Terms and conditions
These General Terms and Conditions of Sale ("T&C") govern the offer and sale (together with the documents referred to below, including without limitation the Privacy Policy and Terms and Conditions of Use) of products marked with the "J.Hopenstand" trademark ("Products") on the website www.jhopenstand.ch (the "Website").
Please read these T&C carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&C.
The following T&C refer separately to the Products of our selection (‘Our Selection’) that could be personalised with your initials, the bespoke Products (‘Bespoke’), which are unique and made to order especially for you and the other accessories (‘accessories’), Products regularly sold by J.Hopenstand.
The Products purchased on the Website are sold by J.Hopenstand, titulaire Defrancesco, with headquarter in Switzerland, chemin des Daillettes 8, CH-1009 Pully, not subject to Swiss VAT (" J.Hopenstand," "our," "we" or "us").
For any other legal matter please refer to the following section of our Website: Privacy policy and cookies
This English version is a translation of the official French version for information purpose only. J.Hopenstand cannot be bound by any other version than the French one, available on our Website.
1. OUR BUSINESS POLICY
1.1. J.Hopenstand offers its Products on the Website, including its e-commerce business services, exclusively to consumers (i.e., any natural person who will be the consumer of the Products and who is acting for purposes which are outside his/her trade, business or profession). If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.
1.2. J.Hopenstand offers its Products only to consumers over the age of 18. If you are under 18, you are strictly prohibited from ordering Products from the Website. J.Hopenstand reserves the right to cancel any orders from consumers we believe to be under the age of 18.
1.3. We do not sell second-hand Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on each Product page of the Website. The appearance of Products offered for sale on the Website may not exactly correspond to actual Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.
1.4. Our Products are made by hand by artisans and for most of them with leather with a natural finish. Thus they are all unique and we cannot guarantee that two same articles purchased on our Website will be perfectly identical. Nevertheless we take great care in the selection of our raw material and in the training of our artisans to lessen all differences.
1.5. Products ordered on this Website may be shipped only to physical addresses located in Switzerland and in the European Union. For more information please refer to article 4 of the present T&C.
1.6. These T&C (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and J.Hopenstand.
2. HOW TO PROCESS AN ORDER
2.1. All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the checkout process. It is your responsibility to check the items in your shopping bag are the correct style, color and size before proceeding.
2.2. Your order is an offer to J.Hopenstand to buy the Product(s) contained within your order and is binding for a period of fifteen (15) days. An order shall be deemed to have been submitted to J.Hopenstand when you receive an order receipt email (automatically generated) confirming the content of your order, which has been received and is being assessed by J.Hopenstand.
2.3. This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.
2.4. Your offer shall be deemed accepted and the relevant contract of sale is effective from the moment J.Hopenstand dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, the essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details ("Order Status Update").
2.5. If your order is dispatched in more than one package, you may receive a separate email for each package and by means of each separate email you and J.Hopenstand complete a separate contract of sale for the Product(s) specified in the respective email.
2.6. J.Hopenstand reserves the right not to accept your order in its sole discretion. In such case, J.Hopenstand will inform you by email of the cancellation of the order.
2.7. By submitting an order form, you unconditionally accept and undertake to comply with these T&C as well as any other terms and conditions contained on the Website (including without limitation our Privacy Policy, Terms and Conditions of Use, Returns Policy, and Warranty Policy).
2.8. We strongly encourage you to print a copy of these T&C and the order form using the print option and save a copy thereof for your own personal use.
3. PRICES AND PAYMENTS
3.1. All prices are not including VAT as we are not subject to Swiss VAT. Nevertheless, our prices represent the full price you will pay from the product including its delivery in Switzerland.
3.2. For all delivery outside Switzerland some local VAT and import taxes may apply. We advise you to check with the authorities of your country to know the amount of these taxes.
3.3. Prices are subject to change. However, such changes will not impact the price or the description of the Products for which you have already submitted an order.
3.4. Although we have taken reasonable care to reflect accurate prices on the Website at the time of publication, a small number of Products on our Website may be mispriced. Prices are confirmed when you receive your order receipt email outlining the charges (including delivery), which may be different than the price reflected on our Website.
3.5. You may pay for your order using the payment methods available on the Website, such as credit or debit cards.
3.6. Our prices are always in Swiss francs (“CHF”), nevertheless we allow you to pay in euro if you prefer.
3.7. The exchange rate we are using is the average interbank rate of the previous day, we then round the price to the closest round amount. Thus we don’t take any commission on the exchange rate, you automatically get the best market rate. Your credit/debit card supplier could charge you with additional fees for abroad purchases.
3.8. We take reasonable care to make our Website secure. All credit and debit card transactions on our Website are processed using Postfinance, a renowned Swiss bank that encrypts your card details in a secure host environment. We don’t store any of your credit and debit card details, they will be securely store directly by our partner Postfinance. These details will be fully encrypted and used only to process card transactions, which you have initiated, to issue a refund in case of return or unavailability of the Products or for reporting cases of fraud to governmental authorities.
3.9. Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly, as J.Hopenstand will be unable to assist you with these types of payment failures.
3.10. Your credit card will be debited directly when you order and confirm your purchase. The price for the purchase of the Products and the corresponding expedition and delivery costs as mentioned in the confirmation e-mail, will be debited accordingly to the method of payment you have chosen.
3.11. J.Hopenstand reserves the right to implement any additional and/or other payment security system from time to time.
3.12. Refunds, for whatever reason, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. J.Hopenstand will not be responsible for any delays beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer.
4. SHIPPING AND DELIVERY
4.1. The delivery time for the Accessories is 5 working days for Switzerland; it includes the preparation, the dispatch and the reception at your address. Thus this delivery time could be longer for deliveries outside Switzerland. For Our Selection and Bespoke Products, the delivery time is 4 to 6 weeks, as it also includes the production of the Products in our workshops.
4.2. The delivery could be done in Switzerland and in the European Union. If you’re not a resident of these countries please contact our customer service that will help you find a solution.
4.3. J.Hopenstand is unable to deliver to P.O. boxes, APO/FPO addresses. Any orders specifying a P.O. box, APO/FPO will be automatically cancelled.4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the T&C and is hereby incorporated by reference.
4.4. The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order is dispatched.
4.5. Currently, J.Hopenstand carriers are able to deliver only Monday to Friday (excluding national holidays), during local business hours.
4.6. We will make reasonable efforts to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and J.Hopenstand will not be liable for any delay in delivery.
4.7. All shipments will require a legible signature of the customer upon delivery.
4.8. Upon delivery, it is the customer's responsibility to ensure that a package customer is signing for is without damage, visible alteration or wet. Any such defects should be reported when you sign for the delivery.
4.9. Upon full and correct payment, delivery, and signature for a package, the associated Products will become your property and you will become fully responsible for the Products.
5. RIGHT OF WITHDRAWAL/RETURNS POLICY
5.1. As a customer, you may cancel your order for Products purchased on the Website, without any penalty, by email at concierge@jhopenstand.ch, we will send you an email ton confirm the reception of your retraction and you will then be able to send us back the Products. You have fifteen (15) days from delivery of the Products to submit your returns request and to send us back the products.
5.2. Be careful: We do accept return only for Accessories and Products of Our Selection that have not been personalised with your initials. We won’t accept any return for Products that have been personalised as the Bespoke or Products of Our Selection with your initial on them.
5.3. J.Hopenstand does not support any shipping costs for the returns.
5.4. You must return the Products with secure packaging. You must return the Product(s) in the same condition in which you received them and they must be returned in their original packaging; moreover, the Products must not have been washed or damaged and the relevant identification tag must still be attached to the Products with the disposable seal. Please note that J.Hopenstand will review the returned Products via quality control. If the Products are sent back in perfect condition, new and with all tags and labels attached, J.Hopenstand will approve the return and reimburse the price originally paid. If the recipient of the Product(s) indicated in the order form is different from the individual who made the payment for such Product(s), the amount paid for returned items shall be refunded to the individual who made the payment.
5.5. If any of the labeling or tags are missing, do not comply with this T&C or J.Hopenstand has any reason to believe that the Products have been altered or are an imitation of the Products or were not purchased directly through this Website, J.Hopenstand will not accept the return and will return the Products back to you.
5.6. Should J.Hopenstand accept the return, we shall refund the price of the Product(s). J.Hopenstand will refund to the card/payment method you originally used to pay for the Products within fourteen (14) days from the date on which you returned the Products to J.Hopenstand's, unless possible delays of a technical nature occur that are not attributable to J.Hopenstand.
6. WARRANTY
6.1. J.Hopenstand warrants to the consumer that the Products that we deliver from this Website comply with the specifications for Products set forth on the Website and are free of material defects and workmanship errors (the "Warranty") for a period of twenty-four (24) months from the date of delivery.
6.2. This warranty applies only to Products which are a) manufactured by or for J.Hopenstand as identified by the "J.Hopenstand" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.
6.3. In the event of alleged lack of conformity of a Product to the Warranty, in order to benefit from his/her rights under this Warranty Policy the consumer must notify Client Services by email at concierge@jhopenstand.ch within a period of fifteen (15) days from the date on which he/she detected such lack of conformity. In any event, the proceedings intended to enforce the lack of conformity not fraudulently hidden by J.Hopenstand shall expire after twen (24) months from delivery of the Product(s).
6.4. J.Hopenstand reserves the right to ask for photographs of the Products with material defects and/or to ask for a return of these Products. The procedure to follow will be communicated to the Client by email in a case-by-case basis depending of the defect described by the client.
6.5. The Client will return the Product only if clearly requested by J.Hopenstand.
6.6. J.Hopenstand will examine all Products returned as damaged or defective and, in the event of a lack of conformity to the Warranty, will replace the Product or, if this is not commercially reasonable, refund the price paid.
6.7. J.Hopenstand will refund the price and your costs of returning defective Products using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, J.Hopenstand shall refund the amount paid for returned items to the individual who made the payment.
6.8. In the event that J.Hopenstand finds no fault with the returned Products, you will be notified that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, J.Hopenstand reserves the right to retain the Products and the purchase price.
6.9. This warranty does not apply
- (i) if the Product has been subject to faulty or improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product;
- (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Bally;
- (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear or deterioration, improper environmental conditions or lack of responsible care,
- (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.
6.10. This Warranty policy doesn’t affect legal rights you may have according to the consumer law
7. CLIENT SERVICES
7.1. Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and to return Products purchased on the Website. Client Services can be contacted by phone at +41 21 552 02 23 or via email at concierge@jhopenstand.ch. The client service will answer your request within 48 hours.
8. LIMITATION OF LIABILITY
8.1. The appearance of Products displayed on the Website may not exactly correspond to actual Products in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality.
8.2. The leather and other material used by J.Hopenstand to make its Products are natural, thus small marks and stains resulting from the normal life of the animal could not be considered as a material defect. Natural oxidation, the patina or other marks naturally made throughout time cannot be considered as material defects. Please refer to the care advices section of this Website to get more details on how to take care of J.Hopenstand’s Products.
8.3. Except for cases of gross negligence and fraud, in no event will J.Hopenstand and/or any of its affiliates be liable to any buyer for lost profit, any consequential, incidental, indirect, punitive or special damages arising out of or related to these T&C and/or any damages in connection with any third party claim raised against the buyer of the Product.
8.4. No representation or warranty, expressed or implied, is made as to accuracy or completeness, merchantability or fitness for any purpose by us or any of our affiliates.
8.5. The total amount of J.Hopenstand's liability in respect of the purchase of Products under these T&C is limited to the amount paid by the buyer for the purchase of the Product giving rise to the liability.
8.6. The responsibility stated in the consumer law stays unchanged.
9. PRIVACY
9.1. You will find information on how we process your personally identifiable information and on the security systems of the Website by clicking on Privacy Policy. We recommend that you read this carefully.
10. ASSIGNMENT
10.1. J.Hopenstand may subcontract the performance of all or any of its obligations under these T&C at any time without the consent of any buyer and may transfer these T&C (including without limitation a transfer resulting from a merger, divestiture, acquisition, change of control, corporate reorganization, or sale or lease of all or substantially all of our relevant assets or business) and/or the purchase contract entered into by and between J.Hopenstand and the buyer, completely or partially, to any third party (including without limitation any affiliate of J.Hopenstand), without the consent of any buyer.
10.2. The Customer must not assign or subcontract any right or obligation under these T&C without the prior written consent of J.Hopenstand.
11. FORCE MAJEURE
11.1. In the event of strikes, difficulties or other events due to causes beyond the reasonable control of J.Hopenstand that would influence the delivery of the Products, J.Hopenstand shall be authorized to postpone deliveries or to cancel them.
11.2. We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
12. OUR CONTACT DETAILS
12.1. Our contact details are:
- J.Hopenstand
- titulaire Defrancesco
- chemin des Daillettes 8
- CH-1009 Pully
- Suisse
- Email: concierge@jhopenstand.ch
- Tél: 0041 21 552 02 23
13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES
13.1. These T&C supersede and replace all prior terms and conditions of sale associated with purchases made on the Website.
13.2. The other polices stated on the Website are fully part of these T&Cs. Such as for example but not exclusively, the privacy cookies and use policies.
13.3. These T&C and all the other policies of the Website may be amended from time to time due to any new laws or regulations or other reasons. The new T&C and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publication.
14. SEVERANCE
14.1. If any provision of these T&C shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&C which shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION
15.1. These T&C and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Switzerland. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of Lausanne.
15.2. These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website on the date of your submission of the order form.
15.3. The effective date of these General Terms and Conditions of sale is 1st March 2015