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, or (ii) to pre-order our exclusive products (i.e. products customized according to your specifications, engravings, specific products in limited editions, or products entitled to an exclusive price during a specific time frame, referred as Pre-Order campaigns). 1.2. By submitting your order or pre-order, You declare your binding intention to enter into a purchase contract.
1.3. The delivery of the product(s) ordered by You shall occur in either of the following delivery period:
1.4. 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.
1.5 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.
2. Personalised Case Back Engravings
2.1. 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.
2.2 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.
3. Rights of revocation
3.1. Initial 7-days right of revocation (only for products of our current collections)
We grant You a right of revocation for the purchase of any product of our current collections. You may freely exercise this right, without stating any reason, but only within seven days as from the date of your order (the revocation period).
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 seventh day of the revocation period.
This 7-days right of revocation does not apply to the purchase of any exclusive product (as defined in §1.1).
For exclusive product (Pre-order Campaigns, Limited Editions, Engraved Products) no cancellations or changes of order details or engraving will be accepted after 3 days of the ordering date.
3.2. Default in delivery
3.2. Consequences of revocation
4. Delivery - Shipping costs
4.1. 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.
4.2. We may cancel confirmed orders due to external circumstances outside of our control, in which case We will immediately inform and reimburse You.
4.3. We may, if necessary, make partial deliveries, after sending You an email in advance informing You of a timetable for your orders.
4.4. 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. 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, Middle East. 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.
5. Prices and methods of payment
5.1. The prices indicated on the Website at the date of order are applicable.
5.2. 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.
5.3. All payments must be made exclusively in advance, and using a valid credit card (American Express, Visa, MasterCard, 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 (§4.1 below).
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 its original packaging and with the warranty certificate. If the original packaging cannot be used, the product must be sent 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.
8. 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.
9. 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: email@example.com
10. 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 §3.2 to §3.2.2 above). In any case, You shall have no claim whatsoever against Us, neither in case of your revocation (at the conditions provided for at §3.1 and 3.2 above) nor in case of our cancellation (at the conditions provided for at §1.2.1, §1.2.2 and §4.2 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.
12. 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.
13. 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.
14. 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 : firstname.lastname@example.org
Latest Update : 28.06.2018