TERMS & CONDITIONS
1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNER
1.1. For the business relationship between DOWNTOWN SWISS GmbH, Schoffelgasse 7, 8001 Zurich, Switzerland, (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) for transactions in Online Store Switzerland (https://www.downtownzurich.net/shop) (hereinafter referred to as “Online Store”), the following General Terms and Conditions apply in their version valid at the time of the respective order.
1.2. The Customer can retrieve, save and/or view the General Terms and Conditions on his computer when ordering via links in the Online Store. It is the responsibility of the Customer and is recommended by the Seller to print out the General Terms and Conditions (for example as a screen print or after highlighting the website text).
1.3. The Online Store offer is intended exclusively for adult consumers who have their usual residence in Switzerland and can specify a delivery address in Switzerland, UK & EU. A consumer within the meaning of this provision is any natural person who concludes a contract for a purpose that is intended for their private and/or family, non-commercial needs. Purchasing in the Online Store for commercial purposes is prohibited. In particular, the commercial resale and distribution of goods ordered via the Online Store is prohibited.
1.4. Contradictory terms and conditions of contract, namely those which the Customer declares to be applicable together with the acceptance of the contract, are only valid if, and to the extent, they have been accepted by the Seller expressly and in writing.
1.5. The Seller reserves the right to amend these General Terms and Conditions of Business.
2. CUSTOMER SERVICE
For questions, requests or complaints, the Customer can contact the Customer Service of the Seller: By mail:
DOWNTOWN SWISS gmbH, Online Service, Schoffelgasse 7, CH-8001 Zurich Telephone: +41 (0) 44 599 89 55, Email: email@example.com
3. CONCLUSION OF CONTRACT
3.1. The Online Store merely represents an invitation to the Customer to provide offers for the conclusion of a purchase contract concerning the presented goods.
3.2. A binding order is only triggered when the Customer enters all data required for the execution of the contract, acknowledges these General Terms and Conditions and has clicked on the “Place binding order” button (“Order”). Until this button is clicked, the Customer can first select products from the Seller’s assortment of without commitment and place them in the shopping cart via the “Add to cart” button. Before placing the order, the Customer can enter and change the order data. The delivery of the order is deemed to be an offer of the Customer to conclude a contract with the Seller.
3.3. After delivery of the order via e-mail, the Customer receives an automatic order confirmation that again reflects the content of the Customer’s order. This automatic order confirmation does not yet constitute acceptance of the offer but only documents that the order has been received by the Seller.
3.4. The Seller reserves the right to accept the order. The Seller is not obligated to conclude a contract based on an order. In particular, an order can be cancelled or rejected if there is a violation of these General Terms and Conditions of Business or there is a corresponding suspicion. Such a case exists, e.g. if a Customer has not paid for an earlier order or a lack of credit card cover had been determined in a previous order. A cancellation of the order and the rejection of future orders are also possible, if the Customer’s amount of returns is high and has not improved despite being appropriately informed. Furthermore, a cancellation of orders is permitted even if a Customer is suspected of being a commercial buyer and the Customer cannot rebut this suspicion. A rejection of future orders is possible in this context, if a Customer has made public, or should make public, that he distributes the ordered goods commercially. The Customer shall be informed via e-mail about cancellations and rejections.
3.5. The contract is only concluded by the express declaration of acceptance of the Seller. The Seller is entitled, yet not obliged, to accept the Customer’s order within seven days of receipt by the Seller. The acceptance is declared by the Seller by sending the Customer an order confirmation via e-mail to the specified e-mail address.
3.6. The aforementioned also applies if the Customer has already paid the purchase price by the chosen payment method prior to the conclusion of the contract or has issued instructions for payment. If, for any reason, the contract is not concluded in this case, then the Seller shall inform the Customer, after checking the order, and reimburse the advance payment. If the contract comes into effect at least for a part of the goods ordered, then the Customer shall be notified of this with the declaration of acceptance, i.e. the e-mail with the invoice and the order confirmation. In this context, the refund is made for the non-deliverable goods.
3.7. If the order includes several items, then the contract is only concluded for those items that are explicitly listed in the e-mail with the invoice and order confirmation.
3.8. A maximum of two units of the same item can be ordered per order of the same type.
3.9. The registered Customer can view the status of his orders in his/her personal Customer area.
4. PRICES, SHIPPING AND DELIVERY
4.1. All prices specified in the online store include the applicable statutory VAT. The Seller shall inform the Customer of any applicable shipping costs incurred, as well as any additional costs (e.g. for an express order, gift packaging) in the order form immediately prior to submitting the order.
4.2. The Seller reserves the right to change the prices for the offered items at any time. The respective price at the time of the order applies.
4.3. Unless otherwise agreed, delivery shall be made to the delivery address provided by the Customer. A delivery is only made within Switzerland. The Seller shall inform the Customer of the delivery period during the ordering process and/or in the e-mail with the invoice and the order confirmation. Unless otherwise stated, the delivery period for standard delivery is 2 to 5 business days from the e-mail with the invoice and order confirmation. More detailed information on the shipping options, the transport company used and the delivery process are available on the information pages of the Online Store.
4.4. After handover of the goods to the transport company, the Customer receives a shipping confirmation via e-mail that contains a tracking code which allows the Customer to track the delivery.
4.5. After receipt of the e-mail with the invoice and order confirmation, the Customer is obligated to accept the goods. Change requests and cancellation orders can no longer be considered, or they are only taken into account at the discretion of the Seller and on a voluntary basis. The right to revocation is pursuant to clause 6 below.
4.6. In the case of delivery to the address specified by the Customer, visible quantity differences must be reported in writing to the Seller, immediately upon receipt from the transport company, or after receipt of the goods, or within five (5) days for concealed quantity differences (see clause 2 Customer Service).
4.7 If a delivery is not received by the Customer despite confirmation of dispatch by the carrier, or if the Customer does not receive any message from the carrier within 2 days, then the Customer must immediately contact the customer service of the Seller (see clause 2 above).
5. PRESENTATION OF THE GOODS, DELIVERY TIME, AVAILABILITY
5.1. Images of goods in advertising, brochures, Online Store, etc. are for illustration purposes only and are non-binding. The same applies to information on the individual goods, as they are for information purposes. The details provided by the manufacturer (e.g. relating to the manufacturer’s warranty; provided that they are valid in Switzerland. Only the manufacturer’s information (e.g. with regard to manufacturer guarantee) is decisive if these are applicable in Switzerland. We reserve the right to change the goods specified in the Online Store at any time and without prior notice as well as to limit the number of items that a Customer may purchase.
5.2. Certain goods depicted in the Online Store cannot be ordered and purchased directly via the Online Store. In each case, this is made clear in the respective product information. For these goods, a request form is available to the Customer in the Online Store.
5.3. All information in the Online Store on the delivery time of goods is without warranty.
5.4. If the Seller is unable to comply with a delivery deadline due to reasons for which he is not responsible (non-availability of the goods, e.g. due to force majeure), then the Seller shall inform the Customer immediately and, if applicable, indicate the new anticipated delivery deadline. If the new delivery deadline is not acceptable to the Customer, or if the goods are partially or no longer available within the new delivery deadline, then both contracting parties are entitled to withdraw from the contract with regard to the relevant goods; in this case, the Seller shall immediately reimburse the Customer for any consideration already provided with regard to the non-available goods.
5.5. Delivery takes place under the condition of timely and proper self-delivery by the suppliers. In cases of force majeure such as strike and other employment disputes, insurrection, war, natural disasters, as well as in the event of a delivery block of the manufacturer or pre-supplier, there is no default of the delivery. The Seller is not liable for delays in delivery that were caused by manufacturer companies or by third parties.
5.6. The goods are available as long as supplies are sufficient. In exceptional cases, errors or adjustments can occur, especially with simultaneous ordering of the same goods by several Customers. The Seller is not liable for missing inventory levels or non-availability of goods.
5.7. If all goods ordered are not in stock, then the Seller is entitled to partial deliveries. If, after conclusion of the contract, it is clear that goods may not be delivered either partially or in total, due to reasons for which the Seller is not responsible, then the Customer is entitled to withdraw from the contract.
6. RIGHT OF REVOCATION
The Seller grants the Customer a contractual right of revocation in accordance with the following regulation:
The Seller voluntarily grants the Customer a contractual right of return. A return must be made within 14 calendar days from the day on which the Customer took possession of the ordered goods from the carrier. It is recommended, yet not mandatory, to advise the Seller’s customer service (see section 2 above) before returning. In this case, the date of transfer to the carrier of the goods to be returned shall remain decisive for compliance with the return period. Excluded from the right of return (but not from the warranty claims), are goods that are not prefabricated, and for which a customised selection or a determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies to individual engravings or modifications of the goods, for example.
The goods must be returned to the following address:
DOWNTOWN SWISS gmbH
The goods must be returned new and unused. The goods must be returned in the original packaging with all protective materials, trailer slips and labels on the products as well as with all additional accessories or replacement material. The details provided by the manufacturer are always decisive, provided that they are valid in Switzerland. If the return shipment is not carried out according to these specifications, then the Seller is entitled to offset the corresponding material value of the non-returned items with the reimbursement to be paid out to the Customer. Offset takes place even if the goods are damaged during return transport due to a fault of the Customer.
The Seller bears the costs of returning the goods if the Customer uses the pre-stamped return label of the carrier enclosed with the delivery. Otherwise, the Customer shall bear the direct costs of returning goods and liability/insurance for the package itself. The pre-stamped return label must also be used for reasons of insurance and liability. If the Customer does not use the pre-stamped return label, then he is liable for the full value of the returned goods. In this context, the Seller is not responsible for loss, damage, shipping to an incorrect address or for delays in delivery in the return shipment. If the return label is not used, then the Customer is responsible for the insurance of the goods on the transport. The purchase price will be refunded to the Customer (minus additional, delivery and shipping costs).
The refund is made via the same payment method that the Customer used when ordering, unless something else is expressly agreed with the Customer. The refund is the only service of the Seller in the case of returns. Exchange of the goods is excluded. The refund takes place only after the returned goods have been received by the Seller and subjected to a quality inspection. During the quality inspection, it is decided whether the goods are still new or whether a loss of value arose, which is to be deducted from the refund accordingly.
7. RETENTION OF TITLE
Until the full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price), the Seller reserves the right to ownership of the goods delivered in each case. For Customers with registered office in Switzerland, the Seller is entitled to make a corresponding entry in the retention of title registry.
8. PAYMENT METHODS
The payment options specified for orders in the Online Store are available to the Customer. More information can be found in the payment information.
The Seller reserves the right to assign or pledge the outstanding purchase price receivables due from the Customer in connection with goods deliveries, including any possible partial payment instalments, default interest and overdue fees to third parties
10. TRANSFER OF BENEFITS AND RISK
10.1. The Seller’s performance is an obligation and is satisfied with the transfer to the transport company. After shipping, the risk of accidental deterioration and accidental destruction of the goods is transferred to the Customer. The Seller is not responsible for a fault of the transport company used.
10.2. An assumption of transport costs agreed in individual cases by the Seller does not affect the transfer of risk.
11. OBLIGATION TO INSPECT AND REJECT WARRANTY
11.1. Commercial or technically unavoidable, material-related deviations of the quality, colour, size, equipment or design of the goods do not constitute a defect.
11.2. The Customer is obliged to inspect the delivered goods as soon as it is feasible in accordance with usual business practice and to immediately inform the Customer Service of the Seller of any defects detected (see above clause 2). If the Customer fails to do this, the goods are considered approved. The approval is deemed to be implemented in any case if Customer Service does not receive a notification of defects via e-mail within 8 days from the Customer.
11.3. Defects that were not identifiable in accordance with the previous paragraph are to be immediately reported to Customer Service (see above clause 2) after discovery, otherwise the goods ordered are also deemed to be approved with regard to these defects.
11.4. Before returning the goods, the Customer must contact Customer Service (see clause 2 above). This notification can be done simultaneously with the notification of defect (see clause 11.2 and 11.3 above). Customer Service will inform the Customer how to proceed. The defective goods must only be returned after this notification. The transport costs incurred for any return shipment will be borne by us. Goods returned by Customers again become property of the Seller, if the performance of the guarantee takes place by means of delivery of a replacement.
11.5. The Seller may satisfy a warranty by eliminating defects. This is implemented at the discretion of the Seller either by supplementary performance, namely elimination of a defect (rectification), or delivery of a defect-free item (replacement delivery). If neither supplementary performance nor replacement delivery is possible, then the performance of the warranty is by rescission. When selling CPO watches, the seller’s warranty takes the form of remedial action for any defects. However, only repair (rectification) is available. If repair is not possible, then the seller agrees to cancel the purchase (‘Wandelung’ – Art. 205 OR).
11.6. If the supplementary performance fails, then the Customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. A right to a reduction in price is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, such as those from contract (Art. 97 et seq. CO), tort (Art. 41 et seq. CO), contestation of the contract due to error (Art. 23 et seq. OR.), etc.
11.7. The Seller is not obliged to guarantee, if the Customer or a third party does not comply with the operating or maintenance instructions for the goods, makes changes, replaces parts, or use consumables that do not correspond to the original specifications.
11.8. The customer receives no guarantees within the meaning of the law, except the manufacturer’s warranty. The Customer does not receive guarantees in the legal sense. Of course, manufacturer guarantees remain unaffected. The Seller assumes no liability for the descriptions of third parties, in particular other Customers in the context of the Customer evaluations published in the Online Store or our social media presentations.
11.9. The aforementioned limitations and shortages do not apply to claims due to damages caused by the Seller, its legal representatives or vicarious agents:
– in case of injury to life, limb or health
– in case of intentional or grossly negligent breach of duty and fraud
– as part of a guarantee agreement, if it is so agreed
– if it falls within the scope of application of the Product Liability Act.
12. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, then the Customer must report such defects immediately to the transport company and contact the Seller immediately. Failure to promptly file a complaint or make contact has no consequences for the legal claims and their enforcement, in particular the warranty rights (see, however, the obligation regarding timely notification of defects in clause 11.2 and 11.3). However, the Customer shall help the Seller to assert its own claims against the freight carrier or transport insurance.
13.1. The liability of the Seller for slight negligence is excluded. The liability for auxiliary persons is completely waived.
13.2. In particular, the Seller shall not be liable for damages that are attributable to one of the following causes: (i) improper, contrary to the contract, or unlawful storage, configuration or use of the goods, (ii) use of incompatible replacement or accessory parts, (iii) omitted maintenance and/or replacement parts, (iii) omitted maintenance and/or improper modification or repair of the goods, by the Customer or a third party, (iv) force majeure, in particular damage from the elements, moisture, fall and impact etc., for which the Seller is not responsible, and official orders.
14. DATA PROTECTION
15. APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law shall apply exclusively. This choice of law only applies to consumers insofar as the consumer is not deprived of the protection provided to them by the compulsory consumer protection regulations of the country in which they are usually resident. Application of the UN CISG is excluded. Jurisdiction for any disputes about or relating to these General Terms and Conditions is the competent court in Zurich.
Relase: October 2019
Update: September 2020