General Terms and Conditions
of Sale and Shipping

General provisions

The provisions herein apply to the sale and shipping of goods proposed for cybercommerce by the company Gagnebin Horlogerie SA, Chemin Mettlen 9b, 2500 Bienne Suisse, info@g-gagnebin.ch, +41 78 625 55 00.

By ordering one or several of the goods sold by Gagnebin Horlogerie SA and by ticking the box « I have read and agree with the general terms and conditions of sale and shipping », the buyer declares that they have read, understood and adhered to the general terms and conditions herein.

Furthermore, the buyer guarantees that they have the exercise of civil rights and are allowed to conclude contracts on their own behalf.

Purchase of goods

The ordering of a product on this website constitutes an offer to purchase by the buyer which can only be withdrawn upon effective reception by Gagnebin Horlogerie SA of the notice of order cancellation prior to the expedition of an order acceptation by Gagnebin Horlogerie SA to the buyer.

Once an order is made, the buyer receives an acknowledgement of receipt by electronic mail. This does not imply that the order was accepted by Gagnebin Horlogerie SA since all orders are submitted to the explicit agreement of Gagnebin Horlogerie SA who reserves, prior to any order acceptation and in order to secure the transactions and combat fraud, the right to ask the buyer for:

• either a confirmation by telephone of some information related to the order,
• or a proof of identity and/or residence (photocopy of the identity card and/or photocopy of an attestation of residence not more than three (3) months old).

In case of non-compliance with these requests in the allotted time, Gagnebin Horlogerie SA reserves the right to cancel the concerned order.

Price and payment

Prices are indicated in Swiss francs, euros or american dollars, as per the daily exchange rate. Gagnebin Horlogerie SA reserves the right to modify the sale price at any moment before any order.

The shipping costs are not included in the price, they are indicated separately and are to be validated when paying.

Indicated prices include the potential Swiss VAT applicable to each order. In case of an order for shipping outside of Switzerland, taxes, notably import taxes, fees and other custom charges or clearance potentially levied in the county of destination are not included in the price and are entirely at the recipient’s expense. The latter can also be submitted to other custom or import obligations in the country of destination. Interna-tional shippings are susceptible of being inspected by custom authorities, Gagnebin Horlogerie SA does not claim any responsibility in this regard.

Any ordered product will be shipped only when Gagnebin Horlogerie SA will have obtained the total pay-ment for the transaction, this can affect the delivery time indicated on the website of Gagnebin Horlogerie SA. All credit card payments are submitted to a validity control executed by the card issuer that has to, besides, authorize the use of the card.

Delivery

The shipping of available articles is carried out by mail or specialized courier, within about 5 to 10 business days following the order confirmation and the receipt of the total price by Gagnebin Horlogerie SA.

The delivery address will correspond with the data indicated by the buyer when placing the order.

In case of a mistake in the address from the buyer, the charges generated by a product return can be invoiced by Gagnebin Horlogerie SA to the buyer.

Warranty

Gagnebin Horlogerie SA guarantees that the products sold are compliant with the technical characteristics in effect at the date of shipping.

Additionally, Gagnebin Horlogerie SA declares that, as far as it knows, the products do not violate any third party intellectual property right.

Watches sold by Gagnebin Horlogerie SA come with a 2-year warranty.

Complaints procedure

The buyer will verify the conformity of the products with technical characteristics in effect without any delay at reception. Any complaint, including notably complaints for a presumed fault, damage and deficiency in quantity, are to be made in written form and have to reach Gagnebin Horlogerie SA within ten business days following the reception of the product by the buyer.

Regardless of the above, apparent damages from transportation must be notified to the carrier and to Gagnebin Horlogerie SA immediately upon delivery.

Complaints for damages that, despite careful verification of the product, could not be discovered in the delay indicated above are to be made in written form and reach Gagnebin Horlogerie SA within 10 business days following the discovery of said damages and, in any case, before the expiration of the 2-year warranty period.

The fact that the buyer does not complain within the indicated delay will be considered by Gagnebin Hor-logerie SA as an absolute and unconditional waiver of their right.

In case of a faulty product, Gagnebin Horlogerie SA is free to replace or repair the faulty product at its own expenses or to reimburse the price paid, under reserve of presentation of a valid warranty certificate. Further-more, the product has to be returned intact and complete, in its original packing (with tags mentioning its references).

Any shipping of faulty products has to be done to the following address (shipping costs at the buyer’s expense for the outward trip):

Gagnebin Horlogerie SA, chemin Mettlen 9b, 2500 Bienne, Switzerland

A copy of the purchase invoice, the warranty certificate and an explanatory note regarding the claimed fault have to be joined to the mail. In case of shipping from a country other than Switzerland, the mention « RE-TURN FOR REPAIR » has to be indicated on the export packing slip.

International warranty offered by Gagnebin Horlogerie SA excludes the following in particular :

• Any damage caused by inadequate use or manipulation, neglect or accident
• Any damage caused by the intervention of an individual non authorizied by Gagnebin Horlogerie SA
• Loss and theft
• Normal wear and tear (of leather for example)

Responsibility and property

In legal limitations, Gagnebin Horlogerie SA disclaims any responsibility as regards the use and content of the website : www.g-gagnebin.ch as well as all the links and references it contains, of which Gagnebin Hor-logerie SA does not guarantee neither claims any element. None is authorized to trust any information dis-played on this website, unless they receive an individual and specific confirmation from Gagnebin Horlogerie SA, such as an order confirmation.

The integrality of the content of the website www.g-gagnebin.ch as well as the products, attributes and in-formation displayed are the exclusive property of Gagnebin Horlogerie SA. Gagnebin Horlogerie SA owns in particular exclusive intellectual property rights on the integrality of the content of the website www.g-gagnebin.ch as well as the products, attributes and information displayed. Any reproduction, use or exploi-tation that was not expressly authorized by Gagnebin Horlogerie SA is prohibited.

Gagnebin Horlogerie SA aims to comply with any governing law in terms of protection of third party data that are transmitted. In particular, all personal data will be considered as confidential by Gagnebin Horlogerie SA. Information necessary to the management of the order will be treated computationally and can be com-municated to, if necessary, to associate companies as part of the management of the order, such as payment processors.

Venue and governing law

The general provisions herein and the contractual relationship that ensues between the buyer and Gagnebin Horlogerie SA are submitted to Swiss law, any conflicts of law rule as well as the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.

Any litigation will be submitted to the jurisdiction of courts having jurisdiction in Bienne, Switzerland, with-out any prejudice of the right of Gagnebin Horlogerie SA to submit the litigation to courts on the place where the buyer is established.