GENERAL TERMS AND CONDITIONS OF SALE
TABLE OF CONTENTS
- Conditions for placing an order
- Phases in the conclusion of the contract
- Reservation of ownership
- Price policy
- Availability and dispatch times
- Conditions of delivery and carriage and packaging costs
- Methods of payment
- Return and exchange policy
- Legal information
These General Terms and Conditions of Sale define the contractual relationship:
Route des Monts de Lavaux 345, CH 1090 La Croix, entered in the Register of Commerce of Vaud canton under number CH-109.392.600,
referred to below as « We »;
for the account of www.watchprint.com, online bookshop of Watchprint.com Sàrl,
referred to below as the «Site»;
PARTY OF THE FIRST PART;
Any natural or legal person visiting, or making a purchase on the site, on his own behalf or for a third party,
referred to below as «You»;
PARTY OF THE SECOND PART
ARTICLE 1. CONDITIONS FOR PLACING AN ORDER
1-1 Any person who places an order in a private capacity on the site declares that he is above the age of 18 and has the legal capacity or, in the absence thereof, parental authorisation enabling him to enter into the contract.
Should these conditions not have been respected pursuant to the indications given in the present contract and in order to settle a possible dispute, we reserve the right to contact the legal guardian of the person concerned directly. We will therefore be authorized, in particular, to require that guardian to pay for all orders contracted by the person concerned.
1-2 Any person placing an order for professional use on the site declares that he is aged 18 or more and has the legal capacity, or in the absence thereof, authorisation from the company, entity or any other similar structure which may employ him, granting him permission to enter into contracts in its name.
Should these conditions not have been respected pursuant to the clauses set out in this contract and in order to resolve a possible dispute, we reserve the right to contact the person who has placed this order directly and to require him to personally settle the price thereof to the extent that he gave us a guarantee beforehand, by making an application for the opening of the Professional and Institutional Account, to the effect that he was authorised to enter into a contract in the name of his company or of the company which employed him at the time.
ARTICLE 2. PHASES IN THE CONCLUSION OF THE CONTRACT
2-1 Information appearing on the site does not constitute an offer in the legal sense of the term; such an offer is constituted only by the order placed between you and us.
2-2 Every web surfer is able to read the General Terms and Conditions of Sales on the site. Any order placed therefore signifies your full acceptance without exception and without reservation of the conditions set out in the present contract. The latter are moreover notified to you during the procedure for validation of every order as the registration of your order is subject to their acceptance. Every person who has made a purchase on the site therefore declares that he is fully cognizant with these terms and conditions and cannot claim otherwise in the event of any dispute.
As amendments may be made, the General Terms and Conditions of Sale in force at the time when each order is placed are understood to be binding,
In the event of a disagreement, an amicable settlement will be sought and if it cannot be reached, any dispute of any nature whatsoever will always fall within the sole competence of the courts on the territory of which Watchprint.com Sàrl is domiciled and will therefore be governed by Swiss law.
2-3 After acceptance of the General Terms and Conditions of Sale and validation, we will send you an e-mail confirming your order to the electronic address notified by you to us when your profile was created or during the ordering process. That e-mail is our acceptance of your order and therefore constitutes the contract of sale between you and us governed by the General Terms and Conditions of Sale set out in the present contract. We will then proceed to process the order in compliance with the clauses set out in the present contract.
ARTICLE 3. RESERVATION OF OWNERSHIP
3-1 Unless the price has been settled by payment on line [credit card or by e-gift voucher or on collection from the shop], the articles which have been delivered to you remain our property until such time as you have settled your obligations to us and, in particular, paid the full amount of the invoice corresponding to the order placed by you on the site.
3-2 Responsibility for the risks of loss or destruction of these articles does, however, rest with you as soon as they have been delivered, even if you are not yet their owner because you have not yet settled the payment for them.
3-3 In the event of late payment, through failure to respect the time limits which are clearly specified on your invoice attached to the ordered articles when they are delivered or non-payment despite reminder[s] and if no amicable settlement has been found, we reserve the right to require you to return these articles specifically to us at your expense.
ARTICLE 4. PRICE POLICY
4-1 The prices displayed on the site are expressed in different currencies depending on your choice, excluding all taxes applicable in Switzerland and excluding carriage and packing costs. Shipping costs are calculated depending on the place to which your order is to be delivered, Europe or to a country outside Europe, and the weight of the parcel. These costs will be billed to you over and above the cost of the articles ordered by you.
4-2 The price displayed on the site when you place your order is guaranteed and corresponds to the price of the article which will be invoiced to you, regardless of any subsequent upward or downward variation in the price and the reasons for such change.
ARTICLE 5. AVAILABILITY AND DISPATCH TIMES
However, despite all the precautions that we are able to taket to obtain the most accurate possible information as to the availability of the articles which we offer to you, it may happen that one such article which is thought to be available at the time when your order is placed proves in fact to be unavailable, in which case we will of course inform you:
Should the article be temporarily out of stock, we will consider your order to remain valid until we are in a position to satisfy it. However, if the time limits for supply of the articles making up your order are not guaranteed to us by our suppliers and it therefore appeared impossible to us to make deliveries to you at an early opportunity, we reserve the right not to execute your order and may ask you to resubmit it later.
In the event of permanent non-availability [out of print, no longer sold etc.] of the articles making up your order, we would in effect be obliged to cancel the order. We may possibly then recommend to you an article of equivalent quality and price which you will be at liberty to accept or decline
ARTICLE 6. CONDITIONS OF DELIVERY
6-1 Methods of delivering orders
Our books are shipped by Economy Post. Fees are automatically calculated based on the weight and destination of the package. For your information, and without any guarantee on our part because the delivery time depends on our partner La Poste you may consult the average time taken to deliver parcels [working days] on their website.
6-.2 - Customs duties
Any customs duties and taxes specific to each country, apart for deliveries in Switzerland, are your responsibility and payable by you over and above the value of your order and the cost of carriage and packaging. According to the law in force in the destination country of your order, they may be duly collected from the addressee of the parcel even if you are only an intermediary. It is therefore your responsibility to seek information from the responsible authorities in your country or in the country to which your order is to be delivered, especially in the case of a gift parcel.
ARTICLE 7. METHODS OF PAYMENT
On the site, depending on whether you are domiciled in Switzerland or elsewhere, different methods of payment are proposed to you during the order validation procedure, to enable you to make simple and secure payment for all your purchases.
7-1 Methods of payment authorised for persons domiciled in Switzerland
Payment for orders placed online by persons residing in Switzerland can be made online or You may also effect payment at 30 days against invoice, provided that you have not previously been the subject of any action in the event of payment outside the stipulated time limit or non-payment of your previous invoices.
7-2 Methods of payment authorised for persons non domiciled in Switzerland - Payment for orders placed online by non Swiss residents can be made online or You may also effect advance payment by wire transfer. In all case goods are only shipped upon full receipt of your payment.
7-3 In the case of payment by credit card, according to your registered customer details, only when effective dispatch is made of the articles which were ordered by you and are subject to availability will we debit the amount corresponding to the balance of your settlement to your credit card. In case of non-availability of items PayPal or bank payments will be refunded.
ARTICLE 8. RETURN AND EXCHANGE POLICY
You have the possibility, under certain conditions which are expressly set out in this contract, of returning to us the article ordered by you or making a request for its exchange.
8-1 Return policy
In the event of delivery by our partner The Post Office, and only in that case, of an article which does not correspond to your order or has been damaged during transport, you benefit from a period of 3 [calendar] days from the date of delivery, date as postmarked, to inform the delivery company in case of damages and then us of your request and return the article concerned to us.
To enable us to deal with and process your request at the earliest opportunity, you must attach to your consignment, failing which we will unfortunately be unable to meet your request, a copy of the invoice and delivery note or of the delivery note without indication of a price in the case of a gift sent by parcel post.
Any article which is the subject of a request for return must be returned to us at in its original package which has not been opened, used or damaged. All these items are to be dispatched to the following address:
1090 La Croix
Downloading precludes any return policy.
8-2 Exchange policy
You have the possibility of exchanging an article ordered on the site, purchased for yourself, for a third party or offered to you by a third party.
Downloading precludes any exchange policy.
1.Policy of exchange in the event of dispatch of your order
To exchange an article in the event of delivery by our partner La Poste, and only in that case, you are allowed 3 [calendar] days from the date of delivery to submit by e-mail your application [Info@watchprint.com] by letting us have your customer information [surname, forename, customer No.], your order information [No., date, methods of payment] and information about the article[s] concerned by your application as they appear on your invoice and the delivery note which accompanied your order when it was delivered.
Subject to acceptance by our order service and depending on the nature of the work, you will then have 3 [calendar] days, date as postmarked, from the date of acceptance of your application by our order service to return the article[s] concerned to us at your expense. To enable us to examine and process your request at the earliest opportunity, you must attach to your consignment, failing which we will unfortunately be unable to satisfy your request, a copy of the invoice and delivery note or delivery note without price only in the case for a gift, forwarded by parcel post.
Any article which is the subject of a request must be returned to us at your expense in its original unopened, unused and undamaged packaging. All of these items are to be sent to the following address
1090 La Croix
Subject to compliance with all these conditions, we undertake to deliver to you a gift voucher representing the net value of the article ordered by you which will enable you to purchase the article of your choice in our website or in direct.
ARTICLE 9. LEGAL INFORMATION
9-1 Legal notice
The site is the online bookshop of Watchprint.com Sàrl. If you have any remarks or questions about the bookshop, you may contact us by sending an e-mail or by writing to the following postal address:
1090 La Croix
9-2 Licence for access to the site
You are permitted to access and use the site purely for your own personal purposes and shall not under any circumstances, save with our express written agreement and on pain of legal proceedings, use it and any of its contents for commercial purposes or for any other activity which is liable to be prejudicial to us.
9-3 Applicable law
All the clauses set out in the present general terms and conditions of sale, and in all the purchase and sale transactions referred to therein, are governed by Swiss law.
We undertake to use our best endeavours to provide you with the finest possible service quality consistent with the work done by all the personnel and with the values of our company. However, we cannot be held liable for any delay in delivering ordered articles, in particular if they are out of stock with our suppliers or publishers, or for any delay in delivery of these articles by La Poste, our order delivery partner, or its international partners.
Despite our vigilance and all the precautions taken by us in dealing with the partners with whom we work to enable you to benefit from the services offered by us to you, we do not guarantee the absence of any disturbance of the working of the site and the parts thereof. Consequently:
We decline all liability for direct or indirect prejudice which may result from access to, or use of, the site or some of its elements, just as we decline all liability which may result from the impossibility of accessing or using the site.
Similarly we decline all liability for all risks associated with the installation of software permitting consultation of the site or for any damage resulting from errors in transmission, technical faults, overload or interruptions of communications.
We have made all the necessary arrangements to ensure the security of your payments by credit card with our partner Postfinance or PayPal.
However, we decline all liability if your computer equipment, your Internet access or your credit card are not sufficiently secure to protect you against potential risks when you make online purchases.
For this reason, and by way of indication, if your credit card does not have a secure e-commerce code [personal password enabling you to identify yourself clearly to your bank for an online purchase] we strongly advise you to contact your bank or to take due note of the documentation appearing on the site of our partner for purchases on the internet so that you are properly informed, in your own best interest, of the measures that you may take under your own responsibility to ensure that your purchases on the Internet, regardless of their nature, are rendered still more effectively secure.
Moreover, you have sole responsibility in respect of any order placed for an article which fails to comply with the legislation of the country of delivery or is prohibited on its territory and, that being so, we cannot be held liable.
9-5 Protection of personal data
Regardless of the nature of the personal data about you which comes to our cognizance or which we are entitled to ask you to provide under the present contract or which we collect automatically, we undertake to use our best endeavours to treat such information in the strictest confidence, to ensure its protection and to use it solely for the performance of your orders or to improve the services which may be offered to you on the site.
However, you may at any time exercise your right of access, correction or opposition in respect of such data, either from your customer account or by writing to us at email@example.com.
9-6 Copyright and credits
The design, form, title and entire content of the site are the sole property of Watchrint.com Sàrl with the exception of contents which are the subject of specific agreements with our partners and in which copyrights are duly stipulated on the article on which they appear; consequently:
You are under no circumstances authorised to copy, record, reproduce or print these contents for any use other than that which will enable you to make your purchases on the site within the framework of the present contract.
We and our partners reserve the right to take action against you if any of these contents regardless of their nature [image, text, codes, etc.] and of whether Watchprint.com Sàrl or one of its partners is the owner, is used without our express written consent or that of our partners for those parts of the site which concern them, for purposes other than those stated in this contract.
Publication on the site of criticisms, communications and other contents which you may send to us for this purpose remains at our entire discretion.
In the event of their publication, you automatically grant us the right to utilise, reproduce, amend or delete these contents if we consider that necessary and you must in any case hold copyright in these contents.
Failing this, and if a legal action is brought against us by a third party, if such action relates to the contents notified by you to us, you would be required to compensate us up.