Sales Conditions | Schindler Zermatt

CONDITIONS OF SALE HERSCHMANN ASCONA C/O RHODANUS BOUTIQUE AG

Last updated: August 2021

These Conditions of Sale apply to any sales of products or services that you may order from Herschmann Ascona c/o Rhodanus Boutique AG, using the website www.herschmann.ch or and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”).

Herschmann Ascona c/o Rhodanus Boutique AG has its registered offices at Furkastrasse 25 in 3904 Naters, Switzerland (“Herschmann Ascona” and "we", "us" and "our"). Our VAT number is CHE-281.727.383.

Herschmann Ascona is an affiliate of Terms of Use entity, which owns and edits the Platforms pursuant to the Terms of Use, and Privacy Policy entity, which is responsible for our information collection practices pursuant to the terms of the Privacy Policy. By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Sale.

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms or other channels used by Herschmann Ascona (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels.

UPDATES TO THESE CONDITIONS OF SALE

We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platforms. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to (as specified by the Sales Channels), may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

By placing an order through the Sales Channels, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.

PRODUCT AVAILABILITY & QUANTITY

All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platforms, which cannot be added to the shopping bag, are not available for sale via the Platforms. The Sales Team can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.

Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.

The Sales Team and the product pages of the Website can provide you with information regarding products that are currently available for sale through these channels.

ACCOUNT REGISTRATION & GUEST CHECKOUT

To place an order, you may either register and create an online account, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).

ORDER PROCESS

The order process of the Platforms will include the following:

· Add to Shopping Bag: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.

· Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process.

· Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order.

· Placing of Order: You then check the relevant box and place your order.

In the case of an order being placed through the Sales Team (via phone, Instagram, WhatsApp etc.), the Sales person will walk you through the steps above and verbally ask you to confirm the details of your order.

We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.

PRICES, TAXES AND SHIPPING COSTS

All prices shown on the product pages of the Platforms or quoted by the Sales Team are in Swiss Francs (CHF) and include the applicable VAT and shipping costs unless otherwise stated, but exclude other taxes unless otherwise stated.

We reserve the right to modify prices and delivery costs at any time without prior notice.

We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via Sales Team. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.

Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.

PAYMENT

We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.

When ordering on the Platforms, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Sales Team your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.

When paying by credit card, the full amount of your purchase will be charged in the moment of confirming the purchase.

Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.

We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Sales Team, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within ten (10) days after you have placed your order, your order can be cancelled by us.

ACKNOWLEDGEMENT OF ORDER

Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Customer Relations Centre promptly.

These Conditions of Sale will be provided to you when we acknowledge your order.

SHIPPING POLICY

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.

CONFIRMATION OF ORDER & SHIPMENT

DELIVERY

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.

If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Sales Team to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received.

In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.

We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the sales contract by Herschmann Ascona and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver the products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please call the Sales Team for more information.

INVOICES

When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

RETURNS AND EXCHANGES

(a) Right to cancel

You have the right to cancel the contract created by our written order confirmation without giving any reason fourteen (14) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired.

To cancel the contract and return your product(s), you can contact our Sales Team via email ( info@herschmann.ch ) and follow the instructions that will be given to you.

(b) Return Process

Products that have been purchased through the Sales Channels may only be returned to our point of sale in Ascona at the following address: Herschmann Ascona c/o Rhodanus Boutique AG, Piazza Giuseppe Motta, 6612 Ascona, Switzerland.

To return a product to our point of sales in Ascona you must follow the steps mentioned below:

(i) Call the Sales Team (+41 91 791 23 12)

(ii) You may either choose (a) our pick up service and agree on a pick-up date with our logistics partner or (b) drop off the product at our POS in Ascona within the return period. You may be asked at this stage to provide information about the product for us to make a first assessment of the condition of this product;

(iii) If you chose our return pick up service, our logistic provider or us will send you the Shipment label via e-mail.

(iv) You must include in the delivery package, the product, along with all its accessories, any free items you received as part of your order, the Service Guide, the Warranty Card and all other documents, in their original box;

(v) Please seal the delivery package, if applicable, print the prepaid return label and affix it to the parcel in case you choose the pick-up service.

(vi) On the agreed date, our logistics partner will pick-up the sealed delivery package and give you a return tracking number which you should keep until the order refund confirmation is received or you may drop off the parcel at our store and the refund will follow via cash payment in the store or wire transfer afterwards.

You must keep a proof of return shipment, and we accept no liability in the event that such proof cannot be produced. Only merchandise received by our point of sale in Ascona will be eligible for a refund or exchange.

We will verify that the returned product satisfies the conditions of the Returns and Exchanges Policy and, if so, then proceed with the applicable refund or exchange.

Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original box (if applicable) and delivery package, including all accessories and documents. For example, timepiece bracelets that have been adjusted at your request must be returned with the exact same number of links as in the original delivery package. We reserve our right not to accept any return if the product shows (new) signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

If you have received free items as part of your order, they must be returned with the products.

All returns will be subject to strict Quality Control (QC) by us to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be sent back to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.

Failure to comply with these Conditions of Sale will entitle us to refuse the returned product and send it back to you, at your own cost.

(d) Products you cannot return or exchange

Orders for products that have been personalized in any way or otherwise made for you with bespoke specifications cannot be cancelled and such products cannot be returned to us for exchange or refund.

(e) Refunds

You may return a product purchased through the Sales Channels for refund, provided that the return complies with these Conditions of Sale, in particular with (a) Right to Cancel and (b) Return Process above.

Only the buyer will be entitled to receive a refund of the purchase price. In no event will a third person who has received the product be entitled to receive a refund.

If the return complies with these Conditions of Sale, we will use commercially reasonable endeavours to refund the purchase price to the buyers within fourteen (14) days after receipt of the returned item by the Point of Sale in Ascona. Initial shipping charges will not be refunded.

MANUFACTURER’S GUARANTEE AND YOUR LEGAL CONSUMER RIGHTS

We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

In your capacity as consumer, you may have legal rights under the applicable law of governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.

COMPLIMENTARY SERVICES

The following complimentary services will be proposed, free of charge, by the Sales Channels:

(a) Packaging

All orders will be shipped with our special packaging. Please use the same packaging for returns

Orders for personalized products cannot be cancelled and personalized products cannot be returned to us for exchange or refund.

(b) Strap Exchange / Adjustment

The watch strap is delivered in a standard size. For certain products, the strap size can be delivered smaller or larger. If available, please specify your requirements on the Platforms or by calling the Sales Team (+41 91 791 23 12). If you request a watch bracelet adjustment, the removed links will be returned to you and included in the delivery package.

REPAIRS

For any repair inquiries relating to a product ordered through the Sales Channels, please call our Sales Team (+41 91 791 23 12).

PRODUCT DESCRIPTIONS

We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platforms, in advertisements or catalogues or as provided by the Sales Team is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.

LIMITATION OF LIABILITY

If any provision, or part of a provision, of these Conditions of Sale is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Conditions of Sale, and the legality, validity or enforceability of the remainder of the provisions of these Conditions of Sale shall not be affected, unless otherwise required by operation of applicable law.

These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms.

GENERAL PROVISIONS

We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.

The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.

This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Panerai Guarantee.

APPLICABLE LAW AND JURISDICTION

These Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, shall be adjudicated or arbitrated in accordance with the Conditions of Sale.

You may bring proceedings against us in the courts of Brig (VS), Switzerland.

Without any restriction to bring proceedings before a court, you and Herschmann Ascona c/o Rhodanus Boutique AG will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.

If you have any questions or comments about these Conditions of Sale, or matters generally, please contact us at the address provided below.

HERSCHMANN ASCONA

c/o Rhodanus Boutique AG

Furkastrasse 25

3904 Naters (VS)

Phone Number: +41 91 791 23 12

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