Terms of Sale
ZINVO TERMS OF SALE
These Terms of Sale apply to (i) ZINVO SA, a Swiss company, if you are located outside of the United States, and (ii) ZINVO LLC, if you are located in the United States (ZINVO SA and ZINVO LLC, as applicable, are referred to as the “Company”, “ZINVO”, “We” or “Us”) and to you as a customer of ZINVO and purchaser of ZINVO Products through www.zinvowatches.com (“You”, “Your”, “Visitor”, “Customer”, and “Purchaser”).
GENERAL TERMS OF SALE
These general terms of sale (“Sale Terms”) set out the terms and conditions that will apply when you buy any ZINVO products (“Products”) through our shop on our website (www.zinvowatches.com) (“Website”). These Sale Terms form an integral part of our purchase and sale contract. 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 these Sale Terms before you place an order with us.
These Sale Terms are subject to change without any prior notice to You at sole discretion of Zinvo. By placing your order with us, You agree and accept these Sale Terms as amended and posted on the Website on the date your order was submitted.
OFFERS AND PRICES
ZINVO has the right to make changes to information about Products displayed on our Website, at any time, including but not limited to information about prices, description or availability of Products. Information on the Website is subject to change without any prior notice to You. However, ZINVO will not make any changes to the price, availability or description of any Products after we have accepted your order to supply the Products to you.
ORDER AND ACCEPTANCE
Please use the Website to place your order by simply adding ZINVO Product to your cart and go through our intuitive and reliable check-out process.
Your submitted order constitutes an offer to purchase Products from us. Your order is subject to our acceptance and we may, at our sole discretion, refuse to accept your order, including any situation where your order cannot be processed due to an error or omission in information you have provided to us, for example, where you provide us with:
- an incorrect payment card number, expiration date or card security value number;
- 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., missing street address, city, country or postcode);
- fraudulent information;
- information about your PayPal account being inactive or blocked;
- or in case of 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.
We will notify You, unless we suspect that your order was placed for fraudulent purposes, via your email address that you have provided to us during check-out process 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, please email or call us first before you try to place another order for the same Products. Please 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 and when 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.
We will notify you via email when we ship all, or if earlier the first part, of the Products covered by our order acceptance email confirming 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 an error relates 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 via email or, if you placed your order over the telephone, by calling the telephone number that you have provided to us. You will be asked 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, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.
Presence of any Product on our Website does not imply, warrant or guarantee that this Product will be available at the time you wish to place an order to purchase it.
PRODUCTS PREORDER OR BACKORDER
Any Products being scheduled for future release and placed on preorder or Products not currently in stock, but placed on backorder, will be shipped to You by our standard delivery service when they become available.
We will notify you at the email address that you have provided, if we are unable to deliver the Products on preorder or backorder within thirty (30) days from the date of your order. You will be asked if you would like us to send you the Products on preorder or 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.
You can cancel your order for Products on backorder at any point prior to shipment of your order 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 firstname.lastname@example.org 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 Policy posted on the Website.
Any authorized “hold” on your payment card will usually be released within three (3) to five (5) working days from the date of cancellation.
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
Please refer to our Shipping Terms posted on the Website.
TRANSFER OF TITLE AND RISK
Products that we deliver to you will become your property at the time that you receive it. 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.
Please refer to our Terms of Warranty posted on the Website.
You may pay for your order using all offered payment solutions and providers on www.zinvowatches.com.
The charge for your order will appear on your credit, debit or PayPal statement. If you wish to dispute the validity or amount of a charge that appears on your credit, debit or PayPal statement, You must contact us first.
In case we use a customs broker to clear international shipments and process all duties and taxes, that broker will also be acting as our agent in relation to the Products that are being delivered.
RESALE / RESHIPPING OF OUR PRODUCTS
It is important for us to monitor the quality of ZINVO Products that our customers purchase in order for us to maintain customer satisfaction and therefore YOU MUST NOT MISREPRESENT YOURSELF AS BEING ONE OF OUR AUTHORIZED RESELLERS OR AS BEING QUALIFIED TO RESELL OUR 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.
Subject to ZINVO Disclaimers posted on the Website, ZINVO 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 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; or
- any actions by auxiliary persons; and
- 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.
The purchase and sale contract between you and us (including these Sale Terms) is exclusively governed by (i) the laws of Switzerland, without regard to its conflict of law principles, if you are located outside of the United States, and (ii) the laws of Delaware, without regard to its conflict of law principles, if you are located in the United States. The UN Convention on Contracts for the International Sale of Goods (so-called Vienna Convention) shall not apply to this contract.
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 a contract.