General conditions of sale

The following provisions are governed by these General Terms of Sale: all product orders placed by an individual, hereinafter called “you” or the “client” with Watch Dream-er SA (the “Products”), hereafter called “WD”, “us” or “our” company registered with the register of commerce and having its registered office at Chemin du Pré-de-la-Tour 7, 1009 Pully, in Switzerland, by the Internet, by telephone, by e-mail or by post.

Before using the WD website (www.watchdreamer.com) and the associated pages (the “Website”) and/or placing an order, we advise you to carefully read all of the provisions of these General Terms of Sale as well as the Confidentiality Policy, the Conditions of Use of the Website and any other provision likely to appear on the Website during special offers or specific campaigns.

Each order placed with WD is governed by these General Terms of Sale. Unless specified otherwise in these General Terms of Sale, they apply excluding all other conditions.

Our General Terms of Sale are likely to be modified when a new version appears on the Website at a more recent date. We invite you to read our General Terms of Sale regularly to be informed about these modifications. The General Terms of Sale that apply are those that are in force at the time you order Products from us, unless a modification of these are demanded by the law or a governmental authority (in this case, it shall apply to orders previously placed by you).

Any order placed on the Website can be delivered to the country chosen by the client.

ARTICLE 1 – ORDERS

1.1 Registration

The condition precedent for placing an order is the transmission of personal information for your registration, for example your name and e-mail address. This information must be exact and up-to-date.

Please inform WD of any modifications made to your address or any other information by updating your personal data on the Website and immediately, so that we have exact data to process your requests and your orders.

Products on sale on the Website are reserved exclusively for adults. Persons under the age of 18 are only authorised to buy Products with the agreement and under the supervision of one of their parents or their legal representative.

1.2 Order process

You can place your orders:
- by the Internet at www.watchdreamer.com;
- by e-mail at the address info@watchdreamer.com;
- by telephone at +41 21 534 55 93;
- by post to the address Watch Dreamer SA, Chemin du Pré-de-la-Tour 7, 1009 Pully.

To place a Product order on the Website, you just have to click on the button “Add to the basket” and validate the order on the payment page.

WD proposes its Products for sale on the Website while stocks last.

After placing an order on the Website, you shall have access to the order confirmation page so you can check it, choose the method of delivery and check the final amount.

After having accepted the General Terms of Sale, you shall be invited to indicate the data relating to the payment to finalise your order.

Never mention data relating to your debit card or credit card on a letter or e-mail.

1.3 Order confirmation

Once you have placed and confirmed your order(s), WD shall confirm receipt of your order(s) mentioning all detailed information relating to the ordered Products.

After confirming receipt of your order(s), WD shall check the availability of the Products concerned. A Product sales contract between you and WD shall only be entered into when WD has confirmed that all or part of the Products are or is still available and has sent you confirmation that the contract has been entered into.

The Product sales contract shall only concern Products whose shipping we have confirmed.

Within the limits imposed by law, WD is authorised to refuse, delete or cancel an order on any reasonable grounds and at any moment. For example, we are likely to refuse an order if a Product is totally or partially unavailable after validation of the order. In this case, you shall be informed of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products or all of these Products, we shall refund you the whole amount of the Products concerned as well as all delivery costs invoiced as soon as possible. WD is also likely to refuse an order in the event a dispute exists concerning the payment of previous orders or in the event of abnormal orders and orders for which WD suspects that they have not been placed in good faith.

1.4 Price

The prices mentioned for the Products you order are those mentioned on the Website on the date you placed your order, all taxes included, except for potential applicable customs duties.

Delivery costs shall be invoiced at the rates indicated on the Website on the date on which you placed your order and calculated according to the method of delivery chosen. We shall indicate the delivery costs applicable to your order at the payment stage and before confirmation of your order.

WD reserves the right to modify the prices of its Products in the future. Price modifications shall not apply to Product orders confirmed by WD.

1.5 Payment

The payment must be made according to the method you have chosen at the payment stage of your order. Payments can be made by credit card or direct debit or any other means of payment offered by WD. For any payment, it is vital to mention the client number and/or invoice number.

For security reasons, data relating to your card are encrypted during all transmissions. Depending on the organisation or payment service, payment by credit card may require the issuing of an authorisation or be made over several stages. Should WD not receive this authorisation, WD reserves the right to cancel your order.

In the event your credit card or debit card could not be debited, WD shall put your order on hold and send you a message stipulating that the payment failed. No order shall be shipped in the absence of confirmation that the payment was authorised or processed. WD reserves the right to refuse any new order as long as the balance due has not been paid in full.

1.6 Loan or credit request

Loan or credit requests with WD partners are exclusively subject to the general conditions of our partners. WD has no links with the refusal or approval by one of its partners of any loan or credit request and declines any responsibility whatsoever in this re-spect.

ARTICLE 2 – DELIVERIES

2.1 Delivery

All orders confirmed by WD shall be delivered to the delivery address specified when you have placed your order.

WD and/or the companies authorised by WD are likely to contact you by text mes-sage, telephone and/or e-mail and to give you information concerning your order and its delivery.

WD does its utmost to make its standard deliveries (while stocks last and after receipt of the funds) in one (1) to three (3) working days from receipt of an order.

To deliver the orders on time, WD endeavours to have sufficient stocks of Products. It is nonetheless possible that stocks of certain Products turn out to be insufficient to allow a delivery of all orders on time. In such cases, you accept that WD allows itself to make partial deliveries or defer delivery without being considered at fault. Orders for Products available in limited quantities (for example limited editions, etc.) are only accepted if the stock level permits it.

2.2 Defaulting on payments and risk transfer

WD remains owner of the Products until full payment of the price for the said Prod-ucts. WD reserves the right to withdraw from the contract and demand the return of the Products in the event you do not make the payment of all of the sums due following con-clusion of the contract. All costs mentioned in the order confirmation are included.

Any risk of loss or damage to the Products is transferred to you when you accept delivery (or any other person acting in your name).

2.3 Verification of the Product

At the time of delivery, we ask you to check that the items delivered correspond to those mentioned on your order confirmation. The Products must be intact, undamaged and not have been modified in any way.

In the event you notice any damage or missing items, you must report it, make a complaint with the carrier and contact our customer service two (2) days after delivery at the latest. In the absence of notice from you in the aforementioned deadline, the Products are reputed as received in good condition, with no defect or damage, and accepted as is, except for any hidden defect.

If a hidden defect is noticed, you must immediately inform WD of this defect on dis-covering it.

In this case, and for all that the complaint proves to be justified, WD may, at its sole discretion, replace the Product and/or faulty parts by another product considered to be equivalent or by spare parts or carry out repairs.

ARTICLE 3 – RETURNS AND GUARANTEE

3.1 Cancellations

You have the right to return any Product that does not suit you in fourteen (14) days after receipt of the Products. WD shall only accept the return of undamaged Products not having been used in their original condition and packaging with the invoice.

You assume all responsibility in the event of depreciation of the value of the Products resulting from your handling beyond the necessary actions to establish the nature, char-acteristics and working of the Products.

Return costs are borne by you.

3.2 Effects of the withdrawal

If the returns have been carried out correctly, WD refunds the amounts already paid by the client and the delivery costs invoiced in thirty (30) days maximum from the date the returned Products were received. We shall make this refund by using the payment method you chose for the initial transaction, unless if you have expressly accepted the contrary.

3.3 Guarantee

Subject to incumbencies provided for in article 3.3, all new Products sold by WD are guaranteed for two (2) years. Second-hand Products are guaranteed for one (1) year. The guarantee is effective on the delivery date of the Product and is justified by the in-voice that accompanies the Product.

In the interests of clarity, the guarantee granted does not cover defects resulting from an accident, poor handling, non-compliant use or an unauthorised modification or repair, as well as defects that are the consequence of normal wear and tear of the Products over time.

To enforce your right to the guarantee, you must send us, at your own costs, the goods under guarantee that are the subject of a defect.

If we notice a guarantee claim, we can, at our sole discretion, replace the Product and/or the faulty parts by another product considered to be equivalent, or by spare parts or carry out repairs.

ARTICLE 4 – LIABILITY

Photos and texts displayed as Product illustrations and descriptions on the Website are non-binding and given exclusively for information purposes. WD cannot be held responsible in the event of errors or omissions that occur with the illustrations or texts dis-played on the Website.

Without limiting the scope of these General Terms of Sale and within the limit authorised by governing law, no claim of any kind, concerning the Products delivered or the absence of delivery of the Products or for any other reason can be greater than the purchase price of the Products in relation to the damages claimed. On no account can WD be held responsible for indirect, unforeseen or consecutive damage of any kind (even if the threat of this damage was known or should have been known by WD), likely to en-sue from the Products offered on this website or the use or sale of these Products.

You acknowledge and expressly agree that WD answers for no direct, indirect, incidental, particular, derived, unforeseen or consecutive damage of any kind (even if the threat of this damage was known or should have been known by WD), likely to ensue from the Products offered on this website or the use or sale of these Products.

We expressly decline all liability in the event of loss or damage that you may expose yourself to following the non-compliance with these General Terms of Sale. We only supply Products intended for personal and private use. You accept not to use these Products for commercial or professional purposes or for resale. We accept no liability for any loss of profit, loss or interruption of activity or loss of business opportunities.

These General Terms of Sale contain no provision excluding or limiting our liability in the event of wilful misrepresentation or serious misconduct.

ARTICLE 5 – CASE OF FORCE MAJEURE

WD shall do everything necessary to fulfil its obligations. Nonetheless, WD cannot be held responsible for delays or absence of deliveries caused by circumstances outside of its reasonable control (“case of force majeure”). Among these circumstances are without limitation strikes and social movements carried out by third parties, riots, revolts, wars, natural disasters or any other situation that makes production, transport or deliv-ery of the Products impossible or unrealisable.

In the event of a delay resulting from a case of force majeure, WD’s obligations shall be suspended and the performance deadline of our obligations shall be extended during the duration of the event. WD shall honour its obligations as quickly as possible insofar as reasonable. WD reserves the right to distribute any Product remaining among its cli-ents in a fair and reasonable way.

ARTICLE 6 – MISCELLANEOUS

For WD to tolerate your breach to any of the obligations provided for by the Conditions of Use, or not to apply any right that benefits it by them or by the law, can on no account be interpreted as a waiver by it to invoke its rights.

Should one of the provisions of the General Terms of Sale be considered as illegal by a provision of a legal or regulatory nature, present or future, or by a legal decision, the said provision shall be considered as being unwritten, all other provisions of the General Terms of Sale shall have a binding force between yourself and WD.

The title of the articles of the General Terms of Sale is for information purposes only and cannot alter or modify the conditions in any way whatsoever.

ARTICLE 7 : INTERPRETATION

In the event of a difference of opinion between the German, English or French version of the General Terms of Sale, only the French version is valid.

ARTICLE 8 - GOVERNING LAW AND PLACE OF JURISDICTION

These General Terms of Sale and your purchase of Products on the Website are governed and interpreted in accordance with Swiss substantive law, without taking into consideration the provisions regarding conflicts of laws (and in particular excluding the United Nations Convention on contracts for the international sale of goods).

Any dispute or claim coming from or associated with these General Terms of Sale shall be submitted to the exclusive jurisdiction of the courts of Lausanne, Switzerland, subject to other imperative places of jurisdiction provided for in contracts entered into with consumers.