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 ”, “we”, “us”).
Watches of Switzerland 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.
Deliveries shall only be made to addresses in Switzerland.
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 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 been 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.
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 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.
Delivery
When purchasing products and services from Watches of Switzerland, customers may choose from all the delivery options shown during the ordering process in the online shop.
Delivery Time
Watches of Switzerland continually updates its delivery times in the online shop in order to provide as precise an overview as possible. However, The “Delivery Date” indicated in the offer or in the order confirmation is estimated, and is not guaranteed and may change at any time. Claims for damages due to delayed deliveries are hereby excluded.
Delayed Delivery
The client will be informed without delay and kept up to date in the event of delivery delays.
- Online purchase of “In-Stock” items: If a delivery from Watches of Switzerland is delayed, the customer shall be entitled to withdraw from the contract anytime after the originally indicated delivery date, by contacting our customer service by telephone or e-mail. In such cases, Watches of Switzerland shall refund the customer any amounts already paid, without interest. Any further claims against Watches of Switzerland shall be excluded.
- Online pre-order items with “Delivery time” in the future: In the event of delivery delays from Watches of Switzerland after the indicated delivery date, the client may rescind the contract anytime by contacting our customer service by telephone or e-mail. In this case, Watches of Switzerland will refund the client any advance payments that have already been made. No further claims may be brought against Watches of Switzerland.
Fail to accept the ordered products
Should the customer fail to accept the ordered products on the agreed or indicated delivery date, Watches of Switzerland may terminate (cancel) the contract and bill the customer for the shipping costs and any other losses.
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 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.
Warranty & repairs
Warranty
For the two years following delivery, Watches of Switzerland 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 may provide such services in the form of:
- Free repairs (original warranty period shall continue for the entire product);
- Partial or full replacement with a product that has been repaired/used to an equal extent (for replacements in the first year of the warranty, the original warranty period shall continue; for replacements in the second year, the warranty period shall be 1 year from the time of the replacement);
- Replacement with a new product by Watches of Switzerland (new warranty period of 2 years from the time of replacement);
- Credit equal to the current market value (not exceeding the sale price at the time of the order);
- Or price reduction.
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, the latter shall also acknowledge the customer’s rights under this warranty.
While it is checking the warranty claim, Watches of Switzerland 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 has approved the warranty claim. Should a warranty claim be rejected by Watches of Switzerland, 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 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 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) unrealized savings, (iv) damages due to delay in delivery and (v) any acts or omissions by agents of Watches of Switzerland.
Furthermore, Watches of Switzerland accepts no liability for damage that is due to one of the following causes:
- Storage, configuration or use of the products that is improper, unlawful or contrary to the terms of the contract;
- Use of incompatible replacement parts or accessories;
- Lack of maintenance and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular damage due to natural causes, moisture, falls or impact not attributable to Watches of Switzerland, and official orders.
Payment
Payment options
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 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 , 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 is entitled to cancel the order.
Effective Period of Payment
Payment must be made at the time of online purchase, and the total amount of the order will be charged immediately upon completion of the online order, independent of the delivery date of the purchased item.
Late payment
Should the customer fail to fulfill their payment obligations in full or in part, all open orders for which amounts are owed by the customer to Watches of Switzerland under any title shall be due immediately; Watches of Switzerland 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 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 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 until payment has been received in full. Watches of Switzerland 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.
Modification or cancellation of orders
An online order can be canceled by the customer anytime before the shipping process has started by contacting customer service. Once the shipping process has started and a tracking number has been issued, orders can no longer be changed or canceled. Nevertheless, once received, the products may subsequently be returned for a refund according to the applicable return conditions. Any further claims are excluded.
Should it become apparent following 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 by Watches of Switzerland. If the customer has already paid, they will be refunded the amount in question. Further claims due to delivery delays or non-delivery are excluded.
Returning non-faulty goods
Watches of Switzerland 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 will refund the full purchase price, with the exception of any transport costs (if the free return label is not used as indicated).
The customer is responsible for selecting an appropriate shipping method when returning goods (insurance cover). The return label supplied with the delivery fulfills 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.
Data protection
The privacy policy published under Privacy Policy is an integral part of these T&Cs. By accepting these T&Cs, the customer also declares that they accept the terms of the privacy policy.
Partial invalidity
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 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 and a customer shall be settled exclusively by the ordinary courts of Lucerne(1), unless any other mandatory places of jurisdiction should apply.
Watches of Switzerland GmbH- T&C’s, last updated July 2022
