Terms and General Conditions of Sale of the website luxury-watch-store.ch
applicable from 07/15/2021
(In case of contradiction with the French version, the French version prevails)
ARTICLE 1. PARTIES
These general conditions are applicable between Luxury Watch Store, a Brand of Certezza Mdp - Morselli, Chemin des Vaulx 14, 1228 Plan-les-Ouates, Switzerland, telephone: +41 (0) 78 300 47 37, email: email, hereinafter "the Merchant" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer"
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Merchant ": Luxury Watch Store, a brand of Certezza Mdp - Morselli, taken in its capacity editor of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" The Watchmaker ": the seller who offers his Product through the Site.
" The Partner ": the seller, watchmaker or not, who offers his Product by through the Site.
" Product ": goods or service of any kind sold on the Site by the Merchant to Customers.
" Site ": website accessible at the URL www.luxury-watch-store.ch, as well as sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is open and free to all Internet users. Browsing the Site assumes acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever either, in particular via a robot or a browser, will entail full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the Merchant and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users enjoy the legal capacity necessary for this, or failing that they have the authorization of a guardian or a curator if they are incapable, of their legal representative if they are minors, or even if they are mandate holders if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell the Products of Watchmakers or Luxury Watch Store Partners to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each article. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet user
By consulting their cart, Internet users will be able to check the number and the nature of Products that they will have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility to remove one or more Products from their cart.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
As soon as they are logged in or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the payment interface secured with the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Merchant
Once the payment has actually been received by the Merchant, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Merchant undertakes to address to the Customer a summary email of the order and confirming the processing, containing all the relevant information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by the Merchant. The prices displayed are only valid on the day of the order and do not include no effect for the future.
The prices indicated on the Site are understood in CHF (Swiss francs), all taxes included, excluding shipping costs. delivery.
6.2. Method of payment
The Customer can pay by credit card. They are done through transactions security provided by the chosen banking institution.
In the context of payments by bank card, the Merchant has no access to any data relating to the means of the Customer's payment. Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times do not start to run. only from the date of receipt of payment by the Merchant.
the Merchant will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed for any reason whatsoever, including case of dispute.
Any amount not paid by the due date will give rise, as of right and without formal notice, to the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty is detrimental to the enforceability of sums due in principal.
In addition, any late payment will result in invoicing the defaulting Customer for payment fees. Recovery of an amount of CHF 60, the immediate payment of all outstanding amounts regardless of are the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This indemnity may be reduced by a judge if he considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Merchant until full payment of their price, in accordance with to this retention of title clause.
ARTICLE 7. RESPONSIBILITY of the Merchant
7.1. Nature of the Merchant's obligations
The Watchmaker or the Partner undertakes to take the necessary care and diligence to provide Quality products conforms to the specifications of these General Conditions. The Merchant only responds to an obligation of means concerning the services object of the present.
7.2. Force majeure - Customer's fault
The Merchant will not be held liable in the event of force majeure or fault on the part of the Customer, such as defined in this article:
7.2.1. Force majeure
Within the meaning of these general conditions, will be considered a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, supplier failure access, failure of transmission networks, collapse of facilities, use illicit or fraudulent passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the site host or to the developers, flooding, breakdown electricity, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Merchant. In such circumstances, the Merchant will be exempted from the performance of his obligations within the limit of this prevention of this limitation or disturbance.
7.2.2. Client's fault
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on its part or that of its employees, failure to comply with the advice given by the Merchant on its Site, any disclosure or illicit use of the password, Customer codes and references, as well as providing information incorrect or the lack of updating of such information in his personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit hereof general conditions of sale.
7.3. Technical problems - Hypertext links
In the event that it is impossible to access the Site, due to technical problems of all kinds, the Customer shall not may claim damage and may not claim any compensation. Unavailability, even prolonged and without any limitative duration, of one or more online services, cannot constitute damage to Customers and can in, no way, give rise to the award of damages from the part of the Merchant.
The hypertext links on the Site may refer to other websites. The responsibility of the Merchant cannot be held liable if the content of these sites contravenes the laws in force. Of even the responsibility of the Merchant cannot be engaged if the visit, by the Internet user, of one of his sites, caused him harm.
In the current state of the art, the rendering of representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences cannot under any circumstances be attributed to the Trader who cannot under any circumstances be held liable for this fact.
7.4. Damages payable by the Merchant
In the absence of legal or regulatory provisions to the contrary, the Merchant's liability is limited to the direct, personal and certain damage suffered by the Customer, the Watchmaker or the Partner, and related to the fault involved. The Merchant can in no way be held responsible for indirect damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or clients. Likewise and within the same limits, the amount of damages payable by the Merchant may not in any event exceed the price of the Product ordered.
7.5. Hypertext links and contents of the Site
The Contents of the Site are published for information only, without guarantee of accuracy. The Merchant cannot in no event be held responsible for any omission, inaccuracy or any error contained in these information and which would be at the origin of a direct or indirect damage caused to the Internet user.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general conditions are subject to the application of Swiss law.
8.2. Modifications of these general conditions
These general conditions can be modified at any time by the Merchant. Conditions General rules applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space implying acceptance, if applicable, of the new general conditions.
All disputes with a Customer that may arise in the context of the execution of these general conditions and the solution of which could not be found beforehand amicably between the parties must be subject to Swiss law.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
The absence of exercise by the Merchant of the rights which are recognized to him by the present will in no case be interpreted as a waiver of the assertion of said rights.
8.6. Languages of these general conditions
These general conditions are offered in French.
8.7. Abusive clauses
The stipulations of these general conditions apply subject to compliance with the provisions requirements of the Swiss Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.