General Terms and Conditions (GTC)

© Limmex AG, August 2016 (Version for EU web shop)

Scope of Application

These GCBs shall apply to the sales agreement between the customer and Limmex AG (“Limmex”). Opposing provisions of the customer shall not apply. The current GCBs published on the EU website of Limmex at the time of the conclusion of the agreement shall apply.


Subject of these GCBs

These GCBs regulate the purchase of watches via the EU web shop. The option to also take out a Limmex emergency call service subscription does not form part of these GCBs. A separate subscription agreement must be concluded for this purpose.


Contractual Partner

For orders via the Limmex web shop, the customer‘s contractual partner is the company Limmex AG, Baslerstrasse 30, CH-8048 Zurich, Switzerland.


Language

These GCBs are available in English.


Conclusion of Contract

The customer’s order is legally binding upon its sending by the customer. The sales agreement shall not take effect until the customer receives the order confirmation or the merchandise from Limmex.


Conditions of Delivery

Limmex strives to deliver the order as quickly as possible. This normally takes place within 5-10 working days of receipt of payment. Information is given without guarantee. Orders are only dispatched to delivery addresses in the countries that can be selected. Delivery is free of charge.


Payment Conditions and Prices

The products ordered may be paid for by credit card (Visa or MasterCard). The prices shown in the web shop at the time of ordering shall apply. All prices include the statutory VAT. Limmex reserves the right to periodically adjust the shown prices and products.


Cancellation Policy

Right of Cancellation

The customer may cancel its contractual declaration in writing (e.g. by letter, fax, email) within 15 days and without stating reasons or – if the item has been sent to the customer before lapse of the term – by returning the item. The term starts after receipt of this written instruction, but not before the sales agreement has become effective. The prompt sending of the cancellation or item shall suffice to comply with the cancellation period.


The cancellation must be sent to:


Limmex Service Centre
c/o Xmodus Systems GmbH
Reiherstrasse 2
35708 Haiger
info@limmex.de
Germany


Consequences of cancellation

In the event of a valid cancellation, the benefits received by both parties and any emoluments (e.g. interest) taken are to be surrendered. If the customer is unable, partly unable, or only able to return or surrender to Limmex the received benefits and emoluments (e.g. benefits of use) in deteriorated condition, the customer must pay Limmex compensation in this respect. The customer must pay Limmex compensation for deterioration of the item and for derived benefits only insofar as the benefits or the deterioration can be attributed to handling of the item beyond the scope of verification of the properties and functioning. „Verification of the properties and functioning“ means the testing and checking of the respective merchandise, as is possible and standard in a shop. Items sent as parcels are to be returned at Limmex’ risk. Obligations to reimburse payments must be fulfilled within 30 days. The term shall begin for the customer with the sending of its notice of cancellation or the item, for Limmex this term begins upon their receipt,

End of cancellation policy


Warranty

The warranty period for all watches is two years as of the date of shipment. However, given the circumstances, that Limmex AG has decided to suspend the production and sale of the current generation of 2G-emergency-watches at the earliest possible date, it is important to note, that the warranty period for all watches will expire by the end of the year 2018, when Limmex AG plans to close down the communication platform and cease to do business.

Should the company however relaunch a successor product, based on 3G-technologie, over the coming months and continue to operate it's business, then, the warranty period of two years shall continue to apply to all watches previously sold.

As always, damages to wear and tear parts (glass cover, wristband, etc.) and damages resulting from improper handling/use (damages caused by dropping the watch, liquid that has penetrated the housing, etc.) shall not be covered by the warranty. Limmex watches must not be opened. Modifications to the watch of any kind are prohibited and shall result in the forfeiture of the warranty. Any deficiencies or incorrect deliveries must be reported to Limmex AG within seven days after receipt.

Exclusion of Liability

Limmex waives any liability for damage of any kind to the extent permissible by law. The maximum damage sum to be paid is limited to the amount agreed as the purchase price of the concerned delivery.


Data Protection

Limmex adheres to the applicable data protection legislation when processing personal data (names, postal addresses, telephone numbers, etc.) which are provided by the customer in the scope of purchasing the watch.


Legal Information

The content of this homepage is protected by copyright unless otherwise stated. The content may not be distributed, published, modified, further processed, passed on or used for public or commercial purposes without written approval. Limmex cannot provide any guarantee or assume any liability for the correctness and completeness of the homepage and waives any liability for incomplete or incorrect content.


Severability

If one provision of these GCBs should be invalid, the validity of all other provisions shall not be affected.


Applicable Law

Swiss law shall apply and exclusive place of jurisdiction for all disputes arising out of or in connection with these GCBs shall be Zurich.