Schwanenplatz AG operates the TimeVallée Boutique in Lucerne.
These General Terms and Conditions (hereafter referred to as the GTC) shall apply to all legal transactions concluded between Schwanenplatz AG, with its registered office in Lucerne, or one of its branch offices in Switzerland entered into the Commercial Register (hereafter referred to as TimeVallée Lucerne) and any of its customers, unless agreed otherwise in writing. These GTC shall prevail over any general terms and conditions of sale and/or any GTC of the customer.
For the purposes of this document, legal transactions shall include any product order / sale, individual customer order, production or sale or the provision of services to the customer by TimeVallée Lucerne, which legal transaction may be concluded on site, via online platform, in writing or by email.
Before a contract is concluded, the GTC shall be provided to the customer on site or otherwise brought to his/her attention or dispatched in writing or by email, or may be consulted and downloaded by the customer online. In concluding the contract, the customer confirms that he/she has consulted and consents to the GTC.
With regard to any legal transactions that require that the customer must be at least 18 years of age (age of majority) or represented by his/her parent or guardian, in concluding the contract the customer confirms that any such stipulation has been complied with.
Delivery abroad, i.e. outside Switzerland, is only possible for specific products designated by TimeVallée Lucerne.
2. Information concerning products, prices and costs
Pictures of products and product information provided online, in brochures or in similar materials are provided for illustrative purposes only and are non-binding. The same shall apply to details relating to individual products, as these are provided for information purposes. The only information with definitive status shall be that provided by the manufacturer (e.g. regarding the manufacturer’s guarantee), insofar as applicable in Switzerland.
Customer orders prepared according to drawings shall be produced by the jewellers, goldsmiths and watchmakers of TimeVallée Lucerne with the utmost care and in accordance with their own interpretation.
Prices indicated in brochures, online or within correspondence shall be deemed to include Swiss value added tax as well as the costs of packaging and transportation (including insurance premiums for transportation), unless any such costs are exclusively passed on to the customer at the time of the order. Any other applicable taxes as well as customs duties shall be borne by the customer.
TimeVallée Lucerne reserves the right to change prices at any time. The prices indicated to the customer in the order confirmation of TimeVallée Lucerne shall be final. These shall be set upon conclusion of the contract.
All information relating to availability and delivery periods is provided without any warranty as to its accuracy.
TimeVallée Lucerne reserves the right under all circumstances to cancel orders without stating reasons.
3. Conclusion of a contract, amendments and cancellation
3.1 Reservation for viewing
It is possible to reserve a product for no-obligation viewing at TimeVallée Lucerne. The reservation shall not imply the conclusion of any contract.
3.2 Conclusion of a contract
A contract shall be concluded in the event that the customer and TimeVallée Lucerne reach agreement concerning the scope of delivery and the price.
Any customer wishing to receive delivery abroad is advised to contact the TimeVallée Lucerne staff directly by email or telephone. Information may be obtained here: www.gubelin.com/timevallee
TimeVallée Lucerne shall contact the customer personally by email, telephone or in any other suitable manner. TimeVallée Lucerne shall send an offer to the customer by email or in any other suitable manner along with these GTC, indicating the deadline for acceptance. The customer must accept the offer and acknowledge the GTC within that deadline by email or in any other suitable manner. A contract shall only be concluded upon the dispatch by email of the order confirmation by TimeVallée Lucerne, which shall state with binding effect the delivery options and the price, after deducting any credit redeemed.
Any credit held by the customer, such as a discount code, voucher, etc., may only be redeemed once.
3.3 Amendment and cancellation of an order
TimeVallée Lucerne will accept any subsequent amendments to or the cancellation of a customer order at any time until the order confirmation is issued.
Once the order confirmation has been issued indicating actual availability for delivery as well as the price, the customer shall be obliged to accept the product and the services.
3.4 Right of withdrawal
There shall be no right of withdrawal or exchange for any products that have been specifically ordered, produced or modified for the customer, for special offers or for any products that are not brand new.
The customer may return any other product within fourteen (14) calendar days of receipt of the product in return for a credit of the price paid, provided that the following prerequisites are (cumulatively) met:
a) For a product purchased at a shop:
The product is in its original condition and is undamaged.
The product and all accessories are present in the original packaging.
b) For a product purchased online, by WeChat or in any other similar manner:
Return must be notified using the appropriate form.
The product is in its original condition, i.e. in particular the seal, original strap, labels and protective films are in their original condition and undamaged.
The product and all accessories are present in the original packaging.
4. Delivery deadline, non-delivery / non-collection
4.1 Delivery deadline
Notice of the delivery deadline shall be given by email, or the customer shall be contacted personally in any other suitable manner in order to agree on an individual delivery deadline. All delivery deadlines indicated or agreed upon shall be non-binding and approximate.
In the event that delivery should become impossible (either entirely or in part) after an order confirmation has been issued indicating availability for delivery, the customer shall be informed promptly by email or in any other suitable manner. The customer shall be reimbursed exclusively the amount already paid by him/her. The customer shall not have any further claims on account of delayed delivery or non-delivery (see clause 9).
If the customer fails to collect the products prior to expiry of a subsequent period set for him/her, or declares during that period that he/she does not intend to collect them, TimeVallée Lucerne may withhold performance under the contract and claim damages due to non-performance. TimeVallée Lucerne shall be entitled to claim damages from the customer at its choosing, either as a lump-sum in the amount of 25% of the purchase price agreed upon or in the form of compensation for the losses actually incurred.
Upon delivery to the address indicated by the customer, any evident quantity discrepancies must be reported immediately to the carrier upon receipt, and any latent quantity discrepancies must be reported in writing to TimeVallée Lucerne within five (5) calendar days of receipt of the goods. Any complaints concerning damaged or defective packaging or any partially missing goods must be reported immediately upon receipt. The provisions of clause 9 below shall apply in respect of defective products.
A valid residential or business address must be provided as the delivery address, and delivery abroad is only available for specifically designated products.
6. Payment and offsetting
In the event of the purchase of a product or service on site at TimeVallée Lucerne, payment shall be made either at the time of performance, for instance in cash or using a credit card, or in advance by bank transfer.
In the event of delivery abroad, payment shall be made in advance using the means of payment offered by TimeVallée Lucerne upon conclusion of the contract. At present, the customer may pay directly – for instance by credit card (Visa, Mastercard) or Six Payment. The amount shall be debited at the time of the order. It is also possible to obtain 0% financing for the purchase through a partner of TimeVallée Lucerne. The customer will be routed directly to the partner’s website in order to arrange this. A separate financing agreement shall be concluded between the partner and the customer. The purchase is concluded subject to the successful completion of this separate financing agreement. Irrespective of the payment method chosen, delivery shall only occur following receipt of payment of the full amount for the products ordered.
As a general rule, an advance payment of between 50% and 100% of the purchase price is due in respect of individual customer orders. This amount shall not accrue interest.
TimeVallée Lucerne shall set the customer a single grace period in the event of non-payment. TimeVallée Lucerne may charge a reminder fee of CHF 40.00 when doing so and may withdraw from the contract without any further formality if payment is not made prior to expiry of the grace period.
The customer shall not be entitled to offset any counterclaims of his/her own against the claims of TimeVallée Lucerne.
7. Reservation of title
Ownership of the product shall remain with TimeVallée Lucerne until payment has been made in full. Should the validity of this reservation of title be dependent upon any specific prerequisites or formal requirements (e.g. inclusion in a register), the customer hereby expressly consents to the filing of such an application by TimeVallée Lucerne. The customer further undertakes to fulfil the further prerequisites and formal requirements for the validity of the reservation of title.
8. Transfer of benefits and risks
In the event that a product is purchased on site at TimeVallée Lucerne, benefits and risks shall pass to the customer upon payment and the handover of the product.
In the event that a product is purchased through an online platform or in the event of delivery abroad, benefits and risks shall pass to the customer as soon as the shipment has been handed over to the carrier. If the shipment is delayed or becomes impossible through no fault of TimeVallée Lucerne, the risk shall pass to the customer upon notification that the product is ready to be shipped. The fact that TimeVallée Lucerne has agreed to cover transport costs (or any other costs) in the specific individual case shall not have any influence on the transfer of risk.
9.1 Warranty period
Unless expressly agreed otherwise in writing, the warranty as provided for below shall last for two (2) years following the transfer of benefits and risks. Thereafter, all warranty rights shall lapse.
A new warranty period of two (2) years shall start to run for any parts, assemblies or entire products that have been repaired or exchanged.
9.2 Notice of defects and provision of defective products to TimeVallée Lucerne
The customer shall inspect the product for any evident defects immediately upon receipt. If the customer identifies an evident defect or thereafter any latent defect, he/she shall inform TimeVallée Lucerne in writing concerning the defect within five (5) calendar days of the discovery of the defect. The defect identified shall be described in as much detail as possible.
The defective product may be packaged ready for dispatch, enclosing a copy of the invoice and indicating the correct sender’s address, and handed in directly to the TimeVallée Lucerne branch. Otherwise, the product must be sent to TimeVallée Lucerne by post at the cost and risk of the customer. The original packaging must be included for both types of return. Acceptance of the product shall not imply acknowledgement of the defect. The defect objected to shall be examined by a specialist consulted by TimeVallée Lucerne.
9.3 Legal consequences in the event of defective products
TimeVallée Lucerne shall provide the Customer the same warranties that it receives from the respective manufacturers or suppliers. Time limits shall be determined in accordance with clause 9.1 above.
Subject to the guarantee terms and conditions of the manufacturer or supplier, the warranty shall be limited under all circumstances – at the choice of TimeVallée Lucerne – to the repair or replacement of any defective product or products. All of the foregoing shall be conditional upon the provision of timely notice concerning the defect.
Unless required otherwise by law, it is expressly stipulated that the customer shall not have any further rights under warranty, including in particular any right of rescission, to a reduction of the price or to compensation.
9.4 Disclaimer of warranty
Rights under warranty shall lapse in the event that either the customer or a third party fails to follow the operating or maintenance instructions for any product, makes any changes, replaces any parts or uses any consumable materials that are not compliant with the original specifications without having obtained the prior approval of TimeVallée Lucerne.
The same shall apply in relation to defects attributable to improper use, storage or handling of products, third party interference or the opening of products. The existence of any immaterial deviations from product information shall not trigger any rights under warranty.
No warranty is provided for ordinary wear and tear, consumable materials, accessories or associated batteries/accumulators. Any warranty claims of the customer may not be assigned to a third party without the prior written approval of TimeVallée Lucerne.
TimeVallée Lucerne declines all liability for any data loss following the handover of a data carrier or a product containing a data storage device. The customer shall bear individual responsibility for backing up and protecting his/her data.
9.5 Repairs not covered by the warranty
All costs relating to the rectification of defects affecting products that are not covered by the warranty shall be borne by the customer. TimeVallée Lucerne reserves the right to charge the customer for the costs of examining the defect claimed as well as shipping, transportation and any similar costs for products that do not have any identifiable fault.
10. Liability and disclaimer
TimeVallée Lucerne shall not incur any liability under either contract or tort – irrespective of the respective claim’s basis in law – under any circumstances for: (i) minor or moderate negligence; (ii) indirect losses, consequential losses or loss of profit; (iii) any failure to achieve savings; (iv) losses resulting from delayed delivery; or (v) any acts or omissions of the auxiliary agents of TimeVallée Lucerne.
TimeVallée Lucerne shall moreover not incur any liability for losses attributable to any of the following causes: (i) any storage, setting or usage of the products that is improper, in breach of contract or in breach of the law; (ii) the usage of incompatible replacement parts or accessories; (iii) the failure to maintain and/or any improper alteration or repair of the products by the customer or by a third party; (iv) force majeure, including in particular damage caused by natural hazards, dampness, dropping or impact, etc. for which TimeVallée Lucerne is not at fault, and governmental action.
11. Force majeure
All force majeure occurrences and any other events not resulting from fault such as disruptions to operations, traffic, transportation or energy supply, strikes, lockouts, epidemics or pandemics, etc. shall release the party affected from the contractual obligations concerned for the duration and to the extent of the respective effects. This shall also apply in the event that the circumstances concerned arise for suppliers of TimeVallée Lucerne.
12. Data protection
13. Final provisions
13.1 Severability clause
Should any individual terms be invalid or incomplete or in the event that it is not possible to comply with them, this shall not affect the validity of the remaining terms. The Contractual Partners undertake to replace the invalid term by a permissible valid term that comes in substantive terms as close as possible to the original intention and the contractual purpose thereby pursued. The same shall apply in the event of any gaps in provision.
13.2 Right of amendment
TimeVallée Lucerne reserves the right to amend these GTC at any time. The version of the GTC that was valid at the time the individual contract was concluded shall apply.
The German version of the AGB shall be the sole binding version.
13.3 Applicable law
All legal relations between TimeVallée Lucerne and the customer shall be governed by substantive Swiss law. The rules on the conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.
13.4 Place of jurisdiction
The ordinary courts of Lucerne, Switzerland, shall have exclusive jurisdiction over all disputes arising under the legal relationship between the customer and TimeVallée Lucerne. TimeVallée Lucerne shall be entitled to launch court action against the customer before the competent court of his/her place of residence or before any other competent court.
Lucerne, July 2022