GENERAL TERMS AND CONDITIONS
1. Scope of application
These General Terms and Conditions of Sale ("General Terms and Conditions" or "GTC") apply to all activities provided by DENA Watch Sàrl (hereinafter the "Company") (IDE: CHE-222.859.730), a company located at Route de Delémont 1, 2842 Rossemaison, Switzerland.
The Company sells watches worldwide. We offer a wide range of watches, reasonable delivery knowing that each watch is made for each customer and an excellent advice and support service. These Terms and Conditions apply to all sales made by the Company, whether through the Company's website, through retailers, through sales made by telephone, by email, by oral statement or by any other means.
By accessing and using the Company's website, in particular by purchasing the Company's products, the customer acknowledges that he/she is bound by these General Terms and Conditions, which he/she declares to have read and understood. The Company reserves the right, at its sole discretion, to amend these General Terms and Conditions at any time. It is the customer's responsibility to consult them regularly to keep abreast of any changes. The Conditions applicable at the time the contract is concluded by the customer shall apply, unless the customer has expressly accepted other provisions in writing.
2. Conclusion of the contract
The contract is concluded when the customer accepts the Company's offer to purchase the Company's products. In all cases, the contract is concluded when the customer accepts the services offered by the Company and/or orders products on the Company's website or purchases its products directly.
3. Prices
Unless otherwise agreed, all prices are quoted in Swiss francs ex works in CHF only. All prices quoted do not include additional amounts for Value Added Tax (VAT). The customer bears the VAT rate applicable according to the country concerned. Prices do not include any additional taxes that may apply. Prices do not include postage and packing. The Company reserves the right to change its prices at any time. The prices shown on the Company's website apply at the time the contract is concluded.
4. Payment
The company only accepts payment by bank transfer. The customer undertakes to pay the 50% deposit for validation of the contract within 7 days of the date of issue of the invoice. The balance of 50% is also due 7 days from the date of notification of delivery of the watch. The Company reserves the right not to carry out a delivery or service in the event of late payment.
5. Obligations of the Company
5.1. Delivery / Delivery date
The delivery date is established in each sales contract with the customer.
Only watches sold directly to the customer are delivered free of charge by hand once the meeting point has been determined.
The customer may be invited to Switzerland for the delivery of his watch, including the economy class flight, a night in a 3-star hotel and a meal in the company of the owner of the Company.
If timely delivery is not possible, the Customer will be informed of the new delivery date or the availability of the product within 5 (five) working days following the order. The Company will endeavor to offer an alternative. If the Company, its suppliers or appointed third parties are unable to fulfil their obligations within the agreed timeframe due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche, bad weather, storm, tempest, war, political or social unrest, civil war, revolution or insurrection, terrorism, sabotage, strike or nuclear accident or damage to nuclear reactors or when the product is no longer available from the supplier, then the Company is released from the obligation to perform its service during these cases of force majeure and for an appropriate period of time following the end of these events. If the case of force majeure lasts for more than 30 (thirty) days, the Company is entitled to withdraw from the contract. The Company must then refund in full any sums already paid by the client. All other claims, in particular those relating to claims for damages resulting from force majeure, are excluded. Unless otherwise agreed, the place of performance is the Company's registered office. The service provided by the Company is deemed to have been performed when the products have been delivered.
5.2. Auxiliaries
The Company expressly reserves the right to engage auxiliaries to perform its contractual obligations.
6. After-sales service (customer service)
At any request from the customer concerning a defect recognized by both parties, the Company will organize, at its own expense, the collection of the watch from the customer's premises or from a designated collection point. The defect will be immediately analyzed by the Company within 7 (seven) days. A report will be drawn up on the nature of the defect and any repair costs. Repair costs must be paid before the watch is returned to its owner. The carriage costs will not be covered by the Company if a serious fault has been recognized by both parties following the watch repair report.
7. Warranty
The legal provisions concerning guarantees apply. The duration of the above-mentioned warranties is 24 (twenty-four) months. Any defects must be reported to the Company immediately. The Company will then decide whether the defective product should be repaired or replaced. The customer has no claim to a reduction or reimbursement of the purchase price if repair is not possible. The customer may not request a replacement product during the repair period. The warranty period restarts for the repaired part and continues to run according to the original warranty period for the other parts.
8. Liability
Any liability for indirect damage or consequential damage is excluded. Liability for direct damage is limited to the purchase price of the watch/service. This limitation of liability shall not apply in the event of intent or gross negligence. The Customer must inform the Company immediately of any damage. Any liability of vicarious agents is excluded to the extent permitted by law.
9. Intellectual property rights
The Company holds all rights to the products and services it offers. Neither these General Terms and Conditions nor the individual agreements relating to them deal with the assignment of intellectual property rights, unless this is expressly provided for. Furthermore, any re-use, publication or dissemination of information, images, texts or any other elements that the customer receives in connection with these provisions is excluded, unless expressly authorized by the Company. The customer must ensure that he/she does not infringe any third-party intellectual property rights when using content, images, texts or figurative elements in connection with the Company.
10. Data protection
The Company must process and use the data collected when the contract is concluded in order to fulfil its contractual obligations. The Company shall take all necessary measures to ensure data protection in accordance with legal provisions. The customer accepts that his or her data will be stored and used in accordance with the contract and is aware that the Company may disclose his or her data or that of third parties if ordered to do so by a court or an authority. Unless expressly excluded by the customer, the Company is entitled to use the customer's data for marketing purposes. The data required to provide the service may be transferred to service partners commissioned by the Company and to other third parties. Data protection legislation applies.
11. Entire
These General Terms and Conditions replace any previous agreements or provisions. Only the provisions of individual contracts which specify these General Terms and Conditions take precedence over them.
12. Severability clause
The validity of these General Terms and Conditions will not be affected if one of its provisions or one of its appendices is or should be declared null and void. In this case, the void or invalid provision will be replaced by a valid provision that comes close to the purpose of the void or invalid provision. The same applies in the event of any contractual loophole.
13. Confidentiality
The customer, the Company and their auxiliaries undertake to keep secret all information exchanged or acquired in the course of the services provided. The obligation of confidentiality shall continue even after termination of the contract.
14. Applicable law / Place of jurisdiction
These General Terms and Conditions are governed by Swiss law. The courts located at the Company's registered office have jurisdiction to settle any dispute between the parties, unless mandatory legal provisions stipulate otherwise. The Company is free to bring legal proceedings at the defendant's registered office/domicile. The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
Rossemaison, January 2024