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GENERAL TERMS AND CONDITIONS (General T&Cs)
of the website WWW.WATCHCENTER.CH (WEBSITE)

governing the legal relationship between
the website user (CLIENT)
and
the website owner (WATCHCENTER).

On the WEBSITE www.watchcenter.ch, the owner, WATCHCENTER, owned by Riccardo Radaelli, in Lugano, showcases an array of products (mainly watches and jewellery) which the client can bid on via the WEBSITE or by fax.

WATCHCENTER reserves the right to modify the way this website works or the related general terms and conditions (General T&Cs) at any time.

Listing products on the WEBSITE with their relevant prices does not constitute an offer for sale.

The items listed correspond to the photographs published on the WEBSITE.

In the event of a sale, all goods are delivered with a warranty lasting one year. The warranty excludes damage caused by water (if the watch is sold as “non-waterproof”), damage to the balance wheel and damage to the glass.

The warranty is voided if the CLIENT or a third party try to repair the item personally without the prior agreement of WATCHCENTER.

The information that the CLIENT provides when they submit their bid must be complete and truthful. When they access the website, the CLIENT guarantees their legal capacity and power of disposal.

When it receives a bid, WATCHCENTER will freely and unilaterally decide whether or not to accept.

WATCHCENTER reserves the right to ask for written confirmation of the bids submitted by the CLIENT via the WEBSITE, especially when the CLIENT does not give their name and address.

When WATCHCENTER accepts a bid, it sends the CLIENT an order confirmation including the General T&Cs applicable to the contract being entered into and the details necessary for payment, which must be made (unless otherwise agreed by the parties) within 7 days of the order confirmation sent by WATCHCENTER to the CLIENT.

Upon transmission of the order confirmation to the CLIENT, the goods shall be considered as reserved for the CLIENT, but shall remain the property of WATCHCENTER until the latter receives full and final payment of the amount indicated in the order confirmation.

Receipt of payment is a condition precedent of the contract, which will enter into force only once payment has been made.

If the CLIENT fails to pay for the goods by the given deadline, WATCHCENTER may declare the contract null and void and consider itself free of any commitments, retaining its statutory rights in its relationship with the CLIENT.

For credit card payments, WATCHCENTER reserves the right to request further confirmation of payment from the company that issued the card.

Purchases are final and conclusive. No exchanges, refunds, returns or withdrawals.

Products shall be shipped on business days, usually within two working days of receiving confirmation of payment. When it ships a product, WATCHCENTER will send the CLIENT an email containing the necessary information for tracking the parcel (if available).

Any costs of shipping in the ways indicated by WATCHCENTER are included in the price of the product.

WATCHCENTER shall not be held responsible for any shipping delays caused by the carrier.

Products are delivered by the couriers chosen by WATCHCENTER. The parcel containing the goods is insured by WATCHCENTER up to the destination address provided by the CLIENT. If the CLIENT claims that the parcel has been damaged during transport, WATCHCENTER may submit a claim for damages to its insurer in the ways established in its insurance policy, and where it is fully covered, must reimburse the CLIENT up to the amount paid, as long as the CLIENT meets all the following conditions promptly and in full:

  • the CLIENT sends WATCHCENTER an email immediately informing it of the damage caused during transport, asking WATCHCENTER to activate the return procedure;
  • the CLIENT doesn’t send or return the goods to WATCHCENTER on its own initiative, unless expressly authorised to do so by WATCHCENTER;
  • if they are authorised by WATCHCENTER to return the goods, it is imperative that the CLIENT returns these in their full original packaging (including packing materials and any documentation and accessories). To limit damage to the original packaging, the CLIENT is advised to place the wrapped product in a second box; the CLIENT should avoid attaching labels or sticky tape directly to the original packaging of the product under any circumstances. Unless all of these conditions are met, the return of the product will not be accepted.
  • Once the product has been received and the damage verified, WATCHCENTER will send the CLIENT an email stating whether it believes the damage was incurred during transport or not, whether or not it has the correct details for submitting a claim to its insurance company, and whether or not it will proceed to repair the product.
  • WATCHCENTER will, if it deems it possible in its exclusive and final opinion, repair the product, which will be sent back to the CLIENT; if this is not possible, WATCHCENTER will activate the procedure for refunding the price paid for the damaged product to the CLIENT.
  • Any full or partial refund of the amounts paid by the CLIENT will always be made exclusively to the CLIENT that made the payment and using the same payment method chosen by the CLIENT.
  • The maximum liability of WATCHCENTER may not in any event exceed the amount paid by the CLIENT to purchase the product.

 

The prices indicated on the website include any Swiss VAT due at 8% and any shipping costs as indicated above.

WATCHCENTER hereby informs the CLIENT that in the event of shipping abroad (or to a destination outside Switzerland), the country of destination may apply taxes, duties, charges or other customs and/or import costs, which must be covered entirely and exclusively by the CLIENT.

At the CLIENT’s request, the goods may be collected upon appointment from the WATCHCENTER shop in Via Nassa 25 in Lugano. Choosing this delivery method will not affect the amount due under contract by the CLIENT.

By submitting a bid, the CLIENT declares and confirms that they have read and are familiar with the General T&Cs published on the WEBSITE, and that they accept them.

Upon paying for the goods, as indicated in the order confirmation, the CLIENT declares and confirms by conclusive facts that they have read and are familiar with the General T&Cs indicated in the order confirmation, and that they accept them.

By using the website, the CLIENT authorises WATCHCENTER to store, register, process and transfer their personal data as far as is necessary for concluding and performing contracts, keeping the company books and managing the WEBSITE. The CLIENT’s data shall not be disclosed to third parties unless this is necessary for performing the contract (namely for payment, shipping and insurance purposes).

Unless proven otherwise, the information registered on the WEBSITE shall constitute proof of the transactions carried out between the CLIENT and WATCHCENTER.

The WEBSITE uses SSL encryption software to protect and prevent access to data provided by the CLIENT, such as, for example, personal data and credit card details. Nonetheless, the absolute security of these systems cannot be guaranteed.

All legal relationships concerning the WEBSITE and/or WATCHCENTER and/or the CLIENT are subject to the exclusive jurisdiction of Swiss law. The court with jurisdiction is the court of Lugano.

Should any of the provisions in these General T&Cs be considered illegal, null and void or inapplicable for any reason, the applicability and validity of the other provisions will remain and the problematic clause replaced with another that pursues the same aim and result as far as possible.

These general terms and conditions (General T&Cs) have been drawn up in Italian. Any translated versions shall be for exclusively informational purposes, but in the event of any discrepancies, the Italian language version shall prevail.

 

General T&Cs-version 1.2017c