1. Scope
These General Terms and Conditions (“GTC”) apply to the entire business of MQT Horlogère Suisse SA (hereinafter “the Company”). The company MQT Horlogère Suisse SA develops, designs and distributes watches.
2. Contract Conclusion
The contract is concluded with the acceptance of the offer of the Company concerning the purchase of products by the customer. The contract is concluded in any case if the customer orders the products offered by the Company via the company’s online shop or purchases them directly.
3. Prices & Shipping
Unless otherwise agreed, all prices are in the local currency. The prices are exclusive of any applicable taxes, but include packaging and shipping costs. The Company reserves the right to change prices at any time. The prices valid at the time of contract conclusion on the Company’s website apply.
For customers living outside of Switzerland local taxes and fees are not included in the purchase price. When selecting free shipping in Checkout you may be charged with the corresponding duties and fees after the ordered goods have reached your destination. The amount charged are subject to your country’s regulations and custom laws. MQT Horlogère Suisse SA does not cover any taxes and fees charged by local authorities when selecting the option Free Shipping.
4. Payment
The Company offers the customer the following payment option: Credit card. If the invoice is not paid within the aforementioned payment period, the customer is automatically in default. From the time of default, the customer shall be liable for default interest of 5% (five percent). If the Company also offers products via an online platform for purchase, rent or other use, it may also demand payment by electronic means within the scope of the order process (credit cards or other payment systems). It is not permissible to offset the invoiced amount with a possible claim of the customer against the Company. The Company is entitled to refuse delivery or service in case of default of payment.
5. Company Obligations
5.1. Delivery / Delivery Dates
The delivery takes place within 14 (fourteen) working days after receipt of the order. If timely delivery is not possible, the customer will be informed by the Company within 5 (five) working days after receipt of the order and the new delivery date will be communicated.
Save where otherwise agreed, the place of performance shall be the registered office of the Company. The Company fulfills by the delivery of the ordered products by way of the agreed forwarder. If no forwarder is agreed, the Company is free to choose a freight forwarder. The agreed delivery costs may not be increased by the choice of the freight forwarder.
Any brand new product can be returned for a full refund or store credit within 10 days of delivery. Expedited shipping charges are non-refundable.
5.2 Auxiliary persons
The parties shall have the express right to make use of assistants in the performance of their contractual obligations. You must ensure that the assistance of the auxiliary person is in compliance with all compulsory statutory provisions and any collective agreements.
6. Exchange
Exchange of products is essentially excluded.
7. Warranty
The statutory warranty provisions apply. The Company guarantees the above provisions for a maximum of 24 (twenty-four) months. The Company is to be notified of any possible deficiencies immediately. It is up to the Company to decide whether the defective product will be repaired or replaced. The customer is only entitled to a reduction or refund of the purchase price if replacement or repair is not possible. Claims for the reimbursement of third-party repairs are excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period begins anew for the repaired item and the original warranty period continues for the rest of the product.
8. Liability
The liability for any indirect damages and consequential damages caused by a defect is entirely excluded. The liability for direct damages is limited to the selling price of the product / service. This limitation of liability does not apply to direct damage caused by gross negligence or intent. The customer is obliged to report any damages to the Company immediately Any liability for auxiliary persons is completely excluded.
9. Intellectual Property Rights
Company is entitled by the owner to use them. Neither these Terms and Conditions nor any corresponding individual agreements shall have the effect of transferring any intellectual property rights, unless explicitly mentioned. Furthermore, any further use is prohibited, as well as the publication and making accessible of data, images, texts or any other information which the customer receives in connection with these provisions, unless the Company explicitly authorizes it. If, in connection with the Company, the customer uses content, texts or pictorial material to which third parties have a property right, the customer must ensure that no third-party property rights are infringed.
10. Data Protection
The Company may process and use the data included in the contract to fulfill the obligations arising from the contract. The Company takes the measures necessary to secure the data according to the legal regulations. The customer completely agrees with the storage and use of their data by the Company in accordance with the contract and is aware that the company is obliged, on the order of courts or authorities, to disclose the customer’s information to said authorities or third parties. If the customer has not specifically prohibited this, the Company may use the data for marketing purposes. The data necessary for the fulfillment of the performance can also be passed on to commissioned service partners or other third parties. Furthermore, the data protection provisions apply.
11. Changes
These General Terms and Conditions may be amended by the Company at any time. The new version will enter into force 30 (thirty) days after the Company posts it on the website. As a matter of principle, the version of the GTC which is in force at the time of contract conclusion applies to customers, unless the customer has agreed to a newer version of the GTC.
12. Precedence
These GTC take precedence over all older regulations and contracts. Only provisions from individual contracts which further specify the provisions of these GTC shall take precedence over these GTC.
13. Severability clause
Should any provision of this agreement or a supplement to this agreement be or become invalid, this shall not affect the validity of the rest of the agreement. The contracting parties shall replace the invalid provision with an effective provision which comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.
14. Confidentiality
Both parties, as well as their assistants, undertake to keep confidential all information which has been submitted or appropriated in connection with the services. This obligation shall continue to exist even after the termination of the contract.
15. Force Majeure
If the timely fulfillment by the company, its suppliers or third parties is made impossible due to force majeure, such as natural catastrophes, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be exempted from the fulfillment of the duties concerned during the period of force majeure, as well as a during reasonable start-up time after the end of the force majeure. If the force majeure lasts longer than 60 (sixty) days, the Company can withdraw from the contract. The Company must fully reimburse the customer for any already paid remuneration. Any further claims, in particular claims for damages due to force majeure, are excluded.
16. Applicable Law
These GTC are subject to Swiss law. As far as no compulsory statutory provisions state otherwise, the court at the Company’s registered office has jurisdiction. The Company is free to raise a claim at the registered office of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.