1.1 The business relationship between Watch Spare SARL, Rue des Alpes 15, 1201 Geneva, Switzerland, a company organized under the Laws of Switzerland (CHE-337.036.264) and the customer for transactions in the Swiss online store (www.watch-spare.com) is subject to the following general terms and conditions in whichever version is valid at the time of each order.
1.2 Via links in the online store, the customer can retrieve the GTC during the order process, view them and/or save them on their computer. It is the customer’s responsibility, and is recommended by the seller, to print the GTC.
1.3 The range of products in the online store is aimed at commercial customers and private customers over the age of 18. Excluded are all-natural persons who conclude a contract for the purpose of meeting their private and/or family, commercial needs.
1.4 Deviating contractual terms, including any that the customer declares as applicable when accepting the contract, are valid only if and to the extent that they have been expressly accepted in writing by the seller.
1.5 The seller reserves the right to change these GTC at any time.
Watch Spare SARL
Rue des Alpes 15
Tel: +41 22 900 15 25
Email: [email protected]
3.1 The online store merely represents an invitation to the customer to make offers to conclude a purchase agreement for the presented goods.
3.2 A binding order is triggered only when the customer has entered all the data required for execution of the contract, has confirmed acceptance of these GTC and has clicked the “Place order” button. Before clicking this button, the customer can select products from the seller’s range without commitment and place them in the shopping cart by clicking the button “Add to cart”. The customer can enter and change the order details via the button “Proceed to Checkout” before submitting the order. Submission of the order constitutes an offer by the customer to the seller to conclude a contract.
3.3 After submitting the order, the customer will receive an order acknowledgement automatically by email, confirming the details of its order. This automated confirmation of order receipt does not yet constitute acceptance of the offer; it merely documents that the seller has received the order.
3.4 It is at the seller’s discretion whether to accept the order. The seller is not obliged to conclude a contract merely because an order has been placed. An order can be cancelled or refused in particular if a breach of these GTC has occurred or is suspected. This is the case, for example, if a customer has not paid for a previous order or if the credit card balance for a previous order was found to be insufficient. Cancellation of an order and refusal of future orders are also possible if the returns rate for a customer is suspiciously high and does not improve despite notification to the customer. Orders may also be cancelled if there are grounds to suspect that the customer is a commercial buyer and it is unable to refute this suspicion. In such case, future orders may be refused if it is found that a customer is (or has been) reselling the ordered goods commercially. The customer will be informed of the cancellation or refusal by email in each case.
3.5 The contract comes into existence only on a declaration by the seller that they accept it. The seller is entitled, but not obliged, to accept the customer’s order within seven (7) days of its receipt. Acceptance is declared by means of an order confirmation from the seller.
3.6 The above also applies if the customer, due to the selected payment method, pays (or authorizes payment) for the goods before conclusion of the contract. If the contract fails to come into existence for any reason in such case, the seller will inform the customer thereof after checking the order and will refund the payment already made. If the contract comes into existence for at least some of the ordered goods, the customer will be informed thereof together with the declaration of acceptance; i.e. the email containing the invoice and order confirmation. In such cases, a refund will be given for those goods that could not be delivered.
3.7 If the order is for more than one product, the contract will come into existence only for those products that are expressly specified in the email containing the invoice and order confirmation.
3.8 The value per order of any type may not exceed CHF 10’000 (gross value of goods including VAT and excluding any other charges).
3.9 Registered customers can view the status of their order in their personal customer area.
4.1 All prices specified in the online store include the applicable statutory VAT. The seller will inform the customer of any shipping costs and additional charges (e.g. for an express order, gift wrapping) in the order form immediately before submission of the order.
4.2 The seller reserves the right to change the prices of the offered products at any time. The price shown at the time that the order is submitted shall apply.
4.3 Unless agreed otherwise, the goods will be delivered to the delivery address specified by the customer. The seller will inform the customer of the delivery time during the order process and/or in the email containing the invoice and order confirmation. Unless specified otherwise, standard delivery takes up to twenty (20) working days from receipt of the email containing the invoice and order confirmation. An exemption is made for Brazil, Russia and China as the delivery may take more time than indicated above. More detailed information about the shipping options, the assigned freight forwarders and the delivery process can be found on the information pages of the online store.
4.4 After receipt of the email containing the invoice and order confirmation, the customer is obliged to accept the goods. Change requests or cancellations can no longer be considered after that point, or will be considered only at the seller’s discretion. The right of return is reserved in accordance with Section 6 below.
4.5 On delivery to the address specified by the customer, any apparent differences in quantity must be reported to the transport company immediately on receipt of the goods, and any hidden differences in quantity must be reported to the seller in writing within five (5) days of receipt of the goods.
5.1 Pictures of goods in the online store are provided for illustrative purposes only and are non-binding. The same applies to details about the individual products as they are provided for informational purposes only. Relevant is solely information provided by the manufacturer (e.g. relating to the manufacturer’s warranty), provided that they are applicable in Switzerland. We reserve the right to change the goods presented in the online store at any time and without notice, and to limit the quantity that may be bought by a customer.
5.2 No representation is made for any information published in the online store related to availability and delivery times.
5.3 If the seller is not able to deliver on time through no fault of its own (e.g. goods not available due to force majeure), the seller will inform the customer immediately and, if applicable, provide a new expected delivery time. If the new delivery time is not acceptable to the customer, or if the goods are also within the new delivery period not anymore available, entirely or in part, then both contracting parties shall be entitled to withdraw from the contract for the affected goods; in such case, the seller will refund immediately any amounts already paid by the customer for the unavailable goods.
5.4 Goods are available while stocks last. In exceptional cases, errors may occur or corrections may be necessary, in particular if the same goods are ordered by several customers at the same time. The seller assumes no liability for a lack of stock or for unavailability of goods.
5.5 Deviating contractual terms, including any that the customer declares as applicable when accepting the contract, are valid only if and to the extent that they have been expressly accepted in writing by the seller.
5.6 In the event that some of the ordered goods are out of stock, the seller reserves the right to make partial deliveries. If, after conclusion of the contract, it is found that some or all of the ordered goods cannot be delivered through no fault of the seller, then the customer is entitled to withdraw from the contract.
6.2 A return must take place within 14 calendar days from the day of receipt of the ordered goods by the customer from the transport company. The customer is advised, but not obliged, to notify the seller’s customer service department before returning the goods. Also, in such case, the date on which the goods to be returned were handed over to the carrier is relevant for a decision on whether the return period was observed.
6.3 Goods that are not prefabricated and the production of which requires an individual selection or decision by the customer, or which have clearly been customized to the personal preferences of the customer are excluded from the right of return (but not from the warranty). This also applies in the case of personalized engravings or changes to the goods, for example.
6.4 Returns must be sent to the following address:
Watch Spare SARL
Rue des Alpes 15
6.5 The goods must be returned in new and unused condition, in their original packaging with all protective material, labels and stickers attached, and with any accessories or replacement parts included in the delivery. If the goods are not returned in accordance with these requirements, then the seller is entitled to deduct the value of the unreturned objects from the refund due to the customer. An amount will also be deducted if the goods are damaged during return transport for reasons attributable to the customer.
6.6 The seller will cover the cost of return of the goods if the customer uses the transport company’s pre-paid returns label included in the delivery. Otherwise, the customer shall bear the direct costs of return of the goods and insurance of the package, and shall be liable for its contents.
6.7 The pre-paid returns label must also be used for insurance and liability-related reasons. If the customer does not use the pre-paid returns label, it is liable for the full value of the returned goods. In such case, the seller will not be responsible for loss or damage, delivery to the wrong address, or delays in delivery when the goods are returned. If the returns label is not used, the customer is responsible for taking out transport insurance for the goods.
6.8 The price paid will be refunded to the customer (minus additional charges and delivery costs). The refund will be made using the same payment method that the customer used for the order, unless expressly agreed otherwise with the customer. For returns, the seller will provide only a refund; goods cannot be exchanged.
6.9 The refund will be made only after the seller has received the returned goods and has subjected them to a quality inspection.
Until the delivered goods have been paid for in full (final and unconditional transfer of the total invoice amount), the seller will retain ownership of the goods. For customers based in Switzerland, the seller is entitled to enter the retention of title in the relevant registry.
8.1 For orders in the online store, the customer can choose from the payment methods offered.
8.2 The seller accepts payment by credit card (Visa, Mastercard, American Express), PayPal and pre-payment (bank transfer).
8.3 All credit card holders are subject to validity checks and approval by the card issuer. If the card issuer refuses to approve the payment, please contact them directly to resolve the problem. The seller is not liable for delays or non-delivery.
8.5 If you place an order and select bank transfer as the payment method, the seller will start processing your order only after your payment has been received. If no payment is received within three (3) business days after you have placed your order, your order will be cancelled.
8.6 The seller does not apply any fees for payments by bank transfer, but please be aware that some financial institutions charge a fee for bank transfers. Bank transfers are only considered confirmed once you have received an order confirmation by email.
The seller reserves the right to assign or pledge to third parties the receivables due from the customer for the delivered goods, including any instalments, late payment interest and reminder fees.
10.1 The seller has a duty to send, which is fulfilled on handing over of the goods to the transport company. The risk of accidental impairment or accidental loss of the goods will transfer to the customer on dispatch. The seller is not responsible for any culpability on the part of the assigned transport company.
10.2 If the contracting parties agree that the seller will bear the shipping costs as an exception, this shall not affect the transfer of risk.
11.1 Customary or technically unavoidable material-related deviations in the quality, color, size, equipment or design of the goods shall not constitute a defect.
11.2 The customer is obliged to examine the delivered goods as soon as is feasible within the ordinary course of business and notify the seller’s customer service department immediately if any defects are discovered. If the customer fails to do so, the goods will be deemed to have been accepted. In any case, the goods will be deemed to have been accepted if the customer does not send a complaint to the customer service department by email within eight (8) days of delivery.
11.3 Defects that were not identifiable despite inspection of the goods in accordance with the previous paragraph must be reported to the customer service department immediately on discovery; otherwise, the ordered goods will be deemed as accepted.
11.4 The customer must notify the customer service department before returning the goods. This notification may be sent together with the complaint. The customer service department will notify the customer of the further course of action. The cost of returning the goods will be borne by the customer. Goods returned by the customer will become the property of the seller again if the warranty is honored by means of a replacement delivery.
11.5 The seller’s warranty takes the form of remedial action for any defects. The seller can choose to complete this remedial action either by removal of the defect (repair) or delivery of a new item free from defects (replacement delivery). If neither repair nor replacement is possible, then the seller agrees to cancel the purchase (Art. 205 OR).
11.6 If the remedial action is unsuccessful, the customer is entitled to withdraw from the contract. This shall not apply in the case of minor defects. The customer shall have no right to a reduction in price. This exclusion of liability applies to all claims that conflict with the warranty rights, whether they relate to contract (Art. 97 and seq. OR), tort (Art. 41 and seq. OR) or rescission of the contract on grounds of error (Art. 23 and seq. OR).
11.7 The seller will not be required to honor its warranty obligations if the customer or a third party, without the prior consent of the seller, does not observe the operating or maintenance instructions for the goods, makes changes, swaps components, or uses consumables that do not conform to the original specifications. The same applies to defects that are attributable to inappropriate use, storage and handling of the goods, external tampering, or opening of the goods. No warranty is provided for normal wear and tear, for consumables, for accessories or for batteries/chargers included in the delivery.
11.8 The customer receives no guarantees within the meaning of the law. Manufacturer’s warranties are not affected. The seller assumes no liability for descriptions provided by third parties, particularly other customers within the context of customer reviews published, for example, in the online store or on our social media pages.
11.9 The above limitations and deadline reductions do not apply to claims relating to losses incurred by the seller, its legal representatives or agents:
– In the case of death, personal injury or impairment of health
– In the case of intent, gross negligence or bad faith
– As part of a warranty promise, if agreed
– If the scope of application is subject to product liability law
12.1 If the delivered goods show signs of being damaged in transit, the customer must report this immediately to the transport company and contact the seller as soon as possible.
12.2 Failure to make a complaint or establish contact will in no way affect the customer’s statutory entitlements and the enforcement thereof, in particular its warranty rights. However, the customer assists, with its notification, the seller to assert its own claims towards the transport company and the transport insurance provider.
13.1 The seller assumes no liability whatsoever for slight negligence, Liability for the actions of its auxiliary staff is entirely excluded.
13.2 In particular, the seller assumes no liability for losses attributable to one of the following causes: (i) Improper, unlawful or contractually non-compliant storage, configuration or use of the goods, (ii) use of incompatible replacement parts or accessories, (iii) neglected maintenance and/or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in particular damage caused by natural hazards, moisture, fall or impact, etc. for which the seller is not responsible, and official regulations.
15.1 Swiss law applies exclusively. The United Nations Convention on Contracts for the International Sales of Goods (CISG) does not apply.
15.2 The competent courts in Geneva, Switzerland shall have exclusive jurisdiction over all disputes arising from or in connection with these GTC.