Terms of use and general terms and conditions

Scope of Validity

These Terms of Use and General Terms and Conditions of WERENBACH AG, with registered office in Zurich (hereinafter “Werenbach”), govern the legal framework for the use of the websites www.werenbach.ch and www.werenbach-crowdfunding.ch (hereinafter “Website”) and the acquisition of products via the Website.

By accessing the Website and/or ordering products, the validity of these Terms of Use and General Terms and Conditions (hereinafter “Terms of Use”) is accepted for the version valid at that time. Deviating or supplementary General Terms and Conditions of the customer are not accepted, even where we have not expressly objected thereto.

Werenbach reserves the right to change these Terms of Use at any time. The applicable version of the Terms of Use is the one that is valid at that time.

For any questions pertaining to the Terms of Use, please contact us prior to your purchase at [email protected]

Disclaimer

Responsibility for the use of the Website lies solely with the customer. Werenbach reserves the right to change, supplement or delete content and/or offers at any time and without prior notice. Although Werenbach reviews the content of the Website regularly, it cannot accept any liability for the correctness, currency or completeness of the information.

Any liability for damages, damages to third parties or consequential damages that arise from or in connection with any use of this Website is excluded.

The Website may contain links to other websites not operated by Werenbach. Any liability for such content is excluded. The operators of the websites are exclusively responsible for the content of the linked sites. Accessing a link is always done at the customer’s own risk. Links placed on our Website by third parties lie outside of Werenbach’s scope of influence and control. Any liability for the content or services of websites that place links to our Website or Werenbach’s products is excluded.

NASA ISS LIVE STREAM (HDEV)

High Definition Earth Viewing (HDEV) is a long-term experiment conducted by NASA on the International Space Station (ISS) since April 30, 2014. These are four commercially available HD video cameras which observe the earth from three different directions from the ISS.

The HDEV system was developed at the Johnson Space Center in Houston and implemented together with students from the High Schools United with NASA to create Hardware program. The main objective of the HDEV mission is to examine how the image quality of the cameras changes over time under the influence of extreme radiation conditions. The only protection is therefore only light insulation against the cold and nitrogen to simulate the earth’s pressure conditions.

Every experiment comes to an end at some point. NASA is not communicating the end of this experiment. Therefore, it is possible that the life of a Werenbach watch will be longer than the experiment on the ISS continues. Since Werenbach has no influence on technical problems of the test cameras on the ISS or the decisions of NASA, any liability with regard to malfunctions, the absence or the definitive discontinuation of the video streams is rejected.

Eligibility

You are entitled to purchase products on our Website if:

  • you are registered on the Website;
  • you are 18 years of age or older (if this is not the case, your use of the Website must be supervised and authorized by a legal representative)
  • the information you provide is true and correct.

Orders / Order Confirmation

Any order that takes place via written or electronic means constitutes an offer to conclude a contract with Werenbach. Werenbach is entitled to reject the conclusion of a contract and therefore also the fulfilment of the associated order. The contract is concluded only with the confirmation of an order by Werenbach. In the event of payment via PayPal or credit card, this order confirmation will take place immediately.  If the payment is made via bank transfer or invoice, an order confirmation will take place upon receipt of the purchase amount in full.

In the case of order on account, we will send an electronic invoice to your email address. Accordingly, it is important that you enter a valid and correct email address when ordering. We recommend you to store this email to aid any potential future correspondence with our customer service department. When paying your invoice, please ALWAYS state the invoice number.

In the event of disparities between the order and the order confirmation, the order confirmation shall take precedence, unless you complain to our customer service department in writing within 48 hours of receiving the order confirmation.

Generally, you have the right to cancel your order with Werenbach at any point prior to the dispatch of your goods. However, for products produced according to individual specifications (B.T.O. Editions Collection), your order may only be cancelled insofar as the production of the product has not yet begun.

If you wish to return received goods, please see the below section on “Customer’s Right of Return”.

In cases of dispute, the product assortment shown on the Website and the price given there on the date of order will always take precedence.

Product Use

The purchase of our products is exclusively intended for your non-commercial, private use. No resale of the products may be carried out without Werenbach’s consent. All intellectual property rights (including trademark rights) are reserved. If you intend to purchase a larger quantity of our products for commercial purposes, please contact us at [email protected]

Payment

You can pay using a credit card, PayPal or by invoice. All bank transactions in connection with credit card payments are carried out via Payrexx. Werenbach does not process any bank details.

Our invoices are payable in the stated currency and within ten (10) days of the date of invoice. For orders from Switzerland, the invoice amount will be given in Swiss Francs. Following the expiry of the payment period, the customer shall be in default without the need for further notice. In the event of non-adherence to the agreed terms of payment (in particular in the event of default), Werenbach is entitled, after 30 days, to halt any pending deliveries to the customer without any liability of compensation and to withdraw from the contract. In the event that customer is unable to pay, Werenbach is entitled to do so with immediate effect.

For orders on an account, the order will be processed only once payment has been received by Werenbach.

WERENBACH-CREDITS

Registered customers can earn Werenbach credits with a Werenbach account for various promotions in the Werenbach online shop on www.werenbach.ch. The collected credits can be redeemed at a later purchase of a Werenbach product. The customer thus benefits from a price reduction on www.werenbach.ch.

Credits

  • 1 Credit = 1 CHF
  • are not paid out
  • are not transferable
  • cannot be applied for retroactively if watches were purchased in the shop
  • can only be redeemed in the Werenbach Webshop via your own account

Werenbach reserves the right to adjust or discontinue the credit program at any time at its own discretion. In the event of adjustments, the currently valid version shall apply. In the event of a termination, the existing credits expire without the customer’s right to compensation.

Werenbach reserves the right to cancel unauthorized credits without further notice.

Taxes, Customs Duties and Additional Costs

Based on their IP address, visitors who access the Website from Switzerland will see prices displayed including VAT. All other visitors will see prices excluding VAT. The amount of VAT to be paid by the customer, in either case, is determined by the respective place of delivery: Switzerland, the EU or any other country.

Werenbach fulfils orders for Switzerland. For orders from all other countries, local rates of the VAT and/or customs duties for the delivery of products to the respective location will apply. The amount to be paid is set by the local customs authority and is payable to the courier.

Since the courier clears customs duties in advance, it charges a country-specific transaction fee on the tax to be paid.

For details on the taxes, duties and costs incurred for receipt of the goods, please contact the responsible body in your country of residence. Werenbach is not able to supply any information in this regard.

Crowdfunding & Presale

Werenbach is partly financed by crowdfunding. Whoever orders a product on the Kickstarter.com platform accepts the conditions of Kickstarter (https://www.kickstarter.com/terms-of-use?ref=global-footer). Once a project on Kickstarter.com has reached its financing target, Werenbach also offers the crowdfunding offer in advance for the remaining period (or longer) in its own webshop.

Cancellation: During the crowdfunding phase Werenbach has the right to cancel the project including all orders at its own discretion, for any reason. In this case, the funds will be refunded within 10 working days. Further claims of the customer/customer are excluded.

Delivery Date (crowdfunding & presale): Products purchased during the crowdfunding project on Kickstarter or in presale are either not yet produced or in production. Since Werenbach depends on external partners for production, the delivery date cannot be guaranteed. This date is a reasonable estimate. Everything is done to meet this date. Nevertheless, the delivery date may be postponed. Participants in these campaigns are regularly informed about the status of production via newsletters or Kickstarter updates.

Guarantee

Guarantee services:

Watches with STP movements: Two years from the date of purchase.

Watches with Sellita or Soprod movements: five-year warranty from the date of purchase. provided that it has been serviced previously in accordance with our recommended service interval of 3 years. Otherwise, the warranty will expire after 4 years.

Please note that any previous servicing must have been carried out Werenbach or one of our international service providers. If the watch has been serviced or opened by another service provider, the warranty is void.

The guarantee pertains exclusively to production defects on the watch itself (watch movement, case, watch glass). Parts other than those named above are not covered by the guarantee. To make use of the guarantee, please contact us via [email protected] In your corresponding email, you must state your name, address, order number and an exact description of the problem. Please write “Complaint regarding a purchase” in the subject line. The costs of returning the goods will be borne by Werenbach. If Werenbach cannot identify the defect described in your message, the product will be returned to you without further action.

Please be aware that in the following cases, a repair/replacement will be subject to cost, even within the guarantee period:

  •      Defects or damage caused by improper use or negligence (knocks, dints, scuffs, broken glass, etc.)
  •      Defects or damage caused by unwarranted repairs or modifications
  •      Defects or damage caused by fire, water or natural disasters such as earthquakes
  •      Visual changes occurring over the course of normal wear and ageing (e.g. small scratches on the case and/or glass, colour changes on the strap or detachment of the coating)
  •      If the retail outlet or date of purchase are not stated on the guarantee or have been changed
  •      Battery changes are always subject to a fee.

The case, face, hands, glass and/or other parts of the watch may be replaced with alternative products if the original parts are no longer available.

Product Information

Werenbach has the right to adjust prices and product information (e.g. product images and offers) without prior notification. The product images and informational texts available on the Website are intended to provide as accurate a representation of the product as possible. However, we cannot guarantee that all images will reflect the exact appearance of the watch. Images can vary according to your computer’s colour settings. All images are intended as non-binding illustrations.

In particular, the fact that Werenbach incorporates original, unaltered rocket material into its watches can mean that each watch displays different traces of use on the face. These can take the form of scratches, dints, colour nuances etc.

No claim to a particular series number exists.

Delivery & Customer’s Right of Return

Werenbach ships worldwide. Deliveries are carried out in cooperation with different courier companies.

Generally, the customer has the right to return goods within two (2) weeks of delivery, provided that they contact Werenbach’s customer service department in writing within this period (via email). Furthermore, the right of return exists only when the product is returned to Werenbach free of damage and in its original packaging. When returning goods to Werenbach, the customer shall bear the full risk of transport and the transport costs.

If a product has been produced according to customer specifications (B.T.O. Editions Collection), it is not possible to return the delivered goods. The return of goods purchased using price reductions (e.g. discounts or promotional prices) is likewise excluded.

When the watch is shipped abroad, the customer receives an automatic notification e-mail from UPS. From this moment on it is the customer’s responsibility to accept the shipment.

  • The delivery address and the delivery date can be adjusted via UPS form, which is automatically delivered by email. UPS makes several delivery attempts. If these are unsuccessful the third time and there is no written contact between UPS and the receiver/customer for seven days, the goods will either be destroyed by UPS (in agreement with Werenbach) or returned to Werenbach. Werenbach is then released from the obligation to deliver and declines any liability.
  • If consignments are returned to Werenbach because the customer cannot be contacted or the customer refuses to receive the consignment, a flat-rate charge of CHF 200 will be made for expenses.

If the goods are destroyed, the customer loses the right to a refund of the paid purchase amount.

Guarantee and Liability in Regard to Product Defects

The customer must check the product for correctness and condition immediately upon receipt and report any defects or incorrectly delivered goods to Werenbach within ten (10) days, in writing and giving reasons. Otherwise, the delivery will be deemed to have been correct and free of defects.

All complaints are to be submitted via e-mail to [email protected] Please state your order number and reason for complaint and we will get back to you at the earliest opportunity.

If a defect is reported within the stated period and with justification, Werenbach’s warranty obligation is limited to the free delivery of goods in a defect-free condition. Werenbach has the right to replace a defective item with a defect-free version of the same model. If the item has been discontinued and also cannot be repaired, you will receive a full refund.

No further warranty/guarantee claims exist on the part of the customer. Our liability for violation of the contract is unrestricted in the event of willful or gross negligence and in cases in which the violation of contract has led to bodily harm or death. In all other cases, insofar as it is legally permissible, any contractual and/or non-contractual liability is excluded. If any law applicable to evaluate the effectiveness of this provision permits the limitation of liability on a wider scale or an exemption from liability, this shall be deemed agreed.

Force Majeure

In the event that extraordinary circumstances not attributable to Werenbach (e.g. shortage of raw material, strikes, delays on the part of suppliers, etc.) prevent or delay the delivery of the products or lead to increases in production expenses, we reserve the right, without any obligation to compensate, to withdraw from the contract by issuing written notification to the customer, unless the customer accepts the delivery delays or price increases caused by the above-mentioned circumstances. For delays in delivery of more than two (2) months, the customer has the option to cancel the order.

Intellectual Property Rights

All rights to intellectual property – such as trademarks and copyright – for the Website and the material published on it are the property of Werenbach. Any use of the Website or its content, including the full or partial copying or storage of this content, is permitted solely for personal, non-commercial purposes, insofar as the specific consent of Werenbach has not been obtained.

Reservation of Title

Until such time as full payment is received, all products remain the property of Werenbach. We are entitled to initiate a corresponding entry in the retention of title register.

Personal Data

When you make a purchase from Werenbach, your data will be processed for the purpose of fulfilling your order. Werenbach handles all personal data in a confidential manner. You have the right to request information about your data and, where necessary, to have it corrected or deleted. You can learn more about the use of your personal data and about the use of cookies, Google Analytics, Google Adsense and social plugins here.

Cessation of Right of Use

Werenbach reserves the right to cancel your account and/or your right of use for the Websites www.werenbach.ch or www.werenbach-crowdfunding.ch at its own discretion. This can occur if Werenbach has cause to assume that you have violated these Terms of Use. Such cancellations may occur without prior notification.

Language Versions

These Terms of Use may be drawn up in German and English. In case of deviations, the German version shall take precedence.

Applicable Law

These Terms of Use and the use of the Websites www.werenbach.ch and www.werenbach-crowdfunding.ch shall be governed by Swiss law without giving effect to (i) the UN Convention on Contracts for the International Sale of Goods (CISG) from 11.04.1980 and (ii) its conflict of laws provisions.

Place of Performance and Jurisdiction

The place of payment and performance (the latter only for customers with registered seat or residence abroad) and the exclusive place of jurisdiction is Zurich, Switzerland. Alternatively, Werenbach has the right to request the customer to appear before any other court having legal jurisdiction.

Last amendment(s) to these Terms of Use: 17.09.2020