Terms and conditions of sale
for the sale of online products to private customers
The present terms and conditions of sale (TCS) govern the relationship between the company LAURENT FERRIER SA located Route de Saint Julien 150, 1228 Plan-les-Ouates, Switzerland, and registered under Swiss federal trade registry number CHE-114.807.096 (hereafter referred to as the Company) and its Clients/Prospects.
To be valid, the agreements that deviate from them must be in written form.
These terms and conditions of sale apply to all sales made on the website www.laurentferrier.ch.
The website is a service of online service that sales timepieces of fine watchmaking designed, realized, assembled and regulated in Switzerland.
- Description see above
- Site URL: https://laurentferrier.ch
- Customer contact email: firstname.lastname@example.org
- Phone number: 0041 22 716 33 88
The website sells the following products: timepieces of fine watchmaking designed, realized, assembled and regulated in Switzerland.
The customer hereby states that he became aware of and had accepted the terms and conditions of sale prior to the ordering. The validation of the order is therefore an acknowledgement of the terms and conditions of sale.
Article 1 – Principles
These terms and conditions express the full obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These terms and conditions of sale apply to the exclusion of all other conditions, including those applicable for sales through other distribution and marketing channels.
They are available on the website and will prevail, if necessary, over any other version or other contradictory document.
The seller and buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to change his terms and conditions at any time. They will be applicable as soon as they are posted online.
If a condition of sale were to fail, it would be considered to be governed by the practices in force in the distance selling sector, whose companies are headquartered in Switzerland.
Article 2 – Pre-contract information
The buyer acknowledges that he has been communicated, prior to the handing over of his order and the conclusion of the contract, in a readable and understandable manner, the present terms and conditions of sale and all the information listed in the Civil Code and the Code of Swiss Obligations.
The following information is clearly and understandably communicated to the buyer:
– the essential characteristics of the item purchased;
– the price of the item and/or how the price is calculated;
– if applicable, all additional transport, delivery or postage costs and any other possible costs payable;
– in the absence of immediate execution of the contract, the date or time at which the seller undertakes to deliver the item purchased, regardless of its price;
– information relating to the identity of the seller, his postal, telephone and electronic contact information, and his activities, information relating to legal guarantees, the functionality of digital content and, if necessary, its interoperability, the existence and the modalities of implementation of guarantees and other contractual conditions.
Article 3 – The order
The buyer has the opportunity to place his order online, from the online catalogue and through the form on it, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or item ordered.
In order for the order to be validated, the buyer will have to accept, by clicking on the indicated location, these terms and conditions. She or he will also have to choose the address and the method of delivery, and finally validate the payment method.
The sale will be considered final:
– after sending to the buyer a confirmation of the seller’s acceptance by email;
– and after the seller collects the entire price.
Any order implies the acceptance of the prices and description of the products available for sale.
Any dispute on this point will arise in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as default, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any questions about the follow-up of an order, the buyer can call the following telephone number: +41 22 716 33 88 (cost of a local call), on the following days and times: Monday to Friday from 8am to 5pm (Swiss time), or send an email to the seller at the following email address: email@example.com
Article 4 – Proof of the transaction
Computerized records, stored in the seller’s computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 5 – Product Information
The products governed by these terms and conditions are those listed on the seller’s website and are listed as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy.
Article 6 – Price
The seller reserves the right to change its prices at any time but agrees to apply the prevailing rates indicated at the time of the order, subject to availability on that date.
Prices are shown in CHF. They do not take into account the delivery fees, charged in addition, and indicated before the order is validated.
Prices take into account the VAT applicable in the countries of residence of the affected buyers on the day of the order and any change in the applicable VAT rate in the countries of residence of the affected buyers will be automatically passed on to the price of the products of the online shop.
If one or more taxes or contributions, including environmental contributions, were to be created or modified, either as an increase or as a decrease, this change could be passed on to the selling price of the products.
Article 7 – Payment method
This is an order with payment obligation, which means that the ordering involves a payment from the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller’s website. The buyer assures the seller that he has the necessary permissions to use the payment method chosen by him, when validating the purchase order. The seller reserves the right to suspend all order management and delivery in case of refusal of authorization to pay by credit card by officially accredited agencies or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid a previous order in full or partially or with whom a payment dispute is being administered.
Article 8 – Product Availability – Refund – Resolution
Except in case of force majeure or during the closing periods of the online store that will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those shown below. Shipping times run from the date the order is registered on the order confirmation mail.
For deliveries to Switzerland, the seller agrees to send the purchased product within 40 days from the day after the buyer places the order.
For deliveries to another country, delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed date or delivery time is not met, the buyer must, before breaking the contract, order the seller to execute the contract within a reasonable additional period of time.
If the new deadline is not completed, the buyer will be free to break the contract.
The buyer will have to complete these successive formalities by registered mail with recipient’s acknowledgement or by writing on another sustainable medium.
The contract will be considered resolved upon receipt by the seller of the letter or the relevant communication medium informing him of this resolution unless the seller has performed in the meantime.
However, the buyer will be able to resolve the contract immediately, if the dates or deadlines seen above are an essential condition of the contract for him.
In this case, when the contract is resolved, the seller is required to reimburse the buyer for all the sums paid, no later than 14 days after the date on which the contract was denounced.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 9 – Delivery terms
Delivery refers to the transfer to the consumer of physical possession or control of the product purchased. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer will have to ensure its accuracy. Any parcels returned to the seller due to an incorrect or incomplete delivery address will be through re-shipment at the buyer’s expense.
The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because open or damaged).
The buyer must indicate on the delivery voucher and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery voucher, damaged parcel, broken products …).
This verification is considered to be carried out as long as the buyer, or a person authorized by him, has signed the delivery order.
The buyer will then have to confirm by registered mail these reservations to the carrier no later than two business days after receiving the item or items and send a copy of that mail by fax or simple mail to the seller at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be requested back from the seller within 14 days of delivery. Any claim made outside this time limit will not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions…).
Article 10 – Delivery errors
The buyer must make any claim of delivery error and/or non-compliance of the products in kind or in quality to the seller on the day of delivery or no later than the first working day following delivery. Any claim made beyond this time will be rejected.
Any claim not made in the rules set out above and within the time limit will not be taken into account and will relieve the seller of any liability to the buyer.
Upon receipt of the claim, the seller will assign an exchange number of the affected product or products and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been attributed.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in his original packaging through a special carrier such as Fedex, UPS, Ferrari, at the following address:
LAURENT FERRIER SA.
Route de Saint-Julien 150
The return costs are the responsibility of the buyer.
Article 11- Product Guarantee
11-1 Legal Compliance Guarantee
The seller is guarantor of the compliance of the product sold in the contract, allowing the buyer to make an application under the legal guarantee of compliance provided in the Code of Obligations.
If the legal guarantee of compliance is implemented, it is recalled that:
– the buyer has a period of 2 (two) years from the date of the product’s sale to act;
– the buyer can choose between the repair (subject to the cost conditions) or the exchange. However, if the product cannot be replaced by a similar item, the purchaser may then request a refund or a price reduction. On the other hand, if the seller offers an immediate exchange by a strictly similar object, the buyer is obliged to accept it.
– the buyer does not have to provide proof of non-compliance of the product during the above mentioned 24 months in case of new products (6 months in case of second-hand goods), following the sale of the product.
11-2 Legal Guarantee of Hidden Defects
In accordance with the Civil Code, the seller is guarantor of hidden defects that may affect the property sold. It will be up to the purchaser to prove that the defects existed in the sale of the product and are likely to render the product unsuitable for the purpose for which it is intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction in the price according to the Code Civil.
Article 12 – Right of withdrawal
Application of the right of withdrawal
In accordance with the legal provisions, the buyer has 14 days from the date of delivery of his order, to return any items that do not suit him and request the exchange or refund without penalty, except for the shipping and return costs that remain at the buyer’s expense.
Returns are to be made in their original and complete state (packaging, accessories, notice …) allowing their re-marketing in the new state, accompanied by the purchase bill.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the retraction form available on this website. In this case, an acknowledgement on a durable medium will be immediately communicated to the buyer. Any other form of retraction is accepted. It must be unambiguous and express the will to retract.
In the event of the exercise of the right of withdrawal within the aforementioned time, the price of the purchased product or products are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days of receiving, by the seller, the products returned by the buyer.
Article 13 – Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered to be causes of exemption from the parties’ obligations and result in their suspension.
The party who invokes the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Any irresistible facts or circumstances, outside the parties, unpredictable, inevitable, beyond the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts, will be considered as a case of force majeure. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of Swiss courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks outside customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the aggrieved party.
Article 14 – Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any full or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.
Article 15 – Computers and Freedoms
The personal data provided by the buyer is necessary to process the order and to draw up the invoices.
They can be communicated to the seller’s partners responsible for the execution, processing, management and payment of the orders, after the buyer’s consent is collected.
The buyer has a permanent right of access, modification, correction, opposition and deletion of information about her/him by contacting the Seller directly by email or phone.
Article 16 – Partial non-validation
If one or more stipulations of these terms and conditions are held invalid or declared invalid under a law, regulation or as a result of a final decision of a competent court, the other stipulations will retain their full strength and scope.
Article 17 – Non-renouncement
The failure of one party to avail itself of a breach by the other party of any of the obligations covered in these terms and conditions cannot be construed in the future as a waiver of the obligation at issue.
Article 18 – Title
In the event of difficulty in interpreting any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 19 – Language of the contract
These terms and conditions of sale are written in English. In the event that they are translated into one or more foreign languages, only the English text would be considered authentic in the event of a dispute.
Article 20 – Mediation and dispute resolution
In the event of a dispute or a claim, the buyer will first turn to the seller for an amicable solution.
The purchaser may resort to conventional mediation to existing sectoral mediation bodies, or to any alternative method of dispute resolution (e.g. conciliation) in the event of a challenge. The mediator’s names contact details and email address are available below:
Swiss Chambers’ Arbitration Institution (SCAI)
Boulevard du Théâtre 4, case postale 5039, 1211 Genève 11
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a platform for Online Regulation of Litigation, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 21 – Applicable Law
These terms and conditions are subject to the application of Swiss law, excluding the rules of conflict.
The applicable legal jurisdiction is that of the location of the Company at Route de Saint Julien 150, 1228 Plan-les-Ouates, Switzerland.
PERSONAL DATA CONFIDENTIALITY AND COOKIES POLICY CHARTER
Customer/Prospect data is generally collected directly from the latter as follows:
– via their purchases and/or actions made on the website (e.g. creation of a “Customer/Prospect account”, subscription to a newsletter, order of a product, acceptance of CGV…);
– through communications with customer service.
The personal data that can be collected on the website are:
– name, first name, postal address, email address, phone number, age, contact information.
– as part of the payment of the products and services offered on the website, the Buyer records financial data relating to the bank account or credit card;
– communication: when the website is used to communicate with other members, data about the user’s communications are temporarily retained;
Purpose of the use of personal data
The purpose of personal data collected from users is make the website’s services available, improve them and maintain a secure environment. Specifically, the uses are:
– user access and use of the website
– managing the operation and optimizing the website;
– verification, identification and authentication of data transmitted by the user;
– proposal to the user of the possibility to communicate with other users of the website;
– implementing user support;
– personalizing services by displaying ads based on the user’s browsing history, depending on their preferences;
– prevention and detection of fraud, malware (malicious software or malware) and security incident management;
– managing any disputes with users;
– sending commercial and advertising information (newsletters), according to the user’s preferences and after collecting the user’s express consent.
Sharing personal data with third parties
Personal data can be shared with third-party companies, in the following cases:
– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
– when the user publishes, in the free comment areas of the website, information accessible to the public;
– when the user allows a third party’s website to access their data;
– when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use it in accordance with the applicable regulations on personal data protection;
– if required by law, the website may transmit data to respond to complaints against the website and comply with administrative and judicial procedures;
– if the website is involved in a merger, acquisition, disposal of assets or legal redress procedure, it may be required to divest or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data was transferred to a third party.
Security and privacy
The website implements digital security organizational, technical, software and physical measures to protect personal data from unauthorized tampering, destruction and access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
In the event of the outsourcing of part or all of a data processing, the Company undertakes to contractually impose security guarantees on its subcontractors through technical measures to protect this data and the appropriate human means.
Users’ rights and implementation
Under the present regulations for personal data, users have the following rights, which they can exercise at the address mentioned below:
- Right of access: they can exercise their right of access, to know the personal data collected and stored about them. In this case, prior to the exercise of this right, the website may request proof of the user’s identity in order to verify its accuracy.
- The right to correct: if the personal data held by the website is inaccurate, they may request an update of the information.
- The right to delete data: users can request the removal of their personal data, in accordance with applicable data protection laws.
- the right to limit processing: users may ask the website to limit the processing of personal data.
- the right to object to data processing: users may object to their data being processed.
- the right to portability: they can request that the website give them the personal data provided to them and pass it on to a new website.
To exercise their rights, Customers/Prospects must contact the Company’s services from which their data is collected in one of the following ways:
(i) by writing to the following email address: firstname.lastname@example.org
(ii) by writing to LAURENT FERRIER SA, Route de Saint Julien 150,1228 Plan-Les-Ouates, Switzerland
In accordance with personal data protection legislation, Clients/Prospects are informed that this is an individual right that can only be exercised by the person concerned in relation to his or her own information. Also, for security reasons, the Relevant Services of the Company therefore reserve, if in doubt about the identity of the applicant, its right to request the applicant’s up-to-date identity card, in order to avoid any disclosure of confidential information concerning anyone other than the Client/Prospect.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its website.
The website will also notify users of the change by email, within a minimum of 15 days before the effective date. If the concerned users do not agree with the terms of the new drafting of the personal data protection clause, he has the option to delete his account.
The table below shows the recommended data holding periods of the Data Society for the purposes of personal data treatments.
|Treatments are the first||Preservation times|
|Data on the history of purchases and services, recoveries, claims and service management link||10 years|
|Data on the use of the “Customer/Prospect Account”||Duration of contract exercise and legal term of limitation if applicable|
|Commercial prospecting data||3 years from the end of the business relationship|
|“Cookies”||13 months from deposit on the Customer/Prospect terminal from the last use of the website or mobile app|
|Website login and usage data||1 year|
At the end of these delays, the Data will either be deleted or anonymized for studies and/or statistics.
The Data is also retained in case of pre-litigation and litigation for the duration of the litigation processing.
It is also stated that the deletion or anonymization of the Data are irreversible operations and that the Company will no longer able to restore them afterwards.
Cookies and other tracers
A “tracer,” of which the “cookie” is best known, is data used by a server to send status information to the Client/Prospect browser and used by that browser to return status information to the original server.
A “cookie” is therefore a limited file, usually consisting of letters and numbers, sent by the internet server to the browser cookie file located on the customer/Prospect terminal hard drive
By visiting the website, a cookie can be assigned and stored on the Customer/Prospect terminal. The Buyer uses different types of cookies to improve interactivity, including:
(i) Cookies that do not require prior consent from the Customer/Prospect
Some cookies can be deposited or read without the prior consent of the Customer/Prospect. Their purpose is to facilitate navigation on the website, including by memorizing the customer/Prospect’s browsing preferences defined during the session, providing the services that the Customer/Prospect specifically requests.
– “Technical Cookies” allowing the Customer/Prospect to browse the website and the latter to function optimally,
– “Identification and Authentication Cookies” to identify the Customer/Prospect during his visit, in order to improve his browsing on the website and to personalize his online experience, For such cookies, the Customer/Prospect cannot disable them from the website, but can do so from the settings of his internet browser (see below “Customer/Prospect browser settings”);
(ii) Cookies requiring prior consent from the Customer/Prospect
The website uses:
– “statistical cookies” including:
– navigation analysis to collect general data on customer/Prospect access conditions in order to obtain aggregate information for statistical purposes. These cookies improve the quality of his visit to the website,
– audience measurement cookies to tailor the website to Customer/Prospects requests.
– “advertising cookies” to track the Customer/Prospect’s visit and receive information about their research activities on the website. These cookies allow for the implementation of an advertising tailored to the needs of the Customer/Prospect and targeted for the products,
– “interactivity cookies” to improve the interactivity of the website. The seller uses third-party cookies directly deposited on their websites and mobile applications through their services (including Twitter, Facebook, YouTube, Dailymotion),
– specific cookies necessary for the e-booking service offered by the seller.
This type of cookies requires the prior consent of the Customer/Prospect.
(iii) Customer/Prospect browser setting
With the exception of technical and authentication cookies, the Customer/Prospect can delete them or activate the rejection of cookies on their browser. Because each browser is different, the Customer/Prospect can check in their browser’s “help” menu how to change cookie preferences.
The behavior of the website remains the same and all features remain accessible even if the Customer/Prospect would refuse to put cookies on his terminal.
The seller does not sell or cede this information to third parties. However, for third-party cookies (advertising, social networks), this information is addressed directly to them, as the Seller does not have access to it. This information is not used for any purpose other than those mentioned above.
(to be completed by the consumer, and to be send by registered mail with recipient’s acknowledgement, within 14 days after the contract is concluded)
To the attention of:
I hereby notify you of my retraction from the contract for the following products……………., ordered on the following date: ………
Consumer’s first and last name: …………..
Consumer address: ……………..