Terms of use of the webstore

Welcome to the official STISS webstore www.stiss.ch (hereafter named the «webstore»). This webstore is provided by Winwatch Trade Ltd, a company under Swiss law, company ID CHE-150.319.496, Rue de l’Industrie 10, 1950 Sion, Switzerland. Winwatch Trade Ltd is the owner of the STISS® (Swiss Technology Inside Smart Sapphire) brand. The owner of the webstore will therefore be referred to as «Winwatch» hereinafter. Please note that the services provided by Winwatch on the internet do not constitute an offer to conclude a contract with the users of the webstore.

The conclusion and execution of purchase contracts is subject to the «Terms and conditions of sales» of Winwatch. The current version of these is available on this webstore. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review these terms of use whenever you use our webstore. If you do not agree to these terms, please do not use the webstore. 

In the event of deviations, the German version of our Terms of use of the webstore is authoritative and only this is legally binding.

Access to this webstore is subject to the following terms of use of the webstore.

Webstore transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to change the webstore

We reserve the right, at any time in our sole discretion to modify, suspend or discontinue the webstore or any service, content, feature or product offered through the webstore, with or without notice; charge fees in connection with the use of the webstore; modify and/or waive any fees charged in connection with the webstore; and/or offer opportunities to some or all users of the webstore. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the webstore, or any service, content, feature or product offered through the webstore.

Webstore contents

All content on the webstore https://www.stiss.ch (including, without limitation, images, photos, design, text, logos, graphics, icons, audio/video clips, downloads, interfaces, information, materials, code and software as well as the selection and arrangement) are the exclusive property of Winwatch, its licensors or its content providers and are protected by copyright, trademark and other applicable laws. Webstore users may access, copy, download and print the content of the webstore for personal and non-commercial use only, provided that users do not modify or delete any copyright, trademark or other proprietary notices appearing on the webstore content which the users access, copy, download or print. Any other use of any content on the webstore is prohibited including, but not limited to, the modification, distribution, transmission, broadcasting, posting, uploading, licensing, reverse engineering, transfer or sale of or creation of derivative works of content, products or services, which are obtained from the webstore or the use of the webstore for purposes that compete with Winwatch.

User comments, feedback and other submissions

Winwatch is pleased to hear from users and welcomes your comments regarding our products and services. Winwatch’s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Winwatch’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postmail, or otherwise (collectively, «comments»), you agree that Winwatch may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to Winwatch. Winwatch is and shall be under no obligation

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments.

Winwatch has the right but not the obligation to monitor and edit or remove any comments. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Winwatch or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Winwatch takes no responsibility and assumes no liability for any comments posted by your or any third party.

Personal information submitted through the webstore

Your submission of personal information through the webstore is governed by our privacy policy, which can be reached by clicking on the «Privacy Policy» link located in the footer section of the webstore. This agreement incorporates by reference the terms and conditions of the privacy policy.

Errors, inaccuracies and omissions

Although Winwatch takes care to ensure that this webstore contains correct and up-to-date information, the company assumes no guarantee as to the content of the webstore. Winwatch assumes no liability for the accuracy, timeliness or completeness of the information contained on the stiss.ch webstore. Winwatch reserves the right to change the contents of this webstore in any way, at any time, for any reason and without notice, and is in no way liable for any consequences of such changes without prior notice (including after you have submitted your order).

Links to other websites and services

The webstore may contain links to other websites that are not under the control of Winwatch. Winwatch has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the sites’ users.

Disclaimer

The materials on the webstore are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Winwatch expressly disclaims any duty to update or revise the materials on the webstore, although Winwatch may modify the materials at any time without notice. Your use of the webshop is at your sole risk, and you assume full responsibility for any costs associated with your use of the webstore. Winwatch cannot be held liable for any damages, costs or losses incurred as a result of using the stiss.ch webstore, nor the use of links and/or e-mail addresses provided by Winwatch.

Indemnification

You agree to defend, indemnify and hold Winwatch harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the webstore and/or your breach of any representation, warranty, or other provision of the agreement.

Dispute resolution

Mindful of the high cost of litigation, not only in money but also in time and energy, both you and Winwatch agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the webstore, or the breach, enforcement, interpretation, or validity of this agreement or any part of it («dispute»), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute. Notice shall be sent to

1.         Winwatch Trade Ltd, Rue de l’Industrie 10, 1950 Sion, Switzerland, or

2.         to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Winwatch agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of law

To the extent permitted by law, these terms of use of the webstore are subject to Swiss law. To the extent permitted by law, Sion/Switzerland shall be the place of jurisdiction for all disputes arising from these terms of use of the webstore. Winwatch is also entitled to sue at the customer’s location. The waiver of any provision shall not be considered a waiver of any other provision or of Winwatch’s right to require strict observance of each of the terms herein. If any provision of these terms are found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Termination

These terms are effective unless and until terminated by either you or Winwatch. You may terminate this agreement at any time. Winwatch also may terminate this agreement at any time without notice, and accordingly may deny you access to the webstore, if in our sole judgment you fail to comply with any term or provision of the agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

December 2020


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