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Terms and conditions of sale

TERMS AND CONDITIONS OF SALE OF THE ONLINE SHOP AND THE CUSTOMER RELATIONS SERVICE OF FAIRWAY-WATCHES

PRELIMINARY ARTICLE

ARTICLE 1 : SCOPE OF APPLICATION

ARTICLE 2 : DETAILS OF THE OFFEROR

ARTICLE 3 : INFORMATION RELATING TO THE ARTICLES AND LIMITATION OF LIABILITY

ARTICLE 4 : CONDITIONS FOR ORDERING THE ARTICLES

ARTICLE 5 : ORDERING BY INTERNET ON THE WEBSITE

ARTICLE 6 : PROOF OF THE ORDER

ARTICLE 7 : PRICE OF THE ARTICLES, TAXES AND DELIVERY COSTS

ARTICLE 8 : PAYMENT CONDITIONS

ARTICLE 9 : DELIVERY

ARTICLE 10 : INVOICES

ARTICLE 11 : RIGHT OF CANCELLATION AND RETURN OF ARTICLES

ARTICLE 12 : PROCEDURE FOR RETURNING ARTICLES

ARTICLE 13 : COMPLIANCE

ARTICLE 14 : MANUFACTURER WARRANTY

ARTICLE 15 : RETENTION OF TITLE

ARTICLE 16 : CONFIDENTIALITY

ARTICLE 17 : FORCE MAJEURE

ARTICLE 18 : INTELLECTUAL PROPERTY RIGHTS

ARTICLE 19 : NO WAIVER CLAUSE

ARTICLE 20 : DISPUTES – APPLICABLE LAW

PRELIMINARY ARTICLE

The brand Fairway-Watches, managed by the company limited by shares « Fairway-Watches Geneva SA » whose head office is located Boulevard Carl Vogt 33 – 1205 Geneva – Switzerland – Tel +41 22 566 32 05, registered in the Register of Commerce and Companies under the number CH- 660.3.784.019-8 (hereinafter referred to as the Company) the marketing in switzerland and abroad of watchmaking product and golf accessories of the brand Fairway-Watches (hereinafter the Articles).

These General Terms and Conditions of Sale apply exclusively to sales made via the website.

 

ARTICLE 1 : SCOPE OF APPLICATION

These general conditions of sale are applicable to all sales of articles concluded remotely via the Website for international delivery and from partners chosen by the founder to resell watches from the brand Fairway-Watches.

Thus, the present general conditions of sale apply :

– to orders placed by customers, major natural persons, acting as a consumer within the meaning of the law and case law.

The delivery address may be different from the billing address, but both addresses must be in the same country.

The validation of the order by the customer implies acceptance without restriction or reservation of these general conditions of sale. These are subject to change and update, the conditions applicable to the order of an article by a customer are those in force on the day of the order.

Orders placed outside this scope will be void and not processed by the Company.
See the “Payments and Shipping” section for more details.

 

ARTICLE 2 : DETAILS OF THE OFFEROR

Fairway-Watches Geneva SA, Company limited by shares of Swiss law, registered in the Register of Commerce and Companies under number CH-660.3.784.019-8, whose registered office Is :

Boulevard Carl Vogt 33 – 1205 Geneva – Switzerland

Téléphone : +41 22 566 32 05

Adresse E-Mail : Info@fairway-watches.ch

N° TVA : CHE-238.931.936 TVA

 

ARTICLE 3 : INFORMATION RELATING TO THE ARTICLES AND LIMITATION OF LIABILITY

The information (name, definition, reproduction of Articles, detailed description: properties, characteristics and composition, etc.) relating to all items offered for sale are available (in accordance with the applicable legal and regulatory requirements) on the Website or delivered by the Customer Relations Department.

While providing the utmost care and accuracy in the posting of information, the descriptions of the Articles and the data available on the Website or provided by the Customer Relations Department, as well as their regular updating, the Company can not be held responsible for non-substantial errors that may occur.

Similarly, although the photographs and other reproductions of the Articles faithfully represent them on the Website – within the limits of technology and in accordance with the highest standards of the Internet – these are however only indicative and have no contractual value. In any case, in case of non-compliance of the delivered Article with respect to its description, the Company undertakes to comply with the conditions of article 13 below.

 

ARTICLE 4 : CONDITIONS FOR ORDERING THE ARTICLES

To place an order on the Website, the customer must be of legal age, have the legal capacity and hold a credit card as defined in Article 8 below.

In order to place an order, the customer must on the Website complete a form with certain fields that are mandatory for the consideration of his order.

In particular, the customer must provide his full name, his e-mail address, his billing and delivery address and his telephone number.

The customer is informed and agrees that the seizure of this information is proof of his identity and his commitment.

An order confirmation email will be sent to the customer at the e-mail address indicated by him.

The company reserves the right to modify the information required to place an order online. In this case, the customer will be informed via the website or by e-mail.

Orders will be received in French and English and will be accepted subject to availability.

If, in spite of the vigilance of the Company, the ordered items are no longer available, the Company will inform the customer by any means (email) as soon as possible and refund the price possibly charged by credit to the bank account. customer.

The Company can not be held responsible in case of out of stock or unavailability of items.

The customer agrees that all information communicated to the Company on the Website, as part of the order, is consistent with these terms and conditions, complete, accurate and up-to-date. Otherwise, the Company reserves the right to cancel the order and the payment.

The Company will also be entitled to refuse any order

– made by a customer with whom there is a dispute over the payment of a previous order; or
– not in accordance with these general conditions of sale.

– intrinsically flawed due to a computer bug, or any other reason beyond its control, which would distort any information relating to the products (description, price, designation …).

– whose delivery address is in the following countries: Argentina, Belarus, Cuba, Iran, Iraq, Libya, Lebanon, Myanmar, Burma, North Korea, Russia, Somalia, Sudan, Syria and Yemen.

If the Company finds that the order does not comply with these general conditions of sale (for example: wrong delivery address, exceeding the order thresholds), it will inform the customer within six (6) days by email.

In the absence of the customer to proceed with the Company to the correction of the erroneous elements or contrary to the present general conditions of sale appearing in his order, the Company reserves the right to cancel purely and simply the order as well as the payment.

 

ARTICLE 5 : ORDERING BY INTERNET ON THE WEBSITE

The taking of order on the Website is subject to strict compliance with the procedures described below also made concrete by a succession of different screens on which are indicated the successive phases that the customer must imperatively respect to validate his order.

Upon receipt of the order, the online store carries out the necessary checks to take it into account (conformity of the order, contact details, etc.). The online store may have to ask for supporting documents to the customer especially with regard to the amount of the order.

The online store reserves the right to refuse to provide the expected product if the customer does not fulfill the conditions to benefit from it.

 

5.1 FIRST STEP : SELECTION OF ARTICLES BY CUSTOMER

On the Website, the customer selects, enters and validates the identification and quantity of the items he wishes to order (whose availability is to be confirmed by the Company); said Articles are added to his “Basket”.

 

5.2 SECOND STEP: CHECKING THE SELECTED ITEMS

Before confirming his order and confirming his acceptance of this order, the customer has the opportunity to check the details of his order and its total price and freely modify his order, including removing one (or more) Article (s) initially selected, by adding one (or more) Item (s) or by changing the quantities ordered within the “Basket”.

Within the “Basket”, the price of items, as defined in Article 7 below, is automatically displayed.

 

5.3 STEP THREE : IDENTIFICATION, CONFIRMATION OF SELECTED ITEMS AND REGISTRATION OF ORDER

Once the customer has finished his selection and wishes to validate the composition of his “Basket”, he must identify himself :

The customer must also validate:
i) the delivery address of the order.
ii) the payment method chosen is payment by credit card (Visa, Mastercard, Maestro, American Express) or invoice (bank transfer).

The customer must indicate the type of credit card that he intends to use for payment and provide his number, its expiry date and the visual cryptogram on the back of it according to the conditions of article 8 below. . The customer then clicks on the “VALIDATE” button in order to debit his bank account. The authorization to debit his bank account issued by the customer’s bank is displayed. It is recommended that the customer record and / or print the said debit authorization in paper form.

When authorized by the bank to debit the customer’s bank account, his “Basket” is sent directly to the Company’s order picking service.

 

ARTICLE 6 : PROOF OF THE ORDER

In general, it is provided express agreement between the Company and the customer that e-mails are valid between the parties as well as the automatic registration systems used by the Customer Relations Department or on the Website, particularly as regards the nature and date of the order.

 

ARTICLE 7 : PRICE OF THE ARTICLES, TAXES AND DELIVERY COSTS

The prices of the articles posted on the Internet site are indicated in CHF (Swiss Francs), USD (Dollars), EUR (Euros) and GBP (Pounds). Price are understood all taxes excluded (excl. tax). These prices are excluding taxes (HT) for export (excluding Switzerland). Non-Swiss customers must pay any customs fees and taxes applicable to their region. Expenses of delivery are offered. The prices invoiced are those in effect on the date of the validation of the order. The applicable currency is that indicated on the site.

For any purchase on the site, the transport costs related to the delivery of the items ordered on the Website are borne by the Company and will not be charged to customers.

The Company reserves the right to change the prices of the items as well as the delivery costs without notice.

 

ARTICLE 8 : PAYMENT CONDITIONS

Payment of the customer’s purchases is made by credit card and invoice (bank transfer). Accepted credit cards are: Visa, Mastercard, AmericanExpress, Maestro.

In this context, the customer agrees to proceed to payment via a credit card which he personally holds and mentioning his identity (first and last name).

When paying online on the Website, the customer accesses a secure server.

On the Website, by communicating his credit card number, the expiry date of his card and the numbers of the visual cryptogram on the back of his card, the customer accepts in advance and without condition that the Company proceeds to the secure transaction. . For online orders, a unique security code type 3D Secure (Visa and Mastercard) may be requested from the customer to authenticate the transaction and fight against fraud. The customer therefore authorizes in advance his bank to debit his account at the sight of records or statements transmitted by the Company, even in the absence of signed invoices from the hand of the cardholder.

Authorization to debit the customer’s account is always given for the amount of the item (s) purchased with shipping costs, if any, as invoiced by the Company.

 

ARTICLE 9 : DELIVERY

The products purchased on the Website are deliverable in countries around the world except Argentina, Belarus, Cuba, Iran, Iraq, Libya, Lebanon, Myanmar, Burma, North Korea, Russia, Somalia, Sudan, Syria and Yemen.

Shipping costs are the responsibility of the Company for all purchases on the site.
Items will be shipped to the delivery address specified during the order process.

The customer agrees to have communicated, during the validation of his order, the exact address to which he wishes to receive his package, it being understood that said address must meet the criteria mentioned in this article 9. The delivery will be made against signature of the client, or of the third major beneficiary designated by it. The customer or the third party beneficiary will have to make sure to be present at the communicated delivery schedules, on the understanding that no delivery will be done in mailbox. In case of absence, a notice will be left to the attention of the customer, who can wait for the second delivery made the next business day, or contact the carrier directly to plan a delivery at a later date.

The delivery of the Items will occur after the payment of the amount of the order, in particular after the debit of the bank account of the customer and the credit of the funds corresponding to the amount of the order on the account of the Company.

The delivery of the ordered items can take a few weeks, about 4, for the different collections of Fairway-Watches because the watches are produced and finished to order.

Once the package has been shipped, the customer will receive an e-mail confirmation of shipment containing a tracking link to track the routing of the latter.

The Company will take the necessary measures, within the limits of its means and except in cases of force majeure to ensure delivery by the carrier within the estimated time of the order.

If during delivery, the package, in its external appearance, appears damaged, the customer may refuse delivery and notify reserves with the carrier, and will inform the Company including by email addressed to info@fairway-watches.ch

Each package delivered by Fairway-Watches contains:
– the item (s) ordered
– the corresponding accessories, if applicable
– the warranty card, the invoice
– a thank you card and the delivery note

Orders are insured by the Company during transit, until delivery. The parcel is delivered against signature. This is where the transfer of responsibility between the Client and the Company occurs.

 

ARTICLE 10: INVOICES

A delivery slip listing the items ordered as well as the address of delivery and billing of the recipient is sent to the customer at the same time as his order.

 

ARTICLE 11 : RIGHT OF CANCELLATION AND RETURN OF ARTICLES

Only items eligible for warranty can be returned for exchange. Items must be returned intact and complete in their original packaging (with labels with their references), accompanied by the delivery note, within 5 days after receipt of your package.

It will be up to the customer to keep any proof of this return, which assumes that the items are returned by registered mail, or by any other means giving a certain date, the return costs remaining in any case at the customer’s expense.

Return costs will only be reimbursed in the event of non-compliance when the Company sends the articles.

The refund of the invoiced price of the returned Items will be made, by credit on the bank account of the customer according to the bank details communicated to the Company at the time of the placing of the order on the Website, at the latest in the thirty days following the reception by the Company, Items returned.

Items returned incomplete, damaged, damaged or soiled by the customer will not be refunded in full or can not be exchanged for an article of the same value. The cost of refurbishing or replacing the item will be deducted from the amount to be refunded to the customer.

The customer will be responsible for any damage to the items, if the deterioration of the returned item is caused by use beyond the qualitative inspection and verification of the good condition of the article.

Exchanges are not accepted.

 

ARTICLE 12 : PROCEDURE FOR RETURNING ARTICLES

Items ordered from www.fairway-watches.ch must be returned to the following address :

Fairway-Watches Geneva SA
Boulevard Carl Vogt 33
1205 Geneva
SWITZERLAND

Only items ordered on the Fairway-Watches online store can be returned to this address.

Here are the steps to follow to return an article :

  1. Contact and inform the Company by email to info@fairway-watches.ch
  2. Attach the item to be returned, along with all accessories and other documents provided. Place these items in the original shipping box.
  3. Close the parcel and proceed to the franking adapted to the weight of the package and the desired follow-up. We recommend using a delivery method that can be traced.
  4. Keep proof of shipping the package. Under no circumstances can the Company be held responsible in the event that the customer is unable to produce this proof of shipment.
  5. Upon receipt of the package, the items returned by the customer will be inspected by the After Sales Service. This will make it possible to evaluate the state, to determine the level of reimbursement that will benefit the customer, as well as the possibility of an exchange for an item of identical value.
  6. The Company will refund or exchange only the items actually received.

 

CONDITIONS OF RETURN OF AN ARTICLE :

– Any item returned must be new (unworn or damaged) and in perfect condition.

– Any box or packaging signed by Fairway-Watches must be returned by the customer together with the items, as well as the attached accessories and documents if applicable (notices, warranty cards, etc.).

– All protection and labeling devices must also be returned.

– In case of non-compliance with these recommendations, the Company reserves the right to withhold the amount corresponding to the replacement of the latter, or to refuse the return or exchange and return the item (s) to the customer.

 

ARTICLE 13 : COMPLIANCE

The customer must ensure that the items delivered to him correspond to his order.

In the event that the items delivered are not in accordance with his order, the customer must inform the Company as soon as possible by email addressed info@fairway-watches.ch justifying the non-compliance of the Article to the order and , after agreement of the Company, return the Articles in question in their original packaging, in perfect condition, complete (accessories, instructions, guarantee …) and accompanied by a copy of the invoice (or the delivery note) and the Return / Exchange Form at the address indicated on this form.

The return of the article must be made by registered mail, or by any other means giving a certain date and can be traced, the cost of return being -if the non-conformity of the article found by the customer is proven- to the charge of the Company. These will be refunded to the customer upon presentation of proof.

In the absence of possible exchange of the returned Item, the refund of the invoiced price of the non-compliant Items returned will be done, by credit on the customer’s bank account, at the latest in the thirty days following the reception, by the Company, Returned items.

 

ARTICLE 14 : MANUFACTURER WARRANTY

The Company is very vigilant about the quality of the items sold on the online store www.fairway-watches.ch,  both in technical and aesthetic terms.

Fairway watches purchased through the online store are covered by the International Warranty Fairway-Watches.

The Company requests customers wishing to repair a Fairway watch under warranty purchased on the online store to contact the Fairway-Watches After Sales Service only: info@fairway-watches.ch

 

ARTICLE 15 : RETENTION OF TITLE

THE COMPANY RETAINS THE PROPERTY OF THE ITEMS ORDERED AND BOOKED UNTIL THE FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND IN INTEREST, THAT IS TO SAY UNTIL COMPLETE AND EFFECTIVE COLLECTION OF THE PRICE BY THE COMPANY.

IN THE EVENT OF COMPLETE OR PARTIAL NON-PAYMENT, THE COMPANY MAY BE UNINTEROUGHLY REPRESENTATIVE OF THE ITEM (S) THAT SHOULD BE PURCHASED BY THE COMPANY TO THE CUSTOMER.

CUSTOMER ASSUMES HAZARDS REGARDING ITEMS (including loss, theft or damage) DELIVERED WITH EFFECTIVE DATE OF DELIVERY.

 

ARTICLE 16 : CONFIDENTIALITY

In the context of sales made through the Website, the Company is required to process the personal data of its customers. The data collected is necessary to process the order and may be communicated to the providers of the Company involved in the execution of the order.

 

ARTICLE 17 : FORCE MAJEURE

The Company’s fulfilment of its obligations may be fully or partially suspended should unforeseeable circumstances or a force majeure event occur, which prevent or delay fulfilment.   The following is a non-exhaustive list of such events : war, riot, insurrection, social unrest, disruptions to telecommunications, computer breakdowns or serious impact on the security and integrity of the Internet, or strikes of any nature.  The Company will inform the customer of any such unforeseeable circumstances or force majeure events within seven days of their occurrence. Should this suspension of the Company’s fulfilment of its obligations continue beyond a period of fifteen days, the customer will then have the option to cancel the order in progress, and will then be refunded by the Company at the earliest opportunity by crediting the customer’s bank account.

 

ARTICLE 18 : INTELLECTUAL PROPERTY RIGHTS

The Website is the exclusive property of the Company, which has created and posted the web pages, images and source scripts, and data of which it is formed. The customer is therefore prohibited from circulating or reproducing the Website, fully or partially, in any form whatsoever.  The Company’s Articles, and all of the trademarks, figurative or otherwise, and, more generally, all the other trademarks, illustrations, images, designs and models and logotypes that appear on the Company’s Articles sold remotely, their accessories or their packaging, whether or not these are registered, are and shall remain the exclusive property of the Company. Any full or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logotypes, designs and models for any purposes and in any format whatsoever, without express prior agreement from the Company in writing, is strictly prohibited. This also applies to any combination or conjunction with any other trademark, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. Legal action will be taken against any act of counterfeiting or any complicity with such acts.   Similarly, the following are also strictly prohibited, unless express prior agreement is granted by the Company in writing: – the creation of hypertext links to any of the pages or any of the elements which form the Website; – all use of any of the elements of the Website (articles posted, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sales or for any other purposes which are directly or indirectly commercial.

 

ARTICLE 19 : NO WAIVER CLAUSE

The fact that the Company refrains, at a given time, from insisting that any one of the provisions of these general terms and conditions of sale is executed cannot be interpreted as waiving the right to subsequently insist that the aforementioned provision is executed in full or in part.
In the situation where one of the articles or clauses of these general terms and conditions of sale is deemed to be invalid or inapplicable by a court, this invalidity or inapplicability shall be limited to the article or clause in question, and shall not entail the invalidity or inapplicability of the other articles or clauses in these general terms and conditions of sale.

 

ARTICLE 20 : DISPUTES – APPLICABLE LAW

The general conditions of sale are subject to Swiss law. Any dispute related to these conditions of sale and delivery will be settled by the ordinary courts of the Canton of Geneva.

 

Last updated: 20/06/2020