GENERAL CONDITIONS
BUY A WATCH
INTRODUCTION
This section (together with any documents expressly referred to in it) provides you with information about us and the terms and conditions that apply to any contract entered into between you and us for the sale of our Products.
It is important that you read and understand these terms and conditions before placing an Order. If you do not understand or do not agree to any term, please discuss this with a member of our sales team before placing your Order or, if no member of our sales team is available, contact our customer service team by telephone ( +41 79 725 19 99 ) or by email (info@genevawatchco.com).
By ordering any of our Products, you agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for any future orders. These terms and conditions apply to individuals only. If you are a business, please ask a member of our sales team for the applicable terms and conditions.
Please ensure that you have read and understood clauses 15 and 16 of these general conditions in particular, which contain important information relating to the limitation and/or exclusion of our liability.
DEFINITIONS
- If the following terms are used in these Terms, they shall have the meanings ascribed to them below: defined in clause 16.
Products: the watch, winder, accessory or other items that we sell pursuant to the Order.
Order: your order relating to the Products.
Our Website, the Website: the website accessible at genevawatchco.com.
Documents: The Products’ original warranty certificate, which includes: (1) the name of the authorized dealer who originally sold the Products; (2) the serial number of the Products; and (3) the date of the Products’ initial sale. Documents do not include the user manual or service documents.
Conditions: these general conditions.
Geneva Watch Co, we, us, our: Geneva Watch Co. Management SA, whose registered office is located at Place de la Synagogue 5,
1204 Geneva.
Service: maintenance, repair, battery replacement, testing, links (addition or removal) and/or other services if applicable.
Working days: day other than a Saturday, Sunday or public holiday in Switzerland. - The headings of the clauses do not affect the interpretation of these Conditions.
- Written notice includes emails.
- Unless the context otherwise requires, the singular includes the plural and vice versa.
- Any formula introduced by the words “notably”, “including”, “in particular”, “for example”, or any similar expression refers to an example and in no way limits the scope of the terms preceding it.
OUR CONTRACT WITH YOU
- An age restriction applies to our Products. By ordering a Product, you declare that you are eighteen (18) years of age or older.
- You can review your Order and correct any errors before submitting it. Take the time to read and review your Order on each page of the Order process.
- When you submit an Order, we must confirm it. Confirmation of your Order will be done as described in clause 2(d).
- If we confirm your Order, you will receive an email (Order Confirmation). The contract between us will only be concluded once you have received the Order Confirmation. Products that are part of the same Order and have not been confirmed in the Order Confirmation will not form part of the contract.
- In some cases, a strap not coming from the manufacturer may be fitted to a watch.
- From time to time, Products listed for sale on our website will not be ready for dispatch until Services have been completed (for example, the Products are with a manufacturer performing services or awaiting parts at the time you place your Order). We will inform you before accepting the Order if this applies to your Order. We aim to complete the Services within a reasonable time and to meet any expected completion dates where applicable. However, as we use third parties, it is difficult to provide precise completion dates for Services and completion of Services, in exceptional circumstances, may take up to two (2) months from acceptance of your Order. You may cancel your Order at any time before the Products are dispatched – see clause 13 which describes your rights to cancel your contract with us.
- All Products remain available for sale on our Website until we have accepted your Order. You will receive an Order Confirmation to this effect.
- The images of the Products on our website are for illustrative purposes only. We make every effort to display the colours accurately. However, we cannot guarantee that the colours displayed by your computer will accurately reflect the colour of the Products. Your Products may vary slightly from these images.
- The packaging of the Products may differ from that illustrated on the Website.
- If our Make an Offer feature is enabled on our website and you wish to use it, please take the time to read and understand our Make an Offer Terms and Conditions.
- We cannot guarantee the authenticity of boxes and other packaging.
PRICE AND PAYMENT
Please note that all amounts stated in these Terms are expressed in Swiss Francs (CHF).
- The price of the Products will be set out in your Order. Our prices may change at any time. However, these changes will not affect any Orders that we have confirmed.
- Prices shown on our website are in Swiss Francs (CHF). Payments must be made in Swiss Francs (CHF) and refunds will be made in Swiss Francs (CHF) only. We are not responsible for exchange rate fluctuations, which may affect refunds if you reside outside of Switzerland.
- The price shown includes VAT (or other similar sales tax).
- The price of the Products excludes delivery charges. You will be informed of the delivery charges in accordance with clause 4(c) and these will be added to the total amount due and displayed on the Order summary page of our website before you place your Order.
- If for any reason there has been an error in the price shown, we will rectify the price as soon as we reasonably can after being notified of the error. If the pricing error is clear and obvious in the sense that it could reasonably have been recognised by you as a pricing error, we are not obliged to sell the Products to you at the incorrect price. We accept no liability for accidental mistakes or errors due to system failures. If it is not possible to contact you and you do not respond to our email about the pricing error within five (5) Business Days, we will cancel the Order, notify you by email and refund any sums already paid within fourteen (14) days of the date of cancellation of your Order (unless we suspect fraudulent card payment, see clause 17).
- You must make payment for the Products at the time you place an Order, unless otherwise agreed, and in any event we must receive full payment before we dispatch the Products. Unless we tell you otherwise, we accept the following payment methods if you are resident in Switzerland:
- Credit or debit card: payments must be made with the 3D Secure authentication protocol;
- Cash: We accept cash payments of up to CHF 99,999 in our showroom in Switzerland. You will be asked for identification and proof of address for all cash payments made in our boutiques in Switzerland of CHF 2,000 or more;
- Bank draft: payable to Geneva Watch Co. Management SA. All drafts will be authenticated by our bank before dispatch of the Products;
- Bank transfer: Payable to Geneva Watch Co. Management SA. All drafts will be authenticated by our bank before the Goods are dispatched;
- Partial Exchange: If your purchase of Products also includes the sale of a watch, we may accept a partial exchange. We will notify you of the amount we are allocating to your watch before confirming your Order. If this amount is higher than the price of purchase of the Products, we will provide you with the corresponding credit by bank transfer. If this amount is less than the purchase price of the Products, you can pay the balance using another payment method listed above. Our general conditions Sell Your Watch also apply.
- Financing Options: We have a business relationship with a credit institution that offers various financing options. We and/or our credit institution may refuse financing requests at our discretion. If we or our credit institution refuse your request, you can either pay for the goods using another means of payment or cancel your order. More complete information about these financing options is available on the Website.
- If you reside outside Switzerland, you must pay for the Products by international bank transfer.
- The Order Summary on our website shows the price of the Products in detail, the delivery costs and any additional charges for credit card payments and indicates the total amount to be paid.
- If we agree an initial deposit and after payment of the deposit we do not receive the balance within fourteen (14) days of receipt of payment of the deposit, we reserve the right to cancel your Order and relist the Products for sale on our website. We will notify you by email five (5) days in advance and will refund your deposit within fourteen (14) days of the date of cancellation of your Order (unless we suspect fraudulent card payment, see clause 17).
- Please see clause 13(o) of the 'Buy a Watch' Terms for when a credit note is used.
DELIVERY
- The dates for dispatch and delivery of the Products, established in good faith, are communicated to you for information purposes only, and in exceptional circumstances delivery may take up to two (2) months from acceptance of your Order. Occasionally, delivery may be delayed by an Event Outside Our Control. See clause 16 relating to our liabilities when this occurs.
- We do not ship to the following countries (the “Excluded Countries” ): Afghanistan, Angola, Armenia, Azerbaijan, Democratic Republic of Congo (formerly Zaire), Iran, Iraq, Kazakhstan, Kyrgyzstan, Kosovo, Lebanon, Liberia, Nigeria, North Korea, Rwanda, Somalia, Sudan (North and South), Syria, Tajikistan, Turkmenistan, Uzbekistan and Yemen. If you wish to receive your Products in any of these countries, we will do our best to arrange delivery and insurance, at your expense, before confirming your Order. Please contact a member of our sales team to discuss your options before placing an Order or our customer service team by telephone ( +41 79 725 19 99 ) or by email (info@genevawatchco.com).
- Delivery charges will be shown on the Order summary on our website or will be communicated to you by a member of our sales team before you place your Order.
- Deliveries within Switzerland are made by DHL or FedEx. The same applies to deliveries outside Switzerland. We will not be held responsible for delays in delivery of the Products due to an Event beyond our control or if you fail to give us appropriate delivery instructions.
- A signature is required for receipt of the Products, by an adult (aged eighteen (18) years or older) at the delivery address (either you or a member of your household). If you are not present at the time of delivery by the carrier, the carrier may leave a delivery notice to allow you to arrange delivery at a more convenient time. You may be required to collect the Products from a local distribution branch provided that you provide proof of identity. You must not sign the delivery note for any package that has been opened or damaged and you must refuse delivery.
- We will deliver the Products to the address specified in your Order. If you pay by debit or credit card, the Products should be sent to the cardholder's billing address. However, we will endeavour to send the Products to a business address upon request, provided that you comply with our shipping service's reasonable instructions.
- Products may be collected from our offices by appointment only for security reasons. An appointment on a weekend must be confirmed by 5pm on the previous Business Day. You acknowledge that we will not be liable for any losses you incur, including travel expenses, if you attend our offices without making an appointment in advance.
- Delivery of the Products will be made and complete when we have delivered the Products to the address indicated on your Order or when the Products have been collected from our offices (by you or your representative).
- If you arrange for another transport company to collect the Products, delivery will be made when the Products have been collected from our offices. This means that we cannot be held responsible for any loss or damage to the Product during transport.
- The Products will be your sole responsibility once delivery has been made.
- You own the Products once we have received full payment.
CUSTOMS DUTIES
If you reside outside Switzerland, you may also have to pay import duties or other taxes or charges applied by the customs or other competent authorities in the country of receipt. You must comply with all applicable laws and regulations of the country in which you receive the Products. All amounts relating to the importation of the Products are your responsibility. We have no control over these charges and cannot predict their amount. If you are unsure what amounts you will have to pay in connection with your Order, we recommend that you contact the customs administration for further information.
MANUFACTURER WARRANTY
- Certain Products we sell are under manufacturer warranty. For more information on the applicable conditions, please refer to the Documents provided with the Products or visit the manufacturer's website.
- As a consumer, the manufacturer's warranty is in addition to the mandatory rights granted to you by current legislation for defective products or those that do not conform to the displayed description.
Geneva Watch Co WARRANTY
- We offer a full or limited warranty with our Used Products for a period of twelve (24) months from the date of delivery in accordance with our general warranty conditions. Please take the time to read and understand these conditions. Our warranty does not apply to Products that are generally covered by a third-party manufacturer's warranty.
- As a consumer, the guarantee we offer is in addition to the mandatory rights granted to you by current legislation for defective products or those not in conformity with the displayed description.
WATER RESISTANCE
- If your Order includes a wristwatch (' Watch '), please be aware that water-resistant Watches are not water-resistant. For example, Watches advertised as being water-resistant to 30 meters (100 feet/3 ATM) are splash-proof only. All Watches we sell are classified in detail in the glossary available on our website.
- All our Watches are tested prior to sale to ensure that the advertised water resistance is correct. You acknowledge and agree that we will not replace the gaskets and/or sealing rings if the Watch successfully passes our tests prior to shipment.
- Water resistance (or “water resistance”) is described in meters, or bars (1 bar = 10 m = approximately 33 feet). It is important to note that the water resistance rating in meters is a technical standard and does not correspond to an exact depth. “Water resistant to 10 m” does not mean that the watch can be worn to that depth. Rather, it indicates that the watch withstands a pressure equivalent to static immersion up to 10 m deep. The wearer’s movements (diving, jumping, swimming, etc.) as well as the force of the water (shower jets, river currents, waterfalls, etc.) can significantly increase the pressure.
- Water resistance (or “water resistance”) is described in meters, or bars (1 bar = 10 m = approximately 33 feet). It is important to note that the water resistance rating in meters is a technical standard and does not correspond to an exact depth. “Water resistant to 10 m” does not mean that the watch can be worn to that depth. Rather, it indicates that the watch withstands a pressure equivalent to static immersion up to 10 m deep. The wearer’s movements (diving, jumping, swimming, etc.) as well as the force of the water (shower jets, river currents, waterfalls, etc.) can significantly increase the pressure.
BRACELET SIZES
Given the nature of our Products, bracelet sizes may vary as we do not always have all links in stock. We will ask you to specify the bracelet size you require before confirming your Order and we will endeavour to provide you with the correct bracelet. Where we indicate that a Watch has intact gaskets, the bracelet will not be adjusted. Where the size requested exceeds our standard size, additional links will be provided at your expense or at our discretion. Where no size is indicated, you will be charged for any additional links.
DATE OF DOCUMENTS
- If the Products are sold with Documents, the age of the Products is calculated based on the date on the Documents, which is the date the authorized reseller has officially stamped the Documents (“Age”). You acknowledge that the date of manufacture may be much earlier than the date of the Documents.
- If the Products are sold without Documents, it may be difficult to calculate their Age, particularly for older Products. The Age has been given in good faith (calculated by reference to the serial number where possible, to the previous owner's information or other indications), however you acknowledge that the Age of the Products listed on the Website is given for information purposes only.
- If the Products are sold without a Document, we exclude any liability or warranty, express or implied, in relation to the accuracy of the Age of the Products.
RETURN POLICY
- Purchases made in store may be exchanged but not refunded if returned unused within fourteen (14) days of the date of purchase. If no exchange is possible, a credit note for the purchase price will be issued. Please see clause 13(o) for this. This does not affect your mandatory consumer rights.
- Purchases made online can only be exchanged or refunded within fourteen (14) days of the date of purchase and if they have not been used. Purchases made online are accompanied by a security label for returns which allows the Products to be tried and examined for defects. Returns will be refused if this label has been damaged or removed. Examine the Products carefully to ensure that you are completely satisfied with them before removing the label.
- The cost of return, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend that you use a tracking system and keep proof of postage. You must insure the Products for their full value. You must ensure that you package the Products properly to avoid damage in transit. Packaging and insurance are your responsibility. In the event of a return, Geneva Watch Co. accepts no liability for the return of the Products. You must return the Products or drop them off at us as soon as possible and in any event no later than fourteen (14) days after the date on which you informed us of the cancellation of the contract. The deadline is met if you return the Products before the expiry of the fourteen (14) day period.
- You must return all defective Products (including Documents, links, user manual, service papers and boxes) promptly and within fourteen (14) days from the date you notify us.
- If your Products are faulty upon delivery, we will reimburse you for your reasonable return costs if you follow our returns instructions and provide us with a receipt.
- If you send your watch for service to Time Services, we will reship your watch to you once the service is completed by DHL or FedEx and the return shipping costs will be at your expense.
- If we receive a watch for a service that, after our estimate, is not carried out, return costs will apply if you reside in Switzerland (unless the decision not to carry out the service is ours, in which case no return costs will apply). If you reside outside Switzerland, a carrier will be selected by us and the return costs and insurance will be your responsibility.
- If you are a resident of Switzerland and submit a valid warranty claim, we will provide you with a prepaid envelope to return your watch and we will not charge you for return and packaging costs (unless the service only includes battery replacement and/or the addition or removal of links, which are not covered by the warranty). We will charge you for return, packaging, insurance and all other customs fees and taxes incurred for warranty services if you are not a resident of Switzerland. In all cases, it is your responsibility to package your watch properly to avoid damage during transport.
- If you reside outside of Switzerland, you may also have to pay import or export duties or other taxes and fees applied by customs or other competent authorities for services performed on your watch, particularly if you do not complete the appropriate declarations (you must mark the watch as a “return for repair”). You must comply with all laws and regulations in force in your country. Any additional customs clearance fees are your responsibility. We have no control over these fees and cannot predict their amount. If in doubt, we invite you to contact the customs administration for more information.
DEFECTIVE PRODUCTS
- We are required to provide you with Products that comply with the contract.
- You must inspect the Products as soon as possible after delivery and you must promptly notify us if they are faulty or not as described (“ Faulty ”) upon delivery or if you discover any defects later.
- You must take reasonable care of the Products and return all Defective Products (including Documents, links, user manual, service papers and cases) promptly and within fourteen (14) days from the date you notify us.
- After confirmation from us, following inspection and/or testing of the Defective Products upon delivery and provided that you were not informed of the defects in question when purchasing the Product, you have the following means:
- you may ask us to refund the amount paid, less any loss or damage to the Documents, if the relevant Products (including the Documents, links, user manual, service papers and cases) are returned within thirty (30) days from the date of delivery;
- you may ask us to replace the Products. However, you acknowledge that given the nature of the Products we may not be able to find a suitable alternative and are under no obligation to replace the Products if this proves impossible or involves excessive costs, particularly given the value that the Products would have if they were in conformity with the sales contract and the significance of the defect. In this case, you will be limited to a refund or repair in accordance with the conditions set out in this clause 12;
- you may ask us to repair the Products. However, we are not obliged to do so if this proves impossible or involves disproportionate costs, taking into account, in particular, the value that the Products would have if they were in conformity with the contract and the significance of the defect. In this case, you will be limited to a refund or replacement in accordance with the conditions set out in this clause 12; or
- if we are unable to repair or replace the Products after one or more attempts, you may ask us to refund your payment less: a) a reasonable deduction in accordance with clause 12(j) for loss or damage to Documents; and b) a reasonable deduction for wear and tear (which is the cost of repair) if the relevant Products (including Documents, links, user manual, service papers and cases) are returned six (6) months after delivery.
- Any refunds due in accordance with this clause 12 will be paid within fourteen (14) days of the return of the Products (including Documents, links, user manual, service papers and boxes) if you are entitled to a refund.
- You acknowledge that the Documents (if any) significantly increase the value of the Products and that their absence or deterioration affects the value of the Products. If you return the Products without Documents or with damaged Documents, we will deduct from the refund a reasonable amount not exceeding 25% of the purchase price.
- We reserve the right to limit the remedies available to you if Documents are missing or damaged.
- Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend that you use a tracking system and retain proof of postage. You must insure the Products for their full value. You must ensure that you package the Products properly to avoid damage in transit.
- Given that we use third parties and the limited number of watchmakers in the world, you acknowledge that a reasonable repair time may extend over several months in the event of Events beyond our control, for example, when the involvement of the manufacturer is necessary to carry out the repair (in particular, the supply of parts).
- If you purchase multiple Products under the same Order, and only some of them are faulty, you may return the Faulty Products in accordance with this clause 12, but this does not entitle you to return any other Products which are not faulty.
- To discuss a problem related to your Order, contact the sales consultant who processed your Order or our customer service by telephone +41 79 725 19 99 or by e-mail (info@genevawatchco.com).
- As a consumer, you have rights in relation to Defective Products. Nothing in our Terms affects your statutory rights.
YOUR RIGHT TO CANCEL
- Subject to clause 12(b), you have the right to cancel your Order within the period set out in clause 12(c) and receive a full refund.
- The right to cancel does not apply to Products purchased from our premises and/or if the Products have been adjusted to meet your specifications, or personalised.
- Purchases made in store may be exchanged, but not refunded, if returned unused within fourteen (14) days of the date of purchase. If the exchange is not possible on that day, a purchase credit will be issued, corresponding to the amount of the purchase price. See clause 13(o) for more information. This provision does not affect your consumer rights.
- You may cancel your Order without giving any reason. The cancellation period expires fourteen (14) days after the date on which the Products are delivered to you or to the recipient you have designated. If your Order includes multiple Products, this period expires on the day following the date of delivery of the last Products.
- To exercise the right of cancellation you must inform us. Send an e-mail to the sales consultant who processed your Order or to our customer service (info@genevawatchco.com). You can also contact us by dialing +41 79 725 19 99 or write to us at the following address: Geneva Watch Co. Management SA, Place de la Synagogue 5, 1204 Geneva
- If you cancel your Order, we will refund you in full.
- We may make a deduction from the refund for loss in value of the Products due to unnecessary handling by you. You must take reasonable care of the Products and return any defective Products (including Documents, links, user manual, service papers and boxes). The Products must be in their original condition.
- You acknowledge that Documents (if any) significantly increase the value of the Products and that their absence or deterioration affects the value of the Products. If you return the Products without Documents or with damaged Documents, we will deduct from the refund a reasonable amount not exceeding 25% of the purchase price.
- Returned Products are inspected by our team. You will be required to pay for the Restoration Services if our team finds that you have not returned the Products to us in their original condition or that they have been damaged or altered by use beyond what is necessary to determine the nature, characteristics and functioning of the Products.
- Return postage, packaging and insurance will be your responsibility and you must follow our reasonable instructions. We recommend that you use a tracking system and retain proof of postage. You must insure the Products for their full value. You must ensure that you package the Products properly to avoid damage in transit.
- If the Products are returned to you as a result of a refused sale, packaging and insurance will be at your expense. Geneva Watch Co. declines all responsibility for the proper delivery of the Products in this case.
- You must return the Products or deposit them with us as soon as possible and in any event not later than fourteen (14) days after the day on which you informed us of the cancellation of the contract. The deadline is met if you return the products before the expiry of the period of fourteen (14) days.
- Provided you comply with the terms of this clause, your cancellation will be considered within fourteen (14) days of the date on which we received the returned Products or received proof of return of the Products, whichever is the earliest. If a refund is appropriate, we will make it using the same means of payment as you used for the initial transaction, unless you have agreed otherwise; in any event, you will not incur any fees arising from the refund.
- Nothing in our Terms affects your statutory rights.
- A credit note in your favour has no time limit on its validity and can be used to purchase any Product in stock. If you return a Product paid for by credit note to us, and for a valid reason as set out in these Conditions, you will be issued a new credit note. Once you have selected your Product:
If the amount of your credit note is greater than the purchase price of the Product, the remaining amount will remain in your favor without a cash refund. If you decide to return the Product to us, you will benefit from a new credit note.
If the amount of your credit note is less than the total purchase amount of the Product, you will have to pay us the difference. If you have a valid reason to return the Product to us, we will send you a new credit note for an amount identical to your initial credit note and the difference will be refunded to you.
Please retain originals of your credit notes as copies will not be accepted. The credit note must be presented in advance at the point of sale so that the stock item can be collected or shipped.
OUR RIGHT TO CANCELLATION
- We may need to cancel an Order before delivery of the Products, for example, due to an Event Outside Our Control or unavailability. We will contact you as soon as possible if this is the case.
- If we have to cancel an Order and you have made payment in advance for Products which have not been delivered to you, we will refund those amounts to you within seven (7) Business Days (unless we suspect fraudulent card payment, see clause 17).
OUR RESPONSIBILITY
- We supply the Products for domestic and private use only. You agree not to use the Products for any commercial, business or resale purposes, and we accept no liability in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, loss of business or loss of opportunity.
- We disclaim all liability, whether in contract, tort (including negligence), breach of statutory or other obligations, for any damages, whether direct or indirect, arising from or related to our failure to comply with these Terms.
- Subject to clause 15(d), our liability to you in respect of damages arising out of or in connection with the sale of the Products, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall (to the fullest extent permitted by applicable law) in no event exceed the purchase price paid for the Products.
- Nothing in these Terms limits or excludes our liability for any reason where it would be unlawful to do so (including, without limitation, for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation).
EVENTS BEYOND OUR CONTROL
- We will not be liable for any failure or delay in performance of our obligations under these Terms that is caused by Events Outside Our Control. This provision does not affect your statutory rights.
- An Event Outside Our Control means an act or event beyond our reasonable control, including natural disasters, building collapses, fires, floods, severe weather, explosions, accidents, wars, acts of terrorism, industrial disputes (not involving our employees), acts of local or central government or other competent authorities, interruptions or failures of public services, interruptions or failures of our website or computer systems caused by third parties, or delays or failures in the performance of our obligations caused by third parties, including manufacturers, finance organisations, Royal Mail, DHL or Fedex.
FRAUDULENT PAYMENTS
If we suspect fraudulent debit or credit card payment, we will not dispatch the Products or issue any refund until our bank authorises it.
BUYBACK GUARANTEE
Some of our Products are covered by our Buyback Guarantee. If included with your Order, please take the time to read and understand our Buyback Guarantee terms and conditions.
PROMOTIONS
If you wish to place an Order following a promotion, please take the time to read and understand our general conditions relating to Promotions.
CONFIDENTIALITY
We use your personal information only in strict accordance with our Privacy Policy. Please take the time to read and understand our Privacy Policy as it contains important provisions that apply to you.
ENTIRE AGREEMENT
These Terms (together with any documents expressly referred to in them) constitute the entire agreement between you and us and supersede and replace all prior agreements, understandings and agreements between you and us, whether oral or written, relating to the subject matter hereof.
COMMUNICATIONS BETWEEN US
- If you wish to contact us in writing, or if any provision of these Terms requires that you give written notice, you may send an email to Geneva Watch Co. at info@genevawatchco.com or by prepaid mail to Geneva Watch Co. Management SA,
Synagogue Square 5,
1204 Geneva, Switzerland. - If we have to contact you or give notice in writing, we will do so by email or pre-paid post to the address you have given us.
WAIVER
- If we are unable to insist on your performance of your contractual obligations under these Terms, or if we are unable to use the means at our disposal to ensure that you honour your contractual obligations, this shall not constitute any form of waiver on our part and you remain contractually obligated to us.
- A waiver by us of any breach shall not constitute a waiver by us of any subsequent breach.
- No waiver by us will be effective unless confirmed in writing.
INDEPENDENCE OF CLAUSES
If any court or competent authority decides that any provision or paragraph of these Conditions, or any provision of a Contract, is invalid, illegal or unenforceable, that provision or paragraph shall, to the extent required, be deemed to be ineffective, and the validity and enforceability of the other provisions or paragraphs of the Contract shall not be affected.
THIRD PARTY RIGHTS
Except where expressly stated, this contract is between you and us. No third party may rely on it.
OUR RIGHT TO MODIFY THESE TERMS
- We reserve the right to modify or revise these Terms at any time.
- You are subject to the Terms in force at the time you agree to the Terms, unless changes are required by a change in the law or by a competent authority (having retroactive effect on your past Orders), or if we notify you of changes to our Terms before you accept the purchase, in which case you will be deemed to have acknowledged and accepted such changes).
TRANSFER OF OUR RIGHTS AND OBLIGATIONS
We reserve the right to transfer our rights and obligations under these Terms to another organisation, and we will notify you in writing if we do so. However, this does not change our rights and obligations under these Terms.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions, and any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Convention”).
The parties agree that the courts of Geneva, Switzerland shall have jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims).
CONTACT INFORMATION
Geneva Watch Co is a trading name of Geneva Watch Co. Management SA, Place de la Synagogue 5, 1204 Geneva
As a consumer, nothing in these Terms affects your statutory rights.
SELL YOUR WATCH
INTRODUCTION
This section (together with the documents expressly referred to in it) provides you with information about us and the terms and conditions on which you sell your watch.
These terms and conditions apply to any contract between you and us for the sale of your watch to or through Geneva Watch Co. Please read these terms and conditions carefully and ensure that you understand them before selling any items to or through Geneva Watch Co. Please note that by selling your watch to Geneva Watch Co, or instructing them to sell it on your behalf, you agree to be bound by these terms and conditions and any other documents expressly referred to in them.
If you refuse to accept these terms and conditions, you will not be able to sell your watch to Geneva Watch Co or through our website.
These terms and conditions should be read in conjunction with our 'Privacy Policy' and 'Website Terms of Use'.
Please ensure that you have read and understood clauses 14 and 18 of these general conditions in particular, which contain important information relating to the limitation and/or exclusion of our liability.
DEFINITIONS
- The following definitions and rules of interpretation apply in these general conditions: Geneva Watch Co. Management SA,
Synagogue Square 5,
1204 Geneva is any person or entity that wishes to sell an item to or through Geneva Watch Co. - The headings of the clauses do not affect the interpretation of these general conditions.
- Unless the context otherwise requires, the singular includes the plural and vice versa.
OUR CONTRACT WITH YOU
- If you wish to sell your watch to Geneva Watch Co., you will need to provide us with details of your watch, including model, make and condition, either by recording the details on the 'Sell Your Watch' page of our website or by browsing our catalogue on the 'Sell Your Watch' page to find the watch you wish to sell.
- Provide complete and accurate information about your watch. Any estimate, while given in good faith, is based on a combination of factors, including, but not limited to, the information you provide. False, inaccurate or misleading information may result in an inaccurate estimate that you cannot rely on.
- You will receive an email or online notification with an initial estimate.
- Please note that we may ask you for proof of purchase, at our discretion (original purchase receipt or invoice), as well as other reasonable documents related to the purchase of your watch. For more information, see the “Proof of Purchase” clause.
- Estimates are provided “subject to contract” and are not legally binding. We reserve the right to change or withdraw the estimate at any time and without liability to you.
- If the first estimate is satisfactory to you, you will need to arrange for the watch to be sent to our offices in accordance with the “Delivery” clause below or drop it off in store with our designated agent (“Agent”). The Agent will then arrange for the watch to be delivered to our offices.
- Upon receipt of your watch at our offices, the purchase of your watch is subject to careful examinations which may include a search in The Watch Register (a subsidiary of the Art Loss Register) or similar, and an inspection. Once a clear result is received, an inspection of your watch and accompanying Documents will be carried out. We, or our Agent, will contact you by email with a final valuation of your watch. An inspection or testing does not diminish or affect your obligations under the contract, including, without limitation, those listed in the “Your Undertakings” clause below.
- We may re-appraise your watch in cases where: (i) the watch does not fully conform to the information provided during the appraisal; (ii) the condition is such that it significantly reduces the value of the watch; (iii) other relevant factors not disclosed affect the appraisal; and/or (iv) for any other reason.
- If you wish to proceed with a sale, you will need to accept our final valuation. The contract between us will not be truly concluded until you have accepted the final valuation price. Upon your acceptance, we, or our Agent, will send you an email either: (a) confirming the agreed payment amount (see “Payment” clause below), the date of payment and the method of payment; or (b) if you are exchanging your watch for a new watch sold by the Agent, we will issue a credit note (and associated unique reference number), which will be deducted from the purchase price of the new watch sold by the Agent.
- You may purchase a watch from us if we take back your current watch. The sale of your current watch and the purchase of a watch from us will be treated as separate contracts with the corresponding terms and conditions applying to each of these transactions. If you sell your watch as part of a part exchange, you are subject to the “Sell Your Watch” terms and conditions. If you buy a watch from us, you are subject to the “Buy Your Watch” terms and conditions. The contract between us under these terms and conditions will only be effectively concluded once you have accepted the final price offered. For more information, see the “Partial Exchange” clause below. If you purchase a new watch from the Agent as part of a part exchange of your current watch, you will be subject to the Agent’s terms and conditions of sale.
- Please note that if you visit our showroom or the Agent's boutique, in order to sell your watch, you will need to provide two original forms of identification. For more information, see the "Identification" clause below. If you sell in person, we will provide you with an estimate and, if you accept it, the contract will be concluded when you sign our standard receipt.
- You can follow the procedure by logging into your Geneva Watch Co. account. We will also keep you regularly informed by e-mail.
PRICE AND PAYMENT
- The prices on our estimates and all refunds we make are in Swiss Francs (CHF). The price shown is exclusive of tax. Please check the current VAT rates for more information. If you are required to refund any amount to us, this will also be in Swiss Francs (CHF). You are responsible for the exchange rate and should note that refund amounts may be affected by it.
- We will make the payment to the bank account you have provided to us or if you opt for a partial exchange of your watch for a new watch sold by the Agent, we will issue a credit note (and an associated unique reference number), which will be deducted from the purchase price of the new watch sold by the Agent. Please note that you are responsible for ensuring that your bank details are correct. We accept no liability if you provide us with incorrect bank details.
- Payment will be made by bank transfer and it may take approximately seven (7) Business Days for the funds to appear in your account after the due date. We accept no liability for any unavoidable delay. We reserve the right to pay by any other method of payment where this is reasonable. You must enter your bank details and are responsible for the accuracy of these details.
- Payment to a designated third party is generally unacceptable. Additional bank fees may apply for international sellers.
- If we discover that the watch is counterfeit, lost, stolen or damaged or that you are not the owner of the watch or that any other undertaking you have made in accordance with the clause "Your undertakings" or any other of your contractual obligations is not respected, we reserve the right, without prejudice to other rights and remedies available to us, to terminate the contract(s). If we decide to exercise this right, we will notify you by telephone and/or e-mail as soon as possible after becoming aware of the reason. In this case, payment will not be due. If we have already made the payment, or if you have already purchased a new watch from the Agent using the credit note issued for your watch, you must refund us the full purchase price paid or pay us the full amount of the credit note within seven (7) days from the date of receipt of our notification. If the sale included a partial exchange with us, see the clause "Partial Exchange" below.
- Any amount owed to us by you, including, without limitation, any service fees agreed between us, will be deducted from any payment we make to you.
- The price on the estimate excludes import duties or other taxes and charges (see “Customs Duties” below).
- You will pay all amounts due under these Terms and Conditions in full and without deduction or withholding except as required by law, and you will not be entitled to any refund, set-off or counterclaim against us to justify the suspension of payment of any amount in whole or in part.
- It is always possible, despite our best efforts, that we may provide you with an incorrect estimate. If for any reason an error has occurred in the estimate, we will rectify it as soon as we are reasonably able to do so after being notified of the error. If the error in the estimate is obvious and obvious in the sense that it could reasonably have been recognised by you as a pricing error, we are not obliged to purchase your items at the incorrect price. We assume no liability for accidental mistakes or errors due to system failures.
DELIVERY
- You will deliver the items:
- Transportation, packaging, insurance and other applicable charges or taxes are your responsibility and payable by you unless otherwise agreed (see “Customs Duties” below).
- You will ensure that the items are properly packaged and protected so that they will withstand the stresses of transport and reach the Delivery Site in perfect condition.
- Once you have accepted our initial estimate of your item, we will create a delivery note and send you a link by email so that you can print it. All items shipped must be accompanied by such a delivery note. Failure to do so may result in a delay in processing your item upon arrival at the Delivery Site. This does not apply to items dropped off at the Agent from whom you are purchasing a new watch as a partial exchange for your current watch.
- The risks associated with delivery to the Delivery Site are your responsibility. We suggest that you obtain proof of shipment. If you decide not to proceed with a sale for a valid reason, we will return the items to you free of charge by postal mail if you reside in Switzerland. If you reside outside Switzerland, a carrier will be selected by us and the return costs will be your responsibility.
- Delivery of the items will be effective upon unloading of the items at the Delivery Site, or where applicable, as soon as the Agent has confirmed receipt of the items.
- Once at the Delivery Site, we will confirm receipt of your watch and inspect it. This operation generally takes no more than seventy-two (72) hours.
- In exceptional cases and only with prior agreement, we may agree to collect the items directly from you. Fees may apply for this service.
CUSTOMS DUTIES AND IMPORT/EXPORT OBLIGATIONS
If you reside outside of Switzerland, you may also be required to pay import/export duties and/or other taxes and fees applied by customs or other relevant authorities. You may also be required to make declarations and/or pay additional fees if your watch contains specific materials (for example, but not limited to, exotic leather or precious stones). You must comply with all applicable laws and regulations in your country and in the country to which you are shipping your watch. Any additional customs clearance fees are your responsibility. We have no control over these fees and cannot predict their amount. If you are unsure about these fees and/or declarations, for example, contact the customs administration for more information before shipping your watch to us. We will not be liable to you if you fail to comply with these obligations.
OBJECTS
Make sure that the objects:
- match the description you provided;
- are in acceptable condition and conform to your description and fit for use for the purpose you indicate or that is expected, and we rely in this regard on your legitimate knowledge and good judgment; and
- are free from defects in design, materials and workmanship.
YOUR COMMITMENTS
You confirm the following points:
Information You Provide
all information provided prior to entering into a contract in accordance with the “Our Contract with You” clause above is true, accurate and complete;
you have not concealed any fact or information relating to the identity, quality, history, origin, authenticity, legal status or any other element associated with the watch, which could be seen by a reasonable buyer in our situation as being likely to influence the decision to purchase your watch;
Title
you own the watch and you can sell it without any charge, pledge, encumbrance or claim, including, hire purchase or other credit arrangement. In particular:
- the watch has not been reported to the manufacturer, the police or any other authority as lost or stolen;
- the watch is not the subject of any hidden financial agreement; and
- no other person may assert any right or claim to the watch, whether by law, by transaction, by possession, or by any other right or claim;
State
the watch has no physical damage or hidden defects;
the watch has not been declared a “total loss” by an insurance company or subjected to substantial repairs;
the watch has not been modified or counterfeited;
Authenticity and provenance
you accept that any element of the description of the watch, including its brand, model and serial number, are essential elements for its identification and that the absence or erroneous nature of such elements radically and fundamentally changes the watch and its perception, compared to the watch that you had agreed to send to us;
the serial number and documents relating to the watch are original, authentic and accurate;
Taxes and duties
- all fees, customs (or other) duties, taxes and/or other charges due and payable by you to any customs, tax and/or other authority in respect of your original purchase, ownership, importation or exportation and/or sale to us must have been paid in full. You shall be held fully liable for any breach of these undertakings and shall remain so notwithstanding our discovery of any such breach.
MEANS
- If the items do not comply with clause 6 (Items) and/or breach the undertakings in clause 7 (Your undertakings) and/or any other obligation under the Contract, without limiting our other rights or remedies we may exercise one or more of the following remedies, whether or not we have accepted the items:
- terminate the contract;
- refuse the items (in whole or in part) and return them to you at your own risk and expense;
- to request a full refund of the price of the refused items (if payment has been made), or the full amount credited to you for exchange if you purchased a new watch from an Agent as part of a partial exchange;
- claim damages for any other costs, losses or expenses which are in any way consequential to your failure to comply with your obligations under the Contract.
- Our rights and remedies under these Terms and Conditions are in addition to our rights and remedies provided by law.
- In addition to our remedies set out above, you agree to indemnify us against all liabilities, claims, losses, damages, costs (including legal/other professional fees) and expenses incurred by us as a result of your failure to comply with your obligations under the Contract, including, without limitation, any third party claims arising from a breach of your obligations under clause 5 (“Customs Duties and Import/Export Obligations”) and/or clause 7 (“Your Undertakings”).
PARTIAL EXCHANGES
- For more information on the contract and the terms and conditions applicable to a partial exchange, see the “Our contract with you” clause above.
- An exchange credit note will be agreed between us in writing, and will be used to pay for your order. In the event of cancellation of an order which includes an exchange, whether with us or our Agent, we may, at our discretion, offer to return your watch or to pay the credit note issued for the exchange.
- If we discover that the watch you are selling as a part exchange for another watch we offer or a new watch from our Agent is counterfeit, lost, stolen or damaged or that you are not the owner of the watch or that any other undertaking you have made in accordance with the clause "Your undertakings" or any other of your contractual obligations is not respected, we and/or our Agent reserve the right to terminate the contract(s) and, if we and/or our Agent decide to exercise this right, we will notify you by telephone and/or e-mail as soon as possible after discovering your breach. In this case, you must refund to us all amounts paid to you by us or the full amount credited for exchange, within seven (7) days of receipt of our notification. If we have already dispatched the watch you wish to purchase from us, you will have to return this watch or pay the full purchase price of this watch.
- If the amount of your trade-in credit note is greater than the purchase price of the watch you agree to purchase from us, we will send you the credit for the difference by bank transfer, in accordance with our general payment terms. If the amount of your partial trade-in credit note is less than the purchase price of the watch you agree to purchase, you will have to pay the balance by bank transfer or any other payment method agreed between the parties.
PROOF OF IDENTITY
- If you visit our premises or our Agent's shop to sell your watch, you will be required to provide two original forms of identification. We must obtain acceptable forms of identification in order to process payment. We reserve the right to make copies of these forms of identification for our records.
- You will need to provide the original of two of the following documents:
Proof of identity
- valid passport;
- valid identity document;
- valid driving license; and
- other (e.g. employee card from a known employer, with photo and signature).
PROOF OF PURCHASE
- Where possible, we aim to collect proof of purchase of the item with each transaction by way of the original invoice or receipt. A warranty card will not be accepted as proof of purchase.
- If proof of purchase cannot be provided, you will be directed to a senior member of our staff who will assess the risks based on the other information you have already provided as set out above.
- Please note that our decision to continue the transaction without proof of purchase is at our sole discretion and we reserve the right to cancel the transaction at any time.
LOSS OR DAMAGE
- If an item that you have sent to us or delivered to one of our Agents on our behalf is lost or damaged, and you are able to prove that the item was sent or delivered and we receive such valid proof, we will endeavour to offer you an equivalent replacement item. If this is not possible, we will compensate you for the item concerned on the basis of the actual damage suffered by you. The damage cannot exceed the amount of the purchase offer sent to you for the purchase of your watch, or the market value of your watch (as applicable) at the time the item was lost or damaged, less any costs incurred by us, including those relating to the service(s) and maintenance(s) to be carried out.
- We will transfer the amount due to you upon receipt of the equivalent amount from our insurance company, provided that you receive the amount due within 30 days of our notification of the loss or damage.
CONFIDENTIALITY
Please review our Privacy Policy, which also governs your use of https://genevawatchco.com, to understand our practices. In the event of a partial exchange of your watch for a new watch sold by the Agent, we will share your personal information (name, contact details and addresses) with the Agent for the purpose of the partial exchange and the Agent will share your personal information with us so that we can collect your watch. Please review the Agent's privacy policy for more information on how we process your personal information.
OUR RESPONSIBILITY
- We are not, under any circumstances, liable to you, whether in contract or tort (including negligence), for breach of duty or for any other situation leading to damage or loss of profit suffered by you, or any other direct or indirect damage arising from a failure on our part, in particular to comply with these general conditions.
- Subject to clause 14(c), our liability to you for any loss incurred in connection with the sale by you of an item, whether arising in contract or tort (including negligence), shall not exceed the total amount set out in our last offer to purchase your watch or the market price (as applicable).
- Nothing in these Terms limits or excludes our liability for any liability that it would be unlawful to exclude or limit (for example, without limitation, (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent activity on our part).
ENTIRE AGREEMENT
- This Agreement (together with any documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes all prior agreements, understandings and agreements between you and us, whether oral or written, relating to the subject matter hereof.
CONFLICT WITH OTHER CONTRACTS
These Terms constitute the entire agreement between the parties. In the event of any inconsistency between any other communications and these Terms, these Terms shall prevail. You acknowledge that you have not relied on any representation, promise or undertaking made by us or on our behalf that is not set out in these Terms.
NO PARTNERSHIP OR AGENCY RELATIONSHIP
Unless expressly provided, nothing in these Terms and Conditions is intended to, or should be understood as, creating a business partnership or agency relationship between the parties. Nothing in this Agreement authorizes any party to act on behalf of another.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performing our obligations under these terms and conditions caused by events beyond our reasonable control, including, without limitation, acts of God, fire, flood, severe weather, explosion, accident, war, acts of terrorism, industrial disputes (not involving Geneva Watch Co. employees), acts of local or central government or other competent authorities. This provision does not affect your mandatory rights.
COMMUNICATIONS BETWEEN US
- In these terms and conditions, the term “in writing” includes emails.
- If you wish to contact us in writing, or if a provision of these terms and conditions requires you to give written notice, you may send it by email, or by prepaid post to Geneva Watch Co. Management SA,
Synagogue Square 5,
1204 Geneva, Switzerland. We will confirm receipt in writing, usually by email.
WAIVER
- If we are unable to insist on your performance of your contractual obligations under these Terms, or if we are unable to use the means at our disposal to ensure that you honour your contractual obligations, this shall not constitute any form of waiver on our part and you remain contractually bound to us.
- A waiver by us of any breach shall not constitute a waiver by us of any subsequent breach.
- No waiver by us will be effective unless confirmed in writing.
INDEPENDENCE OF CLAUSES
If any court or competent authority decides that any provision or paragraph of these Conditions, or any provision of a Contract, is invalid, illegal or unenforceable, that provision or paragraph shall, to the extent required, be deemed to be ineffective, and the validity and enforceability of the other provisions or paragraphs of the Contract shall not be affected.
MODIFICATION
No modification of this Agreement shall be binding unless it is in writing and signed by the parties (or their authorized representatives).
THIRD PARTY RIGHTS
This Agreement is between you and us. No party other than a party to this Agreement shall have any right to enforce its terms.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
- We have the right to revise and modify these terms and conditions at any time.
- You are subject to the Terms in force at the time you agree, unless changes are required by a change in the law or by a competent authority (having retroactive effect on your past sales), or if we notify you of changes to our terms before you make a sale, in which case you will be deemed to have acknowledged and accepted those changes).
APPLICABLE LAW AND JURISDICTION
- These general conditions, and any dispute or claim arising out of or in connection with these general conditions, their subject matter or their formation (including non-contractual disputes or claims) are governed by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Convention”).
- The parties agree that the courts of Geneva, Switzerland shall have jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims).
CONTACT INFORMATION
Geneva Watch Co. is a trading name of Geneva Watch Co. Management SA, Place de la Synagogue 5, 1204 Geneva.
If you are a consumer, nothing in these terms and conditions affects your mandatory rights.
The Exchange Promotion
* The following conditions apply to the CHF 500 and CHF 250 reduction respectively (the “Promotion”):
- To take advantage of the promotion, please contact Geneva Watch Co. Management SA (“Geneva Watch Co.”) by phone or email and reference that email, indicating the promotion and whether you would be interested in a partial exchange or a new purchase.
- The promotion is valid until April 3, 2021 at 23:59 CEST.
- The Promotion will be redeemed against a newly purchased watch (the “New Watch”). The New Watch will be automatically awarded upon payment, subject to the correct redemption in respect of the Promotion, as set out above;
- No cash alternative will be offered in connection with or as a result of the Promotion;
- The promotion is not transferable and is personal to you;
- The Promotion may not be used in conjunction with any other sale, offer, discount or promotion without the written approval of Geneva Watch Co.;
PRICE PROMISE
These terms and conditions (the “Terms”) describe the basis on which Geneva Watch Co. (“Geneva Watch Co.”, “we” or “us”) may make an offer of less than the advertised price of a watch for sale (“Advertised Watch”) from an Authorised Watch Retailer (as defined below) for an equivalent watch on https://genevawatchco.com (the “Price Promise”).
The words following the terms, "including", "including", "for example", or any similar expression, shall be construed for the purposes of illustration and shall not limit the meaning of the words, description, definition, phrase or term preceding such terms.
- The Price Promise may only be used for an advertised watch sold directly by a reputable watch retailer (in Geneva Watch Co.'s reasonable opinion), through any reputable platform (an "Authorized Watch Retailer") that operates in Switzerland and must be in the currency equivalent to that of the Geneva Watch Co. watches.
- The Price Promise does not apply if the advertised watch is sold by an individual, a point of sale or a factory outlet, if it is the subject of an exclusive membership or if it is sold at auction.
- The Price Promise does not apply to advertised watches that are the subject of a promotion or discount when an offer code is applied at the authorized watch retailer.
- The Price Promise may be applied multiple times to any valid advertised watch up to the point of sale if a lower priced advertised watch is found. For example: if another lower priced advertised watch is found after the initial Price Promise has been accepted, Geneva Watch Co. will, in accordance with these terms, lower the initial offer so that it is less expensive than the new, lower price of the advertised watch.
- The Price Promise will not apply, and Geneva Watch Co. has no liability under the Price Promise, if a cheaper, alternative, advertised watch is found after the sale of the Geneva Watch Co. watch. In this case, no cash payment, refund (notwithstanding your usual consumer rights) or otherwise will be possible.
- The advertised watch must be identical in brand, model number, functionality and materials used in all parts of the watch.
- The advertised watch must be in stock and available for immediate purchase and delivery processing from the authorized watch retailer and Geneva Watch Co..
- Geneva Watch Co. reserves the right to decline the Price Promise if it is not cost-effective for us to beat the advertised watch price due to additional costs including, but not limited to, shipping, customs and import/export duties and applicable taxes. For example, if the advertised watch sale price is excessively low, with a higher than normal shipping cost, the Price Promise will not apply.
- The Price Promise will not be applicable if there is a clear and identifiable typographical error in the advertising of the authorized watch retailer.
- It will be your responsibility to prove that the current price of the advertised watch is less than Geneva Watch Co.'s satisfaction. Proof must include, but is not limited to, as requested by Geneva Watch Co.: a URL to the advertised watch's webpage; written proof of the advertised watch's value from the seller; or current, valid, existing advertising that details the advertised watch's value.
- The advertised watch must be accompanied by a warranty from the manufacturer or authorized watch retailer.
- The advertised watch must be accompanied by a case and warranty documentation at least equivalent to that which the equivalent watch would have on the Geneva Watch Co. watch (for example: if the original manufacturer's warranty is still applicable on the Geneva Watch Co. watch but not on the advertised watch, the latter will not be entitled to the Price Promise)
- The condition of the advertised watch must not differ significantly from that of the Geneva Watch Co. watch. The decision regarding the condition of the advertised watch will ultimately be made by Geneva Watch Co..
- The advertised watch must be newer or no older than the Geneva Watch Co. watch by six (6) months.
- The Price Promise does not include shipping, packaging or administrative fees.
- Any transaction made using the Price Promise, including the extent to which Geneva Watch Co. will lower the price of its watch below the advertised price, will ultimately be at the discretion of Geneva Watch Co..
- Geneva Watch Co. reserves the right to refuse the Price Promise of an advertised watch for which you have already made a payment (this includes any partial payment or deposit for a watch).
- Geneva Watch Co. reserves the right to withdraw the Price Promise at any time.
Any transaction made under the use of the Price Promise will be subject to the Geneva Watch Co. “Buy a Watch” terms and conditions.
These terms are governed by and construed in accordance with the laws of Switzerland. Nothing in these terms will affect your statutory rights.
BUYBACK GUARANTEE
Your watch may be accompanied by our buyback guarantee (if you are informed of this). This means that we guarantee to buy back your watch for an amount at least equal to the value stated in your buyback letter (the “Offered Price”) two (2) years after you purchased your watch from us or thereafter, in accordance with the terms and conditions below.
The Buyback Guarantee is conditional upon our inspection of your watch and your watch being returned to us in good and saleable condition with all associated cases, paperwork, links and other components (if applicable). Any devaluation caused by missing cases, paperwork, links and/or components will result in a deduction from the Offered Price. Any servicing or refurbishment that we deem necessary will be deducted from the Offered Price. In particular, we may make deductions from the Offered Price for wear and tear to the watch strap, crystal, clasp and other cosmetic damage, as well as normal wear and tear and damage caused by accident, mishandling, abuse or neglect.
If you are entitled to an “Exchange Only” buyback guarantee, the amount paid will be offered only as a credit to purchase another item in stock. You will not be paid in any other form, including, without limitation, cash, cheque or bank transfer. If the Price offered is higher than the purchase price of the watch you wish to purchase from us, we will not refund you the difference. If the Price offered is lower than the purchase price of the watch you wish to purchase from us, you must pay us the balance. The transaction will be subject to our “Buy a Watch” and “Exchange” terms and conditions (see “Selling Your Watch”), as amended from time to time. In the event of cancellation of an order, a credit note will be issued or your watch will be returned to you if it is not sold, at our discretion. Subsequent purchases may not qualify for the buyback guarantee. For more information on a credit note, see clause 13(o) “Buy a Watch”.
In order to maintain your Buyback Guarantee, you will need to return your watch to us at least once every two (2) years from (inclusive) the date of purchase so that we can examine it (the date of purchase is the date we received full payment of the purchase price of your watch). For example, if we receive your final payment on February 5, 2020, you will need to return your watch to us so that we receive it on February 4, 2022, and then every two (2) years thereafter (February 4, 2024, February 4, 2026, etc.). Please note that to benefit from the free examination of your watch, the first date on which we will accept your watch is one (1) calendar month before the relevant due date (in the example above, for the first examination, January 4, 2022). We will endeavor to send you reminders before each examination due date. However, we are not required to do so.
The Buyback Guarantee will be void if any third party performs any testing or work on your watch (including, but not limited to, disassembling your watch to perform an inspection) without notifying us and obtaining our prior consent.
The use of replacement components may seriously affect the technical performance, reliability and water resistance of your watch. Any modification to your watch by adding or replacing components with replacement parts that were not supplied by the manufacturer will void the buyback guarantee.
If the examination reveals a problem with your watch that is covered by our warranty (see our full warranty terms and conditions), we will inform you accordingly and, according to your instructions, we will carry out the recommended services free of charge. We will not be held responsible for any maintenance and/or repair costs revealed to be necessary after our examination if such services are not covered by the terms of our warranty.
Please note that you must safely deliver the watch to our relevant service center as recommended by us and with appropriate insurance, whether for examination or return of your watch under the buy-back program or for any other reason, which is your responsibility and at your expense unless otherwise specified. If you are a resident of Switzerland and have returned your watch for free examination, we will not charge you for postage and packaging costs associated with returning the watch to you. We will charge you for the return postage, packaging and any other customs fees and taxes incurred in returning your watch if you are not a resident of Switzerland.
Your Buyback Guarantee is personal and non-transferable. The terms of this Buyback Guarantee are in addition to your legal rights.
GUARANTEE
Our pre-owned watches are accompanied by our full or limited warranty of twelve (24) months (the “Warranty”) from the date you receive your watch. This warranty protects your watch against mechanical and manufacturing defects in accordance with the general conditions below. Our Warranty does not cover new watches which remain covered by the Manufacturers’ warranty.
If your watch is protected by a Limited Warranty, depending on its age, we do not guarantee that it will maintain expected timekeeping tolerances, and that it is no longer suitable for use in wet areas or immersion in water.
Your Guarantee will be registered at your current postal address. To ensure your Guarantee remains valid, please inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number. If the items were purchased as a gift, we will require the recipient's contact details.
The Warranty does not cover theft or loss of your watch, normal wear and tear, damage caused by accident, mishandling, abuse or neglect (including, but not limited to, damage caused by failure to follow our and/or the manufacturer's instructions). In particular, wear and tear of the watch strap, glass, clasp and other cosmetic damage are not covered by our Warranty. If your watch is covered by our Limited Warranty, timekeeping discrepancies or damage caused by water infiltration are not covered by our Warranty.
If you return your watch due to a valid complaint under our Warranty while it is still protected by the manufacturer's warranty, we reserve the right to perform the services under the manufacturer's warranty initially.
Your Warranty will be void if any third party performs any testing or work on your watch (including, without limitation, disassembling your watch to perform an inspection) without notifying us and obtaining our prior consent.
The use of replacement components may seriously affect the technical performance, reliability and water resistance of your watch. Any modification to your watch by adding or replacing components with replacement parts that were not supplied by the manufacturer will void your Warranty.
If you make a claim under your Warranty, we will refund, repair or replace your watch at our discretion. Time for performance of services under the Warranty is not of the essence.
We will make the final decision on all claims under our Warranty. In the event of a dispute relating to the Warranty, we reserve the right to ask a third party watchmaker appointed by us to deal with the disputed issues, although we are under no obligation to do so. The conclusion of the report provided by the third party will be binding on the parties. Please note that manufacturer recommendations are expressly excluded for the purposes of our Warranty, if they conflict with our advice.
If you reside outside Switzerland, you may be required to pay import duties or other taxes and charges applied by customs or other competent authorities in your country for services provided under the Warranty, particularly if you fail to correctly complete the appropriate declarations.
Please note that you must safely deliver the watch to our service center as recommended by us and with appropriate insurance, whether for examination or to make a claim under our Warranty or for any other reason, which is your responsibility and at your expense unless otherwise stated. If you are a resident of Switzerland and make a valid warranty claim, we will not charge you for postage and packaging costs associated with returning the watch (unless the service involves a battery replacement only). We will charge you for return postage, packaging and all other customs fees and taxes incurred for warranty services if you are not a resident of Switzerland.
Delivery of the watch will be made when we have delivered the watch to the address indicated on your order or when the watch has been collected from our offices (by you or your representative).
If you arrange for another transport company to collect the watch, delivery will be made when the watch has been collected from our offices. This means that we cannot be held responsible if the watch is lost or damaged during transport.
Responsibility for the watch rests with you once delivery has been made.
Your Warranty is personal and non-transferable. The Warranty is in addition to your legal rights.
If you wish to make a Warranty claim, please contact a member of our team by calling +41 79 725 19 99
ESTIMATE
If a customer requests Geneva Watch Co. to perform an appraisal, the following terms and conditions apply:
- Geneva Watch Co. must perform a physical inspection of the watch.
- The watch must be returned by the customer to the premises indicated by Geneva Watch Co..
- You are responsible for the watch until it reaches our office. Be sure to package your watch to avoid damage. We recommend obtaining proof of shipping.
- All shipping and insurance costs for the watch during transport are the responsibility of the customer.
- Geneva Watch Co. is not bound by any description provided or implied by either party which, upon examination, proves to be different from that stated when the customer deposited the watch.
- A Geneva Watch Co. appraisal does not verify the provenance of the customer's watch.
- Geneva Watch Co. cannot be held responsible for the repair of a watch which proves to be necessary following the estimation procedure carried out.
- The Customer shall provide Geneva Watch Co., without delay, with the information that Geneva Watch Co. requires to perform the estimate. It has a continuing obligation to provide Geneva Watch Co., without delay, with any information that may affect the level of the estimate. The Customer shall inform Geneva Watch Co. without delay in the event of any inconsistency between a Geneva Watch Co. estimate and estimates performed by other parties.
- Geneva Watch Co. reserves the right, at its sole discretion, to refuse to accept any instruction given by a customer for the valuation of a watch.
- The Time Services Terms and Conditions apply to any valuation we carry out. Please note that clause 9 of the Time Services Terms and Conditions below includes important limitations on our liability for services provided by us and third parties. If you do not accept this clause, obtain your own insurance or do not send us your watch.
TIME SERVICES
INTRODUCTION
These terms and conditions apply to any contract between you and us for any services we perform for you or ask to be performed on your behalf. By requesting a quote, you agree to these terms and conditions.
These terms and conditions should be read in conjunction with any other terms and conditions referred to in this document.
We draw your attention to clauses 5(h) and 5(i) below if we are not paid or you have not collected your watch within twelve (12) months.
Please also make sure to review clauses 4, 9 and 14 as they include important limitations and exclusions of our liability for services performed by us and those performed by third parties. If you do not accept this clause, obtain your own insurance or do not send us your watch.
DEFINITIONS
- The following definitions and rules of interpretation apply in these general conditions: Refurbishment: service to clean your watch and restore its shine.
Maintenance: servicing and/or repair of your watch, which may involve, but is not limited to, servicing the movement, adding or removing parts or other services.
Time Services Warranty: warranty provided when Time Services initially performs paid services on your watch.
Watch: the watch (or one of its parts) which is the subject of the quote and (if they are carried out) the services.
Geneva Watch Co. Warranty: The warranty provided by Geneva Watch Co. upon the original sale of your watch.
We, us, our: Geneva Watch Co. Management SA, Place de la Synagogue 5, 1204 Geneva.
Website: the website in the domain https://genevawatchco.com.
Service: maintenance, repair, battery replacement, testing, links (addition or removal) and/or other service if applicable.
You, your: the person or other entity who asks us to perform a service on the watch.
- The headings of the clauses do not affect the interpretation of these general conditions.
- Written notice includes emails.
- Unless the context otherwise requires, the singular includes the plural and vice versa.
WHAT TO EXPECT
- We will assess your watch upon receipt to determine the extent of the work required, unless your instructions are limited (e.g. adding/removing links or replacing batteries only, in which case we will not perform a full diagnostic).
- We may need to disassemble your watch in order to determine the extent of the services required, to which you consent by entrusting your watch to us (unless your watch is covered by a manufacturer's warranty, in which case we will arrange to send your watch to the manufacturer unopened, unless you give other instructions).
- Once the scope of the services required has been determined, we will provide you with a written quotation. No services will be undertaken until you have accepted our quotation and given us permission to commence (see clause 8 regarding your right to cancel), either orally or in writing. If you decide not to proceed with the service, we will charge you for the return costs (see clause “Price and Payment” below).
- Any quote we provide prior to receipt of your watch or prior to having had the opportunity to carry out a full assessment of your watch, whilst given in good faith, is given for information purposes only. We may need to amend our quote after carrying out a full inspection.
- We will carefully assess your watch upon receipt to determine the extent and cost of the service required. However, we reserve the right to charge for services that are not foreseeable, additional parts or increased cost of parts. If this proves necessary, we will notify you as soon as possible to obtain your consent.
- If you decide that we must return your watch before the services are completed, we reserve the right to charge for services performed up to the date we were notified. In this case, your watch will not be covered by our warranty and may be returned to you disassembled and/or not water-resistant. Please see clause 8 regarding your right to cancel.
- We reserve the right (but are not obliged to do so) to refuse to perform (or arrange for the performance of) any services on your watch for any reason (for example, if we believe that the services requested would be detrimental to the characteristics of the watch). We will inform you accordingly and will provide you with a full refund if you have paid us in advance.
- Any refurbishment will be accompanied by our servicing service; we do not offer refurbishment as a standalone service. We will use reasonable skill and care when refurbishing your watch, which extends to all visible metal parts (including bracelets and cases) and may include plexiglass. However, it may not be possible to remove scratches, dents or marks. Unfortunately, we are unable to refurbish gold-plated watches, crystal glass or sapphire crystal. We will need to inspect white gold watches to determine if we can offer a refurbishment.
- If in our opinion your watch requires replacement parts we will only fit genuine replacement parts where possible. If we are unable to do this we will obtain your consent to use non-genuine parts before proceeding.
- If the services performed on your watch involve the replacement of components and you request us to return the original components to you, we will endeavour to comply with your request, although we are not obliged to do so. In particular, we have no control over third parties, including manufacturers, to ensure that such requests will be met. Many manufacturers only supply parts in the event of an exchange.
- If at any time we need to follow your instructions/obtain your consent in accordance with these terms and conditions, we will do so orally or in writing. However, we reserve the right to ask you to confirm your instructions in writing before any performance.
- Without prejudice to clause 4(e), we will carry out the Services with reasonable care and skill.
TIME FOR COMPLETION OF SERVICES
- We will provide the Services within a reasonable timeframe taking into account that we use a third party supplier and we will endeavour to meet the expected completion date where applicable. Any dates given for completion of the Services are indicative only and you acknowledge that a reasonable timeframe for completion of the Services may extend to several months due to factors beyond our control, for example, if manufacturer involvement is required (including, without limitation, for the supply of genuine parts or otherwise).
EXTERNAL SERVICES
- If we are unable to service your watch in our workshop (for example, if your watch is still covered by the original manufacturer's warranty or if we are unable to obtain essential parts required for your watch), we may have to subcontract the services to a manufacturer.
- If applicable, an increase in costs (unless the services are performed under warranty) as well as the time for completion of the services is likely. We will only ship your watch to a manufacturer with your consent.
- We will provide you with a copy of the manufacturer's quotation as soon as possible after obtaining your agreement, either orally or in writing. You acknowledge that we are acting only as an intermediary and have no control over the quotation and any additional costs incurred.
- If you do not accept the manufacturer's quote and choose not to perform the services, an administration fee may apply. We will notify you of any administration fees where possible, but in any event you agree to reimburse us for such fees.
- We will use reasonable endeavours to ensure reasonable levels of skill, integrity and reliability of third parties we ask to perform services on your watch on your behalf and to meet your requirements. However, you accept and agree that we exclude all warranties in relation to the fitness of third parties to perform the services.
- Without prejudice to clause 9(a), we exclude all liability whatsoever in connection with the services provided by manufacturers.
- You can benefit from the warranty offered by the manufacturer. For more information on the applicable terms and conditions, see the manufacturer's warranty. We do not guarantee services performed by third parties.
- If you are a consumer, the manufacturer's warranty is in addition to your legal rights.
PRICE AND PAYMENT
- a. The price paid varies depending on the services that we or a third party agree to perform on your behalf.
- A maintenance quote is available upon request. Contact a member of our team for any other services.
- If you have a claim under our warranty (whether a Geneva Watch Co. or Time Services warranty), we will perform the services free of charge, in accordance with the “Time Services Warranty” clause below.
- The price shown is in Swiss Francs unless otherwise stated. You are responsible for the exchange rate and should note that refunds may be affected by it. Payments must be made in Swiss Francs (CHF) and refunds will only be made in Swiss Francs (CHF).
- The price shown includes VAT (or other similar sales tax).
- The price of the Services excludes delivery costs (between us and you and between us and the manufacturer, if applicable), which will be added to the total amount due (see the “Delivery” clause below).
- If we receive a watch that is the subject of a quote for which the services have not been carried out, we reserve the right to charge you for the return costs. If you reside outside Switzerland, a carrier will be selected at our discretion and the return costs and insurance will be your responsibility.
- All charges due must be paid before we can return your watch to you. Without prejudice to our other rights or remedies, we have a special and general lien on all items in our possession which are owned by you to secure payment of all sums due from you under any contract.
- We reserve the right (without prejudice to our other rights and remedies) to sell any watches which have not been collected or paid for within twelve (12) months from the date of completion in order to recover any monies owed to us. We will give you at least one month's notice before exercising this right. We will deduct any unpaid monies and any administrative costs incurred in exercising this right from any monies obtained and will refund any balance owing to you (provided you have provided us with your current bank details).
TIME SERVICES GUARANTEE
- Any billable service (excluding, but not limited to, services performed under our Geneva Watch Co. warranty) that includes a full service, including a complete movement overhaul, will entitle you to a twenty-four (24) month Time Services warranty that protects your watch against defects arising from our services. Minor repairs will only be warranted according to the extent of the services performed.
- Your warranty is valid from the date the services are performed. Any service performed under our warranty (whether it is a Geneva Watch Co. or Time Services warranty) does not extend the warranty period.
- Your warranty will be registered to your current postal address. To ensure your warranty remains valid, please inform us of any changes to your contact details without delay, including your full name, postal address, email address and telephone number.
- Our Warranty does not cover theft or loss of your watch, normal wear and tear, damage caused by accident, mishandling, abuse or neglect (including, but not limited to, damage caused by failure to follow our and/or the manufacturer's instructions). In particular, components replaced by third parties, battery replacement, wear of the watch strap, glass, clasp and other cosmetic damage are not covered by our warranty.
- Your warranty will be void if any third party performs any testing or work on your watch (including, but not limited to, disassembling your watch to perform an inspection) without notifying us and obtaining our prior consent.
- In the event of a claim under your warranty, we will endeavour to repair your watch free of charge (excluding necessary parts). You must notify us of your claim as soon as reasonably possible after you become aware of a problem with your watch, and in any event no later than two (2) weeks after you first notice the problem. We will endeavour to carry out the services within a reasonable time. However, you acknowledge that a reasonable time may extend to several months, especially caused by Events Outside Our Control, for example, as we use third parties and due to a global shortage of watchmakers. See clause 3 above.
- As mentioned above, we do not offer a warranty if the services are carried out by a manufacturer.
- We will make the final decision on all claims under our warranty. In the event of a warranty dispute, we reserve the right to ask a third party watchmaker appointed by us to deal with disputed issues, although we are under no obligation to do so. Please note that manufacturer recommendations are expressly excluded for the purposes of our warranty, if they conflict with our advice.
- You must comply with our delivery instructions (see the “Delivery” clause below).
- j. Your warranty is personal and non-transferable. However, you may transfer it with our written consent. The warranty is in addition to your statutory rights.
- k. If you wish to make a claim under your warranty, please contact a member of our team by calling +41 79 725 19 99 or by email at info@genevawatchco.com.
DELIVERY
You must return the watch to our showroom unless otherwise instructed. If sending by courier, you will be responsible for return postage, packaging and insurance (we recommend following our instructions, including using a trackable courier system and retaining proof of postage). Please ensure that you package your watch properly to avoid damage during transit.
If you reside in Switzerland, we will reship your watch to you once the service is completed, by DHL or FedEx, and the return costs will be at your expense. If you reside outside Switzerland, a carrier will be selected at our discretion and the return costs and insurance will be at your expense.
If you are a resident of Switzerland and submit a valid warranty claim, we will provide you with a prepaid envelope to return your watch and we will not charge you for return shipping and packaging costs (unless the service includes battery replacement and/or the addition or removal of links only, which in any case are not covered by the warranty). We will charge you for return shipping, packaging, insurance and all other customs fees and taxes incurred for warranty services if you are not a resident of Switzerland. In all cases, it is your responsibility to properly package your watch to avoid damage during transport.
Delivery of the watch will be made when we have delivered the watch to the address provided or when the watch has been collected from our offices (an ID is required for collection). Please note that if you arrange for a transport company to collect your watch, or choose another shipping method, delivery will be made when the watch has been collected from our offices.
Please see clause 9 below regarding our maximum liability. We recommend that you check your insurance policy to ensure that your watch is covered whilst in our possession and during transport, or arrange for an extension to your insurance policy.
The risks associated with the watch are yours once delivery has been made.
If you reside outside of Switzerland, you may also have to pay import/export duties or other taxes and charges applied by customs or other relevant authorities for services performed on your watch, particularly if you fail to complete the appropriate declarations (if you reside outside the European Union, you must generally report the watch as a “return for repair”). You must comply with all applicable laws and regulations in your country. Any additional customs clearance fees are your responsibility. We have no control over these fees and cannot predict their amount. If in doubt, contact your local tax or customs office for more information.
YOUR RIGHT TO CANCEL
- You may cancel this contract without giving any reason. The period will expire fourteen (14) days from the date we accept our quote to perform the service or fourteen (14) days after we return your watch following service if we have also provided parts. If you accept our quote, we will also ask for your permission to commence services during the cancellation period (see clauses 8(d) and 8(e) below).
- To exercise the right of cancellation you must inform us. Send an e-mail to the sales consultant who processed your Order or to our customer service (info@genevawatchco.com). You can contact us by dialing +41 79 725 19 99, or write to us at the following address: Geneva Watch Co. Management SA, Place de la Synagogue 5, 1204 Geneva, Switzerland.
- To meet the cancellation deadline, simply send a letter regarding the exercise of your right of cancellation before the cancellation period expires.
- If we perform a service without providing any parts, and you have authorised us to commence work on your watch within the cancellation period, you will pay us an amount proportional to the work performed up to the time you notified us of your cancellation of this contract, in relation to the total price of the contract. If we have completed the work you will lose the right to cancel this contract. If you are owed any amount, we will reimburse you within fourteen (14) days from the date on which you informed us that you wish to cancel the contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise; in any event, you will not have to pay any fees arising from the reimbursement.
- If we carry out a service which includes the supply of parts, and you have authorised us to commence work on your watch during the cancellation period, you will pay us an amount which is proportional to the total price of the contract for the work carried out up to the time you notified us of your cancellation of this contract. If we have carried out the work, you will be liable for the full cost of labour. In respect of parts supplied
OUR RESPONSIBILITY
- Nothing in these terms and conditions limits or excludes our liability for any matter where it would be unlawful to exclude or restrict liability (including without limitation: (a) death or personal injury caused by our negligence; and (b) fraud or fraudulent misrepresentation),
- Subject to clause 9(a), we will not be liable to you in any way, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of preferential agreements or contracts; (iv) loss of anticipated savings; (v) loss of or damage to goodwill; (vi) loss of use or corruption of any software, data or information; or (vii) any indirect or consequential losses arising in connection with work carried out under these terms and conditions.
- In the event that we lose or damage your watch, we will pay the reasonable costs of repairing or replacing (less wear and tear) your watch if we have been negligent.
- Without prejudice to the provisions set out above, we shall not be liable for any loss, injury, damage, cost, expense or delay incurred or suffered by you arising directly or indirectly out of or in any way connected with: (i) your failure to collect or pay for your watch within 12 months after the date of completion of the repairs; (ii) any sentimental or other non-commercial value you claim to attach to your watch; (iii) the mechanical functioning of your watch either whilst in our possession or after repairs have been carried out on your watch, unless you instruct us to carry out a full service of your watch which includes a complete overhaul of the movement; (iv) any components not replaced by us; (v) any refusal by a manufacturer or third party to carry out work under warranty or otherwise as a result of work carried out by us or for us by a third party (including but not limited to the addition of non-genuine components with your consent); (vi) work carried out by us or a third party despite our warning that such work may damage your watch but where you have nevertheless agreed to have the work carried out; (vii) our instructing a third party to carry out repairs to your watch on your behalf; or (viii) anything which does not result from our breach of these terms.
- Subject to clause 9(a), our total liability to you in respect of all other losses arising under or in connection with the work carried out on your watch, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed the market value of your watch or our valuation (whichever is the lesser).
WAIVER
- If we are unable to insist on your performance of your contractual obligations under these Terms, or if we are unable to use the means at our disposal to ensure that you honour your contractual obligations, this shall not constitute any form of waiver on our part and you remain contractually bound to us.
- A waiver by us of any breach shall not constitute a waiver by us of any subsequent breach.
- No waiver by us will be effective unless confirmed in writing.
INDEPENDENCE OF CLAUSES
If any court or competent authority decides that any provision or paragraph of these Terms, or any provision of a Contract, is invalid, illegal or unenforceable, that provision or paragraph shall, to the extent required, be deemed to be ineffective, and the validity and enforceability of the other provisions or paragraphs of the Contract shall not be affected.
ENTIRE AGREEMENT
This Agreement (together with any documents expressly referred to in it) constitutes the entire agreement between you and us and supersedes all prior agreements, understandings and agreements between you and us, whether oral or written, relating to the subject matter hereof.
THIRD PARTY RIGHTS
This Agreement is between you and us. No party other than a party to this Agreement shall have any right to enforce its terms.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performing our obligations under these terms and conditions caused by events beyond our reasonable control, including, without limitation, acts of God, fire, flood, severe weather, explosion, accident, war, acts of terrorism, industrial disputes (not involving Geneva Watch Co. employees), acts of local or central government or other competent authorities. This provision does not affect your mandatory rights.
NO PARTNERSHIP OR AGENCY RELATIONSHIP
Unless expressly provided, nothing in these Terms and Conditions is intended to, or should be understood as, creating a business partnership or agency relationship between the parties. Nothing in this Agreement authorizes any party to act on behalf of another.
COMMUNICATIONS BETWEEN US
- If you wish to contact us in writing, or if any provision of these terms and conditions requires you to give written notice, you may send it by email to Geneva Watch Co. at info@genevawatchco.com or by prepaid post to Geneva Watch Co. Management SA,
Synagogue Square 5,
1204 Geneva, Switzerland. We will confirm receipt in writing, usually by email for the sake of speed. - If we have to contact you or give notice in writing, we will do so by email or pre-paid post to the address you gave us on your order.
- The provisions of this clause shall not apply in any proceedings or other documents of a legal action.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
- We have the right to revise and modify these terms and conditions from time to time.
- You will be subject to the terms and conditions in force when you decided to use us, unless changes are imposed by a change in the legal framework or by a competent authority (having retroactive effect on your past requests).
- No other modification of these terms and conditions shall be binding unless communicated in writing and signed by the parties (or their authorized representatives).
APPLICABLE LAW AND JURISDICTION
- These general conditions, and any dispute or claim arising out of or in connection with these general conditions, their subject matter or their formation (including non-contractual disputes or claims) are governed by Swiss law.
- The parties agree that the courts of Geneva, Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or formation (including non-contractual disputes or claims).
CONTACT INFORMATION
“Time Services” and “Geneva Watch Co.” are trade names of Geneva Watch Co. Management SA,
Place de la Synagogue 5, 1204 Geneva.
If you are a consumer, nothing in these terms and conditions affects your mandatory rights.
Promo codes and discount codes
Geneva Watch Co. may, from time to time, issue promo codes for discounts and other promotions on certain Geneva Watch Co. products (“Promo Codes”). All Promo Codes must be used within the time period notified to you.
- Unless otherwise agreed in writing by Geneva Watch Co., promo codes are limited to a single use, are not transferable and no cash alternative will be provided. All other specific terms of the promo codes will be specified with each promo code.
- To benefit from the promo code, you must meet all the specific criteria stated in the promo code communication (example: subscribing to our newsletter before a certain date), if specified, and enter a valid promo code in the box provided for this purpose during online payment. It is sometimes possible to use promo codes in one of Geneva Watch Co.'s local stores, if this is indicated in the specific promo code communication. To do this, please mention the valid promo code when visiting the store to activate it.
- Unless otherwise agreed by Geneva Watch Co., promo codes cannot be used in conjunction with other Geneva Watch Co. discounts, promotions or offers.
- Geneva Watch Co. reserves the right to suspend or revoke any promo code at any time without notice.
MAKE AN OFFER
If the “Make an Offer” option is displayed on our website, you may make an offer to purchase the relevant watch in accordance with the following terms and conditions:
- We are not obligated to accept the highest offer or any offer made.
- Offers exclude postage and packaging costs and all other charges, including, but not limited to, fees for credit card payments.
- We endeavour to respond to all offers within two (2) hours of the offer being submitted during normal business hours. However, speed is not of the essence, and if Geneva Watch Co. does not respond to you within two (2) hours, the offer remains valid.
- If we reject your offer, we may contact you to make a counter-offer.
- If we accept your offer, which we will usually inform you of by telephone or email, you must complete the transaction.
- If we accept your offer, our general terms and conditions of sale apply (see 'Buying a watch').
BLACK FRIDAY SALE
The “BLACK FRIDAY SALE” offer (the “Offer”) will be subject to these terms and conditions:
- This Sale is organized by Geneva Watch Co. Management SA ("Geneva Watch Co.").
- Promotions are available online on our website and in all of our Geneva Watch Co. boutiques and showrooms and will include discounted Eligible Items (as defined below).
- These conditions supplement the standard general conditions of sale present on the Geneva Watch Co. website. In the event of a conflict between these conditions and the general conditions of sale, these conditions will prevail.
- The Sale discount will be automatically applied at checkout on eligible items found on the Sale webpage.
- The special offer will start at 17.11.2023 08:00 GMT, for members with privileged access, namely those who are subscribed to Geneva Watch Co. marketing communications and who have received the link allowing them to access the special offer in advance. During this period, these people will benefit from exclusive access to the special offer. The special offer will then be available at 20.11.2023 08:00 GMT, for the general public. It will end for all customers at 27.11.2023 00:00 GMT.
- Geneva Watch Co. will rotate stock in connection with the Sale from time to time and reserves the right to do so without notice.
- This discount cannot be combined with any other promotion, reduction or offer, unless agreed in writing by us.
- This discount is non-transferable, non-changeable and no cash alternative will be offered.
- Each discount on each Eligible Item is set on an individual basis by Geneva Watch Co..
- Geneva Watch Co. reserves the right to cancel, suspend or modify the operation and conduct of this Sale at any time without notice.
- For more information on how Geneva Watch Co. Management SA uses your personal data, please see our privacy policy.
WEBSITE TERMS OF USE
INTRODUCTION
1. ABOUT Geneva Watch Co. AND THESE WEBSITE TERMS OF USE
Genevawatchco.com is headquartered at Place de la Synagogue 5,
1204 Geneva. The Platforms are the property of Geneva Watch Co. and are published by Geneva Watch Co..
These Website Terms of Use govern your use of the Geneva Watch Co. websites and mobile applications (together, the “Platforms”). In these Website Terms of Use, we use the term Geneva Watch Co. (and “we”, “us” and “our”) to refer to Geneva Watch Co.’s registered office at the address recorded above and its subsidiaries.
Please read these Website Terms of Use carefully before using the Platform. By using the Platform, you signify your consent and agreement to these Website Terms of Use. If you do not agree to these Website Terms of Use, you are not permitted to continue using the Platform.
Updates to these Website Terms of Use
We may make changes to these Website Terms of Use from time to time, so please check back regularly to stay informed of any updates. The latest version of these Website Terms of Use will always be available on the Platform. Any new version of these Website Terms of Use will come into effect and govern your use of the Platform and your relationship with us immediately upon posting. By continuing to use the Platform, you agree to be bound by the terms of any such updates and changes.
2. OUR PRIVACY POLICY
Our information collection practices on the Platforms, such as the types of information we collect about visitors to the Platforms and how we may use that information, are governed by the terms of our Privacy Policy.
3. Geneva Watch Co. E-SHOP - GENERAL CONDITIONS
Customers who sell products to Geneva Watch Co. or who purchase products from Geneva Watch Co. online or by telephone through the Geneva Watch Co. Customer Relations Center must read the Terms and Conditions, which will govern the terms and conditions of sale or purchase. The provisions entitled "Limitation of Liability" below do not apply to the sale of products online or by telephone; please refer to the General Terms and Conditions of Sale for the corresponding exclusions and limitations of liability.
4. USE OF MATERIAL ON THE PLATFORMS
Geneva Watch Co. has created its various Platforms to provide information about its company and products for your personal use. Although considerable effort has been made to ensure that the visual representations of Geneva Watch Co. products displayed on the Platforms are representative of the color, design, style, etc. of the original products, slight variations, distortions and/or differences may be apparent from the original product. This may be due, for example, to technical issues such as your browser or computer settings. Accordingly, Geneva Watch Co. cannot be held responsible for any apparent differences between the images of the products represented on the Platforms and the original products. We strongly advise you to visit one of our boutiques or authorized dealers before making a purchase online or by telephone.
You may download a computer copy or print a copy of the material made available to you through the Platforms, or download the application onto your mobile device, for your own non-commercial, educational, private or domestic use only, provided that all proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are kept intact and are not modified, deleted or altered. Unless otherwise indicated, you should assume that everything you see or read on the Platforms (such as images, photographs, including any person depicted in the photographs, illustrations, icons, text, video clips, music, written and other materials) ("Geneva Watch Co. Material") is protected by laws such as copyright, design and trademark laws and by international treaties and national laws around the world.
You may not sell, reproduce, distribute, communicate, modify, display, publicly perform, report, or otherwise prepare derivative or second-hand works based upon or in any way using the Geneva Watch Co. Materials for any public or commercial purpose. Further, the Geneva Watch Co. Materials may not be displayed or communicated on any other platform, in a networked computer environment, or on any other digital platform for any purpose. If you violate any of these Website Terms of Use, your permission to use the Geneva Watch Co. Materials automatically terminates, and any copies of the Geneva Watch Co. Materials must be immediately destroyed. Any unauthorized use of the Geneva Watch Co. Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. YOUR UNSOLICITED COMMUNICATIONS
This section concerns communications sent to Geneva Watch Co.. It does not concern the communication of personal information to Geneva Watch Co. in relation to customer inquiries, use of services or purchase of products by telephone or via the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or content you transmit to Geneva Watch Co. via the Platforms or social media, by email or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions or the like, will be treated as non-confidential and non-proprietary by Geneva Watch Co.. By sending communications to Geneva Watch Co., you automatically grant Geneva Watch Co. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications alone or as part of other works in any form, media or technology, and to sublicense such licenses to anyone. Anything you transmit may be used by Geneva Watch Co. and its affiliates for any purpose, including, but not limited to, reproducing, disclosing, transmitting, publishing, broadcast and displaying or developing, manufacturing and marketing products using such information.
6. LIMITATION OF LIABILITY
This section applies to Platforms and not to products that may be sold online or over the telephone through one of our local or regional markets.
Geneva Watch Co. endeavours to ensure that the information provided is accurate and complete. However, Geneva Watch Co. does not warrant or represent that the Geneva Watch Co. Material is accurate, error-free or reliable or that use of the Geneva Watch Co. Material will not infringe the rights of third parties.
Geneva Watch Co. does not warrant that the functional and/or technical aspects of the Platforms or Geneva Watch Co. Materials will be error-free or that the Platforms, Geneva Watch Co. Materials or the servers that make them available are free of viruses or other harmful components. If the use of the Platforms or Geneva Watch Co. Materials results in the need for servicing or replacing property, materials, equipment, data or other items, Geneva Watch Co. is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Geneva Watch Co. and its suppliers make no warranties about the Geneva Watch Co. Materials, software, text, downloads, graphics and links or the results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Geneva Watch Co. shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of the information available on the Platforms or any liability for any loss of use, business interruption, loss of profits or loss of data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Geneva Watch Co. has been advised of the possibility of such damages.
Please note that in some jurisdictions, consumer protection laws may not allow certain exclusions or limitations of warranties or liabilities, and therefore some of the above exclusions and limitations may not apply.
7. TRADEMARKS
In general, all trademarks, logos and service marks (collectively the "Marks") that appear on the Platforms are registered, unregistered or otherwise protected trademarks of Geneva Watch Co. or are used under license by third parties for Geneva Watch Co.. Other trademarks are proprietary marks and are registered with their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without the prior written permission of Geneva Watch Co. or such third party that may own such trademark. Any misuse of any trademark displayed on the Platforms or any other content on the Platforms, except as provided herein, is strictly prohibited.
8. COPYRIGHT
All content (including Geneva Watch Co. Materials) on the Platforms is copyright © Geneva Watch Co. or licensed for use by Geneva Watch Co.. All rights reserved. Please refer to the section above on use of material on the Platforms.
9. LINKS
The Platforms may contain links to other platforms operated by third parties not affiliated with Geneva Watch Co. The inclusion of a link to such third party sites does not imply endorsement by Geneva Watch Co. of such sites. Geneva Watch Co. has not reviewed all of the content of the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click on a link to any off-site pages or third party sites, you do so at your own risk. Geneva Watch Co. does not authorize the establishment of a link to any of its Platforms from a third party platform without its express prior written permission.
10. TERMINATION AND SUSPENSION
You agree that Geneva Watch Co. may terminate or suspend your access to and use of the Platforms if Geneva Watch Co. reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Website Terms of Use, or violated the rights of Geneva Watch Co., its affiliates or any third party, with or without notice. You agree that Geneva Watch Co. may modify or discontinue the provision of any Platform, with or without notice. You agree that Geneva Watch Co. will not be liable to you or any third party as a result of any such modification or discontinuation. The provisions entitled "Limitation of Liability" and "General Provisions" shall survive termination of these Website Terms of Use.
11. GENERAL PROVISIONS
Unless otherwise stated, the information and materials presented on the Platforms are presented solely for the purpose of promoting Geneva Watch Co. products and services and, in some cases, presenting products for sale through various means. Geneva Watch Co. makes no representation that the Geneva Watch Co. Materials are appropriate or available for use in all countries throughout the world. You are responsible for compliance with applicable local laws, keeping in mind that access to the Geneva Watch Co. Materials may not be legal by certain persons or in certain countries. Our products are available in many regions of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Website Terms of Use is determined to be illegal, invalid or unenforceable, that provision or part of the provision will be deemed not to form part of these Website Terms of Use, and the legality, validity or enforceability of the other provisions of these Website Terms of Use will not be affected, unless otherwise required by applicable law.
These Website Terms of Use constitute the entire agreement between you and us regarding the use of the Platform, and supersede and extinguish all prior agreements, draft agreements, arrangements, undertakings or collateral contracts of any kind entered into by the parties, whether oral or written, relating to such subject matter.
The waiver by Geneva Watch Co. of any breach of any provision of these Website Terms of Use will not be construed as a waiver of any other or subsequent breach.
12. APPLICABLE LAW AND COMPETENT JURISDICTION
These Website Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to its conflict of laws provisions.
Any dispute, controversy or claim arising out of or in connection with the Website Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with the Website Terms of Use. Where French laws are different from mandatory consumer protection laws in your own country, we will provide you with similar protection.
13. CONTACT US
If you have any questions or comments about these Website Terms of Use or general matters, you can contact us at the address set out below. You can also use this address if you would like a copy of the personal data we hold about you.
info@genevawatchco.com