GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions govern all the offers, sales and purchases of products and/or services from the website(s) currently at the address www.schwarz-etienne.ch. These General Terms and Conditions include the Terms and Conditions of Use of the website and the Privacy Policy applicable to the website.

The website www.schwarz-etienne.ch is operated by and the General Terms and Conditions have been published by Schwarz Etienne SA, Boulevard des Éplatures 16, 2300 La Chaux-de-Fonds, Switzerland.

Please read these General Terms and Conditions carefully.

These General Terms and Conditions apply to any order placed through the website www.schwarz-etienne.ch or by Schwarz Etienne SA Customer Care Department. Please note that before placing an order for products or services, you shall be requested to accept these General Terms and Conditions. If you do not accept these General Terms and Conditions, you may not order products or services through the website.

Schwarz Etienne SA may revise these General Terms and Conditions at any time. You are bound by any such revision and must therefore periodically view this page to review the current Terms and Conditions by which you are bound.

1. IDENTITY

SCHWARZ ETIENNE SA
ROUTE DE L’ORÉE DU BOIS 5
CH-2300 LA CHAUX-DE-FONDS

Entered on the Trade & Companies Register of the Canton of Neuchâtel (Switzerland) under VAT number
CHE-109.596.605.

If you have any questions or remarks, please contact us:

SCHWARZ ETIENNE SA
BOULEVARD DES ÉPLATURES 16
CH-2300 LA CHAUX-DE-FONDS
SWITZERLAND

Telephone number: +41 32 967 94 20
Email: info@schwarz-etienne.ch
www.schwarz-etienne.ch

2. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE

2.1

These General Terms and Conditions of Sale and Delivery apply to all the sales contracts concluded through the website www.schwarz-etienne.ch (hereinafter the website) and form an integral part of these contracts.

These General Terms and Conditions shall prevail over any General Terms and Conditions of Business of the other party.

2.2

These General Terms and Conditions may be subject to modification. The applicable version of the General Terms and Conditions is that which is in force at the time an order is passed.

2.3

Only adult natural persons and those able to exercise their civil rights may place an order on the website.

2.4

By placing an order on the website www.schwarz-etienne.ch, you represent and warrant that you are an end-user Customer purchasing for your own use or that of a third party and that you do not deliver, sell or distribute our products in any manner, and that you are not purchasing our products or services for commercial purposes.

2.5

The Customer is obliged to register and to create an account on the website in order to place an order online.

3. AVAILABILITY AND QUANTITIES OF PRODUCT

3.1

The products offered for sale by Schwarz Etienne SA are those that are shown on the website www.schwarz-etienne.ch at the time that the Customer visits the website.

The products are offered for sale subject to availability. Although stocks are displayed on the website www.schwarz-etienne.ch in real time, a product may be out of stock. In such an event, Schwarz Etienne SA undertakes to inform the Customer by any means at their convenience at the earliest opportunity after the order is placed, whilst informing them of the estimated delivery time.

3.2

Orders shall only be considered to be final once:
– The full amount has been paid by the Customer;
– Schwarz Etienne SA confirms the availability of the products in question, this verification shall take place promptly after receipt of the email confirming the reception of the order placed by the Customer.

Orders may be placed during business hours, Monday to Friday from 8:00 am to 12:00 pm and 1:30 pm to 5:00 pm, excluding public holidays.

3.3

Orders for some products may be subject to limits on quantities.

Schwarz Etienne SA reserves the right to refuse orders that exceed a certain number of authorised products at any time and without prior notice.

3.4 Customised services

Customisation services (strap, engraving, etc.) or other services may be offered for a selection of our products.

The Customer is obliged to provide the information requested during the sales process. The Customer is responsible for verifying the accuracy of all the information provided with regard to the products to be customised. Furthermore, orders for customised products may not be cancelled and products that have been customised, in any manner, may not be returned to Schwarz Etienne SA for exchange or reimbursement.

Schwarz Etienne SA may not be held liable for a customisation error made by the Customer.

Schwarz Etienne SA reserves the right to refuse any order that is against its policy.

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4. ORDERS

4.1 Placing an order

The ordering process includes the following stages:
1: Placing the items in the basket.
2: The information provided by the Customer when they open their account or place an order must be exhaustive, accurate and up to date. Failing such, Schwarz Etienne SA shall not be able to correctly process the orders. If the Customer does not wish to provide such information, Schwarz Etienne SA may not accept their order.
3: Consulting the General Terms and Conditions of sale.
4: Accepting the General Terms and Conditions of Sale by ticking the box “J’accepte les Conditions générales de vente” (I accept the General Terms and Conditions of Sale).
5: Confirming the order under an obligation to pay.

The Customer shall receive an email confirming their order.

Any order placed by the Customer following this procedure implies their full and irrevocable acceptance of these General Terms and Conditions of Sale.

4.2 Order confirmation

Pursuant to the applicable legislation, the contractual information shall be subject to confirmation in good time and no later than the time of delivery, by email to the email address indicated by the Customer on the purchase order.

This confirmation message shall include the following information:
– details about the products;
– the order reference number;
– the total value of the order (price + shipping costs);

It is the Customer’s responsibility to keep this contractual information on a medium of their choice.

After placing an order on www.schwarz-etienne.ch, the purchaser shall receive an order confirmation by email, with the details of the order and the estimated delivery date, which corresponds to the acceptance of Schwarz Etienne SA to conclude the contract.

The purchaser is bound to provide accurate information when entering their contact details (first name and surname, street, house number, email address, post code, locality, country, any required indications).

The sales contract is binding on the purchaser and the company Schwarz Etienne SA, Route de l’Orée du Bois 5, 2300 La Chaux-de-Fonds, Switzerland.

Schwarz Etienne SA reserves the right to cancel an order in the event of any ongoing dispute or a dispute regarding a previous order.

Schwarz Etienne SA reserves the right to refuse orders if the payment authorisation is not granted, if the address provided is erroneous or if any other problem arises with the Customer’s account. In such an event, Schwarz Etienne SA shall inform the Customer by email.

4.3 Shipping costs

Shipping costs shall be covered by the purchaser.

In the event of partial delivery, shipping costs shall only be invoiced once.

If a package is returned, Schwarz Etienne SA may invoice the purchaser for the related costs.

Please refer to the Delivery conditions (point 6) for information on shipping costs.

4.4 Taxes and customs duties

Orders placed on the website www.schwarz-etienne.ch by Customers outside Switzerland may be subject to taxes and customs duties, which shall be applied when the delivery reaches the recipient.

These taxes and customs duties are at the Customer’s sole expense and are under their sole liability. Customers are advised to make enquiries with the competent authorities of the country in which they reside regarding any taxes and customs duties prior to placing an order.

5. RETURNS AND EXCHANGES

PROCEDURE FOR RETURNS

CANCELLATION RIGHT:

5.1

The Customer has the right to cancel the contract formed by an order confirmation without giving a reason up to thirty (30) days from the date of the purchase, without incurring any costs. To comply with this withdrawal period, the Customer need only cancel the order before the expiry of the withdrawal period.

5.2.

To cancel the contract, the Customer must inform Schwarz Etienne SA of their decision to cancel the contract by an unequivocal declaration in writing to the customer care department of Schwarz Etienne SA (by email or letter: info@schwarz-etienne.ch).

PROCEDURE FOR RETURNS

5.3

Products that have been purchased on the website www.schwarz-etienne.ch may only be returned to Schwarz Etienne SA, Route de l’Orée du Bois 5, 2300 La Chaux-de-Fonds, Switzerland. To return a product to us, you must follow the following steps:

You can make a return request within a period of 30 days from the date of purchase. To validate your return, please contact our customer care department by email (info@schwarz-etienne.ch) or by telephone on +41 (0)32 967 94 20 between 8:00 am -12:00 pm, 1:30 pm – 5:00 pm from Monday to Friday. At this stage, you may be asked to provide information about the product so that we can carry out a preliminary assessment of its condition. 

You must include the duly completed return form in the package with the product along with all its accessories, all the free items that you received as part of your order, all the documents, and the original box.

5.4

You must keep proof that you have sent the return package, and we do not accept any liability in the event that this proof is not provided. Only merchandise that has been received by Schwarz Etienne SA may be subject to reimbursement.

THE CONDITION OF RETURNED PRODUCTS

5.5

We shall check that the returned product meets the conditions of the returns and exchange policy and, where applicable, we shall carry out a reimbursement or an exchange.

5.6

Our products must be returned in new and unused condition with all the protective materials in place as well as the labels and stickers that are attached to them (where applicable), as well as the original box and delivery package, including all accessories and documents. We reserve the right to refuse to accept any return if the product shows signs of use, or if it has been used or modified compared with its original condition in any manner or, alternatively, we may reduce the amount of any reimbursement or exchange applicable as a consequence.

5.7

If the Customer has received free items as part of the order, these items must also be returned with the products.

5.8

Returns are subject to quality control when they are received. A reimbursement or exchange shall only be possible if the quality control check is satisfactory. If the products do not meet the quality control standards, we shall refuse the return and the products shall be returned to you, no reimbursement shall be made.

6. DELIVERY AND PERFORMANCE

6.1

Schwarz Etienne SA only accepts orders for delivery to the country/countries identified during the order process. Schwarz Etienne SA shall not deliver to certain addresses such as military areas, some restricted areas, pick-up points or PO boxes.

Deliveries are made by the carrier to the address indicated by the Customer when they place their order.

Shipping costs to foreign countries vary according to the weight and the quantity of products in the order, and the residence of the purchaser.

6.2

Unless otherwise agreed at the time of delivery, we shall deliver products to you and transfer title or physical control over the products and in any event within thirty (30) days of the date of our written confirmation of the order and dispatch.

6.3

If the delivery of the products is delayed by an event beyond our control, we shall inform you at the earliest opportunity and we shall do everything in our power to minimise the impact of the delay. If we do not deliver in a period of thirty (30) days from the date of the written confirmation of the order and shipping or in any other period that we indicate to you, you may contact Schwarz Etienne’s Customer Care Department to cancel the order in question and obtain a reimbursement of the amounts that you have prepaid to us for products that you have not received.

6.4

In the event of the termination of the contract pursuant to Clause 6.2, we shall reimburse you all of the amounts paid under the contract. In any event, your sole remedy in the event of any failure on our part to deliver the order to you shall be your right to cancel the order in question and to receive a reimbursement of the amounts that you have paid in advance for the products that you have not received.

6.5

When you estimate your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that deliveries are always subject to the receipt of full payment.

6.6

Orders are dispatched during business hours, Monday to Friday from 8 am to 12 pm and 1:30 pm to 5 pm, with the exception of public holidays. If one of the products in your basket is indicated with the status of “Pre-commandé” (Pre-ordered), all of your order shall be delayed until all of the items for your order are in stock. You will receive a dispatch confirmation email with all the tracking information from the carrier on the day your order is dispatched. When an order is placed, it is sent to the delivery address you have indicated, provided that this address is complete and meets the shipping requirements stipulated on the website www.schwarz-etienne.ch

All deliveries are made by an independent third-party carrier indicated on the website www.schwarz-etienne.ch. Schwarz Etienne SA shall inform you by email when a product is dispatched. 

6.7

The Customer pays all of the transport costs and the customs duties, and bears all of the risks related to the transportation of the merchandise to its final destination.

6.8

Title over the products will be transferred to you when Schwarz Etienne SA has received the final payment in full. 

7. PAYMENT

7.1

Prices are given in Swiss francs (CHF) excluding VAT. Delivery costs depending on the options on the website, and all shipping costs shall be covered by the purchaser.

The prices shown on the website on the day of the order are decisive for the contract. No reimbursement shall be made in the event of a modification to the prices shown between the day of the order and the delivery.

7.2

Payments are made online by bank card, or through PayPal, or by bank transfer. The delivery documents are placed inside the parcel containing the products ordered.

An order shall only be considered to be final when the purchaser has confirmed it by paying the corresponding price.

Schwarz Etienne SA uses the secure payment service of our banking partners for the payments by bank card made on the website. All the information sent from the website www.schwarz-etienne.ch to the payment system is systematically encrypted to ensure its confidentiality. All the payments by bank card made on the website are processed immediately.

7.3

Taxes on sales, use or other taxes vary according to the place where the products are shipped to.

7.4

Schwarz Etienne SA reserves the right to modify the price and the delivery charges at any time and without prior notice.

7.5

Schwarz Etienne SA takes all due care to ensure that the prices of the products and the delivery costs are accurate at the time that such information is entered into the system.
 
7.6

The delivered product remains the property of Schwarz Etienne SA until full payment has been received from the Customer.
The risks of loss or damage are transferred to the Customer at the time when the package is submitted to the postal service, a carrier or such like. The Customer bears the risks of the transportation of the merchandise to its final destination.

8. GUARANTE

8.1

The guarantee covers a maximum period of twenty-four months from the date of purchase

8.2

The international guarantee is only valid if the guarantee certificate is entirely and correctly filled in, dated, signed and stamped by a retailer approved by Schwarz Etienne SA or directly by Schwarz Etienne SA, Boulevard des Éplatures 16, 2300 La Chaux-de-Fonds, Switzerland.

8.3

In the event that your Schwarz Etienne SA watch is defective and must be returned, it must be returned to an approved Schwarz Etienne SA retailer or directly to Schwarz Etienne SA, Route de l’Orée du Bois 5, CH-2300 La Chaux-de-Fonds, Switzerland, within ten days of the discovery of the defect.

8.4

If the guarantee is invoked, Schwarz Etienne SA may at its sole discretion repair the defect or replace the defective components free of charge.

8.5

The guarantee is forfeit if any person that is not approved by Schwarz Etienne SA works on the Schwarz Etienne SA watch or opens it.

8.6

The following are expressly excluded from the guarantee:

– wear to the strap (change in colour) or the material from which the strap is made.
– The glass (scratches or anti-reflection treatment).
– Normal ageing or wear.
– Damage caused by inappropriate use or mishandling.
– Poor treatment resulting from an accident, an impact, excessive temperatures or electromagnetic fields.
– Any work (maintenance, modification or repair) carried out outside the network of retailers approved by Schwarz Etienne SA. This could expose your watch to serious damage, for which we shall not be responsible.
– The theft or loss of the watch.
– Watches on which the serial number has been deliberately modified or erased.
– Any damage caused to any object other than the watch by the correct use or misuse of the watch are also excluded from the guarantee.

9. LIABILIT

9.1

In no event, may Schwarz Etienne SA be held liable for the breach of any of its obligations following unforeseen circumstances and/or an event of force majeure as generally defined by the Swiss courts and law, or by any other circumstances beyond the company’s control.

In any event, the liability of Schwarz Etienne SA is limited to the price of the product sold, subject to any mandatory legal provision to the contrary.

9.2

Furthermore, and within the limits of the applicable law, Schwarz Etienne SA may not be held liable for any direct or indirect intangible damage suffered due to visiting our website.

9.3

It is also recalled that the hypertext links on the website www.schwarz-etienne.ch may lead to other websites of which the content is under the sole liability of the owners of said websites.

10. INTELLECTUAL PROPERT

10.1

All of the items belonging to Schwarz Etienne SA, such as the website, the brands, games, designs, models, images, audio and video clips, texts, photos, logos and graphical style guide (without limitation) are the exclusive property of Schwarz Etienne SA.

10.2

These General Terms and Conditions of Sale do not grant to the Customer any intellectual property rights held by Schwarz Etienne SA.

10.3

Schwarz Etienne SA grants the customer a non-exclusive, personal and non-transferable right to access this website for purposes that comply with these General Terms and Conditions. Any other use shall be considered as an infringement of copyright, punishable under the applicable laws regarding intellectual property.

10.4

Customers are prohibited from endangering, directly or indirectly, the property rights of Schwarz Etienne SA and they are prohibited from using the names or logos in any manner whatsoever. The Customer undertakes to respect all of the rights of Schwarz Etienne SA and to refrain from creating any analogy in the mind of the public for any reason whatsoever.

11. GENERAL PROVISIONS

11.1

These General Terms and Conditions (and the associated terms incorporated by reference) constitute the entire agreement between Schwarz Etienne SA and the Customer, regarding orders for products or services and replace and annul any prior agreements, draft agreements, arrangement, commitments or collateral agreements of any kind reached by the parties, whether they are verbal or in writing, regarding this subject matter.

11.2

Schwarz Etienne SA may not be held liable for any breach or delay in the performance or the fulfilment of its obligations under these General Terms and Conditions when the breach is beyond its reasonable control.

11.3

This contract is concluded between Schwarz Etienne SA and the Customer. No other person may invoke any of its conditions.

12. SEVERABILITY

12.1

In the event that one of the clauses of these General Terms and Conditions is made null and void by a change in legislation or a regulation, or by a legal ruling, this shall not have any impact on the validity or applicability of the remainder of these General Terms and Conditions of Sale.

13. APPLICABLE LAW AND JURISDICTIO

13.1

These General Terms and Conditions are subject to Swiss law. This applies equally to the basic rules governing the form and substance.

13.2

In no event shall Schwarz Etienne SA offer any guarantee regarding compliance with local legislation when the Customer accesses the website from another country.

13.3

In the event of a dispute and if an amicable solution cannot be found, the case shall be submitted to the Tribunal des Montagnes et du Val-de-Ruz.

Schwarz Etienne SA, January 2022