GENERAL CONDITIONS OF SALE AND DELIVERY
1. General provisions
1.1 These conditions of sale and delivery apply to the sale and delivery of products offered for Espace Temps e-commerce by:
New Fashion SA, Espace Temps department, public limited company with capital of CHF. 50’000,00, whose registered office is 13, rue du Mont-Blanc, CH-1201 Geneva, n ° CHE-107.742.913 at RC Geneva, e-mail: firstname.lastname@example.org , telephone +41.22.732.87.64 (hereinafter referred to as “Espace Temps” or “us”) to persons wishing to make purchases (“you”) on the website for the sale of watchmaking products and accessories https://www.espacetemps.ch (website”).
1.2 Please read all of these conditions of sale and delivery carefully before ordering a product on the Website.
1.3 By ordering one of our products with obligation of payment, you automatically accept the provisions described below because during the order, you will have to click on the button “I have read and I accept the general conditions of sale and delivery as well. than the conditions relating to data protection ”if you accept these conditions of sale and delivery. We inform you that in the event of refusal of the conditions of sale and delivery, you will not be able to order the items offered on the Website.
2. Your status
2.1 If you order an item on the Website, you warrant that the following conditions are met:
2.1.1 You are entitled to conclude legally binding contracts.
2.1.2 You are a natural person acting as a consumer.
3. Purchase and order processing
3.1 The order of a product on the Website is considered as an offer to purchase this product in accordance with these conditions of sale and delivery.
3.2 After placing an order, you will receive an acknowledgment of receipt at your e-mail address stating that we have taken note of your order. This does not mean that your order has been accepted because all orders are subject to the agreement of Espace Temps which reserves, before any acceptance of your order and in order to secure transactions and fight against fraud, the right to ask you :
– either to confirm certain information relating to your order by telephone,
– or to send him proof of identity and / or address (photocopy of identity card and / or photocopy of proof of address of less than three (3) months).
3.3 Espace Temps undertakes to honor orders within the limits of available stocks. If all or part of the products ordered are not available, you will be informed by email to the address you provided when ordering. You will then have the choice to wait for the product to be available again or to cancel the order.
3.4 Espace Temps reserves the right to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order, and / or not in accordance with these conditions of sale and delivery, or in the event of refusal or abnormal or abusive returns on his part, or if the identification elements mentioned during the order or the information communicated relating to the payment and the respective delivery address do not obviously correspond to reality.
3.5 We will confirm the acceptance of your order and its delivery deadline by sending you an order confirmation by email to the same address. This confirmation will mark the existence of a contract between you and Espace Temps subject to the provisions of article 4.6. This contract will only relate to products that are the subject of an order confirmation. Also, it will not apply to other products that may be part of your order, unless they have been the subject of a separate order confirmation.
4. Price and payment
4.1 The price of each product is that indicated on the Website for the corresponding product, unless there is an obvious error. Swiss VAT at the current rate is included in the prices indicated. Any change in the applicable rate may be reflected in the price of the products. Prices are subject to change at any time. However, the applicable prices are those in force on the day and at the time when you confirm your order. These products may be subject to customs duties and / or VAT of the country where they are delivered. Espace temps is in no way responsible for the payment of these taxes.
4.2 Delivery costs are not included in the price, unless otherwise stated on the Website. In any case, the contribution to the delivery costs is indicated separately. The unit prices and the contribution to the delivery costs will again be indicated separately, in particular on the order confirmation e-mail, as will the total price. We are under no obligation to deliver a product to you at the wrong price if the pricing error is obvious and you could easily have detected that the price quoted was wrong. If this is the case, we will contact you before the product is delivered.
4.3 Payment can be made with the credit cards described in the ordering process.
4.4 We will confirm the amount to be paid in the order confirmation email. In all cases, the provision of your bank card number and the final validation of your order will be worth proof of the entirety of your order and will be worth due the sums engaged by the seizure of the products appearing on the order form.
4.5 We debit the amount due from your bank account just before delivery of the products and inform you that we will only deliver the ordered products when we have obtained full payment. We therefore reserve the right to postpone the delivery date until we have obtained full payment for the products ordered.
4.6 All payments by credit card are subject to a validity check carried out by the card issuer who must also authorize the use of the card. The order will only be considered effective after confirmation of the agreement of the bank payment centers. The personal data of the holder of the credit card which are necessary for these checks can therefore be exchanged with third parties and must be communicated directly by the holder on a particular page when ordering to the third parties responsible for checking the validity of the payment. If the credit card issuer does not authorize payment for your order, the delay or failure to deliver the order cannot be attributed to us.
5.1 We will inform you more precisely of the delivery date by means of a dispatch notice (including a tracking number) sent by email to the address you gave us during the ordering process. If you have chosen the option “withdrawal at the store” we will inform you by the same means of the date from which you will be able to withdraw your purchase during the opening hours of the store. We decline all responsibility for items not yet collected within one year from the date communicated.
5.2 The delivery address will correspond to the data you have indicated and that we will have included in the order confirmation email. In the event of absence during delivery, a calling card will be left and it will be up to you to collect the package from the places and within the time limits specified therein. If the deadlines are exceeded, the products will be returned to Espace Temps and it will be your responsibility to contact customer service for a possible reshipment at your expense.
5.3 For practical reasons, it is sometimes desirable to send certain products of the same order in several times (split shipment). If so, it will be mentioned in the dispatch notice and you will not be charged any additional delivery charges, if any.
5.4 If we are not able to meet the delivery deadline referred to in the email confirming your order, without your failure such as failure to pay in full, we will immediately contact you in order to send you the news. delivery date. If you refuse the new delivery date or in any case after the delivery deadline initially fixed and after having given us formal notice to deliver within a reasonable additional period either by electronic message to the address email@example.com or by registered letter, you can cancel the order by sending us a registered letter or an electronic message to this same address. In this case, the purchase price of the corresponding products, including delivery costs, for which you may have been debited will be refunded to you within 14 days from the date of your cancellation by crediting the corresponding account to the credit / debit card. used to place the order.
6. Transfer of risk and ownership
6.1 The product becomes your property as soon as payment of the purchase price (including delivery costs) has been made in full.
6.2 The transfer of risk takes place with the delivery in your hands. The risks, within the meaning of this provision, are those related to damage to the product or caused by its use, handling or storage. The risks associated with returning a product, for whatever reason, are your responsibility.
7. Right of withdrawal and return of products
7.1 You have a right of withdrawal which you can exercise, without having to justify the reason, by informing us and requesting a return authorization code from Espace Temps customer service by email to the address : firstname.lastname@example.org within a maximum period of seven (7) days from receipt of the product concerned. You will need to indicate in your email the number of the invoice you received and specify whether you wish to exchange this product or have it refunded. We will acknowledge receipt of your withdrawal email by providing you with the return authorization code.
You will have a maximum period of seven (7) days from the sending of your withdrawal e-mail to return the product (s) concerned to us to (unless otherwise specified by us): Espace Temps, 13 rue du Mont -Blanc, CH-1201 Genève, accompanied by a copy of the invoice to which you will have added the return authorization code that was communicated to you.
7.2 If the retraction has been carried out within the period and under the conditions referred to above and the product which reaches us has not been worn, used, if it is not damaged, if it is in original condition ( case, packaging, rubber strap not cut or cut to size, original links for metal bracelets delivered with size adjustment, warranty card, warranty booklet, certificates and instructions intact) and that it is accompanied by a copy of the invoice with the return authorization code, we will exchange the product or refund the invoice price, depending on what you have indicated in your letter. You are responsible for the cost of returning the product (s), as well as any customs or VAT charges invoiced to Espace Temps. These will be deducted, if applicable, from the amount of the reimbursement.
7.3.1 These return costs will only be reimbursed to you if the delivered products that you must have returned to us within the time limits set, did not correspond to those you had ordered or if they were defective. If you choose a more expensive shipping method, we reserve the right to reimburse you for these costs up to the amount we should have paid by choosing a reasonably cheaper shipping method.
7.3.2 If a defective product (according to the terms of the warranty certificate) or not in conformity with your order is returned to us, it will be replaced at our expense as soon as possible and the return costs will be reimbursed in accordance with article 7.3. .1. If this product cannot be replaced within a reasonable time or if you expressly request it, the invoiced price as well as the return costs will be fully refunded according to article 7.3.1.
7.4 Any product returned incomplete, worn, damaged, damaged or soiled will not be taken back. The costs of a possible re-shipment of the product will in this case be entirely at your charge. At its sole discretion, Espace Temps may decide to accept the return product anyway, but reserving the right to deduct the costs of replacing or repairing all damaged, soiled or missing components or accessories.
7.5 If you wished to be reimbursed as part of the exercise of your right of withdrawal, we will reimburse you for the amount invoiced, less any customs or VAT charges, within fourteen (14) days of the receipt of the product by Espace Temps by crediting the account corresponding to the credit / debit card used to place the order, after our services have inspected the product to verify that it meets the conditions referred to above.
8.1 Contractual guarantee:
If the product is affected by a defect, Espace Temps will arrange for it to be repaired or will deliver a replacement product to you after receipt of the defective product. Wear, deterioration due to improper handling, scratched or broken glass, wear of the bracelet are not considered to be defects and are not covered by the warranty.
8.2 All watches offered for sale on this Website are provided with an international guarantee of 24 or 36 months, depending on the brand, for material or manufacturing defects existing at the time of delivery of the purchased watch. The general conditions concerning the guarantee appear in the International Guarantee booklet supplied with each watch.
8.3 The warranty must be used at an authorized brand retailer or by returning the product to Espace Temps, 13 rue du Mont-Blanc, CH-1201 Geneva.
8.4 Any request relating to the use of the guarantee must be accompanied by the international guarantee certificate with Space Time stamp, date and product reference.
9.1 Espace Temps takes the greatest care in the presentation of the products and their description. However, product photos are for illustrative purposes only, small differences may appear on the screen, especially when it comes to colors. These photos are therefore not contractual. Please refer to the description of each product for specific characteristics.
9.2 Consulting and ordering on the Website implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information. information, the risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.
9.3 Espace Temps cannot be held liable for any direct or indirect damage resulting from an interruption, any malfunction, for any reason whatsoever, or any direct or indirect damage which may result, in any way, from a connection to the Website. It is up to all Internet users to take all appropriate measures to protect their own data and / or software stored on their computer equipment against any attack. The connection of any person to the site is done under his full responsibility.
9.4 In any event, except willful misconduct and gross negligence, and liability for defective products, the total liability of Espace Temps for all reparable damage under the terms of the contract that it may cause you is limited to the sole repair of foreseeable, direct and material damage actually suffered by you as a result of a breach of Espace Temps. This repair may in no case exceed the amount of your last purchase, even if Espace Temps was informed of the possibility of such damage occurring.
10. Proprietary rights and authorization of use
10.1 The contents of the Website may only be downloaded, displayed and / or printed for private and non-commercial purposes.
10.2 Total or partial reproduction of the Website is strictly prohibited.
10.3 The source code or the structure of the representations and / of the contents and / or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the functioning and use of the Website.
11 Links to and from other websites
11.1 Hyperlinks from the Website to websites belonging to third parties may exist. These other sites are not under the control of Espace Temps and you acknowledge that Espace Temps is not responsible for the accuracy, respect for intellectual or industrial property rights, legality, or any content of these sites.
12.1 These conditions apply throughout the duration of the online posting of the products offered for sale by Espace Temps on the Website. They are subject to change. The applicable conditions are those in force on the day and time you confirm your order.
If one of the provisions of these conditions of sale is considered illegal or unenforceable by a court decision, the other provisions remain in force and applicable.
13.2 Electronic communication:
By browsing our website, you accept that the communication – in accordance with the legislation in force – is carried out electronically. The computerized registers, kept in the computer systems of Espace Temps under reasonable security conditions will be considered as proof of orders, communications and payments made between Espace Temps and you.
13.3 Contact address Space Time:
To contact our company, send us a letter at Espace Temps , 13 rue du Mont-Blanc, CH-1201 Geneva or an email to email@example.com . You can also call us at the following telephone number for any questions, especially regarding your orders and deliveries (Monday to Saturday: 9:15 a.m. to 6:00 p.m.): +41 22 732 87 64
13.4 Jurisdiction and applicable law:
These conditions of sale and delivery are governed by Swiss law. The place of jurisdiction is Geneva.
13.5 Personal data:
You have, at any time, the right to access, oppose and rectify your personal data by writing, by mail and justifying your identity, to Espace Temps, 13 rue du Mont-Blanc, CH- 1201 Geneva or by email , by proving your identity, to firstname.lastname@example.org