ARTICLE 1. Purpose, applicable law and territory1.1.Object
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
1.2. 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. Order2.1. Acceptance of the Contract by the Customer
ARTICLE 3. Description of products and applicable rates3.1. Description of the products
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 payment4.1. 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.
4.2. 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.
4.3. 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.
ARTICLE 5. DeliveryFor 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.
ARTICLE 6. Warranty and returnProducts 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.
6.2. Legal guarantees
ARTICLE 7. LiabilityThe 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 archivingThe 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: email@example.com 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