Terms of use (Switzerland)

These Terms of Use (ToU) apply to any use of the website accessible at https://watchdreamer.com/ and operated by Watchdreamer SA (the Website), chemin du Pré-de-la-Tour 7, 1009 Pully, Switzerland (we, our or WD), as well as to any purchase of products or goods (Products) made through the Website or any other channel referred to in these ToU.
By accessing the Website and using the services available on the Website, including ordering and purchasing Products (the Services), you agree to be bound by these ToU. Any use of the Website by yourself or by an employee, agent or representative of a legal entity acting on behalf of such legal entity shall constitute acceptance of these ToU by such legal entity.
We reserve the right to amend these ToU at any time. You will be notified by all appropriate means (e-mail, notification when logging in, etc.). Any use of the Website subsequent to this notification shall constitute acceptance of the Terms of Use, as amended.

I. ACCESS TO THE WEBSITE

1. Terms of Access

1.1. Personal prerequisites. By using the Website or the Services, you confirm that you are at least 18 years old and, if you use the Website or the Products on behalf of a legal entity, that you have the right to do so.

1.2. Access. You will be solely responsible for the equipment and materials (computers, software, telecommunication equipment, etc.) required to access the Website, as well as for any telecommunication costs incurred as a result of their use.

2. Intellectual property

2.1. Title to IP. All intellectual property rights to the Website, the Services and the Content accessible through the Website (the Content) are the exclusive property of WD and our licensors. The provision of such rights by WD does not entail the assignment of any intellectual property rights or the grant of any rights of use other than the licence granted in accordance with Article 2.2 below.

2.2. Licence. Subject to compliance with these ToU, and to the extent specified therein, you are granted a revocable, non-exclusive, non-transferable and non-assignable licence to access the Website and use the Content for your personal use, only to the extent necessary for the use of the Services.

3. Restriction of use

3.1. Restrictions. It is strictly forbidden: (i) to use and/or access the Website for purposes other than those provided for in these ToU; (ii) to copy, reproduce, modify, adapt or alter the Website, the Services and/or the Content; (iii) to create derivative works thereof; (iv) to access or attempt to access the source code of the Website using decompilation, reverse engineering or any other means; (v) to allow third parties to utilise all or part of the Website, Services or Content as to which access is restricted.

3.2. Obligations. By using the Website, you undertake to comply with all applicable laws, not to use the Website for any unlawful purpose, not to include any false, incomplete or inaccurate information, or to introduce any viruses, Trojan horses, greens, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information.

3.3. Non-compliance. Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Website or to refuse to provide the Services and Products.

4. Amendment and suspension

We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website or any Service, with or without notice, without incurring any liability.

5. No warranty.

5.1. Principle. You access and use the Website at your sole risk. The Website, the Services and the Content shall be provided as is and as available. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality or availability of the Website, Services or Content.

5.2. Exclusion of warranty. We make no warranty, express or implied, commitment or representation that (i) the Website will meet your needs, (ii) the use of the Website will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website will be accurate or reliable or (v) the Website will be updated and any errors in Content will be corrected.

5.3. Downloads. Any document or Content downloaded or obtained through the use of the Website is at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.

5.4. Internet. The use of the Internet involves risks, in particular that data transmitted may be intercepted, altered or destroyed. Furthermore, ordinary emails sent via the internet are neither confidential nor secure and may be read by third parties, lost, intercepted or altered. Emails cross borders, even if the sender and the recipient are located in the same country. Emails may be infected with viruses. The opening of emails from unknown sources and unexpected attachments in emails should generally be avoided. In order to combat viruses, we recommend that you use the latest versions of your browser and install up-to-date anti-virus software. By using the Website or the Services, you accept such risks and we disclaim all liability in this regard, including for any manipulation of a computer system by you, your representatives or unauthorised third parties.

II. ORDERS AND SALES OF PRODUCTS

The order and sale of the Products shall be subject to the terms of this Section II (in addition to the other parts of these ToU), in such version as is in force at the time of ordering the Products and shall comply with any instructions that we may, as appropriate, communicate to you by any appropriate means.

6. Products and Prices

6.1. Presentation. The Website describes the Products as precisely as possible. The images displayed on the Website are indicative only, may differ from the final Product and have no binding contractual effect.

6.2. Availability. Products are available within the limits of stocks. WD may impose quantitative restrictions.

6.3. Price. Unless otherwise stated, the prices displayed on the Website are in Swiss francs (CHF), including VAT. Prices may be displayed in foreign currencies based on the daily conversion rate, but payments shall be debited in Swiss francs. The prices indicated on the Website at the time of the order shall apply. We reserve the right to change the price of the Products at any time.

6.4. Charges and costs. The prices of the Products do not include delivery costs (which depend on the chosen means of delivery) as well as any foreign taxes, customs charges, insurance charges and other charges, which shall be payable in addition. They will be indicated at the payment stage of the order.

7. Means of payment

7.1. Payment. Payment for the Products may be made either by the usual means of payment indicated on the Website (bank transfer, credit card, Twint) or by external financing under the terms of Article 7.2 below.

7.2. Requests for financing. For Products valued between CHF 1'000 and CHF 16'000, you may request 0% financing from our partners. In order to do so, you must submit an offer to such partner, which shall be subject to acceptance by that partner, with whom you must then conclude a contract. The financing agreements are exclusively subject to the contractual terms and conditions of our partners. We are not a party to that agreement and disclaim all liability in connection with the loans or credit lines requested from financing partners. The procurement of financing is subject to conditions to be determined by the chosen partner (particularly in terms of the place of the borrower's domicile, his or her creditworthiness and other factors). You must provide the required information and documents, including identity verification if requested.

7.3 Purchase by invoice with partial payment option (POWERPAY). As an external payment provider, MF Group/POWERPAY offers the payment option 'Pay by invoice'. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview. When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY's GTC. (powerpay.ch/en/agb).

7.4. Refund of deposits. Where a refund of a deposit is due, it shall be made exclusively by bank transfer to a bank account held in the name of the customer identified as the purchaser in the order confirmation, regardless of the payment method originally used. No refund by bank transfer shall be made to a third party’s account. The customer shall provide WD with complete and accurate bank account details and, upon request, proof of account ownership. This information is required to execute the bank transfer. This provision applies to deposits paid directly by the customer to WD. Amounts paid by a financing provider shall be settled with that provider in accordance with the applicable agreements. This Article governs only the method of making a refund that is due and does not create any right to cancellation or reimbursement. Mandatory provisions of applicable law remain unaffected.

8. Order and purchase

8.1. Orders. To place an order, you must enter the required information and click on the “Continue” button. You will then be able to check your order information. In order to complete the order, you must accept the ToU and validate the order. You will be redirected to an external website to pay for your order.

8.2. In the case of external financing. In the event of payment by means of financing in accordance with Article 7.2, you must, in addition to the information in the Article 8.1, select at the time of your order the proportion of the Product price you wish to pay directly, and the proportion of the financing requested for the balance of the Product price, as well as the number of repayment instalments. In connection with this, you must provide the information required for the evaluation of the financing application.

8.3. Confirmation. If the means of payment is accepted, WD will receive your order and check the availability of the ordered product. If available, a confirmation email will be sent to you. If the ordered Product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the Product is only concluded when WD confirms your order.

8.4. Changes by WD. We may have to refuse, reject or cancel an order after it has been confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will reimburse you for the full amount of the relevant Products as well as all invoiced delivery costs as soon as possible. We may also refuse an order in the event of a dispute regarding payment for previous orders or in the event of anomalous orders and orders which WD suspects were not placed in good faith.

8.5. Special orders. A special order means any order for a Product reference or configuration that is not offered for ordering on the Website at the time the customer places the order and that WD sources specifically at the customer’s request. This includes, in particular, requests for a size, dimension, colour, material, bracelet, strap or any other variant not offered for ordering on the Website, even where the base model is listed. The fact that the Product is in stock with a supplier does not affect its classification as a special order. By accepting these ToU when placing an order, the customer accepts the conditions applicable to special orders set out in this Article. No separate acceptance of these conditions is required. Where the delivery timeframe has been communicated to the customer before or when the order is placed, placing the order constitutes acceptance of that timeframe. The special order becomes firm upon acceptance by WD in accordance with Article 8.3, without any further confirmation being required from the customer. Where the delivery timeframe is communicated subsequently and submitted for the customer’s approval, the special order becomes firm once the customer has accepted that timeframe and WD has accepted the order. The customer’s agreement is also required where, before the order becomes firm, WD proposes a delivery timeframe different from the one initially communicated. Where an existing order is amended at the customer’s request to cover a Product reference or configuration falling within this Article, the special-order conditions apply to the amended order once the customer has agreed to the amendment and the applicable delivery timeframe and WD has accepted the amendment. Once a special order becomes firm, it may no longer be cancelled or amended for the customer’s personal convenience. No return, exchange or refund shall be available because the customer has changed their mind, including in respect of deposits paid. Amounts paid shall remain credited towards the order price. The customer’s rights in the event of a defective Product or non-performance by WD, including failure to deliver giving rise to a right to terminate the contract, and mandatory provisions of applicable law remain unaffected. If WD cancels the order or delivery becomes definitively impossible, all amounts paid for the affected Products and the corresponding delivery charges shall be refunded in full.

9. Delivery and verification

9.1. Delivery. Products covered by a confirmed order are normally delivered by DHL Express, against signature and presentation of a valid identity document. Delivery shall be made exclusively to the customer identified as the purchaser in the order or, for a financed purchase, to the holder of the financing agreement. Delivery to any third party is excluded. WD may accept delivery to an address other than the customer’s residential address, subject to prior identity verification by our partner iDenfy and, for a financed purchase, compliance with the financing partner’s conditions. This option does not alter the requirements concerning the identity of the person authorised to receive the Product. Exceptionally and as a last resort, the customer may choose shipment by Swiss Post, with signature required upon delivery. In this case, the risks of loss, theft and damage during transport shall transfer to the customer upon the actual handover of the parcel to Swiss Post, in accordance with Article 9.2. This condition shall be brought to the customer’s attention when selecting this shipping method. Products may also be collected at WD’s premises, upon presentation of a valid identity document, exclusively by the customer identified as the purchaser or, for a financed purchase, by the holder of the financing agreement. Delivery dates are indicative only. Where several Products are ordered, WD may make partial deliveries.

9.2. Transfer of risks. For deliveries made by DHL Express, WD shall bear the risks of loss, theft and damage to the Products until their physical handover to the customer identified as the purchaser or, for a financed purchase, to the holder of the financing agreement. Where Products are collected at WD’s premises, the risks shall transfer upon physical handover of the Products. By way of exception, where the customer expressly chooses shipment by Swiss Post, the risks of loss, theft and damage during transport shall transfer to the customer upon the actual handover of the parcel to Swiss Post. Such handover shall be evidenced by the proof of posting or acceptance issued by Swiss Post. Creating a shipping label alone does not constitute handover of the parcel. The risks shall transfer at the time defined above, regardless of when the Product is unpacked, inspected or first tried. Damage resulting from an event occurring after that transfer shall be borne by the customer, subject to any liability on the part of WD. This transfer does not cover defects or damage already present before it occurs and does not release WD from its obligations concerning the conformity of the Product, its appropriate packaging and its shipment in accordance with the agreed arrangements. WD shall provide the customer with relevant supporting documents and cooperate in pursuing claims against the carrier. Any delivery charges shall remain governed by Article 6.4. Mandatory provisions of applicable law remain unaffected.

9.3. Inspection and Acceptance. You are required to inspect the Products with all due care immediately upon receipt and to object to any manufacturing defects affecting them. For Products taken from our premises, defects must be reported immediately on the spot. For delivered Products, defects must be notified by registered mail no later than 10 calendar days after delivery, specifying the nature of the defects found, failing which the Products will be considered accepted. Defects that could not be detected at the time of acceptance (hidden defects) must be notified to us by registered mail within 10 calendar days of their occurrence, failing which they shall be deemed to have been definitively accepted. The customer shall check the apparent condition of the parcel upon handover and inspect the Product as soon as it is unpacked, which must be done without delay. Wherever possible, any visible irregularity affecting the parcel shall be recorded with the carrier at the time of handover. Any damage potentially related to transport must be reported to WD without delay, in accordance with the notification requirements and time limits set out in this Article. The customer shall retain the Product, its packaging and any evidence relevant to the assessment of the claim and, wherever possible, provide photographs of the parcel, its label and the damage identified. The customer shall make the Product available to WD for any necessary inspection, under arrangements agreed with WD. Signing the delivery receipt without reservations shall not, on its own, constitute acknowledgement that the Product is free from non-apparent damage.

9.4. Uncollected or Refused Products. The customer must accept delivery of the ordered Products or collect them within the holding period specified by the carrier. Products made available at WD’s premises must be collected within ten working days following notification of their availability, meaning Monday to Friday, excluding public holidays at WD’s registered office. Refusing or failing to collect a parcel does not, in itself, constitute cancellation of the order or valid exercise of a right of return. Where the parcel is returned to WD, the Products remain available for collection by the customer at WD’s premises, and WD shall notify the customer accordingly. These provisions also apply to special orders and to Products sent back to the customer after a return has been rejected on the grounds that the conditions of Article 10 have not been met, particularly where the Product has been worn or used, or is no longer in its original condition. The mere refusal or failure to collect a parcel does not terminate the sales contract or any financing agreement. Instalments remain payable in accordance with the financing partner’s terms, subject to any valid cancellation or termination and the customer’s mandatory statutory rights.

10. Right of return

10.1. Principle. Without prejudice to any rights you may have under the warranty (Art. 11 below), and unless otherwise indicated by us, you have a right to return or exchange the Products for a period of 10 calendar days from receipt of the Products. This right of return is however excluded for Products : (i) that have been collected from our premises ; or (ii) that are the subject of a special order within the meaning of Article 8.5 ; or (iii) that are damaged, have been worn, or are not in their original condition and/or packaging.

10.2. Modalities. To exercise your right to return Products, you must return the Products in question to us by DHL Express or registered parcel within the 10-day period indicated in section 10.1 (the date of delivery to the forwarding agent being taken as proof), accompanied by the corresponding original invoice and a clear and unconditional declaration that you are cancelling the order and requesting either a refund or an exchange (if the order was for several Products, you must provide an individual declaration for each Product). You will bear the costs and risks related to the return of Products.

10.3. Effects of return. Unless otherwise stated, Products returned in accordance with Article 10.1 and 10.2 above shall, at your discretion, be exchanged or refunded within 30 days of our receipt thereof, using the means of payment used when ordering the Products. If the Product has been subject to financing in accordance with Articles 8.2 and 7.2, your financing agreement with our Partner will be cancelled. As an exception to the rule requiring refunds to be made using the original payment method, any portion of a refund corresponding to a deposit paid directly by the customer to WD shall be refunded in accordance with Article 7.4. This exception does not alter the refund deadline set out in this Article.

11. Product Warranty

11.1. Warranty.

New Products. New Products benefit from the warranty provided by their manufacturer, for the duration and subject to the conditions specified by that manufacturer. The warranty start date is the date shown on the warranty card or certificate, or recorded in the manufacturer’s warranty system. This date may precede delivery to the customer. WD does not provide any additional commercial warranty for new Products unless expressly agreed otherwise.

Pre-owned Products, excluding bags. Pre-owned Products, excluding bags, benefit from warranty coverage for at least two years from their delivery to the customer or collection at WD’s premises. This coverage is provided through any remaining manufacturer’s warranty and, where necessary, a supplementary warranty from WD, as follows:
(i) where the manufacturer’s warranty has expired when the Product is handed over to the customer, or where the Product has no manufacturer’s warranty, WD provides a two-year warranty from that handover;
(ii) where the manufacturer’s warranty expires within two years of that handover, WD’s warranty takes over upon its expiry for the remainder of the period ending on the second anniversary of the handover;
(iii) where the manufacturer’s warranty remains valid beyond those two years, it continues to apply until its expiry in accordance with its own conditions. No additional WD warranty period is added after that expiry.
The manufacturer’s warranty is subject to the manufacturer’s conditions. WD’s supplementary warranty is subject to the conditions set out in these ToU. It does not constitute an extension of the manufacturer’s warranty and does not bind the manufacturer.
Pre-owned bags are excluded from the two-year coverage and WD’s supplementary warranty provided for in this Article. This exclusion does not affect any manufacturer’s warranty that remains valid or any applicable statutory rights. Mandatory provisions of applicable law remain unaffected.

11.2. Warranty conditions and warranty term. The start and expiry dates of the manufacturer’s warranty are determined by the warranty card or certificate, or by the information recorded with the manufacturer. For pre-owned Products benefiting from the two-year coverage provided for in Article 11.1, excluding bags, this period is calculated from the physical handover of the Product to the customer. This date may be established, in particular, by the delivery confirmation or collection receipt. Where WD’s supplementary warranty applies, its start and expiry dates are specified on the invoice or in a warranty document provided to the customer. Claims under WD’s warranty are subject to the defect notification requirements set out in Article 9.3. Claims under the manufacturer’s warranty remain subject to the manufacturer’s conditions. Mandatory statutory limitation periods remain unaffected.

11.3. Exclusions. Excluded from the warranty under Article 11.1 ToU are, in particular, damages resulting from improper use of the Products, any breach of Article 11.1 ToU, any use contrary to the instructions of WD or the manufacturer or for a purpose which is not indicated, negligence, inappropriate storage or conservation of the Products, accident, defects resulting from the transport of the Products, as well as normal loss or wear and tear. The exclusion relating to transport damage shall not apply to damage occurring before the transfer of risks as defined in Article 9.2.

11.4. Warranty Claims and Repairs. WD coordinates the handling of claims under the warranties provided for in Article 11.1. Where the Product is covered by the manufacturer’s warranty, WD arranges for it to be sent to the manufacturer, an authorised service centre or its retail partner. Warranty coverage and any work carried out are subject to the manufacturer’s warranty conditions. Where the Product is covered by WD’s warranty and its conditions are met, WD shall first arrange for the covered defect to be repaired at no cost to the customer. The customer may not request a replacement or refund as the initial remedy. If repair is impossible, WD shall offer either a replacement Product with equivalent characteristics and value, subject to the customer’s agreement, or a refund of the price actually paid for the Product concerned. If no agreement is reached on the replacement Product, WD shall issue a refund. The customer’s mandatory statutory rights remain unaffected.

11.5. Exclusive Warranty. To the extent permitted by applicable law, the warranty set out in Article 11.1 ToU is exclusive and replaces and supersedes any other warranty or rights you might claim in respect of the Products.

III. COMMON PROVISIONS

12. Data protection

We have issued a privacy policy, accessible at address, which describes how personal data is collected through the Website and for what purposes. That Privacy Policy, as amended from time to time, forms an integral part of these ToU.

13. Liability

13.1. Principle. You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) use, unavailability or inability to use the Website or the Services, (ii) use or inability to use the Products, (iii) unauthorised access to or alteration of your data, (iv) from declarations or actions of any third party on or in connection with the Website, (v) information and results available on the Website, and in particular information of a medical or scientific nature, as well as all linked websites and all documents disseminated on the Website, (vi) any other cause relating to the Website.

13.2. Limitation of liability. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a service or of the Products, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Product.

14. Indemnity

You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Website in breach of these ToU.

15. Miscellaneous

15.1. Severability clause. Should any provision of these ToU prove to be invalid or unenforceable, the Parties agree that their intentions, as reflected in the defective provision, shall be implemented to the fullest extent possible and that the remaining provisions of the ToU shall remain in full force and effect.

15.2. Assignment. You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.

15.3. Force Majeure. We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.

15.4. No waiver. Any sufferance or failure by WD to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.

16. Applicable law, jurisdiction and venue

16.1. Applicable law. These ToU and the relationship between you and any company affiliated with WD, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.

16.2. Jurisdiction. Exclusive jurisdiction for any disputes in connection with these ToU is vested in the competent courts at the registered office of WD, subject to any mandatory forum prescribed by law.

17. Contact

You may contact us at info-ch@watchdreamer.com