GENERAL TERMS AND CONDITIONS
1. General
These general terms and conditions apply for the sale and delivery of products to customers in Austria, Germany, Greece, Ireland, Latvia, Luxembourg, Portugal and Slovenia, who have purchased and ordered our products via this online shop (“webshop”). Please read the following General Terms and Conditions carefully prior to ordering products from this webshop. The General Terms and Conditions apply in the version valid at the time the contract was concluded.
If you accept these General Terms and Conditions and the data protection provisions, please confirm your acceptance by clicking on the button “I accept the General Terms and Conditions and the data protection provisions of Mondaine Watch Ltd.” during the online ordering process. If you do not accept the General Terms and Conditions and the data protection provisions, you cannot order any products from this webshop.
By ordering our products, you agree to be bound by the following General Terms and Conditions and data protection provisions. By initiating an order through our website, you guarantee that you are competent to enter into a legally binding contract, are at least 18 years of age and are purchasing products for a non-commercial purpose.
2. Webshop Operator
The webshop is operated by Mondaine Watch Ltd., registered at Etzelstrasse 27, 8808 Pfäffikon/SZ, Switzerland.
Our customer service can be reached via webshop@mondaine.ch
3. Ordering Process
The presentation of the product assortment of Mondaine Watch Ltd. in its webshop does not represent an offer to conclude a sales contract with the customer. It is non-binding. By clicking on the button “Order now”, you submit a binding order concerning the item to the shopping cart.
All orders are subject to our agreement in the form of an acknowledgment of the order, which we send to you via email.
Our acknowledgment of the order represents a binding contract for the purchase of the ordered item. However, the contract applies only to those goods which we have accepted in the acknowledgment of the order and not for any other items which you may also have ordered in the webshop.
We reserve the right to decline to accept orders when the items are not available or we have receive a negative credit report through our payment partner MF Group AG (https://www.mfgroup.ch) or for any other reason relevant to the sales process.
4. Product Description and Availability
We make every conceivable effort to present the products as precisely as possible in the webshop. However, we cannot guarantee the descriptions and depictions of these products are exact and free of errors and that the products conform to your expectations. Product descriptions and prices can change without prior notice.
If the products ordered are not available, we will inform you via email and give you the option to wait and see whether the items will become available again or to cancel the order for a full refund.
We reserve the right to discontinue products at any time and at our discretion or to refuse to accept orders from certain geographic regions or to limit the quantities which are available for sale in the webshop.
5. Prices and Payment
The price of a product corresponds to the information given on our website, with the exception of obvious errors. In the case of obvious errors in pricing which you should have reasonably been able to recognize as incorrect, we will calculate the correct price even if we have already sent you the acknowledgment of the order.
The total price of your order, including VAT and shipping costs, is shown at the end of the online ordering process. Price fluctuations are possible. The authoritative price is the one shown at the time the offer was accepted. By confirming the order, you agree to the price shown.
The purchase price and any shipping costs which arise are due upon conclusion of the contract, subject to the following provisions.
The purchase price can be settled using the credit cards referred to during the ordering process. The payment must be made prior to the delivery of the products. Your credit card will be charged the full amount owed shortly prior to the shipment of the products. We are permitted to delay delivery of the products until the full payment has been received.
Credit card holders are subject to validity checks and approvals by the credit card issuers. We have the right to use personal data belonging to the card holder, together with third parties to the extent necessary, in order to carry out such checks ourselves and to process payments. If the card issuer should refuse the approval of the payment to us, we are not liable for delays or non-delivery.
You can also pay securely and easily via PayPal. You will be redirected directly to PayPal at the end of the ordering process. If you are already a PayPal customer, you can log in to your account there with your user details and make the payment. If you don't already have a PayPal account, you can log in as a guest or open a PayPal account and then complete the payment. Payment will usually be registered within a few minutes and your order will be instantly processed.
Invoices are generated at the beginning of the following month after completion of the order. Meaning the invoice will bereceived approx. at the middle of the following month by post. If, for example, theorder is completed on 01.05.2022, the invoice will arrive on you around 15.06.2022.
As an external payment service provider, MF Group / POWERPAY offers the payment method "purchase by invoice". With the single invoice, the customer can simply settle his/her online purchase by invoice. Ifthe customer chooses not to pay within the specified time frame, he/she will receive a monthly invoice with an order summary in the following month. When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. In the case of purchase on account, the customer accepts POWERPAY's GTC in addition to our GTC. (powerpay.ch/en/agb).We shall remain responsible for general customer enquiries (e.g.regarding the goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credit notes.
6. Delivery
The items are sent to the delivery address provided with your order. The delivery is made within 2 to 3 business days after the date of the order, unless something different was expressly agreed at the time the order was submitted.
If we are not able to ship the items you ordered within 30 days of the order date confirmed by us, you can cancel your order free of charge and we will process a full refund to you using the same payment method through which we received your payment. For subscription models/pre-orders, the waiting period until you may cancel your order is 90 days from the expected delivery date confirmed by us.
At the moment the item is received, you are obligated to check the shipment for completeness and correctness. Missing, broken or damaged products must be reported to us in writing immediately after delivery.
As a customer, you have the right to cancel your purchase by creating an online return. You have 14 days after receiving your order to create your return on our website RETURN – Mondaine. The cancellation period begins on the day the order is received by the recipient.
All returns must be submitted successfully online. To submit your return please visit: CLICK HERE. The customer bears the cost of the return of item(s) and bears the burden of proof.
If you have canceled your purchase, you must return or hand over the item(s) (including any other item(s) which you want to return. Partial refunds are possible) immediately, undamaged and together with the receipt, within 14 days at the latest from the day on which you notified us by completing the online return process. The deadline has been observed if you have sent the item(s) before the end of the 14 days period. If you cancel your purchase in accordance with the present conditions and return the item(s), we will refund to you the price paid within 14 days from the day on which we receive the returned item(s) and by the same means which you used to pay. If the item(s) which were submitted for return are not received complete (i.e. missing parts), or if the watch is not in its original condition (i.e. it was used or damaged beyond what was necessary to check its quality or functionality), we have the right to deduct the cost of the missing item(s) or the replacement of the damaged parts from the reimbursement.
The right of cancelling your purchase does not apply to any purchases of goods which are pre-fabricated or manufactured of which includes a significant individual selection or determination by the buyer or which has been clearly adapted to the personal needs of the buyer (i.e. personalization of the purchased product).
8. Guarantee
For the watch you purchase from our webshop, there is a two year guarantee from the date of purchase against all manufacturing defects.
Please conserve your purchase document (confirmation email) as it is consider the proof of date of purchase.
You can find the complete guarantee conditions on the guarantee certificate delivered with each watch.
The guarantee does not apply to natural wear and tear, batteries, leather or metal arm bands, crystal and crown and does not cover scratches or damage due to accident, willful damage, incorrect use or any alterations, maintenance or repairs conducted by anyone other than the authorized MISO® Service Center provider as below;
Schäuble Service GmbH - Mondaine Service Center
Nachtwaid 8
79206 Breisach
Germany
E-mail: info@schaeuble-service.de
In cases of unjustified complaints which are not covered by the Mondaine Watch Ltd. guarantee, Mondaine Watch Ltd. reserves the right to invoice you for any costs arising from the examination and return of the product.
9. Liability
Our liability regarding items sold in our webshop is limited to the amount of the purchase price of the product.
Under no circumstances are we liable for losses, claims or indirect, direct, accidental or consequential damages of any kind, including but not limited to lost profits, sales or savings, lost data, replacement costs or similar damages, either on the basis of the contractual agreement or any other legal basis arising in connection with sales transactions carried out via our webshop, provided these are not caused by willful misconduct or gross negligence on our part.
In cases in which we rely on delivery companies or third party service providers, we exclude, to the extent permitted by law, any liability for delays, damages or losses arising from the services of such delivery companies or third party service providers.
10. Severability Clause
Should one of the provisions of the present General Terms and Conditions be or become invalid or unenforceable, the provision shall be adapted and not stricken in order to match the objective and economic purpose of these Conditions as closely as possible. The validity of all remaining provisions of the present General Terms and Conditions remain unaffected and fully applicable to the extent of the law.
11. Changes
We have the right to change these Terms and Conditions from time to time, provided that these changes do not apply to orders placed prior to the publication of the altered Conditions on our website.
12. Relinquishment
Without our prior written approval, you do not have the right to transfer, relinquish or otherwise render to third parties the rights or obligations arising from the contract between yourself and Mondaine Watch Ltd.
13. Applicable Law and Jurisdiction
All legal transactions between the customer and Mondaine Watch Ltd. are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any other international agreements do not apply. This choice of law applies to the extent that the protection it provides is not revoked by any compelling regulations of the national laws in the country in which the consumer habitually resides.
The jurisdiction for all disputes arising from or in connection with the legal relations between Mondaine Watch Ltd. and the customer is the place of business or residence of the customer.
October 22, 2020
