General Terms - Impressum
GENERAL TERMS OF SALE FOR DISTANCE SELLING OF VALBRAY ITEMS
The company D’Heure en Heure Sàrl (referred to hereinafter as “VALBRAY”) markets Valbray watches and accessories throughout the world.
The list of VALBRAY items proposed within the framework of distance selling can be obtained from the Website www.valbray.ch.
The use of the sales process described in these General Terms of Sale is reserved solely for consumers, in accordance with the law and jurisprudence, acting exclusively on their own behalf.
ARTICLE 1: SCOPE OF APPLICATION
These General Terms of Sale shall apply to all sales of VALBRAY items concluded through the intermediary of the retail site which is accessible from the www.valbray.ch website with a view to delivering throughout the world.
With regard to sales by electronic means (Internet),the customer hereby declares that they have acknowledged these General Terms of Sale prior to placing their order. The validation of their order shall therefore be deemed as acceptance of these General Terms of Sale without restriction or reservation.
These General Terms of Sale shall apply as featured on the www.valbray.ch website. If, after the date of their removal from the www.valbray.ch website, these General Terms of Sale nevertheless remained accessible to the public via other website or any other means, they would no longer be opposable against the company VALBRAY.
ARTICLE2 : IDENTIFICATION OF THE AUTHOR OF THE PROPOSAL
D’Heure en Heure Sàrl
a limited liability company with a capital of 33,000 Swiss Francs, entered in the Trade and Companies’ Register of the canton of Vaud (Switzerland) under number CH-550.1.057.450-0.
Head offices: ZI Moulin du Choc D, 1122 Romanel sur Morges, Switzerland VAT: CHE-114.774.321.
ARTICLE 3: INFORMATION RELATING TO THE ITEMS
The information relating to all the VALBRAY items which may be sold through the intermediary of the www.valbray.ch website is available, with references, from the websitewww.valbray.ch.
ARTICLE 4: ORDERING ITEMS
4.1 Internet orders
Orders may be placed on the Internet via the retail site which can be accessed from the www.valbray.ch website. The customer shall remain liable for telecommunication costs when accessing the Internet and using the www.valbray.ch website.
Photographs, graphics and descriptions of the products offered for sale shall be provided for information only and shall not be binding on the company VALBRAY in any way.
Customers may obtain additional information by contacting the Customer Services of VALBRAY by email using the contact form available on the www.valbray.ch website.
The liability of VALBRAY shall not be invoked in the event of obvious discrepancies between the characteristics of the items and their representation.
In order to purchase a product, the customer must complete an order form with certain compulsory fields so that their selection can be taken into account by VALBRAY.
In the event of prolonged inactivity during the connection, it is possible that the items selected prior to this inactivity may no longer be guaranteed. The customer will be asked to repeat the product selection from the beginning.
All the necessary stages involved in the sale shall be specified on the www.valbray.ch website.
The customer will have the possibility, before finally validating the order, to check the details and total price of their order and to correct any errors before confirming the order to express their acceptance. Once the customer has validated their order, VALBRAY shall acknowledge receipt of the latter immediately by email.
The sale shall only be considered to be complete following validation of the order and receipt of payment.
4.2 Refusal of orders
VALBRAY reserves the right to refuse any abnormal orders, orders placed in bad faith or orders from customers with whom a dispute exists relating to the payment of a previous order.
ARTICLE 5: PRICE OF ITEMS
The price of the items shall include all taxes.
Unless otherwise specified at the time of the placing of the order on the www.valbray.ch website, delivery costs associated with the items shall be covered by VALBRAY.
Upon delivery, the customer shall receive written confirmation for each item of the price paid with a breakdown of the price of the items and any delivery costs which they are required to cover.
ARTICLE 6: PAYMENT TERMS
The customer’s purchases shall be paid for by bank card (cards in the Visa, Eurocard/Mastercard networks shall be accepted).
When a payment is made by bank card, the customer’s bank card shall be debited upon confirmation of the order.
In this context, the customer shall confirm and guarantee to VALBRAY, when placing an order on the Internet, that they are the holder of the bank card and that the name featuring on this bank card to be debited is indeed theirs.
In the case of Internet payments, online checks shall be carried out with the competent banking establishments and organisations which shall be contacted via the system provided by the company SaferPay.
This company, which is based in Switzerland, shall automatically store and process information relating to each order, including bank card details, for this purpose in a secure environment.
Furthermore, in order to combat Internet fraud, VALBRAY shall apply a process relating to the evaluation of risks and the prevention of fraud when paying for purchases on this website for which VALBRAY shall also call upon the company SaferPay.
In the event that it is not possible, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), to debit the amounts owed by the customer, the Internet purchasing process shall be cancelled.
ARTICLE 7: DELIVERY
Items may only be delivered to the customer’s permanent address.
The customer shall also have the option to request the delivery of items to an individual of their choice, for example as a gift.
It is hereby agreed that no deliveries shall be made to hotels, professional addresses or PO boxes. Items shall be delivered after payment of the order has been recorded.
The delivery of ordered items shall normally take place within the deadlines provided by VALBRAY and, failing that, in all events at the latest within 30 days of the order subject to full payment of the price.
The delivery costs are be covered by VALBRAY.
Any deadlines indicated by VALBRAY shall be provided for information only. If, at the time of delivery, the external appearance of the parcel is not perfect, the customer shall open it in the presence of the carrier in order to check the condition of the item. If the item has been damaged, the customer shall provide precise details of the damage caused on the delivery note.
ARTICLE 8: MONEY-BACK GUARANTEE – RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
VALBRAY strives to ensure that customers who are not satisfied with the ordered items may exercise the right of withdrawal under optimum conditions.
The customer may therefore exercise the right of withdrawal without having to substantiate their decision within a period of seven (7) days following receipt of the item concerned. In order to notify his decision to withdraw, the customer must make an unambiguous declaration to firstname.lastname@example.org, stating the invoice number and the item concerned.
In order to return items which they have already received, the customer must send them back by post or via any other carrier offering to track the goods. The customer must, within seven (7) days following communication of their decision to withdraw, return the item concerned to the following address: D’Heure en Heure Sàrl, ZI Moulin du Choc D, 1122 Romanel sur Morges, Switzerland. The direct costs incurred in returning the item shall be covered by the customer. It is up to the customer to obtain proof of the return, which means that items must be returned by recorded delivery or any other means guaranteeing a definite date with the return costs and liabilities being the responsibility of the customer. Reimbursement shall be granted within fourteen (14) days of receipt by VALBRAY of the returned items.
The reimbursement of the amounts paid for the returned item/items shall be made, depending on the payment method used, by crediting the customer’s bank account corresponding to the bank card used for the payment. The additional costs paid by the customer linked to the choice of a specific delivery method shall not be reimbursed.
It should be pointed out that no reimbursements shall be made in store.
Moreover, in the case of a gift, the right of withdrawal shall apply exclusively to the customer and may not be exercised under any circumstances by the recipient of the gift.
In all events, the customer must return the delivered items complete in their original packaging (boxes, accessories, protections, labels, booklets, etc.) together with the completed return slip and a copy of the invoice. Items which are returned incomplete, damaged, broken, deteriorated, dirty or in any other condition indicating that they have been used or worn shall be neither reimbursed nor exchanged and shall be sent back to the customer.
ARTICLE 9: EXCHANGES
VALBRAY wishes to offer its customers the possibility of exchanging delivered items under the conditions described below.
The customer may exchange products remotely within thirty (30) days of the delivery date. In this case, the customer may contact the Customer Services by email at email@example.com and return the delivered items complete in their original packaging (boxes, accessories, protections, labels, booklets, etc.) together with the completed return slip and a copy of the invoice to the following address: D’Heure en Heure Sàrl, ZI Moulin du Choc D, 1122 Romanel sur Morges, Switzerland. It is up to the customer to obtain proof of the return, which means that items must be returned by recorded delivery or any other means guaranteeing a definite date with the return costs and liabilities being the responsibility of the customer.
Subsequent deliveries shall only be made following receipt by VALBRAY of the items returned by the customer.
Items which are returned incomplete, damaged, broken, deteriorated, dirty or in any other condition indicating that they have been used or worn shall not be exchangeable and shall be sent back to the customer by post in the case of a remote exchange.
In the case of an exchange of items, the initial sale shall be cancelled. The new sale shall be paid for by offsetting against the previous sale amount and any overpayment shall constitute a credit.
It should be pointed out that, in the case of a gift, an exchange may be requested by the recipient.
In the case of exchanges of items, the new sale shall be governed by these General Terms of Sale.
Within the framework of the commercial exchange policy proposed according to this article, VALBRAY reserves the right to refuse an exchange after two (2) successive requests. Moreover, any delivery costs paid by the customer shall not be reimbursed.
ARTICLE 10: COMPLIANCE – GUARANTEE – AFTER-SALES SERVICE
The customer must ensure that the items delivered correspond to their order. If the items delivered do not comply with their order, the customer should inform the Customer Services of VALBRAY by writing to firstname.lastname@example.org and return the items concerned under the terms set forth in Article 8 of these General Terms of Sale.
The guarantee to cover manufacturing faults shall apply for:
2 years for watches
1 year for accessories
The guarantee covers the parts and labour required to render the defective product compliant but does not cover transport costs relating to the goods.
ARTICLE 11: COMPLAINTS – INFORMATION
For all information, complaints or questions relating to the Terms of Sale for distance selling established by VALBRAY or relating to the items themselves, customers should contact the Customer Services of VALBRAY by email at email@example.com.
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
The “VALBRAY” trademark, all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logotypes featuring on VALBRAY items, accessories or packaging, regardless of whether they are registered, are and shall remain the exclusive property of VALBRAY. Any total or partial reproduction, modification or use of these brands, illustrations, images and logotypes for any reason whatsoever using any media whatsoever is strictly prohibited without the specific prior agreement of VALBRAY. The same shall apply to any combination or association with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, drawings, models and patents which are the property of VALBRAY.
ARTICLE 13: FORCE MAJEURE
The fulfilment by VALBRAY of all or some of its obligations shall be suspended in the case of a fortuitous or force majeure event which limits or delays fulfilment.
Such events include but are not limited to wars, riots, rebellion, social unrest, all kinds of strike and supply problems concerning VALBRAY.
VALBRAY shall inform the customer of such fortuitous or force majeure events within seven (7) days of their occurrence. If this suspension continues for more than thirty (30) days, the customer shall have the right to cancel the current order and shall be reimbursed under the conditions set forth in Article 8 of these General Terms of Sale.
ARTICLE 14: DISPUTES – APPLICABLE LAW
These General Terms of Sale are be governed by Swiss law. In the event of difficulties arising in connection with the ordering or delivery of VALBRAY items, the customer may seek an amicable solution before any legal action is taken, notably with the assistance of a consumer organisation or other advisory service of their choice or may resort to any alternative method to settle the dispute. Any disputes stemming from the interpretation or execution of these General Terms of Sale and subsequent terms shall be submitted to the competence of the Swiss courts.