CONDITIONS GÉNÉRALES DE VENTES
1. General provisions
1.1 These terms and conditions of sale and delivery apply to the sale and delivery of products offered for E-commerce #WATCHADDICTGVA by:
O. Zbinden, Golyt SA, whose address is located at 17, rue du Mont-Blanc - 1201 Geneva, e-mail address: email@example.com, telephone 022.732.55.05, VAT number: CHE-107.532.190 VAT, our website "#WATCHADDICTGVA" to persons wishing to make "you the customer" purchases on the website selling watch products https://www.watchaddictgva.com (the "Website") to be delivered in Switzerland to Liechtenstein and France on an exceptional basis at the customer's request.
1.2 Please read all these terms and conditions of sale and delivery carefully before ordering a product on the Website.
1.3 By ordering one of our products with payment obligation, you automatically accept the provisions described below. We inform you that in the event of refusal of the terms of sale and delivery, you will not be able to order the items offered on the Website.
2. Your status
2.1 If you order an item from the Website, you warrant that the following conditions are met:
2.1.1 You are entitled to enter into legally binding contracts.
2.1.2 You are at least 18 years old.
2.1.2 You are a natural person acting as a consumer.
3. Purchase and processing of the order
3.1 Ordering a product on the Website is considered as an offer to purchase that product in accordance with these terms and conditions of sale and delivery.
3.2 After placing an order, you will receive an acknowledgement of receipt at your e-mail address stating that we have read your order. This does not mean that your order has been accepted because all orders are subject to the agreement of #WATCHADDICTGVA which reserves, before any acceptance of your order and in order to secure transactions and fight against fraud, the right to ask you:
- or to confirm by telephone certain information relating to your order,
- or to send us proof of identity and/or domicile (photocopy of the identity card and/or photocopy of a proof of domicile less than three (3) months old).
You will then have seven days to send the supporting documents by e-mail or fax in the requested format to the address indicated to you. #WATCGADDDICTGVA is the sole recipient of these credentials and the information contained therein.
3.3 #WATCHADDDICTGVA undertakes to honour orders within the limits of available stocks, it being understood that #WATCHADDDICTGVA reserves the right to limit the number of purchases of products ordered as well as the number of identical copies of a product that can be ordered at once. If all or part of the products ordered are not available, you will be informed by e-mail to the address you indicated when ordering. You will then have the choice of waiting until the product is available again or cancelling the order.
3.4 #WATCADDICTGVA reserves the right to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order, and/or which does not comply with these terms and conditions of sale and delivery, or in the event of refusal or abnormal or abusive returns on your part, if you have not communicated within the period referred to in article 3.2 the requested documents or if the documents or information you have communicated to us do not correspond to the identification elements that you mentioned when ordering.
3.5 We will confirm the acceptance of your order and its delivery deadline by sending you an order confirmation by e-mail to the same address. This confirmation will mark the existence of a contract between #WATCHADDICTGVA and you subject to the provisions of article 4.6. This contract will only cover products that are subject to an order confirmation. Also, it will not apply to other products that may be part of your order, unless they have been the subject of a separate order confirmation. The availability of spare parts required for the use of our products will also be confirmed.
4. Prices and payment
4.1 The price of each product is the one indicated on the Website for the corresponding product, unless there is an obvious error. VAT at the current rate is included in the prices indicated. Any change in the applicable rate may be reflected in the price of the products. Prices are subject to change at any time. However, the applicable prices are those in effect on the day and at the time you confirm your order.
4.2 Delivery charges are not included in the price, unless otherwise stated on the Website. In any event, the contribution to delivery costs, if any, shall be indicated separately. The unit prices and the contribution to delivery costs, if any, will again be indicated separately, in particular on the electronic message confirming the order, as well as the total price. We are not required to deliver a product to you at an incorrect price if the price error is obvious and you could easily have detected that the price indicated was incorrect. If this is the case, we will contact you before the product is delivered.
4.3 Payment can be made with the credit cards described in the ordering process or by PayPal.
4.4 We will confirm the amount to be paid in the order confirmation email. In all cases, the provision of the required information concerning your credit card number, completed, where applicable, by the 3D-Secure code or password requested from you and the final validation of your order will be proof of the completeness of your order and will be worth the sums incurred by entering the products listed on the order form.
4.5 We debit the amount due to your bank account just before the delivery of the products and inform you that we will only deliver the ordered products when we have received full payment. We therefore reserve the right to postpone the delivery date until we have received full payment for the products ordered.
4.6 The Website uses the Stripe online payment security system. All credit card payments are subject to a validity check by the card issuer, which must also authorise the use of the card. The order will only be considered effective after confirmation of the agreement of the bank payment centres. The personal data of the credit card holder that are necessary for these checks can therefore be exchanged with third parties and must be communicated directly by the cardholder on a particular page when ordering to third parties responsible for checking the validity of the payment. If the credit card issuer does not authorize payment for your order, the delay or non-delivery of the order cannot be attributed to us.
5. Shipping & Returns
5.1 We will inform you more precisely of the delivery date by means of a shipping notice sent by e-mail to the address you provided to us during the ordering process.
5.2 The delivery address will correspond to the data you have indicated and that we have included in the email confirming the order. In case of absence at the time of delivery, a notice of passage will be left and you will have to pick up the package at the place and within the time limits specified therein. In the event of exceeding the deadlines, the products will be returned to #WATCHADDICTGVA and it will be your responsibility to contact customer service for a possible reshipment at your expense.
5.3 We only deliver in Switzerland, Liechtenstein and France at the request and at the responsibility of the customer
5.4 For practical reasons, it is sometimes desirable to send certain products of the same order in several instalments (split shipment). If this is the case, it will be mentioned in the shipping notice and no additional delivery charges, if any, will be charged to you.
5.5 If we are unable to meet the delivery deadline referred to in the email confirming your order, without any failure on your part such as failure to pay in full, we will immediately contact you to inform you of the new delivery date. If you refuse the new delivery date or in any event after the original delivery deadline and after having given us notice to deliver within a reasonable additional period of time either by e-mail to firstname.lastname@example.org or by registered letter with acknowledgement of receipt, you may cancel the order by sending us a registered letter with acknowledgement of receipt or an e-mail to the same address. In this case, the purchase price of the corresponding products, including delivery costs, which may have been debited to you, will be refunded within 14 days from the date of your cancellation by re-crediting the account corresponding to the credit/debit card used to place the order.
6. Transfer of risk and ownership
6.1 The product becomes your property as soon as the payment of the purchase price (including delivery costs) has been made in full.
6.2 The transfer of risk takes place with the delivery into your hands. The risks, within the meaning of this provision, are those related to damage to the product or caused by its use, handling or storage. The risks related to the return of a product, for whatever reason, are at your expense.
7. Right of withdrawal and return of products
7.1 You have a right of withdrawal that you can exercise, without having to justify the reason, by informing us and requesting in advance from #WATCHADDDICTGVA customer service by e-mail at: email@example.com or by telephone at the non-taxed number 022.732.55.05, within a maximum period of fourteen days from the receipt of the product concerned or the receipt of the last product covered by your order if it has been delivered in several times. You will need to indicate in your email the order number corresponding to the product concerned that you will find on the email and the invoice you received. We will acknowledge receipt of your email of withdrawal by sending you the return authorization code.
You will have a maximum of fourteen (14) days from the date of receipt of your package to return the product(s) concerned to O.Zbinden - Golyt SA - 17 rue du Mont-Blanc, 1201 Genève accompanied by the delivery note(s).
7.2 If the retraction was carried out within the time limit and under the conditions referred to above or if it was a product that did not comply with your order, and if the product that reaches us has not been worn, used, if it is not damaged, that it is in original condition (case, packaging, uncut or resized rubber strap, original links for metal bracelets delivered with resizing, warranty card, warranty booklet, certificates and instructions intact) and is accompanied by the original completed #WATCHADDICTGGVA return form, we will exchange the product for you, subject to its availability, or refund the price charged or proceed, as indicated in the return form. You are responsible for the cost of returning the product(s).
7.3 Any product returned incomplete, damaged, damaged or soiled will not be taken back.
7.5 If you have requested a refund as part of the exercise of your right of withdrawal, we will refund the invoiced amount within fourteen (14) days of receipt of the product by O. Zbinden - Golyt SA or the proof of their shipment sent to us, the reference date being the first of these facts, by crediting the account corresponding to the credit/debit card or the PayPal account used to place the order.
8. Warranty and availability of spare parts
8.1 Contractual guarantee:
8.1.2 All watches offered for sale on this website are provided with a minimum 24-month international warranty issued by O. Zbinden - Golyt S.A., Switzerland.
The general conditions concerning the guarantee are given in the international guarantee booklet provided with each watch.
8.1.3 The use of the warranty must be made with an authorized retailer of the brand concerned or by returning the product to O. Zbinden - Golyt SA. Rue du Mont-Blanc, 17 - 1201 Geneva.
8.1.4 Any request for the use of the warranty must be accompanied by one of the following documents:
18.104.22.168 an international guarantee certificate with stamp, date and product reference
22.214.171.124.2 the original invoice or original delivery note and a bank or credit card statement.
8.2 Legal warranty:
In any event and independently of the contractual guarantee referred to in Article 8.1 above, you benefit from the legal guarantees of conformity of the goods with the contract and from hidden defects in accordance with the legal provisions referred to below:
8.2.1 The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
To be in conformity with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
9.1 #WATCHADDICTGVA is responsible for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by itself or by other service providers, subject to recourse against them.
9.2 However, #WATCHADDDICTGVA is not liable to you for damages caused by your own act, omission or fault, in case of force majeure or by any third party not related to #WATCHADDICTGVA for the performance of the contract.
9.3 #WATCHADDDICTGVA takes the greatest care in the presentation of the products and their descriptions. However, product photos are presented for illustrative purposes only. Please refer to the description of each product for specific characteristics.
9.4 Consulting and ordering on the Website implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misuse and the risks of contamination by possible viruses circulating on the network.
9.5 #WATCHADDICTGVA cannot be held responsible for any direct or indirect damage resulting from an interruption, malfunction of any kind, for any reason whatsoever, or for any direct or indirect damage resulting, in any way, from a connection to the website. It is the responsibility of every Internet user to take all appropriate measures to protect his own data and/or software stored on his computer equipment against any breach. The connection of any person to the site is under his sole responsibility.
10. Ownership rights and Authorization to use
10.1 #WATCHADDICTGVA online sales site is the owner of intellectual or industrial property rights (e.g. trademark rights, photo rights, registered design rights and design rights) to all information, software, documentation, data, data structures, services, logos, trademarks, designs, texts, video files, audio files, images and other content (hereinafter referred to as "content") published on or used in connection with the Web Site. The absence of any mention of ownership rights does not mean, however, that the elements of the Website are not covered by any right of #WATCHADDICTGVA
10.2 The contents of the website may only be downloaded, displayed and/or printed for private and non-commercial purposes and only under the conditions, insofar as and as long as:
- the total or partial reproduction of the Website is strictly prohibited;
- The documents or graphics associated with them on the Website are not modified, decomposed or translated;
- The graphics of the Website are not used without the accompanying texts;
- All references of any kind, relating to copyright or other rights, which are linked to content downloaded by the user, are maintained and reproduced by the latter;
- The source code or structure of the representations and/or contents and/or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the operation and use of the Website; and/or
- The contents are not used to manufacture derivative products.
11 Links to and from other websites
11.1 Hyperlinks from the Website to websites owned by third parties may exist. These other sites are not under the control of #WATCHADDICTGVA and you acknowledge that #WATCHADDICTGVA is not responsible for the accuracy, compliance with intellectual or industrial property rights, legality, or any content of these sites.
11.2 The creation of hyperlinks to the #WATCHADDICTGVA Website is authorized only for private and non-commercial purposes. In this context, hyperlinks such as "Deep Linking", "Framing", "In-Line Linking" and any type of integration of all or part of the #WATCHADDICTGVA Website into third party websites are prohibited. #WATCHADDICTGVA declines all responsibility in the event of a breach of these conditions and more generally with regard to any third party site that may link to the website.
11.3 In any case, any link to the website must be removed upon request by #WATCHADDICTGVA
12.1 These conditions apply throughout the duration of the online sale of products offered for sale by #WATCHADDICTGVA on the website. They are subject to change. The applicable conditions are those in effect on the day and at the time you confirm your order.
13.1 Transfer of rights and charges:
The contract between #WATCHADDDICTGVA and you is binding and binds us and our respective assigns. You may not transfer, assign, encumber or otherwise dispose of the right to deliver the products ordered and defined in this contract without our prior written consent.
If one of the provisions of these terms and conditions of sale is considered illegal or unenforceable by a court decision, the other provisions remain in force and applicable.
13.3 Electronic communication:
By browsing our website, you agree that communication - in accordance with current legislation - may be carried out electronically. The computerized records, kept in the computer systems of #WATCHADDICTGVA and its service providers under reasonable security conditions will be considered as proof of orders, communications and payments made between #WATCHADDICTGVA and you. The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy
13.4 Contact address #WATCHADDDICTGVA :
To contact our company, send us a letter to O. Zbinden - Golyt SA. 17, rue du Mont-Blanc . 1201 Geneva or by e-mail to firstname.lastname@example.org
You can also call us at the following telephone number for any questions regarding your orders and deliveries (Monday to Saturday, 9:00 am to 5:00 pm at 078.613.11.85
13.5 Jurisdiction and applicable law: These terms and conditions of sale and delivery are governed by Swiss law. The competent court shall be the competent court under Swiss law.
13.6 If the customer wishes to be delivered in France, the reception of the goods and the possible return is the sole responsibility of the customer