General Terms and Conditions
Last update: July 2020
Article 1 - SCOPE
1.1. Engineered SA (hereinafter « Engineered ») is a Swiss limited company registered in Switzerland under UID number CHE-112.307.546 and located at Avenue des Sports 28, 1400 Yverdon-les-Bains, Switzerland.
1.2. « Wattson Audio » is a brand registered, owned, operated and managed by Engineered.
1.3. The present General Terms and Conditions (hereinafter « GTC ») govern the business relations between Engineered and its customers (hereinafter « the Client »), and apply to all legal transactions made through the online store www.wattson.audio (hereinafter « the online store »), by email, by phone or in written offers. The online store is operated by Engineered.
1.4. The dispatch of the order to the Client implies his acceptance of these GTC in their entirety. The Client declares that he has the capacity to contract with Engineered on the basis of these GTC. The Client warrants that all the information he provides is correct.
1.5. Any person who places an order declares that he/she is above the age of 18 and has the legal capacity to enter into contracts. The data required for registration must be complete and truthful.
1.6. These GTC may be changed at any time by Engineered without any prior notice. It is incumbent upon the Client to keep up to date with the content and any changes to these GTC at the time of placing an order.
Article 2 - PRODUCTS
2.1. The products sold are described on the online store. The specifications and information provided in the online store, brochures, data sheets, advertising, etc. is believed to be accurate and reliable, but do not constitute contractual documents. Product images used for online store, brochures, data sheets, advertising, etc. are for illustration purposes only and are not binding. Engineered assumes no responsibility whatsoever for any errors or omissions in connection with the images or instructions that appear in its online store.
Article 3 - PRICES
3.1. The prices shown on the online store are quoted in Swiss francs (CHF) and are exclusive of taxes.
3.2. Associated costs (e.g. customs, duties, import taxes, VAT, etc.) may apply and are not included in the final amount of the order.
3.3. Engineered reserves the right to change its prices and conditions at any time without any prior notification. The price invoiced for the delivered products shall be the price valid on the order date. This price is stated on the acknowledgement of the order sent to the Client.
3.4. The promotional discounts offered in the context of advertising campaigns on the online store shall be deducted directly from the amount invoiced.
3.5. Product offers are not valid unless they are visible on the online store and are subject to availability, while stocks last.
3.6. Engineered cannot under any circumstances be held responsible for a computer bug that changes the price of one or more articles without its knowledge. Engineered accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products.
Article 4 - ORDER
4.1. In case of an order in the online store, the Client makes a binding offer once he has clicked on the button « Place Order » for all items in the shopping cart. Before sending the order, the Client can review and, if necessary, modify the order regarding its correctness and the data of value and quantity. After sending the order, the Client receives an order confirmation by e-mail. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the Client that the placed order was received by the online store and that it will be processed. The order is processed upon payment of the invoiced price. It becomes final after its acceptance by Engineered.
4.2. Under exceptional circumstances, in particular insolvency or provision of incorrect information, Engineered reserves the right to reject the order placed by the Client. In this case, the Client will be notified immediately.
4.3. Engineered cannot under any circumstances be held responsible for a computer bug that changes the order without its knowledge. Engineered accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products.
Article 5 - PAYMENT
5.1. The payment of the products and services is done by credit card, by bank transfer or with PayPal. When paying by credit card or other instant payment methods, the amount is debited at the time of order. In case of prepayment, delivery is made only after receipt of the payment.
5.2. The Wix Payments system used by Wattson Audio is located in Luxembourg. As a result, additional transaction fees may apply when paying by credit card. These fees are to be paid by the Client.
5.3. All products sold on the online store and ordered by the Client are shipped from Switzerland. Therefore, customs, duties, import taxes, VAT and other fees not indicated in the total price may apply to international shipments and if so, will be collected by customs offices of the destination country indicated by the Client during the order process. These taxes are to be paid by the Client.
Article 6 - DELIVERY
6.1. Products are sent to the delivery address indicated by the Client during the order process. In the transmission of the order, the Client recognizes to have acquainted with these GTC and accepts them.
6.2. The actually delivered quantity appears on the delivery note as well as on the invoice. In case of missing articles or of reduced quantities, the Client can aspire neither to compensation nor to damages. If a charged article cannot be delivered, the corresponding amount is paid off to the Client. There shall be no new delivery and the Client cannot claim to subsequent damages.
6.3. As a general rule, available articles are sent within two (2) in five (5) working days. If an article cannot be sent, the Client is notified by e-mail.
6.4. Engineered delegates to external service partners the delivery of products. The delivery deadlines indicated by Engineered are provided for guidance only. Engineered will endeavour to adhere to the delivery deadlines. However, the Client is not permitted to cancel the order on the grounds of non-adherence to the delivery deadlines, nor will such non-adherence give rise to a claim for compensation or a late delivery penalty.
6.5. Engineered is not responsible for the theft of the goods once they have been posted by its partners. If there is any doubt about the security of the post box, it is incumbent upon the Client to request recorded delivery. Upon delivery of the goods or deposit thereof at the domicile of the Client, the benefits and risks (in particular, but not limited to theft, damage by third parties, bad weather) are transferred to the Client.
6.6. Delivery notes and invoices will be sent by e-mail whenever possible.
Article 7 - RESERVATION OF OWNERSHIP
7.1. The goods will remain the property of Engineered until the invoice is paid in full.
Article 8 - RIGHT OF RETURN
8.1. The Client is responsible for inspecting the goods upon delivery. The Client shall inform Engineered of any defects, or false or incomplete deliveries, immediately after detection thereof. If the goods are unfortunately delivered to the Client’s delivery address in a poor condition, Engineered will resolve the matter upon submission of proof, namely a photo of the damaged goods and reasons sent by e-mail within forty-eight (48) hours of receiving. If the delivery is carried out by a service partner, the Client has to state the defect on the delivery note.
8.2. The return of a product is only possible within a maximum of fourteen (14) calendar days of receiving, date of postmark as proof. The goods must be returned in their original packaging, with all accessories and with the delivery note. Return of goods is at the expense and risk of the Client.
8.3. If the Client mistakenly places an order, the goods will not be taken back or refunded.
Article 9 - WARRANTY
9.1. The products are warranted to be free of any defect with respect to workmanship, quality, reliability and performance for a period of two (2) years from the date of shipment.
9.2. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. Engineered or the merchant shall provide warranty either by repairing the product free of charge (original warranty period continues to apply to the entire product), or providing a partial or full replacement with an equivalent product.
9.3. Should the Client find that a product has failed after expiration of the warranty period, the defective piece of equipment will be repaired for as long as suitable replacement components are available. The Client will bear any labour and component costs incurred in the repair or refurbishment of said equipment.
9.4. Within the two (2) years’ warranty period, any attempt to repair the product by anyone other than by Engineered or any third party authorized by Engineered will void the warranty. Should the Client decide to return the product for repair, Engineered reserves the right to assess any modifications or repairs made by the Client and decide if they fall within warranty limitations.
9.5. In no event shall Engineered be liable for direct, indirect, special, incidental or consequential damages (including loss and profits) incurred by the use of the product. Implied warranties are expressly limited to the duration of this warranty.
ARTICLE 10 - FORTUITOUS EVENTS OR EVENTS OF FORCE MAJEURE
10.1. Engineered will not be liable for failure to perform any of its obligations under these GTC to the extent such performance is hindered, delayed or prevented by fortuitous events or events of force majeure. Engineered will provide notice to the Client of such fortuitous event or event of force majeure within five (5) days after the occurrence. Should Engineered be unable to perform its obligations for more than thirty (30) days, the Client has the right to cancel any pending order. In such case Engineered will proceed to a complete refund of the order.
Article 11 - DATA PRIVACY PROTECTION
Article 12 - APPLICABLE LAW AND JURISDICTION
12.1. These GTC as well as the contracts concluded in pursuance thereof are governed by Swiss law.
12.2. Any disputes arising hereunder shall be settled before the competent court at the principal place of business of the company Engineered SA, Avenue des Sports 28, 1400 Yverdon-les-Bains, Suisse. E-mail: firstname.lastname@example.org.
Article 13 - ORIGINAL TEXT
13.1. Engineered’s Original GTC are written in English and French. In case of contradiction, the French version prevails.