Terms and conditions of sale - Legal information

Our full terms and conditions of sale can be downloaded here: JDC GT&C

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") apply to the relationship between JDC Electronic SA (hereinafter referred to as "JDC") and any person placing an order on the JDC Internet Site (hereinafter referred to as the "Customer" or "Customers"). JDC reserves the right to adapt or modify the General Conditions at any time, which will be immediately applicable to any new order.

At the time of each order, the Customer must confirm that he/she has read and accepts the General Terms and Conditions. These General Terms and Conditions thus apply to any order placed by the Customer (hereinafter referred to as the "Order"). Any special conditions mentioned on the Internet site(s) operated by JDC (hereinafter: the "Internet Site(s)") in relation to the products displayed form an integral part of the General Conditions. In the event of any discrepancy between the Special Terms and the General Terms, the Special Terms shall prevail.

The products displayed on the Website are for information purposes only and do not constitute offers by JDC. In particular, the photos appearing on the Website are not contractual.
All information provided on the Internet Site (product descriptions, illustrations and photos, films, dimensions, weights, technical specifications, accessories and other data) are provided for information purposes only and are in no way a formal guarantee of these characteristics. JDC also assumes no responsibility for the content of external web pages and partner shops linked via the Internet.

On the basis of this non-contractual information, the Customer may place an order for the product(s) displayed, exclusively by means of the procedure provided for by the Website and by complying with the ordering procedures provided for on the Website.

Any Order, once finalised in accordance with the ordering process available on the Web Site, constitutes an offer by the Customer to purchase the product displayed on the Web Site, under the conditions indicated on the Web Site.

For each Order, the Customer must provide an e-mail address to which all communications from JDC in connection with the Order will be sent. It is the Customer's responsibility to keep this e-mail address current and to review all e-mails sent by JDC. Any communication sent by JDC to the e-mail address provided by the Customer will be deemed to have been received by the Customer on the day after it is sent. The Customer assumes all risks of transmission and delivery.
The Customer may notify JDC within 12 hours of placing the Order of any change of delivery address. However, such change will only be taken into account to the extent that the Order has not yet been shipped to the Customer. Failing that, it shall be the Customer's responsibility to take appropriate measures to receive the Order at the delivery address indicated at the time the Order was placed.

The Order placed by the Customer in accordance with article 2 above constitutes a firm and definitive offer to purchase the product indicated as available on the Web Site.

JDC will be free to accept or refuse, without giving reasons, any order from a Customer. JDC will communicate its acceptance decision by an e-mail sent to the address indicated by the Customer in its Order (order confirmation).

JDC reserves the right to modify its prices at any time, but undertakes to apply the prices displayed at the time of the Order.

The prices shown are expressed either in Swiss francs, euros or US dollars, depending on the choice made by the Customer. Prices are shown exclusive of tax (VAT), unless otherwise indicated. The Customer must also pay delivery costs, which are indicated on the order form according to the delivery options chosen.

The Customer's offer to order a product from JDC implies payment in advance of the amount of the Order and any costs.

Payment of the advance is made on the SAFERPAY secure server, as offered on the Internet Site. This means that no information linked to the Customer's credit card or bank account is transmitted via the JDC sites. Payment by card is therefore perfectly secure.

The Order will be recorded and validated as soon as the payment system accepts the payment. The Customer's Order will be validated and the Customer's card debited automatically when the Order is registered.

The Customer must complete the registration form offered on the Website before being able to validate an order.

The risk of the payment system malfunctioning is borne by the Customer.

Products are delivered to the delivery address indicated by the Customer in the Order. The risks associated with sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer as soon as JDC hands over the goods to the carrier chosen by the Customer on JDC's Internet Site. In the event of an error in the addressee's contact details, JDC shall not be held responsible for the impossibility in which it may be to deliver the product.

The costs inherent in the return of an unclaimed parcel and any reshipment shall be borne by the Customer. Before any reshipment, JDC may ask the Customer to pay the related costs in advance.

In the case of an unclaimed package, JDC cannot be held responsible, including in the event that the carrier does not leave a delivery notice. Return shipping costs and the risks inherent in such shipping shall be borne by the Customer.

In the event that a package is returned to JDC's premises due to the impossibility of delivery (postal delays, incorrect recipient address, etc.), the Customer will be notified by e-mail sent to the e-mail address indicated in the Order. If no news is received from the Customer within 3 months of the e-mail being sent, JDC reserves the right to cancel the order. In such event, JDC shall be released from its obligation to deliver the goods and the advance paid by the Customer to JDC at the time of placing the Order shall be retained by JDC as liquidated damages in full and final settlement of all claims in respect of the Order in question.

Preparation and shipping costs are always clearly indicated when the Order is placed. Delivery shall be made by the carrier chosen by the Customer on the JDC Internet Site.

All available items are normally dispatched within 3 working days (weekends and public holidays are excluded). The times indicated are average times and correspond to the processing, preparation and dispatch times for all Orders (ex-warehouse).

In the event that JDC is unable to deliver the goods ordered within 30 days (ex-warehouse date), the Customer may cancel the Order by sending an e-mail or letter to JDC's customer service department stating the Order references. Such cancellation will only be taken into account if it is received by JDC 24 hours prior to delivery of the goods ordered to the carrier designated by JDC. Otherwise, the Order cannot be cancelled. Cancellation must be received by JDC no later than 40 days after the order was placed.
In the event of a valid cancellation, the advance paid by the Customer on the Order will be reimbursed to the Customer in full and final settlement of all claims. The Customer may not in any way claim additional damages from JDC, its claims being limited exclusively to the return in full of the advance paid.

JDC is also entitled to cancel an order, even if it has been accepted, without having to give reasons to the Customer. In such a case, the Customer's claims against JDC are limited to the return of the advance paid, to the exclusion of any damages.

Upon receipt of the Order by the Customer, the latter must immediately inspect the goods delivered.

In order to identify any apparent defects (e.g. packaging defects, product delivered not corresponding to the product ordered, any missing products, etc.), the Customer must check the conformity of the goods delivered before signing the carrier's delivery note. If necessary, the Customer must indicate on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any apparent anomaly concerning the delivery (e.g. damaged product, other product delivered, etc.). This verification is considered to have been carried out as soon as the Customer, or any other person signing the delivery note, has not expressed any reservations on the said note.

JDC accepts no responsibility for any accident or injury arising from the use of its products.

JDC is only liable for direct damage which the Customer proves to have been caused by gross negligence on the part of the company or an authorised third party. Any liability for slight negligence or simple negligence is excluded.

JDC's liability is limited to the price of the product delivered or the service provided. Any further liability of JDC, its agents or third parties commissioned by JDC for damages of any kind whatsoever is excluded. In particular, the Customer shall have no claim for compensation for damage not affecting the product itself.

The choice and the purchase of a product or a service are placed under the single responsibility for the Customer. The total or partial impossibility of using the products in particular because of incompatibility of the material cannot give place to any compensation, refunding or questioning of the responsibility for JDC.

In all cases, any claim for damages shall be limited to the maximum amount corresponding to the price paid by the Customer at the time of placing the Order.

The duration of the Limited Warranty for JDC products is two years from the date of order, unless otherwise stated.

The Limited Warranty does not cover normal wear and tear or abuse, does not apply if the equipment has been opened or repaired by anyone not authorized by JDC, and does not cover repair or replacement of all or part of the equipment due to damage resulting from: misuse, moisture or liquids, proximity or exposure to heat, accident, abuse, use not in accordance with the instructions supplied with the equipment, neglect or misuse. The Limited Warranty does not cover physical damage to the surface of the equipment. The Limited Warranty does not cover software delivered with or installed on the hardware.

Before returning a product purchased due to a defect or non-conformity covered by JDC's warranty, the Customer must make a prior request to JDC's Customer Service Department within 3 days of the discovery of the defect and obtain from said department instructions on the procedure to follow for the return.

No returned merchandise will be accepted if it has not been preceded by a request to JDC's Customer Service Department.

The return must be in a registered parcel, with the Customer bearing the risks and costs associated with the return.

For defective products returned by Customer in accordance with the procedure set forth in this section, JDC's obligations are limited, at JDC's sole option, to:

- or to have the product repaired at its own expense within a reasonable period of time;
- either replace the product by a standard exchange or supply an equivalent product;

- or refund the Customer the amount paid when the order was placed.
A warranty repair does not extend the warranty period.

The Customer agrees to use the Product purchased in accordance with JDC's instructions and to perform all necessary maintenance recommended by JDC to ensure proper operation of the Product.
The Customer must retain the invoice, the original packaging and all manuals and accessories relating to the product purchased. These may be requested in the event of a warranty repair.

JDC is committed to ensuring that your data is effectively protected in order to provide you with the most positive and enjoyable experience on our various websites. This policy describes our practices for handling personal information collected when you browse and register on our various platforms. We advise you to read our privacy policy in its entirety and encourage you to do the same on the other sites you visit.

When you register, place an order or request contact, you will always be informed of the conditions under which we will be allowed to use your collected data. Personal data is any information that can be used to identify a person and includes, among other things: name, email address, address, credit card details and occupation. We collect personal information s when you visit our website, when you register for our service, when you use our online or offline services or when you contact us. We use this personal information and other information collected or generated for the purposes of our business relationship only. We collect your contact details, website navigation, banking information and marketing choices. Here are the ways in which we collect personal information from you:

In order to make a payment and thus enable you to become a customer, you must provide certain information which we need to ensure the smooth operation of the process and the transaction. If you do not provide certain personal information, this may affect our ability to provide you with good quality services. We will inform you when information is required to use our services.

JDC is committed to providing you with the highest quality of service possible. This includes the use of information necessary to fulfill billing or contractual obligations, or to provide other products or services that would be beneficial to you for optimal use of our services. JDC also wants to use your data for legitimate business purposes: We use your personal information to analyze and improve our products, sites, services, operations, the functioning of our websites and your customer experience with us. This may include using your information to conduct market research or satisfaction surveys. We also use your personal information to provide you with a customer service, to carry out other administrative tasks necessary to provide you with the services related to our company. We analyse the information we hold to better understand our customers to help us target our marketing and personalise our products and services to meet your needs and requirements. When you provide us with information, we send you communications or commercial offers by e-mail, telephone, post, SMS, via social networks or via other communication channels.

We use Internet technologies such as cookies and web beacons for a variety of purposes, including, but not limited to, those listed below:

[cookie_audit]

If there is a reasonable need to do so for the purposes listed above, we may disclose or give access to your personal information, including but not limited to your name, customer identification number, address, telephone number and bank account information to the following types of organisations or parties:

Depending on your choices and the contact details you provide, we may send you marketing communications about our products and services, which may include offers by email, telephone, post, SMS, via social networks and via other communication or digital channels. You may unsubscribe from receiving these marketing communications at any time. The marketing communications we send will usually be accompanied by opt-out options, and you can also unsubscribe by contacting us as set out below. Please be aware that if you choose to withdraw your consent, you may not be able to participate in or benefit from our programmes, services and initiatives to which you have consented.

As long as you do not unsubscribe, JDC retains your information for as long as necessary to fulfill the purposes for which it was collected. Contacts that have not taken any action for more than 3 years will be automatically deleted from our database.

By using Skywatch branded connected products and their applications, the Customer assigns all its rights to JDC in respect of the data and photos published and expressly authorises JDC to use, exploit, reproduce or transfer them freely, unconditionally and without limitation. JDC may thus freely dispose of the data and photos, in particular for promotional purposes, without the Customer being entitled to claim any compensation whatsoever. In particular, the Customer agrees that its photos may be published on JDC's websites, including the Skywatch product websites, and on social networks such as Facebook, Twitter and Instagram. Exceptions to the use of images: In order to protect the privacy of each individual, JDC undertakes not to use any photo or image published by the Customer if it contains one or more easily identifiable or recognisable persons. This exception does not apply to persons photographed from behind.

JDC reserves the right to modify this Privacy Statement. Updated privacy statements will be posted on this Website when changes are made. We strongly encourage you to read this Privacy Statement whenever you visit our site to ensure that you have the most current version.

If you have any questions or comments that you would like to submit to JDC, please send an e-mail to info@jdc.ch, or call us on +41 (0)24 445 21 21.

This contract and the sales organised by JDC are governed by Swiss law. In the event of a dispute, the place of jurisdiction shall be Lausanne, Switzerland, without prejudice to any right of appeal.

JDC's General Terms and Conditions are drafted in French and English. In the event of contradiction, the English version shall prevail.

Yverdon-les-Bains, September 2018