Shipping policy

 

 

General Terms and Conditions of Sale of the MSW My Swiss Watch Sarl Switzerland Online Shop

  1. Scope

 

1.1 The following General Terms and Conditions ("GTC") apply when using the website  ("myswisswatch.ch "), as well as to orders for MSW My Swiss Watch Sarl products on the online shop of the Website in Switzerland, in the version valid at the time each order is placed. The Website is owned and operated by MSW My Swiss Watch Sarl, bas-du-village 7c, 2336 Les Bois, Switzerland. Contracts for online purchases are concluded between the customer ("Customer", or "you") and the supplier, MSW My Swiss Watch Sarl ("we").

 

1.2 We are entitled to supplement or amend the GTC at any time and at our sole discretion. The applicable version of the GTC is the one valid at the time the order is placed.

 

1.3 Divergent, additional, or contradictory customer conditions will not be recognized unless we have expressly agreed to their validity in writing.

 

 

  1. Terms of Use

 

2.1 Proper registration is required to use the offers in our online store. In this regard, as a customer, you are responsible for providing truthful and complete information.

 

2.2 We are under no obligation to accept the registration or orders of a registered customer. Likewise, we are not obliged to make the Website and its services permanently available. Orders that have already been confirmed are not affected by this.

 

2.3 If incomplete or inaccurate information is provided during registration, or if you fail to inform us of a change, we are authorized to immediately exclude you from using our shop.

 

2.4 You are obliged to treat your login information confidentially and to prevent unauthorized third parties from accessing it.

 

 

  1. Online Order Process

 

3.1 Start your order by adding the selected products to the shopping cart. You can view the shopping cart again on the overview page before starting the checkout process. Please provide the delivery address at the first step of the checkout process. Enter the payment information during the second step.During the third step, you have the opportunity to review your selection and all information, as well as to correct any input errors before submitting and placing your order.

 

3.2 By clicking the "BUY NOW" button, you confirm a binding order for the products in the shopping cart. An automated email confirming that we have received the order is generated immediately after the order is submitted and does not constitute acceptance of the contract.

 

3.3 If you have opened a customer account, you can then view your orders at any time under "My Orders".

 

 

  1. Subject of the contract, characteristics

 

4.1 The contract covers the products specified in your order and listed in your order confirmation at the retail price indicated in the online store. Errors and omissions may occur, particularly those affecting the availability of goods; however, we strive to correct errors as quickly as possible.

 

4.2 The characteristics of the ordered products are based on the product descriptions in the online store. The images of the products on the Website may be inaccurate in certain circumstances. In particular, colors may vary significantly for technical reasons. The images are for illustration purposes only and may differ from the product. Technical data, weight, dimensions, and performance specifications are indicated as accurately as possible, but may include ordinary deviations.

 

4.3 The presentation of products on the Website constitutes a non-contractual online catalog and not a legally binding offer.

 

 

  1. Conclusion of the contract

 

5.1 A purchase contract is concluded only when we send you a shipping confirmation by email within five days of your order. No contract is concluded for products ordered that are not listed on the shipping confirmation. This may also affect products offered in the online store but which are not available when your order is received, for example. In this case, we will refund any payments that may have already been made.<|diff_marker|>For the refund, we use the same payment method that you indicated when processing the initial transaction, unless expressly agreed otherwise.

 

5.2 If the product indicated in your order is only temporarily unavailable, we will inform you immediately in the order receipt confirmation. You have the right to terminate the contract if there is a delivery delay of more than two weeks. In this case, we will refund any payments that may have already been made. For the refund, we use the same payment method that you indicated when processing the initial transaction, unless expressly agreed otherwise.

 

5.3 Products will only be sold in quantities typical for a household.Sales will only be made to private customers who are at least 18 years old, legally competent, and have their regular residence as well as a delivery and billing address in Switzerland or Liechtenstein.

 

 

  1. Prices and payments

 

6.1 The prices indicated at the time of the order will apply to orders in our online shop. The prices shown are retail prices in Swiss francs and include the applicable value-added tax.

 

6.2 The shipping costs to be paid will be indicated to you in the order summary at the shopping cart level before you submit your order.

 

6.3 Payment for the items takes place via the payment methods suggested in the ordering process (credit card, PayPal, prepayment, and invoices) according to the conditions specified here.We reserve the right to refuse payment of the invoice depending on the result of the review of your data (identity and credit check).

 

6.4 Details regarding the credit check are available in our privacy policy.

 

6.5 When you pay by credit card, we will charge your credit card when the items are shipped.

 

6.6 For the advance payment method, we will ship the goods within one to three days after receiving the invoice amount in our bank account. Payment must be made within five business days after the order receipt confirmation is sent.

 

6.7 Installment payment options are not available.In the event of late payment, we charge penalties as interest at the statutory rate (Article 104 CO [Swiss Code of Obligations]). The right to claim further damages, in particular the cost of administrative and banking fees as well as the costs of legal proceedings, is reserved.

 

6.8 For refunds, we use the same payment method that you indicated during the processing of the initial transaction, unless expressly agreed otherwise.

 

6.9. The right of set-off is available only if your counterclaims have been legally established, or if they are undisputed and acknowledged by us. You are only entitled to exercise a right of retention to the extent that a counterclaim arises from the same contract.

 

 

  1. Delivery and Retention of Title

 

7.1 Unless otherwise agreed, delivery will be made to the address provided by the customer. Deliveries are available only within Swiss territory and the Principality of Liechtenstein.

 

7.2 Shipments are sent by Swiss Post. Unless otherwise specified, items are received by the customer approximately three to ten business days after placing an order.

 

7.3 Delivery times are provided for reference only and are therefore considered as approximate agreements.Disruptions that are not caused by us nor by any of the companies with which we have contracted (such as logistics companies responsible for fulfilling the contract), as well as cases of force majeure, may further delay delivery. We will inform you of any disruptions to these delivery terms as soon as we are made aware of them.

 

The delivered goods remain the property of MSW My Swiss Watch Sarl  until full payment has been made.

 

7.4 MSW My Swiss Watch Sarl remains at all times entitled to register or have its retention of title registered in the designated official register.

 

  1. Redemption of promotional coupons

 

8.1 Promotional coupons are coupons that we issue during certain promotional events and that have a specific validity period. You cannot purchase them. The following conditions as well as those stated on the respective promotional coupons apply.

 

8.2 Promotional coupons are only valid during the periods respectively specified, and they can only be redeemed once and only before the end of the purchase process. Promotional coupons cannot be used in conjunction with another (and not with different promotional coupons). Individual products may be excluded from the promotional coupon.

 

8.3 The minimum required amount is always specified according to the coupon. If the minimum order value is no longer reached due to the return of items, we reserve the right to cancel the coupon.

 

8.4 If the value of the promotional coupon is insufficient for the order, the difference can be paid using the payment options we offer.

 

8.5 If you exercise your right of return, the reduced purchase price will be refunded. There is no right to a refund or replacement of the coupon.

 

8.6 The value of the coupon will not be paid in cash and will not include interest. No credit balance will be refunded.  

 

 

  1. Returns

 

9.1 You may return products purchased in the online store to us free of charge within 14 days of receipt. Please use the return form included in the package. Please keep the proof of return.Returned products must be accompanied by their original tags, fastenings, and packaging; their condition must be as expected after normal use during product inspection and fitting. Returned products showing signs of use or emitting a strong odor cannot be resold. If applicable, we reserve the right to claim compensation.

 

9.2 Unfortunately, items ordered online cannot be returned to the MSW My Swiss Watch Sarl store or any other point of sale.

 

 

  1. Damage during transport

 

10.1 If goods are delivered with obvious transport damage, we ask you to immediately file a complaint with the delivery provider and contact us as soon as possible.

 

10.2 Not filing a complaint or not contacting us has no effect on your statutory warranty rights, but it helps us to assert our own claims against the freight carrier or the transport insurance company.

 

 

  1. Rights arising from defects and warranty

 

11.1 In the event of delivery of defective goods, you have the applicable statutory warranty rights, in particular Article 197 et seq. of the Swiss Code of Obligations.

 

11.2 The delivered goods are only warranted in cases where this has been explicitly specified in the respective order confirmation of the products.

 

11.3 Claims and warranty requests can be submitted to the following address: MSW My Swiss Watch Sarl, Schmiedgasse 57, CH-6438 Ibach-Schwyz. You can also send an email containing a brief description of the defects to .

 

 

  1. Liability

 

12.1 All claims on your part regarding damages are excluded, except for those resulting from injury to life, body, or health, or any liability for other damages based on intentional or grossly negligent breach.

 

12.2 The aforementioned restrictions also apply to our legal representatives and vicarious agents, if complaints are brought directly against them.

 

12.3 The provisions concerning Product Liability are not affected.

 

12.4 It cannot be guaranteed that data communication via the Internet is error-free and/or available at all times with current technology. We shall therefore not be held liable for the continuity and uninterrupted availability of the online store, nor for technical and electronic errors beyond our control during an order transaction.

 

12.5 The links on this Website to other websites are provided solely for your information and improved navigation. If links are created to other websites or sources, we disclaim all responsibility regarding the availability of said sites or external sources.The content accessible on these websites does not belong to us, and any liability or warranty regarding it is excluded.

 

  1. Intellectual Property Rights

 

13.1 The logo and trademark MSW My Swiss Watch Sarl® are registered trademarks of our company and its subsidiaries. The company owns other trademarks, logos, designs, products, and information, and all copyrights or other intellectual property rights on this Website or patents related to this Website, which may not be copied, reproduced, displayed, transmitted, modified, or distributed in any way (electronically or in writing) without first obtaining the written consent of the owner of these elements or without being legally entitled to do so.

 

13.2 Downloading or printing content from this Website does not indicate or imply the transfer of rights. However, you may download a page from this Website for exclusively personal and non-commercial purposes, provided that you do not remove copyright references.

 

13.3 The copyrights of certain documents or other materials provided on this Website belong to third parties. These documents and other materials have been provided on this Website with the permission of the copyright owner. You must check the copyright references of these documents or materials.

 

13.4 All rights not granted under these General Terms and Conditions are reserved by the company.

 

 

  1. Customer reviews and test reports

 

14.1 The Terms of Use in this section concern your conduct within the framework of the service we offer "Ratings and Reviews" (hereinafter referred to as the "CRR Service"). If there are conflicts between our Privacy Policy and these Terms of Use, these Terms of Use shall prevail for the CRR Service.

 

14.2 By submitting any kind of content, you indicate and assure that

  • you are the sole author and owner of the intellectual property rights to it;
  • you voluntarily waive all moral rights you may have regarding this content;
  • all content you provide is accurate;
  • you are over 18 years of age;
  • the use of the content you provide does not contravene the Terms of Use and does not cause harm to any individuals or legal entities.

 

Furthermore, you agree and ensure that you will not post any content

  • that you know to be false, inaccurate, or misleading;
  • that constitutes an infringement of copyrights, patents, trademarks, trade secrets, or other proprietary, publicity, or privacy rights of third parties;
  • that contains a violation of any law, legal provision, regulation, or legislative clause (including, but not limited to, those relevant to export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • that is offensive or defamatory towards an individual, partnership, or company, that is hateful or carries racial or religious prejudice, or that threatens or harasses any individual, partnership, or company, or that may reasonably be considered as such;
  • for which you have received compensation or on behalf of a third party;
  • which includes any information referring to other websites, addresses, email addresses, contact details, or phone numbers;
  • which contains viruses, computer worms, or other programs or files that could potentially damage computers.

 

14.3 With regard to all claims/complaints, demands, and damages (present and indirect) of any kind, known or unknown, arising from any breach of your information and the above statements or a violation by you of any law or third-party rights, including reasonable attorney's fees, you agree to indemnify us and not to pursue us (as well as our management, directors, agents, subsidiaries, joint ventures, employees, and third-party suppliers).

 

14.4 For each content you submit, you grant MSW My Swiss Watch Sarl a permanent, irrevocable, royalty-free, and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute or incorporate such content worldwide in any form, medium, or technology without having to receive any compensation for it.

 

14.5 Any content you submit may be used at our sole discretion. We reserve the right to modify, summarize, or delete any content that we, in our sole discretion and judgment, consider to be in violation of the content guidelines or any other provisions of these Terms of Use. We do not guarantee that you will have the opportunity to modify or delete the content you submit.Generally, content is published on the Internet within two or four business days. However, we reserve the right to remove any submitted content, for any reason, or to refuse its publication on the Internet. You acknowledge/confirm that you are responsible for the content you submit and not us. With regard to the content submitted by you, we, our representatives, subsidiaries, affiliates, business partners or third-party suppliers, and their respective directors/boards of directors, officers, and employees are under no obligation of confidentiality.

 

14.6 Since you provide your email address with your content, you agree that we and our third-party suppliers may use your email address and contact you regarding the progress of your report and for other administrative purposes.

 

 

  1. Privacy and data protection

 

The privacy policy in effect for this website is available under the section  and contains information on how the personal data you provided during your use of this Website may be processed by the company.

 

 

  1. Technical support service

 

 

 

If you have any questions regarding the Website or online orders, you can contact us via

by email:

by the online contact form :

Monday to Friday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m.

 

 

 

  1. Final provisions

 

17.1 The contract language is French, even if, in addition to the French version, these General Terms and Conditions are offered in different languages, in particular in English. In the event of discrepancies in terms of language, the French version shall prevail.

 

17.2 For conflicts and disputes arising in connection with the MSW My Swiss Watch Sarl online store, Swiss law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the Canton of Jura. The above choice of law and jurisdiction shall not apply if and to the extent that, under applicable laws, you (i) are a consumer within the meaning of Swiss law or any other legislation and (ii) are entitled to invoke the mandatory application of another law and/or the jurisdiction of another court.

 

17.3 If certain provisions are or become invalid, the remaining provisions shall remain unchanged.

 

Last amendment: Oct 2018