Preamble These general conditions of sale (hereinafter the “GCS”) of the Website www.madwatch.com (hereinafter “Website”) are concluded between, 1.
Metal.Chronometrie SA (hereinafter “Madwatch”), a Swiss limited company with registered office in Switzerland, Puits Godet 6a, 2000 Neuchâtel, registered in the Commercial Register of the Canton of Neuchâtel under the number CH-645-4104172-2, whose EORI VAT number is DE1796992 and represented by Mr. André Jaggi.
2.. on the other hand, a natural person residing in the territory referred to in Article 1.3 below (hereinafter “the Customer”) wishing to perform, performing or having made a purchase (hereinafter the “Order” (s) “) personally and without commercial purpose, or resale, of a product or service marketed by Madwatch on the Website.
Madwatch and the Customer are respectively designated the “Party” and jointly designated “Parties” within the meaning of this Agreement.
ARTICLE 1. PURPOSE, APPLICABLE LAW AND TERRITORY
The purpose of this Agreement is to deﬁne the terms and conditions of sale between Madwatch and the Customer of products or services marketed by Madwatch on the Website. The Contract governs the conditions for the conclusion, payment, follow-up and delivery of the Orders and, where applicable, warranties and withdrawal of the Orders, under the conditions set by the Contract and the law applicable to the Contract.
Madwatch may change its terms and conditions at any time. The general conditions of sale applicable between the Parties are those which were online when the Customer placed the order and which were accepted by him, these conditions then forming the contract as deﬁned in the Preamble of this CGS
Applicable law, competent jurisdictions and contractual language
These General Terms and Conditions of Sale as well as all disputes arising from the present, particularly as regards the validity thereof, or related to the use of the Website or any purchase made on the Website, are governed by Swiss law. The Client also has the possibility of appealing, in case of dispute, to a conventional mediation procedure or any other alternative dispute resolution or dispute settlement procedure.
Orders that may be made on the Website may only be validly concluded between the Madwatch and a Customer residing in any country of the world without restriction, except for reasons of embargo or objective commercial restrictions dictated or imposed by some countries.
ARTICLE 2. ORDER
- Acceptance of the Contract by the Customer
Any Order made on the Website requires the consultation and the explicit and prior acceptance of the Contract by the Customer, who can save it or print it at each Order. When the Customer wishes to ﬁnalize h is Order, he can also print a summary statement of his Order.
- Acceptance of the Order by the Madwatch
Madwatch will be able to fulﬁll Orders received via the Website from a Customer for a maximum amount per Order of CHF 500.00 or equivalent in other currencies. Upon receipt by Madwatch of the Order placed by the Customer, Madwatch will notify the Customer of a detailed acknowledgment called “Order Summary, specifying the amount invoiced including all taxes, and the amount taxes excluded, this for European (UE)countries and Switzerland. For all the countries outside Europe (UE) and Switzerland the prices will be stipulated free of all taxes. This acknowledgment does not represent an acceptance by Madwatch of the Order placed by the Customer but only means a conﬁrmation that Madwatch has received it. The products and prices of these products are valid for the placing of an Order by the Customer if they are visible on the Website when placing an Order by the Customer.
Metal may decide, in its sole discretion, not to accept an order that may be an abnormal order, or any order from a customer with whom a dispute is still pending, as well as orders that may be introduced in a dishonest way.
If the products are not in stock, the sales contract will not be concluded, and the products will not be included in the Order Summary or the Delivery Note. In this case you will sometimes be offered an alternative product.
The order is deemed accepted and the contract of sale concluded, when Madwatch sends the Customer an email announcing the dispatch of the Order (“Delivery Note”)
ARTICLE 3. DESCRIPTION OF PRODUCTS AND APPLICABLE RATES
- Description of the products
The User may, prior to an Order, take note on the Website of the essential technical characteristics of the products he wishes to order.
- Applicable rate
Any Order implies acceptance by the Customer of the prices and descriptions of the products and services offered for sale on the Website. The prices listed next to each product offered for sale are expressed in Swiss Francs (CHF) or any other currencies associated with certain geographical areas or countries. Prices are, as a rule, all taxes included as well as shipping costs. For the countries outside Europe (EU) and Switzerland the prices will be expressed without any taxes, but shipping costs
As a rule, for Europe (EU) and Switzerland, unless otherwise stated, the price of the Order therefore includes the value-added tax (VAT) in effect on the date of the Order in the Customer’s territory of residence as well as the costs of shipping of the Order. For countries outside Europe (EU) and Switzerland, prices will be quoted at the price excluding taxes. In this case the customer will be clearly informed that he will be responsible for the payment of taxes of his country as well as any customs clearance fees when receiving the Order. Madwatch recommends, in this case, and BEFORE ORDERING, to inquire with the authorities of the country about the costs of these fees and taxes.
Madwatch is free to change the selling price of its products and services at any time. If one or more taxes or mandatory contributions were to be created or modiﬁed, up or down, this change can be reﬂected in the selling price of the products on the Madwatch Website. However, Madwatch agrees to apply to the Customer the rates and taxes that were indicated during the validation of his Delivery Note.
3.3. Discount offers
Offers, codes and coupons (hereinafter the “Reductions”) are valid only for the duration and conditions of validity of the offer concerned. Reductions may not be converted into a refundable amount or payable to the Client. The Discounts can only be used by the Customer concerned and are not transferable to a third party. They are deducted from the amount due in the Order. Unless otherwise stated in a special discount offer, discounts are not cumulative with each other when placing an Order. When the Customer indicates on the Website several Reductions simultaneously, he will not be able to take beneﬁt f them, for the same Order. Only the Reduction whose amount is the highest will be taken into consideration.
ARTICLE 4. TERMS OF PAYMENT
- Payment currencies
The payment currencies of the Orders are the Swiss Francs (CHF), the Euro (EUR), The United States Dollars (USD). The currencies used are located according to the country or geographical area at the sole discretion of Madwatch.
Accepted currencies may vary at the sole discretion of Madwatch. However, all orders conﬁrmed by a Delivery Note will be obligatorily made in the reference currency of the Madwatch Conﬁrmed Delivery Note.
- Payment Terms
The payment currencies of the Orders are the Swiss Francs (CHF), the Euro (EUR), The United States Dollars (USD) and the English Pound (GBP).
The Customer may pay for the Online Order by credit card (Carte Bleue, Visa and Mastercard, American Express and PayPal), indicating a credit card number and a valid expiry date, and the last three digits on the back of the bank card which will be used for the payment. Any refund made on the account of the customer in case of unavailability of a product will not give the right to claim any compensation.
- Information processed by the Madwatch
The payment currencies of the Orders are the Swiss Francs (CHF), the Euro (EUR), The United States Dollars (USD) and the English Pound (GBP).
The Client guarantees Madwatch that he has the necessary authorizations to use the means of payment he has chosen when placing his Order, especially for persons UNDER 18 YEARS OF AGE. The validation of the Order is subject to the validation of the bank payment center chosen by Madwatch. If the bank refuses the payment, the Order is not ﬁnalized and is canceled.
As part of the ﬁght against Internet fraud, information relating to the Order and payment method of the Customer may be transmitted by Madwatch to any third party for veriﬁcation. Madwatch, in collaboration with the bank managing electronic payments, controls all Orders that have been validated on the Website. Thus, any Order that has a delivery address different from the billing address of the Customer, may be veriﬁed by Madwatch. In this context, Madwatch may need to ask the Customer for information and documents necessary for the execution of the Order: proof of domicile of the Customer and / or the person indicated for the delivery address, justification of the Customer’s bank details etc. These requests are made to the Customer by email or telephone. The bank account attached to the method of payment used by the Customer will be debited from the ﬁnalization of the order made by the Customer on the Website.
In addition, Madwatch may suspend or cancel any Order and / or delivery, regardless of its nature and state of execution, in case of non-payment of any sum that would be due by the Customer or in case of payment incident. Subsequently, any new Order by the Customer may be refused, or any delivery of the Customer may be suspended in case of delay or absence of payment, total or partial, of a previous Order placed by the Customer. The Client will be informed by the Madwatch.
- Information processed by the bank managing payments
The payment currencies of the Orders are the Swiss Francs (CHF), the Euro (EUR), The United States Dollars (USD).
To ensure the security, integrity and conﬁdentiality of payments made via the Website, customers’ credit card details are encrypted using the SSL (Secure Socket Layer) protocol during their transit via the Internet. The information provided in the Order Form will be processed by STRIPE and Banque Cantonale Neuchâteloise BCN (and PayPal if applicable) to authorize the payment of the Order and analyze a banking transaction and to ﬁght against fraud at the credit card. The occurrence of an unpaid transaction due to the fraudulent use of a credit card may have as a result to have the details of the Order Form associated with this unpaid transaction within a ﬁle of payment incidents implemented by Stripe and the NCB. An irregular declaration or an anomaly may also be the subject of speciﬁc treatment by OGONE and BCN.
ARTICLE 5. DELIVERY
For security reasons and to ﬁght credit card fraud, the billing and delivery address of the Order must be in the same country of delivery. The ordered products will be delivered by the National Posts or any carriers chosen by Madwatch to the postal address indicated by the Customer when conﬁrming h is Order. The required delivery time is approximately 10 working days from the conﬁrmation by the Delivery Note.
5.1. Terms of delivery
The transport of the ordered products is entrusted by Madwatch to the carriers of its choice. Orders placed on Fridays, Saturdays, Sundays or holidays will be processed as of Monday or the next business day. Delivery deadlines are expressed in working days and vary depending on the destination. Without prejudice to the provisions of the foregoing, and as an indication, the generally observed delays for the various delivery methods are:
5-10 working days for deliveries to Europe from the date of the conﬁrmation of the Delivery Voucher by Madwatch.
8-12 business days for deliveries to the USA from the date of the conﬁrmation of the Delivery Voucher by Madwatch.
10-15 business days for deliveries to other countries from the date of conﬁrmation of the Delivery Voucher by Madwatch.
During promotional periods, delivery times may be longer than those generally noted. When the Customer orders more than one product, it is possible that several packages are delivered on different dates.
In all cases, simply exceeding the estimated delivery time does not give right to any damage and interest. 5.2. Delivery Tracking
Upon conﬁrmation of the Madwatch Delivery Note, an order tracking number is communicated to the Customer to enable him to follow the progress of the delivery of his Order. The Customer may indicate on the Carrier’s Internet Website in the space reserved for parcel tracking, the tracking number of his Order and thus follow the progress of his delivery.
In some cases, tracking by the tracking number issued by the carrier chosen by Madwatch is not supported by the country of delivery or destination or transit. However, in any case, the carrier’s date of pick-up will still be accessible via its website and will clearly show that the shipment has been carried out by Madwatch.
ARTICLE 6. Warranty and return
Products sold through the Website may be exchanged or reimbursed under the conditions set out in this Agreement and by the law applicable to the Contract, except for products which have been the subject of a Customization at the request of the Customer.
6.1. Right and withdrawal period of the Customer. The Customer has a period of 14 (fourteen) days from the date of delivery, to exercise h is right of withdrawal and request the refund of the products ordered. To do this the customer will send his request via the form he will ﬁnd on the Madwatch website under the heading “Exchange and Return”. The Customer returns at his own expense the products ordered by following the instructions that will be provided in the page “Exchange and Return” of our site. These conditions or return addresses may vary depending on the country concerned. The refunded price will be the price including VAT (all taxes included) or the price excluding taxes according to the invoicing system and in the currency used for each delivery, including cost of delivery. 1. After verifying that the conditions of return are respected, the Customer is required to carefully pack the returned products and to ensure that the package is securely closed with an
adhesive tape. 2. The return label provided by email will be printed and stuck on the envelope or parcel containing the returned product. In the case where the returned items come from different orders, the Customer is required to return by package received and paste the different return labels provided corresponding to each package received for separate returns. The Customer is free to use the carrier of his choice because the transport costs of the returned remains at h is charge.3. Madwatch will refund the Customer by refund of credit by the same means as those used by the Customer for payment at the time of the order. This refund will be made within 15 (ﬁfteen) days (variable delay depending on the banks) upon receipt of the returned products to the address indicated by Madwatch and once the control of the returned goods made. The withdrawal of the Order by the Customer will be considered only if the product has been returned to Madwatch within 14 days from the date of its receipt and under the conditions described in article 6.1 here above and at the address mentioned on the indications provided by Madwatch. Madwatch will reimburse the Client for the sums paid, including the price of the of shipment.4. In case of return of a product obviously damaged or in bad condition Madwatch will contact the Customer to indicate that the product will be returned to him as is at the address of the initial order. At the request of the customer, the product may be destroyed. In this case none amount will be paid back.
- Legal guarantees 2.1 Compliance guarantee Based on the usual standards of the watch industry, the Madwatch watches are guaranteed by Madwatch for repair or replacement for a period of two years from the date of the Purchase Order Conﬁrmation and therefore of the expedition. This warranty covers the repair or replacement of defective watches for use under normal conditions. Madwatch does not assign any other warranty for and in connection with the watches sold. The warranty obligations of Madwatch are therefore limited to the replacement or free repair of defective watches under the terms of the warranty mentioned above. Bracelets, crystal (glass) and battery are not covered by the warranty, as it is the habit in the watch industry. Madwatch makes its customers aware that, due to the technical conception of its products, the life of the battery may be shorter than the duration of the warranty. All other claims by the Customer or any other party in connection with faulty watches for direct or indirect damage are expressly excluded from the terms of the warranty.
- Conditions for returning products to Madwatch The products likely to be returned by the Customer to Madwatch must have been previously purchased by the Customer on his Website and have been delivered to the Customer, be in a state suitable for remarketing the product (original packaging, instructions for use and accessories, barcodes and labels of origin), and be returned with the return label that will be provided to the Customer in the EXCHANGE AND RETURN section of the The products returned by the Customer to Madwatch will be sent to the addresses provided by Madwatch under the heading EXCHANGE AND RETURN, and which will be those of the initial shipment, or in some cases, for the comfort of the customers, in their own country. In some cases, the return address will be one of a
neighboring country or part of a speciﬁc economic zone. The return of the product to Madwatch is the responsibility of the Customer. So Madwatch advises the Customer to return the product concerned by a carrier allowing him to follow the return package addressed to Madwatch. In the opposite case, if the return package sent by the Customer does not reach Madwatch, the Customer will not be able to question the carrier to locate the return package. The transport costs of the return package remain the responsibility of the Customer. Upon receipt of the return package, Madwatch will check the conformity of the returned product and the reason for return. If the returned product does not justify an exchange or refund, its return will be refused by Madwatch and the product will be made available to the Customer in Madwatch’s warehouses, or may be sent to the Customer, at his request and at his expense, within three months after the receipt by Madwatch of the product returned by the Customer. Without indication of the Customer within this period of three months from the mail Madwatch refuting the return, the watch will be considered abandoned by the Customer and will become the property of Madwatch. Subject to the applicable legal warranties, failing to comply with the terms of this article, the Customer may not make any other claim.
The Customer’s exchange request must be made within 14 (fourteen) days from the date of receipt of the shipment and according to the conditions described in article 6.3 above. For damaged, defective or erroneous products, the procedure of the products covered by the Warranty must be followed under the heading EXCHANGE AND RETURN from the website. In any case, speciﬁc help can be obtained at the following email address: email@example.com
ARTICLE 7. Liability The responsibility of the Madwatch could not be engaged in the case where the non-performance of its obligations would be imputable to a case of force majeure or a fortuitous event as deﬁned by the law. Similarly, Madwatch cannot be held liable for any inconvenience or damage related to the use of the Internet,
including an interruption of the availability of the Website, a break in service, external intrusion or the presence of computer vi ruses, loss or alteration of data or ﬁles, or for consequential damages, regardless of the causes and consequences.
ARTICLE 8. Signature, evidence and electronic archiving
The online supply of the credit card number and the ﬁnal validation of the Order constitute the proof of the entirety of the Order and entail the payment to the Customer of the total amount of the Order. The Parties agree that all data, information, ﬁles, dates and times of consultation of the Website and Order and any other digital element exchanged between the Parties will constitute admissible, valid, enforceable and opposable evidence between the Parties and the probative force of a private act. The Parties undertake not to contest the admissibility, validity, enforceability or probative force of the above-mentioned electronic or electronic elements, based on their electronic nature. Unless proved otherwise, these elements shall be valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative force as any document drawn up, received or kept in writing. The archiving of Purchase Orders and invoices is done by Madwatch on a reliable and durable medium constituting an integral and durable copy. In case of fraudulent use of their credit card by a third party, the Customer is invited to
inform Madwatch without delay by writing or calling the Customer service and reminding Madwatch the credit card number concerned, the date of the Order and by justifying h is identity, without this information opening a right to repair the Customer or any refund from Madwatch. If necessary, the repair or refund of the Customer may be requested by the Customer to the bank issuing h is credit card, under the conditions set by the laws and contracts applicable to the bank concerned. Contact us directly on this Website or on the following e-mail address: firstname.lastname@example.org If any provision of any GTC is found to be unlawful, or unenforceable for any reason, the remainder of the GTC shall remain valid.
Last updated: November 15, 2018