Terms and conditions of sales

Thanks for shopping at our webstore. We want to make sure you have a great experience while you are exploring and purchasing our STISS augmented watches (hereinafter referred to as «device(s)». There are terms and conditions that apply to transactions at our webstore. By placing a purchase order at our webstore you agree to the present «Terms and conditions of sales» along with our «Privacy Policy» and «Returns & Refunds Policy».

In the event of deviations, the German version of our Terms and conditions of sales is authoritative and only this is legally binding.

1. Scope of application and general information

1.1 These «Terms and conditions of sales» apply to deliveries and services via www.shop.stiss.ch hereinafter referred to as «webstore», which is operated by STISS Ltd, a company under Swiss law, company ID CHE-150.319.496, Rue de l’Industrie 10, 1950 Sion, Switzerland hereinafter referred to as «STISS». STISS is the owner of the STISS brand for wristwatch glasses (Swiss Technology Inside Smart Sapphire).

1.2 We recommend that you read the present terms and conditions of sales, hereinafter referred as «TCS» carefully before ordering payment wristwatches from our webstore.

1.3 The following TCS apply to all deliveries between us and a consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.

1.4 STISS presents the payment wristwatches in its webstore as accurately as possible. Unfortunately, it cannot be avoided that colours and shapes on the respective screens do not correspond to the actual occurrences. Furthermore, STISS cannot guarantee that the descriptions and illustrations of the payment wristwatches are always free of errors and that the payment wristwatches correspond exactly to the expectations of the customers.

2.a Conclusion of contract Mastercard MDES banks & issuers

2.2 The order takes place in the following 3 steps. You order in our webstore by going through the following steps:

Step 1 Choose your wristwatch

Place the wristwatch in your shopping basket by clicking on «ADD TO CART» button without obligation.

You can view the payment wristwatch you have placed in your cart by clicking on the «Cart» icon. Here you can also delete the wristwatch. You can only order one wristwatch at a time. if you want to acquire other ones, place a new order. Please check the cart for the correctness before you continue the order process. If everything is in order, proceed to step 2.

Step 2 Order and link your wristwatch

On the cart page click on «PROCCED TO CHECKOUT» button.

On the following order validation page enter your billing, shipping, and payment details required to complete your order. There you have also direct access to our privacy policy. Please read and agree to the webstore terms and conditions. Click on «PLACE ORDER» button.

The order received page opens and inside it you are redirected to the highly secure Digiseq’s Mastercard MDES-integrated provisioning platform, which delivers your tokenised card credentials to your wristwatch. Banking grade security – we have no access to your payment card details, which you enter on that platform).

There, enter all your bank card details, by navigating with «NEXT», «BACK», «CONTINUE», and «FINISH» buttons. Follow all steps until you get the «Success!» message, which confirms that you have successfully linked your bank card to your wristwatch (wearable).

The ordering and card linking process is now completed and a confirmation email will be sent to you. Also check your junk or spam folder.

Unfortunately, it is no longer possible to change the order after placing the order. If the order has not yet been processed, you can contact STISS to cancel the complete order and then place a new one if you wish. Otherwise, you can exercise your right of withdrawal according to acticle 3 of these TCS.

Step 3 Activate your wristwatch

After you have received the watch, you have a total of 30 days from the date on which you have successfully registered the wristwatch in our webstore to activate your watch.

If you exceed this period, the Mastercard payment token will be cancelled for security reasons and would then have to be renewed at your expense.

In such a case, you must notify us in advance so that we can agree on the procedure. This procedure process will include the shipping and return costs of the watch, the necessary processing costs, and the fees for reprogramming the payment token via our web store by entering your card details again.

The exact procedure for activating the wristwatch can be found in the enclosures provided with the wristwatch (invoice & delivery note, as well as warranty and user instructions).

Depending on your bank or card issuer, you may be given one or more of the following options which wallet or app is being used:

– via Digiseq’s Manage-Mii app,
– bank or card issuer wallet or app.

The activation methods for your watch could be:

– via bank or card issuer mobile app, wallet,
– via website or SMS,
– via app, email or phone call to the call center.

Digiseq – The Manage-Mii mobile app

After your watch registration you’ll receive an email from Digiseq.

a) How to

Download Manage-Mii from the Apple Store or Google Play Store to activate your wearable.
Your account already contains your watch.
Wait for your watch to be delivered.
Upon receiving it, activate your watch.

b) Activating your watch

Follow the in-app instructions to activate your watch. Essentially, you are verifying your identity with your bank so that you can start using your watch.

Depending on your bank, you could be given one or more options to activate your watch (See above Step 3 Activate your wristwatch)

c) Security features

PSD2

To meet the EU Payment Services Directive 2 Strong Customer Authentication regulation, Manage-Mii has security features in place to make your payment experience convenient, safe, and tailored to your lifestyle.

High-value transactions

Single transactions of Euro 50 and above are high-value transactions. Whenever you make a high-value transaction with your watch, you may be asked to enter your PIN number on the payment terminal.

Your spending limit

Whenever you make consecutive low value transactions (below Euro 50) with an accumulated value reaching Euro 150, you will be asked to authenticate on Manage-Mii to continue using your payment watch via a push notification. Authentication is done via your phone’s built-in authentication features (Touch ID, Face ID, etc.).

Your spending meter

If your bank or card issuer has opted to provide the spend control facility within Manage-Mii, your spending meter displays the amount spent towards your spending limit. Whenever you authenticate your watch with Manage-Mii, your spending meter resets. This allows you to spend up to your spending limit again.

Reset your Meter

You can choose to reset your meter before reaching your spending limit. This allows you to spend up to your spending limit again.

Set a Spending Reminder

Set an optional spending reminder that gives you a push notification when your spending meter reaches a specified level. A spending reminder can be used to track your spending, or as an alert that you are fast approaching your spending limit.

Specify an amount that gives you a push notification when your spending meter matches it.

The reminder you have set is denoted by the bell icon on the spending meter.

2.3 The text of the contract is not stored by us and cannot be retrieved once the order has been placed. However, you can print out the order data immediately after it has been sent. You will also receive the order data (without our TCS) by e-mail in the confirmation of receipt after your order.

2.4 Prices and payment

Products and prices stated in the webstore are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our webstore, by telephone or e-mail. Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the payment watch will be delivered. It solely notifies the customer that the placed order was received by the webstore and a contract was therefore concluded under condition of deliverability and correct price quotation.

2.4.1 STISS offers free shipping for all payment watches within the 26 EEA countries (European Economic Area) including United Kingdom, Liechtenstein, and Switzerland. Should we not ship to your country please contact us directly. All prices are inclusive of VAT in Switzerland, and Liechtenstein. The prices valid at the time the order is received by us shall apply. For orders shipped to an address in an EEA country, and the United Kingdom the import duties, and all taxes are at customer charge and directly billed by Fedex or the carrier. Should we not ship to your country please contact us directly.

2.4.2 Payment shall be made in advance. We use external payment service providers, through whose platforms users and STISS payment transactions can be made. STISS offers the following payment options: Visa, Mastercard, American Express and Paypal. The products will be shipped as soon as the customer’s transfer amount has been received in full. In the event that no payment is received after your order has been placed, we may cancel your order without prior notice.

Your payments are securely managed by Stripe or PayPal according to strict banking standards. STISS does not store credit card numbers. All credit card and debit card payments on the STISS webstore are processed through secure and trusted payment gateways managed by Stripe or PayPal. Credit card providers often use the 3D Secure password service for online transactions, providing an additional layer of security through identity verification.

Payment transactions are subject to the terms and conditions and privacy notices of the respective payment service providers, which are available on the respective websites or transaction applications. We refer you to them for further information and the assertion of revocation, information, and other rights of data subjects.

The data processed by the payment service providers includes inventory data such as name and address, as well as bank data such as account or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient details. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. We do not receive any account or credit card related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the general terms and conditions and the data protection information of the payment service providers.

2.5 Delivery

The payment wristwatch will be delivered to the delivery address you specify. STISS is committed to provide up-to-date and precise information on availability and delivery times in the webstore. However, production and delivery shortages may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

Together with the confirmation, the customer is provided with a provisional delivery date. If delivery by STISS is delayed, customers are entitled to withdraw from the contract (except special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, STISS will refund the customer any amount paid in advance. No further claims towards Winwatch apply.

If we are unable to meet the estimated delivery time stated in the order confirmation, which is 5-7 working days within Europe (26 EEA countries of the European Economic Area) and 2-3 working days in Switzerland and Liechtenstein, we will contact you immediately to notify you of a later delivery date. If you reject the new delivery date, you may cancel the order at no cost and the purchase price will be refunded.

2.6 If payment wristwatches with obvious transport damages are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

2.7 Reservation of title

The delivered payment wristwatches remain our property until final payment has been made.ex

2.b Conclusion of contract MuchBetter smart payment app

2.2 The order takes place in the following 3 steps. You order in our webstore by going through the following steps:

Step 1 Choose your wristwatch

Place the wristwatch in your shopping basket by clicking on «ADD TO CART» button without obligation.

Step 2 Order and link your wristwatch

On the cart page click on «PROCCED TO CHECKOUT» button.

The ordering process is now completed and a confirmation email will be sent to you. Also check your junk or spam folder.

Step 3 Activate your wristwatch

The IC (chip with secure element) in STISS is already preprogrammed to be linked to your MuchBetter account.

1. After receiving your watch, start the MuchBetter payment app on your mobile phone.
2. Enter the 9-digit activation code you received with your wristwatch under “Card”, “Devices”, “Activate devices” in the app and give it a nickname.

3. That’s it. You can now pay instantly with your wristwatch whereever contactless payment with your Mastercard are accepted.

The exact procedure for activating the wristwatch can be found in the enclosures provided with the wristwatch (invoice & delivery note, as well as warranty and user instructions).
Keep your 9-digit activation code in a safe place in case you need to change your smartphone and reactivate the watch later.

2.4 Prices and payment

2.4.1 STISS offers free shipping for all payment watches within the 26 EEA countries (European Economic Aera) including United Kingdom, Liechtenstein and Switzerland. Should we not ship to your country please contact us directly. All prices are inclusive of VAT in Switzerland, and Liechtenstein. The prices valid at the time the order is received by us shall apply. For orders shipped to an address in an EEA country, and the United Kingdom the import duties, and all taxes are at customer charge and directly billed by Fedex or the carrier. Should we not ship to your country please contact us directly.

2.5 Delivery

2.7 Reservation of title

The delivered payment wristwatches remain our property until final payment has been made.

3. Revocation instruction for consumers

Consumers are entitled to a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.

Revocation – right of withdrawal

You have the right to revoke this contract within fourteen days. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have or have taken possession of the last goods. To exercise your right of revocation, you must also return us the provided mandatory «RETURN FORM – STISS Augmented watch» to revoke this agreement. To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the payment wristwatch back or until you have provided evidence that you have returned the payment wristwatch, whichever is earlier. For any undamaged, unused, and unworn STISS augmented wristwatch, return it with its included original packaging along with the provided mandatory «RETURN FORM – STISS Augmented wristwatch» within 14 days from the date you receive the device.

In addition, if you have already activated the watch, it is your own responsibility to remove the Mastercard payment token from the payment watch in the Manage-Mii or Bank app before you send the watch back to us. The same applies if you have already activated the wristwatch in the MuchBetter smart payment app.

We only accept return delivery against signature with tracking number indication. Note that STISS will not accept unpaid shipments or COD packages and will not bear the costs for shipping or returns. You assume the risk of loss or damage to the returned device while it is in the post back to us.

However, we must charge you a fee of € 16.00 per wristwatch, which we incurred to establish the link with your bank card or with the MuchBetter smart payment app. On receipt of your returns parcel, you will receive the purchase price of the payment wristwatch less the € 16.00 bank or smart app link fee.

Exceptions to the right of withdrawal

The right of revocation does not apply to the delivery of payment wristwatches which have been manufactured according to customer specifications or are clearly tailored to personal needs.

4. Warranty, Guarantees

The statutory warranty provisions apply. If we grant you a guarantee beyond that, the details result from the guarantee conditions, which are attached to the payment wristwatch delivered in each case. Warranty claims exist independently of the warranty rights.

Warranty STISS Augmented wristwatches

A) The STISS Augmented wristwatches were manufactured by STISS in collaboration with watch brands, and are supported by Mastercard. The responsible manufacturer is STISS.

STISS offers a warranty for all STISS Augmented wristwatches. The warranty covers material and manufacturing defects that exist at the time of delivery of the purchased wristwatch. The warranty is also valid only if the guarantee-certificate of the wristwatch is dated, completed in full and correctly completed and signed. During the warranty period and after presentation of the valid guarantee certificate, you are entitled to free repair by STISS. If repairs are not correct to restore the normal terms of use of your wristwatch, STISS will replace it with a wristwatch with identical or similar features.

This warranty does not apply to:

the battery life;
normal wear and aging (e.g. scratched glass, change of color and / or material of non-metallic bands such as rubber);
damage to a part of the wristwatch caused by improper / abusive use, lack of care, negligence, accidents (shocks, bumps, squeezing, broken glass, etc.), of the wristwatch;
indirect or consequential damage of any kind caused by use, malfunction, defects or inaccuracy of the wristwatch;
exposure to electrostatic, magnetic and / or electromagnetic sources, discoloration by exposure to ultraviolet light;
wristwatches handled by persons not authorised by STISS (e.g. while in service or repair) or which has been changed from their original condition outside the control of STISS;
the validity period of the Mastercard payment token;
the shipping costs.

Any further claims, e.g. for damages that go beyond the above-described warranty, are expressly excluded by STISS, apart from mandatory legal rights of the buyer. Repair services or replacement under the warranty do not entitle you to an extension or a new start of the warranty period.

In the event of a warranty case, send the wristwatch by registered mail to STISS, together with this original guarantee-certificate and a short description of the problem.

STISS shall provide warranty either by:

repairing the product free of charge
providing a partial or full replacement with an equivalent product
refunding at current value or, at maximum, at the original sales price at the time of order
providing cost reduction

STISS explicitly excludes warranty for wear parts, batteries, watch glass, as well as for software problems. Otherwise, liability exclusion applies.

All repair costs incurred outside of the warranty shall be borne by the customer. STISS reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all payment wristwatches showing no detectable defects or defects that are not covered by the warranty.

5. STISS contactless payment function / Exclusion of liability / Payment token validity

The payment chip inside the STISS augmented sapphire wristwatch glass contains a dynamic Mastercard payment token, but does not store neither your personal information, nor bank or card information. Neither STISS nor the watch brand will be informed of any payment transactions you have carried out.

A) Mastercard MDES banks & card issuers

The terms of use for the contactless payment function of the STISS augmented wristwatches are finally regulated in the terms and conditions between you and your bank. You have expressly agreed to these conditions during the process of connecting your bank card to the selected wristwatch on our webshop. STISS and the watch brand expressly reject any liability for direct or indirect damage or loss that may occur using the payment function. To avoid security issues, it is important that you always turn off your wristwatch in the banking app before you drop it off for repair, replacement, or other services.

B) MuchBetter smart payment app

The use of the contactless payment function of the STISS augmented wristwatches are regulated in the “General Terms and Conditions of MuchBetter customers”, under point 12 (for customers from Great Britain) and under point 5 (for customers from the European Economic Area EEA) which you expressly accepted when configuring your MuchBetter account. Contrary to the general conditions of the MuchBetter customer under point: 12.1 … UK (5.2.1 … EEA) Your wearable is valid for 5 years…”, the validity of the payment token of your watch is 4 years and under point: “12.3 … UK (5.2.3 … EEA) If your card or wearable is lost, stolen or damaged. The first replacement is issued free of charge.” There is no free replacement for the STISS augmented watch. To avoid security issues, you must deactivate (freeze) your wristwatch in the MuchBetter smart payment app before handing it over for repair, exchange, or other services.

2.1 The assortment presented in the webstore does not represent a binding offer but is only a non-binding invitation to the consumer to order payment wristwatches. By ordering the desired payment wristwatches, the consumer submits a binding offer to conclude a sales contract.

Neither STISS nor the watch brand are liable for any losses that may arise because of your wristwatch was not deactivated by you in advance in your bank app. In addition, in case of loss or theft of your wristwatch, please directly contact your bank or use your banking app to have the wristwatch deleted from your customer account. In this case, do not forget to disable the wristwatch immediately inside the banking app. If you have problems with the payment function of your wristwatch, please always contact your bank first.

You should not contact STISS until your bank confirms that the problem is not related to the banking app or card that you have linked to the wristwatch. This may mean that there is a possible hardware malfunction of the chip.

STISS and the watch brand are not responsible for any payment or transaction dispute that may arise in relation with the use of the wristwatch’s contactless payment function. Please contact your bank or merchant directly to clarify any disputed amounts and costs.

Mastercard payment token validity and renewal

A) Mastercard MDES banks & issuers

Once the customer watch token has been activated, it has a lifetime of 3 (three) years. After the three years, the token will be expired, and you can no longer make contactless payment against it.

B) MuchBetter smart payment app

The watch token has a lifetime of 4+ (four plus) years. After this period, the token will be expired, and you can no longer make contactless payment against it.

To renew the use of payment functionality of your wristwatch you will need to return the watch to STISS for reprovisioning with a new Mastercard payment token.

In that case, you must notify us in advance so that we can agree on the procedure. This procedure process will include the shipping and return costs of the watch, the necessary processing costs and the fees for reprogramming the payment token via our web store by entering your card details again.

Those reprogramming related costs don’t fall under warranty services.

6. Exclusion of liability

Liability for payment wristwatches purchased through the STISS webstore is governed by applicable law. In no event shall STISS be liable, whether in contract or otherwise, for any indirect, direct or consequential damages of any kind, including, without limitation, lost revenues, lost profits and unrealized savings, arising out of or in connection with a sale made through the webstore https://www.shop.stiss.ch. Liability shall only exist in the event of deliberate misconduct or gross negligence on the part of STISS or its agents. Liability is based on the applicable legal provisions. However, in no event shall STISS be liable for

(i) slight negligence,

(ii) indirect and consequential damage and subsequent damage and loss of profit,

(iii) unrealised savings, or

(iv) damage resulting from delivery delay, or

(v) any acts and omissions on the part of auxiliary persons of STISS, be this contractual or non-contractual.

Moreover, STISS is not liable for damage resulting from the following causes:

Storage, setting or use of products that is improper, unlawful or contrary to contract;
Use of incompatible spare parts or accessories;
Failure to maintain and/or improper modification or repair of the wristwatches by our clients or a third party;
Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by STISS or official orders.

The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. postal carrier).

7. Data protection

STISS observes all data protection requirements. The data of the customer are only collected and processed for the execution of the respective purchase offer. For the storage of the data the legal regulations apply. For the rest, STISS refers to its «Privacy Policy».

8. Severability clause

Should any provision of these TCS be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

9. Assignement

You may not transfer, assign, charge or otherwise dispose of any rights or obligations under any contract between you and STISS to any third party without our prior consent.

10. Alternative dispute resolution – code of conduct

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase contracts in which the customer is involved.

However, STISS does not participate in a dispute resolution procedure before a consumer arbitration board. We have not subjected ourselves to any codes of conduct.

11. Applicable law, jurisdiction and contractual language

All legal transactions between the customer and STISS are, as far as legally permissible, subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any intergovernmental agreements shall not apply.

As far as legally permissible, Sion / Switzerland shall be the place of jurisdiction for all legal disputes arising from the legal relationship between the customer and STISS. STISS is also entitled to sue at the customer’s domicile. The contract language is German or French.

12. Copyright, intellectual property and patent rights notice

All rights to these TCS, particulary copyrights, intellectual property, or patent rights, are reserved by STISS. All reproductions, distribution, production, commercialisation, or other use is prohibited except with written permission from STISS.

In the event of breach of this requirement, STISS reserves the right to take legal action.

As soon as you purchase a STISS augmented wristwatch in our webstore www.shop.stiss.ch, you will be asked during the ordering process to confirm that you have read and accepted these binding terms and conditions of sale.

October 2021