GENERAL CONDITIONS OF SALE
The present general conditions of sale (hereafter "GCS") govern the use of the internet site www.blancarre.com (hereafter: the "Site"), which is available to any person with access to an internet connection, and is developed, published, administered and operated by:
Rue de la Brasserie 24
No de TVA : CHE-494.382.797
(hereafter : the "Company")
The GCS apply to all the products sold on the BLANCARRE e-commerce site. These conditions set out and define the rights and obligations of both parties.
We recommend that the user carefully read the present GCS.
The following terms used in the present GCS have, unless stated otherwise, the following meaning:
- "Client": any person or company having created an account on the Site;
- "Account": Client profile created at the time of acquiring an item via the Site;
- "User": any person who uses the Site, whether a Client or a Visitor;
- "Visitor": any person who uses or browses the Site without creating an Account.
The creation of an Account is deemed to be valid once the Client has completed the registration form and agreed to the present GCS. The present GCS are an integral part of the registration form. The Company reserves the right to refuse a Client or to terminate a Client's Account at any time, and is not required to provide any grounds for so refusing or terminating.
By creating an Account, you guarantee and confirm that:
- You are 18 years of age or over, or you are of legal adult age in your country of residence where this is over the age of 18;
- The information which you have submitted to the Company in the registration form is correct, up to date and are not misleading;
- You are entitled to purchase the items sold by the Company in accordance with the laws and/or regulations of your country of residence, or such laws and regulations as they apply to you;
- You shall not transfer or grant access to your Account to a third party;
- You are solely responsible for the safeguard of the confidentiality of your Account and of you password.
Availability of the Site:
In principle the Site is available 24/24h, 7/7 days, except for interruptions, whether or not scheduled, for maintenance purposes, due to network problems or in the event of a force majeure. No costs or damages may be claimed in the event of an interruption in, or suspension of, the Site. You understand and agree that the Company may need to temporarily suspend or limit access to the Site for maintenance purposes, the repair of software or due to network issues.
Orders may only be made on the www.blancarre.com Site by persons who are eighteen (18) years of age or older and for a personal purchase. Any professional resale or other parallel distribution of items purchased on the www.blancarre.com site is strictly forbidden.
Once the client has selected an item with the "buy" button, the description, the photograph, the reference and the unit cost of the item shall be listed. The client must check that the information so listed is correct prior to confirming the order. Any clearly erroneous data entry shall automatically be corrected by BLANCARRE.
The client must then provide his or her personal data. By confirming the order, the client agrees to the conditions of sale.
Once the order has been confirmed and paid for, the client shall receive a confirmation of the order by email.
BLANCARRE provides shipment of watches across the globe.
The delivery charges and export taxes shall be paid for by the Company. As the recipient, the Client must pay any applicable customs and VAT duties in force in the country into which he or she is importing the product. The Client shall pay these duties to the shipping agent prior to delivery. By purchasing the product on the www.blancarre.com site, the client agrees unconditionally to pay all taxes and import related costs.
once the order and confirmation of payment have taken place, delivery times are, by way of indication and with no guarantee in this respect, of 8 working days for Switzerland and Europe, and of 15 working days for the rest of the world.
The transfer of risks and ownership shall take place upon delivery.
The prices indicated for each watch on the BLANCARRE e-shop site include all taxes payable within Switzerland. The prices for other countries (Europe and the rest of the world) are tax free, and do not include Swiss VAT. The prices are stated in Swiss Francs (CHF), in Euros (€) and in US Dollars ($). The exchange rates may be adjusted at any time and shall be decisive. Regarding shipments outside of Switzerland, import duties, any potential customs duties and VAT shall be exclusively paid by the client.
BLANCARRE reserves the right to amend the prices which are listed on its e-shop site without prior notice and at any time whatsoever.
The payment of purchases on the e-commerce site shall be made:
- by credit card (Visa, Mastercard);
- by Paypal;
- by bank transfer.
All transactions made on the www.blancarre.com site are secure.
In the case of an order paid for by bank transfer, said payment shall only be accepted by BLANCARRE following confirmation of payment by the bank.
BLANCARRE shall insure each product up to the delivery thereof. A signature shall be required upon receipt of each order, which shall be the moment when responsibility for the purchased item(s) transfers to the client. Events which are not covered by the insurance taken out by BLANCARRE (natural disasters, armed conflict, etc) are specifically reserved and do not give rise to any liability for BLANCARRE.
BLANCARRE watches are guaranteed for a period of two years as of delivery of the watch throughout the world against any potential manufacturing defect and any malfunction.
The warranty is valid from the date of registration of the number of your watch (engraved under the watch casing), recorded on the warranty card. Each warranty card is signed by BLANCARRE.
In the event of a claim under the warranty, BLANCARRE expressly reserves the right to carry out a repair of the watch.
Limitation of the warranty:
This warranty cannot cover alterations or damage caused by improper handling or operation, an unintended shock, an accident, negligence or any other inappropriate use thereof. Marks resulting from wear or tear are not covered by the warranty. The same applies regarding the replacement of batteries and usual periodic servicing, as well as the watch glass.
Are further excluded from the warranty straps made of textile or of leather as well as all faults due to the intervention of a person other than a watch specialist accredited by BLANCARRE. Moreover, in the event of the intervention of a person other than BLANCARRE, the client may no longer rely upon the warranty.
Any claim for damages due to mistakes in the illustrations, prices or text or due to a delay or failure to deliver is specifically excluded. The colour of the products displayed in the online shop may differ from the real colour. The same applies to the texture of the material used.
After sales service instructions (ASS):
Should the client need to return the watch to BLANCARRE for a repair, he or she is invited to send an email to firstname.lastname@example.org specifying the number engraved on the watch as well as the problems experienced (with one or more photographs where possible).
If the watch is under warranty and the repair is covered by said warranty, the costs of repair and transportation shall be paid by BLANCARRE. The warranty is only valid if the watch is accompanied by the warranty certificate, duly signed and dated.
If the watch is no longer covered by the warranty, costs of delivery and repair shall be paid for by the Client. An estimate shall be prepared for any repair or part replacement.
BLANCARRE shall only carry out any repair once full payment has been made by the Client of the sum set out in the estimate sent to the Client. In the event of a payment by bank transfer, the repair shall only be carried out once the funds have been received.
The client shall use the watch case and the shipping package in order to return the watch to BLANCARRE SA, Rue de la Brasserie 24, 2800 Delémont, Switzerland (with the return label which has been provided).
Returns, cancellation, refunds:
As from the delivery of the watch, the client has a contractual right to cancel the purchase. The client may return the product as delivered within a period of 14 days. The costs of returning the product (delivery and insurance) shall be paid for by the Client, who shall also be liable for the risks relating to shipment.
Condition for a refund: the watch must be returned in its original packaging which shall be verified by BLANCARRE who shall validate any refund. Should it be noted that the watch has been worn or that it has been damaged in any way whatsoever, the costs for the repair and restoration shall be paid by the client and shall be deducted from any sum to be refunded. Are expressly excluded from the right to cancellation items which are engraved, personalized or altered as well as any special customisation.
Intellectual property in the products:
The Company is the exclusive owner of all intellectual property rights relating to the structure and the contents of the Site and the database contained therein, or has legally acquired said rights which allow for the operation of the structure, the database and the contents of the Site. All intellectual property rights in the items developed and delivered by BLANCARRE belong to BLANCARRE, including all images, drawings, designs, text, layouts, documents, material and information which appear on the Site. The items are for personal use only.
The Company grants you a license which is non-exclusive, non-transferrable, which may not be sub-licensed, free of charge, for a limited period of time in order to gain access to and use the Site and the information, database and the contents of the Site in accordance with the present GCS and the following conditions:
a. You may not amend or alter the Site or its contents in any way whatsoever;
b. You may not implement automatic systems in relation with the Site, including robots, spiders, sniffers, Trojan Horses, viruses, worms or any kind of malware the purpose or effect of which is to extract the contents, the database or the data on the Site, or negatively affect the functioning or contents of the Site;
c. Under no circumstances may you collect any of the data on the Site, in particular (and without limitation to), the names and addresses of service providers listed in the directory, for commercial solicitation purposes.
d. Your access and use of the Site may require the installation of updates of your computer, your browser or your electronic devices. You agree that you are solely responsible for the implementation of any updates.
e. You are aware and agree that you shall use the Site without any guarantee and at your own risk and that, even should certain Site content appear to you to be offensive or indecent, or contrary to your beliefs, the Site shall not be responsible or liable therefore.
f. You shall not encourage or assist any persons to circumvent or alter any component or code of the Site.
As a User, you undertake not to reproduce, hack, download or upload, copy, make available, publish, broadcast or use in any manner whatsoever the texts, database, data, code, images or content of the Site.
The Company reserves the right, without prior notice, to withdraw the above mentioned license at any time in the event of a failure to comply with the specific conditions or the present GCS. The company reserves the right, without prior notice, to alter or delete any element of the Site at any time, and to take any appropriate measures in order to stop an infringement in the event of a breach of the license or in order to protect the integrity and the smooth running of the computer systems, the servers, the databases, the networks, the Site, as well as the intellectual property rights relating thereto. Any unauthorized use of one of the elements on the Site (hacking, counterfeit, illegal downloading, etc.) shall give rise to civil and/or criminal prosecution and the payment of damages to the Company.
The company may, at its sole discretion and without any liability to yourself, with and without grounds, with or without prior notice, at any time whatsoever remove your access to all or a part of the Site, and disable or delete any of your Accounts, including all and any information relating to said Account(s). The Company may at any time, at its sole discretion, edit, alter, withdraw or delete any contents which it has posted online or which you have posted on the Site, and terminate your access to the Site.
You agree that the Company may, at its sole discretion, cancel your password, your user name, your Account (all or a part thereof) or your use of the Site and withdraw and delete all Site content for any reason whatsoever, in particular, inter alia, due to a lack of use or should it believe that you have breached any provision whatsoever of the present GSC. The Company may also, at its sole discretion and at any time whatsoever, cease to provide the Site or any part thereof, with or without prior notice. You agree that any withdrawal of your access to the Site pursuant to any provision set out in the present GSC may be done without prior notice, and recognize and agree that the Company may immediately disable or empty your Account as well as any information relating thereto and/or deny any further access to said files or to the Site. Moreover, you agree that the Company shall in no way whatsoever be liable, whether to yourself or to a third party, regarding any cancellation of your access to the Site.
Alterations to the Site:
The Company reserves the right, at any time, to alter or to provisionally or permanently discontinue the Site and/or a part of the services, with or without notice, and without indemnifying the Users. You agree that the Company shall not be liable either to yourself or to any third party, regarding any alteration, suspension or termination of the Site or any part thereof. The Company is under no obligation whatsoever to update the Site.
Absence of guarantee
You access and use the Site at your own exclusive risk. The Site and the contents thereof are provided as is and according to availability. The Company expressly declines, and you specifically waive any warranties of any kind whatsoever, whether express or implied including, inter alia, any implied warranty as to the fitness for any specific purpose, of availability, of merchantable quality and non-infringement of the Site and/or of the contents thereof.
You understand and accept that the Company may in no way whatsoever be held liable for any illegal behaviour by the Users on or through the Site.
The Company does not guarantee nor does it make any declaration according to which (i) the Site and its contents shall meet your requirements or shall be accurate, not be dangerous or risk-free regarding your health, your security or that of your animal companion or your domestic pet, (ii) the Site shall be available, uninterrupted, relevant, secure or error free, (iii) the results which one may obtain by using the Site shall be accurate or reliable, (iv) any error shall be corrected.
Any document which has been downloaded or obtained by using the Site is at your discretion and risk and you shall be solely liable for any loss or damage caused to your computer system or for any loss of data which may result from the downloading of such documents.
No information, whether in writing or oral, obtained by you from the Company or through or on the Site, shall create any guarantee or other obligation which has not been expressly set out in the present GSC, and the Company denies any liability resulting from any trust placed in such elements by any User or by anyone who could be informed of part or all of its contents.
You undertake to indemnify the Company and its partners and employees and to exonerate them from any liability whatsoever for any loss, damage, claims, penalties, fines, costs and expenses, including but not limited to, any legal costs and lawyer's fees, which may result as a consequence of: (i) your use of or access to the Site, (ii) your failure to comply with any provision set out in the present GCS, (iii) any third party allegation according to which content which you uploaded to the Site or any other use of the Site by you would be in breach of any rights relating to intellectual property, personality or any law relating to the privacy of said third party or has resulted in damage or a loss to another in any way whatsoever.
Limitation of liability:
YOUR RECOGNIZE AND EXPRESSLY AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE OR LOSS RESULTING IN PARTICULAR TO A LOSS OF DATA, FINANCIAL LOSS, LOSS OF TURNOVER, LOSS OF EARNINGS, A LEAK OR THEFT OF DATA, IDENTITY THEFT, DAMAGE TO THE HEALTH , INTEGRITY OR THE LIFE OF ANOTHER, OR OTHER FORM OF LOSS OR DAMAGE FOR THE USER RESULTING FROM: (I) THE USE OF THE SITE OR THE INABILITY TO USE THE SITE, (II) THE PURCHASE OF ITEMS VIA THE SITE OR FROM THE SITE, (III) THE PURCHASE PRICE OF GOODS OR SERVICES FOR THE REPLACEMENT OF ITEMS PURCHASED OR OBTAINED VIA THE SITE OR FROM THE SITE, (IV) UNAUTHORIZED ACCESS TO YOUR DATA OR ANY ALTERATION THEREOF, (V) STATEMENTS OR BEHAVIOUR OF ANY THIRD PARTY ON THE SITE, (VI) RESULTS FROM THE SITE, FROM ALL SITES WHICH ARE LINKED THERETO AND ALL DOCUMENTS OR CONTENTS BROADCAST OR PUBLISHED ON THE LATTER, OR (VII) ANY OTHER ACT OR OMMISSION RELATING TO THE SITE.
YOU AGREE THAT, SUBJECT TO MANDATORY LEGAL PROVISIONS, ANY ACTION, COMPLAINT OR CLAIM RESULTING FROM OR RELATING TO THE USE OF THE SITE MUST BE FILED WITHIN A PERIOD OF SIX (6) MONTHS FOLLOWING THE OCCURRENCE OF SAID ACTION, COMPLAINT OR CLAIM, FAILING WHICH IT SHALL BE TIME BARRED.
Exclusions and limitations:
Certain jurisdictions prohibit the exclusion of certain warranties or the limitation or exclusion of liability for direct damage on the grounds of fraudulent intent or gross negligence. As a consequence, some of the limitations mentioned in the present conditions may not apply to you with regard to such damage. In such a case, the liability of the Company is limited to the amount which you have paid in order to acquire an item via the Site or, in the absence of any sale, to CHF 1'000.-.
Any notice for your attention shall be sent by email to the address you provided during your registration to the Site.
The present GCS constitute the entire agreement as between yourself and the Company regarding the object thereof: they supersede and cancel all and any prior agreements, arrangements and undertakings of any kind whatsoever between yourself and the Company, whether in writing or oral, regarding said object.
The fact that the Company does not enforce or fails to apply any law or provision contained in the present GCS does not constitute a waiver of said law or provision.
If a provision of the present GCS should be held to be null and/or is invalidated by a tribunal, the parties hereby agree that their intentions, as it appears from the provision in question, shall be performed in so far as it is possible to so do, and that the remaining provisions of the present GCS shall remain in force and have full effect. The sole purpose of the headings set out in the present GCS is to assist in the consultation thereof and have no legal or contractual effect. If one or other of the clauses of the present GCS is held by a judge to be illegal or inapplicable in a particular case, the remainder of the clause in question and the other clauses of the GCS shall remain fully applicable.
You may not assign or transfer any of your rights or obligations, nor may you subcontract the performance of any of your obligations under the present GCS. The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations whatsoever under the present GCS to a third party and at any time, without your consent (said consent being granted by the present GCS).
The sale agreement is governed by Swiss law, with the exception of the Federal Law on Private International Law ("LPIL") and the Vienna Conventions on the International Sale of Goods (CISG). Any dispute arising from the sale or in relation with the present general conditions of sale shall be governed by Swiss law. The Tribunals of the Republic and Canton of the Jura shall have exclusive jurisdiction. An appeal to the Swiss Federal Tribunal is reserved.