Terms and conditions

PRELIMINARIES

These general terms of sale (“Sale Terms”) set out the terms and conditions  that will apply when you buy any VERAX® products (“Products”) from  QUANTUM DISTRIBUTION SARL (“Seller” or “we,” “our” or “us”) through our  shop on our website (www.veraxworld.com) (“Website”). These Sale Terms  form an integral part of the purchase and sale contract between you and  Seller and all sales of Products through the Website are subject to and  expressly conditioned upon these Sale Terms and upon your assent hereto,  and no other party shall have any liability whatsoever with respect to the  Products sold through the Website. No variation of these Sale Terms will be  binding upon us unless agreed to by in writing by one of our authorized  representatives. 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,  and agree to be bound by, these Sale Terms before you submit an order to  us. Without limiting the foregoing, by placing an order for any Product you  accept and agree to be bound by these Sale Terms. Prior to submitting an order, please save or print a copy of these Sale Terms  to keep on file for future reference regarding the order you are submitting.  Please note that these Sale Terms may be revised from time to time and the  revised Sale Terms shall become effective once posted on the Website.

YOUR ACCOUNT

If you log into the Website, you are responsible for maintaining the  confidentiality of your account and password and for restricting access to your  account, and you agree to take responsibilities for all activities that occur  under your account. If you are under 18, you may use the Website only under  supervision of a parent or guardian.

OFFERS AND PRICES

We will have the right, at any time, to make changes to information about  Products displayed on our Website, including information about prices,  description or the availability of Products, and we may do so without first  giving you notice of the changes. We will not make any changes to the price, availability or description of any Products after we have accepted an order to  supply the Products to you.

The prices on the Website are exclusive of Shipping Charges (as defined  below), Insurance Charges (as defined below) and sales, use, excise and all  other taxes.

ORDER AND ACCEPTANCE

If you would like to order Products, you can use the order process on our  Website to place an order.

Each order submitted constitutes an offer to purchase Products from us.  Orders are subject to our acceptance and are not binding on us until  accepted. We may, at our discretion, refuse to accept your order, including  where orders cannot be processed due to an error in information you have  provided to us, for example, where you provide us with:

• an incorrect payment card number, expiration date or card security code;
• 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., street address, city,  country or postcode); or
• fraudulent information;
Or where:
• there is 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; or
• the destination to which the Product is requested to be shipped is  beyond our scope of delivery.

We will, unless we suspect that your order was placed for fraudulent  purposes, send you an email to the email address that you have provided to  us 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, you should email or call us before you try to place another order for the same Products. You should note that the email that we send to  you confirming receipt of your order does not constitute acceptance of your order.

The purchase and sale contract between you and us is created when we  accept your offer to purchase. If your order contains more than one Product,  and we only accept parts of the Products you ordered (“Accepted Products”),  the purchase and sale contract between you and us shall be created only with  regard to the Accepted Products.

We will send you a further email when we dispatch all, or if earlier the first  part, of the Products covered by our order acceptance to confirm 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 there is an error relating 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 at the email address  or, if you placed your order over the telephone, the telephone number that  you have provided to us and ask you 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, suggestions or concerns regarding our order  acceptance policy, or if you consider that your order was rejected by us in  error, please contact us.

PRODUCTS AVAILABILITY

The inclusion of any Products on our Website does not imply, warrant or  guarantee that the Products will be available if you wish to place an order to  purchase it.

PRODUCTS ON BACKORDER

We will notify you at the email address that you have provided, if we are  unable to deliver the Products on backorder within thirty (30) days from the  date of your order (“Products on Backorder”) and ask you if you would like us  to send you the Products on 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.

Any Products on Backorder will be shipped by our standard delivery service  when it becomes available.
You can cancel your order for Products on Backorder at any point prior to shipment of Products on Backorder 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  contact@veraxworld.com. 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 and exchange policy set forth below.

Any authorized “hold” on your payment card will usually be released within  three (3) to five (5) working days from the date of cancellation.

RETURN AND EXCHANGE POLICY

If we have sent you Products, which are different from the description of the  relevant Products on our Website at the time that you have placed your order,  you will have the right to return the Products. Beside this, you have no rights  to request return or exchange of the Products.

ORDER TRACKING

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, SHIPPING CHARGES AND INSURANCE CHARGES

Local & international shipping to most of the countries in the world is available  when ordering Products from our Website.

You must pay all shipping and handling charges (“Shipping Charges”) and all  costs for shipping insurance (“Insurance Charges”), in addition to the purchase price for the Product. The Shipping Charges and Insurance Charges will depend on the value of your order and the country to which the  Products are being shipped. Details of the Shipping Charges and Insurance Charges will be transparently listed during the checkout process. All Shipping  Charges and Insurance Charges will be shown to you before you complete  your purchase. Depending on the extent of your order of Products, we may, at  our sole discretion, assume the Shipping Charges and Insurance Charges for  the ordered Products.
The shipping time will depend on your exact destination and your country’s  custom handling, but mostly varies around 2-5 days. However, specific  shipping times cannot be guaranteed.

TRANSFER OF TITLE AND RISK

Products that we deliver to you will become your property and you will  become responsible for them and for any loss, theft or damage to them at the  time the carrier/postal service delivers the Products to you or your representative(s).

TERMS OF WARRANTY

A. Limited Warranty

We warrant to you that the Products will be free from breakage or malfunction  under normal use due to defects in material or workmanship for a period of  two (2) years upon receiving the Product from us (“Limited Warranty”).

This Limited Warranty does expressly not extend to the case, strap, finish and  crystal. The Limited Warranty will become null and void if the Products are modified  or altered, misused, abused, tampered with or taken apart, or if the Products are repaired by anyone other than an authorized repair centre.

For the purpose of use, care and/or operation of the Products, please  carefully consult the user instructions (if any) delivered with the Product or  download the instructions here.

OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT THAT YOU HAVE PURCHASED FROM US. EXCEPT FOR THE LIMITED WARRANTY MADE BY US, NEITHER WE NOR ANY SUPPLIER OR MANUFACTURER OF PRODUCTS MAKE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED, WHETHER EXPRESS WARRANTIES OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

In case of a breach of the Limited Warranty, we will either, at our

option 1. repair any defective Products at our cost;
or 2. replace any defective Products with the same or a comparable product at our cost;
or 3. refund the purchase price of any defective Products.

The foregoing remedies are your sole and exclusive remedies and our entire  obligation and liability for any breach of the Limited Warranty and you shall  have no other remedies whatsoever in case of a breach of the Limited  Warranty. In particular (without limitation), you shall not be entitled to any  damages whatsoever (including without limitation incidental, indirect,  consequential or special damage arising from any or all uses of the Products)  or a rescission of the sale and purchase contract for any reason. Kindly be  advised that when asserting any remedies due to a breach of the Limited  Warranty, you will only be afforded the remedies outlined above under the  express condition that you provide us with a valid purchase receipt for the  defective Product. Otherwise, we shall not have any obligation and liability out  of any breach of the Limited Warranty and, accordingly, you will not be  afforded any of the remedies outlined above.

B. Procedure in case of a breach of the Limited Warranty / Repair and Service

You must ship or bring the defective Products to one of our authorized  representative partners. Check on www.veraxworld.com for our authorized  representative partners.

When shipping or bringing your defective Products to our authorized  representative partner, please pack it carefully and securely and make sure  not to ship the defective Product in its original packaging. As we are not liable  for damage, theft or loss of your defective Products during shipping, we  recommend that you insure your Products against damage, theft or loss.

Be sure to provide the following information to us:

1. full name;
2. mailing address (street, city, state, zip code);
3. preferred phone number (with country and area code);
4. email address (to help expedite your repair);
5. copy of a valid purchase receipt for the defective Product;
6. copy of the warranty card (if available);
7. a note explaining the nature of the problem.

In most of the cases the repair of the defective Product will be completed  within 4-6 weeks. Please note there may be issues beyond our control, such  as holidays, parts backorders or unique repairs that affect any repair or times.

For repairs not covered by the Limited Warranty, an estimate as to costs and times will be provided, whereby approval and payment for repair must be obtained prior to processing any repair or service.

If you have any questions, please contact us under contact@veraxworld.com

PAYMENTS

You must pay for your order using one of the offered payment solutions and  providers on www.veraxworld.com.

The charge for your order will appear on your credit, debit or charge card  statement. If you wish to dispute the validity or amount of a charge that  appears on your credit, debit or charge card statement, you must contact us  within 30 days of the time the charge appears on your statement.

We use a customs broker to clear international shipments and process all  duties and taxes and 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 the Products that our customers  purchase in order for us to maintain customer satisfaction and therefore you  must not resell the Product, misrepresent yourself as being one of our  authorized resellers or as being qualified to resell our Products. You agree  that you are purchasing the Products for personal use and you will not act as  a reseller of any Products. We reserve the right to refuse to accept your  order, if we suspect that you intend to resell our Products.

LIABILITY

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.

Notwithstanding anything to the contrary, we 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 minor 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;
• any actions by auxiliary persons (in the sense of article 101 of the  Swiss Code of Obligations); and
• any incidental, indirect, special, consequential loss or damage, or 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.

PERSONAL INFORMATION

When you place an order through our Website, you will be providing us with  your personal information. We will use your personal information to process  your order and deliver the Products ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject  to the terms of our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including but without limitation to copyright,  trademark, patent and trade secret) and related rights in, of, and to all  Products, technology, software, programs, data and other information  (including but without limitation to words, images, pictures, photos, audios,  videos, charts, colors, layout and electronic file) within Website are vested in  Quantum Distribution Sàrl or its affiliated companies. Without the consent of  Quantum Distribution Sàrl, no one is permitted to use (including but without  limitation to copy, transmit, display, mirror, upload and download) the said  information.

“VERAX” and other words, graphics and combination of words and graphics  as well as other logos, marks, product names and service names within the  Website are all trademarks of SPECIMEN and its affiliated companies. Without written authorization of SPECIMEN, no one may display, use or  otherwise dispose of any of the said trademarks in any way.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post reviews, comments, photos and other content, and submit  suggestions, ideas, questions, or other information, so long as the content is  not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of  intellectual property rights, or otherwise injurious to third parties, and does not  consist of or contain software viruses, political campaigning, commercial  solicitation, chain letters, mass mailings, or any form of “SPAM”. We reserve  the right (but not the obligation) to remove or edit such content.

GENERAL TERMS

The purchase and sale contract between you and us (including these Sale  Terms) is exclusively governed by the laws of Switzerland, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (so-called Vienna Convention) shall not apply to  this contract.

The place of jurisdiction and performance relating to the purchase and sale  contract between you and us (including these Sale Terms) is Zurich,  Switzerland.

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 these Sale Terms.