By accepting these terms and conditions that regulate your participation in DWISS Club and the use of DWISS website, you acknowledge that you have read, understood and agreed to them.
1.1 DWISS reserves the right to revise these terms and conditions at any time. You are encouraged to regularly review them, and your continuous participation as a member of DWISS Club will constitute your acceptance of the changes.
1.3 You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part, without the prior written consent of DWISS.
1.4 DWISS requires all members of DWISS Club to agree not to use the Site for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; - Posting any information which is untrue, inaccurate, not your own and offensive; - Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; - Attempting to interfere in any way with the Site or DWISS network security, or attempting to use the Site to gain unauthorized access to any other computer system;
- Using the Site to drop ship merchandise to third parties; - Taking any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under the terms and conditions.
1.5 The membership is available to any person who is at least the age of majority in your state or province of residence, or to whom consent has been given by the legal representatives to become part of the Club.
1.6 DWISS reserves the right to refuse to process your membership enrollment or participation in the Club due to suspected fraud or unauthorized or illegal activity.
DWISS CLUB DEFINITION
DWISS Club is an online space where members will share ideas, suggestions and vote on given options to create the new model of DWISS watch collection together with its founder and designer (the “Membership-Edition Watch”). The model to be developed together will start with the following features: stainless steel case, movement ETA 2824-2 and sapphire crystal. Other features will be voted by the members, such as diameter, straps, dial, some characteristics of the case, case back etc. DWISS will disclose a timeline with the stages from development to production and each feature will be decided/voted in each stage. The expected time to develop and produce the Membership-Edition Watch is twelve (12) months. Only the full payment of the watch applicate to the Club members (USD 948), divided in the twelve-monthly membership fees of USD 79, will entitle you to have the right to receive the Membership-Edition Watch.
REQUESTED INFORMATION AND PASSWORDS
3.2 Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site or the App under such access codes or passwords.
THE ENROLLMENT FEES
4.1 By agreeing to these terms and conditions, you agree and acknowledge that your enrollment to the Club is conditioned to the payment of a monthly membership fee in the current amount of USD 79 that corresponds to 1/12 of the estimated price of the Membership-Edition Watch applicable for the Club members. The same model will be later available in a non-member edition for the expected online retail price of USD 1,390.
4.2 The cessation of the payment or expiration of your credit card without due replacement cease your participation in the Club.
4.3 Once you are enrolled, DWISS will not change the fees applicable to that enrollment year, but DWISS may decide to alter the fees for the following year at any time.
4.4 Only the full payment of the watch applicate to the Club members (USD 948), divided in the twelve-monthly membership fees of USD 79, will entitle you to have the right to receive the Membership-Edition Watch.
4.5 You can enroll to the Club up to January 2020, but you will participate to the Club according to the status of the design and the production as they are at the time of the enrollment. Only after you complete the full payment of the membership fees, you will be entitled to receive the Membership-Edition Watch. By the time the production is ready if you still have remaining monthly fees to pay, you can pay them altogether in order to receive the watch with the other members that have enrolled earlier.
4.6 DWISS may decide to cancel the Club at any time, by any reason and not start production. In this case, the monthly fees paid by you will be one hundred (100%) refunded.
4.7 REFERRAL SYSTEM
When you become a member and pay the first monthly membership fee, you will receive a unique link that you can share with your friends, and for each referred member you bring to the Club you will get a monthly fee free after the referred member completes his enrollment and pay the first monthly fee.
4.8 MONTHLY WATCH DRAW
DWISS will draw a watch of its previous collections every month only for active members of the Club.
5.1 You can cancel your current membership at any time, informing us in writing, by email or doing it yourself on our website (login to your profile). The monthly fees paid until cancellation will be converted into credits to be used to buy any available product in DWISS online store.
5.2 If you don’t want to keep the Membership-Edition Watch, you shall inform DWISS before the watch is shipped to you and you will have a credit in the amount of the fees you paid to be used to buy any available product in DWISS online store.
REFUND POLICY FOR MEMBERS OF THE CLUB
We do not provide refunds given that the acquisition of the watch by the Club members is different than an online standard purchase. Cancellation and return of the watch shall observe the provisions of Clause 5 above.
7.1 You acknowledge and agree that the content, designs, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of DWISS.
7.2 You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site, without the prior written consent of DWISS.
7.3 By submitting or posting any materials, ideas, suggestions, text, images, music, videos and designs (jointly referred to as “Content”) on the Site or any communication channel with DWISS, you grant DWISS a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense the Content or any part of the Content. You hereby represent, warrant and covenant that any Content you provide do not include anything to which you do not have the full right to grant DWISS the license specified above. You further represent, warrant and covenant that any Content you provide will not contain libelous or otherwise unlawful, abusive or obscene elements. DWISS will be entitled to use any Content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
7.4 You also agree that DWISS will own and have the sole right to use any ideas, information, understandings, and concepts derived from your evaluation of the Club or any other ideas, suggestions, designs or information you disclose, without restriction and without compensating you in any way.
7.5 DWISS reserves the right not to post your Content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing Content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; - Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
7.6 If you believe that any Content available on the Site infringes any intellectual property rights, you should notify us at email@example.com.
7.7 If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission in the Club. Instead, contact us directly via firstname.lastname@example.org.
8.1 You assume all responsibility and risk with respect to your use of the Site or participation of the Club. DWISS does not warrant that: (1) the functions contained on the Site to connected to the participation of the Club will be uninterrupted or error-free; or (2) defects will be corrected, or that the Site or the server that make them available is free of viruses or other harmful components.
8.2 Nothing guarantees that your voting options, ideas, suggestions, designs, in summary, your contributing Content will be adopted or reflected in the Membership-Edition Watch. The Membership-Edition Watch will be a combination of members’ most voted preferences and availability of materials, parts and pieces furnished by DWISS’s suppliers.
8.3 You should read and strictly follow all watches instructions and all manufacturer directions and warnings.
The enrollment fee does not include any applicable sales tax that may levy upon receipt of the Membership-Edition Watch. You may be subject to tax in countries where the goods sold over the internet are taxable. Local taxes and excise duties that might apply are your responsibility.
You agree to indemnify, hold harmless, and defend DWISS, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these terms and conditions, your illegal or abusive participation in the Club, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.
LIMITATION OF LIABILITY
11.1 Except in the cases of willful misconduct and reckless conduct on the part of DWISS, in no event DWISS, its parent company, subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or associated third parties shall be liable to any user of the Site or Club’s member or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site or to post a Content or to participate of the CLUB, whether based upon warranty, contract or tort.
11.2 In any event, the total liability of DWISS, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or associated third parties for all damages, losses, and causes of action resulting from your use of the Site or related to a Content posted by you or your participation in the CLUB, whether in warranty, contract or tort (negligence), shall exceed the total amount you paid to DWISS in the year when the event giving rise to such liability has occurred.
We control and operate the Site from Switzerland. We make no representation that materials on the Site are appropriate or available for use outside Switzerland. If you choose to access the Site from outside Switzerland, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
RISK OF LOSS
13.1 All DWISS watches will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
13.2 If the delivery address you provide is incorrect, we cannot accept any liability for delay or non-delivery. We also reserve the right to charge shipping costs to re-send the package. If you refuse any shipments from DWISS or if the delivery is not successful after the final delivery attempt to the specified address, you will be responsible for the original shipping charges, any duties, taxes, and/or customs charges incurred, and the cost of returning the package back to us.
13.3 We do our best in designing our signature package to offer not just one-of-a-kind unboxing experience, but also provide maximum protection for its contents. In the (rare) case of receiving damaged goods, please notify us immediately and we will agree about how we can make it up to you. We may ask you to provide a photo and/or written proof before offering any kind of replacement. Notify us immediately also if any items you receive are incorrect or incomplete.
GOVERNING LAW AND DISPUTES
14.1 The laws of Switzerland shall govern these terms and conditions without regard to conflict of law principles.
14.2 Any dispute relating in any way to these terms and conditions or to your relationship to DWISS shall be submitted before the courts of Lugano, Switzerland; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Lugano, Switzerland.
As a member of DWISS Club, you authorize DWISS to publicly tag you in posts on Twitter, Facebook and Instagram announcing you, personally and by name, as a member of its Club and to mention your contributing Content in the posts. If you do not want to be tagged, you should inform us by e-mail to email@example.com.
Should you have any questions regarding these terms and conditions you may contact us at firstname.lastname@example.org.