Terms & Conditions
Terms & Conditions
General sales terms and conditions
The general sales terms and conditions (hereinafter "GTC") define the provisions and benefits of the contract of sale between BALL Watch Company SA (hereinafter "We" or "Us") and its customers (hereinafter "You").
1. Conclusion of contract
1.1 The presentation of our goods on the online shop site shop.ballwatch.ch is a non-binding invitation to order our products.
1.2 By submitting your order, you declare your binding intention to enter into a purchase contract.
1.3 Delivery of the goods shall be deemed acceptance of the offer made by us. The automatic email confirming your order shall not be regarded as an acceptance of the offer; it shall confirm only receipt of your order. It is our responsibility to decide whether or not to accept an order. If we do not wish to proceed with your order, we will inform you of this decision immediately.
1.4 If, when processing your order, we find that the products that you ordered are not available, you will be informed thereof by email. A contract shall not be entered into for the unavailable goods.
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.
2. Option to voluntarily exchange goods
2.1 Irrespective of your legal right of retraction, we voluntarily give you the option to return the products that you bought from us. You may then, without stating reasons, return to us, free of charge, the items that you bought on the online shop site shop.ballwatch.ch within a period of seven days of receiving them, provided the goods are complete, have not been used and are not damaged. Items sealed with a special sticker or packaged in a protective film for hygiene reasons may only be returned if the sticker or protective seal has not been removed.
2.2 The option to voluntarily exchange goods does not apply to limited editions or items which have been customized or made to the customer's specifications.
2.3 Furthermore, you may exercise your legal right of retraction mentioned under point 3.
|3. Legal information pertaining to the return of goods|
You may exercise your right of retraction by sending us an unequivocal statement (e.g. by letter, fax or email) informing us of your decision to cancel the contract of sale, or – if the goods were delivered to you before the period elapsed – by returning the goods to us.
The statement of retraction or the goods are to be sent to:
BALL Watch Company Online Shop
Fax: +41 32 724 53 01
The withdrawal period is regarded as having been respected if the statement of retraction is delivered or return of goods made within the stated time limits.
3.2 Consequences of retraction
The reimbursement may be delayed until we have received the goods or until you have provided us with proof of return of goods, whichever of these dates is the earlier.
You are required to return the goods to us without delay and no later than seven days after the date on which you informed us of your wish to cancel the contract of sale. This deadline is regarded as having been respected if you return the goods to us before the period of seven days has elapsed. You are responsible for paying the delivery costs associated with the return of goods.
You shall only be responsible for any depreciation of the goods caused by handling thereof other than handling which is necessary to check the nature, characteristics and proper working condition of the goods.3.3 Exceptions
The right of retraction does not apply to contracts of sale for the provision of goods which are limited, non-standardized, made to the customer's specifications and/or clearly customized.
4. Delivery/shipping costs
4.1 Deliveries are always made by shipment.
4.2 The delivery times indicated on the Website are given for information purposes only. They do not constitute contractually binding dates. If a delivery time cannot be adhered to, the customer may cancel his or her order after an additional period of at least 60 days, which he or she shall indicate to Us in writing, has elapsed. In this case, the customer may not claim additional compensation.
4.3 We may cancel confirmed orders due to external circumstances outside of Our control; such a cancellation will have no financial implications for You.
4.4 We may, if necessary, make partial deliveries, after sending You an email in advance informing You of a timetable for Your orders.
4.5 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 and/or delays.
5. Price and methods of payment
5.1 The prices indicated on the date of order are applicable.
5.2 Customers may choose to pay for goods by one of the methods of payment offered when completing the order, and 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). Accordingly, we cannot accept any responsibility for any problems attributable to credit cards.
6. Retention of title
The goods shall remain our property until they have been paid for in full. By agreeing to these terms and conditions, you agree for the retention of title to be registered under your place of residence/domicile.
Unless explicitly stated otherwise, the legal provisions are applicable in respect of warranty.
For repairs, the customer shall contact the company directly as follows:
BALL Watch Company SA
Rue du Châtelot 21
2300 La Chaux-de-Fonds
Tel: +41 32 724 53 00
The goods must be returned in their original packaging and with the warranty certificate. If the original packaging cannot be used, the goods must be sent in packaging suited to their transportation. The customer must pay the delivery costs. If unsuitable packaging is used, the appointed shipping company may refuse to collect the goods. In the absence of the warranty certificate, any repair will be invoiced.
9. 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.
10. 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 strictly to use them only to carry out Your requests or to improve services which may be offered to You on the Website.
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
11. 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. Notwithstanding the above, You have the right to cancel the order in the event of a delay exceeding the 60-day period previously agreed upon in writing.
We do not provide customized products that have copyrighted, trademarked and patented words, logos, graphic and slogans without due authority of the organizations or individuals who hold these trademarks, patents and copyrights. We shall under no circumstances be held responsible for copyright violation and any other violations and the customer should assume all responsibility for violations arising out of protected works.
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.
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.
Similarly, 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.
13. Applicable law
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.
14. Publisher/operator of the online shop
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.
15. Publisher/operator of the online shop
BALL Watch Company SA
Rue du Châtelot 21
CH-2300 La Chaux-de-Fonds