Terms and conditions

TERMS OF SALES

Preamble

Terms and conditions dated 06.03.2019 ( March six two-thousand and nineteen). These General Conditions of Sale (GTC) define the conditions applicable to sales concluded between the "Purchaser", the person making a purchase on the internet https://asten-montre.ch, and the company "Asten Tardy".

I. Legal form

Under the terms of these terms and conditions and on the website https://asten-montre.ch, Asten Tardy is understood as an individual reason under Swiss law. Asten Tardy Rue des Chenevières 11 1800 Vevey / Switzerland E-Mail: [email protected] Registered in the Commercial Register: CHE-183.224.419 Web Host: Scaleway

II. Interpretation

For the purposes of these Terms of Sale:

"Buyer" means the person, firm or company that places an order for the purchase of Products, as specified in such order or offer, as the case may be.

"Conditions" means these general conditions of sale, it being specified that these can be modified periodically by Asten.

"Contract" means the agreement between Asten and the Buyer arising from the submission by the Purchaser of an order or constituted by an Offer for Asten Products and the written acceptance between those parts of said agreement. This Agreement will be deemed to include and be governed by these Terms.

"Product" means the watches supplied as agreed by Asten to the Purchaser under the order or offer.

"Offer" means an offer document submitted by Asten to the Buyer describing in particular the characteristics of the product and the conditions of its acceptance.

III. Scope

  1. These general conditions of sale apply to all offers, orders and deliveries of Asten products.

  2. By purchasing or ordering an Asten product, the Buyer acknowledges accepting these terms and conditions without any modifications and in their entirety.

  3. In the event of discrepancies between the language versions, the French version of the abovementioned general conditions shall prevail.

  4. In addition to the version on the aforementioned website, Asten will send to the Buyer, on request, a copy of these terms and conditions.

  5. Asten is entitled to modify these terms and conditions from time to time. In such a case, Asten will inform the Buyer of any adjustment to the terms and conditions by informing the Buyer of the content of the amended provisions. The change is an integral part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text within one week from receipt of the notice of change.

IV. Clause of divisibility

If certain provisions of the contract, including these provisions, are or become totally or partially void or if the contract presents an unforeseen deficiency, the validity of the other provisions or parts of the provisions will not be affected. The obsolete or missing provisions are replaced by the relevant legal provisions.

V. Offer

  1. A period of limited validity or conditions of applicability must be explicitly mentioned in the offer.

  2. Asten's offers contain a complete and accurate description of the products offered.

  3. Asten shall not be held liable in the event of obvious errors or gross irregularities in its tenders, in particular calculation or price errors which are easily recognizable to the purchaser.

  4. Each offer contains information detailing the rights and obligations of the Buyer with respect to the acceptance of the offer.

VI. The contract

  1. Subject to clause 3 paragraph 3 of these general conditions, a contract is deemed to be concluded between the Buyer and Asten, as soon as the offer is accepted by the Buyer.

  2. After placing an order, Asten will acknowledge receipt of the accepted bid receipt electronically at the email address provided by the buyer. To do this, it is up to the buyer to communicate a valid email address during the ordering process.

  3. The Buyer may terminate the contract as long as the acceptance has not been confirmed by Asten at the email address provided by the buyer.

  4. In case of doubt about the buyer's ability to fulfill his payment obligations in a timely manner, Asten reserves the right to refuse the order or to submit its performance under special conditions.

  5. At the latest on the date of delivery of the product, Asten will send to the buyer, in writing or in a manner allowing the buyer to store it on a permanently accessible medium, the following information: 5.1. Asten's address to which any complaints may be addressed; 5.2. The conditions relating to the exercise of any right of withdrawal of the buyer; 5.3. Information regarding the product warranty and after-sales service; 5.4. The price, including all taxes on the product; 5.5. The terms of delivery and the standard form concerning the exercise of the right of withdrawal.

VII. VAT

All prices listed on the website do not include VAT, in accordance with the applicable legislation. In case of delivery of an order outside the EU, VAT will be deducted at the time of payment. In case of an order shipped to an address outside the EU, the buyer may be subject to import duties and taxes, levied on arrival of the goods to the delivery address indicated. The buyer is responsible for the payment of these import duties and taxes. It should be noted that these charges are not the responsibility of Asten and that Asten can not predict the amount since they differ from country to country.

VIII. Payment

  1. Asten accepts the following secure payment methods: payment by Visa card; MasterCard; American Express and bill payment.

  2. The buyer will be bound by the terms and conditions of the provider of the payment of his choice and regarding the payment. Asten has no control over these terms and conditions and can not be responsible for their content.

X. Delivery

  1. All ordered Asten products are delivered free of charge in Switzerland.

  2. In order to be able to deliver to the Buyer the ordered product, a valid delivery address is required.

  3. It is the responsibility of the Buyer, when ordering or accepting the offer, to provide Asten with a valid delivery address, respectively to correctly enter the desired delivery address.

  4. In case of problems, when sending an order due to an error in the delivery address given by the Buyer, Asten can not be held responsible for the loss of the shipment.

  5. If additional information is required for the proper performance of the delivery, Asten is entitled to contact the Buyer to request such information. Any request for additional information may result in a delay in delivery.

  6. Asten will exercise all due diligence to ensure that the ordered product is delivered to the Buyer on time at the desired delivery address.

  7. If the delivery is delayed or if it can not be carried out or if only partial execution is possible, the Buyer will be informed as soon as possible. In this case, the buyer has the right to terminate the contract without charge, if the fault is attributable to Asten.

  8. Unless agreed otherwise, the risk of damage and / or loss of products is borne by Asten until the moment of delivery to the address indicated.

  9. In the event of delivery of a damaged or incomplete product to the Purchaser, the Purchaser shall promptly report this defect to Asten (at the latest within 24 hours of receipt of the order) via the website. (contact page: https: //asten-montre.ch/contact). Asten will then give the claim the result justified by the circumstances. If the claim is justified and complies with these terms and conditions, Asten will refund to the Buyer the price of the product.

  10. The Purchaser is made aware that, in the above cases, he is obliged to inform Asten and wait for instructions from the Asten team. Failing this, no reimbursement of the costs incurred by the Purchaser may be required of Asten.

  11. In case of shipment not delivered to the delivery address of the buyer (or the point of collection) 14 days after the date of dispatch, the buyer has the obligation to inform the team of Asten by e-mail within 14 days (so: as a last resort 28 days after the date of shipment).

XI. Withdrawal period

  1. Unless expressly stated otherwise, the Buyer is authorized to revoke the contract and to return the order without justification or indication of reasons within 10 days of receipt thereof (note the exception mentioned above). : in case of damaged or incomplete item, the buyer must inform the Asten team by email and wait for further instructions).

  2. The buyer shall exercise his right to withdrawal, within the aforementioned period, using the form provided with his order upon delivery.

  3. In this case, the Buyer is authorized exclusively to unpack the ordered product and to use it to the extent necessary that allows him to determine if he wishes to keep the product. On this occasion, the Buyer is permitted to manipulate and examine the product as it would be permitted to do in a physical store. In particular, the Buyer is required to handle the product with care and to keep it in its original intact packaging (ie the box in which it received the product, not the carton box that is used only for delivery).

  4. The Purchaser will return the ordered product to Asten no later than 10 days after the date on which he will signify his intention to revoke the contract in Asten, in the original condition and packaging, in accordance with Asten return instructions (as mentioned on the packing slip).

  5. The Buyer is responsible for the return of his order and bears all the risks as well as the burden of proof concerning the correct and timely exercise of the right of withdrawal. It is strongly recommended that the Buyer return the ordered product by insured shipment in a sealed package.

  6. In case of loss or damage to the product upon return or if the receipt of a return is refused (for example, if no valid signature can be produced by the carrier), Buyer's liability is incurred . In such a case, the Buyer then has the opportunity to put the liability of the carrier involved.

  7. The buyer, as a return shipper of the product ordered, may initiate the claim procedure for any problem that may arise in connection with the return of the product. The buyer will keep for this purpose the acknowledgment of receipt (official, digital) of his return, which contains the tracking information.

  8. The costs related to product returns in connection with the exercise of the Buyer's right of withdrawal are borne by him. The Buyer bears these expenses even if the shipment has not yet arrived at the shipping address indicated.

  9. Provided that all the requirements applicable to the exercise of the right of retraction have been fulfilled by the Buyer, Asten will credit the amount paid on the account that the Buyer will have used to pay the price of the order as soon as possible but in any case within 10 days of receipt of the return (the return costs are not refunded).

  10. Any customs duties, and other import duties or (administrative) fees, will be borne by the buyer. On the date when Asten credits the buyer, Asten will deduct customs duties, import duties and / or (administrative) charges, to the extent that these amounts have been billed to Asten (as the parcel forwarder).

  11. Return address of orders: Asten Tardy Rue des Chenevières 11 MyPost24 User ID: PT434596 1800 Vevey (CH)

XII. Warranty and repair

  1. Asten watches are warranted for a period of eighteen (18) months.

  2. The warranty gives the Buyer assurance that the products meet the standards of functionality, reliability and durability. The warranty policy on Asten products takes effect automatically on the date of purchase of the Asten product.

  3. The warranty covers the material and manufacturing defects existing at the time of purchase of the Asten watch ("defects"). The warranty comes into effect only if the warranty certificate is dated, fully and correctly completed, and bears the stamp of Asten ("valid warranty certificate").

  4. During the warranty period and upon presentation of the valid warranty certificate, the Buyer shall have the right to have any defects repaired free of charge. In the event that repairs prove to be ineffective in restoring the normal conditions of use of your Asten watch, or if you have purchased an Asten watch whose case can not be opened, Asten guarantees that it will be replaced by a similar model Asten watch. The warranty on the replacement watch will expire eighteen (18) months after the date of purchase of the replaced watch.

  5. Guarantees do not apply in case:

  6. loss or theft;
  7. damage caused intentionally;
  8. Damage resulting from improper use, such as scratches, falling, bouncing;
  9. Normal wear or aging of the materials used;
  10. Damage resulting from negligence.

  11. The guarantee on an Asten watch covers the movement, the bracelet and not other parts, such as glass. The traces of wear visible on the watch must be considered as normal consequences of the use. The effects of perspiration on the bracelet differ from one person to another depending on the degree of acidity of the skin.

  12. Asten watches are "3ATM Water resistant": that is, the watch is protected against minor splashing water. Asten "3ATM Water resistant" watches can not be worn in the shower or bath and are not suitable for swimming or diving. Asten watches can only be exposed to minor splashes of water: they must not be exposed to chemicals such as perfumes, cosmetics and cleaning products.

  13. Buyer acknowledges and agrees that Asten watches are fragile and may be broken for lack of care and improper use.

  14. Warranties no longer apply in the case of third-party repair work or other work performed on the products without the prior written permission of Asten. (subject to change of bracelet made by a professional third party).

  15. Shipping costs for a return after a warranty or repair claim (for defects that have occurred after the Buyer has used the item) will be borne by the Buyer.

  16. In the event of questions regarding returns and the guarantee, the buyer can contact Asten at any time on the website: [email protected]

XIII. Personal data and confidentiality

Asten complies with the confidentiality regulations as set out in the General Data Protection Regulation. Asten will save the data entered by the buyer into a file. The data will be used for the purposes of executing the buyer's order and stored as long as necessary to resolve any problems with the fulfillment of the order. Asten guarantees that all personal data will be treated with care. The personal data of the buyer will not be shared with a third party, except for the purpose of the execution of the order or a repair. Asten is authorized to use the data of the buyer to send to the latter advertising on its products.

XIV. Force Majeure

Notwithstanding anything to the contrary in these Terms, Asten shall not be liable to the Buyer for any loss or damage suffered by the Purchaser as a direct or indirect result of the supply or shipment Product is prevented, delayed or rendered uneconomic due to circumstances or events beyond the reasonable control of Asten. If, due to such events or circumstances, Asten does not have sufficient products to meet all of its commitments, Asten may allocate the products available among its customers, at its sole discretion.

XV. Applicable law and competent jurisdiction

  1. Swiss law applies to all legal transactions or other legal relationships between Buyer and Asten. The application of the United Nations Sales Convention (CISG) and other international agreements is excluded.
  2. In the case of a contract with a consumer, this choice of applicable law applies only to the extent that the protection granted is not withdrawn by imperative provisions of the law of the country in which the consumer has his habitual residence. As a general rule, in the case of contracts concluded with a consumer, the place of jurisdiction is the place of residence of the consumer.

  3. In commercial transactions with merchants and / or legal persons, the court of jurisdiction for all disputes relating to the application of these general conditions and the sales contracts concluded in connection therewith is the court of law. where is the seat of Asten.

You can make a request to receive a .pdf copy of the legal notice by writing to the following e-mail address: [email protected]