SCOPE OF TERMS AND CONDITIONS OF ONLINE SALE
These terms and conditions of online sale for the “www.noomoon.ch” website (hereinafter the “Site”) apply to all orders for products made available for sale on the Site by the owner-company:
Rue du Crêt-Rossel 10
2300 La Chaux-de-Fonds
Registered on the Commercial Register of the Canton of Neuchâtel (CH) under number CHE-102.069.581.
Tel.: +41(0)32 967 70 60 / Fax: +41(0)32 967 70 61
As such, any order placed on the Site implies full acceptance of these terms and conditions.
The terms and conditions applicable to the contract of sale between BRASPORT SA and the Customer are those in force at the time the order is confirmed by the Customer. They apply to the exclusion of all other conditions.
BRASPORT SA reserves the right to periodically modify these terms and conditions.
CONDITIONS OF PRODUCT ORDER
To place an order, the Customer must:
1- Be of legal age under applicable law
2- Have the legal capacity to enter into contracts
Purchase for resale
The purchase for resale of products offered on the Site is strictly prohibited. By confirming their order, the Customer guarantees that he/she is not purchasing products from the Site for commercial purposes.
Any order placed in violation of the conditions and content of this article II will be considered void.
1- Select the products
2- Check the order
3- Confirm the order
5- Order confirmation sent by email.
PRICE AND PAYMENT
Applicable prices are those shown on the Site at the time of the order. Prices are firm and non-revisable for the entire validity of the offer as indicated on the Site. Prices are shown in the currency for the Customer’s region and include sales tax/VAT. If an incorrect price is displayed, BRASPORT SA is under no obligation to deliver a product at an incorrect (lower) price if the error is sufficiently obvious for the Customer to have noticed it.
For deliveries outside Switzerland, any customs duties, fees or taxes are paid by the Customer.
Processing and shipping costs are paid by the Customer and are added to the sales price. These costs will be shown on the order summary before final confirmation of the order by the Customer.
Different payment methods are available on the Site. If payment is made by credit card, the Customer must provide their credit card number and / or bank details by completing the online payment form.
By providing their credit card number and / or bank details, the Customer unconditionally authorizes BRASPORT SA to proceed to the secure transaction and, in particular, payment of the agreed amount.
In the event that the issuer of the Customer’s credit card refuses to authorize payment, it is the Customer’s responsibility to contact the issuer to resolve the problem. The sale remains valid. BRASPORT SA shall not be held liable for any late delivery resulting from this situation.
BRASPORT SA shall not be held liable for the fraudulent use of a credit card as a means of payment to make a purchase on the Site.
Retention of title
BRASPORT SA remains the owner of the goods until full payment thereof.
The Customer is not entitled to pay an amount due to BRASPORT SA using an amount hypothetically due to the Customer by BRASPORT SA.
CANCELLATION OF THE ORDER BY BRASPORT SA
BRASPORT SA reserves the right to terminate the contract and cancel the order in the event of force majeure or circumstances beyond its control, in which case the Client is not entitled to claim compensation of any kind whatsoever.
DELIVERY & SHIPPING
Time of shipping
When the order confirmation has been received by the Customer, and full payment has been received by BRASPORT SA, and only then, the order is made up and dispatched as soon as possible.
BRASPORT SA makes up the order which is then transferred to a carrier. Once the product has been delivered to the carrier, the Customer receives an email with a tracking number.
The products are delivered to the delivery address given by the Customer.
The delivery times indicated on the Site are in working days and begin on receipt of the email confirming that the parcel is in the carrier’s care. They are an estimate based on the average time usually observed. Delivery times correspond to the time required for the carrier to deliver the order and do not include time required to make up the order (generally no more than two days, subject to holiday times at our different companies).
International delivery times may be longer than indicated.
BRASPORT SA shall not be held liable for late delivery. Late delivery does not constitute grounds for cancellation of the order, refusal of the goods, compensation of expenses resulting from late delivery, or the payment of penalties and / or damages.
TRANSFER OF RISKS
The transfer of risks in regard to the purchased goods is effective as soon as BRASPORT SA delivers the parcel to the carrier. Henceforth, the Customer is responsible for loss, theft, damage to the product or damage caused by its use, handling or storage. BRASPORT SA recommends that the Customer insure against these risks.
Verification of the purchased goods and notice of defects
On taking delivery, the Customer must check the condition of the goods. Any defects must be reported within 7 days of receipt to BRASPORT SA by email at firstname.lastname@example.org.
If defects occur later, within a maximum of 2 years from the time of delivery to the Customer, they must be immediately reported to BRASPORT SA by email at email@example.com.
Failure to comply with the abovementioned conditions results in forfeiture of warranty rights.
Customer’s warranty rights
In the event of a proven defect and after BRASPORT SA has authorized return, the product is taken back from the Customer who can request an exchange or a full refund with the exception of shipping and any customs charges which remain the responsibility of the Customer. Any other warranty rights are excluded. In particular, BRASPORT SA does not repair products and does not reduce prices.
Any refund will be made within 14 days from the date on which the faulty product was received by BRASPORT SA and provided that BRASPORT SA has been informed of the Customer’s request for a refund.
Returned products travel at the Customer’s risk. BRASPORT SA recommends that products are returned using a delivery method with tracking and that the Customer insure against transport risks (loss, theft, damage, etc.).
Once the return authorization has been received, the Customer must return the product in its original packaging and in perfect condition. Return costs, including any customs charges, are paid by the Customer.
The Customer must return their order by post to the following address:
BRASPORT HK LIMITED
Unit A & B, 28/F,
235 Wing Lok Street Trade Center
Sheung Wan, Hong Kong
T. +852 3549 6908
Limitation of warranty
Any warranty other than that mentioned in this article VIII is expressly excluded.
INFORMATION PROVIDED ON THE SITE
BRASPORT SA makes every effort to ensure that the information given on the Site (product descriptions, images, prices, availability, documents, other information, etc.) is as accurate as possible. It is provided in good faith without express or implied warranty. BRASPORT SA gives no guarantee as to the accuracy of the information contained on the Site and accepts no responsibility for any loss or damage suffered in connection with the use of the information on the Site.
In particular, while every effort is made to accurately represent the products, the colours and materials shown on the Site may not exactly correspond to the actual product or the Customer’s perception of the said colours or materials.
GENERAL LIMITATION OF LIABILITY
In no event shall BRASPORT SA and / or its staff and / or its suppliers be liable for any damages or losses incurred as a result of or in connection with the use of the services or products provided and / or distributed by BRASPORT SA on the Site.
In particular, BRASPORT SA shall not be held liable should the watch be lost.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the elements published within the Site, such as sounds, images, photographs, videos, text, animations, programs, graphics, utilities, databases, software, and other underlying technologies, as well as the products sold are protected by intellectual property law and remain the exclusive property of BRASPORT SA.
Any personal data collected in the context of distance selling is required for the processing and delivery of orders and for the preparation of invoices.
This information is strictly confidential and treated in accordance with the Swiss Data Protection Act.
BRASPORT SA shall take every precaution to protect the personal data provided by the Customer on the Site against loss, theft or fraudulent use. However, BRASPORT SA cannot guarantee the integrity and the absolute security of the data provided by the Customer on the Site and consequently shall not be held liable for the use of such data by a third party, and in particular as a result of hacking.
If certain provisions of these terms and conditions are deemed to be partly or totally ineffective / void, the effectiveness / validity of the other provisions remains.
The Customer accepts that communication is by electronic means.
These terms and conditions are translated into several languages. In the event of any contradiction between the different versions, only the French version will prevail.
APPLICABLE LAW AND PLACE OF JURISDICTION
- These terms and conditions are governed by Swiss law.
- The courts for the location of BRASPORT SA’s head office in Switzerland are exclusively competent to hear any dispute concerning the interpretation of these terms and conditions, and to rule on the non-performance and / or performance of the obligations arising therefrom.