General

1.1

These conditions of sale apply to our supply to you of any of the products listed on this website. Please read these conditions of sale carefully before ordering any products from this website. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions as set out below.

1.2

Please click on the button marked "I Accept" at the end of the order process if you accept them. Please understand that if you refuse to accept these conditions of sale, you will not be able to order any products from this website.

1.3

This website is operated by New Fashion S.A., Division Espace Temps, 13 rue du Mont-Blanc, 1201 Geneva, Switzerland (“Espace Temps”, “we”, “us”, “our”). We are registered in Geneva, Switzerland, under company number CHE-107.742.913. Our VAT number is CHE-107.742.913TVA.

Your status

2.1

By placing an order through our site, you warrant that:

2.1.1

You are legally capable of entering into binding contracts; and

2.1.2

You are at least 18 years old and you are contracting as a consumer.

Purchase of goods, order process

3.1

Your order for a product shall be regarded as an offer to purchase products under these conditions of sale.

3.2

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

3.3

Product descriptions are correct at the date of publication but are subject to availability or change without notice.

3.4

Orders are subject to acceptance by Espace Temps and availability of the ordered products. Espace Temps cannot be responsible for errors in typography or photography.

3.5

If the products ordered are not available, we will notify you by email and you will have the option either to wait until the item is available from stock or to cancel the order.

3.6

We will confirm acceptance to you by sending you an order confirmation by email and this will constitute a binding contract between you and us.

3.7

The contract will relate only to those products whose dispatch we have confirmed in the order confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate order confirmation.

Price and payment

4.1

The price of any product will be as displayed on this website, except in cases of obvious error. When you buy a product from this website, you will have to pay the price displayed together with delivery costs, which will be added to the total amount due, unless otherwise mentioned on the website. Displayed prices include Swiss VAT. Be aware that these products may be subject to customs fees and/or VAT in your country. Espace Temps is in no way responsible for the payment of these taxes.

4.2

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.

4.3

Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of a product is less than our stated price, we will charge the lower amount when dispatching the product to you. If the correct price of a product is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

4.4

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

4.5

Payment can be made by the credit/debit cards as detailed in the ordering process. We will display the price that you have to pay on the order confirmation. We will charge your credit/debit card shortly before dispatching your order.

4.6

All card holders are subject to validation checks and authorization by the card issuer. We may share the card holder's personal information with such third parties as are necessary to enable us to do such checks and process such payments. If the issuer of the credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

4.7

Payment must be made before supply of the products. We will deduct full payment from your card just before we ship the products. We may suspend delivery of the products until full payment is received. We may terminate the contract between you and us with immediate written notice if you fail, without good reason, to pay on time.

Delivery

5.1

We will confirm the shipping date (including tracking number) by issuing you a shipping notice. If you chose the “pick up” option, we will confirm the date from which the object will be ready to be collected in our Geneva store, during opening hours. We are not responsible for items not collected within 12 (twelve) months from this date.

5.2

The place of delivery is as stated in the order confirmation. For practical reasons, we may deliver several products from the same order by installments, which we will communicate to you with the shipping notice. In this case, no extra shipping fees will be charged to you.

5.3

If we cannot meet the estimated delivery date indicated in the order confirmation and the revised delivery date will exceed 30 days from the original date of order, then we will contact you to advise you of a proposed new date for delivery. If you refuse the revised delivery date and we are unable to deliver the product(s) within 30 days from the original date of your order or on or prior to the specifically agreed delivery date if applicable, then you may cancel the order without charge and obtain a full refund. Where the products are delivered in installments, then, unless expressly otherwise agreed at the time of placing the order, these installments should be delivered within 30 days of placing the order.

Passing of ownership and risk

6.1

Ownership of the products will pass to you upon the later of receipt by us of full payment of all sums due in respect of the products (including delivery charges) or delivery to you of the products. We may recover any products supplied at any time prior to ownership passing if you are in breach of these conditions of sale.

6.2

Risk of the products passes to you upon delivery. Risk in the sense of this provision means the responsibility for damage caused to or by use, handling or storage of the products.

Acceptance of products, right of cancellation

7.1

You must notify us of any missing products, or damage or defects to the products promptly following delivery.

7.2

You may cancel the contract between you and us for any reason, by sending written notice (including email) by specifying if you want to exchange your purchase or be refunded, not later than 7 days from the day after the day of receipt of the products, without incurring any obligation or liability to Espace Temps. We will then send you a return authorization number (r.a.n.).

7.3

If you cancel, you must return the products (including any accessories which were included in the price of the products) with proof of purchase and r.a.n., in their original condition, unworn, undamaged and at your cost. If not all accessories that were included with the products are returned, we shall be entitled to charge you for the cost of the missing items.

7.4

If you cancel the contract between you and us in accordance with paragraph 7.3, we will refund you the price paid, less the direct cost of customs clearance or VAT (where applicable), within a period of 14 days of the day we receive the products back.

7.5

Following any cancellation you must return the products to us at the address indicated below within a period of 7 days of the day you receive your r.a.n.
Espace Temps
13 rue du Mont-Blanc
1201 Genève - Switzerland

Our refunds policy

8.1

When you return a product to us (for instance, because you have cancelled the contract between you and us, or have notified us in accordance with paragraph 12 that you do not agree to any change in these conditions of sale or in any of our policies, or because you claim that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will refund any money received from you using the same method originally used by you to pay for your purchase unless you have expressly agreed otherwise. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive the products back or, in the case of a defective product, the day we confirmed to you via email that you were entitled to a refund for delivery of the defective product.

8.2

Products returned by you because of a defect (under the terms of the guarantee certificate)

will be replaced at our expenses or refunded in full, including a refund of the delivery charges for sending the item to you (where applicable) and the cost incurred by you in returning the item to us. Where you chose a more expensive delivery option, we have the option to only reimburse you up to the amount you would have paid if you had chosen the least expensive common and generally acceptable form of delivery offered by us.

8.3

Products returned by you within the seven (7) day cancellation period (see paragraph 7.2 above) will be refunded in full, including the cost of sending the item to you (where applicable). However, you will be responsible for the cost of returning the item to us.

8.4

You must take reasonable care of the products until returned. If a watch arrives back to us damaged, worn or not in its original condition, or with the bracelet or strap damaged in any way (not due to Espace Temps’ fault or negligence) or not in its original condition, then we reserve the right to refuse the return or to refund the price of the watch but less the costs for a new bracelet / strap or the repair / replacement of a damaged or missing component / accessory. In case of a refused return you will be responsible for the cost of re-sending the item to you.

8.5

If you have chosen to order a watch with a strap or bracelet that has been adjusted already and you wish to return the watch, we reserve the right to refuse the return or to charge you the cost price for a replacement strap to put the watch back in its original condition.

Warranty, repairs, replacement

9.1

We warrant to you that any product purchased from us through our site is of satisfactory quality.

9.2

In case of damage or defects to products, Espace Temps will, at its own discretion, promptly repair the product or send a replacement after the damaged or defective product has been returned.

9.3

Warranty for watches. All watches offered for sale on this website have the benefit of a 24 or 36 months (depending on the brand) International Warranty to be free from any material or manufacturing defects existing at the time of delivery. The full warranty terms are in the International Warranty document provided with each watch.

9.4

Warranty claims may be made either with an authorized retailer of the respective brand or by returning the product directly to Espace Temps, 13 rue du Mont-Blanc, 1201 Geneva, Switzerland. Warranty claims must be accompanied by the valid international warranty certificate stamped by Espace Temps, that verifies the date of purchase as well as the reference of the product.

LIABILITY

10.1

OUR LIABILITY IN CONNECTION WITH ANY PRODUCT PURCHASED THROUGH OUR SITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PRODUCT.

10.2

WE ACCEPT NO LIABILITY FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

10.3

WE MAY ENGAGE THE SERVICES OF THIRD PARTIES, INCLUDING (BUT NOT LIMITED TO) DELIVERY SERVICES AND PAYMENT SERVICES, IN ORDER TO FACILITATE THE SALE AND DELIVERY OF A PRODUCT TO YOU. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, WE HEREBY EXCLUDE ALL LIABILITY FOR ANY DELAYS OR LOSSES WHICH MAY RESULT FROM THE SERVICES PROVIDED BY SUCH THIRD PARTIES. WE WILL HOWEVER USE ALL REASONABLE ENDEAVOURS TO REPLACE ANY LOST OR DELAYED ITEMS AS SOON AS REASONABLY POSSIBLE.

Miscellaneous

11.1

Written communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11.2

Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

11.2.1

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.2.2

Impossibility of the use of public or private telecommunications networks.

11.2.3

The acts, decrees, legislation, regulations or restrictions of any government.

Our right to vary these conditions of sale

12.1

We have the right to revise and amend these conditions of sale from time to time.

12.2

You will be subject to the policies and conditions of sale in force at the time that you order products from us.

Law and jurisdiction

13.1

Contracts for the purchase of products through this website shall be interpreted and governed in accordance with Swiss law. The relevant court of Geneva shall have exclusive jurisdiction in respect of any dispute arising from contracts between you and us and these conditions of sale.