Terms and Conditions

Terms and conditions

The following General Terms and Conditions (GTC) of Sale govern the offer and sale of products on this website: www.justbob.ch (also, alternatively, the “Site”).

The products and/or services purchased on the Site are offered and sold by “JustBob”. You may request any information and/or send communications and/or make complaints about sales, purchase orders, products, payments and shipments by contacting our Customer Service.

By confirming the order for the product(s), the user accepts all the General Terms and Conditions of Sale (GTC) set out below and is deemed to have accepted them as a whole.

1. Scope of application

1.1 The sale of products through the Site (“products”) constitutes a distance contract, the terms of which refer to the criteria laid down in the Swiss Code of Obligations (Art. 184 et seq.), the Federal Law against Unfair Competition (LCD; RS 241) and the Ordinance on the Indication of Prices (OIP – RS 942.211).

1.2 These GTC shall apply to all sales made by “JustBob” on the Site.

1.3 The GTC may be amended at any time. Any amendments and/or new conditions will be in force from the time of their publication in the “Conditions of Sale” section of the Site.

For this reason, users are invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.

The GTC applicable are those in force on the date the purchase order is sent.

The user is obliged to carefully read these GTCS that “JustBob” makes available to him/her in the “Conditions of Sale” section of the Site and which he/she is permitted to store and reproduce, as well as all other information that “JustBob” provides to him/her on the Site, both prior to and during the purchase process.

1.4 These General Terms and Conditions apply throughout Switzerland.

They do not regulate the sale of products by parties other than “JustBob” that are present on the Site through links, banners or other hypertext links.

Before conducting business transactions with such parties you should check their terms and conditions of sale. “JustBob” is not responsible for the sale of products by such parties.

JustBob” does not control and/or monitor the websites accessible via these links.

“JustBob” is therefore not responsible for the content of these sites or for any errors and/or omissions and/or violations of law by these sites.

2. Conclusion of the contract and purchases on the Site

2.1 Through the online order and immediate payment for the products (i.e. direct order and payment via the Internet or advance payment) a sales contract is concluded between the user and JustBob.

2.2 Access to sales via the Site is reserved exclusively for users aged 18 years or older and capable of entering into contracts.

2.3 Access to the offers on the Site is permitted to users who are consumers: “consumers are persons who purchase goods or services for purposes that are not related to their commercial or professional activity”, meaning natural persons who, in relation to the purchase of products, are acting for purposes unrelated to their commercial, craft, business or professional activity.

2.4 Resellers or wholesalers or, in general, any person wishing to purchase products for subsequent resale may not, under any circumstances, make purchases on the Site. It is therefore forbidden for such persons to register and make purchases on the Site.

2.5 “JustBob” reserves the right to refuse or cancel orders that come from:

(I)  a user with whom it has an ongoing legal dispute;

(II) a user who has previously violated these General Terms and Conditions and/or the terms and/or conditions of a purchase agreement with ” JustBob”;

(III) a user who has been involved in fraud of any kind and, in particular, credit card payment fraud;

(IV) users who have provided false, incomplete or inexact identification data, or who have failed to promptly sendthe documents requested by JustBob as part of the procedure described in Article 9.3 below, or who have sent invalid documents.

3. Site registration

3.1 Registration on the Site is free of charge. To register on the Site, the user must complete the registration form, entering his first name, surname, an e-mail address, password, status, gender.

Registration will be confirmed by e-mail sent to the user who, in order to complete the registration process, must click on the appropriate link contained in the communication received.

3.2 The registration credentials must be used exclusively by the user and may not be transferred to third parties.

The User agrees to keep them secret and ensure that no one has access to them, and to inform “JustBob” without delay by e-mail or fax in the event of suspected misuse and/or disclosure. The User guarantees that the personal information provided during the registration process on the Site is complete and true. Each user is allowed to register on the Site only once. The same user is prohibited from making multiple registrations. In the event that “JustBob” detects that the same user has made multiple registrations on the Site, “JustBob” reserves the right to proceed, immediately and without prior notice, to block the corresponding account. The user agrees to hold “JustBob” harmless from any damages, compensation obligations and/or penalties arising from and/or in any way related to the user’s violation of the rules on Site registration or the storage of registration credentials.

4. Information directed to the consultation of the contract

4.1 In accordance with the provisions for electronic commerce, “JustBob” informs the User that:

– In order to conclude the contract for the purchase of one or more products on the Site, the user must fill out an electronic order form and send it electronically to “JustBob”, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase;

– The contract is concluded when the order form is received by the server of “JustBob”;

– Before proceeding with the transmission of the order form, the user may identify and correct any errors in data entry by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase;

– Once the order form has been registered and confirmation of authorization to pay the total amount due has been received, “JustBob” shall send the user, at the email address provided, confirmation of the order containing a summary of the General Conditions of Sale and special conditions applicable to the contract, information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any additional costs and Customer Service contacts, which the user may reach to request assistance and/or make complaints.

The order form shall be stored in JustBob’sdatabase for the time required to process the order and, in any case, within the terms of the law.

4.2 The language available to users for the conclusion of the contract is English, Italian, French and German.

Customer Service is able to communicate with users in the same language.

5. Prices

5.1 All product prices are quoted in Swiss Francs and include Value Added Tax (“VAT”). Shipping costs and any other additional costs, including VAT and expressed in Swiss Francs, shall be expressly and separately indicated on the order form, before the user transmits it, as well as on the order confirmation e-mail.

5.2 The price of products may be changed by “JustBob” at any time, without prior notice, it being understood that the price charged to the User shall be the price published on the information sheet illustrating the main characteristics of the product (“Product Sheet”) at the time the order is placed.

No account will be taken of any changes (upwards or downwards) in price after the order has been placed.

6. Purchase orders – Product information

6.1 “JustBob” shall execute the purchase order, and therefore ship the purchased product, only after receiving confirmation of authorisation of the total payment of the amount due, consisting of the purchase price, delivery charges, if applicable, and any other additional costs. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract shall be deemed to be terminated by law.

6.2 The products shall remain the property of the partners of “JustBob” until payment by the user of the Total Amount Due. On the other hand, the risk of loss or damage to the products, for reasons not attributable to “JustBob “, shall be transferred to the user when the user, or a third party designated by the user other than the carrier, takes physical possession of the products.

6.3 The products offered on the Site are the items present on the Site at the time the order is placed by the user.

6.4 Each product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the products as faithfully as possible. However, the colours of the products may differ from the real ones due to the settings of the computer systems or computers used by users to view them. Furthermore, the product images in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the product contained in the order form submitted by the user shall prevail.

7. Products availability

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same product at the same time, that the product ordered is no longer available after the purchase order has been transmitted. Therefore, once the order request has been received, the Orders Department of “JustBob” reserves the right to reconfirm the availability of the items purchased, the validity of the credit card transaction and to verify the details of previous transactions made by the Customer on the Web Site.

7.2 In the event of unavailability of the ordered product, the user shall be promptly informed by e-mail. The User is then entitled to immediately terminate the contract. In the event the User exercises the right of termination, “JustBob” shall refund the amount paid without undue delay and in any case within a maximum of 14 working days from the placing of the order. The amount of the refund shall be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Possible delays in the crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.

7.3 In the case of orders for several products (“Multiple Order”), if only some of the products in the Multiple Order are unavailable, “JustBob” shall immediately notify the user by e-mail. The user shall then be entitled to immediately terminate the contract, limited to the product(s) that have become unavailable in accordance with the Swiss CO. In the event that the user exercises the right of termination in relation to the product(s) that have become unavailable or in any case in which payment of the total amount due has already been made, “JustBob” shall refund the amount due in relation to such product(s) within a maximum of 14 working days from the completion of dispatch. The amount of the refund shall be communicated to the user by e-mail. This amount will be credited to the same means of payment that has been used to make the purchase. Any delay in crediting may depend on the bank, the type of credit card or the payment solution used.

In any case, the value date shall be the same as the debit date. The termination of the entire Multiple Order shall only be possible in the event that the products covered by the Multiple Order are clearly and demonstrably unavailable compared to the other products covered by the Multiple Order that are available.

8. Delivery of purchased products

8.1 Delivery is subject to a charge for purchases up to the sum of euro 59.00, while for purchases above this amount delivery is free of charge. The amount of the delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Swiss Francs and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the order.

The indication of these costs will also appear in the “Profile – My orders” section of the Website and in the order confirmation. The delivery terms will be specifically indicated during the purchase process and in the order summary, and, in any case, before the user sends the order. They will also be indicated in the order confirmation and in the “Profile – My orders” section of the Website.

If no specific delivery period is indicated, delivery shall take place, presumably within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the products to the user.

The risk of loss or damage of the products due to causes not attributable to “JustBob” is transferred to the user when the user, or a third party designated by the user and other than the carrier, takes physical possession of the product.

8.3 The products purchased on the Site will be sent and delivered to the address indicated by the user when placing the order. Home Delivery will be made, unless otherwise indicated, by courier on the days indicated on the Site.

8.4 Upon delivery of the products to the courier, an e-mail confirming the shipment will be sent to the User, the e-mail will indicate the tracking number through which it will be possible to check the status of the shipment. This e-mail will also contain information on the delivery procedure, the deadline for collection in the event of non-delivery due to the absence of the recipient and the consequences of non-delivery within the indicated deadline.

8.5 The user acknowledges that the collection of the product is his precise obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the addressee at the address specified in the order form, the courier shall leave a card to certify the delivery attempt (c.d. notice of passage). The card will indicate the telephone number that the user should contact to request that the courier make a second delivery attempt. After two unsuccessful delivery attempts, the parcel will be “in storage”.

The user acknowledges that once the storage period has elapsed the package is returned to “JustBob”, resulting in the termination of the contract. Upon termination of the contract, “JustBob” shall proceed to refund the total amount due, if already paid by the user. The refund amount shall be credited to the means or payment solution used by the User for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the date of the debit.

9. Methods of payment

9.1 Payment for the products can be made by credit card or using the Twint, PostFinance, E-finance or payment slip services. In the event that one of these means/solutions of payment cannot be used in relation to a specific product, this will be clearly indicated on the Site, at the latest at the start of the purchase procedure.

9.2 The commercial invoice shall be issued automatically with each purchase. With the first purchase, the User shall be asked to provide data for the invoice header, including tax identification number. The invoice shall be issued on the basis of the information provided by the user for this purpose, which the user declares and guarantees to be true, obligating the user to hold “JustBob” harmless and indemnified against any damages, including penalties issued by the competent authorities, that may be incurred in the event of a lack of truthfulness.

10. Right of withdrawal

10.1. The user has no right of withdrawal following the conclusion of the contract.

10.2. Once you have purchased the product(s), you may not exercise this right.

10.3. The user who has placed the order correctly may not return the product(s) purchased, which will be delivered in accordance with the terms of this contract.

10.4 If JustBobconsents to the withdrawal, the User, in accordance with the provisions of these GTC, will be reimbursed the amount paid for the purchase of the product(s). The reimbursement shall take place free of charge, within 7 days from the date JustBobauthorised the withdrawal.

11. Customer service complaints

11.1 You may request information, send communications, request assistance or make complaints by contacting Customer Service in the following ways:

– by filling in and sending the form available in the Customer Service-Contact Us section of the Site;

– by e-mail: info@justbob.ch, service available from Monday to Friday from 10.00 to 17.00;

11.2 “JustBob” will respond to complaints within five working days of receipt.

12. Guarantee

12.1 The products offered on the Site comply with the national legislation in force in Switzerland.

12.2 In the event of a lack of conformity of the purchased products with respect to the description published on the Site, the user is entitled to have the product replaced by making a specific request to Customer Service.

After verification that:

– the product has not been opened;

– the product is not damaged;

– the replacement is not too costly for the seller,

the replacement can take place at no additional cost.

12.3 In no event shall JustBob be liable for non-fulfillment of any of its obligations under these General Conditions if the non-fulfillment is caused by accident and/or force majeure, including but not limited to natural disasters, acts of terrorism, network malfunctions and/or blackouts.

13. Intellectual property

13.1. The Website as a whole, the products sold on the Website and their packaging, and all elements that may be found on the Website (such as trademarks, logos, designs, forms and models, illustrations, photos, text, animations, videograms, phonograms, software, source code and databases) are the exclusive property of JustBobor the owners of the intellectual property rights to the element in question. All such elements are protected by copyright, trademark law, industrial design law, patent law and sui generis rights.

13.2. Consequently, any reproduction, communication, downloading, modification or partial or total use of these elements belonging to JustBobor third parties, for any purpose or by any means of communication, requires the prior written authorization of JustBobor the respective intellectual property rights holders, except in cases where it is authorized by law. The Customer represents and warrants that he/she has been informed that failure to comply with any of these obligations will expose him/her to civil and/or criminal prosecution.

14. Personal Data and Cookies

14.1 JustBobcollects and processes the personal data of the Customer and, when necessary, the data of the recipient of the order. The data collection is necessary for the management and execution of the order, as well as for the business relationship between JustBoband the Customer. Data may be provided to JustBob’s contractual partners for order execution, such as handling, processing, payment and delivery. Information is also collected and stored for security purposes, in compliance with legal and regulatory obligations. In addition, the information collected enables JustBobto send promotional offers and establish business relationships with the Customer.

14.2 JustBobuses HTTP Cookies, defined as data files that are stored in the Customer’s web browser when they access the Site. The purpose of these data files, which record the Customer’s navigation on the Site, is to facilitate electronic communication, to improve and customize the quality of the Site’s service and to create statistics that measure page visits and the different functionalities of the Site.