Terms and conditions of sales
In the event of deviations, the German version of our Terms and conditions of sale is authoritative and only this is legally binding.
1. Scope of application and general information
1.1 These «Terms and conditions of sales» apply to deliveries and services via www.stiss.ch hereinafter referred to as «webstore», which is operated by Winwatch Trade Ltd, a company under Swiss law, company ID CHE-150.319.496, Rue de l’Industrie 10, 1950 Sion, Switzerland hereinafter referred to as «Winwatch». Winwatch is the owner of the STISS® brand for watch glasses (Swiss Technology Inside Smart Sapphire).
1.2 We recommend that you read the present terms and conditions of sales, hereinafter referred as «TCS» carefully before ordering payment watches from our webstore.
1.3 The following TCS apply to all deliveries between us and a consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.4 Winwatch presents the payment watches in its webstore as accurately as possible. Unfortunately, it cannot be avoided that colours and shapes on the respective screens do not correspond to the actual occurrences. Furthermore, Winwatch cannot guarantee that the descriptions and illustrations of the payment watches are always free of errors and that the payment watches correspond exactly to the expectations of the customers.
2. Conclusion of contract
2.1 The assortment presented in the webstore does not represent a binding offer but is only a non-binding invitation to the consumer to order payment watches. By ordering the desired payment watches, the consumer submits a binding offer to conclude a sales contract.
2.2 The order takes place in the following 3 steps. You order in our webstore by going through the following steps:
Place the watch in your shopping basket by clicking on «Add to cart» button without obligation.
You can view the payment watch you have placed in your scart by clicking on «Cart» icon. Here you can also delete the watch. In this cart you will find an overview of the ordered payment watch(es). Please check the cart for the correctness before you continue the order process. If everything is in order, proceed to step 2.
Inside your cart, prior to procced to the checkout you must link the chosen payment watch to your bank card by clicking on the «Link» button, which links you to the external highly secure Manage-Mii platform, on which you enter your personal and bank card data and you also must accept their Manage-Mii conditions and terms. Winwatch has no access to the confidential data you enter on their plattform. Go through the different steps and after the successfull linking of the payment watch with your bank card, go back to your cart on our stiss.ch webstore.
There click on «Proceed to checkout» button. This will take you to the ordering checkout process. You will be asked to enter the delivery address. After selecting and depositing the means of payment, you complete the binding purchase process by clicking the «Place order» or «PayPal» button. Our purchase confirmation with the order date and the final amount will then be sent to you by e-mail. It represents the binding conclusion of a contract for the purchase of the ordered payment watch.
Unfortunately, it is no longer possible to change the order after placing the order. If the order has not yet been processed, you can contact Winwatch to cancel the complete order and then place a new order if you wish. Otherwise you can exercise your right of withdrawal according to article 3 of these TCS.
If an order is placed despite unavailable payment watches, we will inform you immediately by e-mail and give you the opportunity to wait for the watches to arrive or to cancel the order for a refund.
2.3 The text of the contract is not stored by us and cannot be retrieved once the order has been placed. However, you can print out the order data immediately after it has been sent. You will also receive the order data (without our TCS) by e-mail in the confirmation of receipt after your order.
2.4 Prices and payment
Products and prices stated in the webstore are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our webstore, by telephone or e-mail. Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the payment watch will be delivered. It solely notifies the customer that the placed order was received by the webstore and a contract was therefore concluded under condition of deliverability and correct price quotation.
2.4.1 All prices are inclusive of VAT plus shipping costs. The prices valid at the time the order is received by us shall apply. For orders shipped to an address outside the EEU, United Kingdom, Liechtenstein and Switzerland, import duties and taxes may be charged. These fees vary from country to country. For detailed information, buyers must contact us prior to make an order.
2.4.2 Payment shall be made in advance. We use external payment service providers, through whose platforms users and Winwatch payment transactions can be made. Winwatch offers the following payment options: bank transfer, Visa, Mastercard, AMEX and Paypal. The products will be shipped as soon as the customer’s transfer amount has been received in full. In the event that no payment is received after your order has been placed, we may cancel your order without prior notice.
Your payments are securely managed by Stripe according to strict banking standards. Winwatch does not store credit card numbers. All credit card and debit card payments on the Winwatch webstore https://www.stiss.ch are processed through secure and trusted payment gateways managed by Stripe. Credit card providers often use the 3D Secure password service for online transactions, providing an additional layer of security through identity verification.
Payment transactions are subject to the terms and conditions and privacy notices of the respective payment service providers, which are available on the respective websites or transaction applications. We refer you to them for further information and the assertion of revocation, information, and other rights of data subjects.
The data processed by the payment service providers includes inventory data such as name and address, as well as bank data such as account or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient details. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. We do not receive any account or credit card related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the general terms and conditions and the data protection information of the payment service providers.
The payment watch will be delivered to the delivery address you specify. Winwatch is committed to provide up-to-date and precise information on availability and delivery times in the webstore. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.
Together with the confirmation, the customer is provided with a provisional delivery date. If delivery by Winwatchis delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Winwatch will refund the customer any amount paid in advance. No further claims towards Winwatch apply.
Winwatch offers free shipping for all payment watches within the 26 EEA countries (European Economic Area) including United Kingdom, Liechtenstein, and Switzerland. Should we not ship to your country please contact us directly.
If we are unable to meet the estimated delivery time stated in the order confirmation, which is 5-7 working days within Europe (26 EEA countries of the European Economic Area) and 2-3 working days in Switzerland and Liechtenstein, we will contact you immediately to notify you of a later delivery date. If you reject the new delivery date, you may cancel the order at no cost and the purchase price will be refunded.
2.6 If payment watches with obvious transport damages are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
2.7 Reservation of title
The delivered payment watches remain our property until final payment has been made. All ordered watches remain the property of Winwatch until payment is received in full.
3. Revocation instruction for consumers
Consumers are entitled to a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
Revocation – right of withdrawal
You have the right to revoke this contract within fourteen days. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have or have taken possession of the last goods. In order to exercise your right of revocation, you must also return us the provided mandatory «Return Form Swiss Military watch» to revoke this agreement. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the payment watch back or until you have provided evidence that you have returned the payment watch, whichever is earlier. For any undamaged, unused, yet not contactless payment activated and unworn STISS® empowered watch, return it with its included original packaging along with the provided mandatory «Return Form STISS® empowered watch» within 14 days from the date you receive the device.
We only accept return delivery against signature with tracking number indication. Note that Winwatch will not accept unpaid shipments or COD packages and will not bear the costs for shipping or returns. You assume the risk of loss or damage to the returned device while it is in the post back to us.
However, we must charge you a fee of € 16.00 per watch, which we incurred to establish the link with your bank account. On receipt of your returns parcel, you will receive the purchase price of the payment watch less the € 16.00 bank link fee.
Exceptions to the right of withdrawal
The right of revocation does not apply to the delivery of payment watches which have been manufactured according to customer specifications or are clearly tailored to personal needs.
4. Warranty, Guarantees
The statutory warranty provisions apply. If we grant you a guarantee beyond that, the details result from the guarantee conditions, which are attached to the payment watch delivered in each case. Warranty claims exist independently of the warranty rights.
Warranty Swiss Military – STISS Edition watches
Those watches were manufactured by Winwatch in collaboration with Chrono AG as the owner of the Swiss Military by Chrono brand and are supported by Mastercard®. The responsible manufacturer is Winwatch.
This warranty does not apply to:
– the battery life;
– normal wear and aging (e.g. scratched glass, change of color and / or material of non-metallic bands such as rubber);
– damage to a part of the watch caused by improper / abusive use, lack of care, negligence, accidents (shocks, bumps, squeezing, broken glass, etc.), of the watch;
– indirect or consequential damage of any kind caused by use, malfunction, defects or inaccuracy of the watch;
– exposure to electrostatic, magnetic and / or electromagnetic sources, discoloration by exposure to ultraviolet light;
– watches handled by persons not authorised by Winwatch (e.g. while in service or repair) or which has been changed from their original condition outside the control of Winwatch;
– the shipping costs.
Any further claims, e.g. for damages that go beyond the above-described warranty, are expressly excluded by Winwatch, apart from mandatory legal rights of the buyer. Repair services or replacement under the warranty do not entitle you to an extension or a new start of the warranty period.
In the event of a warranty case, send the watch by registered mail to Winwatch, together with this original guarantee-certificate and a short description of the problem.
Winwatch shall provide warranty either by:
- repairing the product free of charge
- providing a partial or full replacement with an equivalent product
- refunding at current value or, at maximum, at the original sales price at the time of order
- providing cost reduction
Winwatch explicitly excludes warranty for wear parts, batteries, watch glass, as well as for software problems. Otherwise, liability exclusion applies.
All repair costs incurred outside of the warranty shall be borne by the customer. Winwatch reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all payment watches showing no detectable defects or defects that are not covered by the warranty.
5. STISS contactless payment function – Exclusion of liability
The payment chip inside the STISS sapphire watch glass contains a dynamic Mastercard payment token, but does not store neither your personal information, nor bank or card information. Neither Winwatch nor Chrono AG as the owner of the Swiss Military by Chrono brand will be informed of any payment transactions you have carried out.
Neither Winwatch nor Chrono AG are liable for any losses that may arise because of your watch was not deactivated by you in advance in your bank app. In addition, in case of loss or theft of your watch, please directly contact your bank to have the watch deleted from your customer account. In this case, do not forget to disable the watch immediately inside the bank app. If you have problems with the payment function of your watch, please always contact your bank first.
You should not contact Winwatch until your bank confirms that the problem is not related to the bank app or card that you have linked to the watch. This may mean that there is a possible hardware malfunction of the chip.
Winwatch and Chrono AG are not responsible for any payment or transaction dispute that may arise in relation with the use of the watch’s contactless payment function. Please contact your bank or merchant directly to clarify any disputed amounts and costs.
6. Exclusion of liability
Liability for payment watches purchased through the Winwatch webstore is governed by applicable law. In no event shall Winwatch be liable, whether in contract or otherwise, for any indirect, direct or consequential damages of any kind, including, without limitation, lost revenues, lost profits and unrealized savings, arising out of or in connection with a sale made through the webstore https://www.stiss.ch. Liability shall only exist in the event of deliberate misconduct or gross negligence on the part of Winwatch or its agents. Liability is based on the applicable legal provisions. However, in no event shall Winwatch be liable for
(i) slight negligence,
(ii) indirect and consequential damage and subsequent damage and loss of profit,
(iii) unrealised savings, or
(iv) damage resulting from delivery delay, or
(v) any acts and omissions on the part of auxiliary persons of Winwatch, be this contractual or non-contractual.
Moreover, Winwatch is not liable for damage resulting from the following causes:
- Storage, setting or use of products that is improper, unlawful or contrary to contract;
- Use of incompatible spare parts or accessories;
- Failure to maintain and/or improper modification or repair of the watches by our clients or a third party;
- Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Winwatch or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. postal carrier).
7. Data protection
8. Severability clause
Should any provision of these TCS be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
You may not transfer, assign, charge or otherwise dispose of any rights or obligations under any contract between you and Winwatch to any third party without our prior consent.
10. Alternative dispute resolution – code of conduct
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase contracts in which the customer is involved.
However, Winwatch does not participate in a dispute resolution procedure before a consumer arbitration board. We have not subjected ourselves to any codes of conduct.
11. Applicable law, jurisdiction and contractual language
All legal transactions between the customer and Winwatch are, as far as legally permissible, subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any intergovernmental agreements shall not apply.
As far as legally permissible, Sion / Switzerland shall be the place of jurisdiction for all legal disputes arising from the legal relationship between the customer and Winwatch. Winwatch is also entitled to sue at the customer’s domicile. The contract language is German or French.
12. Copyright, intellectual property and patent rights notice
All rights to these TCS, particularly copyrights, intellectual property or patent rights, are reserved by Winwatch. All reproduction, distribution, production, commercialisation or other use is prohibited except with written permission from Winwatch.
In the event of breach of this requirement, Winwatch reserves the right to take legal action.