Terms and Conditions of sale (Date 1st november 2017)
These terms and conditions of sale ("Terms" or "Terms and Conditions of Sale") apply to all sales transactions through this online store ("Webshop"). Please read these Terms and Conditions of Sale carefully before ordering products from this Webshop.
By ordering our products, you agree to be bound by these Terms and you represent that you are legally capable to enter into binding contracts and are at least 18 years old.
If you accept these Terms please confirm your agreement by clicking "I accept" during the online ordering process. If you do not accept these Terms you will not be able to order any products from this Webshop.
2. Webshop Operator
The Webshop is operated by Mondaine Watch Ltd. with registered address at Etzelstrasse 27, 8808 Pfäffikon/SZ, Switzerland.
Our customer service can be reached at firstname.lastname@example.org.
3. Order Process
Your order for a product on this Webshop constitutes a binding offer to purchase the ordered good in accordance with these Terms and Conditions of Sale. All orders are subject to our acceptance with an order confirmation which we will send by e-mail to you.
Our order confirmation will conclude the binding contract for the purchase of the ordered goods. The contract will cover only those goods that we have accepted in the order confirmation and will not apply to any other goods which you may have ordered on the Webshop.
We reserve the right to reject accepting orders if the goods are not available or we receive a negative credit report or due to any other reason relevant to the fulfillment of the purchase transaction.
4. Product Description and Availability
We make every effort to display the products as accurately as possible on the Webshop. However, we cannot guarantee that the descriptions and images of the products are accurate and error free and that the products meet your expectations. Product descriptions and prices are subject to change without notice.
If the ordered products are not available, we will inform you by e-mail and give you the option to wait if the goods will become available again or to cancel the order at a full refund.
We reserve the right to discontinue products at any time at our own discretion or refuse acceptance of orders from certain geographical areas or to limit the quantities available for purchase on the Webshop.
5. Prices and Payment
The total price of your order, including VAT and shipping costs, will be shown at the end of the online order process. By confirming the order, you agree to the displayed price.
In cases of obvious errors which you could have reasonably recognized as wrong price, we may charge the correct price even after sending you an order confirmation.
The price may be paid by Paypal or the credit or debit cards specified in the ordering process.
Card holders are subject to validation checks by the card issuer. We may share the card holder's personal information with such third parties as are necessary to enable us to carry out such checks and process the payments.
Delivery of the products will be suspended until full payment is received. In addition, we reserve the right to cancel the purchase contract with immediate effect if you do not pay on time.
6. Delivery and Inspection upon Receipt
The goods are delivered to the delivery address specified in your order.
If we are unable to ship the ordered goods within 30 days from the date the order was confirmed by us, then you may cancel the order without charge and are entitled to a full refund. For subscription models/presale orders, the lead time may be longer, as per our “Preorder Terms and Conditions”.
Upon receipt of the goods you have to inspect the shipment for completeness and accuracy. Missing, defective or damaged goods have to be reported in writing immediately after delivery.
7. Right of Revocation
As consumer you have the right to cancel the contract without stating a reason within 14 days from the day following the day of receipt of the goods. If you exercise this right of cancellation in a timely manner, you are no longer bound by the contract.
The revocation declaration is to be sent in writing or by e-mail to the following address:
Mondaine Watch Ltd
You may use the revocation form available here but this form is not rerequired.
If you revoke the contract you must return the goods (including all other items which were included in the shipment to you) together with proof of purchase undamaged forthwith and in any case not later than within 14 days from the date you notified us of the revocation of the contract. The goods must be returned in accordance with the return conditions available under clause 8. The return period is met if you dispatch the goods before expiration of the 14 day period.
In case you revoke the contract in accordance with these Terms and Conditions of Sale and return the goods according to the return conditions, we will reimburse the paid purchase price within 14 days from the date we received the returned goods with the same payment method as the payment was made by you.
If not all items that were included in the shipment are returned or the watch is not in its original condition (i.e. it was used beyond the purpose of inspection and function checking or is damaged), we shall have the right to deduct the cost of the missing items or the replacement of the damaged parts from the reimbursement of the purchase price.
8. Return Policy
Please find our Return Policy with all details here.
Your watch purchased on the Webshop is warranted for a period of two years from the date of purchase against all manufacturing defects.
The warranty does not cover the normal wear and tear, the battery, strap, bracelet, crystal and crown, nor does it cover scratches and damages arising from, accidents, mistreatment, improper use or from alteration, service or repair performed by any party other than an authorized MISO® service center ("MONDAINE International Service Organisation") listed under our website www.mondaine.com.
In case of a defect covered by the warranty your watch will be repaired or replaced, at the sole choice of the MISO service center, free of charge. Replacement will be with a Mondaine watch of the same style or a style of comparable value.
Any further obligations including liability for incidental, consequential or special damage and any implied warranties are excluded from this warranty.
The warranty is valid only for watches purchased from this Webshop or from an authorized Mondaine retailer evidenced by an original warranty certificate duly signed, dated and stamped by the authorized retailer.
Our liability in connection with any goods purchased through our Webshop is strictly limited to the amount of the purchase price of the product.
In no event shall we be liable for any loss, claim, or any direct, indirect, incidental, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract or any other legal ground arising out of or in connection with any purchase transaction made through our Webshop, except to the extent caused by our intentional misconduct or gross negligence.
Where we use subcontractors or other third party service providers we exclude all liability to the extent permitted by law for any delays, damages or losses resulting from the services provided by such subcontractors or third party service providers.
If one of the provisions of these Terms and Conditions of Sale is held to be illegal, invalid or unenforceable for any reason under any applicable law or regulation, it shall be adjusted rather than voided in order to achieve the purpose and economic intent of that provision as closely as possible. In any event, all other provisions of these Terms shall be deemed valid and enforceable to the fullest extent possible.
We shall be entitled to modify these Terms and Conditions of Sale from time to time, provided, however, that such modification shall not apply to any orders placed prior to posting the revised Terms on our Webshop.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
14. Applicable Law
All contracts entered into through our Webshop shall be construed in accordance with and governed by Swiss law without regard to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The competent courts of Zurich, Switzerland, shall have exclusive jurisdiction over any differences or disputes arising out of or in connection with these Terms.
Pfäffikon, 1st November 2017