GENERAL TERMS AND CONDITIONS
These general terms and conditions apply for the sale and delivery of products to customers in Switzerland and Liechtenstein who have purchased and ordered our products via this online shop (“webshop”). Please read the following General Terms and Conditions carefully prior to ordering products from this webshop. The General Terms and Conditions apply in the version valid at the time the contract was concluded.
If you accept these General Terms and Conditions and the data protection provisions, please confirm your acceptance by clicking on the button “I accept the General Terms and Conditions and the data protection provisions of Mondaine Watch Ltd.” during the online ordering process. If you do not accept the General Terms and Conditions and the data protection provisions, you cannot order any products from this webshop.
By ordering our products, you agree to be bound by the following General Terms and Conditions and data protection provisions. By initiating an order through our website, you guarantee that you are competent to enter into a legally binding contract, are at least 18 years of age and are purchasing products for a non-commercial purpose.
2. Webshop Operator
The webshop is operated by Mondaine Watch Ltd., registered at Etzelstrasse 27, 8808 Pfäffikon/SZ, Switzerland.
Our customer service can be reached via email@example.com.
3. Ordering Process
The presentation of the product assortment of Mondaine Watch Ltd. in its webshop does not represent an offer to conclude a sales contract with the customer. It is non-binding. By clicking on the button “Order now”, you submit a binding order concerning the item to the shopping cart.
All orders are subject to our agreement in the form of an acknowledgment of the order, which we send to you via email.
Our acknowledgment of the order represents a binding contract for the purchase of the ordered item. However, the contract applies only to those goods which we have accepted in the acknowledgment of the order and not for any other items which you may also have ordered in the webshop.
We reserve the right to delay or cancel orders when the items are not available or we have received a negative credit report or for any other reason relevant to the sales process.
4. Product Description and Availability
We make every conceivable effort to present the products as precisely as possible in the webshop. However, we cannot guarantee the descriptions and depictions of these products are exact and free of errors and that the products conform to your expectations. Product descriptions and prices can change without prior notice.
If the products ordered are not available, we will inform you via email and give you the option to wait and see whether the items will become available again or to cancel the order for a full refund.
We reserve the right to discontinue products at any time and at our discretion or to refuse to accept orders from certain geographic regions or to limit the quantities which are available for sale in the webshop.
5. Prices and Payment
The price of a product corresponds to the information given on our website, with the exception of obvious errors. In the case of obvious errors in pricing which you should have reasonably been able to recognize as incorrect, we will calculate the correct price even if we have already sent you the acknowledgment of the order.
The total price of your order, including VAT and shipping costs, is shown at the end of the online ordering process. Price fluctuations are possible. The authoritative price is the one shown at the time the offer was accepted. By confirming the order, you agree to the price shown.
The purchase price and any shipping costs which arise are due upon conclusion of the contract, subject to the following provisions.
The purchase price can be settled using the credit cards referred to during the ordering process. Your credit card will be charged the full amount owed at the time the order or pre-order is placed
Credit card holders are subject to validity checks and approvals by the credit card issuers. We have the right to use personal data belonging to the card holder, together with third parties to the extent necessary, in order to carry out such checks ourselves and to process payments. If the card issuer should refuse the approval of the payment to us, we have the right to delay delivery or cancel the order or pre-order.
For purchases made on invoice, the amount of the invoice is payable no later than the date given on the invoice to the account of our external partner given on the invoice. Invoicing as a payment method depends on, among other things, a successful credit check by our payment provider. For a purchase on invoice, the payment is made through our external partner, to which we cede our demand for payment of the purchase price arising from the sales contract. In this case, only payments made to our external partner serve to settle any outstanding debts.
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
For general customer inquiries (e.g. on items, delivery times, shipments), returns, complaints, cancellations of permissions or shipments, or credit, we remain responsible.
The items are sent to the delivery address provided with your order. The delivery is made within 1 to 3 business days after the date of the order, unless something different was expressly agreed at the time the order was submitted.
If we are not able to ship the items you ordered within 30 days of the order date confirmed by us, you can cancel your order free of charge and we will process a full refund to you using the same payment method through which we received your payment. For subscription models/pre-orders, the waiting period until you may cancel your order is 90 days from the expected delivery date confirmed by us.
At the moment the item is received, you are obligated to check the shipment for completeness and correctness. Missing, broken or damaged products must be reported to us in writing immediately after delivery.
As a customer, you have the right to cancel your agreement to the contract in writing (e.g. letter, email, fax), or by sending back the item, without giving reasons within 14 days of receiving the item. The cancellation period begins on the day the item is received by the recipient.
The timely sending of the cancellation or the item itself is sufficient to comply with the deadline. Customers need to bear the cost of the return of items. The cancellation declaration can be sent by post or email to the following address:
Mondaine Watch Ltd.
For returned items, the customer bears the burden of proof.
If you have canceled the contract, you must return or hand over the items (including any other items which were included in the shipment) immediately, undamaged and together with the receipt, within fourteen days at the latest from the day on which you notified us of the cancellation. The deadline has been observed if you have sent the items before the end of the fourteen-day period. If you cancel the contract in accordance with the present conditions and return the items, we will refund to you the price paid within 14 days from the day on which we receive the returned items and by the same means which you used to pay. If not all of the items contained in the shipment are returned, or if the watch is not in its original condition (i.e. it was used or damaged beyond what was necessary to check its quality or functionality), we have the right to deduct the cost of the missing items or the replacement of the damaged parts from the reimbursement.
This right of cancellation does not apply to contracts for the delivery of goods which are not pre-fabricated or the manufacture of which includes a significant individual selection or determination by the consumer or which has been clearly adapted to the personal needs of the consumer.
For the watch you purchase from our webshop, there is a two year guarantee from the date of purchase against all manufacturing defects. You can find the complete guarantee conditions on the guarantee certificate delivered with each watch.
The guarantee does not apply to natural wear and tear, batteries, wrist bands, crystal and crown and does not cover scratches or damage due to accident, willful damage, and incorrect use or any alterations, maintenance or repairs conducted by anyone other than the authorized MISO® Service Center providers listed on our website www.mondaine.ch.
When a defect covered by the guarantee is present, your watch will be repaired or replaced at the discretion of the MISO Service Center free of charge. As a replacement, you will receive a Mondaine watch of the same model or a model of comparable value.
Any other obligations, including liability for accidental, consequential or other damages as well as any possible implied guarantees are excluded from the present guarantee.
The present guarantee applies exclusively to watches purchased through this webshop or an authorized Mondaine retailer and which can be proven to have come from an authorized retailer via the original copy of the duly signed, dated and stamped Mondaine guarantee certificate. Claims arising from this can be submitted either to an authorized Mondaine retailer or by sending the product to a MISO® Service Center. The return must include the original Mondaine guarantee voucher, completely and correctly filled out and stamped. Customers need to bear the postal cost for returns. All returns based on this guarantee are to be sent as packages to the following address:
Mondaine Watch Ldt.
In cases of unjustified complaints which are not covered by the Mondaine Watch Ltd. guarantee, Mondaine Watch Ltd. reserves the right to invoice you for any costs arising from the examination and return of the product.
Our liability regarding items sold in our webshop is limited to the amount of the purchase price of the product.
Under no circumstances are we liable for losses, claims or indirect, direct, accidental or consequential damages of any kind, including but not limited to lost profits, sales or savings, lost data, replacement costs or similar damages, either on the basis of the contractual agreement or any other legal basis arising in connection with sales transactions carried out via our webshop, provided these are not caused by willful misconduct or gross negligence on our part.
In cases in which we rely on delivery companies or third party service providers, we exclude, to the extent permitted by law, any liability for delays, damages or losses arising from the services of such delivery companies or third party service providers.
10. Severability Clause
Should one of the provisions of the present General Terms and Conditions be or become invalid or unenforceable, the provision shall be adapted and not stricken in order to match the objective and economic purpose of these Conditions as closely as possible. The validity of all remaining provisions of the present General Terms and Conditions remain unaffected and fully applicable to the extent of the law.
We have the right to change these Terms and Conditions from time to time, provided that these changes do not apply to orders placed prior to the publication of the altered Conditions on our website.
Without our prior written approval, you do not have the right to transfer, relinquish or otherwise render to third parties the rights or obligations arising from the contract between yourself and Mondaine Watch Ltd.
13. Applicable law and jurisdiction
All legal transactions between the customer and Mondaine Watch Ltd. are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any other international agreements do not apply. This choice of law applies to the extent that the protection it provides is not revoked by any compelling regulations of the national laws in the country in which the consumer habitually resides.
The jurisdiction for all disputes arising from or in connection with the legal relations between Mondaine Watch Ltd. and the customer is the place of business or residence of the customer.