General terms and conditions
Please note: Only the french original of these General Terms and Conditions (Conditions générales de vente, janvier 2019) of Winwatch Trade Ltd is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the french original.
1 Scope of application
The present general terms and conditions (hereinafter “GTAC”) apply to all legal transactions made through the online store www.winwatchtrade.com (hereinafter “online store”). The online store is operated by Winwatch Trade Ltd (hereinafter “Winwatch”). Winwatch reserves the right to change these GTAC at any time. The version of the GTAC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online store (hereinafter “offer”) is intended for customers in Switzerland or in countries worldwide.
Deliveries are made to addresses in Switzerland or to addresses internationally.
Products are available for as long as they can be found through the search engine in the online store and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18.
Large orders exceeding a standard amount may be refused without reason.
2.1 Product and price
Product images used for advertising, brochures, the online store etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
All prices quoted are net, in Swiss franc (CHF), include value added tax (VAT) in countries where applicable (e.g. Switzerland or Liechtenstein), and exclude value added tax (VAT) in any others countries worldwide. Winwatch reserves the right to change prices at any time. The prices stated in the online store at the time of order placement apply.
2.2 Availability and delivery times
Winwatch is committed to provide up-to-date and precise information on availability and delivery times in the online store. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.
3 Contract conclusion
Products and prices stated in the online store are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online store, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.
4 Delivery date
Together with the confirmation, the customer is provided with a provisional delivery date.
If delivery by Winwatch is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Winwatch will refund the customer any amount paid in advance. No further claims towards Winwatch apply.
The delivery address in Switzerland or any other country must be easily accessible by postal shipping. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Winwatch may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 50.– as well as charge for any value loss of the ordered products.
6 Customer’s obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity.
The customer shall inform Winwatch of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it.
If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.
Winwatch warrants for two-years from delivery date that the ordered product will be free from defects and fully functional. Winwatch shall provide warranty either by:
• repairing the product free of charge
• providing a partial or full replacement with an equivalent product
• refunding at current value or, at maximum, at the original sales price at the time of order
• providing cost reduction
Winwatch explicitly excludes warranty for wear parts, batteries, as well as for software problems. Otherwise, liability exclusion pursuant to point 8 applies.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Winwatch be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Winwatch, be this contractual or non-contractual.
Moreover, Winwatch is not liable for damage resulting from the following causes:
• Storage, setting or use of products that is improper, unlawful or contrary to contract;
• Use of incompatible spare parts or accessories;
• Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
• Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Winwatch or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. postal carrier).
9.1 Payment methods
Payment must be made in Swiss franc (CHF).
We accept the following payment methods: transfer by bank or post, credit card, Visa, Mastercard by PayPal. Our current payment methods can be viewed under http://www.winwatchtrade.com/o... and are given in detail in the ordering process.
When paying by credit card via Paypal, the amount is debited at the time of order.
In case of prepayment by transfer by bank or post the delivery is made only after receipt of the payment. The products in stock at the Winwatch store are reserved until the expiration of the payment term, which is at least 40 calendar days.
9.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Winwatch for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Winwatch may request immediate payment and suspend any further product deliveries to the customer.
Winwatch levies an administrative charge of CHF 10.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a local debth-collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts may claim the amount on its own behalf and on its own account and may levy additional service charges.
9.3 Reservation of ownership
All ordered products remain the property of Winwatch until payment is received in full. Winwatch is entitled to make an entry in the register for reservation of ownership. Without the express consent of Winwatch, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. Winwatch may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 50.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning products free of defects
There is no general right to return ordered products. According to the conditions listed http://www.winwatchtrade.com/returns-warranty/, Winwatch grants the right to return ordered products within a maximum of 7 days after receipt of the order and/or product(s).
In such an event, shipment costs for the return of the products shall be at the expense and risk of the customer. Products must be sent by registered post to the address given in “contact” at www.winwatchtrade.com. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer respectively. When returning a data carrier or a product containing data storage to Winwatch, a total loss of data must be expected. It is the customers’ responsibility to ensure appropriate data backup and the protection of their data. Winwatch assumes no liability for potential loss of data.
12 Repairs outside of the warranty
All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. Winwatch reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.
13 Further provisions
13.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for 6 months before being disposed of.
13.2 Data privacy protection
The privacy statement at https://www.winwatchtrade.com/... is an integral part of these GTAC.
By accepting these GTAC, customers also agree to the privacy statement.
13.3 Partial invalidity
Should individual terms of these GTAC be invalid or void, the validity of the other provisions of these GTAC shall not be affected.
13.4 Place of jurisdiction and applicable law
All legal relations between Winwatch and their customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.5 Copyright, Intellectual Property and Patent Rights notice
All rights to these GTAC, particularly copyrights, intellectual property or patent rights, are reserved by Winwatch. All reproduction, distribution, production, commercialisation or other use is prohibited except with written permission from Winwatch.
In the event of breach of this requirement, Winwatch reserves the right to take legal action.