Terms and Condition
General terms and conditions
THOMMEN WATCHES, ASJA Imagine AG
1. Scope and general
These General Terms and Conditions (“Terms”) of THOMMEN WATCHES, ASJA Imagine AG, Spiegelhofstrasse 56, 8032 Zurich, for THOMMEN WATCHES business division (hereinafter “THOMMEN WATCHES”), apply to all business relationships between THOMMEN WATCHES and its customers.
THOMMEN WATCHES produces and sells high-quality watches and provides services in the field of watch repairs and watch overhaul. THOMMEN WATCHES owns and operates the website www.thommenwatches.com for this purpose.
A Customer is defined as any natural or legal person who maintains business relations with THOMMEN WATCHES.
These Terms shall apply exclusively. Any terms and conditions that contradict, add to or deviate from these Terms require the express written confirmation of THOMMEN WATCHES in order to be valid.
The Customer confirms that they accept these Terms in full when purchasing watches, when making use of watch repairs and watch overhaul from THOMMEN WATCHES, when using www.thommenwatches.com or when entering into a contract.
When making reference to the contracting parties in the English version of these Terms, the plural forms “they”, “them” and “their” are used. These words are to be understood to be gender neutral, and apply equally to singular or plural.
This English language version of the Terms has been translated from German. The legally binding version is always the German original.
2. Information from THOMMEN WATCHES
THOMMEN WATCHES brochures and advertising material as well as the website www.thommenwatches.com contain information about watches, watch repairs and watch overhaul. We reserve the right to make price and product range changes as well as technical modifications. All information (descriptions, illustrations, films, dimensions, weights, technical specifications and other details) are to be understood as approximate values only and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. THOMMEN WATCHES makes every effort to ensure that all details and information are correct, complete, up to date and clearly laid out, but THOMMEN WATCHES cannot provide any guarantee for this, either expressly or implicitly.
THOMMEN WATCHES cannot give any guarantee that watches advertised will be available at the time of the order and that advertised watch repairs and watch overhaul can be provided. Therefore, all information on availability and delivery times and on services is without guarantee and may change at any time and without notice.
Prices quoted on www.thommenwatches.com are exclusive of statutory Value Added Tax (VAT). VAT will be added to the prices quoted at the statutory rate applicable at the time. Prices are quoted net in Swiss francs (CHF).
THOMMEN WATCHES reserves the right to make technical changes; errors and misprints may occur. In particular, THOMMEN WATCHES may make price changes at any time without prior notice.
Shipping costs shall be borne by THOMMEN WATCHES. Any customs duty will be invoiced separately and is to be paid by the Customer.
4. Conclusion of contract
- a) When buying watches
The items advertised on www.thommenwatches.com constitute an invitation to the client to purchase watches. When an order is placed on www.thommenwatches.com, which includes accepting these Terms, the purchase contract is entered into. THOMMEN WATCHES then automatically sends an order confirmation by e-mail, which confirms that the contract has been entered into.
If, after the contract has been entered into, it becomes apparent that the watches ordered cannot be delivered or cannot be delivered in full, THOMMEN WATCHES is entitled to withdraw from the contract in its entirety or from a part of the it. Any payment already made will be refunded to the Customer on a pro rata basis. Where no payment has yet been made, the client shall be released from the obligation to pay. In the event of termination of the contract, THOMMEN WATCHES is not obliged to make a replacement delivery or to pay compensation.
- b) When placing an order for watch repairs or watch overhaul
A contract is entered into upon acceptance of the quote from THOMMEN WATCHES. A contract is also entered into when the Customer places an order for watch repairs and watch overhaul advertised by THOMMEN WATCHES.
If, after the contract has been entered into, it becomes apparent that the watch repair or watch overhaul ordered cannot be carried out or cannot be carried out in full, THOMMEN WATCHES is entitled to withdraw from the entire contract or from a part of the it. Where the Customer’s payment has already been received by THOMMEN WATCHES, it will be refunded to the Customer on a pro rata basis. If no payment has yet been made, the Customer will be released from the obligation to pay for that part of the contract. In the event of the contract being terminated, THOMMEN WATCHES is not obliged to make a replacement delivery or to pay compensation.
5. Right of withdrawal
a) When buying watches
The Customer is granted a right of withdrawal for 14 days after receipt of the watches. If the Customer notifies THOMMEN WATCHES of the withdrawal in due time using the withdrawal form provided by THOMMEN WATCHES delivery and returns the watches to THOMMEN WATCHES within 14 days of notification, the deadline shall be deemed to have been met. No reason needs to be given for the withdrawal.
Exercising the right of withdrawal will result in a reversal of the contract. The Customer must return the watches in their original packaging, unopened and complete with all accessories and together with the shipping note. Returns to THOMMEN WATCHES take place at the expense and risk of the Customer. Any payment already made (including shipping costs) will be refunded to the Customer within 14 days, provided THOMMEN WATCHES has already received the watches back.
THOMMEN WATCHES reserves the right to require appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling by deducting the reduction in value from the purchase price already paid or by charging it to the Customer.
b) When placing an order for watch repairs or watch overhaul
The Customer is granted a right of withdrawal for 14 days after ordering a watch repair or watch overhaul, provided that THOMMEN WATCHES has not yet begun carrying out the work. The deadline is deemed to have been met if the Customer notifies THOMMEN WATCHES of the withdrawal in due time (by e-mail is sufficient). The withdrawal does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. Any payment already made will be refunded to the Customer within 14 days.
6. Payment modalities
a) When buying a watch
When buying watches, the Customer can use any of the payment options specified in the order process.
b) When placing an order for watch repairs or watch overhaul
The Customer is obliged to pay the amount invoiced by THOMMEN WATCHES within 30 days of the invoice date, unless they have already settled the amount via prepayment, credit card, PayPal or other payment systems.
If the invoice is not settled within the aforementioned payment period, the Customer shall automatically be in default and shall owe interest on arrears at the statutory rate of 5%.
THOMMEN WATCHES reserves the right to demand payment in advance at any time without giving reasons. In the event of non-payment within the deadline, THOMMEN WATCHES is entitled to refuse any further service and/or to withdraw from the contract.
The invoiced amount may not be offset against any claims the Customer may have against THOMMEN WATCHES.
7. Delivery, duty to inspect and notice of defects
In the case of watches
Deliveries are sent by post or courier service to the address specified by the Customer in the order. Upon dispatch, benefit and risk shall pass to the Customer.
If the consignment cannot be delivered or if the Customer refuses to accept it, THOMMEN WATCHES may terminate the contract after notifying the Customer of this by e-mail and setting a reasonable deadline; in addition the Customer will be charged for costs incurred.
It is the Customer’s duty to inspect the delivered watches immediately upon receiving the delivery and to notify THOMMEN WATCHES in writing by e-mail within 3 calendar days of any defects for which THOMMEN WATCHES provides a warranty.
Returns to THOMMEN WATCHES take place at the expense and risk of the Customer. The Customer must send the watches to THOMMEN WATCHES in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects.
If the inspection by THOMMEN WATCHES reveals that the watches do not have any detectable defects, THOMMEN WATCHES may charge the Customer for the work involved, the return shipment or any other costs incurred as a result.
8. Duties of THOMMEN WATCHES
In the case of repair or overhaul of watches
Unless otherwise agreed, THOMMEN WATCHES shall fulfil its obligation by providing the agreed service. The registered office of THOMMEN WATCHES shall be deemed to be the place of fulfilment, unless otherwise agreed.
a) In the case of watches
THOMMEN WATCHES supplies watches in flawless condition. Deviations within the tolerances customary to the industry are to be accepted by the Customer and do not constitute grounds for warranty claims.
THOMMEN WATCHES does not provide any warranty for damage which can be put down to any of the following: careless handling, repairs carried out by the Customer, normal wear and tear, failure to observe standards of use or care or excessive exposure to the weather and other excessive physical factors. No warranty is given for consumables.
In the event of defects notified in good time, THOMMEN WATCHES will guarantee that the watches purchased by the Customer are free of defects and functional for a warranty period of three years from the date of delivery. It is at the discretion of THOMMEN WATCHES to provide the warranty by means of free repair, by replacing the watch with a watch of equal value or by refunding the purchase price. Further claims by the Customer are excluded.
Warranty claims do not entitle the Customer to withhold payments or to claim damages.
b) In the case of repairs or overhaul of watches
THOMMEN WATCHES is liable within the terms of Art. 398 Para. 2 of the Swiss Code of Obligations for the faithful and careful fulfilment of the services that have been ordered from it. THOMMEN WATCHES shall assume the warranty for repairs and servicing carried out during a warranty period of two years from the date of delivery.
THOMMEN WATCHES excludes all liability, irrespective of its legal basis, as well as claims for damages against THOMMEN WATCHES and any auxiliary persons and vicarious agents. In particular, THOMMEN WATCHES is not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the Customer or third parties. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains unaffected.
On www.thommenwatches.com, THOMMEN WATCHES uses hyperlinks solely for the purpose of simplifying the Customer’s access to other web products or services. THOMMEN WATCHES can neither know in detail the content of such websites nor assume liability or other responsibility for their content.
11. Intellectual property rights
THOMMEN WATCHES is entitled to all rights to the watches, designs and trademarks or is authorised to use them by the owner.
The protection of our customers’ personal data is important to us. We take the issue of data protection seriously and pay attention to appropriate security. We process and maintain personal data in accordance with the provisions of the Federal Act on Data Protection (DSG), the Regulations on the Federal Act on Data Protection (VDSG), the Telecommunications Act (FMG) and, where applicable, other provisions under data protection law, in particular the European Union’s General Data Protection Regulation (GDPR).
The Customer agrees that THOMMEN WATCHES may use their data for the purpose of carrying out advertising (whether online or in print), in particular to send him information about products and services.
The Customer has the option of declining these advertising materials at any time by notifying THOMMEN WATCHES.
In all other respects, reference is made to THOMMEN WATCHES’ data protection declaration, which can be viewed on www.thommenwatches.com.
13. Other provisions
Should individual provisions of these Terms be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, Swiss substantive law shall exclusively apply, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Watches (SR 0.221.221.1) is explicitly excluded.
The place of jurisdiction is Zurich, provided that the law does not stipulate any mandatory places of jurisdiction.
Zurich, April 2, 2022