1.1. These are the Sales Conditions of DecideAndAct SA, a private limited company incorporated in Switzerland under company register number CH-379.122.176, having its registered office at Place des Eaux-Vives 8, 1207 Geneva, trading as DecideAndAct and d&a,(“DecideAndAct” and “d&a”, “We”, “Us”, “Our”). DecideAndAct is the data controller for the purpose of this Notice.
1.2. The effective date of these Sales Conditions is November 1st, 2021.
1.3. These Sales Conditions apply to the sale of products and services on this website. Please read them before ordering. By ordering on this website, you agree to be bound by these Sales Conditions. Before placing your order you will be asked to confirm acceptance of these Sales Conditions by ticking the corresponding box. If you do not confirm acceptance, you may not place any orders on this website.
1.4. By placing an order on this website, you confirm to be of sufficient legal age and legally capable to enter into a contract.
2. Order process
2.1. Your order on this website constitutes an offer to purchase under these Sales Conditions.
2.2. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Orders are subject to acceptance by us and availability of the ordered products and services.
2.3. Product and service descriptions are correct at the date of publication but are subject to availability or change without notice. We cannot be held liable or responsible for errors in photography or typography or content adjustment in process at the time of order.
2.4. Information provided by you in connection with your order, such as messages for gift cards, texts/pictures for personalisation (e.g. engraving), or photographs of your watch and strap can be refused without stating any reason. In such cases, we are free to cancel your contract and refund you or to cancel your order (as applicable). We do not bear any responsibility for the correctness or suitability of such information for the purpose.
2.5. We reserve the right to perform identity and credit checks to prevent fraud.
2.6. We will confirm acceptance of your offer to purchase by sending you an order confirmation (invoice) by email and this will constitute a binding contract between you and us.
2.7. The contract will relate only to those products and services whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products or services, which may have been part of your order until the dispatch of such products or services has been confirmed in a separate order confirmation.
2.8. For donation or service subscription contracted with third parties, terms and conditions of the third party project owners apply.
3. Price and payment
3.1. For deliveries in Switzerland, the prices on this website are in Swiss franc (CHF) and include the local VAT as well as the delivery fees for delivery addresses. Extra charges may apply if delivery costs exceed the standard amount.
3.2. For deliveries outside of Switzerland, the prices on this website are in Swiss franc (CHF) or will be converted to your local currency if available. The corresponding tax and import tax will be included as well as the additional delivery fee which will be added at check-out once the delivery address has been filled in.
3.3. We may change the prices on this website at any time (not applicable to prices confirmed by us in an order confirmation).
3.4. You can make your payment using the payment options available on this website at the time of your purchase. These may include:
3.4.1. credit cards such as Visa, American Express or Mastercard;
3.4.2. debit cards;
3.4.3. PayPal, AliPay, WeChat Pay, etc.;
3.4.4. payment by invoice or installments as provided by Klarna or BillPay.
3.4.5. Fees charged by third parties related to the selected payment instruments are deductible from donations’ amount.
3.5. If you pay with a credit/debit card, you are subject to validation checks and authorisation by the card issuer. We may share your personal information with such third parties which are necessary to enable us to carry out such checks. If the issuer of the credit/debit card refuses to authorise payment to us, the order will not be accepted and therefore we will not be liable for any delay or non-delivery. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.
3.6. We may offer alternative payment options in collaboration with third party payment providers, such as direct transfer, pay by installments or pay by invoice. If you choose such options, you agree to be bound by such third parties’ terms as indicated in the checkout process or in these Sales Conditions and acknowledge that such third parties process your personal data for the payment purposes.
3.7. If the watch is subject to taxation the donation component built into the price is tax free and specified on your bill. Tax exemption for donations is subject to local legislation for which d&a is not accountable for.
3.8. We may offer alternative delivery options in collaboration with third party providers which are not covered by the default delivery fees. If you choose such an option, the additional fees will be specified in the checkout process and in the order confirmation.
3.9. Our website contains a number of products and services and it is always possible that, despite our best efforts, some of the products and services listed therein may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where the correct price is less than our stated price, we will charge the lower amount. If the correct price is higher than the price stated on the website, we will, in general and at our discretion, either contact you for instructions before dispatching the product or service, or reject your order and notify you accordingly.
3.10. We are under no obligation however to provide the product or service to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and should have reasonably been recognised by you as a mis-pricing.
3.11. For donation or service subscription contracted with third parties, a minimum fee may apply. Terms and conditions of the third party project owner apply.
4.1. We specify the estimated delivery times and the delivery fees of the available delivery options in the checkout process and in the order confirmation.
4.2. If we cannot deliver within the estimated delivery time, we will contact you to propose a new date. If we cannot deliver within 30 days upon our order confirmation and you refuse delayed delivery, then you may cancel your order against refund.
4.3. We deliver to the delivery address you provided. We only deliver where our delivery partners are able to deliver.
4.4. You may select a specific delivery method. Different fees may apply to such an option. Third parties providing such service are accountable for the proper execution of the selected delivery method.
4.5. For donation or service subscription contracted with third parties, delivery of project objectives is the sole responsibility of the third party. Terms and conditions of the third party project owner apply.
5. Passing of ownership and risk
5.1. Ownership of the products will pass onto you upon the later receipt, to us, of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.
5.2. Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.
5.3. For donation or service subscription contracted with third parties, ownership and risk are transferred to the third party.
6.1. Our liability is excluded and limited to the farthest extent as permitted by law.
7. Law and jurisdiction
7.1. Contracts concluded on this website between you and us shall be governed and interpreted in accordance with the laws of Switzerland, without giving effect to its rules of conflict of laws and regardless of the place of its physical execution or performance. The application of the UN Convention on Contracts of the International Sale of Goods (CISG) is excluded.
7.2. As far as legally permitted, disputes arising out of the conclusion, execution or cancellation of such contracts shall be exclusively decided by the ordinary competent courts of Geneva, Switzerland, without restricting any right of appeal. Notwithstanding the above, each of the parties shall, however be authorised to seek interim orders and injunctive measures before any competent authority worldwide.
7.3. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
8.1. You may not assign any rights out of your contract with us to any third party without our prior written approval.
8.2. Invalidity of any provision in these Sales Conditions shall not affect the validity of the contract between you and us.
8.3. If you are using this website, you agree to electronic communication with us.
8.4. We can be contacted by email: email@example.com
8.5. These Sales Conditions are in addition to your statutory rights as a consumer and in particular no provision under these Sales Conditions shall affect your statutory rights. If there is any conflict between these Sales Conditions and your statutory rights, those rights prevail.
9. Right to cancel
9.1. You have the right to cancel this contract within 30 days without giving any reason.
9.2. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last product.
9.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by contacting us by email so we can give you directions on how to return your purchase and get a refund: firstname.lastname@example.org
9.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
9.5. Only new, unworn products, together with their warranty card and in their original packaging, may be returned. Returns of products of which the seal has been broken will not be accepted. The right to cancel does not apply to products which are tailor-made or clearly personalized. The right to cancel does also not apply to services that have been fully provided and to the already executed delivery of digital content. Please consult the terms of our international warranty.
9.6. If you cancel this contract, we will reimburse you all payments received from you under the terms of the present Sales Conditions.
9.7. We will make the reimbursement without undue delay, and not later than 14 working days after the day we receive back from you any products supplied, or 14 working days after the day you provided evidence that you have returned the products. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products- whichever is the earliest.
9.8. You shall send back the products (including gifts that came with your purchase) to us without undue delay and in any event not later than 14 working days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
9.9. You will have to bear the direct costs of returning the products.
9.10. You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.