General terms and conditions of sale
Terms and conditions of sale
General terms and conditions of sale and delivery. 16.10.2019
1. General provisions
- The online shop www.mtwgeneve.com has been set up and is operated by the company TM CONCEPT Diffusion sarl domiciled at rue des eaux vives 94, Geneva 1207 Switzerland. MTWGenève (hereafter: MTWGenève) is a trademark of the company TM CONCEPT Diffusion sarl.
- These terms and conditions of sale and delivery are intended to define the contractual relationship between MTWGenève and the buyer. Any order placed on the www.mtwgeneve.com website (hereinafter: Website) implies unreserved acceptance by the buyer of these terms and conditions of sale and delivery. These terms and conditions of sale and delivery shall prevail over any other terms and conditions not expressly approved by MTWGenève.
- MTWGenève reserves the right to modify its terms of sale and delivery at any time. In this case, the applicable conditions will be those in force at the date of the order.
2. Your status
- If you order an item from the Website, you warrant that the following conditions are met:
- You are entitled to conclude legally binding contracts.
- You are at least 18 years old.
- You are a natural person acting as a bona fide end consumer and as a result you will not deliver, sell or otherwise distribute MTWGenève Products, or purchase MTWGenève Products for any commercial purpose or for any commercial purpose.
- MTWGenève may refuse an order for legitimate reasons, for example if MTWGenève has reason to believe that an order has been placed in violation of these General Terms and Conditions of Sale.
3. Registration process
- To be able to make purchases and use certain services or features available to you on this website, you must register.
- When you register, you must provide information about yourself. These must be accurate, precise, current and complete in every respect.
- If any of the information provided during your registration changes, please inform us immediately via our contact form on the "contact" page of our Website.
- The password for your account that you provide must be unique and secure. In the event of a breach of your account security or any unauthorized use, you must immediately notify MTWGenève.
4. Prices and payment
- The prices of the products listed on the Website are net prices based on the Swiss franc (CHF). Prices displayed in other currencies are converted from their base price into Swiss francs (CHF), which may imply a change in prices displayed in foreign currencies.
- Prices are DDP for Switzerland: products returned to the agreed destination, including VAT. For other countries, prices are DAP, products returned to the agreed destination, excluding customs duties and VAT.
- Some countries charge customs duties / import duties in addition to the displayed price. It is noted on our Website at the time of your purchase whether or not the total amount of your order includes these fees.
- MTWGenève does not issue a tax-free slip.
- MTWGenève reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Website on the day of the order will be the only one applicable.
- Payment can be made with the credit cards described in the ordering process. Payment must be made before delivery of the products.
- All credit card holders are subject to a validity check by the card issuer, which must also authorize the cardholder to use the card. The credit card holder's personal data required for checks may be exchanged with third parties. If the credit card issuer does not authorize payment, the delay or non-delivery of the order cannot be charged to us.
5. Order process
- Ordering a product on the Website is considered as an offer to purchase a product in accordance with these terms and conditions of sale and delivery.
- After placing an order, a message will be sent to your email address containing a confirmation that we have read your order. We would like to inform you that this does not mean that your order has been accepted because all orders are subject to MTWGenève's approval. MTWGenève reserves the right to ask you before accepting your order and in order to secure transactions and fight against fraud:
- to confirm by telephone certain information relating to your order,
- to provide him with proof of identity (e.g. photocopy of the identity card).
- In the event of non-compliance with these requests within the time limit indicated, MTWGenève reserves the right to cancel your order and MTWGenève reserves the right to limit the quantity of MTWGenève Products that may be ordered by a Customer during a single purchase operation.
- You further agree that we may use this personal information to conduct appropriate anti-fraud checks. The personal data you provide to us may be disclosed to a credit reporting or anti-fraud agency, which may keep a record of it.
- If the products ordered are not available, you will be informed by email. You will then have the choice of waiting until the item is available again or cancelling the order.
- We confirm the acceptance of your order by sending you an order confirmation by email. This results in a legally binding contract between the two parties.
- It may happen that we are waiting for deliveries from our suppliers. This is why it may occasionally be proposed to you to make an advance payment (pre-order) for certain products. This procedure ensures that you receive your purchase first, once the product is available. Your rights regarding the advance purchase are identical to those regarding any other purchase from MTWGenève.
- In-stock items can be allocated in advance to fulfill orders by prepayment, customers who have made these payments will receive the products in priority over customers who place orders on the Website for immediate delivery.
- We may not be able to deliver a product if there is a production or quality problem. In this case, we will inform you by email and you will then have the choice of waiting until the item is available or cancelling the order.
6. Promotional codes
- Promotional codes are not transferable or cumulative, and cannot be exchanged for cash.
- Promotional codes must be used by the specified due date.
- MTWGenève reserves the right to cancel any sale in the event of abuse or fraud in the use of promotional codes at its sole discretion.
7. Shipping & Returns
- The delivery address will correspond to the data that the buyer has indicated and that we have included in the email confirming the order. In case of absence at the time of delivery, a delivery notice will be left by the carrier and it will be your responsibility to collect the package at the place and within the time indicated therein (except in the case of follow-up mail, which does not give rise to any delivery notice). In the event of exceeding the deadlines, the products will be returned to MTWGenève and it will be your responsibility to contact customer service for a possible reshipment at your expense.
- The information provided by the buyer when placing the order is binding on him/her. In the event of an error in the wording of the recipient's contact details, MTWGenève cannot be held responsible for the impossibility of delivering the product, and if this error results in the product being returned by the carrier, it will be reshipped at the buyer's expense.
- Your package will be delivered to you against signature (except by registered mail). If you have indicated a recipient other than yourself for delivery (for example, if it is a gift), you agree that the signature on the proof of receipt should come from the person in question.
- The buyer is responsible for making a reservation with the carrier in the event that the package arrives in poor condition.
- Delivery times are estimates, they are provided for information only and run from the shipping period.
- MTWGenève is not responsible:
- in case of delay due to customs clearance procedures.
- in the event of loss or theft of the package when it is in the hands of the carrier.
- in the event that the delivery person does not ask you to sign or signs for you.
- in the event of a strike, shortage, weather disturbance or natural disaster that would cause the delay or unsuccessful delivery of your order.
8. Transfer of risk and ownership
- The ordered products remain the property of MTWGenève until delivery to the address mentioned. The transfer of ownership takes effect from this date. MTWGenève may, therefore, require the return of the goods before the transfer of ownership, if the customer violates these general conditions.
- The transfer of risks takes place with the delivery (against signature except for follow-up mail). The risks, within the meaning of this provision, relate to liability for damage to the product or damage caused by its use, handling or storage.
9. Right of withdrawal / return / exchange
- Before the delivery of your order to the carrier, you have the right to withdraw from this contract at any time without giving any reason. You will need to send your withdrawal request in writing via our return form in your order.
- After the delivery of your order to the carrier, you have the right to withdraw from this contract within 30 days from the day of receipt exclusively for sales in Switzerland. The right of withdrawal does not apply to sales outside Switzerland.
- You will need to send your request for return in writing via our contact form on the "contact" page of our Website.
- Returns must be sent using the return label provided by MTWGenève. Packages returned directly to our offices will not be processed and returned to the sender.
- The Products will be returned in new and perfect condition with all protections and labels in place, as well as the safety devices and stickers attached to them, and subject to Quality Control and functional tests. You must take care of the Product when you examine it. In the event of deterioration of the Product, compensation will only be requested if the deterioration was caused by use exceeding the limits of what is necessary to establish the nature, characteristics and proper functioning of the Product. To establish the nature, characteristics and proper functioning of the Product, the Customer must only handle and inspect it in a manner that would also be permitted in store.
- Any failure to return the original MTWGenève Box or special packaging in good condition will entitle MTWGenève to retain the corresponding value from the refund amount.
- All returns or exchanges will be subject to strict quality control by MTWGenève to ensure that the returned Product complies with return requirements. If the Controlled Product does not meet the standards of Quality Control, MTWGenève may require the Customer to pay damages.
- The Customer shall be liable for any loss in value of the Product resulting from its handling contrary to the principles of civil law, such as good faith or unjust enrichment. Accordingly, if the Product is damaged or destroyed, MTWGenève will deduct the cost of repairing or replacing the Product from the refund amount.
- If the returned Product satisfies the Quality Control, MTWGenève will proceed with the applicable refund or exchange.
- All returned products must be accompanied by all complete ordering information (commercial invoice and customs invoice where applicable) to facilitate their processing and identification. Unidentified returns will be returned to the sender.
- The refund of the order will be made via the payment method used when placing the order on our website. If the latter is no longer valid or for any other reason outside MTWGenève (loss, opposition, change of bank, etc...), our teams will contact you to find an appropriate solution.
- Customized products will not be returned or exchanged. The right of return does not apply to this type of order.
- watches sold with a promotional code are not returned or exchanged, nor do they benefit from the 30-day right of return.
- MTWGenève scrupulously ensures that each Product strictly conforms to its quality criteria and that it has passed all our controls, both technical and aesthetic.
- The product is considered defective if it is damaged upon receipt or if a manufacturing defect is found in accordance with and within the warranty periods associated with the product concerned.
- Items damaged as a result of normal use will not be considered defective.
- If your watch is received faulty or if you discover a defect within the 5-year warranty period after delivery, you have the possibility to return it for repair. You must send your request in writing via our contact form on our website.
- Your watch is guaranteed for 5 years from the date of delivery. Claims for warranty or repair or even replacement will not give rise to any extension of this period.
- The warranty is excluded in the following cases:
- damage due to normal wear and tear and ageing of the product.
- damage due to improper assembly or assembly.
- damage resulting from maintenance, repairs or dismantling not carried out by an MTWGenève-approved service centre.
- damage due to improper use of the product, mistreatment, abuse, negligence, carelessness, deterioration caused by use of the products in abusive conditions such as violent shocks, crushing, rough handling of the clasp,....
- damage due to transport and delivery.
- damage due to moisture that could have entered the watch as a result of a handling error. (For example, crown not properly pushed back)
- any watch with a trace of impact or shock on the glass or case.
- the proof of purchase (invoice, proof of payment,...) is missing.
- the serial number engraved on the case is not readable or has been falsified.
- the warranty does not cover bracelets, glasses.
- MTWGenève strongly advises against putting your leather strap in contact with water. Indeed, having not undergone any waterproofing treatment, your leather strap may be damaged (cracking, breaking, loss of colour). We invite you to remove your leather strap before washing your hands, taking a shower or swimming. Your warranty only covers manufacturing defects of your watch and not your bracelet.
- It is specified that MTWGenève's poster and promotional campaigns (intended by nature to highlight the aesthetic character of MTWGenève products, and which may sometimes represent MTWGenève products in unusual situations or uses) cannot be considered as examples of normal use of MTWGenève products which could be claimed as such by the end user. It is therefore understood that the MTWGenève warranty will be limited to cases of defect only appearing after normal and usual use, recognized for a watch.
- Upon analysis of the information contained in the request for return of a defective product, we reserve the right not to respond to your request for a legitimate reason (warranty period exceeded, defect not covered by the warranty, inappropriate use of the product, etc.).
- As part of the warranty, we propose to repair or replace defective items as far as possible. If the item cannot be replaced or repaired and the same item is no longer available, you will receive a full refund.
- Items must be sent using the return label provided by MTWGenève. Packages returned directly to our offices will not be processed, and returned to the sender.
- All returned products must be accompanied by all complete order information in order to facilitate their identification and expedite their processing. Unidentified returns will be returned to the sender.
11. Repeated returns
- In order to offer you an incomparable experience, the return conditions are flexible. However, the number of returns made is counted and we reserve the right to refuse an order in the event of repeated returns.
- It is expressly stated that the products offered on our Website are intended for private use and that the products sold are not designed for professional use. MTWGenève cannot be held liable for any direct or indirect, material or immaterial damage related to the use or exploitation of the products ordered.
- In addition, the products comply with Swiss legislation, but MTWGenève cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered: it is the customer's responsibility to check with the authorities of the importing country to find out if the product is authorised to do so.
- MTWGenève cannot be held liable for the non-performance of the contract concluded, on the one hand in the event of force majeure, as defined by the Swiss Civil Code, and on the other hand in the event of the Client's fault or the unforeseeable and insurmountable event of a third party to the contract or the consequences resulting from the misuse of the products sold on the Website.
13. Protection of personal data
In the context of online sales made under these terms and conditions of sale and within the MTWGenève community, MTWGenève collects and processes the customer's personal data ("Personal Data"). This Personal Data is used in particular to provide the online sales service, manage relations with members of the MTWGenève community, manage customer relations and contentious issues, propose other products, or allow potential MTWGenève audits to be carried out. This data processing is justified by the Customer's consent, the execution of the contract, MTWGenève's legitimate interest and compliance with legal obligations. Thus, by becoming a member of the MTWGenève community, the customer freely and specifically agrees to receive newsletters and commercial offers reserved for members.
- Transfer of Rights and Charges The contract between you and us is considered binding on you and us, as well as on our respective assigns. You may not transfer, assign, encumber or otherwise dispose of the right to deliver the goods ordered and defined in this contract without our prior written consent.
- Severability clause If certain provisions of these terms and conditions of sale are partially or totally ineffective, the effectiveness of the other provisions shall remain valid.
- Electronic communication By browsing our website, you agree that communication - in accordance with current legislation - may be carried out electronically. We will contact you via your email address or by post at the address you have provided.
- Contact address To get in touch with our company, send us a postal mail to MTW Genève TM CONCEPT Diffusion sarl rue des eaux vives 94 1207 Genève- Switzerland or via our contact form on the "contact" page of our Website.
- Legal venue and applicable law To the extent that it is legally permissible, Geneva is the exclusive legal venue for all disputes arising from these terms and conditions of sale and delivery. MTWGenève is also entitled to bring legal action before the competent court of the customer's domicile and these terms and conditions of sale and delivery are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable