Terms & Conditions
Welcome to JunghansUSA.com (the “eBoutique”), the public, e-commerce website for Junghans North America, a brand of DKSH Premium Brand Distribution, Inc. (“DKSH”). The eBoutique is provided as a service to our customers and your use of this eBoutique is governed by these terms and conditions (these “Terms and Conditions”). By using this eBoutique, you acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the eBoutique. DKSH may change these Terms and Conditions at any time, without notice to you. Such changes are effective when they are posted to this eBoutique and your continued use of the eBoutique after any such changes are posted will be considered acceptance of such changes.
- Orders for Products and Services.
The products DKSH makes available on this eBoutique are for your personal, non-commercial use only. You may only order products if you are domiciled in the United States and you are 18 years old or older. Unless otherwise indicated, all prices on the eBoutique are in US Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to DKSH. You agree to pay all applicable taxes. If payment is not received by DKSH from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by DKSH. Certain products that you purchase on this eBoutique may be subject to additional terms and conditions presented to you at the time of such purchase. DKSH reserves the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped.
- Product Information and Pricing.
While DKSH attempts to be accurate, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, materials or other information or content on the eBoutique. Any orders placed via the eBoutique are not considered accepted until DKSH have shipped the order. DKSH cannot confirm the price of an item until an order has been processed. DKSH reserves the right to correct any errors or inaccuracies on the eBoutique, to change or update information or to cancel orders if any such information is inaccurate. DKSH will charge your credit card at time of order. If DKSH cancels any orders after your credit card has been charged, DKSH will issue a credit to your account in the amount charged.
DKSH tries to accurately display the colors of the products you see on the eBoutique. However, DKSH cannot guarantee that the colors you see on your monitor will be accurate.
- eBoutique Content; License.
DKSH and/or its licensors own all right, title and interest in and to the eBoutique, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the eBoutique (“Content”), as well as the look and feel and the design of the eBoutique and the organization of the Content on the eBoutique, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the eBoutique does not grant you ownership of any Content on the eBoutique.
Subject to these Terms and Conditions, DKSH grants you a limited, revocable, non-sublicensable and non-transferable license to use the eBoutique and the materials contained thereon only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the eBoutique or on content available through the eBoutique are registered and unregistered Trademarks of Junghans and DKSH and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by DKSH that appear on the eBoutique or on or through the eBoutique’s services, if any, are the property of their respective Trademark owner. Nothing contained on the eBoutique should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the eBoutique without DKSH’s written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the eBoutique is strictly prohibited.
- Prohibited Customer Activity.
Unless expressly permitted in these Terms and Conditions or with DKSH’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this eBoutique. DKSH will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the eBoutique or for any services or features offered on or through the eBoutique, or obtaining lists of users or obtaining or accessing other information or features on, from or through the eBoutique or the services offered on or through the eBoutique, including, without limitation, any information residing on any server or database connected to the eBoutique or any services offered on or through the eBoutique; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the eBoutique through any means; (iii) use the eBoutique or the services made available on or through the eBoutique in any manner with the intent to interrupt, damage, disable, overburden, impair the eBoutique or such services, or interfere with any other party’s use and enjoyment of the eBoutique including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the eBoutique or the eBoutique’s services or features in violation of DKSH’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the eBoutique or the eBoutique’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the eBoutique and the Content or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the eBoutique.
- User Information.
- User Comments, Feedback, and Other Submissions.
- Links to and from the eBoutique.
If you link from any other eBoutique to this eBoutique, such link shall open in a new browser window or tab and shall link to the full version of the eBoutique. You are not permitted to use any linking method whereby the Content is hosted by DKSH but displayed on another web site (this practice is sometimes referred to as “in-line” linking). You may not to link from any other web site to this eBoutique in any manner such that the eBoutique, or any page of the eBoutique, is “framed,” surrounded or obfuscated by any third party content, materials or branding. DKSH reserves all of our rights under the law to insist that any link to the eBoutique be discontinued, and to revoke your right to link to the eBoutique from any other eBoutique.
You may be able to link from the eBoutique to third-party eBoutiques and third-party eBoutiques may link to the eBoutique (“Linked Sites”). You acknowledge and agree that DKSH has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of DKSH. Links to Linked Sites do not constitute an endorsement or sponsorship by DKSH of such eBoutiques or the information, content, products, services, advertising, code or other materials presented on or through such eBoutiques. DKSH is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the eBoutique.
You agree to defend, indemnify and hold DKSH and Junghans, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the eBoutique, your placement or transmission of any message, content, information, software or other materials through the eBoutique, or your breach or violation of the law or of these Terms and Conditions. DKSH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DKSH’s defense of such claim.
- DISCLAIMER OF WARRANTIES.
THE EBOUTIQUE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE EBOUTIQUE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DKSH MAKES NO WARRANTY THAT THE EBOUTIQUE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKSH OR THROUGH THE EBOUTIQUE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. DKSH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE EBOUTIQUE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE EBOUTIQUE. IF YOU ARE DISSATISFIED WITH THE EBOUTIQUE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE EBOUTIQUE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, DKSH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE EBOUTIQUE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE EBOUTIQUE OR IN CORRESPONDENCE WITH DKSH OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE EBOUTIQUE ARE PROVIDED BY DKSH “AS IS” PROVIDED THAT THE FOREGOING DISCLAIMER DOES NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY DKSH OR THE APPLICABLE MANUFACTURER OF A PRODUCT AS CONTAINED IN THE PACKAGE DELIVERED TO YOU, AS SPECIFICALLY DESCRIBED ON THE EBOUTIQUE OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND DKSH OR ITS LICENSOR OR SUPPLIER.
- LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DKSH, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE EBOUTIQUE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE EBOUTIQUE, YOUR PROVISION OF INFORMATION VIA THE EBOUTIQUE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE EBOUTIQUE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE EBOUTIQUE OR ANY PRODUCT ORDERED VIA THE EBOUTIQUE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO DKSH FOR YOUR USE OF THE EBOUTIQUE OR PURCHASE OF PRODUCTS VIA THE EBOUTIQUE.
- Applicable Laws.
This Agreement is governed by the laws of the United States and the State of New Jersey, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in Mercer County and You agree to submit to the personal and exclusive jurisdiction of the courts located in Mercer County.
- Viruses, Hacking And Other Offenses.
You must not misuse our eBoutique by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attack our eBoutique via a denial-of-service attack or a distributed denial-of-service attack.
DKSH will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our eBoutique or to your downloading of any material posted on it, or on any eBoutique linked to it.
- Shipping Information.
DKSH normally sends all merchandise using Fed-Ex service. Please allow 3-4 days for delivery once you have placed your order. It is very important to note that an adult (21+) signature will be required in order for shipments from DKSH to be delivered. Please make sure that you or someone you trust is available to sign for the package upon delivery. A government issued ID will be required to sign for the delivery of any and all shipments by DKSH.
DKSH will make every effort to process and ship your order the same day. This applies to orders placed before 2 p.m. ET, Monday through Friday. Packages may be scheduled for Saturday delivery where that service is available. Sunday and holiday delivery is not available. For orders totaling over $40,000, a DKSH Representative will contact you to arrange for delivery via secure courier. Orders are available for shipping to all 50 states. At this time, DKSH does not ship to international addresses, P.O. Boxes, or APOs. In-store pickup is not currently available.
- Return Policy.
Subject to certain exceptions set forth below, if for any reason you are not satisfied, DKSH will gladly accept your return within 10 days of merchandise being shipped to you. A return authorization must be initiated within 10 days of the merchandise being shipped to you and product returned within 5 days of the return authorization being issued. Further, all products must be returned with the original receipt, in a new and unused state, in perfect condition, with all original shipping and product packaging, protective materials, and tags in place. DKSH will not accept any returns if the product shows signs of wear or has been used or altered from its original condition in any way, or if the 10-day returns authorization has passed. Individual items valued at $10,000 and above and any limited-edition items are considered a final sale and cannot be returned for exchange or refund. Personalized products are considered a final sale and cannot be returned for exchange or refund.
Should you wish to return of a single purchase valued at below $10,000 that is not a limited edition, please access the “My Orders” page in your account in the eBoutique within 10 days of your order being shipped to you. You will be provided with a Return Authorization number by email. You are obliged to then package the return in its original box and return ship it with FedEx overnight or 2nd day express service. You are also obliged to keep note of your return tracking number and provide said number to us upon receipt. Receipt of return shipments is required within 5 business days of receiving your return authorization number. Returns can only be accepted if shipped in the original packaging. DKSH can only accept shipments by FedEx Express. You are fully responsible for any loss or damage of the merchandise and its packaging during return shipping. Any returns that do not meet the return criteria as outlined herein are not deemed returns and DKSH has the right to not take delivery of the return and or not issue credit for the merchandise. DKSH reserves the right to inspect merchandise that was properly returned for its functional integrity for a period up to 30 days after receipt of the return. Once the merchandise has passed inspection, you will be credited with the refund amount as outlined herein.
DKSH may change, suspend or discontinue this eBoutique at any time. DKSH may restrict, suspend or terminate your access to the eBoutique and/or its services if DKSH believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. DKSH will revoke the eBoutique use privileges of users who are repeat infringers of intellectual property rights.
DKSH’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
- DKSH Premium Brand Distribution, Inc.
31 NE 17th St
Miami, FL 33132
609 750 8800