so we will ship to you the Products covered by your order as soon as it is in stock.
Any Products on Backorder will be shipped by our standard delivery service when it becomes available.
You can cancel your order for Products on Backorder at any point prior to shipment of Products on Backorder by emailing us.
ORDER CANCELLATIONS AND CHANGES
You can make changes to or cancel your order at any time before your order has been accepted by us. To make changes to your order, please email us at email@example.com. If your order has already been accepted, you will only be able to request a refund or exchange of the Products pursuant to the terms of our return and exchange policy set forth below.
Any authorized “hold” on your payment card will usually be released within three (3) to five (5) working days from the date of cancellation.
RETURN AND EXCHANGE POLICY
If we have sent you Products, which are different from the description of the relevant Products on our Website at the time that you have placed your order, you will have the right to return the Products. Beside this, you have no rights to request return or exchange of the Products.
You may track the progress of your order with the information sent to you on the dispatch email if such tracking number is available from the logistic partner.
SHIPPING AND SHIPPING CHARGES
Local & international shipping to most of the countries in the world is available when ordering Products from our Website.
We are committed to apply to the same quality standards for the shipping as we do for all aspects for YOUNGSTERNA®.
You must pay all shipping and handling charges (“Shipping Charges”) in addition to the purchase price for the Product. The Shipping Charges will depend on the value of your order and the country to which the Products are being shipped. Details of the Shipping Charges will be transparently listed during the checkout process. All Shipping Charges will be shown to you before you complete your purchase.
The shipping time will depend on your exact destination and your country’s custom handling, but mostly varies around 2-5 days. However, specific shipping times cannot be guaranteed.
TRANSFER OF TITLE AND RISK
Products that we deliver to you will become your property at the time we hand the Products over to the carrier/postal service. As soon as we have handed over the Products to the carrier/postal service, you will become responsible for them and for any loss, theft or damage to them thereafter." This way, YOUNGSTERNA will only have to insure their deliveries up to the point where YOUNGSTERNA hands over the products to the freight carrier/postal service (if any insurance is needed at all), as thereafter, the risk of loss is borne by the customer.
Products that we deliver to you will become your property at the time the Products are delivered. As soon as we have delivered the Products to you, you will become responsible for it and for any loss, theft or damage to it thereafter.
We warrant to you that the Products will be free from breakage or malfunction under normal use due to defects in material or workmanship (a) in case of watches for a period of two (2) years from the time title and risk is transferred to you pursuant to the paragraph above and (b) in case of any other Product for a period of one (1) year from the time title and risk is transferred to you pursuant to the paragraph above (“Limited Warranty”). This Limited Warranty does expressly not extend to the case, strap, finish and crystal.
In case of a breach of the Limited Warranty, we will either, at our option, (i) repair any defective Products at our cost, (ii) replace any defective Products with the same or a comparable product at our cost or (iii) refund the purchase price of any defective Products. The foregoing remedies are your sole and exclusive remedies and our entire obligation and liability for any breach of the Limited Warranty and you shall have no other remedies whatsoever in case of a breach of the Limited Warranty. In particular (without limitation), you shall not be entitled to any damages whatsoever (including without limitation incidental, indirect, consequential or special damage arising from any or all uses of the Products) or a rescission of the sale and purchase contract for any reason.
The Limited Warranty will become null and void if the Products are modified or altered, misused, abused, tampered with or taken apart, or if the Products are repaired by anyone other than an authorized repair center.
OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE LIMITED WARRANTY MADE BY SELLER, NEITHER SELLER NOR ANY SUPPLIER OR MANUFACTURER OF PRODUCTS MAKES ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED, WHETHER EXPRESS WARRANTIES OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PROCEDURE IN CASE OF A BREACH OF THE LIMITED WARRANTY
You must ship or bring the defective Products to one of our authorized representative partners. Check on YOUNGSTERNA.com for our authorized representative partners.
When shipping or bringing your Products to our authorized representative partner, please pack it carefully and securely.
Be sure to provide the following information to us: (i) your name, (ii) mailing address (street, city, state, zip code), (iii) preferred phone number (with country and area code), (iv) email address (to help expedite your repair), (v) copy of our order acceptance email and (vi) a note explaining the nature of the problem.
When shipping, we recommend that you insure your Products against damage, theft or loss. We are not responsible for damage, theft or loss during shipping. NOTE: PLEASE DO NOT SHIP IT WITH THE ORIGINAL PRODUCT PACKAGING.
In most of the cases the repair will be completed within 4-6 weeks. Please note there may be issues beyond our control, such as holidays, parts backorders or unique repairs that affect any repair or times.
For any work not covered under the Limited Warranty, we will provide you with an estimate regarding the costs and time required. We will carry out the respective work only after your approval of the estimate and receipt of the payment for the respective works.
If you have any questions, please contact info@YOUNGSTERNA.com.
You must pay for your order using one of the offered payment solutions and providers on www.YOUNGSTERNA.com.
The charge for your order will appear on your credit, debit or charge card statement. If you wish to dispute the validity or amount of a charge that appears on your credit, debit or charge card statement, you must contact us within 30 days of the time the charge appears on your statement.
We use a customs broker to clear international shipments and process all duties and taxes and that broker will also be acting as our agent in relation to the Products that is being delivered.
RESALE / RESHIPPING OF OUR PRODUCTS
It is important for us to monitor the quality of the Products that our customers purchase in order for us to maintain customer satisfaction and therefore you must not resell the Product, misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Products. You agree that you are purchasing the Products for personal use and you will not act as a reseller of any Products. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our Products.
Nothing in these Sale Terms will exclude or limit our liability to you for fraud, death or personal injury or any other liability which the applicable law states may not be excluded or limited.
Notwithstanding anything to the contrary, wee will not be liable to you for: breach or default due to any force majeure event (including without limitation any acts of terrorists, acts of God, fire, flood or other extreme weather conditions, market disasters, and any other event which is beyond the reasonable control of us);
- our minor negligence;
- any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
- any loss or corruption of or damage to data;
- any actions by auxiliary persons (in the sense of article 101 of the Swiss Code of Obligations); and
- any incidental, indirect, special, consequential loss or damage, or any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including but without limitation to copyright, trademark, patent and trade secret) and related rights in, of, and to all Products, technology, software, programs, data and other information (including but without limitation to words, images, pictures, photos, audios, videos, charts, colors, layout and electronic file) within Website are vested in YOUNGSTERNA AG or its affiliated companies. Without the consent of YOUNGSTERNA AG, no one is permitted to use (including but without limitation to copy, transmit, display, mirror, upload and download) the said information.
“YOUNGSTERNA” and other words, graphics and combination of words and graphics as well as other logos, marks, product names and service names within the Website are all trademarks of YOUNGSTERNA AG and its affiliated companies. Without written authorization of YOUNGSTERNA AG, no one may display, use or otherwise dispose of any of the said trademarks in any way
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments, photos and other content, and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “SPAM”. We reserve the right (but not the obligation) to remove or edit such content.
The purchase and sale contract between you and us (including these Sale Terms) is exclusively governed by the laws of Switzerland, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (so-called Vienna Convention) shall not apply to this contract.
The place of jurisdiction and performance relating to the purchase and sale contract between you and us (including these Sale Terms) is Zurich, Switzerland.
If either you or we do not enforce or delay enforcing any of our rights under a contract, this will not stop us from doing so at a later date.
In case any provision of this contract should be held null and void, invalid or unenforceable, the validity and enforceability of the remaining provisions contained herein shall in no way be affected or impaired thereby and such provision shall be replaced by a new provision having a commercial effect as near as legally permissible to the one found null and void, invalid or unenforceable. The same shall apply by analogy in case of any contractual omissions or gaps.
No party other than you or us has any right to enforce any term of these Sale Terms.