André Clémençon Contemporary Watches AG (hereinafter “ACCW” or “we”) is a company founded and existing under Swiss law. Its head office is located at Reitschulstrasse 5, CH-2502 Biel/Bienne, Switzerland and it is represented by André Clémençon.
André Clémençon Contemporary Watches AG
Phone: +41 32 361 22 55
Entered in the Companies Register under number: CHE-381.762.500
VAT no.: CHE-381.762.500
ACCW offers its customers products for purchase directly via its website (“Site”) www.andreclemencon.com. The following terms of sale (“Terms”) apply to sale of the products via the Site.
The Terms regulate the sale of ACCW products (hereinafter the “Products” or “Product”) to customers (hereinafter “Customer” or “you”) via www.andreclemencon.com. ACCW hereby explicitly refuses to apply the Customer’s Terms of Business and Sale. Such Terms can only be included in the agreements concluded between the contracting parties if explicitly confirmed in writing by ACCW.
All Customers who wish to make a purchase on the Site undertake and guarantee that they are doing so solely on their own account, are at least 18 years old, are fully legally competent or have obtained appropriate permission from a parent or guardian. When placing their order, a Customer automatically declares that they agree with these Terms of Sale and guarantees that they will abide by these Terms.
The Terms and prices, Products and guidelines may change from time to time and ACCW has complete discretion to make subsequent revisions. The Terms of Sale are deemed accepted and to have legal effect when ACCW communicates the valid Terms of Sale to the Customer and an order is subsequently placed by the Customer. A Customer must view these Terms before placing an order, so that he/she is aware of the valid version of the Terms.
“Consumers” as used in the Terms of Sale are natural persons who conclude a contract with ACCW for purposes which are not chiefly of a commercial type or serve in the implementation of activities of self-employed business people.
“Business persons” as used in the Terms of Sale are all Customers who are acting in their capacity as commercially active business people or in the context of their activities as self-employed business people.
1. PRODUCT FEATURES AND AVAILABILITY
1.1. PRODUCT FEATURES
The essential features of the Products offered for sale at www.andreclemencon.com are described on the “Product Features” page.
ACCW declares that all goods are provided in their original condition prior to personalisation, modification or customisation. Articles and goods in their original condition include all relevant accessories, including but not limited to identification tags, authenticity cards and instructions for use. Articles and goods which do not meet the above-stated conditions are deemed to have been modified beyond their original condition.
Some Products may be available in different colours. Due to the processing of images by computer and despite considerable effort having been made in the production of our product pages, it is possible that the colours shown on the Site differ slightly from the actual colour. The particular model and settings of your computer and monitor could influence how realistically the colours of the Products shown on the Site are represented. Hand-painted or hand-worked Products may likewise differ slightly from the images shown on the Site.
1.2. PRODUCT AVAILABILITY
Depending on availability, the Products offered for sale and their prices are valid for the duration they are offered for sale at www.andreclemencon.com.
If, contrary to expectations, a Product should no longer be available after an order has been placed or the probable delivery date changes, an email message will immediately be sent to the address given by the Customer when placing the order. Notwithstanding existing legal claims, a Customer, as consumer, may prior to dispatch of the goods, cancel or make changes to their order at no additional cost. If the Customer is a businessperson, said businessperson shall grant ACCW a reasonable extension if it proves impossible to comply with the delivery date.
If a charge has been made to a customer credit card for any reason, the full amount shall be refunded to the card within at latest thirty (30) days after the payment date. Please allow three (3) to six (6) working days for this transaction to appear on the Customer’s credit card and one (1) to two (2) accounting periods for it to appear on the Customer’s credit card statement.
All prices shown at www.andreclemencon.com are stated as gross prices, inclusive of the applicable rate of VAT and costs for packaging and dispatch. Additional fees may be applied if express delivery is selected. Any resultant additional costs are indicated separately in the Shopping Cart.
On dispatch, the credit card will be charged and the final total order amount will be indicated in the dispatch confirmation email.
2. ACCOUNTS AND ORDERS
2.1. SETTING UP AN ACCOUNT
A Customer can set up an account and become a “registered customer” or purchase Products as a “guest”. A Customer does not need an account to make a purchase from www.andreclemencon.com. A registered customer can track the progress of their order, access their previously placed orders and use services reserved for holders of customer accounts; for instance they can complete the payment process more quickly and benefit from other additional advantages and services reserved for registered users.
A Customer can set up an account before making a purchase by clicking on the “My Account” button at the top of the screen or from the “Shopping Cart” after clicking on the button “Proceed to Checkout”. The Customer must fill in all visible fields since this obligatory information is essential for making a purchase.
The Customer undertakes to give full, correct and up-to-date information and regularly amend outdated or incorrect data. Statements and information which are offensive, illegal or incorrect, contain a misrepresentation, constitute an offence against public order or are morally improper are forbidden when setting up an account. Once the account has been created, an email is sent to the email address the Customer stated when setting up the account to confirm their login data.
To create an account, the Customer must enter certain personal data, including their email address and password, in order to be able to access their account. The personal data which the Customer is required to state to ACCW via the Site falls under ACCW’s data protection guidelines, which can be read and downloaded on the Site. You hereby acknowledge and state to be in agreement with the fact that the transfer of data over the internet is never completely private and secure, and that the messages or data sent to the Site by the Customer can be read or intercepted by other persons, even if it is specifically indicated that certain data (for example credit card details) are transferred in encrypted form.
The Customer must ensure that their access details always remain secret. The Customer is responsible for all activities which take place via their account (including but not limited to the purchase of Products made via the account).
The Customer undertakes to inform ACCW immediately should they become aware that their account has been used by a third party without their consent. ACCW does not accept any liability for losses or damage which arise as a result of the Customer not complying with the above obligations. ACCW may at any time, at its discretion, cancel the account or temporarily block the Customer’s access to the Site or suspend use by the Customer if ACCW has reasonable grounds to assume that (a) the Customer is violating the present provisions, (b) a third party is using the account without the Customer’s consent, or (c) if ACCW has to cancel or temporarily suspend the account for security reasons or for maintenance purposes.
2.2. PLACING AN ORDER, CONCLUDING A CONTRACT, LANGUAGES
The images of goods in catalogues, advertising media and on the Site are not legally binding and do not constitute an offer to conclude a purchase contract.
At the end of the ordering process and prior to payment, the Customer receives a summary of the Products they have ordered and details of any dispatch costs in the case of express delivery. The Customer is then forwarded to the payment page, where they finalise the order and can click on “Pay Now” to conclude the purchasing process. The Customer is not committed to purchasing the selected goods until they click on the “Confirm Order and Pay” button at the end of the ordering process. Once the Customer has made the payment, an email summarising the order and acknowledging receipt will be sent immediately to the email address the Customer has provided. This email is not a binding acceptance of the Customer’s offer to purchase.
ACCW reserves the right to reject a Customer as contractual party without giving any reasons for such a decision. Binding acceptance or refusal of an offer will be communicated by ACCW within a maximum of three days from receipt of the order. The purchase contract is concluded on receipt of the order confirmation. Dispatch of the ordered goods or a shipping confirmation sent to the Customer is equivalent to an explicit declaration of acceptance.
The following languages can be selected for the conclusion of a purchase contract: German, French and English.
ACCW accepts the following methods of payment: MasterCard®, Visa®, American Express®, PostFinance and Paypal® as well as prepayment. The transaction will be charged to the Customer’s credit card only after the Customer’s credit card details have been verified, ACCW has received payment authorisation for the Customer’s credit card and the Products ordered have been confirmed as available and ready for shipment.
Unless agreed otherwise, the purchase price is due after conclusion of the purchase contract and receipt of the invoice.
As indicated at the time of purchase and in the order confirmation email, the Customer is responsible for the shipping costs associated with the delivery (only in the case of express delivery). The Customer shall select the shipping method when placing the order. The Customer cannot change the shipping method or delivery address once the order has been placed.
All packages are shipped via the shipping carrier DHL Express (Switzerland) Ltd.
2.5. DELIVERY ADDRESS
The Products purchased from www.andreclemencon.com can only be delivered to addresses in selected markets. To check if the online shop is currently available in your country, please read the FAQs at www.andreclemencon.com. Items cannot be shipped to a PO box. After receipt by ACCW of the full payment, deliveries shall be made to the address provided when the order is placed. The Customer shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular name, address, street number, postal code, etc.). ACCW shall not be held responsible for any mistake by the Customer in the information provided at the time of the order confirmation.
If information relating to the recipient of a delivery is incorrect, ACCW cannot be held liable for any delay in delivering an order.
2.6. DELIVERY PERIOD
Unless otherwise indicated, after final confirmation of an order, the total delivery period for Products ordered from www.andreclemencon.com amounts to 1-2 working days (for completion and processing of the order for dispatch), plus the time indicated by the Customer’s preferred shipping method. Orders are processed from Monday to Friday, excluding bank holidays. Saturday delivery is not available. In general, Products will be delivered within the timeframe indicated on selection of the shipping method. If the Customer has not received the Products within the stated timeframe following receipt of the order confirmation, they should contact ACCW by email using the address firstname.lastname@example.org. ACCW is not responsible for unforeseeable delays due to conditions such as weather, traffic jams or travel delays.
2.7. RECEIPT OF PRODUCTS
If the Customer is a businessperson (see definition of this term above), the Product(s) purchased on www.andreclemencon.com must be thoroughly inspected for damage by the Customer or an authorised individual upon receipt. If a Product or Products purchased on www.andreclemencon.com is/are damaged upon receipt, the Customer must immediately notify ACCW Customer Services within seventy two (72) hours by email at email@example.com or by phone on +41 32 361 22 55. The Customer must provide ACCW with detailed information regarding the defects and keep the original product packaging and the shipping box in the condition in which it was received, and otherwise follow the instructions provided by the Customer Services representative. Customer Services will then begin investigations with the shipping carrier.
2.8. NON-BINDING INFORMATION FOR EXERCISING RIGHT OF WITHDRAWAL
Although the Customer is not obliged to do this, ACCW requests the Customer use secure packaging – if possible, the original packaging – to return goods so as to avoid shipping damage.
2.9. RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
ACCW shall retain full ownership of the Products ordered until payment has been received in full. If the Customer is a businessperson (see definition of this term above), once the Products have been shipped, the risk of loss or damage to said Products and any damage that may occur shall be transferred to the Customer.
2.10. PRODUCT RETURN
Products purchased through www.andreclemencon.com can be returned within fourteen (14) days from the date of shipping confirmation, subject to the ordered Products being returned unworn, as new and in their original packaging.
The address for returns is:
André Clémençon Contemporary Watches AG
Payments of the purchase price which have already been received will be refunded within 8-10 working days. Your credit card will not be charged but if this has already been charged, we will refund the purchase price of the returned Products, inclusive of VAT, to the same credit card within 8-10 working days.
Unless stated otherwise, the warranty period is 24 months (2 years) from the purchase date. For technical items, the respective enclosed warranty conditions apply. In the case of a guarantee, the seller will decide whether the goods should be replaced or the purchase price refunded. A guarantee does not cover damage for which the purchaser is responsible, for example as a result of improper handling, and in particular also as a result of inadequate return packaging. Defects, complaints about what was included in a delivery, material defects, incorrect deliveries and quantity deviations, insofar as these can be identified by reasonable investigation, shall immediately be asserted in writing but no later than fourteen days after receipt of the goods. In the case of valid complaints, ACCW shall make up any shortfalls in quantity and, at its discretion, shall repair, exchange or take back the goods or grant a discount. If, in the case of replacement of goods, the second replacement delivery is also defective, the purchaser has the right to cancellation or a price reduction. In the case of defects, the guarantee is limited to repair.
In the event of dereliction of duty and of unlawful acts, as well as claims for compensation due to unnecessary expenditure, claims are ruled out against both ACCW and its authorised representatives and parties employed in fulfilling a contractual obligation for which the purchaser is vicariously liable.
The aforementioned limitation of liability shall not apply if the damage was caused deliberately or in a grossly negligent way, as well as in the case of violation of essential contractual obligations (see “WARRANTY” above).
2.13. PLACE OF JURISDICTION AND APPLICABLE LAW
Biel/Bienne, Switzerland is the sole place of jurisdiction. These Terms of Sale are exclusively governed by Swiss law. The Vienna Convention shall not apply.
The present Terms of Sale, the Conditions of Use and the Data Protection Guidelines constitute the sole agreements between the Customer and ACCW.
Once the order has been placed, the Customer will receive by email an order confirmation, the invoice and these Terms of Sale. ACCW has no further contractual texts which the Customer can access over the internet.