Terms & Conditions
Terms & Conditions
General Sales Terms and Conditions
The present general sales terms and conditions (hereafter "GTC") shall apply to all contracts of sale made between BALL Watch Company SA (hereafter "We" or "Us") and its customers (hereafter "You") on the website https://shop.ballwatch.ch/ (hereafter the "Website").
1. Conclusion of contract
1.1. The presentation of our products on the Website is a non-binding invitation (i) to order our products of our current collections, (ii) to pre-order our exclusive products (i.e. products customized according to your specifications, engravings, specific products in limited editions, products entitled to an exclusive price during a specific time frame, referred as Pre-Order campaigns) or (iii) to order accessories.
1.2. By submitting your order or pre-order, You declare your binding intention to enter into a purchase contract.
1.3. The shipment of the product(s) ordered by You shall occur in either of the following shipping periods:
1.4. The shipping periods indicated in §1.3.1, §1.3.2, §1.3.3 and §1.3.4 above are for
information purpose only and are not contractually binding. In either
case, We shall have an additional period of sixty (60) days
before we are in default for the shipment, in which case you may
withdraw your order and revoke the contract (for the detail, see: §2.2
1.5. We sell our goods exclusively to end customers who are over the age of 18, and exclusively in quantities which are typical of retail commerce.
1.6. The product presentation and description are a non-binding invitation to order the products and cannot be considered as a binding offer by BALL Watch Company SA. BALL Watch Company SA does its very best to be accurate when showing colors, product descriptions, product images, pricing, promotions, availability, materials and any other information or content in the E-Boutique. However, BALL Watch Company SA cannot guarantee that namely the colors and general product impression displayed on customer’s device are accurate or true.
1.7. Personalised Case Back Engravings
1.7.1. Only alphanumeric characters, spaces and punctuation are allowed. Special characters, letters with accent marks and non-English letters will not be engraved. All text is centered to fit the space. Capital letters are suggested for easy legibility.
1.7.2. All engravings on the case back are performed according exactly to the confirmation email sent by BALL Watch Co., including upper and lower cases, spelling and spacing.
2. Rights of revocation
2.1. Revocation period
You may freely exercise the right of revocation, without stating any reason, but only within the revocation period as stated above (§2.1.1. to 2.1.4.)
In order to be valid, this revocation must contain an unequivocal statement informing Us of your decision to withdraw from the contract of sale. It must be sent by You, by email at the address firstname.lastname@example.org, at the latest at 23.59 (Your time) of the last day of the revocation period.
2.2. Default in delivery
In case our delivery is delayed more than sixty (60) days after the end of the delivery period (as defined in §1.3 to §1.3.4 above), You will be entitled to withdraw your order and revoke the contract at any time, at the sole condition that your notification in this respect is received by Us before We would have sent You the confirmation that the product would have already been shipped to You. In order to be valid, your notification must be sent by You, by email at the address email@example.com.
2.3. Consequences of revocation
If You revoke the contract of sale according to §2.1., We will fully reimburse You without delay upon receipt of your revocation, insofar as your revocation has been received before the shipment of the purchased product.
If the product(s) had already been shipped when We receive your revocation, You shall return Us the product(s) within seven days of its delivery in your hands at the latest. The product(s) must be returned to Us (even though they would have been shipped by one of our partners abroad (see §3.1 below), in the original package, at your charge, at our address, as follows:
Ball Watch Company SA
Customer Service Online Shop
Rue du Châtelot 21
2300 La Chaux-de-Fonds, Switzerland
(Phone number: +41 32 724 53 00).
Upon receipt of the returned product(s), We shall then fully reimburse You (excluding shipping and handling charges), at the condition that no damage due to negligent or inappropriate handling or use of the product(s) has been caused by You, in which case the reimbursement will be reduced in due proportion.
Non-refundable handling charges may be charged by your bank when payment is made by a credit card.
3. Delivery - Shipping costs
3.1. Deliveries are always made by air shipment, directly through our regional forwarders (Fedex, TNT, DHL,UPS) or, depending on your location, by one of our partners abroad.
3.2. We may cancel confirmed orders due to external circumstances outside of our control, in which case We will immediately inform and reimburse You.
3.3. We may, if necessary, make partial deliveries, after sending You an email in advance informing You of a timetable for your orders.
3.4. International orders are subject to import taxes, customs duties and fees levied by the destination country. Customs policies vary widely from country to country. Your best course of action would be to contact your local customs office if You are unsure of these fees. Depending on the country of delivery, additional paperwork can be requested by our forwarder. Customs clearance procedures may cause delays in delivery. We are in no way responsible for these costs or delays. Taxes and VAT duties are included in payments for the following countries: Eurozone (Except Portugal), Switzerland, Australia, USA, Mexico, United Kingdom). BALL Watch Company SA does not act as importer of record. The Taxes and VAT duties are paid in advance by the foreign shipper, which acts as importer, on behalf of the ultimate consignee, the end buyer. Taxes and VAT duties are paid in the country of final destination.
4. Prices and methods of payment
4.1. The prices indicated on the Website at the date of order are applicable.
4.2. You may choose to pay for the product(s) by one of the methods of payment offered when completing the order, according to the terms and conditions mentioned. Depending on the result of the check on your data (solvency check, identity check), We reserve the right to exclude some methods of payment.
4.3. All payments must be made exclusively in advance, and using a valid credit card (American Express, Visa, MasterCard, Maestro, Diners, JCB, China Union Pay). Accordingly, We cannot accept any responsibility for any problems attributable to Your credit cards.
Unless otherwise explicitly stated, the legal provisions are applicable in respect of warranty, for a duration of two years as from the date of delivery to You.
We shall fully assume this warranty, also in case the delivery is made by one of our partners abroad (§3.1 above).
The international warranty covers material and manufacturing defects existing at the time of delivery of the purchased watch. The warranty only comes into force if the warranty card is dated, fully and correctly completed and stamped by an official BALL dealer. During the warranty period and by presenting the valid warranty card, you will be entitled to free of charge servicing of any repair carried out for the above manufacturing defects.
This manufacturer's warranty does not cover:
- Bracelet, strap, buckle or crystal
- Normal wear, tear and ageing
- Any damage on any part of the watch resulting from abnormal/abusive use, lack of care, negligence, incorrect useof the watch and non-observance of the operating instructions provided by BALL Watch Company SA
- A BALL watch handled by non-authorized persons or which has been altered in its original condition beyond BALL Watch Company SA's contro
- The cost of shipping the watch to the service center
For any repair, You shall contact Us at the following address:
BALL Watch Company SA
Rue du Châtelot 21
2300 La Chaux-de-Fonds
Tel: +41 32 724 53 00
To that effect, each product must be returned in a packaging suited to its transportation. You must pay the delivery costs. If unsuitable packaging is used, the appointed shipping company may refuse to collect the product. In the absence of the warranty certificate, any repair will be invoiced.
7. Copyright and trademark law
The full contents of the Website, including texts, graphics, photos, animated images, soundtracks, illustrations and software, are our property or that of our affiliated companies, licensees and/or content providers. These contents are protected by copyright and other rights. They may not be used without our express authorization.
Unless otherwise stated, all the trademarks used on the Website belong to Us. It is forbidden to use them without our written authorization.
8. Protection of personal data
We may become aware of personal data concerning You, either because We are entitled to ask You for them in accordance with these GTC, or because We collect them automatically. Whatever the nature of these data, We undertake to make every effort to process them in the strictest confidentiality, to protect them, and to strictly use them only to carry out Your requests or to improve services which may be offered to You on the Website or by email communication (newsletter).
Nonetheless, You may at any moment exercise Your right to access, rectify or object to the use of these data by logging into Your customer account or by emailing Us at the following address: firstname.lastname@example.org
9. License to access the Website
You are authorized to access and use the Website for personal purposes only and You may not, under any circumstances, without Our express written permission and under penalty of prosecution, use it or any of its contents for commercial purposes or for any other activity which may be damaging to Us.
We undertake to make every effort to give You the best possible service quality in accordance with the work carried out by all our staff. However, We cannot be held liable for any delay in the delivery of items ordered and in particular in the event that our suppliers run out of stock or in the event of any delay in the delivery of these items by our order delivery partners. Nevertheless, You may withdraw your order and revoke the contract in case of excessive delay in delivery (see §2.2 above). In any case, You shall have no claim whatsoever against Us, neither in case of your revocation (at the conditions provided for at §2.1 and 2.2 above) nor in case of our cancellation (at the conditions provided for at §1.2.1, §1.2.2 and §3.2 above or for any other justifiable reason).
As to the customized products referred to in §1.1 above, You shall ensure that the material provided by You to that effect is free of any intellectual property right (copyright, trademark, design or patent) or that You have obtained the authorization to use any such right from its legitimate owner. You shall consequently assume all liability for any infringement resulting from the use of this material in the product customized according to your specifications. In such circumstances, We shall in no way be held responsible for any violation of intellectual property that we may have ignored in good faith.
Despite Our vigilance and all the precautions We have taken with the partners with which We work to enable You to enjoy the services We offer, We do not guarantee that the Website and its various elements will function without disruption.
Consequently, We cannot accept any liability for any direct or indirect damage that may result from access to or use of the Website or any of its elements. Similarly, We cannot accept any liability for the consequences of your being unable to access or use it.
Moreover, We cannot accept any liability for any risks associated with the installation of software that may make it possible to view the Website or for any damage resulting from transmission errors, technical faults, overloads or interruptions in communications.
We do not accept any responsibility for the content of external web pages.
11. Applicable law - Jurisdiction
These General Sales Terms and Conditions are subject exclusively to Swiss law. The coercive measures of your country of residence are excluded. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Any dispute regarding these General Sales Terms and Conditions shall fall within the exclusive jurisdiction of the Courts of the Canton of Neuchâtel, Switzerland.
12. Modification of these GTC
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
In case of discrepancies between language versions, the English version shall prevail.
13. Publisher/operator of the Website
BALL Watch Company SA
Rue du Châtelot 21
CH-2300 La Chaux-de-Fonds
Fax : 0041 32 724 53 01
E-mail : email@example.com
Latest Update : 16.05.2019