General terms and conditions

1 : Agreement coverage and modification of the general terms of sale and use conditions

The present general sales terms and conditions and use terms and conditions( further referred to as " General sales terms and conditions " are applicable and relevant to any business transaction conducted between JDC Electronic SA ( further referred to as " JDC " ), and anyone placing an order on JDC's internet site or using one of its products ( further referred to as the " Client " or the " Clients " ).

JDC reserves the right to adapt or modify the General Terms of Sales and Conditions at anytime, which will be applicable to any new order.

During each order or use of a dedicated application of one of its products, the client must confirm having read and agreed with the General Terms of Sales and Conditions. The aforementioned Terms of Sales and Conditions will concern any order placed by the client ( further referred to as the " Order " ) or any use of a JDC product. The eventual special conditions mentioned on the Internet site(s) used by JDC( ( further referred to as the " Internet Site " or the " Internet Sites " ) relevant to the displayed products are an integrant part of the General Sales Terms and Conditions. In case of divergence between the special conditions and the General Conditions, the special conditions prevail.

2 : Products displayed on the internet site and client's order(s)

The products visible on the Internet Site are there for information only, and do not constitute offers made by JDC. The photos displayed on the Internet Site, are not contractual.

The indications provided on the Internet Site ( product descriptions, illustrations, graphics, photos , films and videos, dimensions, weights, technical informations, accessories and other data ) are only provided as information and do not in anyway guaranty nor constitute true accuracy of those characteristics. JDC can not be rendered responsible for the content of the external Internet Wed pages and business partners shops found on the Internet network.

On the basis of this non contractual provided information, the Client can place an order of the displayed product(s), and only by following the procedural guide lines in place for the Internet Site.

Any completed order made and finalized by following the Internet Site order procedure, constitutes an agreement by the Client to purchase the product(s) displayed on the Internet Site while understanding its indicated General Terms of Sales and Conditions.

For each Order, the Client must give an e-mail address to which will be sent all pertaining electronic communication from JDC relevant to the Order. It is the Client's responsibility to maintain this address, and be aware of the correspondence sent by JDC. All communication sent by JDC to the indicated e-mail address provided by the Client, will be considered as received by the Client the following day the message was sent. Risks of lost transmissions are the client's responsibility.

The Client can warn JDC of a delivery address change within 12h after placing an order. The change notification will however only take effect if the Order was not already shipped out. If too late, it will be the client's responsibility to take appropriate measures to retrieve the merchandise sent to the address indicated at the time of the Order.

3 : Order(s) confirmation - non cancelable order(s)

The Order placed by the client in agreement with the above aforementioned 2, constitutes a firm and definitive purchase confirmation of the Product(s) displayed and available on the Internet Site.

JDC will be free to accept or decline without explanation, any Order at any time. JDC will notify the Client about the Order reception by sending an e-mail to the indicated address at the time of Order.

4 : Price

JDC reserves the right to modify its prices at any time, but will honor the prices in place at the time of Order.

The listed prices are reflecting either Swiss Francs, Euros or American Dollars, depending on the Client's choice at the time of purchase. The displayed prices do not include the Tax Added Value ( VAT ), unless specified. Additionally, it will be the Client's responsibility to cover the shipping expenses which will be indicated on the purchase order based on the chosen delivery options.

5 : Secured pre-payment

The decision by the Client to order from JDC involves a full pre-payment of the purchased good(s) plus eventual possible additional expenses.

The payment will be made in advance using the SAFERPAY secured server found on the Internet. Meaning that no information connected to the Client's credit car or bank account will transit through JDC websites. The payment(s) will therefore be totally secured and safe.

The Order will be confirmed and validated upon payment reception after an automatic debit from the Client's card at the time of purchase.

The Client must fill out the requested Internet Site membership form and sign-in, prior log-in and place a valid Order.

The risk of a malfunction in the payment procedure is the Client's responsibility.

6 : Shipping procedure and shipping delays

The products are delivered to the address indicated by the Client during the Order procedure. The possible risks associated with merchandise shipping ( lost, damage, wrong shipping address, etc. ) are part of the Client's understanding and agreement as soon a JDC hands the merchandise to the shipper chosen by the client on the JDC Internet Site. In case of an eventual labeling error, JDC can not be rendered responsible for the merchandise not reaching its intended destination.

The return inherent shipping expenses for non collected merchandise are the Client's responsibility. Prior to any return shipping, JDC could ask the Client to pay for the eventual added expenses.

In case of non merchandise reception, JDCcan not be rendered liable, including the scenario of the shipper not having left notification of a delivery attempt. The risks of non delivery, and possible associated shipping costs return are understood and accepted by the Client.

In case of merchandise returned to JDC's headquarters for non-delivery ( postal delivery delays, wrong address, … etc ), the Client is notified by e-mail to the indicated address at the time of Order. Without news from the Client's under a three ( 3 ) months period from the e-mail notification, JDC reserves the rights to cancel the order. In this case, JDC is freed from its obligation to deliver the merchandise and refund the Client's order pre-payment to cover to conventional retributory damages, account settlement, and all claims relevant to the ordered merchandise.

The shipping and handling expense are always clearly indicated and explained as part of the Order procedure. The merchandise delivery is made via the shipping company chosen by the Client and found on JDC's Internet Site.

All articles can usually ship out within three ( 3 ) business days, excluding weekends and official holidays. The indicated delays will be modest, and corresponding to the merchandise production speed, handling, distribution and shipping of any Order.

In the eventuality of JDC being unable to deliver the ordered merchandise within a thirty ( 30 ) day period ( warehouse shipping due date ), the Client can cancel the Order by sending an e-mail or postal mail addressed to JDC's customer service with the included corresponding Order details. This cancellation will only be validated if JDC is notified at least 24 hours during the business week 9:00 AM - 5:00 PM Monday to Friday before the returned merchandise is delivered to its offices by the shipper of its choice. In the contrary, the cancellation will be permanently voided. The cancelation must also be made within forty ( 40 ) days from the Order date.

In case of a valid Order cancelation, the Client's pre-payment will be refunded in full to his/her account. The Client will not be able to claim for any reason, additional retributory damage(s), for the refund will be exclusively and only limited to the pre-payment costs associated with the ordered merchandise.

JDC is legally allowed to cancel an order even after placed and accepted, without having to explain or giving a valid reason to the client. In this case, the refund to the Client is limited to the Order pre-payment initially made, excluding any amount for retributory damage.

The Client must immediately inspect the ordered merchandise for damage upon reception.

To identify problems ( damaged shipping box, item not corresponding to the ordered item, eventual missing parts, etc… ), the Client must check the conformity and integrity of the delivered merchandise before signing the shipper's receipt. The Client might be asked to describe in writing the abnormalities of the received goods on the shipping receipt before signing it ( per example, damaged merchandise, wrong product delivered, etc… ). This inspection will only be considered valid after the Client has signed the shipping receipt without any reserved conditions attached.

7 : Liability

JDC declines any responsibility in case of an accident while using its products.

JDC will only be liable for damages caused directly to the Client if the later can prove gross negligence by JDC or a third party associated with JDC. Responsibility for negligence of any degree is excluded.

If deemed liable, JDC will limit the refund to the price of the merchandise or payment made by the Client. Extended responsibility by JDC, its associate(s) and third party business partners are not and can not be rendered liable for any damage of any kind. Specifically, the Client can not claim any compensatory reparation(s) for other than the amount of the purchased product itself.

The product choice and purchase are the responsibility of the Client only. Non product compatibility or partial compatibility can not render JDC liable nor become cause for any amount of retributory compensation.

In any case, retributory damages will be limited to the merchandise corresponding price at the time of purchase by the Client.

8 : Merchandise return & limited warranty

The limited warranty duration covering the JDC product line is two calendar year from the purchase date, unless specified.

The Limited Warranty does not cover normal wear and tear, or if the product was opened or repaired by non qualified JDC authorized personnel. Total or partial part(s) replacement and labor as consequence of product mishandling are not covered. Damages resulting from : improper product use by not following the manufacturer's recommended guide lines, humidity, liquid spills, contact with caustic agents, exposure to heat source(s), drops, crashes, and abusive handling as a whole, will void the Limited Warranty. The Limited Warranty does not cover physical damages made to the surface of the product. The Limited Warranty does not cover the software(s) included with or installed inside the product.

Prior sending a defective or not conforming product back covered by the JDC Limited Warranty, the Client must first obtain a return authorization from JDC's Customer Service department within three ( 3 ) days of finding a problem with the purchased merchandise in order to receive the proper instructions to follow with the return procedure.

Merchandise sent back without first contacting JDC's Customer Service to obtain a return authorization will not be accepted.

The returned merchandise must be sent with a Return Receipt / Signature Required. The Client understands and agrees with the risks and costs associated with the return.

Concerning defective product(s) returned by the Client according to the procedure in place, JDC's obligations are limited to choices made by JDC :

A repair under warranty does not prolong nor extends the length of the warranty.

9 : Client's obligations

The client agrees to only use the purchased item as indicated by JDC in order to assure its necessary maintenance for correct functionality.

The Client must keep the purchase receipt, the product's packaging as well as the manual and accessories relevant to the product. Those items could be requested from the Client by JDC in case of repairs made under warranty.

10 : Intellectual property

When using the connected products of the Skywatch brand and their applications, the Client agrees to publish only data and pictures for which he has all rights and which comply with the law. The Client also agrees to publish only royalty-free photos, which do not include elements of other existing creations and do not violate any third party rights. The Client refrains from posting any content contrary to law and morality. The Client warrants JDC against all actions or claims which could be brought by third parties for infringement of their rights.

11 : Privacy

JDC reserves the right to remove a Client's electronic information at any time, cancel his/her subscription, with immediate effect, without having to justify its decision, without warning, and to deny the subscriber request to obtain any explanation from the company for its decision. The aforementioned specifics will be especially true when concerning subscribing clients purposely not be abiding by JDC's policies or giving erroneous and misleading information.

The clients removed from JDC's clientele list will not be allowed to resubscribe on the company's Internet Site under their name nor someone else's name without JDC's prior authorization.

JDC makes a commitment to deal for an effective protection of your data, so we can offer you the best possible experience on our various websites. This policy describes our practices of processing of the personal information collected during your browsing and during your registration on our various platforms. We advise you to read our privacy statement and we can only encourage you to do the same on the others websites which you visit.

11.1: Collects personnal information

When you register/order/ask for a contact request you will always be informed about conditions for which we use your collected data. The personal data are all the information allowing for identify a person: name, email, address, credit card, profession…

We collect personal information about you when you visit our website, when you enroll for our services, when you use our online or offline services, or when you contact us. We may use this personal information along with other information collected or generated during our relationship with you. We collect your contact information, information about your use of our services, details of any payors or beneficiaries or yours, and marketing choices.

Additionally, we collect personal information from you in the following ways:

When you use our websites, mobile apps, or online services, we also collect personal information about the domain and host from which you access the Internet, your computer’s IP address or device advertising ID, mobile device geolocation, information about your device (such as device properties, settings, applications, stored information and usage), browser and operating system software, social profile and network information where applicable, the date and time you access our websites and the address of the site from which you linked to our website when you visit us.

We collect personal information on your online activity as described in the paragraph below titled "11.3: Cookies and Internet technology".

To conduct a payment and become a customer, you must provide certain information required by us to execute the transaction and to enable us to comply with our legal obligations associated with providing our services. Failure to provide some of your personal information may affect our ability to provide our services to you. We will inform you when information is required in order to use our services.

11.2: Legitimate business purposes for which we use personal information

JDC is committed to bringing you high-quality services. We use your personal information to analyse and improve our products, the running of our websites and your customer experience. This include using information necessary performing contracts or for taking steps to enter into a contract with you (invoicing or contract).

JDC uses your personal information to analyse and improve our products, locations, services, operations, the running of our website and your customer experience. This may include using your information to conduct market research surveys We also use your personal information to provide customer service, to conduct other administrative tasks necessary to provide our services. We conduct analysis of the information we hold to better understand our customers, including profiling analytics to help us target marketing and tailor our products and services to your needs and requirement. We combine personal information you provide with information from other products and services and convenience and/or rewards programs for which you have registered. we could send commercial communications or offers by email, telephone, post, SMS, social media or other communication channels.

11.3: Cookies and Internet technologies

We use internet technologies like cookies and web beacons for a variety of purposes, including, but not limited to those identified below:

JDC has implemented the capability for the user to manage cookies on our websites. We will only place or read cookies based on your preference level, (note: cookies set prior to you changing your preference level are maintained on your computer; to remove them please refer to your browser settings or your browser’s “Help” function).

We are making every effort to guard your personal information. We also generally restrict access to personal information to our employees, agents and representatives that need to know it (like our delivery partners. Despite our efforts, and as you probably know, third parties may unlawfully intercept, or access transmissions sent to us or may wrongly instruct you to disclose personal information to them while posing as JDC. Always use caution and good judgement when using the Internet or mobile technologies. If despite all safety measures one of our sites would be hacked, you will be warned of the hacking of the data under 72 hours.

11.4: Disclosure of your information

If there is a reasonable need to do so for any of the purposes listed above, we may disclose or provide access to your personal information including, but not limited to, your name, customer ID number, address, transaction patterns and bank account information to the following types of organizations or parties:

We may also disclose your personal information globally, as required or permitted by applicable laws and regulations, to regulatory and financial authorities, law enforcement bodies, courts, governments or government agencies, to meet compliance and legal obligations or to assert or defend the rights and interests of JDC.

11.5: Choices and opt-out

Subject to your choices and based on the contact information you provide, we may send you commercial communications about ou and third party products and services, which may include offers by email, telephone, post, SMS, social media and other communication or digital channels. You can opt out of receiving marketing communications at any time. Marketing communications we send will generally have opt-out options, and you may also opt out by contacting us as outlined below. Please note that if you choose to withdraw your consent, you may not be able to participate in or benefit from our programs, services and initiatives for which you provided consent.

11.6: Retention of personal information

As long as you do not unsubscribe, JDC we will retain your information only as long as necessary for the specific purposes it was collected. The contacts not having made any action for more than 3 years will be erased by our database.

11.7: Your rights

11.8: Modifications - unsubscribe

JDC reserves the right to modify this present privacy policy. The updated privacy statements will be published on this Web site when modifications will be brought. We strongly encourage you to read this privacy policy when you visit our website to ensure that you know the most up-to-date version.

12 : Assignment of rights

When using the connected products of the Skywatch brand and their applications, the Client assigns all rights to JDC on data and published photos and expressly authorises JDC to use, exploit, reproduce or transfer them freely, unconditionally and unlimitedly. JDC can thus freely use available data and photos for promotional purposes, without the Client being able to claim any compensation. The Client agrees in particular that his photos are published on the JDC Internet sites, which include Skywatch products sites and social networks such as Facebook, Twitter and Instagram.

Exceptions regarding image use: In order to protect the personal privacy of everyone, JDC don’t use any picture published by the customer if this one may contain one person – or more – easily identifiable or recognizable. People photographed from behind are exclued from the present exception.

13 : Application law and jurisdiction

The said aforementioned contract, as well as sales organized by JDC, are registered under Swiss laws. In case of litigations, the dispute will exclusively take place in the Lausanne District Court, access to representation is limited.

14 : Original text

JDC's original terms and conditions are written in French and English. In case of contradiction, the French version prevails.

 

Yverdon-les-Bains, May 2018.