General Terms and Conditions (GTC) for the sale of cycling computers and accessories

 

1. Scope of application

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These General Terms and Conditions govern the relationship between you as a customer and us, the Swiss company Jespr AG, in relation to the purchase and sale of a cycling computer and its accessories. By placing an order, you agree to these terms and conditions.

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Deviating, conflicting or supplementary terms and conditions shall only become part of the contract if their validity has been explicitly agreed to in writing.

 

2. Contract partner

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The contractual relationship is between you and Jespr:

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Jespr AG
Langwattstrasse 40
8125 Zollikerberg
Switzerland
CHE-324.563.086

 

3. Conclusion of contract

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The presentation of products in the Jespr online shop does not constitute a binding offer. By submitting your order, you are making a binding offer to purchase the goods in your shopping basket. We will confirm receipt of your order, but this confirmation does not constitute acceptance of your offer. A purchase contract is only concluded when we dispatch the ordered product to you and confirm this by email.

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The products offered are intended for end usage and Jespr reserves the right not to accept contractual offers that appear to be made for the purpose of commercial resale.

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If you are still a minor, you may only purchase a product with the assistance of a responsible adult.

 

4. Prices and payment

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The prices quoted include the statutory VAT of the country corresponding to the delivery address. Additional costs for delivery and shipping are shown separately.

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All prices are based on our national currency, the Swiss franc. Products can also be ordered in Euros or US dollars, although the exchange rate applied is updated regularly and EUR and USD prices may therefore vary slightly.

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If it happens that a price in the online shop was incorrect and the correct price is higher, we will contact you to ask whether you want to buy the product at the correct price or cancel the order. If the correct price is lower, we will automatically refund you the difference.

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The payment methods displayed at the end of the order process are available to you. For security reasons, we ask you never to provide us with credit card details via email or chat. You bear all risk for any losses arising from the transmission of information to supposed Jespr via internet link, email or chat.

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Promo codes can only be redeemed before completing the order process.

 

5. Delivery and availability

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All products can usually be delivered within 3 working days. The actual delivery time will be communicated with the order confirmation after receipt of payment. Once confirmed, the order will be processed by our logistics partner and dispatched for delivery to the delivery address selected during the order process. Jespr determines the appropriate mode of dispatch and the transport company. Jespr has no influence on the duration of despatch and customs clearance.

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In the event of long-term unavailability, Jespr reserves the right to extend the delivery time appropriately or in the event of unforeseeable obstacles even to refrain from a declaration of acceptance. You will be informed immediately and any payments already made will be refunded to you without delay.

 

6. Right of cancellation

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If you change your mind and wish to return a product purchased through the Jespr online shop, you have the right to do so within 30 days of the delivery date without giving a reason and without cancellation fees. Send the product with a copy of the proof of purchase to Jespr; the address can be found at www.Jespr.io. You are responsible for the shipping costs. Make sure that you return it in the same condition in which you purchased it, otherwise you will have to pay for the depreciation. If Jespr receives the product back in perfect condition, the purchase price (excluding transport and customs) will be refunded to you immediately.

 

7. Limited warranty

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If you notice any defects or malfunctions with your device, contact the Jespr Service team immediately. Your purchase is covered by the manufacturer's warranty, which covers all manufacturing defects, including improper or substandard workmanship, materials and design, during the 24-months warranty period from the date of delivery.

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Within this 24-month period, Jespr will, at its choice, repair or replace any component that failed under proper use. Such repairs or replacements will be made at no charge to you for materials and labour, provided that you comply with all applicable import and export laws and assume payment of all duties, VAT, shipping charges and other related costs. Repaired or replaced equipment is warranted for a period of 3 months from the date of delivery.

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This limited warranty does not cover malfunctions or defects caused by improper handling or normal wear and tear and only covers use as a cycling computer. A cycling computer may not be used for any other purpose that requires accurate measurement of direction, distance, location or topography.

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This limited warranty does not apply to a) purely visual damage, e.g. scratches or dents, b) parts subject to wear and tear, unless caused by defects in material or workmanship, c) damage caused by accidents, misuse, improper use, d) damage caused by water, flooding, heat, fire, electric shocks or other force majeure or external causes, or e) damage caused by own technical modifications or repairs.

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Jespr makes no warranties a) as to the accuracy or completeness of the map data or for any degradation in performance due to b) any other device using a terrestrial broadband network operating on similar frequencies or c) interference caused by shielding. In addition, Jespr reserves the right to refuse warranty claims for products or services purchased and/or used in violation of the laws of any country. In no event shall Jespr be liable for warranty claims for indirect or consequential damages arising out of the improper or inappropriate use of the product, defects in the product or the inability to use the product.

In the event of a warranty claim, these are the only legal remedies available.

 

8. Liability for transport damage

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Jespr accepts no liability for transport damage caused by a shipping service provider. The risk is transferred to you as soon as the goods leave our warehouse. After you have received the goods, you are obliged to check them immediately for possible transport damage. If you notice any damage, please complain to the transport service provider immediately and inform us without delay.

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In the event of transport damage, you have the option of exercising your right of cancellation. The statutory warranty rights remain unaffected.

 

9. Liability

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The products offered are legally compliant with the legislation of Switzerland, the European Union and the United Kingdom. The products fulfil all essential requirements of Directive 2014/53/EU. Jespr therefore excludes any liability in the event that the products supplied do not comply with the laws of the country of delivery.

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The liability of Jespr for slightly negligent breaches of duty is excluded, provided that no essential contractual obligations are affected or damages result from injury to life, body or health. Jespr is not liable for damages caused by improper use of the cycling computer.

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Claims for damages are excluded to the extent permitted by law. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Jespr. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

 

10. Software licence agreement

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Please note that as soon as you use your Jespr, you automatically agree to this software licence agreement.

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Jespr grants you a limited licence to use the software within the scope of the intended use. Title, ownership rights and intellectual property rights in the Software remain with Jespr and the software is protected by Swiss copyright laws and international copyright treaties. You acknowledge that the structure, organisation and code of the software, for which no source code is provided, are and remain trade secrets. You may not decompile, modify, disassemble, reverse assemble, reverse engineer or convert the software or parts thereof into a generally readable form. It is also prohibited to create a work derived from the software, to resell, sub-licence, rent, lease, transfer, disclose or lend the software to third parties.

 

11. Data protection

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The protection of your data is clearly regulated. The privacy policy describes how Jespr collects, uses and protects your personal data. Jespr's privacy policy is available on the website.

 

12. Applicable law and place of jurisdiction

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Any contract for the purchase of products through Jespr's online shop and any dispute or claim arising out of or in connection therewith shall be governed exclusively by the substantive laws of Switzerland, excluding the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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The place of jurisdiction for all disputes arising from the contractual relationship between you and Jespr is Zurich.

 

13. Severability clause

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Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall be deemed to have been effectively agreed from the beginning which comes closest to the economic intent of the contracting parties. The same shall apply in the event of loopholes in these GTC.

 

Jespr AG, Switzerland, 2024