General
Terms and conditions

Uhrenhandel Schwyter offers the purchase and sale of watches as well as commissioned sales and valuations. Uhrenhandel Schwyter also offers other services as well as components and care products for watches.

1. applicability and scope

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between Uhrenhandel Schwyter (hereinafter referred to as "Uhrenhandel Schwyter", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for products (hereinafter referred to as "products" or "goods") that are purchased via our website [www.watcherswiss.ch] (hereinafter referred to as "online store" or "website").

The online store is operated by:
Watch trade Schwyter
Bachstrasse 33
5034 Suhr

VAT number CHE-270.730.174

Phone +41 76 388 11 96
E-mail: info@watcherswiss.ch

Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting terms and conditions of the customer shall not be recognized.

Uhrenhandel Schwyter reserves the right to amend these GTC at any time. All changes become effective with the publication of the new GTC on the website. The relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us when a product is purchased.

Please read these terms and conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

2. conclusion of a purchase agreement

The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. Uhrenhandel Schwyter expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on us.

The customer can place a binding order for the products they have selected via our online store. The customer can place the products he selects in the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the button ["order subject to payment"] on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
  
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our General Terms and Conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of online ordering and your documentation.

After you have placed a binding order, Uhrenhandel Schwyter is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may include, for example, if a product is no longer available, if we are unable to obtain authorization for the customer's payment or if there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activity or for any other important reason.

Upon acceptance of the order, a binding purchase contract is concluded with the customer. This acceptance takes place through the dispatch of the ordered products.

3. availability and reservation of performance for non-deliverable products

All information about the availability, shipping and delivery of a product is preliminary and approximate. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipment or delivery is expressly excluded.

Our products are available as long as our stocks last. If Uhrenhandel Schwyter discovers during the processing of your order that the products you have ordered are not available, we will inform you immediately. In this case, a contract for the unavailable products will not be concluded, as the ordered products cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail. 

4. prices and shipping costs

Our products and prices correspond to those stated on the website. All prices are quoted in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all ancillary and shipping costs, will be displayed at the end of the order process.

By placing a binding order, you declare that you agree to the total price for the products ordered. After the binding order, the price can no longer be adjusted.

Uhrenhandel Schwyter reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order is placed.

5. terms of payment / credit check

Orders are generally due for payment immediately.

The customer has the option of paying using the payment methods displayed on the website or during the order process. These may change from time to time and from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those corresponding to the respective credit rating). Uhrenhandel Schwyter is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By selecting the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes Uhrenhandel Schwyter to collect payments in the appropriate way. In the event of chargebacks, Uhrenhandel Schwyter is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Uhrenhandel Schwyter is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address data and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, Uhrenhandel Schwyter reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.

When paying by invoice, the customer receives the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, Uhrenhandel Schwyter is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with the collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
   
Uhrenhandel Schwyter remains the owner of the delivered products until they have been paid for in full.

6. terms of delivery

Deliveries are always made via the Swiss Post AG delivery service. For deliveries to Switzerland, the shipping costs are borne by Uhrenhandel Schwyter. Delivery is made as insured valuables in accordance with the Swiss Post AG offer.

The products that you order in our online store and that are in stock will be delivered to you within 2-8 working days after receipt of full payment, depending on the destination.

If the products are marked as not in stock when the order is placed, Uhrenhandel Schwyter will endeavor to deliver the products as quickly as possible. Uhrenhandel Schwyter will make every effort to adhere to the stated delivery times. However, Uhrenhandel Schwyter is not responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery.

If the delay in performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the product fail through the fault of the customer despite three delivery attempts, Uhrenhandel Schwyter may withdraw from the contract. Any payments made will be refunded immediately.

7. transfer of benefit and risk

The performance of Uhrenhandel Schwyter is a debt of fate and is fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. Uhrenhandel Schwyter is not responsible for any fault of the transport company used. The assumption of transportation costs by Uhrenhandel Schwyter has no influence on the transfer of risk.

8. right of withdrawal and return

There is no right of withdrawal or return for second-hand watches (hereinafter referred to as "pre-owned watches"). For all other products (spare parts, accessories or care products) in our online store, you have a right of withdrawal within 14 days of receipt of the products. You can withdraw from the contract within 14 days of receipt of the goods by returning the goods to us or by sending us a clear declaration of withdrawal in text form (e.g. a letter sent by post or e-mail) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of withdrawal are handed over to the post office or another transport company for return or dispatch on the last day. You can use the SAMPLE WITHDRAWAL FORM which, however, is not mandatory.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, and in the original packaging. The goods plus the completed return slip must be returned to the following address:

Watch trade Schwyter
Bachstrasse 33
5034 Suhr
Switzerland

If you withdraw from the contract, and if the goods are returned properly, we will refund the purchase price paid by you immediately and no later than 14 days from the day on which we received the notification of your withdrawal from this contract and the proof of shipment or the goods have been received by us. The refund will depend on the payment method originally used and will always be made to the corresponding account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as Uhrenhandel Schwyter accepts no liability in this respect.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Revocation restrictions
The right of revocation does not apply to contracts for the delivery of products that have been individually manufactured according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products).

9 Warranty, obligation to inspect and give notice of defects

Pre-owned watches may show signs of wear and tear (e.g. scratches, no water resistance). These will be documented and disclosed by Uhrenhandel Schwyter. Uhrenhandel Schwyter excludes any warranty for pre-owned watches.

For other products in the online store, Uhrenhandel Schwyter guarantees that the goods correspond to the warranted characteristics and have no defects that impair their value or suitability for the intended use.

Upon receipt of the products, the customer must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to Uhrenhandel Schwyter within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.

The defective goods are only to be returned after this notification. The transportation costs incurred for any return shipment shall be borne by Uhrenhandel Schwyter. Goods returned by the customer become the property of the seller again if the warranty is provided by means of a replacement delivery or rescission.
  
Uhrenhandel Schwyter provides a warranty by rectifying defects. This is done at the discretion of Uhrenhandel Schwyter by repair or replacement. If neither a repair nor a replacement delivery is possible, the performance of the warranty consists of a rescission.
  
If the rectification fails, the customer is entitled to withdraw from the contract. This shall not apply in the case of insignificant defects.

If goods are delivered with obvious transport damage, the customer must report such defects immediately to the transport company and contact Uhrenhandel Schwyter without delay.

10. registration for an account

By registering a customer account, you can view information about your completed, open and recently shipped orders and manage and save your address details. As your data is saved, you do not have to enter it again when you make another purchase.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Uhrenhandel Schwyter guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. Further information on data protection can be found in our privacy policy.

Registration is free of charge. Each customer is only authorized to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.

Uhrenhandel Schwyter is not obliged to accept the registration or the order of a registered customer.

11 Complaints and grievances

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this document. We will endeavor to review your requests and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have a complaint or grievance, please help us by telling us the exact problem or signs of error and, if necessary, provide a copy of the order documentation or at least the order number, customer number, etc. We will endeavor to respond to you within 5 working days.

12. liability

Uhrenhandel Schwyter is liable for damages caused by unlawful intent or gross negligence in the event of a breach of its own obligations under these GTC and the contractual relationships based on them. Liability is excluded for slight and medium negligence as well as for indirect and consequential damages. Uhrenhandel Schwyter accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.

Subject to the foregoing, the total liability under these GTC shall be limited to the price of the goods that the customer has ordered from us, irrespective of the reason and to the extent permitted by law.

For damage caused by (i) improper storage, adjustment or use of the goods contrary to the contract, (ii) use of incompatible spare parts or accessories, (iii) failure to maintain and/or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in particular damage caused by the elements, moisture, falling and impact etc. for which the seller is not responsible, and official orders.

Uhrenhandel Schwyter accepts no liability for the occurrence of an event that is beyond our influence and control.

Should an event beyond our control occur which affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.

13. data protection

Uhrenhandel Schwyter collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our Privacy policy.

14 Copyright

The information and content published on the website are protected by copyright and are the property of Uhrenhandel Schwyter or the respective rights holder. Reproduction, editing, distribution or any other form of exploitation requires the prior written consent of the respective copyright holder.

15. severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

16 Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law.

The place of jurisdiction for natural persons is the registered office of Uhrenhandel Schwyter or the customer's place of residence. For legal entities, the place of jurisdiction is exclusively the registered office of Uhrenhandel Schwyter.