General terms and conditions of Montres NORQAIN SA
Valid from 01 December 2018
1.1. These General terms and conditions apply to the contractual relation-ship between Montres NORQAIN SA (hereinafter referred to as “NORQAIN”) on the one hand, and their customers on the other hand, for both the sale of products via the website and in the shop.
1.2. All deliveries and services that NORQAIN carries out for the customer take place exclusively on the basis of the following General terms and conditions.
1.3. The current and binding version of the General terms and conditions as well as any additional agreements and supplements are published on the website of NORQAIN (www.norqain.com).
1.4. NORQAIN would like to inform the customer that if these General terms and conditions are rejected, no products may be ordered via this website or bought in the shop.
2. Contradiction between these General terms and conditions and the General terms and conditions of the customer
2.1. If these General terms and conditions contradict the General terms and conditions of the customer, the General terms and conditions of NORQAIN take precedence in all cases.
2.2. NORQAIN is not obliged to inform the customer at the time of the conclusion of the contract that the General terms and conditions of NORQAIN take precedence or whether there are any contradictions between the General terms and conditions of NORQAIN and the General terms and conditions of the customer.
3. Individual agreements
3.1. Individual agreements between the parties take precedence over these General terms and conditions. They must be in writing to be val-id.
3.2. The General terms and conditions of the customer are not deemed individual agreements.
4. Different language versions
If the different language versions of these General terms and condi-tions contain contradictions, the German version shall be authoritative.
5. Price information
The price of a product corresponds to the applicable information on this website and the information contained in the sale showcases, ex-cept in cases of obvious error. Prices are quoted, unless otherwise in-dicated, in Swiss Francs including VAT. The shipping costs and any customs and packing costs are payable in addition, unless stipulated otherwise.
6. Conclusion of contract
6.1. The display of goods in the showcases of NORQAIN as well as on their website does not constitute a binding offer to sell.
6.2. Orders made by the customer on this website are deemed to constitute an offer to purchase in order to acquire the respective product. Once the customer has completed the order, he will receive an automatic e-mail confirmation stating that the order has been received. This does not mean that the order has been accepted by NORQAIN. If the order is accepted by NORQAIN, the latter will send an order confirmation via e-mail and the ordered product will be sent to him according to these General terms and conditions. Upon confirmation of the order, a bind-ing contract exists between the customer and NORQAIN and the price becomes due for payment.
6.3. In the shop, the declaration of the willingness to buy constitutes an offer to the sales staff to make a purchase and is accepted by the sales staff. In so doing, a binding contract ensues between the customer and NORQAIN and the price becomes due for payment.
6.4. NORQAIN is free to accept or reject the offer.
6.5. NORQAIN reserves the right to withdraw from the contract if the desired goods are not in stock. Any payments made will be refunded.
6.6. For the purpose of covering any transactions and for reasons relating to the prevention of fraud, NORQAIN reserves the right, in particular, before acceptance of the order, to ask that the customer:
– confirm certain information to NORQAIN about his order by tel-ephone;
– provide NORQAIN with evidence of his identity (e.g. copy of ID card).
6.7. If the customer does not comply with this request within the specified time limit, NORQAIN reserves the right to refuse the order.
7. Right of withdrawal
7.1. The customer has the right to terminate the contract within 10 days without giving reasons. This right of withdrawal is only available to a private person who orders/buys the contractual products for personal, private use. The right of withdrawal is also limited to orders over the In-ternet.
7.2. This right of withdrawal does not apply in the case of goods that have been personalised or during the manufacture of which the customer personally chooses features of the goods or that have been tailored to the individual needs of the customer. In particular, this includes the engraving of a NORQAIN plate.
7.3. The goods will only be taken back if they are in good condition.
7.4. The customer must send back the unused product in the original packaging (in particular with the wrapper on and under the watch), with the warranty certificate, the purchase receipt and include a form explaining the contract cancellation, to NORQAIN or take it back to an official point of sale / NORQAIN dealer. For shipping purposes, the package is to be sent by registered parcel to the headquarters of NORQAIN in Switzerland (current address given on the website).
7.5. The period of 10 days begins on the day after delivery or purchase of the product. If the goods of a purchase order are sent separately, the period starts on the day after the delivery date of the last item.
7.6. Delivery costs for the shipment in either direction will not be covered by NORQAIN.
7.7. NORQAIN will refund the customer upon receipt of the goods in perfect condition. For the refund, the same means of transaction will be used as for the payment.
8. Customer complaints
8.1. In accordance with international guarantee introduced by NORQAIN, for a period of two (2) years from the date of purchase any defective products that are purchased via this website or an official point of sale / NORQAIN dealer, will be repaired or if necessary replaced at the sole discretion of NORQAIN, regardless of the place of purchase of this product. Any other warranty claims are not permissible. Warranty claims must be accompanied by a document confirming the purchase date. The following documents are accepted as proof of purchase:
– an international guarantee certificate with stamp and date;
– the original copy of the sales receipt or delivery note;
– a bank or credit card statement (together with the above-mentioned documents).
Returns of products on the basis of this guarantee shall be sent by reg-istered post to the headquarters of NORQAIN in Switzerland (current address given on the website) or handed in at an official point of sale / NORQAIN dealer.
8.2. Delivery costs for the shipment in either direction will not be covered by NORQAIN.
8.3. Defects caused by improper, abusive or abnormal use are not covered by the warranty.
9. Liability of NORQAIN
9.1. Liability of any kind (including contractual liability and liability) by NORQAIN pursuant to or in connection with this contract is excluded, except in the case of unlawful intent or gross negligence on the part of NORQAIN. Liability of any kind (including contractual liability and lia-bility) by NORQAIN for its auxiliary persons and their acts or omissions is excluded. NORQAIN may not have obligations other than those set out in this agreement and that are expressly designated as such.
9.2. Notwithstanding the general nature of the foregoing, if NORQAIN has a right, discretion or room for manoeuvre (including, but not restricted thereto, if NORQAIN can reject or revoke consent or approval, reject or cancel an order, terminate a contract or a relationship or halt the deliv-eries of goods), NORQAIN has no liability whatsoever in connection with this right, its discretion or its room for manoeuvre or the execution thereof.
9.3. NORQAIN shall under no circumstances be held liable for consequen-tial loss and foregone profits.
10. Transfer of benefit and risk
Risk and benefit are transferred on the date of the delivery of the prod-uct to the customer or to the carrier (in the case of delivery to the transport company, this takes precedence) to the customer. Risk within the meaning of this provision means, among other things, responsibil-ity for damage to the product through the use, handling or storage thereof.
11. Contractual obligations of the customer
11.1. By placing an order via the website of NORQAIN, the customer guarantees that he was legally competent to make legally binding con-tracts and was at least 18 years old.
11.2. The customer is not permitted to trade with goods from NORQAIN.
12. Payment obligations of the customer
12.1. The price becomes due at the latest on dispatch of the order confirma-tion or acceptance by the sales staff. Payment must be made in ad-vance.
12.2. If the transaction does not go through, the purchaser must compensate NORQAIN for any damage incurred.
12.3. Until full payment of the purchase price, as well as all other amounts owed such as, in particular, shipping and transport costs and value-added tax, the goods remain the property of NORQAIN. The customer may not pledge, sell, process or remodel the goods or otherwise dis-pose of them in any way until that time. In the event of any delay to payment, NORQAIN is entitled to retention of title at the expense of the customer via the Debt Enforcement Office in the retention of title regis-ter.
12.4. In case of delay by the customer for the payment of any amount owed to NORQAIN, without a reminder by NORQAIN interest on arrears of seven percent (7%) per year on this amount will become due from the due date of the amount until the date of actual receipt of the amount by NORQAIN.
13.1. NORQAIN may offset its claims against counter-claims of the custom-er.
13.2. The customer is not entitled to offset its own claims with claims of NORQAIN.
14.1. NORQAIN reserves the right not to deliver to certain countries.
14.2. The customer is responsible for ensuring that he sends a correct delivery address to NORQAIN. If the information supplied by the cus-tomer is not inaccurate or incorrect, NORQAIN is not liable for the ina-bility to deliver the order or for keeping to any deadlines. In the event of loss of the product, the customer payment will not be refunded.
14.3. As a general rule, the ordered product will be released for dispatch 7 working days from the order confirmation from NORQAIN to the ad-dress given by the customer, unless otherwise stipulated in the order confirmation.
14.4. If personalisation of the product is desired, namely engraving of the NORQAIN plate, an additional 10 days for the creation and assembly of the desired NORQAIN plate is to be expected.
14.5. If NORQAIN cannot respect the estimated delivery date specified in the order confirmation, NORQAIN will contact the customer immedi-ately and inform him of the new delivery date. If the customer refuses the revised delivery date and NORQAIN is not capable of delivering the product(s) within 30 days of the original date of the order or, where appropriate, before the specifically agreed delivery date, the customer may cancel the order without costs and receive a full refund of the pur-chase price paid. This provision does not apply to personalised prod-ucts.
15. Intellectual property
NORQAIN reserves all intellectual property rights to the full extent, and in particular all patent, design, copyright, name and corporate rights.
16. Partial invalidity
If one or more provisions of these General terms and conditions or any other contractual provisions as agreed between the parties become void or invalid, the remaining provisions of these General terms and conditions or of any other agreed provisions shall not be affected thereby. They will remain unchanged and retain their validity. Void or invalid provisions are to be replaced with economically equivalent, lawful provisions which come as close as possible to the purpose of the contract.
17. Applicable law and jurisdiction
17.1. All contracts between the parties shall be governed by Swiss law to the exclusion of the Vienna Sales Convention (United Nations Con-vention on Contracts for the International Sale of Goods) and under exclusion of any conflict of law provisions.
17.2. For any disputes arising directly or indirectly from the contractual relationship between the parties, the court at the headquarters of NORQAIN shall have exclusive jurisdiction. Compulsory courts of ju-risdiction remain reserved. NORQAIN is entitled to sue the customer at his place of residence or headquarters.
18. Agreement with the General terms and conditions
Upon conclusion of a purchase contract, the customer declares that he has read, understood and agreed to these General terms and condi-tions.