Standard terms of business of Watches of Switzerland
Scope of validity
These general terms and conditions (hereinafter referred to as “T&Cs”) apply to all legal transactions conducted via the online shop of Watches of Switzerland GmbH(hereinafter referred to as “online shop”).
The online shop is operated by Watches of Switzerland GmbH(hereinafter referred to as “Watches of Switzerland GmbH”, “we”, “us”).
Watches of Switzerland GmbH reserves the right to modify these T&Cs at any time. The applicable version of these T&Cs shall be the one that is available online at the time of the order
The sale of products and services in the online shop (hereinafter referred to as “sale”) is intended exclusively for customers with a residential or business address in Switzerland or Liechtenstein.
Deliveries shall only be made to addresses in Switzerland and Liechtenstein.
By placing an order, customers confirm that they are entitled to conclude legally binding contracts and are at least 18 years of age.
Conditions of sale and delivery
Ordering process and conclusion of a contract
When a customer orders a product in the online shop, this represents a binding offer to purchase the product according to the provisions of these T&Cs.
Once we have received an order, we will send confirmation of receipt to the customer and check the order. A contract is agreed between the customer and Watches of Switzerland GmbH once the latter has sent a separate order confirmation.
If a product that has been ordered is not available, we will inform the customer and their order will be deemed cancelled. Any payments that have already made in such cases will be refunded. In the event that the order is cancelled, the customer has no further claims against
Watches of Switzerland GmbH.
Orders may be rejected without any reason being given.
Product and price information
The details and illustrations provided for products in the online shop are subject to change and are non-binding. Product information will be published in the online shop in the most customer-friendly manner possible. However, this information is not binding. The information supplied by the manufacturer (e.g. manufacturer’s warranty) shall be decisive insofar as it is valid for Switzerland.
The sales prices published in the online shop are displayed in Swiss francs, including VAT and postage and packaging costs.
Watches of Switzerland GmbH reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order shall be decisive.
Watches of Switzerland GmbH continually updates its delivery times in the online shop in order to provide as precise an overview as possible. However, delivery times are not guaranteed and may change at any time. Claims for damages due to delayed deliveries are hereby excluded.
When purchasing products and services from Watches of Switzerland GmbH, customers may choose from all the delivery or pick-up options shown during the ordering process in the online shop.
Once the order has been received, the customer will be contacted and an individual delivery date agreed.
If a delivery from Watches of Switzerland GmbH is delayed, the customer shall be entitled to withdraw from the contract following the 30th calendar day after the originally indicated delivery date. In such cases, Watches of Switzerland GmbH shall refund the customer any amounts already paid, without interest. Any further claims against Watches of Switzerland GmbH shall be excluded.
Should the customer fail to accept the ordered products on the agreed or indicated delivery date, Watches of Switzerland GmbH may terminate (cancel) the contract and bill the customer for the shipping costs and any other losses.
Should the customer fail to collect the ordered products from the specified branch (in-store collection) within 30 calendar days of the products becoming available for collection at said branch, Watches of Switzerland GmbH may cancel the contract and bill the customer for any losses incurred.
Duty to inspect
The customer must immediately check their delivered or collected orders to ensure that they are correct, complete and undamaged.
Damage caused during delivery or incorrect/incomplete deliveries must be reported to Watches of Switzerland GmbH immediately and no later than within 3 calendar days following collection or delivery of the order. The customer may not use such products. They must be packed as received in their original packaging and handled according to the instructions given by Watches of Switzerland GmbH.
Warranty & repairs
For the two years following delivery or in-store collection, Watches of Switzerland GmbH undertakes to guarantee that the product ordered is free of defects and functions correctly. The warranty period shall continue regardless of any warranty services rendered.
Watches of Switzerland GmbH may provide such services in the form of:
Wear parts such as batteries and watch straps are excluded from this warranty.
Should the scope of the manufacturer’s warranty extend further than that offered by Watches of Switzerland GmbH, the latter shall also acknowledge the customer’s rights under this warranty.
While it is checking the warranty claim, Watches of Switzerland GmbH may, at its own discretion, provide the customer with a replacement product (conditional exchange). This shall be done under the condition (precedent) that a warranty case does indeed exist. The customer shall not have ownership of the replacement product until Watches of Switzerland GmbH has approved the warranty claim. Should a warranty claim be rejected by Watches of Switzerland GmbH, the replacement product may be sold to the customer for the value of the goods at the time the replacement was issued. Otherwise, the customer shall be obligated to return the replacement product at their own cost.
The customer’s statutory warranty rights shall be unaffected by this warranty.
Repairs not covered by warranty
The customer shall bear the costs of any repairs that are not covered by the warranty. In the case of products with no discernible defects or whose defects do not fall under the warranty, Watches of Switzerland GmbH reserves the right to bill the customer for the costs of inspecting the claimed damage and any shipping costs.
Liability and disclaimer
Liability is in accordance with the applicable legal provisions. Watches of Switzerland GmbH shall not be liable for contractual or non-contractual damage claims in cases of (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealised savings, (iv) damages due to delay in delivery and (v) any acts or omissions by agents of Watches of Switzerland GmbH.
Furthermore, Watches of Switzerland GmbH accepts no liability for damage that is due to one of the following causes:
Payment must be made in Swiss francs.
The customer may choose from the payment methods offered in the online shop under “Payment options”.
When paying with a credit card or other instant payment method, the customer’s account shall be charged at the time of the order. Credit card payments are subject to the validity checks and approvals undertaken by the card issuer. Watches of Switzerland GmbH is authorised to collect the personal data from customers that is required for these checks and pass it on to third parties. Should the card issuer reject the payment to Watches of Switzerland GmbH, we shall assume no liability for any delivery delays or non-delivery. If payment still has not been made after 30 days following receipt of the order, Watches of Switzerland GmbH is entitled to cancel the order.
For advance payments, the order confirmation will only be sent by Watches of Switzerland GmbH following receipt of payment.
Should the customer fail to fulfil their payment obligations in full or in part, all open orders for which amounts are owed by the customer to Watches of Switzerland GmbH under any title shall be due immediately (for advance payments, within 8 days following the first payment reminder); Watches of Switzerland GmbH may request these amounts immediately and discontinue any further deliveries of products to the customer.
Furthermore, the customer shall, upon expiry of the payment term set forth, be in default without any additional reminder and shall be required to pay default interest at a rate of 5% p.a. Watches of Switzerland GmbH is further entitled to charge a reminder fee of up to CHF 10 per payment reminder, and to bill the customer for other costs, in particular the costs of any collection procedures. The customer agrees that Watches of Switzerland GmbH may pass customer data on to an external collection agency for the purpose of collecting any outstanding debts.
Retention of title
Products that have been ordered shall remain the property of Watches of Switzerland GmbH until payment has been received in full. Watches of Switzerland GmbH is entitled to make a corresponding entry in the Swiss registry of retention of title. For the duration of the retention of title, the customer may not pledge the goods, use them as security, process them or rework them without the explicit permission of Watches of Switzerland GmbH.
Modification or cancellation of orders
Once a customer has placed an order, they undertake to accept the products and services. Watches of Switzerland GmbH may at its own discretion allow customers to make subsequent amendments to orders or to cancel them, and may charge an administrative fee of 20% of the cancelled order value or CHF 60, whichever is greater, as well as billing the customer for any loss in value of the cancelled products since the order was made.
Should it become apparent following an order or conclusion of a contract that delivery will not be possible or will only be possible in part (condition subsequent), the customer shall be informed immediately via email. If the customer has already paid, they will be refunded the amount in question. If the customer has not yet paid, they will no longer be required to fulfil their payment obligation. Further claims due to delivery delays or non-delivery are excluded.
Returning non-faulty goods
Watches of Switzerland GmbH grants customers the right to return purchased products within a maximum of 14 calendar days following delivery or collection, as long as the product is unused, unworn and in the same condition as when it was received by the customer.
Products must be properly packed in their original condition (in particular, seal labels and protective films must not be removed), along with any accessories and the warranty card, in their original packaging. Damaged products or products with the protective film and/or seal label removed will not be accepted and the customer shall be invoiced in full for such products.
Should the customer make use of their right to return goods in accordance with the above-mentioned conditions, Watches of Switzerland GmbH will refund the full purchase price, with the exception of any transport costs.
The customer is responsible for selecting an appropriate shipping method when returning goods
(insurance cover). The return label supplied with the delivery fulfils all the requirements for insurance procedures. This label must be used when returning goods. If you have ordered more than one product and these have been delivered in separate packages, they may not be returned in a single package but must be sent back separately in the same manner as the delivery in order to be covered by the insurance policy.
Should individual provisions of these T&Cs be invalid or ineffective, this shall have no impact on the effectiveness of the remaining provisions and of these T&Cs in general. The invalid or ineffective provision shall be replaced by a valid provision that comes as close as possible to the intention and purpose of the invalid or ineffective provision.
Place of jurisdiction and applicable law
All legal relationships between Watches of Switzerland GmbH and the customer shall be exclusively governed by Swiss substantive law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention) and its amendments and additions.
All disputes arising from or in connection with the legal relationship between Watches of Switzerland GmbH and a customer shall be settled exclusively by the ordinary courts of Zurich (1), unless any other mandatory places of jurisdiction should apply.
Watches of Switzerland GmbH- T&C’s, last updated May 2022