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.
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.
9. Delivery and verification
9.1. Delivery. Products which are the subject of a validated order shall be delivered to the address specified in the order by DHL Express or, upon request, by Swiss Post for deliveries in Switzerland (package against signature). The Products may also be collected at our premises. We reserve the right to contact you for further information regarding your order and delivery. Delivery dates are provided for indicative purposes only. If you order more than one Product, we may make partial deliveries.
9.2. Transfer of risks. Transport risks and costs shall be fully borne by you and you acknowledge that WD bears no risk of loss, theft, delay or any other damage in connection with the delivery of your order.
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.
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 not usually available on the Platform (special orders) ; 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 FedEx 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.
11. Product Warranty
11.1. Warranty. New Products sold on the Website are warranted by their manufacturer for the term indicated by the manufacturer. We do not provide any further warranty in relation to the new Products sold, any manufacturer’s warranty, if any, being the sole applicable warranty. Used Products are guaranteed for one year only if the warranty provided by the manufacturers of the Products was expired at the time of purchase. Art. 197 of the Swiss Code of Obligations is expressly excluded to the extent not provided for by this section.
11.2. Warranty conditions and warranty term. The warranty is subject to compliance with Article 9.3 ToU concerning notification of defects. The warranty start date is the date of delivery of the Products, which must be evidenced by the invoice for the Product in question. The foregoing is without prejudice to longer statutory limitations periods.
11.3. Exclusions. Excluded from the warranty under Article 11.1 CGUs are, in particular, damages resulting from improper use of the Products, any breach of Article 11.1 CGU, 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.
11.4. Effect. If the warranty conditions are met, we will replace the defective Product or, at our option, refund the price actually paid for the Product.
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
